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Published August 22, 2007 10:18 pm - Experts on Missouri’s Sunshine Law say the Missouri Southern State University Board of Governors apparently violated the law last week when it tabbed members of a presidential search committee behind closed doors. Lawyer: MSSU board apparently violated state law By Joe Hadsall
jhadsall@joplinglobe.com Experts on Missouri’s Sunshine Law say the Missouri Southern State University Board of Governors apparently violated the law last week when it tabbed members of a presidential search committee behind closed doors. The board went into closed session Friday to appoint members of the search committee. That committee will select at least three finalists from a pool of applicants to replace President Julio Leon, whose last day with the title is Sept. 1. The selection of a committee never should have been closed to the public, said Jean Maneke, an attorney with the Missouri Press Association, on Wednesday. “Naming a search committee doesn’t fit under any of the exceptions to the Sunshine Law,” she said. “I think the board got bad legal advice.” Board Chairman Dwight Douglas said the meeting was closed so that committee members could be informed of their selection and confirm their participation. He said he does not believe it was a violation of the Sunshine Law. “We needed to have a frank discussion about the composition of the committee, and we did not want to discuss names of prominent people who we had not had the opportunity to visit with,” said Douglas, a Neosho lawyer. “We feel like it was a correct use of the Sunshine Law.” The law allows public boards to close meetings to, among other things, discuss the hiring, firing, disciplining or promotion of employees, but it makes no reference to the selection of committee members. If not cited specifically, the law states, matters are construed to be open to the public. The board voted Friday to go behind closed doors at the beginning and end of its meeting, citing the Sunshine Law exception regarding employees. Notice of the closed session was printed on the meeting agenda. During the first closed session, board members accepted Leon’s departure and appointed Terri Agee as acting president. Douglas announced the actions of the closed portion before resuming with the agenda. After the agenda was completed, the board returned to closed session. When the meeting was reopened, Douglas announced the creation of the committee and identified some members, including Agee and board members David Jones and Jane Wyman. Douglas said the board was advised by its attorney, Jon Dermott, that it could close the discussion under the personnel exception of the Sunshine Law. Dermott declined to comment Wednesday. Charles N. Davis, executive director of the National Freedom of Information Coalition based at the University of Missouri-Columbia, said the personnel exemption allows boards to discuss only the hiring, firing, disciplining or promoting of an employee. 
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