According to an article by Norm Parish at stltoday.com (the St. Louis Post Dispatch - online) dated Jan 31st, 2006, Mayor Purzner has filed suit against the St. Louis County Election Board in an effort to block the Recall from appearing on the April ballot. (
link )
From that article:
"Purzner claims there is no legal basis for the recall and proper procedures aren't being used to bring the issue before voters."
The reasons for recall are misconduct in office, incompetence or failure to perform duties prescribed by law.
The Recall petition stated the reasons for Recall were the Mayor's improper attempt to remove Chief Herron from office and her violations of the Sunshine Law.
In ANN PURZNER, APP V JAMES HERRON The county court ruled against the Mayor's removal of Chief Herron, and Chief Herron remains our Chief of Police to this day.
In ROBERT DODY, et all V ANN PURZNER and CITY OF OVERLAND the county court ruled against the Mayor, finding her to have violated the Sunshine Law. From that ruling:
44. The Court finds credible evidence that Defendant Mayor Purzner and some members of the City Council purposely violated the Sunshine Law by disregarding legal advice that warned of the potential for violations of the Sunshine Law and by obvious facts presented to them of the size of the attendance of meetings. Furthermore, Mayor Purzner deliberately and purposely continued to schedule the meetings at a location of insufficient size to accommodate Overland citizens who wanted to attend.
The Courts of St. Louis County have ruled that the Mayor wrongfully attempted to remove Chief Herron from office, and violated the Sunshine Law. These rulings validate the reasons for recall as stated on the petitions.
There is no question as to the legal grounds for the Recall other than to determine if these violations are due to misconduct or incompetence. If the Mayor knowingly choose to violate the law in the cases sited above then it's likely misconduct (
or at least qualifies as "failure to perform duties prescribed by law"). If she unknowingly violated the laws above it's likely incompetence. Either way, those violations are both within the language as well as the spirit of
Section 77.650.
As for her reference to improper procedure, we've already covered that issue
here, and Steve Garrett, referenced in the above article as "a lawyer for the election board" is quoted as saying:
"They believe that the this has be done in the form of the ordinance and we disagree,” Garrett said. “I think that the motion that was passed by the (council) is sufficient.”
I predict the Mayor's legal challenge will meet the same fate of her previous appearances in the St. Louis County courts and the Recall measure will be on the ballot in April. The only question that remains in my mind is who is paying for her legal council?
Labels: Election Board, Mayor, Purzner, Recall
1 Comments:
What audacity! Clearly our notorious mayor and her scant supporters continue to thumb their noses at the law and at the administrators of the law.
She began by disregarding the order of the Mo. State Board of Nursing to "cease and desist" impersonationg a nurse, even after she admitted to the state investigator that her claims to have a license and a degree were lies. Astouningly she continues to advertise these claims on her website linked to the cities site. It's the same website filled with falacious accusations and edited video statements by her opponents. As the St. Louis Pros Atty stated, she has "zero credibility"
She thumbed her nose at him by ignoring letters from his office informing her that she was violating the state Sunshine Law by trying to keep the public and the media out of public meetings by holding them in the small council chambers as hundreds were turned away. Mayor Purzner has repeatedly ignored federal laws, State statutes and Overland Ordinances despite the majority of the Council, the city attorney, and many around her advising her that she was doing so. She has continuously insisted on her unlawful behaviors. Isn't it high time that this proven criminal should be held accountable and removed from office? Our city needs to begin a long period of damage control and restoration of integrity and democracy in city hall.
Let's all continue to monitor the city meetings and to support the candates of our choice. Know your candidates so unsavory characters can not slide into office with narroe margins as our dishonorable mayor did.
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