MEADOW HEIGHTS SUBJECT OF PROBE

PATTON -- Bollinger County Prosecuting Attorney William Hopkins says its time to settle things at Meadow Heights schools.

Monday's Meadow Heights Board of Education meeting drew a crowd of about 40, including a uniformed deputy from the Bollinger County Sheriff's Department. Three video cameras and at least three audio tape recorders documented the proceedings.

After the meeting, several people commented on how smoothly the meeting ran. They expected fireworks.

Hopkins has launched a three-pronged investigation into allegations about problems in the school district.

The first part of the investigation involves the transfer of $300,000 in school money from a Bollinger County bank to two Cape Girardeau County banks.

Cape Girardeau County assistant prosecutor Ian Sutherland has been named a special prosecutor to investigate the transfer. The Missouri Highway Patrol and the Cape Girardeau County Sheriff's Department have joined the investigation.

Meadow Heights Superintendent Tom Waller said he was interviewed by an investigator from the sheriff's department about a week ago, but he hasn't heard anything more.

Sutherland said Monday that information uncovered so far has revealed no criminal activity.

He said prosecutors have discretion over whether to file criminal charges.

"I have to look at the situation and determine if I take it to a jury can I prove they were doing something with criminal intent," Sutherland explained. "Certainly there were procedural things.

"But they don't have a criminal intent in the process," he added. "I have chosen not to file anything at this time."

The investigation was prompted by complaints from Meadow Heights Board of Education member Millie Yates.

Yates has spent the better part of two and a half years investigating dealings of the school system and its superintendent.

She believes wrong-doing is rampant at the school and has built a group of followers who also question school board and superintendent decisions. Yates claims the situation has deteriorated to name-calling, harassment and threats.

Tom Parker, a parent and supporter of Yates, said: "I think Ian Sutherland needs to get out from behind his desk and come out here.

"These issues are real and they are important to the people who live in this community."

In October, certificates of deposit totalling $300,000 came due at the Security Bank of Bollinger County. The $300,000 includes, among other money, tax dollars waiting to be spent on district debt payments.

Prior to October, Waller and board members discussed looking for higher interest rates for the investment funds.

Yates said, "We told him to shop around and get back to us."

Waller said he thought the board had given him the green light to place the funds wherever the interest rates were best.

In October he invested $200,000 at Boatmen's Bank in Cape Girardeau and $100,000 at Mercantile Bank in Cape Girardeau.

In November, Yates questioned the checks she saw on ledgers. She began asking questions about how the money could be moved without the board's approval.

Waller said the move was never a secret, but he conceded possible miscommunication.

At the December board meeting, the board members OK'd the transfer. Yates dissented.

She gathered as much information as she could and took it to Hopkins, asking for his help.

Hopkins said her allegations claimed that "some criminal shenanigans" went on with the bank transfer.

But the Bollinger County prosecutor didn't think it appropriate to investigate the matter himself because he knows so many of the people involved. He asked the circuit court to appoint a special prosecutor, and Sutherland was named April 24.

The certificates of deposit in question come due May 24 and June 24. At Monday's board meeting, members again said Waller should look for the highest interest rates for the short-term investments.

Board member Dennis Mouser asked that documentation be provided to board members showing the interest rates and banks considered.

Other facets of the investigation involve whether those school board members who knew about the money transfer committed any crimes.

Missouri law provides for the removal of people serving in public office, including school board members, if they are guilty of willfully corrupt or fraudulent activity. If this were the case, a prosecutor could file a court case to have the official removed from office.

Also, Missouri Attorney General Jay Nixon is looking into the legality of the election of Junior Cook -- a member of the Bollinger County Commission -- to the Meadow Heights school board.