In a motion for a preliminary injunction and temporary restraining order filed Tuesday in Newton County Circuit Court, Recorder of Deeds Jennifer Childers and County Treasurer Gina Rodriguez accused Presiding County Commissioner Bill Reiboldt and associate commissioners Alan Cook and Jim Jackson of issuing orders that interfere with the operations of their office and the office of County Clerk Tami Owens and of attempting to intimidate them.
Owens is not a party to the legal action.
The petition alleges that actions the Commission took in June also grant the Commissioners and Stronghold Data, a company the Commission has hired, access to "sensitive records and information which is restricted from the public and other offices, including, but not limited to, military discharges."
The actions also give them access to the Missouri Centralized Voter Registration System, "which has been deemed critical infrastructure by the United States Department of Homeland Security and is not accessible, other than to the County Clerk," according to the petition
The Commission also ordered the treasurer not to pay any checks for the recorder's office without the Commission's approval.
The recorder and treasurer are asking for the court to issue a temporary injunction until the issue is decided and a restraining order preventing Stronghold Data from entering the offices, unless they are entering as customers.
Rodriguez is represented by Carthage attorney Bill Lasley and Childers by Joplin attorney Karl Blanchard.
The commissioners' alleged actions are described in the petition.
On June 24, 2020, the Defendants issued four illegal and lawfully unauthorized "Orders" directed to Plaintiff Gina Rodriguez, Newton County Treasurer, to Plaintiff Jennifer Childers, Newton County Recorder of Deeds and to Tami Owens, Newton County Clerk.
The said "orders" were not issued by any court of law.
The afore described " orders " " ordered " Treasurer, Gina Rodriguez, to provide to the Defendant County Commissioners all invoices which the County Treasurer has paid for the year 2020 and further ordered the Treasurer not to pay checks for Recorder's Office expenditures without prior approval from the Commission.
Additionally, the " order s " told Plaintiffs and the County Clerk to provide "discovery access" to their respective offices' computers, equipment and domain and infrastructure devices to a company known as "Stronghold Data" and further, to provide Stronghold Data with written credentials (e.g. passwords) to allow Stronghold Data access to the three offices and their computers.
The afore said " orders" further stated that if the said office holders did not grant said access and provide written domain and infrastructure credentials (i.e. passwords) to Stronghold Data, access to the three office holders' offices and computers would be achieved by Defendants after the offices' closing hours.
Additionally, on June 24, 2020, the said Newton County Commission issued an email directive to all Newton County office holders forbidding any county official from allowing Mr. Michael Keels and Mr. Kevin Pruitt access to any Newton County Building. Mr. Michael Keels and Mr. Kevin Pruitt are information technology (i.e. computer) providers and services of the Recorder's Office's computers, the computers of the offices of the County Treasurer and those of County Clerk .
The said actions of the said Defendants are unlawful, invalid and beyond their legal authority, as the County Recorder of Deeds, Newton County Treasurer and the Newton County Clerk are each duly and independently elected county officials, whose duties are defined by statutes and who take oaths to support the Constitution of this state.
No statute or case law provides authority for the Commissioners' said "Orders" or for their e - mail letter. No statute or law requires Plaintiffs to follow these unlawful "Orders".
Upon information and belief, Defendants' said actions are intended to require the Plaintiffs and the County Clerk's office, to employ Stronghold Data as their sole computer service and information technology provider to the exclusion of any other provider, so as to allow the Defendants and Stronghold Data access to the daily operations and internal communications of the Plaintiffs' independent offices, in order to control, intimidate and interfere with Plaintiff office holders and their staffs .
The said action of the Defendants, in requiring the County Treasurer to submit all invoices which she has heretofore paid from January 1 to June 29, 2020 and in forbidding her to write checks for expenses incurred by the Recorder's Office without prior approval of the Defendants oversteps the Commission's legal authority and attempts to impinge upon the independence and autonomy of the Plaintiff Recorder of Deeds and upon the independence and autonomy of the County Treasurer and the County Clerk.
Whatchu doin Newton County?
ReplyDeleteI wouldn't trust those three any further than I could throw them! SMH!
ReplyDeleteSounds pretty dangerous letting those power hungry POS's have access to the offices of duly elected officials who operate seperately than the commission
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