Kansas City Star Co. v. Fulson

Citation859 S.W.2d 934
Decision Date17 August 1993
Docket NumberNo. WD,WD
Parties85 Ed. Law Rep. 332, 21 Media L. Rep. 2147 KANSAS CITY STAR COMPANY, Respondent, v. Sue FULSON, et al., Appellants. 45843.
CourtCourt of Appeal of Missouri (US)

Allan J. Hallquist, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for appellants.

Jonathan R. Haden, Lathrop & Norquist, Kansas City, for respondent.

Before BRECKENRIDGE, P.J., SHANGLER, Senior Judge, and SPINDEN, J.

BRECKENRIDGE, Presiding Judge.

The Kansas City Star Company (the Star) sued eight members of the Kansas City School Board (the Board) claiming they violated the Missouri Open Meetings Law, §§ 610.010 to 610.030, RSMo Cum.Supp.1992, 1 by attending a weekend workshop. Prior to the workshop, the Board had experienced difficulties functioning effectively as a decision-making body due to personality differences. The Board had received negative press coverage because of its disharmony. The purpose of the workshop was to improve interpersonal communications among the Board members. The trial court found a violation of the Open Meetings Law, fined the eight Board members and issued an injunction against future violations. Appellants raise four points on appeal arguing that the trial court erred in: 1) finding that appellants violated the Open Meetings Law because the workshop was not a "public meeting;" 2) holding that appellants' constitutional rights to free association, free speech and privacy were not violated; 3) holding that the workshop constituted a purposeful violation of the Missouri Open Meetings Law; and 4) entering a permanent injunction against the Board. 2 The judgment is reversed.

The Kansas City School Board consists of nine unpaid members who are elected to represent subdistricts within the School District of Kansas City, Missouri. This appeal concerns the following six members who were serving on the Kansas City School Board in May of 1989: Sue Fulson, Dr. Sandra Walker, William DeFoor, Jr., Paul B. Ballard, James P. Bonadonna and Dr. Julia H. Hill. Appellants and two other members of the Board, Fred Heine and Carl Struby, attended a two-day workshop on the weekend of May 6, 1989 at The Inn at Grand Glaize in Osage Beach, Missouri. 3 The workshop was funded entirely by the Civic Council of Greater Kansas City and conducted by Dr. Harvey Thomas, a psychologist.

While the workshop was still in the organizational phase, the Board sought legal advice from attorney Allan V. Hallquist to determine whether the proposed workshop would violate the Missouri Open Meetings Law. Hallquist advised the Board that the workshop would not violate the Open Meetings Law if the Board only discussed the improvement of interpersonal relations and communication skills. Hallquist also advised the Board that they could not discuss school business at the workshop. Hallquist was retained to attend the entire workshop to insure that the Open Meetings Law was not violated. The Board did not give public notice of the workshop.

On Friday evening, May 5, 1989, Board members Fulson, Walker, Hill, Heine and Bonadonna met Hallquist for dinner at the Inn at Grand Glaize. Board members Struby and Ballard arrived at the Inn later that evening. On Saturday, May 6, 1989, these seven Board members and Hallquist had breakfast together. After breakfast the Board convened in a room reserved for its activities. As Dr. Thomas began the workshop, Michael Mansur and Bill Dalton, both reporters for The Kansas City Star newspaper, entered the room to cover the meetings for the newspaper. Hallquist explained to Mansur and Dalton that the workshop was not a meeting open to the public. The reporters objected to their exclusion, but left as requested. After the reporters left the meeting room, Board member DeFoor arrived.

During the workshop, appellants participated in role-playing, examined their behavior as a group and discussed ways to improve the Board's communication and teamwork. On Saturday afternoon, the Board was given a sheet titled "Evidence of Interpersonal Competence" which listed tenets for constructive group interaction. The Board was to study the list and consider it in terms of their relationships with each other. The Board was then instructed to prioritize the items listed as to the most important in terms of being able to deal effectively with each other. A part of this process occurred while the Board members were divided into two consulting groups. The record does not reveal the identity of the Board members in each group.

On Sunday morning, the two groups met jointly to report the results of their discussions. Dr. Thomas' handwritten list entitled "Results and Recommendations" was compiled by combining the suggestions from each group as follows:

1. Agree to adopt and abide by Robert's Rules of Order.

* Have a workshop on same

* Ask Dr. Bowman to view a tape of one of our meetings.

2. Invest Carl with "Sergeant of Arms" powers.

3. One person speaks at a time, and to the Chair.

4. Say "thank you" at end of remarks.

5. Laugh (use humor) to lighten atmosphere.

6. Check automated system to speak in sequence.

7. Call "time out" when exchanges become personalized. Any member can call "time out."

8. Avoid public floggings--Try to correct in private.

When the first and second recommendations were raised, Hallquist interrupted to inform the Board that these were not appropriate matters to be discussed. Thereafter, the remaining items on the list were discussed.

The trial court found that the "Results and Recommendations" compiled at the workshop were similar to the "Board-Administration Operating Principles" submitted to the Board in August, 1989. The proposed Board-Administration Operating Principles were submitted to the Board for consideration at the suggestion of Superintendent Dr. George Garcia. The proposed Board-Administration Operating Principles, a seven-page document with a two-page addendum, did not include the adoption of Robert's Rules of Order or the appointment of a sergeant-at-arms. The record does not reveal whether the Board-Administration Operating Principles were ever acted upon by the Board.

On May 9, 1989, the Star filed a Petition for Declaratory Judgment, Injunctive Relief and Assessment of Civil Fines. After a one-day bench trial, the trial court found that appellants purposely violated the Missouri Open Meetings Law because the workshop was a "public meeting" under § 610.010(3). The trial court imposed a one dollar fine on the five Board members who testified in court and a three hundred dollar fine on the three Board members who did not testify. The trial court also issued a permanent injunction against the Board to prevent future violations of the Open Meetings Law.

On appeal of a court-tried case, the court will affirm the judgment of the trial court unless there is no substantial evidence to support it, it is against the weight of the evidence or the trial court erroneously declared or applied the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The evidence and all reasonable inferences therefrom are to be viewed in the light most favorable to the judgment. T.B.G. v. C.A.G., 772 S.W.2d 653, 654 (Mo. banc 1989). The appellate court will defer to the trial court's findings of fact because the trial court has a superior opportunity to judge the credibility of the witnesses. Brawley v. McNary, 811 S.W.2d 362, 365 (Mo. banc 1991).

In Point I, appellants claim the trial court erred in finding that they violated the Open Meetings Law by attending the workshop because the workshop was not a "public meeting" under § 610.010(3). Appellants claim that no "public business" was discussed and that the workshop was an informal gathering organized for the social purpose of encouraging better interpersonal relationships between the Board members. To support this argument, appellants point to evidence of their intention not to conduct any school board business during the workshop and evidence of the extensive precautions taken by the Board in order to insure compliance with the Open Meetings Law.

Section 610.027.2 provides that the Star, as the party seeking enforcement of the provisions of the Open Meetings Law, has the initial burden of persuasion. It must show that the Board is a governmental body subject to the provisions of §§ 610.010 to 610.030, and that the Board held a closed meeting. Section 610.027.2. There is no dispute that the Board is a "public governmental body" subject to the requirements of the Open Meetings Law. Appellants concede that the workshop was a gathering of a quorum of the Board which was not open to the public or representatives of the news media. Appellants further concede that no notice was given of the time, date and place of the meeting, nor reference to a statutory exception permitting the closure of the meeting, as required prior to closing a public meeting under § 610.022.2. Based upon these undisputed facts, the Star met its burden. The burden of persuasion then shifted to the appellants to prove compliance with the statutory requirements of the Open Meetings Law. Section 610.027.2

Prior case law has not addressed the application of the Open Meetings Law in the context of facts similar to those in the instant case. A fundamental objective of statutory interpretation is to ascertain the intent of the legislature from the language of the statute and, if possible, give effect to that intent. Brownstein v. Rhomberg-Haglin & Assoc., 824 S.W.2d 13, 15 (Mo. banc 1992). The language of the statute is to be given its plain and ordinary meaning. Id. It is presumed that all words utilized by the legislature have a separate and individual meaning. Battis v. Hofmann, 832 S.W.2d 937, 939 (Mo.App.1992). If the language of the statute is unambiguous, there is no basis for construction of the statute and the court must give effect to the statute as it is written. State ex rel. Mo. State Bd. v. Southworth, 704 S.W.2d 219, 224 (Mo....

To continue reading

Request your trial
22 cases
  • Associated Press v. Canterbury
    • United States
    • West Virginia Supreme Court
    • 12 Noviembre 2009
    ...of Information Comm'n, No. CV 91-0063707S, 1992 WL 209848, at *3 (Conn.Super.Ct. Aug.18, 1992). See also Kansas City Star Co. v. Fulson, 859 S.W.2d 934, 940 (Mo.Ct.App.1993) ("Public business encompasses those matters over which the public governmental body has supervision, control, jurisdi......
  • Spradlin v. City of Fulton
    • United States
    • Missouri Supreme Court
    • 22 Diciembre 1998
    ...871 S.W.2d 571 (Ark.1994); Lee McGuire 1900 Co. v. Inventive Indus., 566 S.W.2d 95 (Tex.Civ.App.1978); see also Kansas City Star Co. v. Fulson, 859 S.W.2d 934, 939 (Mo.App.1993); Kansas City Star Co. v. Shields, 771 S.W.2d 101, 104 (Mo.App.1989). Statutes imposing a penalty are intended to ......
  • White v. King
    • United States
    • Ohio Supreme Court
    • 3 Mayo 2016
    ...Freedom of Information Comm., Conn.Super.Ct. No. CV 91–0063707S, 1992 WL 209848, *3 (Aug. 18, 1992), and citing Kansas City Star Co. v. Fulson, 859 S.W.2d 934, 940 (Mo.App.1993) (“Public business encompasses those matters over which the public governmental body has supervision, control, jur......
  • Laut v. City of Arnold
    • United States
    • Missouri Supreme Court
    • 28 Junio 2016
    ...closed pursuant to this section ... for purposes of investigation of any civil claim....” Section 610.100.4.1 Kansas City Star Co. v. Fulson, 859 S.W.2d 934 (Mo.App.1993) (aggrieved party sought declaratory judgment and an injunction); Tribune Pub. Co. v. Curators of University of Missouri,......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT