Plaintiff's file motion for judge's decision - KOAM TV 7

Plaintiff's file motion for judge's decision

Update:  In the lawsuit against the Joplin BOE, the attorney for the plaintiff's filed a motion to reconsider the judge's decision. Judge Hensley entered a judgement earlier this week that Jim Kimbrough should have been sworn in to BOE seat, but since he was never sworn in, and three seats were filled by the Jasper County Commissioners, therefore those were no longer vacant.

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A judge ruled today in lawsuit filed against the Jasper County commission.

     The ruling says appointments by the commission to the Joplin school board will stand, meaning a full board meets tonight.

Judge Stephen Carlton  denied a writ of mandamus to undo school board appointments.The ruling says the county commissioners acted appropriately in nominating and swearing in three new board members for the Joplin school district.

Judge Carlton cited Monday's ruling by Judge Joe Hensley in a similar case against the school board itself which said that even though Jim Kimbrough had enough votes, the board tabling the issue still resulted in three vacancies on the board.

Commissioner Jim Honey says, "We've always felt all  along the commission had a mandate to  do this. The prosecuting attorney represents us. I think he  laid it out good as to why we should. I think we went  about it in a very, professionally and very quick manner."

One of those appointed to the school board Sallie Beard says, she's glad have the rulings but was ready  and committed to serve no matter what.

Beard says, "I've never felt like I was not empowered to do that.  The ruling went in favor of my appointment standing. Had it gone the other way, I would have been at peace with that  as well."

Judge Carlton's ruling also said the commission did not violate the open meetings law.

Honey says, "We're here every day and we try to do what's right. I think we have a good county, good commission.  The sunshine law is a hard thing to do. We post everything we can but we have people come in  every minute, most every day, mostly mornings, we're all here. "

Board appointee Ron Gatz says he's glad its settled so the board can go about the business of appointing an interim superintendent.  And Beard agrees,"I think that gives us some clarity,  and we can begin to work in the business of educating our children."

     To  read the entire ruling click here.

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