Hillsboro is Latest County Police Department in Disarray

17 Jan

You may recall that back in July 2018 the county sheriff revealed in a report that the DeSoto police department was wholly incompetent, with insufficient training, leadership, policies, and equipment. Well, we have just learned that Hillsboro is in the same predicament.

The sheriff was called on to investigate the Hillsboro PD last week for the initial purpose of looking into theft. It turns out that there was allegedly some falsifying of time sheets leading to unearned pay. Hillsboro police chief Steve Hutt resigned and another officer was fired, but this was only the tip of the iceberg.

The sheriff’s department found a variety of shocking failures in Hillsboro. The report can be read here. The findings include:

  • One officer was not trained on his weapon, and failed qualification for it, but was still allowed to work.
  • Officers were given two weeks of on the job training before being allowed to work solo, versus the standard of 12 weeks in most departments.
  • Hillsboro lacked policies for basic police functions.
  • Officers lacked any documented training on equipment or policies.
  • Pornography was found in at headquarters and in police cars.

Handling of evidence was another huge problem. Evidence was sitting around, unsecured and unlabeled, including sex crimes evidence, and thus unable to be used in prosecution. Other evidence, including heroin, was missing. There was mold in the evidence fridge. Additionally, felony and crash reports were not completed, again making prosecution and insurance claims impossible.

Because of all this, on Friday the 11th, when the biggest snowstorm in five years was bearing down on our region, the JeffCo Sheriff had to take time to train Hillsboro officers on policies (use of force, discharge of weapons, pursuits) and weapons, and do firearm qualifications testing, while repairing and maintaining Hillsboro’s decrepit firearms.

In addition, Hillsboro was doing the bare minimum of background checks on police officers before hiring them. It sounds like they basically just checked CaseNet for convictions. They had no idea what past violations or personal issues these applicants had.

So, Hillsboro residents, think of all this before you panic about losing your police department, or lament for the officers who could lose their jobs. Your city is in a dangerous place. Officers or residents could be hurt or killed, crimes could fail to be solved and prosecuted, and your city could be hit with massive lawsuits if an untrained officer with no policy guidance shoots and kills a suspect or innocent bystander.

The JeffCo Sheriff’s Department will lead the Hillsboro PD for the immediate future. Hillsboro will have to decide whether to attempt to fix all these problems, or to turn policing over to the county. I tried to argue here that DeSoto should have taken the latter option, but no, residents there clung hard to the ideal of a local police force. Hopefully Hillsboro leaders will resist this uninformed impulse and let the better resourced, better trained, more capable county sheriff take over, and disband the Hillsboro PD. As Sheriff Dave Marshak said, “everyone in our county deserves a competent professional police force.”

 

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Police Purge at Byrnes Mill

9 Jan

In addition to the child molester in its ranks, Ryan Shomaker, the Byrnes Mill police department has parted ways with a number of other officers through firing and resignation in recent months in the wake of the big no-confidence incident that began in August 2018.

Back then, eight city police officers submitted a letter of no confidence, alleging certain offenses by Lt. Roger Ide. The Arnold PD was chosen to investigate, and its report synopsis is here.

In the aftermath, Police Chief Gary Dougherty was shunted over to the newly-created, cushy Director of Community Relations position. Ide was fired, but so was Kevin Schroeder, the guy who wrote the no-confidence letter. What kind of message does that send? Fire the guy causing a bunch of problems, but then simultaneously fire the guy who blew the whistle, who organized the letter after city officials ignored his privately-expressed concerns.

Here is the list of other signees of the letter. Those that are no longer with the BMPD, according to the city, are struck through. I do not know if these individuals (other than the first one) were fired, resigned, or forced to resign:

Cpl. James Iken – resigned

Jamie Mayberry

Mike Stivers

Justin Robinson

Chris Hancock (updated)

Jason Holt

Bradley Tritch

As you see, only half of those who spoke out have retained their jobs.

How Now?

I find it interesting that new BM police chief Frank Selvaggio is the one who turned the Shomaker case over to the JeffCo Sheriff. Selvaggio just took over as chief in late October. Shomaker had been abusing the kid, while serving as a reserve police officer, for over four years. How did the fact of this abuse escape all of the previous BM chiefs, but was immediately found out by Selvaggio? Were the other chiefs just that blind? Seriously, Shomaker “separated” from the BMPD only six days after Selvaggio arrived.

Update: A Leader article states that the BMPD came into contact with Shomaker’s victim on October 30 for an unrelated manner, at which time he reported the abuse.

 

Domestic Altercation at Home of Pevely Police Chief

26 Dec

According to a police report, the JeffCo sheriff’s department was called to the home of Pevely police chief Charles A. Moutray by his wife on the night of November 17, 2018 after a domestic altercation. The responding officer completed a probable cause statement against the chief for 4th degree domestic assault, but no arrest was made and the county prosecutor later decided not to press charges.

The physical incidents described in the report focused on Moutray’s wife’s attempts to view his cell phone. Moutray, who goes by Tony, is described to have flipped her over his body and off the bed onto the floor, where she struck her head. Later, Moutray is accused of breaking a door in order to unlock it and get to his wife, at which time he dragged her to the ground by her ponytail. He then left the residence before police arrived.

In Moutray’s statement, given to police at a nearby church parking lot, he claims his wife accidentally fell off the bed when reaching for his phone. He also claims he grabbed her by the neck in order to retrieve his phone so he could leave the house.

Domestic assault in the 4th degree is a Class A misdemeanor.

The city of Pevely does not appear to have taken any action in response to this incident, according to a review of minutes of closed sessions of board meetings.

Moutray was one of three Pevely officers involved in a 2016 arrest that led to an excessive force lawsuit and a $300,000 settlement by the city, which was finalized this past September.

 

November 2018 Election Notes

7 Nov

It was another big red GOP win in JeffCo, arguably even bigger than those of the previous eight years, despite the lopsided rejection of Right to Work by county voters in August that Democrat candidates thought would help carry them to some victories. Here are some notes:

-As STL Public Radio’s Jason Rosenbaum put it, “For the first time probably in Missouri history, Republicans now hold every single state legislative seat in Jefferson County.” This is thanks to Mary Elizabeth Coleman ending Mike Revis’ short tenure as the state rep for district 97 (he won the seat in February) and Mike McGirl breaking the Democrat (and JeffCo resident) stranglehold on the 118th district seat. A minority of the district resides in Washington County, as does McGirl, but JeffCo voters went for party over county in choosing him over DeSoto resident Barbara Marco. Also interesting – Marco’s treasurer was DeSoto city councilman Clay Henry.

-In countywide races, victorious GOP candidates averaged 58% of the vote. New county clerk Ken Waller, however, only squeaked by with a mere 51.5%. This suggests that a fair number of Republicans did not vote for him (approximately 7,000, it looks like), but not enough to help opponent and incumbent Randy Holman overcome the red wave.

-Her 32-year incumbency, Democrat affiliation, and pay increase lawsuit against the taxpayers were not enough to keep collector Beth Mahn from winning a 9th term with 52.7% of the vote, the only Democrat in the county to win yesterday.

-One race where money did not seem to matter was the county executive race, where Democrat Jeff Roorda outspent victorious Republican Dennis Gannon by about $46,000 to $21,000 (as of eight days before the election). Yet Gannon won the race by about the same margin as other countywide GOP candidates. I thought Roorda would have been more competitive. But I said the same thing in 2014 when he lost a Senate race to Paul Wieland.

-In another such race, Waller edged Holman while underperforming other Republicans even though he outspent his opponent by $128,000 (!) to $5,000 (again as of eight days out). That was almost a Beto O’Rourke-level of investment return for those who gave to Waller. Holman had about $10,000 in the bank as of that last report; perhaps he should have spent a little more of it.

-In addition to the county legislative delegation being entirely GOP, the county council is now entirely GOP, with lone Dem Dan Darian losing his race. With Waller’s divisive presence out of the way, it will be interesting to see what Gannon and the new council can do. Hopefully they will deliver on measures to improve economic growth and the business climate in our county.

Candidates Involved in Politician Pay Lawsuit

30 Oct

Here is a list of candidates appearing on your November ballot that are involved in the politician pay raise lawsuit in which they are seeking increased pay and pensions from JeffCo taxpayers:

  • Ken Waller, GOP candidate for county clerk – he has dropped out of the lawsuit, but worked hard as county executive to prevent the county council from paying the legal bills to fight the lawsuit. As county clerk, he could continue to interfere in the payments. Elliot Davis videos here and here.
  • Randy Holman, Democrat candidate for county clerk (incumbent). Elliott Davis video here.
  • Beth Mahn, Democrat candidate for county collector (incumbent). Elliott Davis video here.
  • Dorothy Stafford, Democrat candidate for circuit clerk (she was county auditor for 10 years).

Potential Byrnes Mill Solutions

26 Oct

I would like to propose three possible solutions for the residents of Byrnes Mill to pursue if they are interested in ending the constant parade of scandals and mismanagement in their city. That seems to be a rather large if, considering how long this has been allowed to go on, but I will offer these options anyway.

Run for Office

Year after year we see Byrnes Mill aldermen run for re-election unopposed. People can’t vote the bums out if there are no other options. Here is what happened in recent election years, as best as I am able to determine:

  • 2018: Three incumbents ran unopposed.
  • 2017: Three incumbents ran unopposed. The then-mayor, Susan Gibson, actually had an opponent, who she only beat by 17 votes.
  • 2016: Three incumbents ran unopposed (two incumbents).
  • 2015: Three candidates ran unopposed. There was competition in the mayor’s race, and Gibson won big.
  • 2014: Three incumbents ran unopposed (two incumbents). Jim McBroom originally had an opponent, but for some reason he was not on the April ballot.

You get the picture. The regime also apparently prefers to fill vacancies by appointment after officials leave in the middle of their term, instead allowing voters to select new blood. Three current aldermen and the mayor got their jobs in such a manner.

Byrnes Mill board members need election opponents. There will actually be four board members and the mayor up for re-election this coming April. Knock them out. The candidate filing period will be in December and January. But if you decide to file, make sure you have your ducks in order, because the city will investigate every possible reason to kick you off the ballot.

Get a State Audit

While it is true that the city recently started doing an annual financial audit after years of not doing them, what Byrnes Mill really needs is a state audit, as was done on the Fox school district and is now being done on the DeSoto school district. Instead of just looking at balance sheets, the state auditor looks at “financial accountability, waste, opportunities for fraud, and whether government organizations and programs are achieving their purposes and operating economically and efficiently.” Does this sound like something Byrnes Mill needs? The Fox audit uncovered the depths of disgraced former superintendent Dianne Critchlow’s theft from the district. An audit of Byrnes Mill would perhaps bring to light things that the city prefers to keep hidden.

As part of the audit process, the auditor’s office will meet with local residents and ask for their input about what areas to look into. Before the DeSoto audit started, such a meeting was held, and it was closed with only a certain group of residents present, so that nosy school officials could not check out who was airing the district’s dirty laundry.

Through the petition process, BM residents can force an audit without the city’s consent. The process is as follows:

  • Submit an audit request form, which lays out the public’s concerns. While the concerns are confidential, the name of the person who sent for the form is public record, so beware of retaliation.
  • The auditor’s office will use that form to come up with a cost estimate for the audit (the city has to pay for it). The auditor will then provide signature forms.
  • For Byrnes Mill, only 274 signatures from city residents who are registered voters would need to be collected to force an audit, according to my calculations (15% of 1,823, the number of people from Byrnes Mill who voted in the 2016 race for governor). That seems to me to be eminently doable.
  • The person that submits the signatures to the auditor must also be a resident. The name of this person and all of those who sign is a public record.
  • The county clerk will verify that people who signed the petition are eligible. At this point, the city goes on the list of entities to be audited.

This would require a small group of committed individuals to organize the process and go out and collect the signatures. Be sure you collect more than enough signatures, in case some get thrown out. Again, make sure you follow the rules to the letter to make sure the process gets completed successfully.

Disincorporate the City

The nuclear option would be the disincorporation of the city. It would then become an unincorporated part of the county. To make this happen, residents would have to collect approximately 708 signatures (25% of the city’s 2,832 registered voters). When the signatures are certified, the county places a disincorporation question on the ballot, and a majority vote in the city would be needed to pass it. (Recent example here).

This is a legitimate option because the city seems to have trouble collecting enough revenue. For years the city used traffic tickets to bolster its bottom line, but SB5 a few years ago put a 20% cap on the amount of city revenue that could come from that source (over the city’s vociferous objections). Periodically, the city talks about trying to annex land, like the High Ridge Walmart, in order to seize the sales tax revenue. Lately, the city has turned to tax hikes. Three measures (two sales tax, one property tax) were shot down in 2017, in a welcome sign of life from BM voters. They tried again with the sales taxes in 2018, and one of the two passed.

So, BM residents, you have a few options if you want to clean up your city. I hope you will seriously consider them.

Byrnes Mill Investigation Update

19 Oct

Ralph Waldo Emerson once said “When you strike at a king you must kill him,” meaning that if you don’t, royal retaliation will be swift and severe. I think this quote is relevant to the current situation in Byrnes Mill. Eight valiant police officers made a declaration to city leadership of no confidence in police lieutenant Roger Ide, putting their careers at risk to expose wrongdoing. However, they must finish the job and metaphorically overthrow the regime in the city, or it will strike back and the status quo will be preserved.

We have begun to see this manifested, as the powers that be in Byrnes Mill have struck back at the whistleblowers. While Ide has been suspended without pay, according to the Leader, so has Kevin Schroeder, the officer who wrote the letter. In addition, another signee, James Iken, has resigned. All indications are that he was pushed out. There may have been other officers punished, but the city is, of course, refusing to comment. The police chief, Gary Dougherty, seems to be in limbo as well.

Given the pushback, it seems that the officers and anyone else with knowledge has gone to ground, refusing to talk at all about what is going on. While this is understandable, the fact is that the battle is now engaged. The city will fight to bury this story and punish those who went rogue, hoping it all blows over. But this needs to stay in the news. We need to know the lengths to which the city is going to quash this, and what kind of punishments they are handing out. Also, who is doing the punishing? The police chief seems to have totally removed himself from the situation. Shouldn’t he be the guy running the police department? What are the mayor, city administrator, and board of alderman saying and doing?

Arnold: Questionable Choice

One part of the strategy to get past this episode with minimal repercussions, I think, is that the city chose the Arnold PD, of all places, to investigate. Had Byrnes Mill chosen the county sheriff, as did De Soto during their recent turmoil, people would have had faith in the outcome. But the ties between Byrnes Mill and Arnold are enough to give one pause.

The crux of the connection between the two entities is that they share the same city attorney, Bob Sweeney. Sweeney has, in both places, acted in a questionable manner to preserve the ruling regimes, primarily by selectively kicking candidates off the ballot. He has an interest in protecting the status quo, because changes in city government could cause him to lose a client. Sweeney was fired from Arnold in 2010, but he helped get his cronies back into power and he was quickly rehired. So what is good for the ruling regimes is good for Sweeney, so he probably wants to help quash this.

Arnold has a history of poor investigating. They hired out to a private individual to do an investigation of what I believe were politically-motivated harassment allegations in 2013. The results of this investigation were, as I wrote, shockingly shoddy. The council originally refused to pay for the abomination, but again, after an election, the new cronies came in and handed over the cash.

In an interesting coincidence, one or more officers in 2007 wrote an anonymous letter making allegations against Arnold police department officers, including the chief. While denying all the allegations, the city (and Sweeney) went after a former officer that they claimed wrote the letter, even filing a lawsuit against her (07JE-CC01259 – CITY OF ARNOLD ET AL V SONIA ADAMS). Some of the allegations in the suit involved the guy who is still chief of the Arnold police, Robert Shockey, selling items from his personal business to the city. I exposed this activity in 2014 (the above incident was before my time), leading to a front-page story in the Post-Dispatch. This provides reason to believe that other denials by the city of Arnold were lies. And so now we have the city of Arnold investigating another incident of officers making credible claims of wrongdoing against their leadership. And you wonder why people are skeptical of this arrangement? Arnold has experience in dismissing accusations it does not like and then retaliating against whistleblowers.

Byrnes Mill does too, allegedly. In 2014, former interim chief Michael Smith filed a lawsuit alleging that he was fired after refusing orders from then city administrator Larry Perney (now with Manchester) to fix tickets, enforce ticket quotas, and not do checkpoints. Smith was suspended and told to resign the very day he reported these accusations to Bob Sweeney. Smith was awarded a settlement by the city. It should be noted that Smith pled guilty to wire fraud this year but got no jail time. Yet nothing changes in city hall. It is a regular den of thieves.

It should also be noted that Sweeney has a brother who is an Arnold cop.

Willful Ignorance Among City Leaders

I would like to highlight a couple of statements that show how ridiculous city leaders are. In the Leader article, it mentions that deputy city clerk Tracy McAfee resigned from the city. Mayor Rob Kiczenski says he does not know why. But I understand McAfee submitted a resignation letter to the city, laying out in detail what her complaints were. So Kiczenski is seemingly lying.

Here is a comment that alderman Bob Prado made on Facebook:

prado comment1prado comment2

Here’s the thing. This was written on about September 8, two weeks after the board voted to have Arnold do its investigation. Yet in desperation to deny the accusations, Prado is still peddling the idiocy that the letter could be a forgery or fabrication. He also acts like he is sticking up for the eight officers, when in fact his board is aiding and abetting the retaliation against them.

Advance the Attack

Back to my original analogy, now is the time for the valiant officers, and other right-minded city employees, to tell their tales publicly. Let us know what is going on behind the curtains through all these scandals. You don’t have to necessarily identify yourself – you can speak anonymously (I can help). This story needs continued attention if it is going to lead to change in Byrnes Mill, whether through the ballot box or outside intervention. Otherwise, things will just return to the status quo, like they did after previous scandals in the city and police department.

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