Legality of VCAD vote questioned

Vernon County Ambulance District Medic 1 responds to a motor vehicle accident on Feb. 16. Gabe Franklin/Daily Mail

Nevada Daily Mail

The legality of a vote by the Vernon County Ambulance District Board of Directors to fill an open board seat has been questioned as not being in compliance with the state's Sunshine Law.

According to the state attorney general's website, "Missouri's Sunshine Law is the embodiment of Missouri's commitment to openness in government. Chapter 610 of the Revised Statutes of Missouri is the foundation of what has become known as Missouri's Sunshine Law."

The statute, section 610.015 labeled "votes, how taken," states, "Except as provided in section 610.021 (closed meetings and closed records), rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each 'yea' and 'nay' vote, or abstinence if not voting, to the name of the individual member of the public governmental body... All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication."

At the January meeting, the ambulance district board voted to fill the seat recently vacated by Nancy Jeffries when she moved outside her district. Coeta Smith was selected over Bill Gillette, by the board on a 3-2 vote by secret ballot while the board was in open session.

According to Jean Maneke of The Maneke Law Group, "There are only two kinds of votes discussed in the sunshine law: votes in open meetings where those attending can see who voted how, and 'roll call votes' where the law requires the vote be attributed to the member.

"There is no provision in the law permitting 'secret ballot' in any kind of a public body meeting. It is hardly a 'public' vote under those circumstances."

Maneke, whose firm has more than 25 years experience in the area of media law and access to public information, according to the firm's website, is counsel to the Missouri Press Association.

At the January meeting, the VCAD board first considered how to vote to fill the vacant board seat. The board voted to use secret ballots to vote on the two candidates.

According to board president Mark Humphreys, the ballots only contained the candidate's name, and no record was made of the vote cast by individual board members.

VCAD board member Chris Mason said he spoke with County Clerk Mike Beuhler prior to the last board meeting, and in Mason's email to board president Mark Humphrey, conveyed Beuhler's suggestions.

"His recommendation was have a motion/second and approved vote for anonymous paper ballot.

"All five members cast a ballot for one of the two parties, and have the chairman count them. The winner can then be named to the position without a separate motion," was the recommendation said Humphrey.

"Minutes would only need to show the above motion, approval and vote results. Roll call vote not needed unless we want one. "Eliminates awkwardness of who makes motions first and multiple votes."

Beuhler said that he told the board of directors that they could use a secret ballot to fill the vacancy. He said his greatest concern was that they understood the law. Beuhler referenced RSMO 190.052 which is titled, "Board member must live in his district -- vacancies, how filled."

If the board had not appointed a qualified person to fill the vacancy within 60 days, the county commission, upon notification by the board, would have 10 days to appoint a qualified person to fill the position, Beuhler said.

Kendall Vickers, who has represented VCAD for 20 years in legal matters, said he didn't think that any violation of the RSMO 610 open meeting law would invalidate the board's vote to appoint Smith to the open seat.

Vickers said he is not required by the terms of his retainer to be at every VCAD meeting, and that he generally only attends when invited. He does at times give VCAD legal counsel outside of the meetings.

Vickers said he differed from Maneke's interpretation of the legal requirements; saying in his opinion, there is no difference between a voice vote and the use of a secret ballot. Vickers added that checking with the county clerk wasn't the correct avenue for legal guidance regarding the Sunshine law.