MSBA Responds to AG Schmitt's Lawsuit

The Missouri School Boards Association (MSBA) called a lawsuit filed by Missouri Attorney General Eric Schmitt a "political stunt," when asked by Howell County News to comment. Last week during Sunshine Law Week, AG Schmitt announced a lawsuit against MSBA for "alleged violations of the Sunshine Law."

"MSBA was disappointed to learn by social media that another frivolous lawsuit has been filed by candidate Eric Schmitt, this one targeting our organization. MSBA is a not-for-profit organization that supports school boards in their efforts to ensure students succeed and, in doing so, following the law. This lawsuit is a political stunt by candidate Schmitt and, as citizens of Missouri, it's discouraging to see his state office being turned into an extension of his campaign" said Melissa Randol, executive director, Missouri School Boards' Association in a statement to Howell County News. 

"In October 2021, the Missouri Attorney General's Office submitted a Sunshine Law request to the MSBA to get public information to understand MSBA's role in the October 4, 2021 memo from the National School Boards Association that called on the federal government to investigate parents as 'domestic terrorists,'" reads the release from the AG's Office.

The lawsuit states, "Upon information and belief, MSBA was aware weeks in advance of the NSBA's plans to send a letter to President Biden. Upon information and belief, MSBA initially agreed with NSBA's letter. MSBA retweeted NSBA's announcement that it asked the Biden Administration for 'federal assistance.'"

MSBA's position is that the lawsuit is both frivolous and unorthodox. AG Schmitt's release argued "that the MSBA is subject to the Sunshine Law because: MSBA is a quasi-public governmental body under the Sunshine Law, and [among other reasons, MSBA's] corporate structure satisfies the definition of a quasi-public governmental body."

"In the history of the Attorney General's office, no Attorney General has ever sued a not-for-profit entity for violating the Sunshine Law. And a review of the lawsuit shows it is not the result of any complaint or important governmental policy, but rather to advance a particular political agenda. Not-for-profit entities everywhere should be terrified. This lawsuit is simply inappropriate," said Chuck Hatfield, an attorney representing MSBA in a statement to Howell County News.