County commissioners to discuss Sunshine Law lawsuit in closed session

Cape Girardeau County commissioners are set to discuss a Sunshine Law lawsuit filed earlier this month, but they won't be talking in open session.

The agenda posted by the county Wednesday listed "Summons in Civil Case, Jay Christopher Purcell vs. Cape Girardeau County" under routine business. But just before 5 p.m., Morley Swingle, the county's prosecuting attorney and commission counsel, said the item had been removed.

He said state law bars Purcell from participating in any conversation with other commissioners regarding the lawsuit because it's a conflict of interest. Swingle said he would not comment further other than to say the county will hire a private lawyer. Swingle is a potential witness in the case.

Presiding Commissioner Gerald Jones and 1st District Commissioner Larry Bock will discuss the lawsuit in closed session at 11:30 a.m. today.

J.P. Clubb, Purcell's attorney, plans to be at today's meeting, "just to see what's going on."

The lawsuit, Clubb said, could be settled by a consent judgment, by which the commissioners would sign an agreement acknowledging that an incorrect notice was posted for the April 17 commission meeting, which included a closed portion. In addition, the commission would have to agree to at least two hours of Sunshine Law training, either from Clubb, who worked in Missouri's attorney general's office for five years and specialized in Sunshine Law cases for three, or from a current specialist from the state attorney general office or from the Missouri Press Association's attorney, Jean Maneke.

During April 17's closed session, the commissioners discussed an easement for County Road 346 signed in 2001 and notarized this year and confronted County Auditor David Ludwig for violating the county's computer-use policy. Ludwig has been on sick leave since that date. According to his attorney and spokesman, Al Lowes, Ludwig expects to return to his job after recovering from abdominal surgery. The easement for County Road 346 has since been determined to be invalid and the road has been dropped from the 2008 paving program.

Clubb expressed surprise that the commission would close the meeting to discuss the Sunshine Law suit. He said a consent judgment would create little to no financial penalty to the county. The suit asks for Purcell's legal fees to be paid -- but Clubb said he could not estimate the cost of hiring an attorney for the county and taking the suit to court.

"They'd be punishing the county, spending all this money, probably hiring someone who costs more than me and, first of all, that's assuming they'll win," he said. "If we have to go to the Missouri Supreme Court, we will."

He said the lawsuit has already benefited the county commission, which releases much more detailed agendas, and has raised Sunshine Law awareness.

He said Purcell's apology for recording the closed portion of the April 17 meeting and a private conversation Feb. 6 with Jones "has been lost in the fact of the suit. He's apologized for the taping and will, I think, never do it again."

If the April 17 meeting is determined to be properly closed, Purcell could face charges of a class C misdemeanor, which carries penalties of up to 15 days in jail and fines up to $300.

The open-meeting portion of today's agenda includes a 9:30 a.m. request by Eric McGowen, the county's information technology director, for an Internet content filtering and tracking software package. At 9:45 a.m., Mike Reiminger is scheduled to discuss water problems on County Road 244. The county's highway administrator, Scott Bechtold, has a 10:30 a.m. slot to request the commission's approval of a bid on grading improvements for county roads 405 and 501. Also scheduled is a reading of a letter from Missouri Veterans Commission on the county's veterans memorials and a 911 revenue audit report form VandeVen Accountants.

The meeting starts at 9 a.m. in the commission chambers on the third floor of the county administration building in Jackson.

pmcnichol@semissourian.com

335-6611, extension 127