Judge Rules Scotland County Hospital Purposefully Violated the Sunshine Law, Voids All Actions Taken During Secret Meetings
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This story has been updated to include comments from Dr. Randall Tobler and sections of Judge Roberts’ ruling.
By Echo Menges
Friday, Nov. 8 – In a decision issued Friday afternoon, First Circuit Presiding Judge Rick Roberts ruled the Scotland County Hospital Board of Directors violated the Missouri Sunshine Law during two secret meetings held on Aug. 15 and Aug. 16 in 2022.
Judge Roberts has voided all decisions and records made by the SCH BOD during the Aug. 15 and 16 secret meetings, opened an avenue for Plaintiff Dr. Randall Tobler to recoup his costs and attorney’s fees incurred in the lawsuit against the hospital, and fined the hospital $5,000.
In his decision, Judge Roberts issued a scathing review of the actions of SCH Board Chair Lori Fulk writing, “The Court finds her testimony as to her basis for closing the meetings on August 15 and 16 2022 are less than creditable. She claimed that she and the board were facing an immediate financial collapse so immediate that she felt the Hospital only had days if not hours left before it closed. While this type of testimony sounds good in court there must be an objective basis for this position presented in the evidence, which is totally missing here. While Ms. Fulk may have had questions about the hospital accounts her actions show a clear intent to remove political opposition for the August 15, 2022 meeting by her strategic choice of board members who were called for the August 15, 2022 meeting and more importantly those who were not called. Logic would dictate that in a financial crisis two persons who should be questioned are the board treasurer and the chief operating officer. However, these officers were omitted from notice of the meeting and it looks like any other board member who may have supported them were also omitted. The selection of the members to attend clearly demonstrates that the primary purpose of this meeting was not the alleged financial crisis but was to focus on how to remove certain officers from the organization. There was absolutely no evidence on why Ms. Fulk elected to have the meeting in the basement of her home, without an agenda and without a call to order in an area where she knew cars could be hidden.”
Judge Roberts added, “Ms. Fulk’s actions demonstrate a conscious design, intent or plan to violate the sunshine law with awareness of the probable consequences. Whatever her agenda was in August 2022 she knew she wanted to limit the persons informed of and who could participate in the meetings of August 15 and 16, 2022 and the only way to get what she wanted was by a gross violation of the Sunshine Law which is exactly what she did. The fact that nothing was taken from the Hospital by any of the Board members or by Dr.Tobler just turns the floodlights on this violation and illuminates it for what it is and for all to see.”
It is unclear what effect, if any, the ruling will have on the ousted hospital administrators’ employment status at SCH including former CEO Tobler, former CFO Michael Brandon, and former Human Resources Contractor Terri Schmitt.
Schmitt has a pending discrimination lawsuit against the hospital, Case No. 23SE-CC00022. A jury trial date is expected to be set for that case early next year.
“I appreciate Judge Roberts’ thoughtful careful and thorough decision,” Dr. Randall Tobler told The Edina Sentinel/Memphis Democrat, “It provides vindication from me and establishes accountability for the hospital’s illegal, knowing, and purposeful violations of the Sunshine Law. It’s not only a victory for me but as important for the people of Scotland County and the entire hospital service area. They deserve hosp leadership that can be trusted to provide the essential health care needs of the community. I’m glad the cloud of suspicion that came out of the allegations that arose during the illegal meeting that I and my family has had to live with for over two years–that cloud has finally been lifted.“
The Edina Sentinel/Memphis Democrat has submitted requests for comments to the SCH Board of Directors and Administrators. They did not immediately respond to the request.
Read the full decision here: Judgment_FINAL
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