Bench Trial Scheduled in Tobler vs. Scotland County Hospital Sunshine Law Violation Lawsuit

 Request to Bring Cameras Into the Courtroom Filed Last Week 

 By Echo Menges 

Northeast Missouri – Aug. 23, 2024 – The Missouri Sunshine Law will take center stage at an upcoming bench trial set to be held in Scotland County next month. 

The lawsuit, brought by Dr. Randall Tobler against Scotland County Hospital (case No. 23SE-CC00015 – RANDALL TOBLER, MD V SCOTLAND COUNTY MEMORIAL ET AL), will be heard before First Circuit Presiding Judge Rick Roberts at the Scotland County Courthouse on Monday, Sept. 23, 2024. 

On Aug. 7, Judge Roberts denied the hospital’s motion to dismiss the case, rejecting the argument that the SCH board of directors acted “in the spirit” of the Missouri Sunshine Law (Chapter 610 of the Missouri Revised Statutes) when holding a series of secret meetings. 

After hearing arguments from both sides, Judge Roberts denied the hospital’s recent motion to dismiss the case. 

“The matter is scheduled for trial in September,” Judge Roberts informed opposing counsel at the latest motion hearing after denying the motion to dismiss. 

The lawsuit was filed in March 2023, seven months after Tobler was dismissed from his role as hospital CEO following a series of closed meetings of the Scotland County Hospital District Board of Directors on Aug. 15, 16, and 18, 2022. 

Those meetings were followed by a series of contentious public meetings, leading to Tobler filing the lawsuit alleging Sunshine Law violations and defamatory claims against the hospital and Achim Hoyal. 

The original lawsuit petition included numerous allegations by Tobler of Missouri Sunshine Law violations by the hospital board, as well as claims of slander, defamation, civil conspiracy, and tortious interference with his business expectancy by the hospital and Hoyal. 

A series of motions have narrowed the case, leaving only the Sunshine Law violation allegations against the hospital board, which will be heard and decided solely by Judge Roberts. A jury will not be seated for the bench trial. 

Hoyal has since been released from the lawsuit and will not be required to participate as a defendant in the upcoming bench trial, as he was not named in the Sunshine Law violation section of the lawsuit. 

Hoyal, who was present at the Aug. 15, 2022, secret meeting, became an SCH employee on Aug. 25, 2022, and remained with the hospital until June 12, 2024. His titles included consultant, interim CFO, and EHR project manager in 2022. In 2023, his title changed to EHR implementation supervisor. According to information provided by SCH CEO Meagan Weber following a Sunshine Law request, his final day as a hospital employee was June 12, 2024. 

Over the course of his employment at the hospital, Hoyal was among the highest-paid staff, collecting $381,620.84 over roughly 22 months. 

The reason for Hoyal’s departure was not provided by the hospital administration. 

It is not known whether the former employee will be required to testify during the upcoming bench trial. 

As a quasi-governmental entity, Scotland County Hospital falls under Missouri Sunshine Law requirements, given its publicly elected board of directors and partial reliance on Scotland County tax collections. 

The Edina Sentinel/ NEMOnews Media Group has filed two requests with the court asking for permission to bring cameras into the courtroom to document the public bench trial. These requests were filed on Aug. 21 and 22. 

Counsel on both sides of the lawsuit have until Sept. 3 at 4 p.m. to file any objections to the request. Judge Roberts has scheduled a hearing to address the request to bring cameras into the courtroom on Sept. 4 at 9 a.m.