Greitens' staff met with board members before education official's firing, appointee says

Senior aides to Gov. Eric Greitens met with members of the state education board prior to the December firing of Education Commissioner Margie Vandeven, one of the governor's appointees revealed in a recent deposition.

Greitens' director of boards and commissions met with at least one Missouri State Board of Education member prior to the votes to oust Vandeven on Nov. 21 and Dec. 1, according to board member Eddy Justice's remarks in a videotaped deposition for a Springfield schoolteacher's lawsuit against the board.

The lawsuit, filed by attorney Duane Martin on behalf of Springfield English teacher Laurie Sullivan, has been revised in light of Justice's deposition to reflect new information that could potentially lead to the voiding of Vandeven's firing.

The board deadlocked 4-4 in November before firing Vandeven 5-3 in December in closed meetings to discuss and decide personnel matters, according to previous News-Leader reporting. Greitens appointed numerous board members to achieve Vandeven's firing, though his recent withdrawal and reappointment of several has essentially paralyzed the board.

The purpose of the talks with Scott Turk, Greitens' director of boards and commissions, was to discuss "procedure" for the meetings on the following days, Justice said in the deposition.

Justice said he, Turk, and new board member Jennifer Edwards met in person at a Jefferson City hotel the night before the November meeting, when a tie vote allowed Vandeven keep her job a little while longer. (Greitens' office announced Edwards' appointment the next day.)

Asked who set up the meeting, Justice said he did not know and that he was asked to be there.

The night before the December meeting, Turk joined Justice and Nick Maddux, as well as new board members Edwards and Marvin "Sonny" Jungmeyer, Justice said, adding that an attorney from the governor's office also was present.

Maddux, Greitens' deputy chief of staff, was one of the senior officials who communicated with Vandeven prior to her firing, and former board member Missy Gelner has told the News-Leader that Maddux called her in August to request that she vote to fire Vandeven.

Justice also discussed matters inside the Dec. 1 closed meeting, during which he recalled board president Charlie Shields saying Sumners and Missy Gelner, yet another board member who has since been replaced, would be allowed to attend, but that only Edwards had voting rights.

The lawsuit outlines six Sunshine Law complaints — three for each meeting — alleging unlawfully closing meetings, closed discussions that should have been held in open session, and improperly recorded closed-meeting minutes.

Martin, the attorney for the plaintiff, noted that Justice's description of the board's discussion of which southwest Missouri member appointee would be allowed to vote allegedly violated the Sunshine Law because it was should have been held in open session — and despite Martin's notice to the board that if they did so, they would be violating the law.

"You can't do that," Martin said. "The Sunshine Law prohibits that."

Justice also testified about "a number of unrelated topics" the board discussed Dec. 1, the lawsuit said, including "a threat to obstruct the State Board in the future if the motion to remove the Commissioner prevailed," questions about dyslexia in students, fourth-grade reading proficiency and "the culture within (the Department of Elementary and Secondary Education)."

The Sunshine Law could allow a Missouri court to void Vandeven's firing, Martin said, "based on the fact that she was removed in part of an illegal act."

Asked about his deposition by the News-Leader, Justice declined to comment on the advice of legal counsel beyond referring to the statements in his deposition "because I told the truth, and I think I'll let them stand on their own merit."

Parker Briden, Greitens' press secretary, did not acknowledge multiple inquiries about why Turk and Maddux met with board members before Vandeven was fired.

Edwards did not immediately respond to requests for comment. Jungmeyer could not be reached for comment.

The top Republican in the Senate told reporters Thursday that contrary to previous indications, he planned to schedule a hearing in March for the five Greitens appointees who voted to fire Vandeven — even though multiple senators have said they will filibuster any of Greitens' current recess appointments to the education board.

"And I suspect they'll be killed," said Sen. Ron Richard, R-Joplin, acknowledging that the current appointees would likely not be confirmed by the Senate. "Already been told they'll be killed, but I'm gonna let that happen. If the senators change their minds, fine. If they don't, (Greitens' appointees) will be banned for life. I've tried to keep that from happening."

Richard said that while he wanted to give the appointees a chance, he would prefer Greitens appoint different board members to replace the controversial five.

"I've asked for a new panel, and haven't been lucky with that," he said.