Missouri AG Eric Schmitt sues nonprofit school boards association, alleging Sunshine Law violations (original) (raw)

Attorney General Eric Schmitt sued the Missouri School Boards Association on Tuesday, accusing the organization of hiding records relating to its federal parent organization, its guidance to district on mask mandates and consultant contracts.

Schmitt, who has sued individual school districts under similar terms, argues that the association has violated Missouri's Sunshine Law by failing to respond to two requests and saying there were no relevant documents in response to a third.

"At every turn, we've been stonewalled," Schmitt said in a statement. "On behalf of parents across the state, I'm filing this lawsuit to obtain public records about important issues that affect their children and children in Missouri schools across the state."

Melissa Randol, executive director of the association, called the lawsuit "frivolous" in a statement, arguing Schmitt is using it to boost his candidacy for U.S. Senate.

"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," Randol said.

"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."

Schmitt sues SPS:AG alleges 'Sunshine Law violations' from district in critical race theory request

The AG argues the organization is subject to the Sunshine Law, which is used to request public records, documents and communications, because it "operates almost entirely with public tax dollars and carries out a public function." The lawsuit cites a 1988 attorney general opinion about the organization as justification.

Attorney Chuck Hatfield, representing the school board association, said "no attorney general has ever sued a not-for-profit entity for violating the Sunshine Law" and that "not-for-profit entities everywhere should be terrified."

An October request from Schmitt's office sought records related to the Missouri chapter's role in its parent organization's memo calling on the federal government to investigate parents who had made threats against school board members across the country, calling them acts of "domestic terrorism."

The Missouri chapter withdrew from the national organization shortly after that memo was released, saying it was "antithetical to our longstanding tradition of local control."

Other requests made by Schmitt's office were related to the organization's guidance on mask mandates, as well as its relation to a consultant group that provides "anti-racism" resources for schools.

This week's lawsuit is not Schmitt's first on the issue; last year, he sued Springfield Public Schools, alleging the state's largest public district had violated the Sunshine Law in how it responded to requests for training materials and curriculum surrounding race and equity. The district called the suit "an attempt to intimidate SPS" that "will not prevail."

On Tuesday, Schmitt sued Rockwood School District in St. Louis County on similar grounds.

Schmitt, who has made lawsuits against school districts, local jurisdictions and the federal government a key aspect of his time in the office, is running in a crowded Republican field to succeed U.S. Sen. Roy Blunt. His opponents include former Gov. Eric Greitens, U.S. Reps. Vicky Hartzler and Billy Long, Mark McCloskey and Senate President Pro Tem Dave Schatz.

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com, (573) 219-7440 or on Twitter @galenbacharier.