SJSD blocks Sunshine request for board leadership email receipts with legal counsel following potential policy violations

ST. JOSEPH, Mo. (KQTV) — The St. Joseph School District denied a Sunshine Law request seeking email receipts between board leadership and the district’s legal counsel.

KQ2 submitted a Sunshine request this week seeking “any email correspondence between Ed Counsel, Ronda Chesney and Jacob McMillian between April 13, 2026, and April 27, 2026,” involving members of the Board of Education.

The district denied the request, stating the emails are “confidential communications of the District and its attorneys.”

The request stemmed from potential violations that occurred during the April 27 board meeting and sought to verify legal guidance provided to board President Ronda Chesney and Vice President Jacob McMillian regarding the handling of rescinding Kim Miller's March personnel report vote.

The Board of Education voted 4‑2 on Monday to allow Miller to rescind her vote on the March personnel report. Miller committed a Missouri Constitution violation when she made the motion to approve — and voted for — a personnel report that included her son.

During Monday night’s vote, board members Mike Moore and Cassandra Veale raised concerns that the action violated Robert’s Rules of Order and the board’s own policy.

Moore said the board’s action effectively nullified the entire approval of the March personnel report, not just Miller’s vote related to her son. He said that under Robert’s Rules of Order, rescinding a vote applies only when a board believes it made the wrong decision on an item.

“If we rescind this, we would be saying that we don’t approve that whole action,” Moore said during the meeting.

Veale said the board was violating its own policy by allowing the vote to be rescinded. She cited Policy BDDF‑2, which states that “members may change their votes up to the time the result of the vote is announced. Votes may not be changed after the result of the vote has been announced.”

McMillian said during the meeting that he and Chesney spoke with legal counsel about the matter and were advised the district and board would not face legal trouble for approving Miller’s request.

McMillian also said he would share emails from legal counsel with board members, but as of Friday morning, those emails had not been shared, according to a Facebook post by board member LaTonya Williams.

KQ2’s request was denied, with the district stating that even email receipts are closed records.

In its response to the initial request, the district wrote that it had “no open records responsive” to the request for emails between April 13 and April 27, 2026.

The district cited Section 610.021(1), RSMo., stating the records are closed because they relate to “legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys.”

When asked whether information such as existence of the communications, dates, times and recipients could be released, the district responded that Section 610.021(1), RSMo., allows closure of records “to the extent they relate to confidential or privileged communications.”

The district said all information within the emails relates to confidential communications and is therefore closed in its entirety.

The move to rescind Miller’s vote does not negate the Missouri Constitution violation.

During Monday’s meeting, McMillian said Miller had the right to “do the right thing” and face the consequences of her vote.

While the Missouri Ethics Commission’s investigation remains ongoing, the Missouri Constitution states that Miller forfeited her board seat by voting on a matter involving her son.

In March, the district’s legal counsel recommended Miller resign, but as of May 1, she remains on the board.

Miller’s violation is also cited in a 52-page lawsuit by We The People- 3 Schools Inc. against the school district and board, which challenges the district’s redistricting plan and alleges multiple Sunshine Law violations.