Two Arnold Council Candidates Disqualified From April Election
Shaun Missey and Rodney Mullins have had their names removed from the 2013 ballot for not paying property taxes and outstanding city service bills, respectively.
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The removal of two Arnold City Council candidates from the April ballot has left two wards uncontested - for now anyway.
That's because Shaun Missey, a Ward 1 candidate, and Rodney Mullins, a Ward 3 candidate, have had their names taken off the ballot for not paying taxes and for outstanding city service bills, respectively.
Arnold City Clerk Diane Waller explained that Missouri law requires candidates to have all taxes and city bills paid before the last day of filing, which was Jan. 15.
Waller said Missey wasn't certified because he has not paid 2012 personal property tax on a vehicle he owns. She said Mullins did not qualify because he is in arrears for municipal services.
Missey told Patch he does not recall receiving a 2012 personal property tax declaration for the Dodge Grand Caravan he bought in October 2011. At the time, he said he had to obtain a tax waiver to register the car because he did not have a paid personal property tax receipt for the previous year.
"I've lived in the same house for seven years," he said. "The vehicle should should have been listed on my 2012 personal property tax bill."
Missey also told Patch that Mayor Ron Counts should be disqualified for running for reelection because Jefferson County Assessor's records show his business is behind on taxes.
Waller said the Jefferson County website has not been updated. She confirmed Counts paid the tax on Dec. 31.
Meanwhile, Mullins said his sewer/stormwater/trash bill to the city was paid in December, and that he has a copy of the check he mailed to prove it.
City Attorney Bob Sweeney said candidates whose names are removed from the ballot because of outstanding taxes or bills have two options:
- they can pay the bill and run on the ballot as a "write-in" candidate;
- or if there was an administrative mistake, they can file a writ (which is a form of litigation) asking for an order from the court that the administrative action of putting their name back on the ballot be performed.
To put the second option into perspective, Sweeney gave the following scenario: a candidate files for office and the city clerk finds the person ineligible for office because his or her real estate taxes are unpaid.
The candidate's taxes were paid into their escrow account, but the escrow agent failed to turn over the money to the appropriate taxing agencies.
"In a case like that, the candidate would file the writ, and the court would agree that the mistake was not their fault and order that his/her name be placed on the ballot," Sweeney said.
For more news on Arnold Patch, please see the following articles:
Stacey
11:38 am on Thursday, January 24, 2013
Good thing Moritz isn't running again. His personal property tax isn't paid as of yesterday.
Sheri Gassaway
11:42 am on Thursday, January 24, 2013
Hi Stacey, If you are looking at the Jeffco Assessor's website, that isn't necessarily up to date.
Stacey
4:54 pm on Thursday, January 24, 2013
Yes, that was the website that I was looking at. I noticed they didn't have a problem with mine.
Stacey
7:15 pm on Tuesday, February 12, 2013
I know it don't really matter now anyway since Moritz isn't running. But, guess what, he did pay his personal property tax late, so I guess the Jeffco Assessor's website, wasn't running to far behind. He just didn't pay on time.. Oh Well, I wouldn't have voted for him anyway. Ready for a change in the City of Arnold.
Matt Hay
6:04 pm on Thursday, January 24, 2013
So Rodney has the Carbon Copy of the check, a check which was mailed in after he filed. A check which conveniently never arrived from a candidate. It seems like the City has devised a much easier way to get their cronies in. Just lose their check, do not send them a late notice, and bada bing bada boom, one is forced to retain an attorney for upwards of $4k to file a writ. That is not cost prohibitive to anyone for sure......coming from an attorney.......he makes it sound as if it is such a simple remedy.....because obviously state statute intended municipalities and entrenched power structures to use this to swat down challengers. Diane Waller has now made claims against 3 of the 4 ward candidates, whom I would reckon, none of whom she supports (Kownacki disproved accusation, Missey-investigated a possible deficiency in his declaration, and Mullins- that he was in arrears on this sewer bill, which he thought he paid, which no one at the city was kind enough to advise him was still outstanding).
A bit like a mendacious accusation against Councilwoman Kownacki when it became clear that Ken Moss was not going to resign so they could appoint Butch Cooley. Next best thing to get the yes vote for the Eminent Domain idea on the South Side of Jeffco, is to have Butch run against Sandi, and attempt to damage her reputation in an attempt to lower Butch's bar.
Nothing to see here, move along folks.........
Sheri Gassaway
7:06 pm on Thursday, January 24, 2013
Matt, Diane didn't make a "claim against" anyone. She simply shared public information with the media. Her job - like every other city clerk - is to make sure the candidates are qualified. In this case, two were not.
Candice
7:19 am on Friday, January 25, 2013
Sheri, Matt is referring to the accusation that Diane made against Kownacki in the Moss report. In that respect, she did make an accusation.
My question is that it sounds like Mullins submitted the check after he filed according to Matt. When did he file?
Brian Mueller
11:06 am on Friday, January 25, 2013
It is my understanding that Arnold City Attorney Bob Sweeney sent a memo in regards to a similar matter concerning candidates owing property taxes in January 2011.
Reference: http://www.scribd.com/doc/122174775/Attorney-Bob-Sweeney-s-Memo-January-21-2011
"It would be risky, at best, for a municipal clerk to try to give legal advice to municipal candidates as to whether these statutes require candidates to take action or forbear from filing for office."
Apparently the City Clerk is not charged with the responsibility of determining candidate eligibility. It appears that Mr. Sweeney's understanding of the Statute is correct. Complaints of delinquency in tax payments are to be investigated by the Missouri Department of Revenue.
Reference: http://www.moga.mo.gov/statutes/c100-199/1150000342.htm
Also, according to the Arnold, MO government website, the City Clerk's job duties are not related to elections in any way.
Reference: http://www.arnoldmo.org/index.asp?Type=B_BASIC&SEC={F4A1F3D6-6123-47B8-BB89-36307EE28EA7}
JC Penknife
12:35 am on Saturday, January 26, 2013
Brian is correct. Two Arnold City Council candidates were in arrears for their personal property taxes as of Jan. 18, 2011, which was the closing date of the election filing period. When contested, they were allowed to remain on the ballot, for the reasons outlined in Sweeney's memo. Now, however, Missey was removed from the ballot for unpaid PPT, in a complete reversal of local policy. Why the change?
Chris Michael Hampton
2:06 pm on Saturday, February 2, 2013
I'm Throwing My Support For Mark Jones R-Fenton,Steve Holloway R-Arnold For Fox C-6 School Board Across The Fox C-6 School District Area,I'm Also Throwing My Support For Arnold's Mayor Ron Counts Re-Election For Arnold's Mayor Across the city Of Arnold,Mo.And I'm Also Throwing My Support For Avery Fortentberry R-Barnhart,Krystal Hargis R-Arnold For Jefferson College Board Of Trustees Across
Jefferson County,Mo On Tues.4-2-13,Ron Counts Is A Good Man and I'll Work Hard to Get Him Re-Elected as Mayor Across The City Of Arnold,Mo. And Ill ALso WOrk Hard to Get Mark Jones,Fenton,Steve Holloway,Arnold Elected as 2013 Newly Elected School Board Members Across the Fox C-6 school District Area And
I'll Also WOrk Hard TO Get Avery Fortenberry R-Barnhart Elected On the Jefferson College Board Of Trustees ALong With Incumbant Krystal Hargis Across Jefferson
County,Mo. On TUes.4-2-13.and Let's Repeal OBamacare PErmantly Across The City Of Arnold,Mo.Across The FOx C-6 School District Area,Acros Jefferson County,mo. On tues.4-2-13.