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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):

 

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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.

 

Collector Candidate Saga Raises Suspicions

16 May

Update: Short tells her version of events here.

Lisa Brewer Short announced way back on May 28, 2017 that she intended to run for Jefferson County Collector as a Republican against longtime (8 terms!) incumbent Democrat Beth Mahn in the fall of 2018, according to her Facebook page. When it came time to file as a candidate earlier this year, Short showed up on the first day (Feb. 27). However, she had to withdraw the day after the filing period closed a month later because she states she was blindsided by a requirement for a bonding affidavit that she was not informed about until she filed. But now, a turn of events has allowed her to place her name back on the ballot for the August primary.

A requirement that is unique to candidates for collector and treasurer, officials who handle the county’s money, is that they have to present a signed affidavit from an insurance company saying that they meet the statutory bond requirement for the position, meaning their personal financial and legal history is deemed trustworthy enough that an insurance company will sell them a bond, $750,000 worth in the case of the collector.

Short states that this requirement is not listed on the county clerk’s website, where the requirements to run for office are listed. And this is true, as you can see if you follow the link. The bonding requirement is also not listed as a treasurer requirement. The page does reference the relevant state law, and the bonding requirement is mentioned there, but I don’t see why you wouldn’t list it on the clerk’s page, which gives you the impression it is all-inclusive.

This lack of notice did not give Short enough time to pay off some debt and have that show up on her credit score in order to meet the requirements before the filing deadline, so she withdrew her candidacy, leaving a rather unknown Republican, Julie Zelenda, as the only person left to take on Mahn.

However, Zelenda withdrew from the collector’s race on May 9. This left the GOP ballot devoid of collector candidates. This triggered a state law that says candidate filing must reopen for 5 days in such a situation. Short went to the clerk’s office to re-register as a candidate, having since met the requirements for bonding, but states that she had to spend the whole day making phone calls and being quite persistent to get the clerk’s office to let her register. Here is a news story, posted after filing reopened, indicating that the clerk’s office was not aware of the law about the 5 day filing period. The clerk’s office does mention the bonding requirement in this story (which was posted after Short’s battle).

Beth Mahn is one of the county politicians that is part of the lawsuit demanding that county taxpayers give them extra salary and retirement benefits (see her get confronted by Elliott Davis here). The greedy plaintiffs cite Boone County (where Columbia is) as a county with higher salaries for elected officials that Jefferson County should match. Well, if you go to the Boone County website, they inform potential candidates all about the bonding requirement for collector candidates, and even tell them what company to talk to. So maybe they earn the extra pay there.

Why would the Jefferson County Clerk’s office not be upfront about the bonding requirement? Was it a general failure of their duties, or was it because the current clerk, Randy Holman, and his predecessor, Wes Wagner, wanted to protect Mahn, their fellow Democrat and pay lawsuit plaintiff, by blocking any potential opponents? Short thinks the latter is a distinct possibility.

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.

April 2018 Election Recap

8 Apr

Let’s look at some of the headlines from the local elections held a few days ago.

Taxes: Six of nine tax measures succeeded in all.

The property tax for the county sheriff passed in a big way, with 64% of the vote. A sales tax hike for police passed in Hillsboro with 71% of the vote.

Byrnes Mill went 1 for 2 on tax hikes after going 0 for 3 last year (with two close losses). This time, a road maintenance tax won by 31 votes and a transportation tax failed by six votes. Will the city try the failed tax proposal again in a future election?

Antonia Fire’s 35-cent property tax proposal failed by 56-44%, after a 50-cent tax lost by the same margin in November. This time 2,100 people voted, versus 1,489 last time. Will the district try again in a future election? Maybe 25 cents next time?

A tax for a Hillsboro library failed for the third time in recent years, with 64% voting against a property tax proposal. Will they try again in a future election?

Despite all the turmoil in city government with firings, resignations, and lawsuits, DeSoto’s Prop P park and stormwater tax passed with 67% of the vote.

DeSoto: Some shake-up took place, as one city council member who was serving as mayor, Larry Sanders, was knocked off, and one school board member (recently fired as city manager) who was previously appointed to the board to fill a vacancy, David Dews, failed to win a full term.

Pevely: Big turnover, as three incumbents, all part of the faction that wanted to fire acting police chief Tony Moutray, were defeated. One, Rick Arnold, also facing an n-word controversy, lost to a write-in candidate.

Arnold: Two incumbent councilmen won close races. In ward 4, Gary Plunk beat Randy Hoselton by three votes. In Ward 3, Vern Sullivan beat Rod Mullins by 12 votes. Sullivan was assisted by a third candidate, William Denman, who received 62 votes, which would have been more than enough to put Mullins over the top. Denman also played spoiler in the mayor race last year, when incumbent Ron Counts beat councilman Phil Amato by 176 votes while Denman got 276 votes. It’s almost like Denman entered these races for that specific purpose…

Denman’s name has popped up in Arnold before in association with a shady political group called Citizens For a Better Arnold (CFABA) that used outside money to push candidates who supported red light cameras. Early on, CFABA supported Amato, but later on Counts moved over to the dark side, and Amato recently broke with the Counts regime (and with the Democratic party, he claims). It is all rather shadowy.

Also in Arnold, he who I like to call the Critchlow candidate, Jim Chellew, was predictably voted onto the Fox school board.

Dem Win in Special Election – What Does It Really Mean

20 Feb

Two weeks ago, a special election was held in Missouri House district 97, which covers parts of Arnold and Fenton, including a small slice of St. Louis County. The election was necessary because Rep. John McCaherty (GOP), who was in his 4th and final term in that seat (due to term limits), resigned to focus on his run for county executive, which he has since decided to back out of.

In the special election, Democrat Mike Revis defeated Republican David Linton in an upset. Revis brought in 51.5% of the vote and won with a 108-vote margin.

Of course, this got Democrats excited, even on the national level, sure that this means a blue wave is coming in November. Some examples:

I think the Trump comparison is not that relevant. Trump was running against Hillary Clinton. If Clinton had run as the candidate in district 97, she would have lost big there once again. Instead, the local Democratic party nominated a moderate candidate who touts his NRA membership. And using the presidential election results to suggest that the 97th district is “deeply red” is erroneous. Keep in mind that McCaherty was a firm no on right-to-work legislation, reflecting the views of the district.

And Trump was not running either. Instead, the county GOP committee, a sclerotic, pro-establishment bunch that is primarily interested in getting themselves re-elected to the committee and that probably thought Jeb Bush would win the 2016 GOP nomination, chose a candidate who was blamed by at least one person for losing the seat:

Rep. Kevin Engler, R-Farmington, blamed the Jefferson County loss on a weak candidate.

“I’ve won a lot of Democratic races for Republicans,” Engler said. “In order to do that, you have to outwork your opponent, not kind of work your opponent.”

Some blamed Governor Greitens and his current scandal for the loss:

It should also be noted that 14,000 people voted in this race in 2016, when McCaherty had no Democrat opponent, versus the 3,500 that voted in the special election. While the labor union troops that were reportedly out in full force in this campaign can make a big difference in a low-turnout race, I think their efforts will be insufficient come November 2018.

Kasten Council Resignation Came After AG Conflict Ruling

11 Jan

When former Jefferson County Councilman for District 5 Jim Kasten (Democrat) announced his resignation from the board on October 23, he cited ongoing conflict between the “dysfunctional” council and county executive Ken Waller. He bemoaned the “constant bickering” and expressed dismay that the council did not pass a bill to join a prescription drug monitoring program.

What he did not mention is that he received a letter from the Missouri Attorney General’s Office, dated September 25, 2017, stating that due to his holding of multiple simultaneous offices, he was in violation of conflict of interest provisions, and thus would have to resign from something. This letter came as a result of a citizen complaint to the AG’s office.

Kasten submitted a resignation letter to Waller on September 29, effective December 31. He has since left the council and been replaced by Dan Darian, who was chosen by the county council to complete Kasten’s term.

Multiple Offices

Along with his time on the county council (elected in 2014), Kasten serves:

  • On the Dunklin School Board (elected in 2007)
  • As Herculaneum city administrator (hired in 2008)
  • On the Jefferson County Water Authority (appointed in 2008, part of Herky city admin duties)
  • He was on the Jefferson County Port Authority Board for eight years before being denied reappointment by the county council in December 2016. At that time, his service in multiple positions was cited as a reason to vote down his appointment. After he resigned from the council, Waller again nominated him to the Port board, but the council refused to vote on the nomination at its January 8, 2018 meeting.

The Letter

Here is the letter from the AG’s office:


It cites the “common law prohibition against holding two incompatible public offices,” then goes on to list state Supreme Court precedent and explains how offices that deal with each other, through licensing, taxing, public works, etc. could create a situation where an officeholder finds himself on both sides of an agreement.

According to common law, when an officeholder accepts another incompatible office, he automatically is considered to be resigned from one of them. Missouri uses a last-in-time analysis, and so was already considered to be de jure resigned from the county council. It just had to be made official somehow, which Kasten made happen when he submitted his resignation. The letter points out, though, that actions the council took while he was seated are still valid.

Not Wrongdoing

When Kasten was denied reappointment to the Port board, he responded to the allegations of conflict of interest by demanding that someone point out where he actively acted in a conflicted manner (as I interpret it). But he has it wrong, I think. Conflict of interest isn’t an intentional act of wrongdoing, it is just the inherent circumstance that a person’s judgment and duty could be influenced improperly. It’s like when county prosecutor Forrest Wegge belatedly said he could not take the Dianne Critchlow criminal case because he knows her. The fact that he knows her created a possibility of conflict between the law and his friendship, even if he didn’t actively try to get her off the hook.

In short, nobody says Kasten intentionally committed some wrongdoing, it’s just that he held naturally conflicting interests by holding multiple offices, and so he had to surrender one of them. But he should have admitted this when he resigned from the council.

There are a number of dual office holders in JeffCo, for example, some who sit on a city council and a school board. In the past, there have been men who served on a city council for one city while serving as city administrator for another. Given this ruling, these double-dippers may want to reconsider, though I can’t say for sure that these arrangements are unlawful. And any residents with concerns now know who to turn to with complaints. While serving in elected and appointed positions is a public service (unless you are corrupt or negligent in your duties), serving on multiple boards is not always a good thing.

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