Council postpones vote on city charter amendments

Jefferson City Councilman Ron Fitzwater is seen in this April 2018 News Tribune file photo.
Jefferson City Councilman Ron Fitzwater is seen in this April 2018 News Tribune file photo.

The Jefferson City Council postponed voting whether to make the city prosecutor position an appointed position versus an elected one, among other charter changes, pushing those items off until possibly the April 2019 election.

Ward 4 Councilman and bills sponsor Ron Fitzwater placed five bills regarding potential changes to the city charter on the informal calendar. The Jefferson City Charter Review Advisory Committee recommended these changes earlier this year.

If no action is taken, items on the informal calendar expire after three meetings.

To get the city charter amendments on the November election ballot, the council would have had to approve the changes at Monday's meeting. If the council wants to place these amendments on the April 2019 ballot, City Counselor Ryan Moehlman said, they must vote on the items by January.

Ward 4 Councilman Carlos Graham suggested the council hold a special meeting to discuss the proposed changes. They could also invite the city charter committee to the meeting and ask them questions regarding the recommendations, he said.

"This is like changing a constitution and we should take this very seriously," Graham said. "I want to make sure we're getting this thing right."

Under the proposed city prosecutor amendment, a selection committee - two members appointed by the Cole County Bar Association and one member appointed by the mayor - would nominate someone to the city prosecutor position. The nomination would then go to the City Council for approval. If approved, that person would serve a four-year term until a successor is appointed.

Many council members previously said they wanted to keep the position an elected one so the city prosecutor is accountable to the voters. If a city prosecutor was an appointed official, they added, it could lead to a higher chance of council influence because the city prosecutor would be accountable to the City Council.

The city charter committee voted to keep the city prosecutor position an elected office but reversed its decision at a later meeting.

Included in the bill is language that would have allowed the council to remove the city prosecutor from office for just cause, such as if he or she was convicted of a felony, lacks the qualifications of the office during his or her term, or neglects the duties of the office. The City Council would have needed a two-thirds vote to remove the city prosecutor from office, under the proposed change.

The council has been discussing making the city prosecutor an appointed position for more than a year.

City staff allege they have been experiencing issues with current City Prosecutor Brian Stumpe missing court days without notice and dismissal of cases due to him not appearing in court, according to emails obtained by the News Tribune through a records request last week.

Some council members said they believed city staff's complaints were one reason for the proposed changes, and many council members said they were not in favor of changing the city charter because of one individual.

Regarding past bills that proposed similar changes, city staff previously said making the position an appointed one could lead to some cost savings.

Another proposed city charter change is to limit the mayor to two consecutive full terms, instead of eight years. Council members would be limited to four consecutive full terms instead of an absolute eight-year limit.

Once a mayor serves his or her two consecutive full terms, he or she must wait a full four-year mayoral term before being eligible to serve as mayor again, under the proposed change. Council members would be required to take a two-year service break after completing their four consecutive full terms before being eligible to serve on the council again.

The third bill proposed language that would prohibit a city official from voting on contracts with other political groups or nonprofits if the individual sits on a governing body related to the political subdivision or nonprofit. City officials are exempt from this rule if they are serving on the political organization or nonprofit as a city official or employee.

Another bill recommended council members, the mayor, city administrator, city clerk, department directors, and Jefferson City Parks and Recreation Commission not be publicly-elected members of a Missouri political subdivision, Missouri General Assembly or hold a statewide elective office while serving in their city positions. The exception is if a city official is serving in the public office in their capacity as a city official.

Under the same proposed amendment, former council members and mayors must wait at least two years after leaving office before they can accept compensated appointed positions at the city.

A fifth bill that suggests minor changes to the city charter, such as using gender-neutral terms in the document.

The city charter committee approved recommended changes to the section of the city charter regarding the Parks and Recreation Commission's role after it submitted its original recommendations.

Once the City Council decides whether to approve or reject the proposed changes, the city charter committee will be terminated.

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