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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.
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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.

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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.

Swampy Hire in Hillsboro

30 Jun

You may recall that, as part of Ken Waller’s Shutdown Scare in county government in early June, his consigliere, Tony Dorsett, announced his resignation. This was likely supposed to look like he was taking a moral stand against the evil county council. Dorsett announced his resignation on June 7, effective June 22.

But guess who got hired on to a new county job on June 22? Tony Dorsett. He was hired as an attorney in the county collector’s office, with a salary of $90,000. His old salary was $98,000.

I am told that hiring in the county is normally a several-month process. However, in the case of a Waller crony, the whole process took 8 days from when the job opening was posted, and just happened to conclude with a job offer on the day Dorsett left his other position.

I think it is also noteworthy that the hire took place in the Collector’s office, which is run by Beth Mahn, who is running for her 9th term as collector in November. Mahn is part of the politician pay lawsuit, in which some current and former county elected officials are suing the taxpayers to get higher salaries. She memorably defended the lawsuit in an interview with Fox 2’s Elliott Davis in November.

Waller is a friend of the lawsuit. He dropped out as a plaintiff under public pressure, but led the fight to prevent the county council from defending the taxpayers. So, despite the fact that Waller is a Republican and Mahn is a Democrat, it would not be surprising at all to see one of them hand out a job as a favor to the other.

We must also question the human resources office, which is under the Administration office run by Waller pal David Courtway. The HR office is involved in the hiring process, and no job can be awarded (especially not in 8 days) without their involvement.

The point of this hire is to help a crony, perhaps keep him employed after the election, and to poke the eye of the county council, which is apparently Waller’s main role as county executive. But it gives us some insight into how swampy things are in Hillsboro.

 

Budget “Crisis” Was a Total Nothingburger

11 Jun

County executive Ken Waller, a Republican, went to the microphone Thursday to inform the unquestioning St. Louis media that there was a budget crisis in Jefferson County and that a shutdown was imminent. In fact, there were merely two typos in some account numbers, something that was easily fixed. This is all part of a six-month fight by Waller, who is trying to stop the county council from cutting spending. Instead of accepting political defeat after a veto-proof majority of the council opposed him, Waller decided to freak everybody out with a #fakenews shutdown threat. This is another sign of the abysmal leadership Waller has provided in his 7.5 years as executive.

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Back Story

As I wrote in January, the council passed an amended version of the 2018 budget Waller proposed. However, Waller’s ally Tony Dorsett, the county counselor who has announced he is resigning effective June 22, used some tortured analysis of the county charter to say that Waller could just ignore the council’s budget until January 1 and then implement his own budget. However, the council is also required to pass an ordinance to implement the budget. But Dorsett waved his hand and said this was not necessary.

Meanwhile, the council, as is its right, moved to amend Waller’s budget again to make its desired changes, while also passing the implementation ordinance. The main changes the council desired, totaling about $130,000 in reductions, were:

  • Cutting the county’s contribution to the Economic Development Corporation (which doesn’t do much, from what I can tell) in half,
  • Cutting the salary budget of the counselor’s office, and
  • Cutting the salary budget of the county auditor’s office.

Waller argues that the latter two cuts are retribution for those officials’ refusal to approve the payment of the county council’s legal bills in its efforts to fight the politician pay lawsuit, in which several current and former elected officials (including Waller, who has since withdrawn from the suit), sued the taxpayers to get more money for themselves. And that may be true or not, but the council has the right to take steps to stop those in county government who want to play games. The council says the cuts were not punitive and were made to reallocate the money to other purposes (county bus, legal fees, employee pay raise).

Quick Fix

Waller called for an emergency council meeting for June 8, the day after his press conference. He placed an item on the agenda to rescind the ordinance that the council passed over his veto, thus eliminating the council’s budget cuts. At the meeting, the council amended the item to reiterate its previous cuts, making the following corrections (by a 6-1 vote) to two account numbers:

account strings

This hardly seems like a crisis. When county auditor Richard Carter III resigned on Wednesday over this issue, he said “the account strings are all wrong.” That seems to be an epic overreaction, especially since the auditor’s office knew exactly what accounts the council meant, judging from this February memo:

strings memo auditor.jpg

Again, seems like a pretty minor thing. So when Carter told the Leader “oh, we can’t transfer money between accounts because some of the accounts do not exist,” he knew exactly what the council’s intent was.

Word is that Carter already had another job lined up when he resigned, so maybe his departure was not all about taking an ethical stand. His term was to end in January, and he was not running for re-election.

I would also not look at Dorsett’s resignation as some kind of moral move. He has been providing legal cover for Waller for years; why stop now? Waller recently tried to appoint him to the county municipal judge job, but the council refused to go along. Dorsett presumably would have been out the door in January, also, when Waller’s term (mercifully) concludes.

Why Go Nuclear?

The question is, why would Waller get everyone all spun up about a fake shutdown threat? It just makes the county government look bad. He may think it only makes the council look bad, but he has plenty of stink attached to himself. I’m seeing many comments saying “the whole idea of charter government was a mistake.” It seems like he just wants to damage candidates ahead of November’s election, even though this will only help Democrats. I can’t imagine it will help his own run for county clerk.

Unfortunately, bringing in the St. Louis media for his press conference accomplished Waller’s goal of inciting mass hysteria. The big city outlets, who do not follow JeffCo affairs, had no idea of the back story, and took Waller’s scaremongering at face value, spreading the erroneous fears throughout the region and causing unnecessary alarm to county employees who feared they would miss out on pay.

But we have seen this before. Waller sued the council last March after they passed an ordinance that gave them the power to remove people from county boards. A judge eventually threw out Waller’s suit after the county spent big bucks on legal fees. Waller also removed his frequent foe, councilwoman Renee Reuter, from the East-West Gateway board after she resisted his attempts to gut the county’s budget for legal fees to fight Waller-associated lawsuits against the county.

Waller is accustomed to getting his way, and if he doesn’t, he lashes out with no regards for the consequences. And that is why Waller set off a fake news budget crisis over two typos.

JeffCo Reps Mostly Quiet on Greitens

26 Apr

Updated to add Revis statement.

With Governor Eric Greitens facing three felony charges and a jarring House investigative report, a number of politicians have called on him to resign, including state Attorney General and US Senate candidate Josh Hawley. But less than half of Jefferson County’s legislators have done so. Here is a list:

  • Rep. Becky Ruth, GOP, 114th district, Festus – called for his resignation on April 12 in a Facebook post.
  • That same day, Sen. Gary Romine, GOP, 3rd district, Farmington, and two other Missouri senators signed a letter to President Trump asking him to tell Greitens to resign. Romine, who has had an acrimonious relationship with the governor since Greitens took office, called on the governor to consider resigning in February.
  • Also on April 12, JeffCo’s newest representative, Mike Revis, Democrat, 97th district, Fenton, called for Greitens’ resignation. He is also one of 20 cosponsors (19 of them Democrats) of a bill to allow the House committee investigating the governor to introduce articles of impeachment against Greitens “upon a finding of good cause.”
  • On April 17, Rep. Rob Vescovo, 112th district, Arnold, the GOP majority leader, issued a statement with the rest of the House GOP leadership asking the governor to step down.
  • Reps. Elaine Gannon, Shane Roden, and Dan Shaul and Sen. Paul Weiland (all Republicans) have made no calls for resignation at this time. They are likely awaiting Greitens’ trial next month and/or the completion of the House investigation before commenting.
  • Rep. Ben Harris (the other JeffCo Democrat) does not appear to have made a statement on Greitens, but his office could not confirm that. Harris has not cosponsored the aforementioned impeachment bill.

DeSoto Officer Sues City over Firing

1 Apr

Mike McMunn, who was named DeSoto interim police chief on November 3 of last year after previous chief Rick Draper resigned (but was probably forced out), and then was fired on February 7, only to rejoin the force two weeks later as a sergeant, has filed a lawsuit (read it here) against the city over his firing. He also alleges that his rehiring agreement was violated and that part of this treatment was for political reasons.

Here is a timeline of events:

      • 10-23-17 – Police chief Rick Draper resigned (probably under threat of termination, I am hearing)
      • 11-3-17 – McMunn named interim chief
      • 1-29-18 – DeSoto police engage in high-speed chase over a stolen donation jar that leads to a bad crash in Washington County (McMunn was not doing the chasing)
      • 2-5-18 – Draper comes back to the department as a detective
      • 2-7-18 – McMunn fired, and while the city won’t say why, the chase and crash appears to be the official reason. McMunn says the city manager, Ann Baker, and the city attorney, Mark Bishop, fired him, even though his contract says only the city council can do that.
      • 2-19-18 – New police chief Joe Edwards’ first day
      • 2-21-18 – McMunn returns to work at the same rate of pay he received as acting chief
      • 3-23-18 – McMunn files lawsuit

McMunn states that after he was fired, he requested some documents from the city (personnel records and policies and such). One could surmise that these were wanted in preparation for a lawsuit. McMunn states that after this request was made the city started talks with him about bringing him back on the force at his old rank of sergeant but at his chief level of pay. The deal also said McMunn need not sign a waiver of litigation (basically agreeing not to sue).

However, he states that as soon as he came back to work, new chief Edwards, City Manager Baker, mayor Larry Sanders, and city attorney Bishop all, one at a time, pressured him to sign a waiver, which he declined to do. His next paycheck then showed a rate of pay $2.51 per hour lower than what was agreed upon. McMunn is suing to have his pay restored and the termination expunged from his record.

Claims of Political Motive

The lawsuit alleges that some of this treatment is politically motivated. Bishop has filed as a candidate in the August GOP primary for county prosecuting attorney. McMunn states that he is a vocal candidate of another candidate, presumably Bishop’s GOP opponent, Trish Stefanski. McMunn alleges that it is for this reason that Bishop had it out for him. (I notice that former chief Draper is also a Stefanski supporter.)

While I don’t doubt that McMunn was mistreated by the city and its ethically-dubious leadership, I have some skepticism about this part of the suit. This is in large part because McMunn’s attorney is Allison Sweeney, daughter and law partner of Robert Sweeney, who I have written much about and who has built a local municipal law empire while frequently interfering in politics. Perhaps the Sweeneys saw the chance to append a political shot onto this otherwise credible suit.

Related to this, here is a Leader ad from 2016:

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Note on the last line that the Sweeneys and Stefanski teamed up here to promote the Democratic judicial ticket. While I do not allege that there is any collusion here with the candidate, we see that all three agree on the type of candidates that should be elected to judicial system positions in JeffCo. So it makes you wonder.

Comments on Lawsuit Column

12 Feb

Peggy Bess had a column in the February 1 Leader about the big legal bills being rung up by our county government in Hillsboro. I want to make three comments on the article.

First, in tallying up the costs, she doesn’t even add in the impact of the biggest lawsuit: the one concerning politician pay. Bess comes up with a total dollar amount of $83,610 for the Waller lawsuit – that he lost – over who could remove certain board members. But only about a week previously, Steve Taylor, also of the Leader, gave a total bill of over $150,000 for the two cases combined. It seems like mentioning the pay lawsuit would have only bolstered her point.

Second, the article attempts to place blame for these bills evenly between county executive Ken Waller and the county council. But the fact is, Waller is the one filing and participating in lawsuits. He filed the lawsuit Bess mentions. In the column, Bess casually dismisses the result of the lawsuit: “wow, that matters,” she sarcastically notes. But Waller lost because the issue wasn’t even ripe (ready for judicial involvement, since no board member had actually been removed). So it was a totally frivolous lawsuit, filed by Waller in a fit of pique, that is costing county taxpayers so much money. You can’t blame the council for that.

The other lawsuit, that continues to cost big bucks, is the suit by many current and former county officeholders asking for more money. Waller joined in this suit, and later left it under public and media pressure. Again, the council has no choice but to defend taxpayers, or this suit could cost the county $1 million or more in back pay. Once again, Bess should blame the plaintiffs, not the defendants.

Finally, Bess mentions that which is odd about the Missouri Attorney General’s sunshine lawsuit against councilwoman Renee Reuter, alleging that she ordered legal invoices to be destroyed. Namely:

  • The documents were not destroyed and have been provided to parties including the Leader.
  • “Under past Missouri attorneys general, Sunshine Law suits were hardly ever filed.” In one case a few years back in which Arnold violated the sunshine law by refusing to hand over city hall visitors logs, the AG threatened a lawsuit unless the records were handed over, giving Arnold a way out. But the current AG skipped this step.

On another note, not mentioned in the article, is that emails are presumably backed up on the server, and so cannot just be deleted from your desktop. And Reuter would surely know this. Also, the order to delete them allegedly came over the phone, so it comes down to a she said/she said situation. Questionable.

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