Cape Girardeau County's attorney suggests ending dispute in Sunshine Law case

Two letters may open a door to ending Cape Girardeau County's Sunshine lawsuit, though for the moment 2nd District commissioner Jay Purcell's appeal of the October court decision against him will continue.

Tom Ludwig, representing the county, sent the first letter, dated Nov. 21, to Purcell's attorney, J.P. Clubb.

Purcell filed suit against the commission in May over the commission's April 17 closed session. His suit said the meeting violated the Sunshine Law. During the closed session, commissioners discussed a controversial road easement and confronted Auditor David Ludwig for inappropriately using his office computer and printer to view scantily clad actresses. Purcell secretly recorded the meeting. The suit asked that the county admit mistakes were made and agree to Sunshine Law training.

In October, Associate Circuit Judge Stephen Mitchell of Stoddard County ruled against Purcell, saying the April 17 meeting had no purposeful or knowing violation of the Sunshine Law but that the discussion rambled into off-limits territory. Mitchell ordered Purcell to pay for the costs of the suit. The county has spent more than $13,000 for its defense; while campaigning to keep his county commission seat, Purcell said his legal bills had exceeded $6,000.

Purcell announced in October he would appeal the decision.

Tom Ludwig's letter characterized Purcell's suit as "a little strange" but went on to suggest ending the dispute.

"The voters have elected your client and a new commissioner and they, along with Presiding Commissioner [Gerald] Jones, should put all of this behind them and worry about what they are going to do for Cape Girardeau County today and tomorrow and the day after," he wrote, closing the letter with, "April 17 has come and gone. Judge Mitchell did a great job of analyzing what your client did wrong and what other things were done correctly and incorrectly on that day. Why can't we acknowledge that and move forward. Please let me know what you want in order to end this dispute and put this litigation to rest."

A copy of the letter was filed with the county and reviewed by commissioners at Monday's regular meeting.

Clubb's response, sent Tuesday, said voters had "spoken in this matter and they sided overwhelmingly in favor of open and transparent government."

Both Ludwig and Clubb, contacted by phone Tuesday, limited their comments, primarily referring back to the text of their letters.

The message from Purcell's side of the suit was clear.

"The Commission still has a chance to set an example to all public governmental bodies throughout Missouri by admitting it made a mistake and pledging to follow the law going forward," Clubb's letter said. "As Commissioner Purcell has previously offered, he would gladly enter into a Consent Judgment, Stipulation or Agreement with the Commission declaring the Commission's notice for the April 17, 2008 meeting was defective and that the Commission improperly held a closed session at the same meeting."

Ludwig declined to comment on Clubb's letter.

In an e-mail after a phone interview, Clubb said he would be happy to meet with Ludwig to talk about the case and would await a call.

Clubb said the appeals process will move forward once he receives the legal records from the trial court.

pmcnichol@semissourian.com

388-3646

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