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ST. LOUIS RECORD

Wednesday, November 6, 2024

Attorney general warns school district not to intimidate board members

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Attorney General Andrew Bailey | Attorney General Andrew Bailey website

ST. LOUIS — Missouri Attorney General Andrew Bailey has sent a letter to the Wentzville School District ordering them to immediately halt any actions aimed at intimidating or punishing school board members who acted as whistleblowers to alleged unlawful conduct. 

The letter, directed to the district, asserts that despite a lawsuit previously filed against the Wentzville Board of Education for excluding parents from discussions regarding transgender student facilities access, the attorney general has received credible information indicating ongoing retaliatory measures against three whistleblower board members.

In his letter, Bailey refers to the lawsuit filed on Sept. 26, 2023, which aimed to address the exclusion of parents from critical policy discussions and he emphasizes the stance that "Missourians do not co-parent with the government," marking a clear line against government overreach into parental rights. Despite this legal action, Bailey asserts that the Wentzville School Board has been involved in intimidating and retaliatory behavior against the whistleblowers who brought attention to Open Meetings law violations.

"This is all designed to harass and intimidate brave men and women who voluntarily serve on these boards and put themselves out there in the public domain to do the right thing by children and parents," Bailey said. "Now they’re being intimidated because they wouldn’t go in lockstep with a radical transgender bathroom policy."

Bailey explicitly states that witness tampering and intimidation are illegal under Missouri law, citing Section 575.270, RSMo., which protects witnesses and prohibits actions that dissuade individuals from reporting complaints or testifying. He condemns the alleged actions of the Wentzville School Board as "ruthless and targeted intimidation" and asserts that such behavior undermines the rule of law, citizen engagement in local government, and parents' rights in education.

Bailey warns against potential plans, mentioned in the letter, to discipline or remove the three whistleblower board members during an upcoming board meeting. He cautions against weaponizing board policies for political purposes, highlighting that such actions not only conflict with democratic processes but may also violate Missouri's constitution and established case law.

"Make no mistake, witness tampering and intimidation is illegal," Bailey said in a statement. "Any attempt to silence a witness—to prevent or dissuade them from making a complaint or report— violates the law."

Bailey said he believes that the board’s and the district’s ruthless and targeted intimidation campaign is retaliatory in nature.

"It is repugnant to the rule of law, the cherished principle of citizen engagement in local government, and parents’ rights to participate in the education of their own children," Bailey said. "It must cease immediately."

Bailey reaffirmed his commitment to protecting the rights of all Missourians, especially elected school board members who expose government officials' misconduct.

Bailey pledged to use the full authority of his office to ensure that whistleblowers are shielded from retaliation and wrongdoers are held accountable. 

"As the chief legal officer for the State of Missouri, I will protect the rights of all Missourians, including the right of elected school board members to expose government officials who are abusing their authority in an attempt to hide government business from public view," Bailey said in the letter. "I am prepared to exercise my office’s full authority under the law to ensure that Missourians who blow the whistle on corruption are protected, and wrongdoers are held accountable.  Here, that may include, inter alia, taking certain steps to protect these witnesses in the Open Meetings Law case filed against the Board."

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