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| Board Minutes of July 26, 2021 |
By Gretchen Garrity
Although the original complaint named board Secretary Janis Hagen as the plaintiff along with the “Christian County Library District,” that has since been amended to name only the Library District, which in essence, is the governing body—the Christian County Library Board of Trustees.
While officer elections are mandated in the bylaws for December, the bylaws do not specifically prohibit officer elections at other times of the year. Indeed, when occasional vacancies and July trustee appointments occur the Board has held elections then, as recently as 2023.
It makes sense that officer elections would also occur in July since the Christian County Commission appoints library board members each year at that time, or whenever a vacancy occurs.
However, the lawsuit revolves around the attempt to prevent the newly-elected board from assuming their positions.
BACKGROUND HISTORY
At the July 26, 2021 board meeting Secretary Janis Hagen was absent, and a board vacancy prompted an election of officers that included leaving the office of President vacant until December, and to have Trustee Hagen remain in her position as board secretary.
Listed under Old Business, a vice-president and treasurer were elected, as well as a member-at-large. The minutes read exactly as follows:
“Election of Board of Trustee Officer Positions for Remainder of 2021.”
Each of five positions is then noted, with accompanying explanation. The full slate of officers (as well as the member-at-large position) was listed to be elected, although the Board decided not to elect a president due to the board vacancy. Three positions were elected and one position remained the same.
At the July 25, 2023 Board meeting, a president, vice-president, and treasurer were elected. Hagen remained as secretary. The following December meeting was a reaffirmation of the same slate.
The board attorney, therefore, has sued the board for doing what it has already been doing for several years.
Why now?
At the September 24, 2024 board meeting, the board voted to amend the bylaws to specifically state that officer elections can occur at any time of the year, as warranted. The annual mandated election of officers will remain as well, but in July instead of December. This affirms what has already been occurring in the last few years.
Video below, scroll to about 54 minutes in for discussion of the bylaw changes.
THE MISSOURI SUNSHINE LAW
One other issue mentioned in the lawsuit is a purported violation of the Sunshine law. Because the August agenda called for a vice-president election, and not typically “officer elections,” the lawsuit claims the public was not properly notified. The Missouri Sunshine law states, “All public governmental bodies shall give notice of the time, date, and place of each meeting, and its tentative agenda, in a manner reasonably calculated to advise the public of the matters to be considered…”
Since officer shuffles often happen, even if only one officer is slated to be elected, the library staff member who wrote the agenda would have better served the public and the Board by using the term “officer elections.” The question then, was the public “reasonably” advised of a board election?
Incidentally, the library board has often elected members to the Member-at-Large position. However, that seems to have ended with the appointments of Diana Brazeale and Echo Schneider in 2023.
