Disabilities board member faces concerns over conflict of interest

A second term for Cape Girardeau County disabilities board member Bryan Noack appears to be in jeopardy now that a county commissioner and the board's chairwoman have voiced concerns about what they perceive as a serious conflict of interest.

Noack should not serve on the volunteer Cape County Board for Developmental Disabilities, according to Cape Girardeau County Commissioner Jay Purcell and board chairwoman Dory Johnson, because he is also employed by an identical board in Perry County.

"I, for one, believe Mr. Noack should not be reappointed due to past, present and ongoing conflicts," Purcell wrote in an email alerting fellow commissioners to his concerns.

Noack, who served on the board for one year, is up for reappointment when his term expires June 30. The commission makes appointments to the county board and Noack was chosen to serve last year by Purcell, Paul Koeper and former commissioner Gerald Jones.

Purcell said it didn't occur to him at the time that it would be a conflict.

"I'm not trying to shy away from it, but none of us thought anything about it," Purcell said. "All three commissioners knew where he worked."

In recent weeks, however, as the board made headlines in its decision to fire executive director Bob Dale, Purcell received complaints about the fact that Noack had hired one of the board's Cape Girardeau County case workers to work for his office in Perry County.

In his mind, Purcell said, he wonders how Noack can be "100 percent loyal to Cape Girardeau County while actively trying to hire one of our employees away to Perry County to work for him."

Until someone demonstrates to him that it is not a conflict of interest, Purcell said, he will not vote to reappoint Noack.

Johnson, the board's chairwoman, agreed with Purcell's assessment. When Noack hired the worker, Johnson sent an email to the rest of the board expressing her concerns, but four board members responded that they disagreed.

"I still think there is a conflict of interest," she said Thursday, adding she would advise the commission not to reappoint Noack.

Similar situation

Purcell has even researched the matter, finding a 1996 opinion by then-Missouri attorney general Jay Nixon. While the opinion is about ambulance and fire boards, Purcell said the situation is similar enough to offer some guidance.

"Public bodies have an important interest in securing the absolute loyalty of their employees," the opinion states, citing case law. "Different governmental units frequently interrelate. ... The legislature well might conclude that an employee of one governmental unit should not be eligible to serve as a member of the governing board of another."

But Noack, who has a daughter with disabilities, countered Thursday that the hiring of a Cape Girardeau County caseworker didn't happen exactly the way Purcell said it did. The worker, who helped connect those with disabilities with government services, worked for him first and then came to work for the local office. Later, she called Noack, said she had quit the Cape Girardeau County board office and asked to be hired back.

"I did not seek to recruit her back," Noack said.

Noack said he understands Purcell is doing his job. He still hopes to be reappointed, he said, although one other candidate, Ronald Kucera Sr. of Jackson, has also applied for the post. He was also interested in the attorney general's opinion Purcell referenced and acknowledged it may apply to his situation.

"Maybe we just weren't aware of that last year when I was applying," Noack said. "If they think it does apply and they're aware of it now and they choose not to reappoint me based on that, there's not much else I can do about it."

The board also announced Lee Trankler had accepted the position of interim case management supervisor, to perform some of Dale's former duties and to ensure that services are not disrupted until a new executive director can be hired, Johnson said.

smoyers@semissourian.com

388-3642

Pertinent address:

902 E. Jackson Blvd., Jackson, MO