A motion to dismiss has been filed for some defendants listed in a lawsuit by Nixa’s first and only female firefighter.

Heidi Sleper, Dana Osborne’s attorney says the motion was filed by lawyers for the Board of Directors for the Nixa Fire Protection District, Adam Neff, and Will McGehee.

Sleper says the Board of Directors is arguing they are not Osborne’s employer, but Sleper says the board is a necessary part to Osborne’s claims.

On the Nixa Fire Protection District’s website, there is a link to a .pdf file of policies, last updated in 2016, and in one of the first pages, it says, “The District is governed by a five member board, elected by the constituents of the District, for the purpose of providing protection to the property within the District, and on its behalf, the Board shall have the powers, authority, and privileges as outlined by RSMO Chapter 321.”

You can read the .pdf file for Nixa Fire policies here.

Sleper says according to RSMO Chapter 321.220, the Board of Directors can enter into contracts and agreements on behalf of the Fire Protection District. The Board can hire and retain employees for the district, provide benefits to District employees, and can sue or be sued.

A response by the defendants attorneys says ‘simply being a body that governs the District per statute does not make the board an employer.

Sleper says the motion to dismiss on behalf of defendants Neff and McGehee were filed because they believe there are not enough allegations to make a claim against them.

The response by the defendant’s attorneys say Neff and McGehee must be dismissed from the suit.

You can read the defendant’s response here.

Dana Osborne and her attorney filed the lawsuit in February, citing what they say were multiple instances of sexual harassment, from making remarks about her body, or watching pornography in front of her.

Sleper says if the motion if granted, would likely give attorneys a chance to file amend allegations.

Sleper also says the motion is a procedural step to clarify allegations but, the lawsuit would move forward.

Other defendants listed in the suit include the Nixa Fire Protection District, Lloyd Walles, and Garrick Zoeller.

A private mediation is scheduled for June 11.

You can read the response in its entirety from Sleper here.

KTTS News has reached out to an attorney for the board, Neff and McGehee, and was told no comment would be made.