Basye gives deadline for CPS response, lawsuit could follow Wednesday
Editor's note: This story has been updated to say Basye could file a lawsuit on Wednesday.
COLUMBIA, Mo. (KMIZ)
A potential lawsuit against Columbia Public Schools now has a countdown.
Former Missouri State Rep. Chuck Basye told ABC 17 News that he plans to file a lawsuit against the district as soon as Wednesday if his name is not added to the April 4 school board election ballot.
A sample ballot -- which passed unanimously at Monday night's school board meeting -- included listed seven candidates. Basye was not one of them.
- Christopher Horn (incumbent -- Columbia School Board Vice President)
- Paul Harper
- John T. Potter
- Dean Peter Klempke Jr.
- James Edward Gordon
- John Lyman
- April Ferrao
"We are intending to file a lawsuit in Circuit Court, hopefully Wednesday, and I'm prepared to take this all the way," Basye said. "I think they're violating my rights to file for an elected position. And I'm going to push it all the way. It's going to cost a lot of money, but I'm going to spend it."
Basye was denied the candidacy to run for one of the open school board positions last month. The school board said he did not make an appointment earlier in the week to file for candidacy on Dec. 27, the last day to file.
Previously listed on the Board of Education’s website, the candidate filling procedures: Candidate filing opened at 8 a.m. Dec. 6, 2022, Candidate filing closed at 5 p.m. Dec. 27, 2022. Additionally, fillings will not occur during the following holidays and breaks, which includes Dec. 23-26, 2022.
The website added that any candidates intending to file on the last day needed to make an appointment by 4 p.m. Dec. 22. But Basye said he was made aware too late to meet the deadline and was originally told by the superintendent, Dr. Brian Yearwood, that he would be able to file anytime that afternoon.
Yearwood then called to apologize that day, Basye said, adding that the policy for filing was in effect before his arrival.
Jan. 3, the Law Firm of Haden and Colbert sent a letter to the secretary of the board, Noel McDonald on behalf of Basye. Written in the letter, Basye plans to take legal action and file a lawsuit against CPS if he is not added to the ballot by Jan. 10.
“This letter is therefore sent as demand,” Basye's attorney, Brent Haden, wrote in the letter. “That the district immediately arrange to accept Mr. Basye’s registration as a candidate for the school board and certify his candidacy.”
The letter claimed the lack of availability to allow Basye to file is in violation of Missouri state law and quotes section 115.127.5 of the Revised Statues of Missouri, stating: “if the closing date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the closing filing date shall be 5:00 p.m., the fourteenth Tuesday prior to the election.”
"I think the school district, I'm not trying to sound cocky, I think they are afraid of me getting into the candidate platform," Basye said. "Because they know that I know things and they're just afraid of what they might have to explain if I can get in front of the public and show this stuff that's going on."
In a written statement, CPS spokesperson Michelle Baumstark previously said the district's policy and filing procedures were publicly posted on its websites and buildings.
"Office holiday hours and filing information is posted on the front doors of the Aslin Building, advertised and posted publicly on our website," Baumstark wrote Dec. 8. "Filing was available by appointment and appointments were to be made by Dec. 22. Mr. Basye did not schedule an appointment."
