Settlement offered in Cape County Sunshine case; Swingle says 'We're going to court'

Cape Girardeau County 2nd District Commissioner Jay Purcell released plans Thursday afternoon to settle his lawsuit with the county over alleged violations of the state's open meetings and records law. But that offer was not well received by Prosecuting Attorney Morley Swingle, who doubles as the commission's counsel.

During a meeting Thursday morning, Presiding Commissioner Gerald Jones refused to acknowledge Purcell's request to put the settlement offer on the commission's next agenda. Jones said he wanted the agenda item put in writing. Purcell responded to Jones' reaction by formally asking for the item to be placed on the agenda.

Purcell's attorney, J.P. Clubb, released the offer, which was in the form of a letter, to the media. Purcell is asking that the commission admit it improperly closed a meeting.

Swingle was upset about learning of the offer through a reporter. He called the handling of the offer "unprofessional and unethical." As for the settlement offer, he said "we're going to court."

In addition to requiring commissioners to admit an April 17 meeting notice and a closed meeting held that day were improper, the settlement would require commissioners to agree to a free two-hour training seminar on the Sunshine Law by Clubb, who worked in the Missouri attorney general's office for three years. Clubb said if the settlement was approved, he would make the seminar open to all county staff or elected officials. Topics would include notice and agenda requirements and the proper times and subjects for closed meetings.

The settlement "would be a good, great thing for the county commission to do. I don't know that they can push past the hurt feelings to do this," Clubb said.

Jones and 1st District Commissioner Larry Bock could not be reached for comment on the settlement offer late Thursday.

Tensions have run high since Purcell released a series of audio recordings of a private conversation between himself and Jones as well as several county meetings. Clips include both men arguing over such issues as creating a customer service counter for the county's highway administration, webcasting meetings and record-keeping.

On Thursday, Purcell tried to get a settlement discussion put on the May 29 agenda. Jones declined.

"The chair does not recognize that motion or that request, and we'd like to have that in writing so we'll have adequate time to review," Jones said.

Last week, Purcell sued the commission, alleging it violated the Sunshine Law by issuing an improper notice for its April 17 meeting and going into closed session on that date without legal justification. During that meeting, the commissioners discussed a controversial road easement and pressured County Auditor David Ludwig to resign for violating the county's computer-use policy.

Clubb said a settlement would protect Purcell from a possible investigation by the state attorney general's office for violating the section of Sunshine Law that bars recording a properly closed meeting without permission of the officials present. The class C misdemeanor carries penalties of up to 15 days in jail and fines of up to $300 for each charge. If a judge deems the April 17 meeting improperly closed, Purcell could not be charged.

Settling out of court, Clubb's offer said, "would save the county the time and expense of a lawsuit and allow the commission to move forward again, working for the people of Cape Girardeau County."

Despite the friction on the commission, all the votes at Thursday's meeting were unanimous. Commissioners agreed to pay for the burial of an indigent person; reappointed Judy Aufdenberg, Jim Andrews and Don Hanscom to the Handicapped Facility/Sheltered Workshop Board; approved purchase orders; and accepted an audit on the 2007 books for the sheriff department's commissary by the county's senior deputy auditor, Virgie Koeppel.

The exchange over putting the lawsuit on next week's agenda was witnessed by two candidates for the 1st District commission seat, currently held by Bock. Republican Tom Allen and Democrat Pat Wissman routinely attend commission meetings and said it's essential for the commissioners to regroup.

"If I have to have that kind of tension, I'll be very disappointed, I think my track record of cooperation with people is very different than that," Allen said, though he agrees in principle with the idea of suggesting agenda items in writing.

Wissman said Jones is exceeding the limits of his office "in how he's reacting and representing the people."

pmcnichol@semissourian.com

335-6611, extension 127

Have a comment?

Log on to semissourian.com/today

var inlinePlayerParameters = "f":"MOCAP","mk":"en-ap","containerId":"inlinePlayerContainer","type":"ByUUIDS","prop1":"d2ad9e91-908e-4f2e-84d3-f3426341ee7e","skin":"0","headlineColor":"#AB0110","borderColor":"#BBDDEE","padding":"4","sort":"Default","sortdir":"Descending"</script><script type="text/javascript" src=""></script>