School board meeting gets heated over discussion on leg amputation case

As promised, Frank Myers tried to block his fellow Muscogee County School Board members from going into closed session Thursday evening to discuss a legal matter. As expected, the District 8 representative was outvoted.

The agenda and the officially stated purpose never specified the legal matter, but Myers made it clear the secret discussion would be about the threatened multimillion-dollar lawsuit on behalf of 13-year-old Montravious Thomas, whose lawyer says he was body-slammed five times by Muscogee County School District contracted specialist Bryant Mosley during a Sept. 12 incident in Edgewood Student Services Center, a Columbus alternative school. Montravious’ right leg was broken and then amputated below the knee Oct. 18, lawyer Renee Tucker has said.

Myers made a motion to table the motion to go into closed session. Then he started talking about the case.

Varner: “We’re not going to talk about that issue, Mr. Myers.”

Myers: “So, as a board member, I’m being told to not talk about an issue?”

Varner: “That’s correct.”

Myers: “I’m not going to agree to that. So I guess I’m out of order, right?”

Varner: “You are out of order. … If your motion, in any way, brings up an issue regarding a legal matter or a threatened legal action against this district, then you are continuing to be out of order, and you will not be allowed to say it.”

Myers: “I understand that there are certain parts about the legal matter that should not be discussed publicly. I’ve been a lawyer for …”

Varner: “No parts of the legal matter should be discussed publicly.”

Myers: “Well, I disagree.”

Varner: “You’re not the chair.”

Myers: “I’ve been a lawyer for 27 years, I guess, and the argument that you’re making to try to keep me, I guess, muzzled tonight, I don’t even want to get into that. I just would like to talk about the issue generally so I asked to put it on the agenda.”

Varner: “It’s not on the agenda, so you can’t discuss it.”

Myers again made a motion to table the motion to go into closed session. District 2 representative John Thomas seconded Myers’ motion.

Varner: “Is there any discussion?”

Myers: “Yes, there is. I’m not going to get into the touchy issue, the issue our legal counsel and I disagree on, but I am going to have my say one way or the other. There’s a lot of interest here in this situation. There’s got to be a balance of interest. I’m not in a million years suggesting that we can say anything in this room publicly about this young man’s protected rights, etc., as we would with any other student, but …”

Varner interrupted and told Myers the board won’t “discuss the topic or anywhere around or close to this particular subject.”

Myers: “So you’re just going to shut me down?”

Varner: “Yes, sir, I am. If you get anywhere close to the threatened litigation against this school district, then we are not going to discuss it publicly.”

Myers: “Well, I guess y’all can go into executive session.”

Varner: “You can go into executive session with us.”

Myers: “I understand. … I guess I’ll just meet with the media while y’all are in executive session.”

After further discussion, Myers said his motion is “for the purpose of letting some sunshine into the room and letting people know what’s going on and why we’re taking the rights of this young man who will never have his leg back.”

Myers’ motion to block the closed session failed 2-7, with only Thomas voting with him. The vote to go into closed session was 7-2, with the same breakdown.

Myers didn’t attend the closed session.

This story was originally published November 4, 2016 at 11:27 AM with the headline "School board meeting gets heated over discussion on leg amputation case."