An attorney representing the city of Carthage filed a response today in Jasper County Circuit Court to Mayor Dan Rife's motion for a temporary restraining order to prevent his impeachment hearing, which is scheduled for 4 p.m. Wednesday in City Hall.
In the response, St. Louis attorney Paul Martin, who is scheduled to act as prosecutor at Rife's hearing, says Rife is not entitled to the restraining order because he is "not likely to succeed on the merits," and "Mayor Rife has unclean hands."
Martin laid out the case in his response.
Mayor Rife, recognizing his conflict of interest in presiding over the initiation of his own impeachment, relinquished the chair for the council’s consideration of the resolution. Mayor Pro Tem Alan Snow assumed the chair, and the council approved the resolution by a vote of seven to two.
After the vote, Mayor Rife vetoed the resolution. On May 20, 2024 the council reconvened to consider overriding the mayor’s veto. Again the mayor relinquished the chair. But prior to council consideration of a motion to override, a point of order was raised challenging the mayor’s veto.
The point of order proffered that the mayor’s veto was void, because by relinquishing the chair he had ceded his mayoral authority to the mayor pro tem, and any veto right necessarily had passed to the mayor pro tem as presiding officer.
The point of order also proffered that the mayor was prohibited by law from vetoing the resolution because of his personal interest at stake, specifically the possible loss of the office of mayor and all its emoluments, including an annual salary of $4,200.00.
Mayor Pro Tem Snow recognized the point of order, declared the mayor’s veto void, and held Substitute Resolution 2042 to be in full force and effect. Also, Mayor Pro Tem Snow, acting as presiding officer, signed Substitute Resolution No. 2024.
Recognizing that the mayor might challenge the point of order in court, the council held another meeting on May 21, 2024 to consider an emergency ordinance, No. 24-27, that was substantially similar to Substitute Resolution 2042.
Again, the mayor relinquished the chair to the mayor pro tem. The mayor pro tem presided over the council’s consideration of the ordinance, and it also was passed by the council. Mayor Pro Tem Snow then executed signed Ordinance No. 24-27 as presiding officer.
Ordinance No. 24-27 accomplished the same ends as the previously passed resolution. At the council’s next meeting on May 28, 2024, Mayor Rife declared orally that he was vetoing Ordinance No. 24-27.
Mayor Rife did not include the item on the agenda of the May 28 meeting, nor did he present written objections to the council.
In his argument, Martin said the vetoes were not legal because Rife had relinquished his seat and Mayor Pro Tem Alan Snow was the only one who had veto power.
The veto of two measures designed to hold the mayor accountable for wrongdoing, when those vetoes preserve Mayor Rife’s hold on his office and his annual salary, is not the avoidance of “both actual and potential conflict”; it is a headlong rush into the arms of that that conflict.
Rife and Carthage citizens William E. Scheerer and Jeffrey J. Hole filed the motion for a temporary restraining order Friday in Jasper County Circuit Court.
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4 comments:
Mayor Rife should win this. Just because he excused himself and relinquished overseeing of a porion of a meeting for a topic involving him, does not mean he relinquishes his powers and duties as Mayor.
It’s not like if the Mayor takes a vacation, the person chairing ongoing meetings in his absence can make all new laws, ordinances, and resolutions the Mayor can do nothing about upon his return.
Silly attempts at attacking good and innocent men, in favor of siding and supporting a man charged with 5 felony financial crimes against the City of Carthage.
As the Stomach Turns - Carthage is such a Soap-Opera. Why hasn't the Attorney General stepped in or a Grand Jury been convened to investigate? Why are we allowing "He Said - She Said", type of Local Government, where only the Vetors and Taxpayers will end up losing.
100% correct!
Thank u 4 reporting on this
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