A motion for a temporary restraining order to put a halt to the June 5 impeachment hearing for Carthage Mayor Dan Rife was filed today in Jasper County Circuit Court.
Rife and two Carthage residents, William E. Scheerer and Jeffrey J. Hole, filed the petition, which also asks that Rife's vetoes of the substitute impeachment resolution and a subsequent substitute resolution be declared in effect and not overridden by the City Council.
From the petition:
On May 17, 2024, at a special meeting of the City Council, the Council voted to adopt Substitute Resolution 2042. At that same meeting, immediately following the vote of the City Council, the Mayor advised the Council he was exercising his power to veto Substitute Resolution 2042 pursuant to Section 4.7 of the City Charter.On May 20, 2024, the City Council met in special session at 6:30 p.m. CDT. The only item on the agenda was “Reconsideration of Substitute Resolution 2042 - A Resolution concerning the removal of Dan Rife from the office of Mayor of the City of Carthage."
A true and accurate copy of the Agenda for the Special City Council meeting on May 20, 2024, is attached hereto as Exhibit 4. The agenda for the special meeting on the 20th notwithstanding, the City Council took no action regarding Mayor Rife’s veto of Substitute Resolution 2042 at the meeting.
At another special meeting on May 21, 2024, the City Council read and considered Council Bill 24-27 – Ordinance concerning the removal of Dan Rife from the office of Mayor of the City of Carthage.
At the May 21st meeting, the City Council voted to pass Council Bill 24-27. At the next regular meeting of the City Council on May 28, 2024, Mayor Rife returned Council Bill 24-27 to the City Council with his objections, pursuant to terms of the City Charter.
The Council engaged in considerable discussion regarding Mayor Rife’s veto but took no further action regarding Council Bill 24-27.
The City Council has simply ignored Mayor Rife’s vetoes of Substitute Resolution 2042 and Council Bill 24-27.
The City Council is directing City staff to make the necessary arrangements for the impeachment process set forth in Substitute Resolution 2042 and Council Bill 24-27.
The City Council has hired Mr. Paul Martin, a well-respected attorney, as a special prosecutor and general counsel for the Impeachment of Mayor Rife. The City Council has engaged another well-respected attorney with considerable experience, Mr. Tim Engelmeyer, to serve as the hearing officer during the Impeachment proceedings.
The actions of the City Council have created chaos and confusion as to the validity of Substitute Resolution 2042 and Council Bill 24-27. Unless this Court restrains the City Council from conducting the scheduled hearing regarding the Impeachment of Mayor Rife on June 5, 2024, he and the Citizens, representatives of more than 15,000 citizens of Carthage, will suffer immediate and irreparable harm.
The record on the journal of the City Council leaves little doubt the City Council intends to “convict” Mayor Rife of at least one of the charges alleged in Substitute Resolution 2042 and Council Bill 24-27.
Even if Mayor Rife is not convicted, the Citizens and the City will be put to considerable time, trouble, and expense if the Impeachment proceedings are conducted without the proper authorization of the City Council.
The situation is untenable for Mayor Rife and the Citizens. Mayor Rife believes, in good faith, that he has properly exercised his authority under the City Charter. If his veto is effective, Mayor Rife will refuse to take part in an impeachment process not properly authorized by the City Council.
On the other hand, if Mayor Rife’s vetoes of Substitute Resolution 2042 and Council Bill 24-27 were not effective for any reason (Mr. Martin has suggested several), Mayor Rife will fully and honestly participate in the impeachment process pursuant to any valid ordinance, the Missouri Constitution, and any applicable Missouri statutes.
WHEREFORE, Mayor Dan Rife, William E. Scheerer, and Jeffrey J. Hole respectfully request this honorable Court:
1) restrain the City Council of Carthage, Missouri from conducting the scheduled impeachment hearing on June 5, 2024;
2) declare Mayor Rife’s veto of Substitute Resolution 2042 on May 17, 2024, is effective and has not been overridden by the City Council, and
3) declare Mayor Rife’s veto of Council Bill 20-27 on May 28, 2024 is effective and has not been overridden by the City Council. In addition to the relief requested above, Mayor Dan Rife and the Citizens request any further relief and/or guidance the Court deems proper under the circumstances.
The attorney representing Rife, Scheerer and Hole, Christopher A. Thornton of Aegis Law in St. Louis, also filed suggestions in support of the restraining order motion and a motion for an order to show cause asking that the city council be required to appear and show cause why the motion shouldn't be granted.
Online Jasper County Circuit Court records indicate Division III Judge David Mouton has already recused himself from the case and it has been transferred to Division I Judge Gayle Crane.
The hearing to consider the articles of impeachment against Rife is scheduled for 4 p.m. Wednesday, June 5 at City Hall.
The council is scheduled to discuss the appointment of an interim city administrator when it meets 6:30 p.m. Monday.
The appointment became necessary after Rife issued the following news release Thursday saying City Administrator Greg Dagnan was fired effective today and backing away from his stance that the City Council could not fire Dagnan because removing him required both the approval of the council and the mayor.
To the citizens of Carthage, Missouri:
I wish to provide an explanation for the City’s dismissal of City Administrator Greg Dagnan effective May 31, 2024.
According to the City Charter, the City Administrator is appointed by the City Council with the approval of the Mayor. (City Charter Section 5.3). Section 5.4(b) of the City Charter provides that the City Administrator shall serve at the pleasure of the appointing authority (the City Council).
Finally, Section 5.4(c) states that the City Administrator shall continue to serve so long as his performance meets with the approval of the Mayor and of a majority of the members of the Council. The relevant sections of the City Charter are set forth in detail below.
On April 9, 2024, a majority of the City Council voted to remove Mr. Dagnan from the office of City Administrator. I took this vote to be a clear expression of the Council’s displeasure with Mr. Dagnan’s performance. I immediately sought legal advice. I was advised that just because the Council has the authority to fire the City Administrator, it does not mean that the action is lawful.
For example, the City Council cannot make employment decisions on the basis of race, religion, age or any other federally protected classification. In addition, I believe the Council’s actions are directly related to Mr. Dagnan’s efforts to expose a suspected theft of City property.
For these reasons, I determined to seek further advice before taking any action regarding the Council’s vote. Unfortunately, the language of the Charter is clear. The City Council has the authority to terminate Mr. Dagnan’s employment.
There are multiple opinions on this point, but based on the opinion of my legal counsel, I believe I am required to enforce this decision, without regard to the City’s legal liability or any other consideration.
At the beginning of all this I said I would do everything I could do to prevent this termination, within the law. I believe Mr. Dagnan is a remarkable City Administrator and has done an outstanding job on behalf of the citizens of Carthage.
Mr. Dagnan’s performance has always exceeded my expectations. I believe that firing Mr. Dagnan is a serious mistake and will have deleterious effects on the City. I have done everything in my power to convince the City Council to reconsider this decision, but the City Council has refused to consider retaining Mr. Dagnan.
Accordingly, I have directed that City Administrator Dagnan’s employment with the City of Carthage be terminated effective May 31, 2024. I am hopeful that Mr. Dagnan will consider working for the City of Carthage again in the future.
Talk about a City in Total Disarray, Carthage is the Laughingstock of Southwest Missouri, and that is hard to do when you have Joplin and Neosho, right around the corner and their unbelievable methods of governing these cities.
ReplyDeleteSmall Town, Small Minds and all Power Hungry - why are the residents, the voters not stepping up and showing their Support or Disapproval for the Actions of these Elected Officials?
I guess the City Council was correct after all about being abject fire Dagnen, let’s see what else they are right about
ReplyDeleteAnd what else dagnon and dally were wrong about
DeleteIt will be interesting who the majority of the council vote in to temporarily take Mr. Dagnans place. Maybe someone who is suspected of stealing from the city who wanted the job? Will any member abstain from voting? Very interesting
ReplyDeleteThe City Council may have been correct in successfully finding a loop hole by which to operate without checks and balances, remove the voice of a duly elected mayor in the firing of the City Administrator, and operate on their own in this. They may have succeeded in firing Mr Dagnan in this way, and forcing Mayor Rife’s hand in acknowledging their firing of him. But, just because you “can” do something, doesn’t mean you should. Just because you found a work around, does not make it right, does not make it legal. They do not have just cause for his firing in any legal sense.
ReplyDeleteTherefore, they assure Mr Dagnan of winning his lawsuits against them, and against the CCU. This will ultimately cost the citizens, and use needed funds for much needed projects for Carthage. But, this is all about attempting to help in the now well-known upcoming trial of the former Parks Director over the missing $142K and 9 thousand gallons of fuel during his tenure. They want to hand his atty “a fired City Administrator”, “an impeached Mayor”, and a “City Atty who left office”, in order to attempt tainting the case against him.
Problem is, it was outside Forensic Auditors who discovered the financial crimes, and called for the 5 felony charges. Still, this is what CCU wanted. They wanted to interfere in the upcoming trial of their social buddy, who they were immediately on record/video after he was charged saying they expected him to be fully exonerated. Council mbr Tiffany Cossey and CCU founder Bill Putnam said this in public Council mtgs, on record, not even knowing the results of the forensic audit at the time they spoke.
When you have Corrupt City Officials, Sunshine Law Issues, Possible Theft, Fraud, and Collusion - then the Missouri Attorney General and its Office should be called in to Investigate and bring forth any charges. This cannot be handled locally, too many backroom deals and problems, it needs to be dealt with a less partial entity.
ReplyDeleteCarthage Missouri seems like a whole Lotta
ReplyDeleteJasper County needs a Grand Jury to investigate Carthage.
ReplyDeleteSo the Mayor strikes a deal so he survives while the city administrator gets sent down the river. Smells bad.
ReplyDelete