.

Tax Delinquency Candidate Disqualifier in 2013, But Not in 2011

One Arnold City Council candidate had his name removed from the April ballot for not paying his 2012 property taxes. However, that wasn't a disqualifier in the 2011 election.

An Arnold City Council candidate is questioning why he has been disqualified in the 2013 race when two candidates in the 2011 election were delinquent with their personal property taxes and allowed to run.

Shaun Missey, the candidate, has had his name removed for not paying property taxes on a Dodge Grand Caravan he bought in October 2011. He is meeting with a lawyer this week for advice on whether to proceed with having his name placed back on the ballot.

See related article: Missey: "How Am I Supposed to Pay a Bill I Didn't Receive?"

In 2011, Bill Moritz and Randy Crisler were delinquent on paying their personal property taxes by the Jan. 17 candidate filing date. Moritz paid his tax on Jan. 19, and Crisler paid his bill on Feb. 22, according to Jefferson County Collector Beth Mahn.

In a Jan. 21, 2011 memo to City Clerk Diane Waller, City Attorney Bob Sweeney explained that the state law regarding the delinquency of personal property tax payments by candidates running for public office did not apply to municipal elections.

Citing another state statute, Sweeney said in the letter that a city council candidate could be disqualified if he/she was in arrears on city taxes or fees by the candidate filing date.

Based on that information, Patch asked Sweeney why Missey was disqualified from this year's election for not paying personal property taxes, while Moritz and Crisler weren't in 2011.

"We recently learned that a portion of the personal property tax, specifically the road and bridge line item, goes to the city," Sweeney said. "It is in effect a city tax Missey owed that we did not get."

Patch asked Sweeney if he was aware of the city receiving taxes from the road and bridge fund in 2011. Sweeney said, "At the time, I didn't know anything about city taxes coming from the road and bridge line item."

Patch asked Waller on Friday when the city began receiving a portion of personal property taxes. She said that would be a question for City Finance Director Deborah Lewis, who was out of the office on Friday.   

Patch will contact Lewis on Monday and update this article with any new information.

Larry Bush February 04, 2013 at 01:58 PM
I think Sweeney is playing politics. Missey isnt part of his good ole boy network. Its the kind of power trip that makes citizens not trust local government. Boss Hogg would be so proud.
Matt Hay February 04, 2013 at 02:25 PM
I am confused by the fact that in 2011, Sweeney's argument was not that the City did not receive funds derived from the Personal Property Tax (or in Randy Crisler's case, Real Estate Tax) but rather that there was no provision of law that allowed or empowered the County Clerk to be the arbiter. In fact, his advice, codified in a Memo to City Council and Staff, was that should anyone ask the clerk, that the clerk state that they had no authority and forward the inquirer to the Department of Revenue. So, which is it? Did he "just find out" about the road and bridge tax (though the City has used these funds since 2005) and he has been at the City for 16 years, or does the Statute require DoR to investigate and make the call as he said in 2011? Which is it? He is tossing red herrings like he is a fish monger. BTW, if Bill Moritz was not eligible as a candidate in 2011 given the receipt of the Road and Bridge monies, does this invalidate every vote he has take since then, and require his removal from the Council now that Sweeney is "aware" of the ineligibility at the time? What has Sweeney done about it?
JC Penknife February 04, 2013 at 08:47 PM
Isn't that convenient that Sweeney just discovered this, considering that Missey is clearly not Sweeney's ideological ally? It should also be noted that the mayor of Byrnes Mill, where Sweeney is also city attorney, was late on her personal property taxes, but is still listed on the ballot. And Matt makes an important point about the City Clerk's lack of standing to remove people from the ballot.
RUSS L February 04, 2013 at 08:58 PM
The Arnold city council and governing body is a case study on what not to do as elected officials. Not a week goes by that they are not embarrassing themselves and the rest of there constituents with their unimaginable ignorance and stupidity. If this is the best Arnold citizens can do at the voters booth then we are all doomed to watch this side show repeated over and over again. We need to stop laughing at them long enough to vote them all out!
Charmaine Puttman February 08, 2013 at 12:18 AM
I would like to see a better Arnold. One without the "Good Ole Boys" in control. I would like to see Counts, Moritz, Amato, Sweeney (& his daughter) and Fulbright (Counts wants to replace Cricky's position with him.) leave our city's government asap. You may think I'm wrong, but, just wait until it's your property at is a mess and Arnold should be held accountable. Or they want your land. The answer will always be "Up yours citizen, you don't matter to us. We have our secrets to keep and we're going to spend the money the way we wish.". After all, we need 6 drug stores for such a small area. Does anyone know where the most expensive lot is in Arnold, and why it's so expensive? Across from the Post office. Call another problem Arnold has - Diane Waller, just maybe she will Hint at the truth. I would like her job to go back to a vote in job. I would leave here now if U could, but we are being forced to walk away from this dangerous house equity and all. And a Thank you to jc penknife for letting us know that Sweeney isn't making enough off us alone, he works for another city as well. He makes more than the County's attorney by over approx. 1K.or more.
Charmaine Puttman February 08, 2013 at 12:55 AM
BTW, did you know we lost $75,000.00 because a recently "let go witseveranc
Charmaine Puttman February 08, 2013 at 01:09 AM
Let go Employee, With severance pay" employee was too busy with checking his shorts and Roundabout deal to care. This money was to Beautify our city? Plz excuse mistaken Submit hit. Site is not easy while using phones.
Kelly Kelly February 11, 2013 at 04:47 PM
Ironic, it's always the same names in City of Arnold scandles! So are these people not knowledgable enough for the positions they hold, are they unethical people who should not hold these positions or are they opportunists who think no one is watching? Which ever, I wish Arnold would get it figured out!

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something