Three Rivers college trustee attorney resigns

POPLAR BLUFF, Mo. -- L. Joe Scott resigned from his position as attorney for the board of trustees at Three Rivers Community College, which also resulted in the withdrawal of his law firm from representing the junior college in the prolonged lawsuit against Southeast Missouri State University.

Scott's letter to the board read in part: "I am no longer interested in attending Trustee's meeting or in representing Three Rivers in legal matters."

The signed letter was dated April 10, two days after voters had selected new candidates Wilbur Thornton and Randy Winston by a two-to-one vote to serve the college board for six-year terms over incumbents John Stanard and Tom Turner.

Messages for comment left at Scott's office and home on Monday were unreturned by press time. Scott's law firm -- Scott, Kidwell & Scott -- has represented the interests of Three Rivers for more than 30 years.

James Grassham, president of the Board of Trustees, said in reference to Scott's resignation, "I'm sure we'll accept it."

Scott's letters reportedly were sent to each member of the current board and received by Monday.

Scott wrote that he will remain a charter member of the Three Rivers Community College Foundation. The foundation is funded through private donations.

On April 11, another letter to the board signed by Paul Kidwell, a partner in the law firm, advised the board to seek new lawyers to proceed with the Southeast lawsuit. It read in part: "You should engage new counsel at your absolute earliest convenience." The trial dates for Three Rivers v. Southeast are scheduled for Oct. 27-30.

Three Rivers President Dr. John Cooper said yesterday he was unaware of Scott's resignation and that it was not his place to comment on the lawsuit. "(Scott) worked for the board, not the administration."

Still, in a letter to the editor printed in the Daily American Republic on March 18, Cooper responded on behalf of the board, stating that advertisements that ran in the newspaper for the board newcomers contained allegations about Three Rivers that were "both inaccurate and irresponsible."

In explaining the unanimous board decision to file a lawsuit for breach of contract against Southeast, Cooper claimed that Three Rivers was "attempting to recoup some of the more than $1.5 million in real damages [plus any costs associated with the lawsuit] resulting from (TRCC's) eviction from the centers (by SEMO) and the costs of establishing new TRCC centers."

Southeast permanently evicted Three Rivers from its higher education centers at Malden, Kennett and Sikeston in 2005 and "in doing so broke rental and educational consortium contracts," according to Cooper.

As a result of Scott and Kidwell's law firm dropping its clients, the board will have to decide whether to pursue the lawsuit with another firm or drop it after Thornton and Winston are sworn in during Thursday's meeting.

Steve Cookson, vice president of the Three Rivers board, said that Scott's resignation and the lawsuit are not yet on the agenda for the regularly scheduled board meeting. "I anticipate there is going to have to be some kind of discussion as to what it all means at the next meeting," the trustee said.

During Thornton and Winston's successful campaign, a series of ads were printed in the DAR that questioned why the college was suing Southeast and "spending tax dollars" for a lawyer. The ads were paid for by the Citizens for TRCC, a committee with Don Crandell as the treasurer.

Winston explained, "One of our main concerns has been why money is being expended on legal advice that the college could have for free."

When Winston was superintendent of the Poplar Bluff R-I School District, he said, the board received its advice from the Missouri United School Insurance Council, a pooling program that provides coverage protection and risk management services for the public school community. "It worked out pretty well for us," the newly elected board member said.

Dan Moore, a lawyer representing the Citizens for TRCC, requested the following public records from Three Rivers under the Missouri Sunshine Law on March 20:

All legal fees and other legal costs associated with the Southeast lawsuit for the past two years;

a list of all late fees incurred by Three Rivers for failure to pay any financial obligation in a timely manner;

and a list of all expenditures for the remodeling or improvement, including furnishing, of Three Rivers Executive Vice President Dr. Larry Kimbrow's office over the past two years.

Although Kidwell questioned the validity of the way Citizens for TRCC was formed, he stated in a letter to Moore dated March 31 that he would release the information in two weeks if the fees associated with the research was paid for.

Moore said yesterday that he received the requested information from the law firm but he had to speak to his client before he can disclose the figures.