PREVIOUS SB 40 BOARD CONTESTS NEW BOARD

PERRYVILLE -- A new board to manage county tax funds designated for the handicapped has been appointed by the Perry County Commission, but its existence is already being contested.

The three-member commission named nine people Thursday to serve on the county's Senate Bill 40 board, which is in charge of appropriating nearly $190,000 annually to the sheltered workshop, group homes or other handicapped-related services.

The previous board's members had been told on April 6 that they had violated a state statute. The statute says Senate Bill 40 boards must present requests for reappointment of its members to the county commission before their 3-year terms expire. A formal request for reappointment had been made for only one board member out of nine, said Tom Sutterer, presiding commissioner. The one board member is Jim Lottes, he said.

In response to this, the previous board has filed a petition in Perry County Circuit Court seeking declaratory relief and a writ of prohibition. Cape Girardeau attorney John Oliver said the board has evidence that appointments were made properly, and he is asking the court to rule that the county commission overstepped its authority.

"I don't understand their attitude," Oliver said. "The statute doesn't give them any authority to disband the board. They can appoint and reappoint only."

In a press release from Oliver's law firm, the board members say the defendants, County Clerk Randy Taylor and the three commissioners, are "upstanding citizens with integrity." However, the defendants and the general public have been misinformed, the release says.

"We believe this litigation is necessary to correct the misinformation and unfortunate politically motivated actions," say the previous board members in the release.

Of the nine people appointed to a new Senate Bill 40 board, three were members of the previous board. They are Lottes, Adrian Moll, and state Rep. Patrick Naeger.

Other new board members are Ruth Tinker, Catherine End, Dave Richardet, Celesta Kiefer, Kim Dunker, and the Rev. Robert Huttegger.

Moll has said he doubts he will show up for the new board's first meeting on Monday. He still considers himself a member of the old board.

"Unless they reappoint all the members of the old board, I'm not going to participate," he said.

Moll had filed his application for the new board on a friend's suggestion. He said he has served on the Senate Bill 40 Board since its inception in 1976.

"I wouldn't have served all those years if I didn't think it was legal," Moll said.

The Rev. Huttegger, who is pastor of Perryville Apostolic Tabernacle, looks forward to being a board member.

"The handicapped are a vunerable people group, and I want to assist them in any way I can," said Huttegger, who has four disabled workshop employees attending his church.

Although Sutterer had said appointments would be made next week, a lack of new applications over the past four days convinced commissioners to take action. About 30 applications for the board were received, he said.

"We felt we had a lot of good candidates," Sutterer said. "But we only had eight positions to fill."

Sutterer considers that the commissioners have substantially completed their work in this matter.

Although commissioners have expressed a desire to replace VIP Industries, the only contractor to manage the Perryville sheltered workshop, Sutterer said the decision is up to the new Senate Bill 40 Board.

Another board to manage day-to-day affairs at the workshop is still being created, said Bob Ray, executive director of the Perry County Industrial Development Authority. This board, organized to be an independent, not-for-profit corporation, would take over VIP Industries' role, Ray said.

VIP Industries' management came into question last month when all four managers at the Perryville workshop resigned, citing poor working conditions for the handicapped.

An incorporated Perryville board under VIP Industries had existed until 1986, but its status was allowed to expire, Ray said. Since then, VIP Industries' Cape Girardeau board has overseen Perryville's workshop, he said.

Aside from establishing proper not-for-profit status for tax purposes, everything else should be in place to function as a independent board by next week, Ray said.

"We're starting everything from scratch," he said. "It's like a brand new company, so to speak."

Under the new bylaws that are completed, a board of nine must be selected. However, Ray said it could be as many as 12. They will be selected from at least the 24 applications received so far, and any others that are sent in the next few days.

By assisting with the formation of a corporation to oversee the workshop, Ray said he is looking after the interests of Perryville auto parts maker TG Missouri. The company subcontracts about $1 million in jobs annually to the workshop.