Newton County recorder, treasurer win legal battle against county commissioners

A two-year battle between Newton County officials came to an end Wednesday with Judge Dennis A. Rolf ruling in favor of Newton County Recorder Jenny Childers and Treasurer Gina Rodriguez in their lawsuit against Newton County Commission members.

The judge's ruling allows Childers and Rodriguez to hire their own IT experts and orders their court costs to be paid out of the portion of the county's general revenue fund used by the Commission. Otherwise, the costs are assessed to the defendants, according to the ruling.

The victory was not a complete one for the Childers and Rodriguez. Judge Rolf denied their request to prevent the commissioners from entering their offices.

The officeholders asked for an injunction against the commissioners after they hired Stronghold Data to handle IT work for all county offices, giving the company access to "sensitive records," according to the petition. The officeholders already had an IT professional and were told he would no longer have access to their computers.

The officeholders accused commissioners Alan Cook, Jim Jackson and Bill Reiboldt of attempting to intimidate them.

The commissioners' actions were put on hold until the court case concluded.

In his ruling, Rolf noted that Childers pays for a separate internet connection, which Rodriguez also uses and provides it free of charge to Newton County taxpayers, providing more bandwidth for other county officeholders.

From the ruling:

Childers, as duly elected Recorder of Deeds for Newton County, had authority under §59.319 and §59.800 RSMo. to utilize Recorder's user fee funds kept separate from general funds and which are to be used only by the Recorder's office and spent at the sole discretion of the Recorder of Deeds to bring internet into her office and for maintenance of her office's technology.

Defendants had a right to review the expenditures made by Childers but not to control or restrict her use of the funds generated pursuant §59.319 and §59.800 RSMo.

Pursuant to §49.270 RSMo. a “county commission shall have control and management of the property, real and personal, belonging to the county." The Newton County Commission, as manager of county property, has the authority to exclude individuals from Newton County property at the risk of subjecting the county to potential liability if it wrongfully does so.

Section 49.510 RSMo. imposes a duty on Newton County “to provide offices or space where the officers of the county may properly carry on and perform the duties and functions of their respective offices” and to “maintain, furnish and equip said offices and provide them with the necessary stationery, supplies, equipment, appliances and furniture, all to be taken care of and paid out of the county treasury of said county at the time and in the manner that the county commission may direct."

Plaintiffs in their capacity as Newton County officeholders have the right to manage their offices as necessary for the performance of their elected positions.

***

Relive the people, places and events that made living in Newton County, Missouri, in the '60s, '70s and '80s memorable.

Newton County Memories by Randy Turner is available at Always Buying Books, Changing Hands Book Shoppe and The Book Guy in Joplin and online through Amazon.
 

A signed copy can be ordered at the Paypal button below or by sending $25, including shipping and sales tax to Randy Turner, 2306 E. 8th, Apt A, Joplin, MO 64801.