Sunday, April 14, 2024

War between Newton County officials escalates, may have contributed to Jim Otey's retirement announcement

 


The ongoing war pitting Newton County Commissioners against County Treasurer Gina Rodriguez and County Recorder Jenny Childers has apparently recorded its first casualty.

Documents filed Thursday in Newton County Circuit Court perhaps provide good reason why County Collector Jim Otey decided to announce his retirement. It wasn't mentioned in his announcement, but he understandably was tired of the nonsense.

The motion for contempt filed by Carthage attorney William Lasley representing Childers, asks 15th Circuit Court Judge Dennis Rolf for an order of contempt against commissioners Daniel Swem, David Osborn and Alan Cook (pictured) for violating the order Rolf issued June 15, 2022 preventing the commissioners (at the time Bill Reiboldt, Jim Jackson and Cook) from taking control of Childers' discretionary funds.







In the motion for contempt, Lasley alleges Cook is the ringleader behind recent actions against Childers and Rodriguez.

Cook is believed to be the main instigator and chief provocateur of the contemptuous actions described hereinafter but Swem and Osborn have supported and helped implement them, as well.


The motion alleges the commissioners, "reportedly led in those efforts by Cook" contacted officials at First Community Bank in Neosho, the county's depository and asked that three names, those of the presiding commissioner, county auditor and county clerk be added to the bank's signature card.

"The effect of such action would be that all checks including checks for Plaintiff Childers' (pictured left) above-described discretionary funds, would thereafter require the signatures of four people before the discretionary funds could be spent."

Lasley said the action would put the County Commission in control of the recorder's expenditures and would be in violation of Missouri state law that "allows only the county treasurer to draw checks upon the county depository."







The Commissioners passed a banking resolution December 7, 2023 to put the edict into effect, but the bank manager refused to go along with the change unless it was approved by the presiding commissioner, county clerk, county auditor and county treasurer.

The motion says the commissioners opted for a different route after the setback and decided the change banks and solicit bids for a new depository.

That caused the county collector to begin asking questions.

The Newton County Collector, Jim Otey, who by law is responsible for collecting county funds and depositing them into the county depository, which is only about 150 feet from his courthouse office, and which pay good interest and provides efficient service and is convenient and safe for him to transport checks and cash for deposit.

Otey had not been kept in the loop about the commissioners' plans, according to the motion.

When he learned of that bid, he complained to the presiding commissioner, Mr. Swem, about the decision to rebid the depository business, Mr. Swem confessed to Otey that the Commission's motive in doing so was 'to get at Gina.' "

The motion says that on March 14, the Commission passed a resolution "Relating to Warrant Process for Discretionary Funds," which Lasley claims "illegally permits the County Commission to 'audit, adjust and settle all accounts to which the county is a party and order the payment out of the county treasury any sums of money found to be due on such accounts."

Lasley concludes his motion by asking Judge Rolf to fine the commissioners, "especially Commissioner Alan Cook," order the commissioners jailed "if the court finds it appropriate" and require them to cover Childers' attorney fees and costs.







More information about the original lawsuit filed by the treasurer and recorder against the commissioners can be found at the links below.

The Turner Report: Newton County recorder, treasurer win legal battle against county commissioners (rturner229.blogspot.com)

The Turner Report: Civil War in Newton County Courthouse- Recorder, treasurer claim Commission trying to intimidate them, interfere with their duties (rturner229.blogspot.com)

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37 comments:

Anonymous said...

More of Cook and Osborn wasting county funds over legal fees. Cook didn't file for reelection and Osborn filed as treasurer. Both are trying to make current treasurer Gina Rodriguez look bad so Osborn will get elected and have a job.

Anonymous said...

What a complete and total embarrassment to the residents of newton county. An absolute shit show: rape and mismanagement by negligence and nepotism in the school district, benny baker and drag queens at the library, and now a petty catfight between elected officials who have been in office too long at the county level. I guess I'll go spend time at Walmart to be reminded of how these "leaders" effect the the general population. They have nothing to be proud about when you witness obesity and hopelessness first hand.

Anonymous said...

There is much more to this story that will be revealed.

Anonymous said...

Can’t wait for the commission to be blamed for another baseless lawsuit filed against them by someone else.

Anonymous said...

When the truth about the county treasurer starts to come to light she has her cronies file frivolous lawsuits for her personal vendetta against the Commission.

Anonymous said...

The only person wasting county funds over legal fees is Rodriguez's cronie Childers. Just like last time the women in the courthouse file lawsuits against the commission and blame them for waste of county funds.

Anonymous said...

The complete and total embarrassments to Newton County are the Treasurer's office and Recorder's office wasting county funds on frivolous lawsuits for the personal vendetta they have against the Commission. Twice now.

Anonymous said...

Do you mean single signature checks that shouldn't of even been written by the Treasurer?

Anonymous said...

Sounds like Rodriguez is looking to persecute her opponent in the upcoming primary election. Sounds like a Democrat tactic. Rodriguez must be a RINO.

Anonymous said...

Is that why they have lost all three baseless lawsuits?

Anonymous said...

Otey tired of nonsense? Hmm. Could it possibly be that he was shown a statute regarding the distribution of taxing districts checks? Could it be possible that the Commissioners' "high dollar" TIF attorneys found a $350,000 taxing district check ERROR that Rodriguez wrote to the City of Neosho? Could it possibly be that he was Sunshined for tax records?

Anonymous said...

One lawsuit was won. One lawsuit was settled, which on that one, the attorney fees were offset by finding the $350,000 mistake by the Collector and Treasurer. The IT lawsuit was lost, which was a shame because now only 95% of the IT protection is unified.

Anonymous said...

Exactly, the women in the courthouse file lawsuits against the commission and blame them for wasting county funds. Twice now the Treasurer and Recorder have wasted money on frivolous lawsuits.

Anonymous said...

Or….. You are the Commissioner’s cronie. Nice try David Osborn and family!

Anonymous said...

Or….. You are a crony of the Commissioners. Nice try David Osborn and family. We can see through the bull!!

Anonymous said...

Funny the commioners were found in the wrong by a Judge the 1st time, and probably will be this time. They settled with the City of Neosho and have spent at least $500,000 remodeling the old Jon's pharmacy (also court ordered) instead of letting the Presiding Judge use the historic courtroom. What a pair of losers.

Anonymous said...

Cook and Osborn are power hungry. Cook is bitter he lost the last election. Osborn had planned to be a Republican star with his early appearance on Fox News that went nonwhere. Swem has fallen in line with them. The whole commission needs to go. They have wasted hundreds of thousands of dollars out of spite.

Anonymous said...

Alan, since Kathy passed, are you having to write your own commentary?

Anonymous said...

Oh my gosh! 4 officials would have to sign off on all checks! How outrageous, a mid life crisis for Rodriguez and Childers. So they sue because they don't like oversight of public funds? How ridiculous. Rodriguez and Childers are just wasting taxpayer money because they hate oversight.

"all checks including checks for Plaintiff Childers' (pictured left) above-described discretionary funds, would thereafter require the signatures of four people before the discretionary funds could be spent."

Anonymous said...

The power hungry maniacs in the Courthouse are Childers and Rodriguez. Trying to jail the Commissioners, that's what you call a power hungry maniac. Political persecution at its finest, just like democrats do with Trump. Rodriguez and Childers must be RINO's. The real waste of tax money comes from Rodriguez and Childers filing frivolous lawsuits for their personal vendetta they have against the commission, using their positions of public trust for personal reasons, wow.

Anonymous said...

Why are Childers and Rodriguez trying to jail the Commissioners? They must be some real physcopathic power hunger maniacs, they need voted out of office. Must be Democrats, they sure are using democrats tactics. Political persecution.

Anonymous said...

Newton County really does have a pair of losers, Rodriguez and Childers wasting the tax money on frivolous lawsuits for the personal vendetta they have against the commission. The only people who have lost in the 2 costly lawsuits from the pair of losers Rodriguez and Childers have been taxpayers. Time to vote Rodriguez and Childers out of office.

Anonymous said...

Maybe Rodriguez and Childers are suing to stop the change in depository, and stop oversight on all checks. Truly, they are psychopathic power hungry maniacs. Why don't they want a higher rate of return for Newton County tax dollars? Not only that, the 2 psychopaths in the courthouse are wasting the tax money on lawsuits.

Anonymous said...

I'm just a concerned citizen.

Anonymous said...

Maybe the 2 psychopathic children in the courthouse Rodriguez and Childers are just big mad at the Commissioners for doing their job and following the state statutes, the law. So childish, they also hurt taxpayers for wasting tax money on this frivolous lawsuit. Rodriguez and Childers have got to go. Vote them out.

Anonymous said...

These two, Rodriguez and Childers, file a frivolous lawsuit for topics supported by Missouri state statutes and by recommendations of the Newton County Prosecuting Attorney. Priceless.

Anonymous said...

No wonder Otey retired. The toxic tyrannical psychopathic control freaks Rodriguez and Childers are always suing someone wasting the tax money. The toxicity in the courthouse definitely stems from Rodriguez and Childers.

Anonymous said...

Rodriguez and Childers sure are spend it big liberals when they get big mad at the Commissioners for doing their job and following state statutes. Costly frivolous lawsuits from the liberals of the courthouse, Rodriguez and Childers spending the tax money all day everyday.

Anonymous said...

Thank you to the county commissioners for passing a banking resolution and delivering oversight for county funds. Those psychopathic ladies sure are control freaks. Rodriguez and Childers just reek of toxicity in the courthouse, vomiting hate and discontent. They got to go.

Anonymous said...

Boy oh boy, Rodriguez and Childers are just the narcissistic psychopaths of the courthouse always suing someone because they have to be toxic control freaks.

Anonymous said...

What kind of toxic tyrants do Rodriguez and Childers think they are. Hurting us taxpayers because they have to be psychopathic control freaks spending the tax money up big on frivolous lawsuits.

Anonymous said...

537 is an ignorant MAGAt fool. This is entirely MAGAt infighting at its deplorable best. Listen to what's happening with MAGAts at the state and federal level. The evil, vile, and disgusting policy rhetoric of MAGAt world is imploding upon its white nationalist ass.

Anonymous said...

I'm not Alan, I'm just a concerned citizen.

Anonymous said...

The courthouse is an absolute toxic shit show from hell, thanks to Rodriguez and Childers. It's quite literally a dumpster fire burning pirate death ship. Thank you Rodriguez and Childers for making it that way. You two ladies owe all us taxpayers an apology for your costly frivolous lawsuits.

Anonymous said...

You got that right, a shit show from hell thanks to Rodriguez and Childers.

Anonymous said...

This is crazy, Rodriguez and Childers have got to go. The toxic ladies of the courthouse that spend that tax money up big on frivolous lawsuits got to go.

Anonymous said...

As a concerned citizen who wants to stay aware of our local politics, so this is confusing. I can see the cat fighting. It's everywhere. Can somebody explain what is meant by 350,000 mistake by the Treasurer and our Collector, and was the Collector violating statutes?