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WPEC-TV CBS12 News :: News - Treasure Coast News - Martin County School Board fights Sunshine violation case

Martin County School Board fights Sunshine violation case

STUART, Fla. -- CBS 12 has the only cameras inside the courtroom as the Martin County superintendent of schools takes the stand in a case against the school board for possible violation of Sunshine Laws.

A specially-appointed judge for a case of three school board members alleged to have conspired on a vote by meeting without notifying the public. These are the accusations in a civil suit in a Martin County courtroom, just weeks before the contentious primary for school superintendent.

The evidenciary hearing recessed Tuesday night by Judge F Shield McManus, a specially appointed judge for this matter. Recessed here so the board members could attend their Martin School Board meeting down the road.

But witnesses did take the stand today to determine whether a visit by three school board members was in violation of the Sunshine Law. School Superintendent Nancy Kline did testify in court that matters discussed at a visit to the adult education center, did in fact come in front of the school board for a vote.

The lawsuit filed by Citizens for Sunshine, a non-profit advocacy group, claims elected school board members Sue Hershey, Doc Anderson, and Laurie Gaylord visited the adult education school May 16, after the issue of budget cuts was brought up to them at a May 15 meeting. The suit claims the three then went on a fact-finding mission speaking amongst themselves, without the public present to record their opinions or conversations.

Andrea Flynn Mogensen/Citizens for Sunshine: It would appear that decision was made at the breakfast meeting to do a fact finding mission. It would appear that the fact-finding mission ammounted to a meeting. And those are meetings the public had a right to attend, the right to notice, and the right to be there if they chose.

Dr. David Anderson/School Board Member Being Sued: I cant say nothing. That's why I have legal advisors. You know how that is. I wish I could.

Anderson as well as the other two boardmembers have denied any violation of Sunshine Law or any impropriety. They say they are allowed to visit schools as board members. The lawsuit returns to court for the continuation of the evidenciary hearing on July 27.

Gaylord named in the suit, is running against Superintendent Nancy Kline for the seat in the August primary. Neither wanted to comment on the case today as it is pending in court.

Lawyers for Citizens for Sunshine say if they win, they are seeking an injunction on any vote pertaining to that visit in question, and legal fees which could add up to tens of thousands of dollars.

Any violations, if they find any here, could also end up in criminal court. Martin County School Board fights Sunshine violation case

Tuesday, July 24 2012, 06:14 PM EDT

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