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Impeachment Claim Against Ellisville Mayor Gets 1st Hearing Monday

Ellisville Mayor Adam Paul will be reviewed by the Charter Enforcement Commission after a resident suggested specific actions violated the City Charter.

 

Ellisville Mayor Adam Paul will be under review of the Charter Enforcement Commission at a meeting scheduled for Feb. 18.

Katie James, a former city council member, filed a request this week for Paul's review for two incidents she claimed violated the City Charter. James suggested Paul should be impeached for the occurrences, both of which involved his requesting a police officer to remove a member of the public from meeting premises. James was an attendee removed in one case.

James alleged Paul's actions violated Section 3.4(c) of the charter that reads: 

INTERFERENCE WITH ADMINISTRATION.  Except for the purpose of inquiry, information, or investigation as established by Article Three, Section 3.11, of this Charter, the Mayor or Council Members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. Neither the Mayor nor Council Members shall give any orders to any such officer or employee, either publicly or privately.

The Charter Enforcement Commission will be comprised of three city council members: Dawn Anglin, Michelle Murray and Linda Reel. The commission, according to the city charter (outlined in the .PDF attached to this post), will then review the complaint, determining whether "probable cause exists to believe that a violation of the City Charter has occurred."

The commission can dismiss the complaint, recommend consideration of the complaint, or request "supplemental written information" to aid in determining the outcome. After the commission reviews the complaint, their recommendation or dismissal will be further reviewed by city council. The council can then choose to dismiss the complaint or move forward with a hearing.

If the complaint is voted as valid by a council majority after the hearing, the council will "adopt a final resolution of removal stating the same and the reasons for forfeiture of office, which shall be effective immediately upon adoption." The respondent would have 30 days to act in appealing the decision to St. Louis County Circuit Court.

The open Charter Enforcement Commission meeting is scheduled for 5:30 p.m. Monday at Ellisville City Hall.

Meeting agenda, as posted on the Ellisville city website:

I. Call to Order 

II. Administrative issues, including, but not limited to: 

A. Selection of Chairman

B. Review of Rules and Regulations

III. Review of issues pertaining to complaint filed by Katie James concerning alleged Charter violation by Mayor Adam Paul. 

IV. Determination and Recommendation pertaining to complaint filed by Katie James concerning alleged Charter violation by Mayor Adam Paul. 

V. Adjournment

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Related Topics: adam paul, charter enforcement commission, ellisville city charter, and ellisville mayor adam paul

Ellisville Shopper

6:20 am on Thursday, February 14, 2013

Katie James who was so concerned about the expense of a recall? wastes the time and money of the city on this?

But hey, she's unwittingly organized a meeting of the Adam Paul Fan Club and the anti-TIF forces in the city, so it won't be a total waste. I'll get to see people I haven't seen in a few months.

Good job!

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MIKE K

8:18 am on Thursday, February 14, 2013

It will be the anti Walmart freak show.

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Ellisville Shopper

8:35 am on Thursday, February 14, 2013

little mikey kkk,

More than 70% of Ellisville voters voted for an anti-TIF mayoral candidate. They didn't know at the time Michelle Murray was dirty on the issue and would flip votes with Linda Reel.

So, you just called 70%+ of the voters freaks. Again, Good Job!

Trust this kangaroo review board to handle this complaint? I don't think so.

Two of them ran against Adam Paul for mayor and got their butts kicked.The other can't make up her mind about anything.

Will there be justice in "Sansoneville?" There will be a packed house watching to see.

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E. Schmidt

12:09 pm on Thursday, February 14, 2013

Ellis Shop you wrote:

>>>Will there be justice in "Sansoneville?" There will be a packed house watching to see.<<<

Agreed. I could have done a better job myself rallying the anti-TIF Majority. It's almost like Katie James switched sides.

Perfect timing too. Right on the eve of TIF Battle, Round 2.

Mike K

8:28 am on Thursday, February 14, 2013

We know Dawn Anglin will vote for removal.

The risks are high. This bypasses recall. This is essentially a mutiny. The city council reviews a "complaint", and will recommends a full council vote, up or down, on immediate removal from office of the target - in this case the mayor.

Make no mistake, Katie James and Dawn Anglin, along with Perrillo are playing the nuclear card to remove Mayor Paul from office - against the will of the people who elected him to office.

This Charter Enforcement Commission (Dawn Anglin, Michelle Murray and Linda Reel) will decide if "probable cause exists to believe that a violation of the City Charter has occurred." It is important to note that determining probable cause is something that district attorneys do, not city council members. Basically, it is whatever Anglin, Murray, and Reel decide. And we already know that Anglin and Murray were pro-TIF, pro-Walmart, and anti-popularly elected Mayor Paul from the get-go.

So this is a lock on the council getting to vote our duly elected mayor out of office because Katie James didn't like a cop telling her she was disruptive at a city council meeting.

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Caffeinated

8:52 am on Thursday, February 14, 2013

I still have faith that this will be dismissed. I would be shocked if this progresses.

Remember, this would leave them open to civil litigation, potentially including class action. Building a case would be a cakewalk based on the language of the city charter and the nature of the alleged offense. This would represent a massive waste of resources, all thanks to yet another Katie James temper tantrum. Won't happen...

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Ellisville Shopper

8:57 am on Thursday, February 14, 2013

It may not go down quite that way.

They may get a grip on themselves once they realize Katie James threw a big bag of flaming dog doo on City Hall's front porch, rang the bell and ran away...now they've stepped in it.

What happens next?

Were talking about Katie James, who can't even remember the correct month or day she got booted out of Ellisville Elementary School Auditorium.

How credible is this?

The degenerate gambler in me needs an odds-maker.

Mike K

8:49 am on Thursday, February 14, 2013

The charter also says "the Mayor or Council Members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager."

Note that this also applies to City Council members. If it works for getting Paul out of office, it could work for getting a Council member out of office. However, if they succeed, there won't be enough left to get rid of them using the same tactic.

The critical question is that if only the City Manager can direct police officers (do they report to the City Manager or the Chief of Police?), then it becomes clear that the city manager is the ONLY authority that can direct police officers to maintain safety and order at council meetings.

And isn't the city manager an outsourced, unelected position, hired under a contract?

Asking a police officer to enforce the city ordinances, to protect, and to serve the public (which includes the Mayor), is not "directing" an employee, in the sense that the Charter is defining.

If Katie's allegation were taken as a valid reason for the council to justify removing Mayor Paul, then it concludes that under no circumstances, can ANY council member or the Mayor -- call the police to assist them in any way, because that would be "directing" in the exact same manner as alleged.

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Caffeinated

8:58 am on Thursday, February 14, 2013

The central question is whether the police officer is subject to the direction of the City Manager during these meetings. Not all employees are necessarily subject to the direction of the City Manager at all times. To say this complaint is flimsy doesn't do it justice. It's laughable.

The intent of the statute is clearly to prevent the administration of the city from being interfered with. The employees of the city can't effectively do their jobs with six people directing them. However, is a police officer (or the Chief) subject to the direction of the City Manager at all times? If so, when a council member calls in a noise complaint to the police are they then violating the city charter?

Mike K

8:56 am on Thursday, February 14, 2013

We might find numerous instances of the council directing City Manager employees to do things at city council meetings -- the city clerk for example, the janitors to move things around, etc. Because that means *EVERYTHING* must go through the City Manager.

That is if Anglin, Reel, and Murray followed by a council majority get their way to remove Mayor Paul from office under this ridiculous assertion.

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Ellisville Shopper

9:25 am on Thursday, February 14, 2013

Big Mike and Caff,

You've both pointed out the patent absurdity of seeking the permission of Kevin Bookout for every little thing that occurs at a city council meeting. My understanding of Roberts Rules of Order places the Mayor in charge as the presiding officer at city council meetings

If someone should be hurt or injured at a city council meeting because Kevin Bookout wouldn't order the Chief or an officer to do their job as a peace officer, I wonder if the City and Bookout are prepared for the onslaught of litigation to follow.

It's as though discretion and power to enforce the law has been removed from the department charged to enforce it. That makes the Chief and the rest useless puppets.

Who issued Kevin Bookout a law enforcement commission?

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Adam Quincy Paul

9:39 am on Thursday, February 14, 2013

To help clarify something, the council adopted roberts rules of order revised and it is codified in city code and backed up in our charter under 3.13 (b)
SECTION 110.050: ADOPTION OF ROBERT'S RULES OF ORDER
The City hereby adopts the Scott, Foresman newly revised "Robert's Rules of Order" in all particulars excepting where there is a conflict with the State Statutes or ordinances of the City. (R.O. 2005 §2-20; CC 1997 §2-19)

This is from a RROR Reference Book (easy to understand terms regarding ch 73 of RROOR:
"Removing nonmembers from the meeting"

"You have the right to conduct your meeting without the presence of nonmembers, and to that end, the chair has the authority (on his own initiative) to require nonmembers to leave the meeting. He should be ready to use this authority in the event that the peanut gallery (or individual peanut) becomes rambunctious. Just to make sure that the chair doesn't act in opposition to the will of the assembly, however, any member may appeal the chair's order for nonmembers to leave, and the question becomes one for the members to decide. After a removal has been ordered, whether it's a removal of a member or nonmember, the char may exercise whatever reasonable means necessary to execute the removal. If those removed don't leave of their own accord, he may appoint a committee to escort them from the meeting, or, if necessary, the chair may summon peace officers to remove the offenders and restore peace to the assembly."

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Adam Quincy Paul

9:40 am on Thursday, February 14, 2013

This is the actual ch. 73 language from Robers Rules - Revised
73. Right of an Assembly to Eject any one from its Place of Meeting. Every deliberative assembly has the right to decide who may be present during its session; and when the assembly, either by a rule or by a vote, decides that a certain person shall not remain in the room, it is the duty of the chairman to enforce the rule of order, using whatever force is necessary to eject the party.
The chairman can detail members to remove the person, without calling upon the police. If, however, in enforcing the order, any one uses harsher measures than is necessary to remove the person, the courts have held that he, and he alone, is liable for damages, just the same as a policeman would be under similar circumstances. However badly the man may be abused while being removed from the room, neither the chairman nor the society is liable for damages, as, in ordering his removal, they did not exceed their legal rights.

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Adam Quincy Paul

10:14 am on Thursday, February 14, 2013

I respect Mr. James as a resident and respect her or any anyone else’s right to file a complaint. A resident complaint that is filed under oath and notarized by our city clerk that asks for my impeachment and invokes the charter review committee is a very serious matter. Please know that I will be fully defending myself due of the severe repercussions that this complaint could yield. I must protect my integrity, reputation, and most importantly the ability to represent the many people who elected me into office.

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Ellisville Shopper

10:19 am on Thursday, February 14, 2013

Good luck with this Mayor Paul.

You're my odds on favorite to prevail at 2:1.

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Dan Duffy

10:24 am on Thursday, February 14, 2013

Will histrionics totally supplant wisdom? Will Ballwin and Wildwood divy up the spoils?
Tune in Monday. Good grief.

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Concerned Ellisville Citizen

3:16 pm on Thursday, February 14, 2013

The whole thing is such a joke...I mean seriously...who takes Katie James serious. The people of Ellisville know what they want and that is to have Mayor Paul IN office.
If those 3 vote him out they won't be on the council very much longer! The city council needs to LISTEN to the people of Ellisville. We voted for Mayor Paul and want him to be our Mayor. Katie James is nothing but a big fish in a very little pond and she is the big-mouth bass!!

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Suzanne Gundlach

3:35 pm on Thursday, February 14, 2013

From what I understand, Ms James has the wrong interpretation, or at least doesn't understand the spirit of the charter provision. Its not designed in regards to the police department, it is designed in regard to telling staff to do things. Yes, yes yes...the chain of command goes City Manager, then to Department, then to staff members for daily work/responsibilities However, that should never be the case when there is safety at question! (crowd control, threats of violence, etc)

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E. Schmidt

7:05 am on Friday, February 15, 2013

You've given a very reasonable interpretation of the intent of the charter in regards to the authority of the city manager. Now, someone needs to explain this to Bookout and the Chief.

I remember a city council meeting sometime after the incident with Katie James where the Mayor posed a direct question to the Chief on the policy regarding personal attacks on city council members. The Chief just sat there and didn't respond. I was stunned. The Mayor asked the question again. Bookout mumbled some sort of answer about what the Chief would think and what the Chief would do.

So, Bookout is somehow prescient? Or Bookout's answered based on his vast background as a LEO? Who issued Bookout a law enforcement commission? What LE academy did he attend? Who put Bookout in charge of determining who is an imminent threat?

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Ellisville Shopper

8:08 am on Friday, February 15, 2013

"Who issued Kevin Bookout a law enforcement commission?"

I asked this earlier. Didn't know Bookout speaks for the Chief.This kind of broken chain of law enforcement command can only lead to trouble. Interesting that the Mayor was trying to get this kind of issue settled months ago.

Just be aware that they're all still playing "Who's On First?" while your safety is being compromised.

Maybe this episode in our on going saga will settle it? The degenerate gambler in me says the odds are not favorable.

MIKE K

4:57 pm on Thursday, February 14, 2013

This society has no place for bullies like soon to be ex Mayor Paul. Apply the rules fairly regardless of his arrogance of Ellisville citizens and remove him from office the sooner the better. Perhaps he can take his brand of politics to an area better suited for his bully style like East St. Louis.

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Amy Samuel

6:34 pm on Thursday, February 14, 2013

Mike K don't count your chickens before they hatch! I think with your ridiculous mindset and mouth you need to pack up and head on out to the East St. Louis your are referencing with your prostitutes waiting on-call.

Back to the real issue, Kevin Bookout and Ada Hood obliterating the beauty Ellisville has to offer. Start looking for another job that you can actually do!

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MIKE K

9:40 pm on Thursday, February 14, 2013

"your prostitues" - you have a dirty mind and a foul mouth. Get therapy before it's too late for you.

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Mike K

10:35 pm on Thursday, February 14, 2013

Don't listen to little mike, Amy. Even though he speaks from experience, it didn't work. Much like him these days. Poor fella.

robert kerr

7:50 am on Friday, February 15, 2013

I am an Ellisville resident and it just seems to me that the "mob", i.e. the mayor and his cohorts, are attempting to stonewall a project that has already been approved. We had a vote, the vote was in the affimative, and the building should progress. As I read statements fro mr Paul, he sounds like he is from Chicago scholl of politics. (That's right he is from Chicago). He moves into our community, (I lived here for 40 years) and begins to rearrange the deck chairs to suit his anti-business ideas (remember, Chicago does not have 1 Wal-mart). As we see more and more business closings in Ellisville, but I see more and more business opening inBallwin, we politicians and some in the community that wish overturn votes already made because of their stupidity.

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ellisville taxpayer

2:37 pm on Friday, February 15, 2013

hey mr kerr, tell chicago we have 2 walmarts within 10 miles of each other and another one projected to join in. a regular plethora of walmarts around here!!! maybe we could donate one? that will still leave us with plenty of wonderful overtaxed shopping experiences for the large mass bass shopper like katie james.

Ellisville Shopper

8:32 am on Friday, February 15, 2013

"....the mayor and his cohorts, are attempting to stonewall a project that has already been approved. We had a vote, the vote was in the affimative, and the building should progress..."

The city council had a vote. "We, the People" had no such vote in the issue. In a straight up or down popular vote it would have failed miserably.

But, "We, the People," ( the "mob" ) voted 70%+ for an anti-TIF mayoral candidate and elected Paul.

"..but I see more and more business opening inBallwin, we politicians.."

You a politician? THAT explains why your reasoning is so twisted.

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Mike K

11:55 am on Friday, February 15, 2013

"we politicians and some in the community that wish overturn votes already made because of their stupidity."

And WE THE PEOPLE, a 70%+ super-majority wish to overturn votes already made by stupid, arrogant, and self-important "politicians and some in the community" like yourself.

Mayor Paul was just the first step in replacing your kind in our city government.

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MIKE K

1:45 pm on Friday, February 15, 2013

"your kind" .... typical bully comment, Seig Heil much

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Caffeinated

3:54 pm on Friday, February 15, 2013

Why am I not suprised that our local white supremacist knows how to spell "Seig Heil?"

ellisville taxpayer

2:38 pm on Friday, February 15, 2013

How many puffs of Raid do you think it would take to put Katie out???

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Ellisville Shopper

2:44 pm on Friday, February 15, 2013

Hey little mikey kkk,

Wal-Mart Says February Sales "Total Disaster", Worst Monthly Start Since 2006; Stock Drops

Wal-Mart shares are plunging as the firm reports a 'total disaster' in its February sales. Bloomberg obtained internal emails that note:

"In case you haven’t seen a sales report these days, February MTD sales are a total disaster,” Jerry Murray, Wal-Mart’s vice president of finance and logistics, said in a Feb. 12 e-mail to other executives, referring to month-to-date sales. “The worst start to a month I have seen in my ~7 years with the company.... That points to our competitive landscape, which means everyone is suffering and probably worse than we are”

It gets better:

“We have to fight against the tougher economic environment to earn a bigger share of a smaller consumer spending pie"

So much for Walmart "saving" Ellisville. Walmart doesn't even sound like much of a "destination" for run of the mill Walmart shoppers these days.

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GrandmaBunny

11:37 am on Sunday, February 17, 2013

lately my biggest purchases have been from Savers and Red racks, Goodwill and garage sales, Any one know of any good Estate sales? I am not too proud to buy dead peoples things or things rich people with more money than sense are putting in the donation box. After being unemployed with a Master's, Walmart is too expensive for a fixed income person like me. I have a feeling I am not the only one is this situation either. so, no Walmart is not my "destination " for shoppping. Aldi maybe.

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Ellisville Shopper

12:49 pm on Sunday, February 17, 2013

Smart shopping GrandmaBunny. And no sales tax. Starve the Beast from Within until we get a City Council that will listen and not blow our tax dollars.

Try my favorite

http://www.estatesales.net/estate-sales/MO/St.-Louis.aspx

Craigslitst too.

Just remember if you make less than the $88K median, little mikey kkk wants you out of Ellisville. That’s half of Ellisville, so aren't alone.

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Patcher

1:58 pm on Sunday, February 17, 2013

News flash. Wal-Mart is going in, no matter what the derelicts of Clarkchester Apartments say.

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Caffeinated

3:12 pm on Sunday, February 17, 2013

"Wal-Mart is going in, no matter what the majority of Ellisville residents say."

There... fixed it for you.

As for derelicts, have you ever been to a Walmart? You will never find a more wretched hive of scum and villainy... or jean shorts and mullets.

Katz Mandu

3:24 pm on Sunday, February 17, 2013

It's in court. Then probably to Appeal.

I've heard any number of people say it's a done deal, ETC

So far they've all been wrong. I still don't see a store and hope I never do.

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Katz Mandu

3:41 pm on Sunday, February 17, 2013

I'm in on the sales tax revolt.

Mike K

7:01 pm on Monday, February 18, 2013

Dismissed. Unanimously. Commission acted properly despite the histrionics of Mayor Paul's lawyer getting thrown out by the police chief at the request of the city attorney.

A nice bit of theatre but a bit over the top. Once the meeting got started, they did the right thing. Otherwise they were all next and we would have a new mayor every week and they realized the stupidity of sitting a precedent that will irrevocably abdicate their power to the city manager.

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