Rife's lawyer, Christopher Thornton, St. Charles, filed a petition in prohibition in Jasper County Circuit Court today claiming Rife could not be removed despite the 6-2 vote on four of the five counts against him because six is one short of the two-thirds majority of elected city council members required by the city code.
The City Council had 10 elected members earlier in the year but council member Dustin Edge resigned recently and David Armstrong resigned earlier in the year.
From the petition:
Under the City Charter and Missouri statutes, the vote of six (6) Counsel members is insufficient to remove Dan Rife from the office of Mayor.Under the City Charter and Missouri law, “a two-thirds vote of all the members elected to the council” is seven (7) members of the Council. The vote of the City Council was not effective to remove Mayor Dan Rife from office under the City ordinance, the City Carter, or Missouri law.
The facts and circumstances of this demonstrate unequivocally that an extreme necessity for preventive action exists because there is considerable confusion and disagreement over who holds the office of Mayor of Carthage, Missouri.
The facts clearly demonstrate that the Carthage City Council lacks the power and authority to remove Dan Rife from the office of Mayor of Carthage. However, the Council is proceeding as if Dan Rife has been removed from the office of Mayor of Carthage.
Thornton is asking the court to issue a preliminary writ of prohibition preventing the council from "removing or attempting to remove Dan Rife from the office of mayor and declaring that Dan Rife shall hold the office of mayor of the City of Carthage, Missouri until such time as the court can adjudicate this petition."
I have a feeling he’s gonna get his chair back.
ReplyDeleteHe will have every reason to politically punish people……the just did it to him
Judge Mouton is too connected to all these people, too. He’ll need to recuse and so on, until it’s outside the area with Selby or someone.
ReplyDeleteRich white dudes as judges connected to the rich white dudes gunning for Rife.
ReplyDelete6:47 SPOT ON.
DeleteRacist much?
DeleteJesus Christ is there any actual work getting done in that town?
ReplyDeleteFYI - Gary Laturner, was hit and Killed on August 19, 2023.
ReplyDeleteA Joplin teen accused of a fatal hit-and-run crash pleads not guilty during a court hearing Wednesday.
Rocco Joseph entered a not guilty plea during his first appearance before Judge Maradeth Frederick. Dr. Henry Joseph, Rocco’s father, who is also charged in the case, appeared with his attorney, Phil Glades. Dr. Joseph previously entered a not guilty plea for his alleged role in the case.
Thank you, this can’t be forgotten, and that’s exactly what they want us to do.
Delete