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Judge Rules Scotland County Hospital Purposefully Violated the Sunshine Law

Voids All Actions Taken During Secret Meetings.

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Friday, Nov. 8 – In a decision issued Friday afternoon, First Circuit Presiding Judge Rick Roberts ruled that the Scotland County Hospital Board of Directors (SCH BOD) violated the Missouri Sunshine Law by holding two secret meetings on Aug. 15 and 16, 2022.
Judge Roberts voided all decisions and records from those meetings, opened a path for Plaintiff Dr. Randall Tobler to recover his costs and attorney’s fees in the case, and fined the hospital $5,000.
In his decision, Judge Roberts issued a sharp critique of SCH Board Chair Lori Fulk’s actions, writing, “The Court finds her testimony as to her basis for closing the meetings on August 15 and 16, 2022, is less than credible. 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, before it would close. While this type of testimony sounds compelling 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 was 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 explaining why Ms. Fulk chose to hold 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 further stated, “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 people informed of and able to participate in the meetings of August 15 and 16, 2022, and the only way to get what she wanted was through 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.”
The ruling leaves unclear the potential effects on the employment status of ousted hospital administrators, 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, with a jury trial date expected early next year.
“I appreciate Judge Roberts’ thoughtful, careful, and thorough decision,” Dr. Randall Tobler told The Edina Sentinel/Memphis Democrat. “It provides vindication for 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 just as importantly, for the people of Scotland County and the entire hospital service area. They deserve hospital leadership they can trust to provide the essential health care needs of the community. I’m glad that the cloud of suspicion my family and I have lived under for over two years—arising from the allegations during that illegal meeting—has finally been lifted.”
The Edina Sentinel/Memphis Democrat has submitted requests for comment to the SCH Board of Directors and Administrators, who did not immediately respond.
Editor’s Note: CEO Meagan Weber issued a statement to the Missouri Independent on Sunday. She is quoted in the Independent’s coverage saying, “The board continues to still feel strongly that the hospital did not knowingly or purposefully violate the Sunshine Law, and are examining our options with regards to any appeal.”

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This article was originally published Nov. 13, 2024, in the Edina Sentinel. Missouri Press News believes that by sharing reporting on the Sunshine Law, all Association members will be better aware of issues related to Missouri’s open records statutes affecting their own local communities.