Former DeSoto Mayor Under Investigation for Assault

20 Sep

As I reported on Facebook and Twitter the other day, Rich McCane, the mayor of DeSoto who resigned on August 30 with a bizarre statement, is under investigation for assault of a city employee, according to a police report and several sources. I am choosing not to name the employee at this time. The case is being considered for prosecution.

According to the police report from the JeffCo sheriff’s office, the incident took place on the afternoon of August 23 on a parking lot on Vineland School Road in DeSoto. This is where the DeSoto school district central office and Vineland Elementary School are located.

Seven days later, McCane resigned. Here is the rather cryptic statement he issued:

“I have supported an environment of transparency and accountability because I believe that with that foundation, our newly hired leaders will have the best chance for success,” he said, also referring to the city’s recent hiring of Police Chief Jeff McCreary. “Unfortunately, that transparency and accountability has led to outside investigations which have upset some involved with government.

“During my tenure I have received mailings, threats and false allegations directed at me and my family, intended to intimidate me and undermine my reputation. Those things in combination with my workload have been a burden.”

In hindsight, perhaps we now know what the “outside investigation” is, as well as what he calls the “false allegations.” (As an aside, I would say that transparency is sorely lacking in the city, and that accountability is rather limited.)

A note of explanation: in DeSoto’s city manager style of government, the mayor is chosen by the city council from among its members. In such a system, the mayor has little power while the city manager has a great deal of authority to run the city. Conversely, the rest of the county’s cities have an elected mayor with more power and a city administrator with less power.

Family Ties

As always in JeffCo, there is a relevant family connection. McCane’s wife works for the county prosecutor’s office. Therefore, one would think that they would pass this case on to another county’s prosecutor. But we’ll see.

Many Departures

Here is a list of employees who have left DeSoto recently, either by firing or resignation:

  • City manager David Dews, fired
  • Police chief Rick Draper, who resigned, came back later as a detective, then left again
  • Police chief Joe Edwards, resigned after serving for about four months
  • Mayor Rich McCane
  • About six other police officers

 

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Local Lawyer and GOP Fixture Involved in Three Big Lawsuits

23 Aug

Derrick Good is a JeffCo lawyer with the Thurman law firm in Hillsboro and a fixture on the county GOP Central Committee, whose revenge play I wrote about recently. He is a friend of county executive Ken Waller, who appointed Good to seats on the Hillsboro school board and the county Port Authority. Good has donated $500 to Waller during the current election cycle, and the Leader in 2016 quoted Waller saying that Good was one of his campaign managers. Good is currently involved as an attorney in three major lawsuits that I would like to outline today.

Hillsboro Sand Mine

In April 2018, a proposal to build a sand mine near Hillsboro caused great alarm among area residents, who were concerned about the impact of the 259-acre project on the largely residential area. Opposition quickly mobilized, packing the county planning and zoning hearing on the project. The P&Z board voted 7-0 in June to recommend denial of rezoning for the project. At another packed meeting, the county council voted 6-0 to deny the proposal.

But now, the companies behind the sand mine are suing the county (case 18JE-CC00529, St. Peter Sand Company et al vs. JeffCo). The lawsuit is pursuant to the companies’ rights under Chapter 536 of state law, which allows for judicial review of decisions like this one. The companies can argue that the county’s denial of the project was arbitrary and not based on solid evidence. I wrote here about a lawsuit in which a man sued the county successfully, partially on Chapter 536 grounds, after his proposal to build a mini-storage and boat/RV storage facility was denied. The judge ordered the county to approve the zoning changes for the project. So the possibility exists that the sand mine could be approved by the judge and go forward despite huge public opposition.

Good is the sole attorney for the companies bringing this lawsuit. As I mentioned above, he serves on the county Port Authority, as president no less. The sand from this mine, intended for use in fracking as part of oil and gas drilling, would almost certainly be shipped through the port on its way to the oil and gas fields. I think that’s an interesting connection.

Multi-County Opioid Lawsuit

Jefferson County joined a lawsuit against 49 opioid manufacturers and distributors this month, along with nine other counties, accusing them of causing the opioid crisis and demanding money to pay for the costs of battling it (case 1822-CC10883, JeffCo et al vs. Purdue Pharma et al). The law firm leading the suit – Carey, Danis, and Lowe out of Clayton – says they approached Good about having JeffCo participate because they saw him in court one day and were impressed. I suspect, though, that they knew he had the right political connections.

So Good set up a meeting between Waller and the law firm, as Waller tells the Leader. Waller then decided on his own accord, without consulting the county council, that the county would join the lawsuit. Now Good stands to receive attorney fees if the lawsuit is successful. It is likely that lots of money will be handed over here, either by verdict or settlement, so Waller’s unilateral decision stands to be profitable for Good.

Politician Pay Lawsuit

I have written about this one extensively (case 16JE-CC00004, King vs JeffCo). Good was co-chairman of the charter committee that wrote the county charter and presented it to voters in 2008, ushering in our current form of government. But on the last day of 2015, Good filed a lawsuit against the county on behalf of former Democrat elected official Bruce King, saying that the charter was unclear and being interpreted incorrectly in a way that caused county elected officials to be underpaid and asking for that to be remedied retroactively. A few weeks later the plaintiff added another attorney, Kevin Roberts of the Roberts Wooten Zimmer firm in Hillsboro. The two are naturally seeking attorneys’ fees as part of the suit.

In a Leader article at the time, King says the suit was not his idea, and that he was recruited by Good and Roberts to be the named plaintiff.  A couple of weeks after the suit was filed, a flood of local officials, including Waller, joined the quest for additional salary and benefits. The suit could cost the county $1.2 million dollars in extra pay if successful.

While Waller and other elected officials have failed to coherently defend the lawsuit when confronted on camera by Fox 2’s Elliott Davis, Good has put forward at least a plausible defense of the lawsuit online. It is long, and you can read it here. An excerpt:

Despite discussions and attempts to reach a resolution, nothing happened. There is a simple question that needs an answer, what does the language mean. I as a Charter Commission member believe that the language was written as it is to make sure our officeholders did not take a pay cut, were paid at least what someone in an equivalent office in a first class non-charter county made. However, in order to keep salaries from running away we capped it at no greater than 10% more than the equivalent position. There was a desire to pay those positions well so that quality people would be attracted to running.

 

 

Leader Too Quick to Pat Own Back

19 Aug

In the August 9 Leader, Pat Martin wrote a column about how the much-maligned press saves taxpayers money, according to researchers. He then proceeded to pat the paper’s figurative back with a bold “you’re welcome.” But both generally and in the specific example cited in the study, I don’t think the paper is owed many thank-you cards.

I believe in the general result of the study, which says that local news outlets are needed to keep an eye on elected officials and let them know that they can’t get away with shenanigans. I am reminded of this paragraph from Pat Gauen in the Post-Dispatch:

When I started as a reporter at the old Collinsville Herald, many Metro East communities had local newspapers. Some of the best, like mine, held government accountable at the grass-roots level. My investigations included a questionable city bond issue, slacking street repair crews, deficiencies in the fire department, and Medicaid fraud at a local pharmacy.

The specific issue cited in the study was negotiated bond sales by local governmental entities, which cost the taxpayers more in interest than sales that are put up for a bid. However, as I wrote in 2013, all of the school districts in JeffCo were using negotiated bond sales, according to a state auditor’s report. So in this instance, having a local paper did not save taxpayers any money on bond issues.

In fact, it was local state representative and current House majority leader Rob Vescovo who put an end to this practice by passing legislation (as part of SB 111) in 2017 requiring cities and school districts to use competitive bidding on bond issues. So in this instance he is the one who deserves some thanks for saving us money.

Another item Martin mentions from the study is that areas without newspapers have higher government wages, the theory being that administrators will raise their pay if nobody is there to alert the public. But we had a newspaper when Dianne Critchlow was raking in $260,000 per year as head of the Fox school district, so it clearly didn’t harm her earning potential. I think the whole Critchlow scandal offers an example of the Leader showing up after the fact, after the whistle has already been blown, rather than doing any investigating that uncovered wrongdoing. And even when they did show up, the paper refused to ask hard questions about the Critchlow regime, instead printing puff pieces on departing assistant superintendents.

Another example of lax oversight, I think, is in the case of county executive Ken Waller. I have compared him several times to St. Louis County executive Steve Stenger, whose unethical, combative, vindictive behavior is covered extensively by the St. Louis media. If the big city media had more interest in JeffCo (they used to have a JeffCo beat writer at the Post-Dispatch; another casualty of declining revenues, I guess), I think Waller would receive a lot more negative press. But the Leader usually just writes down what he says. In a column purporting to trace the genesis of the Waller-council feud, the paper even forgot about the politician pay raise lawsuit, which is really where the relationship blew up. On the editorial side of things, the paper even endorsed Waller in his race for county clerk (will they do so in November, though?). As for the pay lawsuit, it has been Elliott Davis from Fox 2 who is putting the pressure on participating politicians. Occasionally, local issues do rise up enough to meet the interest of the STL media, fortunately.

In short, I appreciate the need for a local watchdog media, but I don’t think we have it here. I try to do what I can, but I am just one guy who does this on the side (though I appreciate your tips, and I have found that exposing wrongdoing begets even more tips). The Leader employs several reporters to do this work and has a much larger audience. One reporter, Nate Anton, did some great work uncovering Margie Sammons’ misconduct at Rock Ambulance (which I relied upon here), leading to her forced departure, but he was subsequently sent packing by the paper. When the Leader starts uncovering wrongdoing, rather than reacting to it, I will be first in line to offer pats on the back.

JeffCo GOP Establishment Goes 1 for 3 in Revenge Play

10 Aug

George and Janet Engelbach, who are Mr. and Mrs. GOP Establishment in the county (he dresses up like Lincoln at the national GOP convention), issued their usual set of endorsements for the August GOP primary. As longtime deans of the party machine, one would not expect them to advocate for the defeat of incumbent GOP officials. After all, Ronald Reagan’s famous 11th commandment was “Thou shalt not speak ill of any fellow Republican.” However, in three separate races this year, they did endorse challengers. This piqued my interest.

janet tweet 2018-1

(An irony is that they claim to endorse PROVEN LEADERS but they endorse abysmal leader Ken Waller. Another irony is that they claim to endorse TRUE REPUBLICANS but threw their support behind recent Democrat Ed Page for judge).

The three endorsements of challengers are in the middle column, in the offices of Circuit Clerk, Council District 1, and Council District 7. One would think that, for them to go so far as to recommend throwing the incumbent candidates (circuit clerk Mike Reuter and councilmen Don Bickowski and Jim Terry) out of office, there must be some good reason. Those candidates must have done something bad. But no, it comes down to mere revenge, as I found out in this Twitter exchange. Here’s the key tweet:

janet tweet 2018-3

The council person she refers to is George. Let’s review a little history:

A Little History

  • 2010 – Charles Groeteke wins the GOP nomination (unchallenged) and the general election to become the first county councilman for district 4 under the new charter.
  • 2012 – George Engelbach challenges Groeteke in the primary, beats him by 4 votes, goes on to become the new councilman.
  • 2016 – Groeteke returns to challenge Engelbach in the primary and beats him by almost 400 votes, goes on to regain the council seat, which he retains to this day.

Groeteke is part of the Jefferson County Pachyderms, a group that focuses on civic engagement and voter education. It has become a sort of alternate faction in the county GOP. Members of the Pachyderms include Groeteke, Reuter (and his wife, Renee, who is on the county council), Bickowski, and Terry.

The Engelbachs, on the other hand, are part of the JeffCo Republican Central Committee, a group that is elected during the August primaries whose supposed goal is to elect good Republican leaders. We can take the Engelbach endorsements, more or less, as the official picks of the central committee. But the committee majority seems to be more interested in preserving its own control, as seen in 2012 when they rigged the local caucus after it appeared Ron Paul supporters would win the day, and when they got nailed with an ethics violation in 2013 for laundering money that was used to send out mailers on behalf of the establishment’s preferred committee candidates.

Back to Today

So, as you see, the Engelbachs started a tit-for-tat series of primary challenges against an incumbent councilman. Yet, they were so mad about 2016 that they tried to get revenge in 2018 against the three incumbent Pachyderms who they blame for helping Groeteke win back the council seat.

However, Reuter and Terry defeated their challengers (Laurie Laiben and Christian Taylor). Bickowski, on the other hand, lost to challenger Brian Haskins, so the Engelbachs have that result to celebrate.

The questions that remain are: will the Engelbachs endorse Reuter and Terry in November (probably; endorsing avowed Democrats is probably a bridge too far), and will George challenge Groeteke in 2020 (probably not, he’s getting rather old).

August Primary Election Vignettes

30 Jul

Here are some notes I would like to put out there before election day on August 7.

How Much Harmony?

The ability of county government to function harmoniously will increase greatly in 2019, when a new county executive takes the helm and Ken Waller’s reign is over. However, if elected county clerk I still think he could cause havoc, since the clerk is in the chain of approval for government payments. He could decide to gum up payments he doesn’t like, for example payments to lawyers trying to defend the county against the politician pay raise lawsuit. Never mind the hurdles he could place in front of candidates he opposes as county election authority. Given his poor record as executive, I see no reason to entrust Waller with another county office.

This paragraph from the Post-Dispatch’s endorsement in the St. Louis county executive race is eerily, wholly applicable to Waller (minus the energy and enthusiasm part):

Rarely before has regional politics witnessed the levels of vitriol and dysfunction that seem to follow St. Louis County Executive Steve Stenger wherever he goes. His admirable energy and enthusiasm too often come packaged with an off-putting, confrontational demeanor. The county and region can no longer afford the abrasive style and questionable ethics that Stenger brings to the table.

Prosecutor Candidate’s DeSoto Role

From what I have seen and heard, GOP prosecutor candidate Mark Bishop, who is city attorney for DeSoto, is involved to a high degree in what happens there, more so than one would expect a city attorney to be. City attorney is supposed to be an advisory role, but my discussions indicate that he had a hand the departure of multiple police personnel. This lawsuit by former officer Mike McMunn sheds some light. This involvement probably explains why a number of former DeSoto officers openly support Bishop’s opponent in the primary, Trisha Stefanski. Given that DeSoto has been embroiled in chaos in the past few months, Bishop’s association with the city might give voters pause.

Some have also criticized Bishop for Facebook posts he has made from local courts, sometimes in his role as city prosecutor, making fun of the attire of defendants, some of whom may lack the time or money to dress up nicely for court. His personal Facebook page has recently been made largely private, so you can’t look them up, but here’s a screenshot of one post:

bishop-court

Late Bloomer

Jason Fulbright joined the GOP race for county collector in May (along with Lisa Brewer Short) during the late enrollment period made necessary when the sole GOP candidate dropped out after filing had closed. But he’s been rather slow to kick off his campaign:

  • He updated his “office sought” with the Missouri Ethics Commission in late June.
  • He wrote a Facebook post kicking off his campaign about two weeks ago.
  • His signs have started to pop up around the county only in the past 1-2 weeks, that I have seen.
  • His April-June campaign finance report shows that he raised or spent less than $500. He did spend money in mid-to-late July on signs and mailers.

It may be true that most people don’t start paying attention to elections until the last few weeks, but then again, others have already sent in their absentee ballots. Part of a campaign’s purpose is to show voters that you are a committed candidate, and in the primary, to prove that you are the person best suited to beat the candidate of the other party. In this case, that person is 32-year Democrat incumbent Beth Mahn, who has recently sued the taxpayers and hired an insider to a job in her office in record speed. I think GOP voters want to know that their candidate will go all out to win this particular race in November. Short, his opponent, started campaigning over a year ago.

We will see how Fulbright’s late campaign works out. He does have name recognition in the high-population northern part of the county due to his service on the Arnold city council and previous bid for state representative.

Interesting House Race

The race for the GOP nomination for the House seat in the 97th district is worth watching. Democrat Mike Revis won the seat in a February special election and will defend it in November against the winner of this primary. Two of the candidates, Mary Elizabeth Coleman and Phil Amato, are former Arnold city council members, and the third, David Linton, is the guy who Revis beat in February. Coleman has the most money, as well as endorsements from state senator Paul Wieland, congresswoman Ann Wagner, and…Arnold mayor Ron Counts.

In a uniony district such as this, here is how the candidates have declared on Prop A (the right to work ballot item, where a yes vote is for RTW):

 

August Primary Election Listicles

28 Jul

Here are some lists that are relevant to the August 7 primary election. Number 4 will shock you! All of these lists refer only to candidates that are facing a competitive primary. If they have no opponent, it doesn’t make much difference.

Candidates Involved in the Politician Pay Lawsuit

  • Ken Waller, GOP candidate for clerk and current county executive – he joined the pay raise lawsuit, which was filed in December 2015, in January 2017, and dropped out as a plaintiff in June 2017 under public pressure. However, he continued to try to thwart the county council’s attempts to pay attorneys to defend the taxpayers against the money grab.

Candidates Who Took the Penknife Pledge Not to Sue Taxpayers

  • Jeremy Day, GOP candidate for clerk
  • Lisa “Brewer” Short, GOP candidate for collector
  • Eric Robinson, GOP candidate for auditor
  • Terry Varner, GOP candidate for county council district 5
  • Charles Huey, Democratic candidate for auditor
  • Christian Taylor, GOP candidate for county council district 7

While the lawsuit would not pertain to council members, it is good to see the two council candidates above express their support for the anti-lawsuit cause.

The pledge is still available for candidates to sign. Get the form at the link above.

Former Democrats Running as Republicans

You can judge whether these party switches are legitimate or opportunistic.

  • Mark Bishop, candidate for prosecutor, ran for the same office as a Democrat in 2006.
  • Phil Amato, candidate for 97th district state representative, ran for county council as a Democrat in 2010.
  • Ed Page, candidate for Associate Circuit Judge Division 11, is a longtime member of the county Democratic Central Committee.
  • Joe Rathert, candidate for Circuit Judge Division 1, ran for the same seat as a Democrat two years ago.
  • Gary Stout, candidate for county executive, ran for the same office as a Democrat four years ago. The county GOP tried to kick him, but none of the aforementioned candidates, off the ballot.

Weird Cemetery Suit in Herky

23 Jul

I would like to highlight a bizarre lawsuit involving Herculaneum Cemetery, which is around the corner from Kade’s Playground there. The suit was filed way back in January of 2017, but I don’t think anyone has written about it. It is still ongoing in the courts and also involves the city and the police.

IMG_20180520_163832557

Part of the lawsuit alleges excessive use of force by police. Another part of it alleges mismanagement of the cemetery.

Excessive Force

The plaintiff, Christina Pryor, has family members buried in the cemetery, and had complained to the city and others several times about the upkeep and finances of the cemetery. A dispute then arose over whether or not a decorative lantern could be placed on a grave. It was a question of alleged arbitrary enforcement of cemetery rules. The situation escalated to the point that police were called. The suit alleges that Herculaneum police chief Mark Tulgetske arrived in an aggressive manner, chest bumped and yelled at the plaintiff, and told her to leave. She says she responded “I am, dumbass” at which time the chief allegedly yanked her out of her car, twisted her around by the arm, and handcuffed and arrested her with another officer’s assistance, causing great pain and injuries that required surgery.

Pryor was charged with peace disturbance and resisting arrest, but the judge threw out the former charge and Pryor was acquitted after twenty minutes of jury deliberation on the latter charge.

Cemetery Mismanagement

The suit states that the cemetery, which was founded just over 100 years ago, was set up to be operated by an independent organization, known as a “benevolent corporation.” But the suit alleges that the city became the de facto owner of the cemetery in about 2009. The city hall phone number and address were listed as the points of contact for the cemetery. The couple living next to the cemetery, Ken and Edith Chailland, allegedly served as caretakers of the cemetery and accepted payments for burial plots; there are questions of the accounting for this money. They were the ones who argued with the plaintiff about the lantern, leading to the incident with the police chief.

The suit alleges that a new cemetery board was formed in 2016 that stopped the alleged misconduct. But the mayor, Bill Haggard, is still listed as the contact person (along with his cell number) on the city website. He is the chairman of the new cemetery board. Here’s what he said in 2016:

Although the cemetery is named for the city, Haggard said it isn’t city property.

“The city doesn’t own it, and the city doesn’t want to own it,” he said.

Another question about the cemetery is whether it is endowed, meaning that money exists to care for the cemetery in perpetuity. The lawsuit alleges that the cemetery is not, since it does not meet the state requirements for registration and having a trust fund. Nonendowed cemeteries are supposed to make it clear up front to plot purchasers that they are not endowed, but the suit alleges that the Herky Cemetery did not do so.

Big Lawyer

One noteworthy aspect of this case is that the plaintiff’s attorney is W. Bevis Schock, who is kind of a big-time lawyer in St. Louis. He is a hero to us all in that he argued the case that led to the state Supreme Court ruling that red-light cameras (like the ones Arnold used) are illegal. He has also handled a number of lawsuits against lying cops and prosecutors.

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