The response was filed in Newton County Circuit Court Friday, three days after Recorder of Deeds Jennifer Childers and Treasurer Gina Rodriguez filed a legal action asking for a temporary injunction and a restraining order against Presiding Commissioner Bill Reiboldt and associate commissioners Alan Cook and Jim Jackson, following a June 24 order requiring them to provide Stronghold Data, a firm they hired, access to their offices, computers and passwords. The Commissioners also ordered that tech workers hired by the county officeholders no longer be allowed access to their computers.
The Commission's attorney, Ivan Schraeder, St. Louis, gave ground on only two claims made by the plaintiffs. He admitted that Childers and Rodriguez are elected county officials and that the Commission issued the order.
Otherwise, the response indicates, Childers and Rodriguez don't have a leg to stand on.
The Commission asked that the request for a temporary injunction and a restraining order be denied, providing the following reasons.
-The plaintiffs' petition claims interference in the operation of the county clerk's office, but the county clerk is not a party to the action.
-The Commission never authorized Childers and Rodriguez to hire their own technical workers. The commissioners hired Stronghold Data to "managed the county's computer services and information technology."
-The Commission is "the county board responsible for control and management of Newton County property
-The Commission has not asked for access to sensitive information, but only access to any information that is available to the public under the Sunshine Law.
-Childers and Rodriguez have not indicated that they hired their technical providers through the bidding process required by state law.
In the officeholders' legal action, they claimed the commission would have 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,"
The Commission also ordered the treasurer not to pay any checks for the recorder's office without the Commission's approval.
The Commission also ordered the treasurer not to pay any checks for the recorder's office without the Commission's approval.
During a telephone conference Friday with the judge who is handling the case, Dennis A. Rolf, Schraeder, on behalf of the Commission, agreed to suspend the orders until the officeholders' legal action is decided.
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2 comments:
Fling it at the wall and see if it sticks!
Probably at $500.00 an hour!
In follow up to the commissioner's rebuttal, it would be enlightening to ask them to further explain:
1. "Court Order" requiring the use of Stronghold, prohibiting the Treasurer from paying invoices from the recorder's office without commission approval, and requiring Treasurer to provide copies of all bills paid from Jan to present. What statute authorizes Commissioners, not a judge, to sign court orders?
2. "County board responsible for control and management of Newton County property." From reading the injunction this does not seem to be disputed by the officer holders, what is objected to is the Commissioners dictating how other duly elected office holders run their offices. What statute gives Commissioners this authority?
3. "Commission has not asked for access to sensitive information." While the information requested from the Treasurer is publicly available information, according to the Commissioner's "Court Order" the Commissioners are demanding a paper copy of every bill paid by the Treasurer from Jan 2020 to present from a large number of funds. Justify how the volume and timeline is both necessary and reasonable. However, demanding access to all computers in both the Recorder, Treasurer, and Clerk's offices would seem to make them privy to sensitive information.
4. "Technical providers not hired through the bidding process." Did the Commissioners inquire as to the total cost involved, which would determine whether bid process was required by state law?
5. "Ordered the treasurer not to pay any checks for the recorder's office without the commission's approval."(found in the "court order") Again, what statute gives the commissioners authority over the legal and established duties of other elected office holders?
Additionally, it would be extremely helpful for the press to investigate the rumor that the Commissioners sent a Sheriff's deputy to the private residence of the technical provider involved in this dispute, threatening them with trespassing if they entered county buildings in any capacity other than as a private citizen, to prevent them from working for the Recorder, Treasurer, or Clerk.
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