From: Brian Cronk Thu, Feb 9, 2017 at 1:20 PM
Subject: Sunshine Law Violations / RSMO 160.775 violations
To: [email protected]

Dear Mr. Scroggins and staff,

I am writing to determine if the Buchanan County Prosector is interested in either of two offenses by the St Joseph School District.

1) Sunshine law violations. Specifically portions relating to timelines for production of records, inappropriate denial of access to records, and failure to respond fully and completely. I have filed a complaint with AG office. Because of my ability to recover costs in a private action I am less interested in the PA office pursuing this – however, a nudge from your office may suffice in getting them to comply.

2) More importantly, violations of the new RSMO 160.775 which was signed by Gov Nixon on June 3, 2016 and which went into effect 1/1/2017. This statute was designed to protect our children and the SJSD has failed to implement it as required. Their attorney responded to me on two different occasions with admissions that the SJSD does not currently comply with this statute. The district last updated their Board Policy in this regard in 2010.

One of those emails from attorney Brian Bear reads “The district is in the process of adopting a new written policy to conform to recently revised Sec. 160.775. The District relies on MSBA for model policies, and those model policies then go through a standard review process before their presentation to the full Board. But as noted previously, even though this policy is not yet formally in place…”

The district had 6 months before the effective date to revise policy and procedures. MSBA is a private organization with no oversight – they are essentially a trade organization. The School Board has the fiduciary duty to ensure compliance with state statutes and “we are waiting for guidance” is not an appropriate excuse for them to be in blatant and intentional violation of a state statute.

I would appreciate a reply so that I can determine if I need to pursue this matter through private counsel rather than having the County pursue it in the interests of the safety of our children.

As you know the superintendent of the SJSD is Robert Newhart [email protected] (816) 671-4000

Their attorneys are Brian Bear ([email protected]) and Joseph Hatley ([email protected])

Brian Cronk, PhD
St Joseph, MO