Community members file lawsuit challenging SJSD board member’s right to serve public office

ST. JOSEPH, Mo. (KQTV) -- A group of community members have filed a lawsuit challenging a St. Joseph School District's Board of Education member's right to serve in public office.

According to court documents, five people filed the suit against SJSD board member Kim Miller on Friday, April 24.

The lawsuit is challenging Miller's right to serve on the board following a Missouri Constitution violation that occurred during the March 24 board meeting. During the meeting, Miller voted and approved a personnel report that included her son.

According to the Missouri Constitution, any public official or employee in Missouri that appoints or names any relative within the fourth degree has to forfeit their office or employment.

The lawsuit states that the community members want the court to "grant relators leave to file this petition in Quo Warranto, issue a judgement of ouster declaring that respondent Kim Miller forfeited her office as a member of the St. Joseph School Board effective March 24, 2026."

Court documents also show that the lawsuit requests that any vote, motion, or other official action taken by Miller at any board meeting occurring after March 24, 2026, is null and void and has no legal effect. The petitioners have also asked that Miller vacate her seat and refrain from any further participation in board activities.

The lawsuit was filed by SJSD teacher Dakota Allen, community member Sydney Pinion, the creator of the non-profit organization— Herzog-free SJSD— Cydney Puckett, SJSD parent Stacie Sanders, and current SJSD Board member LaTonya Williams.

KQ2 has reached out to Miller regarding the lawsuit and have not heard back as of 4:45 p.m. Friday, April 24.

Former board member Whitney Lanning took to social media following the March 24 to discuss the violation.

Later that week, Lanning filed an official Missouri Ethics Commission complaint against Miller.

Miller sent a letter to fellow board members on April 2 asking them to rescind the personnel vote taken during the March board meeting.

KQ2 also obtained Miller's letter through a sunshine request, where she said the request to rescind her vote is a "proactive measure to avoid any potential appearance of a conflict of interest, not an admission of a violation of law or board policy."

Miller added that she did not engage in deliberation, discussion or influence over her son's employment recommendation.

According to multiple sources, who wished to remain anonymous citing concern of retaliation, KQ2 has learned that Ed Counsel told board president LaTonya Williams in an email that "if the board member voted to hire her son, then that board member has forfeited her position as a board member under the Missouri Constitution and the cases interpreting it."

KQ2 submitted a sunshine request to SJSD for a chain of emails between Williams, Miller and the Ed Counsel, which was returned with redactions, including a question from Williams and a response from the Ed Counsel.

KQ2 was able to obtain an unredacted copy of a chain of emails between Miller and Williams from an anonymous source.

In the response, Ed Counsel said Miller's vote could not be rescinded to correct the error. The emailed response mentioned that even if the vote was not purposeful, the result is still the same because the law does not require specific intent.

The email also said that the board member cannot resign and then "be reappointed by the board to serve the remainder of her term under the board vacancy process."

Williams sent Ed Counsel's response to all board members on March 27, almost a week before Miller's request to her rescind her vote.

The next SJSD board meeting is at 5:30 p.m. on Monday, April 27 at the Troester Media Center.