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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 He has since left the council and been replaced by Dan Darian, who was chosen by the county council to complete Kasten’s term.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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Waller Eyes Run for County Clerk

21 Dec

Jefferson County Executive Ken Waller, dogged with continuing questions over his lawsuits against the county, faced with a recall effort, and locked in a dysfunctional relationship with the county council, announced in July that he would not run for a third term as county executive. But he kept the door open to running for something else. And now he has updated his campaign committee with the Missouri Ethics Commission, which oversees campaign finance, to state that he intends to run for county clerk in 2018.

clerk committee

Screen shot from Ken Waller campaign committee page at mec.mo.gov

Much of what Waller does is done out of personal animosity, even though he loudly denies it. For example, that time he removed council chairwoman Renee Reuter from her seat on the East-West Gateway board after she called him out for his ongoing conflict of interest in which he is preventing the county from paying the legal bills to defend against his lawsuits.

On this note, guess who is already planning to run for county clerk as a GOP candidate? A guy named Jeremy Day, who ran unsuccessfully for the job in 2014 and who just happens to be one of the leaders of the effort to recall Waller. Day has not announced publicly, but he has made it known in political circles that he is running again, and Waller knows this.

This is not to say that Day owns the nomination since he was first in. We just have to ask whether Waller wants the job because he has something to offer the residents of the county as clerk, or if he just wants 1) a paycheck, and 2) revenge.

The other office Waller had expressed interest in was circuit clerk, a job held by Republican Mike Reuter, who happens to be the husband of the aforementioned Renee Reuter, and thus another person Waller may want to take on for personal reasons.

There were also whispers that Waller wanted to challenge GOP State Senator Paul Wieland, with whom he has also had disagreements (I sense a pattern here).

It should be mentioned that county clerk is one of the few county elected offices still held by Democrats. The incumbent is Randy Holman, who was appointed by…Ken Waller, after longtime clerk Wes Wagner retired and Waller had to appoint another Democrat, per the county charter. If Waller gets the nomination, he will have to explain to voters why he is a better choice for auditor than the guy he appointed to be auditor and spoke glowingly about. Unless Waller and Holman made some sort of “step aside in 2018” deal.

Waller will be a formidable candidate for clerk, with his $65,000 campaign fund and his widespread name recognition as a veteran Republican politician in a Republican county. But he needs to tell us why he really wants the job, and whether he will be able to get along with the people that he needs to get along with to do it.

Waller Won’t Run Again; What’s Next?

31 Jul

Jefferson County executive Ken Waller announced on July 17 that he won’t run for a third term next year, according to the Leader.

Waller, a Republican, did not close the door on running for something else; he cited his $65,000 campaign war chest and said there were state and county level positions that “may be appealing” to him. In a KJFF interview, I’m told that he specifically cited county clerk and circuit clerk as two jobs he might be interested. These are two interesting choices.

The circuit clerk job is currently held by another Republican, Mike Reuter. He is the husband of one of Waller’s main foes on the county council, Renee Reuter. Waller kicked her out of the JeffCo seat on the East-West Gateway Board last month after she called him out for trying to take away money the county was using to defend itself against lawsuits Waller is involved in. And Jeremy Day, who has announced his intention to run for the GOP nomination for county clerk, is one of the people who brought the recall petition against Waller.

Given these facts, it would almost appear that Waller selected the positions he may run for, not out of personal talents or interest, but out of spite for his political enemies. That is not a good look.

It would also be strange if Waller were to face off in the general election against incumbent Democrat Randy Holman for county clerk. Waller appointed Holman to that position when Wes Wagner resigned. How would Waller argue that the guy he appointed should be voted out of office?

As for city administrator jobs, Waller confirms what was reported exclusively here, that he unsuccessfully attempted to get the Festus job earlier this year. I see in the Leader ads that Hillsboro is looking for a city administrator/city clerk, but they are only offering $45-55,000 in salary. I suspect that’s lower than what Waller will accept. The Festus job was worth $90,000, and Waller currently makes about $81,000. And until recently, he used to be part of a lawsuit suing the taxpayers for more salary.

Recall Effort Launched Against Jefferson County Executive

12 Jun

Unlike many levels of government, the Jefferson County Charter allows for the recall (or removal from office) of county elected officials upon the collection of a specified number of voter signatures followed by a public vote. For the first time, a recall effort has been launched in the county, directed at county executive Ken Waller, a Republican who has clashed repeatedly with the GOP-majority county council.

The reasons for the recall effort are laid out in the petition notice:

 

Reason one is the politician pay lawsuit that he is a part of. Reason two is his alleged role in the Health Department end-around of the council to pass a prescription drug monitoring plan. Reason three is his behavior towards citizens at council meetings and other public forums, and the sending of cease and desist letters.

According to the charter, petition organizers have six months to collect a number of signatures equal to 20% of the people who voted in the last gubernatorial election, which comes out to a requirement for 21,167 signatures. If this threshold is met, a vote would be held at the next election or a special election on whether or not to recall him, and a simple majority would be needed to remove Waller from office.

Waller was elected to his second term as county executive in 2014. I don’t believe he has announced whether or not he plans to run again in 2018, though he did try to land another job recently. He has $63,000 in his campaign account, but he also has a possible GOP primary challenger in state representative John McCaherty.

Here is an online version of the petition. The legality of an online signature is in question, so this may be more of an interest-gathering effort. If this petition interests you, best to sign a petition in person. I’m sure we’ll be seeing the petition at major county events this summer.

Wegge Walks Away

18 May

Not surprisingly, Jefferson County Prosecutor Forrest Wegge, a Democrat, has decided not to run for re-election in 2018, according to the Leader. He says the usual stuff about how it’s time to try something new and he’s been thinking about stepping down for a long time. But really, we know what this is about. With the GOP wave sweeping the county, he had little chance of winning again. Add to that his total bungling of the Dianne Critchlow case, which he first punted to the feds after a six-week review, but then only upon getting the case handed back to him did he decide that he should recuse himself due to his friendship with Critchlow. Why on God’s green Earth didn’t he recuse himself the first time around?

Of course, the Leader appeared to accept his explanation for not running again, and did not press him on either of these issues. The Leader has a history of not asking obvious questions about the Critchlow debacle to relevant figures.

Hats in the Ring

Two people have already announced plans to run for the job, both as Republicans.

The first one is Trisha Stefanski, who ran unsuccessfully for the GOP nomination to a county judge position last year. Interestingly, after the primary, she signed on to a newspaper ad (along with Bob Sweeney) which endorsed all of the Democratic candidates for judgeships. She responded to me about this issue here. Stefanski currently works in Wegge’s office. After the Critchlow debacle, though, we may need new blood at the top.

The second announced candidate is Mark Bishop, who ran against Wegge in 2006…as a Democrat. But you see, he’s not switching parties for political expediency, nope, he says the GOP “more closely aligns with my beliefs” now. Bishop is a partner and owner at Wegmann, a well-connected Hillsboro law firm. He formerly worked under St. Louis County Prosecutor Bob McCullough.

Waller Can’t Defend Pay Lawsuit, PDMP

17 May

Jefferson County Executive Ken Waller has always had difficulty providing a persuasive argument for his preferred policies, instead usually resorting to “because it is best and those who oppose me are dumbheads.” But he had even more difficulty giving a sufficient explanation to Fox 2’s Elliott Davis as to why he’s suing JeffCo taxpayers to get more salary for himself:

Oh, no, you see, it isn’t about getting more money in his pocket! He just wants clarification from the judge! If the judge decides I need more money, what can I do? *chuckles* If that’s the case, then Waller should come out right now and say that he will refuse to accept any extra money if he wins his lawsuit. I mean, if all he wants is a legal clarification, that should be an easy pledge to make and it would put people’s minds at ease that this isn’t about personal enrichment. We’ll be waiting.

PDMP Fails

The proposal for JeffCo to join a multi-county prescription drug monitoring program (PDMP) to fight opioid abuse failed at the April 24 council meeting by a 4-3 vote, according to the Leader. The roll call was:

  • Don Bickowski – no
  • Renee Reuter – no
  • Bob Boyer – no
  • Charles Groeteke – no
  • Jim Kasten – yes
  • Dan Stallman – yes
  • Jim Terry – yes

Waller moped afterwards:

“It’s sad that people just don’t do the right thing, and that (allowing the county to join the database) was the right thing to do. The bottom line is that it didn’t pass, and more people are going to die and they’re not going to do anything about it.”

This was the extent of his argument for this bill, along with his single-minded focus on PDMP instead of a multi-pronged approach to the opioid/heroin problem, as was advocated by Boyer. No data, no facts, just demonizing. Waller also suggested he would go to Jefferson City to lobby for a statewide PDMP (which did not pass, but could come up in a special session). I doubt he would win over any votes there, either.

JeffCo Legislative Wrap-up

15 May

As a follow-up to my last post, here’s an update on JeffCo-related happenings in the last week of the legislative session:

-Senator Gary Romine’s SB 43, one of the most controversial bills of the session, was passed by the legislature after six hours of debate in the House on Monday night. This bill changes the standard for winning a discrimination case from “contributing factor” to “motivating factor.” In the House, JeffCo reps voted along party lines on this bill.

-Representative Rob Vescovo was able to pass his bonding bill by attaching it to another piece of Senate legislation, SB 111. The provision requires school districts and cities to use competitive bidding when they issue bonds. A state auditor’s report in 2013 stated that this practice is little used but will save taxpayers tens of thousands of dollars per bond issue.

-Senator Paul Wieland had a bill, SB 302, that would allow for the creation of Advanced Industrial Manufacturing (AIM) Zones within ports (like the Jefferson County Port) along with some other port provisions. The bill, handled in the House by Rep. Becky Ruth, attracted a number of economic amendments, including one that would allow for special utility rates in the Bootheel in order to potentially attract a steel mill to replace a shuttered aluminum smelter, which was a major employer.

That amendment had some relation to SB 190, which was intended to allow for the modernization of Missouri’s electric grid. The plan would allow utilities like Ameren to raise rates to pay for these upgrades. But Sen. Romine led the charge against this bill, saying that it was not needed.

And so, likewise, with the Bootheel amendment, which Romine also opposed, seeing it as a giveaway to one company. Senator Wieland disagreed, according to the Missouri Times.

“It doesn’t cost the state a dime, we’re easing regulations, and creating jobs. This is straight from the Republican handbook, it seems to me,” Wieland said.

This opposition by Romine and others led to an epic rant from the House floor by Don Rone, a representative from the Bootheel (video here):

“I have traveled this entire United States and I’ve dealt with a lot of people in my job,” Rone continued. “I’ve dealt with some of the craziest farmers you’ve ever seen. But I don’t want to deal with the most selfish people as Libla, as Romine, in my life. Never. Five hundred shovel-ready jobs. I just don’t understand it. We shouldn’t pass anything they do because they’re heartless and they’re selfish. They are disrupting government at the state of Missouri. This is an opportunity for a whole generation in the state of Missouri. The citizens of my district will know and know and know how Libla treated them.”

Ultimately, the provision Rone wanted did not pass. However, the measure concerning AIM Zones in ports was attached as an amendment by Ruth to another bill, SB 283, which did pass the legislature.

-The Legislature passed a REAL ID bill that ensures that Missouri drivers licenses will still be accepted at airports and military bases next year. There has long been opposition in the Legislature to federal ID laws due to privacy. This bill gives Missourians the option of getting a REAL ID compliant license, which requires one’s proof-of-identity documents to be scanned and stored by the state. Rep. John McCaherty voted against this bill.

-Romine also played a role in bringing the Senate to a halt in the last two weeks. He joined up with several other senators on a crusade against “dark money” after a group linked to Governor Eric Greitens launched an ad against Sen. Rob Schaaf for his obstructionism. The group, A New Missouri, also prepared a mock-up of an ad against Romine, but did not run it. The group was able to force a hearing on an anti-dark money bill (dark money is given anonymously to non-profit organizations) by stopping Senate business, but the bill did not pass the Senate.

“The people of Missouri want ethics reform, and they don’t like these games that are being played,” said Sen. Gary Romine, a Farmington Republican. “I don’t think any member of this chamber wants to have a gun held to their head, that the governor might do this to them.”

Here’s an editorial by Romine on the matter. What’s funny to me is that this issue did not become serious until a senator was attacked, and only then did he and other senators react with high outrage.

-Rep. Ruth got a provision passed as part of SB 50 to add two new disorders to Missouri’s newborn screening test panel.

-Rep. Elaine Gannon and Sens. Wieland and Romine pushed a bill through to name a section of I-55 after West Point cadet Tom Surdyke of Festus, who died saving a classmate from drowning last year.

-The prescription drug monitoring program (PDMP) bill failed, which keeps the issue alive at the county level, including here in JeffCo.

-Rep. Vescovo has announced that he will run for the position of House majority floor leader next year.

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