We’ve covered Missouri Attorney General Eric Schmitt’s legal battles against governmental overreach and the Biden administration, as well as his interview with Jennifer Oliver O’Connell at CPAC.
On Tuesday, Schmitt opened up a new front in the fight, filing suit against the Missouri School Boards Association alleging that they violated Missouri’s Sunshine Law. The AG’s office initially filed a request in October of 2021, following the infamous National School Boards Association letter requesting the Biden administration’s involvement in protecting local school boards from domestic terrorists otherwise known as “parents.”
Initial impressions were that the MSBA approved of the NSBA’s letter. It retweeted the NSBA announcement about the letter. However, it tried to distance itself later. Petition claims that that MSBA removed that tweet. Further, the Petition alleges that the MSBA’s executive director initially signaled support for the letter then, following the initial Sunshine Law request from the AG’s office (on October 8, 2021), issued a statement publicly distancing itself from the letter.
In the Petition, the MSBA argues that it is subject to the Sunshine Law. Despite at least two requests directed to it from the AG’s office and one from a citizen, the MSBA has declined to respond.
Schmitt’s office issued a press release on the suit:
To kick-off Sunshine Week Eric Schmitt, Missouri Attorney General, filed suit today against Missouri School Boards Association over alleged Sunshine Law violations.
The Missouri Attorney General’s Office previously requested records from the Missouri School Boards Association (MSBA) related to their role in the October 4, 2021 memo from the Biden Administration and National School Boards Association that designated concerned parents who show up to school board meetings as “domestic terrorists” and called for FBI surveillance of those parents. Additionally, documents were requested by the Office regarding MSBA guidance about critical race theory, mask mandates and IEP meeting policies. The MSBA failed to respond to Sunshine Law requests from the Missouri Attorney General’s Office.
“Today, I filed a lawsuit against the Missouri School Boards Association for hiding public records – records that the public and particularly parents of children in Missouri’s schools have a right to see. For months, my Office has been fighting to get to the bottom of MSBA’s role in the letter to the Biden Administration that led to the federal government investigating concerned parents,” said Attorney General Schmitt. “Further, we’ve sought records related to IEP recording policies, Critical Race Theory, and MSBA’s guidance to school districts on mask mandates. At every turn, we’ve been stonewalled. On behalf of parents across the state, I’m filing this lawsuit to obtain public records about important issues that affect their children and children in Missouri schools across the state.”
The Attorney General’s Office argues that the MSBA is subject to the Sunshine Law because: MSBA is a quasi-public governmental body under the Sunshine Law, MSBA’s corporate structure satisfies the definition of a quasi-public governmental body, MSBA’s primary purpose satisfies the definition of a quasi-public governmental body, MSBA performs a public function and thus satisfies the definition of quasi-public governmental body, MSBA’s funding comes almost entirely from public funds, MSBA provides training required by Missouri law, and Missouri law empowers MSBA with important public functions.
In October 2021, the Missouri Attorney General’s Office submitted a Sunshine Law request to the MSBA to get public information to understand MSBA’s role in the October 4, 2021 memo from the National School Boards Association that called on the federal government to investigate parents as “domestic terrorists.” The lawsuit states, “Upon information and belief, MSBA was aware weeks in advance of the NSBA’s plans to send a letter to President Biden. Upon information and belief, MSBA initially agreed with NSBA’s letter. MSBA retweeted NSBA’s announcement that it asked the Biden Administration for ‘federal assistance.’”
The Attorney General’s Office also sought records related to MSBA’s guidance to schools on mask mandates, as well as the MSBA’s involvement in Critical Race Theory. According to the lawsuit, MSBA was listed as a client of “Educational Equity Consultants,” who provides “anti-racism” resources for schools such as publications from Ibram X. Kendi and the 1619 Project. On mask mandate guidance, the lawsuit states, “Upon information and belief, in the August 13, 2021 bulletin, MSBA labeled any parent or leader seeking to apply the new law [HB271] to school district mask mandates as ‘anti-public school forces looking for headlines.’”
In response to the Attorney General’s Office’s initial Sunshine Request relating to MSBA’s involvement with the National School Boards Association’s letter to the Biden Administration, counsel for MSBA stated that there were no responsive records, however, as the lawsuit alleges, there are very clearly responsive records for that request.
The lawsuit states that MSBA failed to respond to at least two Sunshine Law requests from the Attorney General’s Office as required by the Sunshine Law. The Attorney General’s Office also received a Sunshine Law complaint from a citizen alleging that MSBA had similarly not responded to their Sunshine Law request.
Lastly, the Attorney General’s Office alleges in the lawsuit that MSBA has failed to identify its custodian of records, a violation of the Sunshine Law.
This lawsuit asks for the Boone County Circuit Court’s judgment that MSBA must comply with the Sunshine Law.
Following the suit filing, however, the MSBA did respond, asserting that it first learned of the suit via social media and characterizing the suit as a “political stunt” by Schmitt, who is currently running for the US Senate. Per KOMU:
Melissa Randol, Executive Director of MSBA, stated that the board was informed about the suit via social media.
“MSBA is a not-for-profit organization that supports school boards in their efforts to ensure students succeed and, in doing so, following the law,” Randol said in an emailed statement. “This lawsuit is a political stunt by [U.S. Senate] candidate Schmitt and, as citizens of Missouri, it’s discouraging to see his state office being turned into an extension of his campaign.”
The MSBA’s attorney, Chuck Hatfield, also commented on the suit:
“In the history of the Attorney General office, no Attorney General has ever sued a not-for-profit entity for violating the sunshine law,” Hatfield said in the same email. “And a review of the lawsuit shows it is not the result of any complaint or important governmental policy, but rather to advance a particular political agenda. It is important to be scared for all non-profits. This lawsuit is simply inappropriate.”
AG Schmitt refutes the claim that the MSBA was informed of the lawsuit via social media.
MSBA did not learn about our lawsuit through “social media” – that’s simply untrue. Prior to making the lawsuit public we sent the MSBA a courtesy version of the lawsuit. https://t.co/i78TXNTMQ8
— Attorney General Eric Schmitt (@AGEricSchmitt) March 15, 2022
Petition filed in Boone County Missouri asking for a Court’s judgment
(a) declaring that MSBA violated § 610.023 by failing to appoint a custodian of records and by failing to identify its custodian when requested by the Attorney General’s Office;
(b) imposing $1,000 civil sanctions for any known violation of the Sunshine Law.
§ 610.027.3;(c) ordering $5,000 in civil penalties based on any purposeful violation of the Sunshine Law under § 610.027.4
No hearings are set yet, but we’ll continue to follow the story and provide updates as they become available.
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