TO RSMo §§ 536.150, 162.261.1, 162.301.3
COMES NOW Relator Stacey Lyle Salmon moves the Court pursuant to RSMo § 536.150 to require Jeff Koch, Lynda Banwart, Debbie Fort, Jennifer Martucci, and Pat Waldo (collectively “Respondents”) to: (1) correct the minutes for the Joplin Board of Education Meeting for May 26, 2015, to reflect that the motion to appoint Mr. Jim Kimbrough to the vacancy on the Board passed by a three to two vote; (2) administer the oath of office reserved for board of education members to Mr. Jim Kimbrough; (3) provide Mr. Jim Kimbrough with a written copy of the oath of office for his signature; (3) sign as a witness to Mr. Kimbrough’s signature on the written oath of office, (4) and notarize Mr. Kimbrough signature to the written oath of office.
PARTIES
1. Relator Stacey Lyle Salmon is a resident of the City of Joplin, Newton County, lives in the Joplin School District and pays taxes which benefit the Joplin School District. Relator has standing to bring this Writ of Mandamus pursuant to State ex rel. Twenty-Second Judicial Circuit v. Jones, 823 S.W.2d 471 (Mo. banc 1992).
2. Respondent Jeff Koch is a duly elected member of the Board of Education for the Joplin School District and is the Board President. Jeff Koch is a resident of Jasper County,
3. Lynda Banwart is a duly elected member of the Board of Education for the Joplin School District and is the Board Vice President. Lynda Banwart is a resident of Jasper County.
4. Relator Debbie Fort, EED is a duly elected member of the Board of Education for the Joplin School District is a resident of Jasper County.
5. Relator Jennifer Martucci is a duly elected member of the Board of Education for the Joplin School District. Jennifer Martucci is a resident of Newton County.
6. Respondent Pat Waldo is the secretary to the Board of Education for the Joplin School District. Pat Waldo maintains an office in Joplin, Missouri.
VENUE AND JURISDICTION
7. Venue is proper in the Circuit Court of Jasper County, Missouri pursuant to RSMo. § 508.010.2.
8. Jurisdiction is proper in the Court of Newton County, Missouri in that the Respondent Jennifer Martucci resident of Newton County and Relator is a resident of Newton County.
STATEMENT OF FACTS
9. In the April, 2015 election, voters elected Lane Roberts to the Joplin Board of Education (hereinafter “the Board”). Mr. Roberts resigned his position before taking the oath of office, thereby creating a vacancy to the seven member board.
10. The Board accepted applications from persons interested in being appointed to the vacant seat created by Mr. Roberts’ resignation. Mr. Jim Kimbrough (“Kimbrough”) was one of several applicants.
11. The Board thereafter held an open meeting on May 12, 2015, where it interviewed the applicants. All six of the remaining board members attended the May 12th meeting and participated in the interview process. Following the interviews, the Board entertained various motions to fill the vacancy, but none of the potential applicants garnered a majority vote of the members in attendance. Therefore, the matter was tabled until the next meeting.
12. The next meeting was held on May 26, 2015. Six of the remaining board members were present for the closed session of that meeting. The vacancy was not discussed during closed session. When it came time for the open session of the meeting where the Board would once again entertain motions to fill the vacancy from the pool of applicants, board member Randy Steele resigned his positon on the Board. Steele then absented himself from the open session and, thus, did not participate in the vote to fill the vacancy. Consequently, only five of the remaining Board members participated in the voting to fill the vacancy.
13. During the voting that ensued, a motion was made and seconded to fill the vacancy with Kimbrough. That motion received affirmative votes from three of the five Board members. Thinking that the motion needed four affirmative votes, Board President Jeff Koch declared that the motion did not pass. The matter was again tabled.
13. After researching the applicable law, Koch discovered that the motion to appoint Kimbrough to the vacancy had actually passed with the 3-2 vote.
14. On June 9, 2015, after consulting with and receiving agreement from fellow Board members Martucci and Fort, Koch instructed Board secretary Pat Waldo to administer the oath of office to Kimbrough as per her duties as secretary. When Kimbrough went to Pat Waldo’s office as instructed, she refused to administer the oath of office as directed. Pat Waldo continues to refuse to administer the oath of office to date.
15. A writ of mandamus is appropriate to compel an administrative officer to perform a ministerial act. RSMo. § 536.150; State ex rel. Schaefer v. Cleveland, 847 S.W.2d 867, 870 (Mo.App. E.D. 1992).
RELIEF REQUESTED
16. Relator prays that the Court entered a preliminary and permanent Writ of Mandamus requiring Respondent to:
a. correct the minutes for the Joplin Board of Education Meeting for May 26, 2015, to reflect that the motion to appoint Mr. Jim Kimbrough to the vacancy on the Board passed by a three to two vote;
b. administer the oath of office reserved for board of education members to Mr. Jim Kimbrough;
c. provide Mr. Jim Kimbrough with a written copy of the oath of office for his signature;
d. sign as a witness to Mr. Kimbrough’s signature on the written oath of office, and
e. notarize Mr. Kimbrough signature to the written oath of office.
___________________________
STACY LYLE SALMON
Attorney pro se
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