Judge confirms Sunshine violation

Monday afternoon, Judge John Jackson of the 10th Judicial Circuit ruled that the Marion County Health Department knowingly violated Missouri’s Sunshine Law three times by not posting notice of meetings on Feb. 13 and 20, 2006, and by holding a meeting on Feb. 20, 2006, that was not an open meeting.
The ruling comes as the result of a civil lawsuit filed by Jesse Heimer and Ken Disselhorst against the Board of Trustees of the Marion County Health Department and Home Health Agency. The time period encompasses when the health department board wrote a health regulation regarding CAFOs (concentrated animal feeding operations.) The health ordinance was written by the health department’s board of trustees to regulate CAFOs in the county. It was approved on Jan. 20, 2007. However, it never became effective, because its starting date was delayed more than once, then the health department board vote to rescind it.
Disselhorst and Heimer filed a petition with the court on Jan. 29, 2007, alleging the health department violated Chapter 610 of the Missouri Revised Statues regarding “Conduct of Public Business.”
The trial, which originally began in March 2008, faced several delays and finally concluded at the end of July, with Judge Jackson promising a timely decision.
Judge Jackson assessed a civil penalty in the amount of $1,000 for each violation, for a total civil penalty of $3,000. In addition, the court assessed $10,000 in attorney fees against the health department board.
Attorney Russell Kruse represented Disselhorst and Heimer. Attorney Randy Baker represented the defendants.
Members of the board of trustees named in the lawsuit (serving when it was filed) are Jeffrey Curl, Michael Tompkins, Corrine Fessenden, Larry Nichols and Catherine Hales. Also named are Joan Hynek, administrator of the health department; and Rex Pflantz, who is listed as an employee. Curl, Tompkins and Fessenden were replaced on the board in the April 2007 election, when Betty Anderson, Michelle Lehenbauer and Steve Disselhorst (Ken’s brother) were elected. Nichols resigned later, on the date the current board rescinded the health ordinance. This left only Hales as a current member of the board that is named in the lawsuit.
Steve Disselhorst declined to comment Monday evening on how the judgement will be paid. He deferred comment until after the board’s scheduled meeting at 6 p.m. today, Aug. 26, at 3105 Route W, Hannibal.