The original petition was filed on August 17, 2022 with 57 pages outlining 5 counts.
The court filing can be found HERE.
Count I: Missouri Sunshine Law
Count II: Equal Access and Authority for ALL Directors
Count III: Financial Management
Count IV: Removal of Directors
Count V: Special Master
An amended petition was filed on December 12, 2022 with 80 pages outlining 5 counts. The defendants continue to flout the law and thus the violations have continued.
The court filing can be found HERE.
Count I: Missouri Sunshine Law
Count II: Equal Access and Authority for ALL Directors
Count III: Financial Management
Count IV: Equitable and Injunctive Relief Regarding District Operation
Count V: Declaratory Judgement Regarding Board Composition and Terms
January 20, 2023- A motion to Compel and Sanctions was filed.
This was filed as the defendants have failed to turn over discovery requests made on October 18th, 2022 and have failed to turn over documents.
January 23, 2023- A motion for Partial Summary Judgement was filed.
This motion is to address 2 illegal meetings held by the defendants.
The trial started on March 1 and March 2, 2023. We will be back in court to finish tentatively scheduled for May 23rd, 2023.
A Fire and EMS Expert, Battalion and Fire Chief Steven Shaumeyer provided testimony about his assessment of the operations, staffing and current state of the Western Cass Fire Protection District. You can view the report and his Bio/CV HERE.
The four topics of concern that this report covers are:
• The need to stabilize the governance of the board of directors.
• The current operational status of the district as showing problems with consistent and competent service delivery.
• Issues regarding the current status of capital and consumable assets within the WCFPD.
• Issues regarding the current and projected status of the district’s budget for personnel and other expenses.
The defendants like to talk about how 100% of the calls have been answered, however, the issue remains that the our district lacks qualified personnel who have the skills, knowledge and abilities that are responding to these calls. The fact remains that the citizens of Western Cass Fire Protection District remain without mutual aid from Belton, Dolan W. Dolan or W. Peculiar since October 23, 2022.
The Belton City Council approved a Fire Services Agreement on February 14, 2023- watch HERE for the presentation. Then, at the next City Council meeting on February 28, 2023, Belton Fire Chief Sapp announced that "they" weren't interested in the fire services agreement offered to Western Cass FPD. The question is who is "they" because the board never had the opportunity to review the agreement, much less approve/ reject it. You can listen to Chief Sapp's presentation HERE.
The trial resumed May 23rd through May 27th, 2023
The defendants filed a last minute request to postpone the trial once again, citing reasons that the Secretary Chris Johnson had physical therapy rehab appointments scheduled and Stephanie Toliver did not have childcare for her children. Judge Wagner denied the request and the trial resumed.
The first day was cut short due to a criminal case that took precedence and the last day was also limited to a half day. There was not enough time to complete the trial and is now tentatively set for June 13, 2023. Click HERE for recent news coverage on the trial.
The trial resumed June 13th through June 14th, 2023
The defendants filed a motion for judgement June 12th. Judge Wagner announced on June 13th that he would take it
under consideration and the trial resumed. The plaintiff's entered the depositions into evidence and they rested. The defendants started presenting their case. Marty Hardman, Sue Hosterman and John Johnson testified.
On Tuesday, June 14th, Judge Wagner announced at the start of the day that he had considered the defendants motion for judgement and ultimately decided that he could not over ride the will of the people. The matter of clarifying the board terms was to be stipulated by both parties and would presented for final judgement.
