Ellisville Moves to Drop Some Charges in Impeachment Case
Among the removed allegations were charges that Mayor Adam Paul had drunk vodka while on the job.
In the latest twist of the fast-moving political drama taking place in Ellisville, a resolution calling for Mayor Adam Paul’s removal from office has been amended to drop several charges.
The council voted at a meeting Wednesday to remove allegations that Paul used profanity and consumed alcohol during public meetings while dropping the addition of charges that Paul recorded two closed meetings.
The changes were presented by City Attorney Paul Martin in light of recommendations from special prosecutor Keith Cheung and attorney John Maupin during a council meeting Wednesday. The city hired the pair of lawyers to investigate and preside over a hearing later this month that will decide Paul’s fate.
Read more of Patch's coverage of the impeachment here.
Martin emphasized that the recommendations were not based on a lack of evidence. Instead, they were not “impeachable offenses” under the city’s charter or in one case would delay the proceedings.
In the first case, Cheung and Maupin advised that Paul’s use of profanity during a meeting was not, by itself, impeachable, because it did not alone indicate an inability on his part to control the meeting.
Concerning the alcohol, Martin said they had reached a similar conclusion.
“While it might be offensive, but it is not something that necessarily equates with inability to do the job,” Martin said. “There is no evidence in the charges that the mayor was intoxicated when he was running the meeting.”
Finally, the allegation that he had recorded two closed sessions of the council was actually on the agenda to be added to the resolution at Wednesday’s meeting. The lawyers said the addition of the charges would create “timing issues” by requiring a continuance that would force back the March 27th hearing date.
The move came at the end of a public meeting during which a number of citizens spoke in support of Paul and the mayor himself address the council about several items on the agenda. It sent a wave of shock through the room, prompting an outburst of questions from residents and a surprised Paul.
Along with removing the allegations, the council also voted to push back the hearing that will present the evidence behind them to March 27, by request of Paul’s lawyer.
The two actions, however, do nothing to change the overall trajectory of the political crisis that has dominated the city for the last month.
The resolution calling for his impeachment cites other issues, alleging he disclosed confidential information, attempted to unilaterally end the city’s contract with Martin and exceeded the scope of his authority as outlined in the city’s charter.
After the meeting, Paul said the removal of the drinking charges, which he has vehemently denied, offered him little vindication. His attorney, Chet Pleban, said the damage had been done.
“They put it out to the public under the pretense that it was an impeachable offense, but it’s not and it never was,” he said. “So now, you can’t put the smoke back in the bag.”
Pleban said they would be considering a “variety of issues,” including defamation, to see if legal action would be necessary prior to the hearing.
The council themselves have been quiet on the issue, removing the items by unanimous vote and with no discussion. Absent for the evening was Councilmember Linda Reel, who also missed the meeting last week that suspended Paul for 45 days.
Beth Ryan
6:26 am on Thursday, March 7, 2013
I agree with Chet Pleban. The damage has been done to Adam Paul's reputation. Adam Paul is a young guy supporting a family. When people woke up and turned on the television after the last city meeting, 'Ellisville Mayor impeached for drinking on the job' was scrolling across the bottom of the screen most of the morning. Today, I do not see 'oh, never mind' written anywhere on television.
Rockwood 25
1:46 pm on Thursday, March 7, 2013
Agreed.
E. Schmidt
6:43 am on Thursday, March 7, 2013
Other coverage here-
http://www.stltoday.com/news/local/metro/ellisville-drops-some-impeachment-charges-against-mayor/article_563bc065-108e-5d79-a3b0-f684f76c50a9.html
I find it odd that both news articles failed to mention the violation of the Missouri Sunshine Law 24 Hour posting requirement for these changes/deletions/additions to the allegations.
It was not clear to anyone in that room, aside from the people sitting behind the dias, exactly what the charges are now.
Patch.com, please request and post a revised copy of the Preliminary Resolution. The version available last night at the City Council meeting is worthless.
Even with the removal of the libelous drinking and swearing allegations ?, these are still very serious charges. The people of Ellisville want to know exactly what they are.
Bryanna Hampton
4:39 pm on Thursday, March 7, 2013
Thanks, E! We are working on acquiring a .PDF version of the amended preliminary resolution we can share here on Patch.
E. Schmidt
5:17 pm on Thursday, March 7, 2013
Thanks. Effort appreciated.
I understand that there might be a bit of a wait involved...as they appear to be making it up as the go along.
E. Schmidt
10:14 am on Friday, March 8, 2013
Bryanna,
Still no luck on getting a final pdf copy of the charges/allegations against Mayor Paul???
Bryanna Hampton
10:22 am on Friday, March 8, 2013
E -- just received it this morning. It's posted in this article now.
E. Schmidt
5:47 pm on Friday, March 8, 2013
Thanks much.
Mike K
9:10 am on Thursday, March 7, 2013
Not only that, Last I checked, Attorney Martin was not a member of the council, and as such, I don't think he has the power to arbitrarily submit legislation for consideration by the council. I thought that only council members could submit and enter resolutions for consideration with public notice at a future meeting.
It is clear that Council member Murray had NO IDEA of what exactly it was that *she* was submitting to the council for a vote. So which is it? Was Mr. Martin directly submitting resolutions to the council "on the fly" or was Council member Murray proposing a resolution that was poorly thought out and Mayor Pro Tem Perrillo failed to control the meeting, failed to follow Robert's rules of order, and do what should have been done the moment Mr. Martin announced that he had received advice that the current amended resolution needed more changes.
I also question the "impartiality" of attorney John Maupin who was hired specifically to preside over these proceedings in an impartial manner. Consulting with the prosecuting attorney on the strategy and viability of their case is a clear and unequivocal act of bias on the part of attorney Maupin. No different than ex parte communications with a judge presiding over a case. I believe that attorney Cheung is currently facing disbarment or censure for that exact same behavior (sending a note to a judge on his case "convict this guy, I'll explain later").
Mike K
9:16 am on Thursday, March 7, 2013
And I do know what the proper procedure for the Mayor should have been at such a meeting, but it isn't my job to tell Mayor Pro Tempore Perrillo what his job is. He is the one asserting that he knows how to be Mayor, not me.
E. Schmidt
1:00 pm on Thursday, March 7, 2013
Big Mike,
Good observations.
I tried to explain last night that everybody is watching everything....and has been for some time.
I also believe they think many of us in Ellisville can't read law.
It's also not hard to anticipate legal moves, bone-headed or otherwise, when there are only so many courses of action to take.
And that there isn't a "cult following" of legal folk and students following this and spit balling it.
Mike K
9:14 am on Thursday, March 7, 2013
Also at the meeting - City Manager Bookout signed us up for a 4-year contract with ATS (the red-light camera company) with a 50/50 "revenue share". Apparently Attorney Martin failed to inform him of the significant risk that such a program/contract may be found to be entirely invalid.
http://goo.gl/7Iv3C
The issue of red light cameras is again under consideration by the state appeals court in St. Louis. The decision on these new cases before the Eastern District Court of Appeals is expected to have state-wide implications.
Suzanne Gundlach
11:53 am on Thursday, March 7, 2013
An additional 4 year contract for something that could be deemed illegal (ATS red light cameras) in the much nearer future is ridiculous *unless* there is a clause for contract termination without penalty is the practice legally must end. This article talks more about the proceedings in Missouri courts: http://www.stltoday.com/news/local/crime-and-courts/red-light-cameras-debated-before-missouri-appeals-court/article_a626f289-82b0-562d-b4f1-11be1dc5e6ea.html
Rockwood 25
1:49 pm on Thursday, March 7, 2013
Martin obviously didn't make sure the charges that were made were proper BEFORE they were made, or didn't believe they would be properly challenged. Either way, doesn't speak well of him.
Mike K
2:52 pm on Thursday, March 7, 2013
I can only assume that since they were alleged to have occurred as far back as May of last year, that he has had ample time to research their validity prior to drafting the resolution District Council member Murray proposed last week. Or at a minimum, advised his clients (the council) as to the obvious and significant risk of passing a resolution that he had drafted in the space of three business days.
Remember, Martin didn't get the resolution for him to draft the removal resolution until the meeting on Feb 20, at the very end, not on the agenda, after they dismissed the Charter Commission claim from Katie James. He had the resolution drafted and posted on Monday evening in order to beat the 24-hr notice for getting it on the Wednesday Feb 27 meeting agenda.
If I was asked to draft something up in two business days (or for with weekend overtime), I certainly would advise my clients that they really should proceed with extreme caution with such a serious allegations and the haste with which it was drafted. But then again, I have a sense of professionalism in my work.
Terri Morrison
1:08 pm on Friday, March 8, 2013
As Mr. Martin in the City Attorney that is the subject of the 2 pages of the resolution dedicated to Item B of the resolution, I suspect he was more guided by personal rather than professional motives in drafting the resolution.
E. Schmidt
3:39 pm on Thursday, March 7, 2013
Some detail from last night.
http://stlouis.cbslocal.com/2013/03/07/charges-lessened-against-ellisville-mayor/
Just reported.
http://www.stltoday.com/news/local/metro/ellisville-mayor-takes-lie-detector-to-prove-he-didn-t/article_15011324-4d07-556e-ae8b-af7383523efa.html
Mike K
4:09 pm on Thursday, March 7, 2013
If Mayor Paul is looking for evidence of slander by Mr. Martin's resolution he drafted by resolution and submitted by Council member Murray, and was unanimously approved by all 5 attending district council members, all one needs to do is look at these article tags:
Related Topics: Drinking, Impeachment, adam paul, and ellisville
Mike K
4:32 pm on Thursday, March 7, 2013
TFTFY: ellisville, paul martin, frivolous, drinking, and impeachment
E. Schmidt
4:42 pm on Thursday, March 7, 2013
I've got to hand it to west news magazine - newsmagazinenetwork.com
They have been reporting many of the pesky details and getting the story "straighter" as a result.
By: Diane E. Samson
http://www.newsmagazinenetwork.com/2013030732049/ellisville-drops-drinking-swearing-charges-against-mayor/
Running Scared
11:14 pm on Thursday, March 7, 2013
I feel bad for the mayor. Not only b/c of bullies but i cant help but wonder about his family life. He keeps discussing his wife and kids and how she "dropped in tears" sounds to me like shes not making his life any easier and only adds to his stress. I haven't see her speak out in any way to support him and in fact I've never seen her anywhere either in the press or at meetings. I realize they have kids but babysitters are readily available. Why doesn't she stand behind her man and fight for him. Could she be adding to his depression and maybe a divorce is in the future when all this is over? A solid family is important in elected officials. If shes upset she would support him rather than hurt his family life.
E. Schmidt
8:58 am on Friday, March 8, 2013
@Running Scared, well what can one say? This is about as dirty as it gets.
The City Council implies the Mayor is a belligerent drunk, puts it in a legal document, it is splashed across the media and then withdraws the charges/allegations.
The likes of you implies his marriage is bad to impune his character.
Scum is the work that comes to mind.
This is real Chicago style politics right here in Missouri.
Mike K
11:48 pm on Thursday, March 7, 2013
Who says she doesn't support him? Psssst. She has. You must be new here. And the Mayor doesn't seem depressed. Are you a licensed psychologist qualified to make over-the-internet diagnoses?
At least he doesn't hide his problems in a bottle of booze. He has a solid family. So you don't think gay people should hold office? Since they can't marry in Missouri. Interesting assertion you make. Could you be a bigot or a troll?
Mike K
1:10 am on Friday, March 8, 2013
You don't get it. Mrs. Paul *has* spoken out publicly in support of her husband. It's not her prerogative to 'defend' her husband. I respect his family and their choice of privacy.
We didn't elect his wife. We elected Adam Paul to represent us, something the council has clearly lost its understanding of.
@RunningScared, you really shouldn't do meth before your first post. Project much?
robert kerr
4:42 pm on Friday, March 8, 2013
Bryanna,
Should you not be neutral in this argument? Just because someone eggs you to post whatever, does not mean that you should further that view...stay neutral, my dear.
Bryanna Hampton
5:10 pm on Friday, March 8, 2013
Robert, thanks for your comment. Patch-wide, we aim to share relevant and related information through links or in .PDF form like this whenever possible.
Several comments have also been removed from this thread. Let's keep the discussion on track and within our Terms of Use. Thanks everyone for joining the conversation!
Caffeinated
11:41 pm on Friday, March 8, 2013
Easy there, guys. Little mikey may be a racist, bigoted, stupid little man with the personality of a dung beetle... but he has every right to express his stupidity.
Nobody takes him seriously, I assure you.
Mike K
6:21 am on Saturday, March 9, 2013
Use the inappropriate reporting button (which does not exist on the mobile version, Patch) if you feel a post is ... Inappropriate or violates the Patch terms of service.
Joe, I think you meant "little" mike k (who also goes by MIKE K). He is also a 'troll' who has nothing better to do than make the most outrageous bigoted, racist, homophobic, uninformed, and inflammatory posts he can. He thrives on negative attention. Use the inappropriate post reporting button and ignore him.
He most assuredly is not me, Mike K.
E. Schmidt
1:17 pm on Saturday, March 9, 2013
@Joe Bollinger
@K huggard
When "little mike k" [ MIKE K ] gets really, really mad, he'll go tell tell the city council on you if you are mean to him on the Patch. I am not joking.
So, be forewarned that this is the level of maturity we're dealing with here out of a 60+ yr. old man.
robert kerr, I believe is faculty member at SLCC-Wildwood as best I can tell - from his claim that he teaches history at the post-secondary level and this-
http://www.ratemyprofessors.com/ShowRatings.jsp?tid=1506234
I explain his incoherent and illiterate postings to myself by assuming that English is not his native language. Otherwise, it doesn't say much for our community college system. Since it wears me out trying to decipher his postings, which are riddled with misspellings and bizarre leaps of bad logic, I have just chosen to ignore him entirely. [ If only his students could do that. ]
[ I sincerely apologize to the Bob Kerr at SLCC-Wildwood, if you are a different person from out Patch poster. ]
The possible removal of Mayor Paul on March 27th and the fast-track of a TIF for RPA-2 [ Son of Walmart ] is where we need to focus our attention.
Both of you are kind of new here, so I thought I'd give you a head's up that there's no need to waste your time with these two posters.
MIKE K
8:38 pm on Saturday, March 9, 2013
tsk tsk tsk, you of all people trying to supress free speach. Go have another donut Big E. By the way those pro Paul posters are great fodder for my fireplace.
K huggard
11:33 pm on Saturday, March 9, 2013
I've spent the last 48 hours either defending myself trying to get my name off of here, so this goes against my better judgment, and contradicts my actions I realize...Admittedly I, myself, made the situation worse as I am sure my friends, whose arms I sought comfort, only made things worse in some of the ways they reported trying to help
Sir please, don't attack people personally, it is simply in poor taste. Calling someone fat. is proof that you've run out of ideas. Ms. Schmidt is a beautiful woman with a good heart.
As for the rest of humanity? Frankly I've lost faith.
Can we please stop fighting and killing each other? Its a Wal-Mart. Bottom line. Put it in, don't put it in who cares anymore. No $5 pair of jeans is worth a man's livelihood, reputation and career.
In the last 2 days I've had a small taste of what Mayor Paul has been enduring constantly since all of this started. It broke me. The man said he has thick skin yet, I'm at a loss as to how he is surviving such vicious attacks. I really wish he had the power to change the world, though he is just one man trying to do it on his own.
So please, take what's left of your heart and focus on helping those less fortunate than yourself. Each choice you make can help someone's day. There are those, whose problems far exceed the potential Wal-Mart, and its sad when you make the comparison. I pray that there are still good people somewhere in the world.
You reap what you sew...
As for me? Im done -XO
MIKE K
12:28 pm on Sunday, March 10, 2013
Cry me a river darling. Have you bothered to notice what I have been called on this site: bigoted, racist, homophobe, uninformed, troll, etc. etc. etc. by the anti Walmart crowd. Go back to momma and leave this fight to the big boys. March 27th is right around the corner and then we can rid outselves of Kindergarden Paul once and for all and get our city back on track. If Big E and her section 8 housing crowd is swept out as well, what a wonderful day that will be for Ellisville.
Caffeinated
12:31 pm on Sunday, March 10, 2013
>>"Cry me a river darling. Have you bothered to notice what I have been called on this site: bigoted, racist, homophobe, uninformed, troll, etc. etc. etc. by the anti Walmart crowd"
Don't forget stupid. You're really stupid.
robert kerr
12:30 pm on Sunday, March 10, 2013
Ms Schmidt,
You see Ms Schmidt, I deal in facts, not emotion when dealing with an issue.
First, it was Alliance 9 that started the lawsuits.
Second, those lawsuits attempted to replace individuals that were freely elected.
Third, you or the people you are representing, that live in an apartment complex, are renters. Renters do not have say in property owned by another.
Fourth, an election happened and some people believed that a mandate from the voters (all 750 of them) could stop the Walmart project.
Fifth, some people believe that just because they won the mayors office, thought they had carte blanche in the council voting.
Sixth, when the vote was in the affirmative, 5-2 for the Walmart project, the lawsuits began by the anti-Walmart group.
Caffeinated
12:38 pm on Sunday, March 10, 2013
Speaking of stupid...
>>"First, it was Alliance 9 that started the lawsuits. "
A9A didn't file a lawsuit.
>>"Second, those lawsuits attempted to replace individuals that were freely elected."
A9A didn't file a lawsuit.
>>"Third, you or the people you are representing, that live in an apartment complex, are renters. Renters do not have say in property owned by another. "
This is true. So what?
>>"Fourth, an election happened and some people believed that a mandate from the voters (all 750 of them) could stop the Walmart project. "
An election happened that people believe showed a mandate that the council follow the desire of the people they represent. They didn't.
>>"Fifth, some people believe that just because they won the mayors office, thought they had carte blanche in the council voting. "
Carte blanche? Nobody believed this, and the idea is patently stupid. Show me a quote of someone stating this.
>>"Sixth, when the vote was in the affirmative, 5-2 for the Walmart project, the lawsuits began by the anti-Walmart group."
The "anti-Walmart group?" The lawsuit was filed by the owner of a property bordering the development.
And the community college teacher manages to get *every* fact wrong. Your poor students...
robert kerr
12:31 pm on Sunday, March 10, 2013
Ms Schmidt,
Continued,
Seventh, the argument about the sales tax is erroneously reported by your side. No taxpayer money is being given to Walmart or Sansone. The TIF is to be paid (a % of the sales tax generated) by customers who will shop on that corner. If you choose not to shop there, then you will not pay the sales tax or the TIF. That is your option of boycotting...perfectly legitimate. But, you should respect my position by wanting the Walmart to be built so I can shop there.
Eighth, I have no idea if the mayor did any of the actions that he is accused of, but since the council voted 5-0 to look into the matter, should a complete record be taken?
Ninth, I am very concerned by the charge of using a recording device to record private conversations in the council meetings. That action is a breech of protocol and you, should be as outraged as I am, by the charge.
Please take your bliders off and don't be rigid in your thinking.
I proud not to hide behind any pseudonym.
Caffeinated
12:40 pm on Sunday, March 10, 2013
You're still going? Wow. Factually wrong, long winded, and illiterate. You're the trifecta of asinine.
Careful everyone. You might get gentrified.
robert kerr
12:57 pm on Sunday, March 10, 2013
Caffie,
Your boring..no depth in your thinking.
Caffeinated
1:03 pm on Sunday, March 10, 2013
Bobby,
The word "your" is the second person possessive adjective which is used to denote possession. The word "you're" is a contraction of "you are."
An example of this would be: "If your teacher is Robert Kerr, you're not getting a very good education."
MIKE K
1:15 pm on Sunday, March 10, 2013
Come out from the shadows caffeinated. Identify yourself if you dare or is it because you don't want mommy to know you are using her computer while hiding in your parents basement.
Caffeinated
1:19 pm on Sunday, March 10, 2013
Really, "MIKE K"?
:)
robert kerr
1:26 pm on Sunday, March 10, 2013
Caffie, I know, your the savant in the room! I don't debate neophytes.
Caffeinated
1:29 pm on Sunday, March 10, 2013
>>" I don't debate neophytes."
Probably because you don't know what the word "neophytes" means.
Suzanne Gundlach
12:01 pm on Wednesday, March 13, 2013
NOTICE OF VENUE CHANGE
The hearing on the Resolution to remove Mayor Paul will be held at Ellisville Elementary School Gym, 1425 Froesel Drive on Wednesday, March 27, 2013 at 6:00 p.m.