Tag Archives: recall

Waller Withdraws from Pay Suit, Lashes out at Councilwoman

24 Jun

Only four days after a recall effort was launched against him, Jefferson County Executive Ken Waller (GOP) buckled under public pressure and withdrew from the elected official pay lawsuit as one of the large group of plaintiffs seeking a retroactive pay hike (they claim they just want clarification on the charter from a judge, but come on), becoming the second politico to do so, after outgoing assessor Terry Roesch, a Democrat. Waller’s participation in the lawsuit was the number one complaint listed in the recall petition notice.

In the current edition of the Leader, Waller admits that the recall had a “small part” to play in his decision to withdraw. He also raises an interesting question:

“I don’t know what effect my withdrawal from the suit will have on whether I would share in back pay or benefits if the judge rules that way. That didn’t play into my decision to get into the suit, and it didn’t play into my decision to get out of it.”

It may not make a difference if Waller has his name on the suit or not. If the money-seeking politicians win, in theory every countywide elected official who has served since 2010 would be eligible for a payout. On the other hand, I hear that Waller played a role in helping recruit elected officials to join this suit. I suspect this was to make a show of force to the court and to spread the predictable political backlash out amongst more people. Given the above uncertainty, Waller needs to come out and state unequivocally that he will accept no lawsuit-related payouts from taxpayers if this suit succeeds. But I doubt he will, because this suit is all about the money.

Along with ending the negative attention and trying to thwart the recall, perhaps another reason Waller dropped out is that he read this devastating motion from the county’s defense team to dismiss the lawsuit and realized his lawsuit is weak. This motion is rather savage:

Setback in Another Lawsuit

Waller’s other lawsuit against the county, which is the legal equivalent of a temper tantrum, was filed because the county council went against his desire to take for himself the right to remove (or not) people from county boards for missing too many meetings. This case was dismissed by the judge this week, since Waller sued the wrong entity and did not set forth an actionable claim. Waller was given until the end of the month to file an amended lawsuit. I suspect that if he can’t sue the council that he is unable to get along with and tries to use as a punching bag, he may not bother to go forward with the suit. Here was the motion to dismiss in this case, another barnburner:

Waller Lashes Out

Two weeks ago the Leader reported on Waller’s effort to gut the county council’s ability to defend against Waller’s lawsuits by trying to cut the funding for hiring outside attorneys. He wanted to reduce the amount set aside from $100,000 to $25,000, claiming a desire for fiscal responsibility. Of course, if Waller was really fiscally responsible he wouldn’t SUE THE COUNTY TWO TIMES. Councilwoman Renee Reuter (GOP) rightly put Waller in his place:

“The use of decision-making authority for the purpose of financial gain constitutes a conflict of interest. The penalty for violations of conflict of interest is criminal in nature,” she said, punishable first by a fine and on subsequent offenses, possible jail time. She also noted that under the county charter, “any officer or employee of Jefferson County who willfully violates the conflict of interest section should forfeit their office.”

Right on. Can you imagine if President Trump tried to cut the FBI budget right now, how media heads would explode? Or what if St. Louis County executive Steve Stenger, who has engaged in numerous efforts to reward donors, did something like this? The St. Louis media would be all over it. But since we’re just JeffCo, this won’t get much notice. But basically you have Waller trying to use his position to interfere in his own lawsuits to help himself win.

Well, Waller was apparently not too happy about being taken to task. While the Leader‘s Pat Martin likes to portray Waller as an aw-shucks country public servant, the fact is that Waller is a knife fighter. His revenge against Reuter was delivered Thursday, when he released an executive order removing her from her spot as one of Jefferson County’s representatives on the East-West Gateway council, a regionwide group that allocates federal transportation funding. I don’t know what Waller’s official rationale for this move is, but it is hard to see this as anything other than political payback. Waller whines in this week’s Leader that the recall effort against him just a personal vendetta, while at the same time engaging in actions like this. Maybe we should add a bullet point about hypocrisy to the recall petition.

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