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Former DeSoto Mayor Under Investigation for Assault

20 Sep

Update: I am informed that the case has been handed off to the St. Charles County prosecutor (as was the Critchlow case).

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

Update 10-14: Good has withdrawn from the opioid case, which was transferred to federal court.

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.

 

 

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.

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.

waller-pc

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.
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