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Charter Commission Recommends Dismissal of Impeachment Claims Against Ellisville Mayor

The recommendation to dismiss allegations that Ellisville Mayor Adam Paul violated the city charter will be up for review by city council next.

 

Claims that Ellisville Mayor Adam Paul violated the city charter were recommended for dismissal by the Charter Enforcement Commission Monday night.

The commission, consisting of City Council Members Dawn Anglin, Michelle Murray and Linda Reel, unanimously voted to dismiss allegations brought forth by a resident last week. The City Council will then review the recommendation and determine if the complaint will be dismissed or further investigated. If the complaint is deemed valid, Paul would be removed from office.

Katie James, a former city council member, alleged Paul violated the city charter by ordering police to remove a member of the public from meeting premises on two occasions. James was requested to be removed in one incident.

Read more about the claims: Resident Says Ellisville Mayor Violated Charter; Wants Impeachment

Lynette Petruska, Paul's representing attorney with Pleban and Petruska Law, argued that Murray, Anglin and City Attorney Paul Martin should be disqualified from the proceedings shortly before a chairman was selected, saying each had "obvious bias and prejudice against my client" and that Paul was not being allowed due process rights. Martin repeatedly asked Petruska to sit down, adding he would request police to remove her from the room.

Martin explained Paul would have due process rights at a hearing if the matter continued and that public comments would be permitted at the council meeting, calling the commission meeting a preliminary consideration of further action. Shortly after Murray was selected as commission chairman, Petruska approached the dais, continuing to speak against the proceedings. City Manager Kevin Bookout asked Police Chief Tom Felgate to escort Petruska from the room.

Reel made a motion to recommend city council dismiss the complaint with all commission members in agreement.

"I don't consider this a win for myself or for the city," Paul said. "Ultimately I have to represent the majority of voters who elected me to office. That's my job right now."

The city council is expected to review the commission's recommendation at the next meeting Feb. 20 at 7 p.m. at Ellisville City Hall.

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Related Topics: Ellisville City Council, adam paul, charter enforcement commission, and ellisville mayor adam paul

Caffeinated

7:25 pm on Monday, February 18, 2013

Thank you to Katie James, for another fabulous waste of time. Anyway, common sense seems to have prevailed.

Fun fact: Katie James was the subject of such a hearing back in '04. Anyone know the details of that complaint? Also, does anyone know if Mr. Srote was party to this complaint? I'd be curious to hear from him.

On to the April elections! I was able to meet Mr. Cahill this evening. Seemed to be a sensible fellow. I'm looking forward to hearing more from the candidates.

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Tired

9:50 pm on Monday, February 18, 2013

Caffeinated you've clearly shown yourself to be exactly what everyone has obviously known from the start...You're nothing more than a hack for the anti-T.I.F./ anti-Walmart crew...You're not an educated voter and you're as much the problem as any politician on either side of the isuue...I challenge anyone to take a trip down Covert Lane and take a gander at Cahill's property and then suggest that he's right for this or any other city...Walmart's trash bin will look better than Cahill's yard...Disagree all you want with T.I.F.'s and Walmart, but to say that this guy is what's right for the city, is just stupid...And before all you tree huggin' hippies come out in Cahill's defense, keep in mind he voluntarily thrust himself into the spotlight by announcing his run for office...He opened himself up to this type of scrutiny...Now go find the BIG E SCHMIDT and give her a big old hippie, tree huggin type of hug and tell her that TIRED said hello...And in advance, I KNOW YOU ARE BUT WHAT AM I?

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Caffeinated

9:55 pm on Monday, February 18, 2013

Sticks and stones, Tired. Sticks and stones.

Why so crabby?

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Tired

1:14 am on Tuesday, February 19, 2013

I'm sorry Caffeinated...I always get tired and crabby when I get over caffeinated...My bad...This is so easy...WALMART IS COMING...............................................

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Ellisville Shopper

6:42 am on Tuesday, February 19, 2013

"I challenge anyone to take a trip down Covert Lane and take a gander at Cahill's property and then suggest that he's right for this or any other city..."

Is there a lawn maintenance requirement attached to running for city council?

If so, Pirrello should have never been elected. You can't even see the yard for all the vehicles parked around it.

Never mind. That's his girlfriend's lawn. Not his.

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Caffeinated

8:31 am on Tuesday, February 19, 2013

"I'm sorry Caffeinated"

I forgive you. Could you give us a run down on all the candidates and the state of their lawns? Would make a handy voting guide.

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Ellisville Shopper

11:41 am on Tuesday, February 19, 2013

What is this? A political "Revenge of the Lawn" purge?

Will Tired add or subtract points from political candidates for lawn ornaments such as trolls, gazing balls, tire planters, etc...? (I love that stuff.)

What about religious statuary? The Virgin Mary? What if you put her inside an old clawfoot tub with the interior painted blue? (I helped my aunt with one of those.)

What madness is this where candidates are judged by the condition of their yards and the nature of their lawn ornaments rather than the content of their characters?

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MIKE K

12:42 pm on Tuesday, February 19, 2013

Now Now, it's not fair to criticize Mr. Cahill for the sorry state of his property. Those welfare checks simply do not go as far as they used to.

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Caffeinated

12:52 pm on Tuesday, February 19, 2013

Wow, Tired and little mikey hate Mr. Cahill. i can't think of a better endorsement. Not my district, though.

Hey little mikey: is that tiny little lawnlet at your duplex well-groomed? You should have run... 'Tired' would have voted for you and your tiny little lawn.

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E. Schmidt

3:42 pm on Tuesday, February 19, 2013

Tired of KJames,

>>> …Now go find the BIG E SCHMIDT and give her a big old hippie, tree huggin type of hug and tell her that TIRED said hello...<<<

Well, since you brought me back into the conversation…

Please find another outlet for your frustrations. Filing bogus charter complaints for impeachment is tiresome for all of us.

Though, I must thank you for rallying the Anti-TIF Majority on the eve of RPA 2.
I couldn’t have done a better job myself.

We need to pay attention. The taxpayers could easily get “attached to another object by an incline plane, wrapped helically around an axis” on this next project.

For an alternate outlet, try a shopping trip to an outlet mall or one of the many nearby Walmarts (3) . It might soothe you.

Myself, the Tree City Anti-TIF Majority of Ellisville and indeed Hippies and Tree Huggers everywhere would appreciate it.

We are all Tired of you and/or KJames…such as the case may be.

Amy Samuel

9:22 pm on Monday, February 18, 2013

Katie James and Robert Srote the crap starters! I still cannot believe Srote said publically that the residents should not get ANY money back from the lawsuit; what a loser and he wants to represent the people of Ellisville....that is a NO vote from me.

I hope this is the last of the city antics and they can start getting something done around here. I saw the city attorney tonight give orders to the chief, and then all of the information Mayor Paul's attorney released was mind blowing. The city attorney instructing everyone to obstruct a legal process, he must go!

City council and Mayor Paul, please do the right thing for the city and get rid of this city manager and city attorney ASAP. I feel as-if you are wasting my money paying the city manager over 100,000 and he is by any standards under performing. Wake-up elected officials and do what we elected you to do; be our voice!

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Mike K

9:44 pm on Monday, February 18, 2013

I thought Ms. Petruska's performance was a bit over the top and too heavy on the righteous indignation. Not sure if she was baiting Mr. Martin, the city attorney, to do what he did and ask for her removal. Attica! Attica! At some point he had to shut her down because it wasn't her meeting, and the time and place for rebuttal and airing of grievances would be at the following city council hearings (if the commission accepted the validity of the claim). He had to take away her soap box as it wasn't productive or on the agenda, and was disrupting the proceedings.

The point being, of course, to demonstrate Mr. Martin doing exactly what Mayor Paul was accused of by Ms. James.

I did get the sense that the commission knew that if this went forward, then anything from similar events at city councils or even calling the police when a city council member is a victim of a crime and the ridiculousness of that being a violation of the charter. Then again, maybe I'm being too generous towards the commission.

The motion to dismiss was raised by Ms. Reel.

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Ellisville Shopper

6:35 am on Tuesday, February 19, 2013

"The point being, of course, to demonstrate Mr. Martin doing exactly what Mayor Paul was accused of by Ms. James."

Funny how the person running the meeting thinks they're in charge, huh?

As Ms. Petruska noted while she was being led away, Martin gave a signal to the Chief and nodded to have her removed. People in the back told me that Kevin Bookout wasn't involved in ordering the Chief to remove her. He stayed in the hallway.

It's amazing that law enforcement in Ellisville still works without Kevin Bookout's direct involvement. It's amazing that the person running the meeting thinks they're in charge per Robert's Rules of Order.

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Ellisville Shopper

6:54 am on Tuesday, February 19, 2013

"It's amazing that the person running the meeting thinks they're in charge per Robert's Rules of Order."

Maybe that only applies when it's the City Attorney Paul Martin running the meeting? I guess we'll see going forward if we are back to the same botched-up chain of command.

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Ellisville Shopper

7:17 am on Tuesday, February 19, 2013

Per the Patch article ---

"City Manager Kevin Bookout asked Police Chief Tom Felgate to escort Petruska from the room."

So, exactly how and at whose "order" was Ms. Petruska "booted" from the meeting?

Martin threatened to have her removed and said so. As some point he nodded to make it happen. So, who is in charge?

Settling this issue needs to be raised and addressed at the next city council meeting.

Corbin M

7:52 am on Tuesday, February 19, 2013

Either way, Petruska was thorough and did a fantastic job in defending Mayor Paul. Also, what is this banter above about Cahill's yard? Perrillo has a car lot that should be a violation of more than 10 codes.

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MIKE K

4:35 pm on Tuesday, February 19, 2013

Yes, Petruska did such a fabulous job that once they booted her the council could finally get down to business and voted 3-0 NOT TO IMPEACH Mayor Paul. She came across like a bad Saturday Night Live skit. Where does Paul find these losers.

Amy Samuel

8:21 am on Tuesday, February 19, 2013

I wonder how much money Kate James just cost the city for this fiasco? Mayor Paul was forced to get outside representation because our city attorney made the choice to not do his job and represent him. Paul Martin does not appear to know his job as a city attorney, so he shouldn't be one.

As for the police chief he finally got it right! As they should have done at the last meeting, focused on keeping control in the chambers vs. standing there with blank looks on their faces. Police have one job, which it to protect and preserve peace, when they are hired for an event, gathering, or doing patrols throughout our city. They need to remember that, keep their prejudices at the door, and uphold the oath they pledged when becoming officers.

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Michael Rhodes

9:03 am on Tuesday, February 19, 2013

I see that a lot is being made of the city attorney requesting removal Paul's attorney. Does anyone know if the same policy that Paul was charged (not the right way to say that, but cannot think of another way to say it) also applies to the city attorney. I saw this in a previous article:
Section 3.4(c) of the city charter that reads: "Neither the Mayor nor Council Members shall give any orders to any such officer or employee, either publicly or privately."

It seems to only address the elected positions of the city council and mayor. If so wasn't Paul's attorney proving a point with apples to oranges?

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Ellisville Shopper

9:50 am on Tuesday, February 19, 2013

"It seems to only address the elected positions of the city council and mayor. If so wasn't Paul's attorney proving a point with apples to oranges?"

Point taken.

I think the real question is -- Do Robert's Rules (which the City Council adopted) apply when the City Council is in session? That puts the Mayor, who was elected, in charge. Not some tin-plated hired functionary.

Another interesting point ---

"I saw this in a previous article:

Section 3.4(c) of the city charter that reads: "Neither the Mayor nor Council Members shall give any orders to any such officer or employee, either publicly or privately."

And as Atty. Petruska noted, Katie James in her sworn statement cited the wrong section of the City Charter. She cited Section 3.5 -- and couldn't even get the date she got "booted" out of Ellisville Elementary School Auditorium right.

For the life of me, as hard as I looked, I couldn't see the dog, the pony or the kangaroo in the city council chambers. Martin must have had them tied-up behind the desk.

Interesting that we can waste so much time and money on a complaint with a sworn statement that contained so many grievous errors.

What it indicates is that anyone with an axe to grind can go before the City Clerk and file any half-wit, error ridden, sworn statement and throw a monkey wrench into the works.

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Michael Rhodes

10:23 am on Tuesday, February 19, 2013

Have to agree with you. I thought the same thing with the recall. You should have a valid reason to bring a complaint/recall otherwise it wastes money and time. I agree with Paul as no one won this time around.

As a humorous side note I wonder if Paul's attorney still wants the commision memebers disqualified as biased?

Amy Samuel

11:34 am on Tuesday, February 19, 2013

They lost to him miserably and they have been disgruntle towards him from day one. They should absolutely be disqualified; plus, they are sitting council members who will be voting Wednesday as well. What is the point in have a separate commission that is suppose to look at the charter with no bias in city matters, if it is filled with council members that are involved in all city matters? Ellisville needs to get it together, because they are continuously embarrassing themselves and the city along with it. It is so clear that there is a hidden agenda that Mayor Paul is not included in and they are trying as hard as possible to run him out so he doesn't interfere.

Did you see how Michele Murray was glaring at Mayor Paul as-if she wanted to jump over the desk and attack him? She is aggressive towards him for no reason and that should be noted.

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Barbara O.

1:27 pm on Tuesday, February 19, 2013

There has to besome hidden agendas in this town, and someone should start doing some digging. It is evident that Mayor Paul is on the outside of the rest of the councils tactics. From what I have read of the posts, former Mayor Perrillo is up to some dirt and forcing the hand of the other council members and his appointee to the TIF commission Kate James. 'Small Town' politics appears to be up to some big city dirty deeds. There is no telling what kind of damage Perrillo is planning to do to Ellisville, Ballwin, and Wildwood through the Great Streets project he is involved in. I heard recently that Cahill, who is running for city council, went to a great streets meeting and Perrillo is blocking measures for a meeting time that is more convenient for the public to attend; what are they hiding that they don't want us to be involved in?

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Caffeinated

2:26 pm on Tuesday, February 19, 2013

Some enterprising reporter should pull all building permits issued in Ellisville to Wolffe Enterprises LLC for work done on council members' properties, or look at who did the work for some of the principals in this little drama.

If memory serves, an estimate of building costs has to be cited on applications for building permits. Was work done for a steep discount or for cost?

Might be interesting. Might also be interesting to find out if any subcontracting work has been thrown to Wolffe Enterprises by Sansone?

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Barbara O.

6:24 pm on Tuesday, February 19, 2013

@ Caffeinated: I doubt Perrillo has a sophisticated plan in place. I heard my information through the Wildwood grape vine, so I am sure there are some inconsistencies in the story. The more I thought about it, it seems hard to believe Perrillo alone could control the time arrangement because there is a good amount of people that attend those meetings. They should make it more open to the public but either way this city should shape it!

Ellisville Shopper

1:30 pm on Tuesday, February 19, 2013

In retrospect ---

Atty. Petruska mentioned something about Martin not only being disqualified because he was a witness to the events at the last CC meeting, but something about an email or letter he sent, Mayor Paul not being able to prepare his response and obstruction on Martin's part. I think she said it either before or just after she got "booted." Maybe that triggered the "boot?' It all happened pretty fast.

My notes are scratchy and brief. I didn't follow or understand what she was referring to, but it sounds like there is more to this than meets the ear.

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Mike K

4:42 pm on Tuesday, February 19, 2013

The procedural execution of the commission was straightforward, although unclear as this is likely the first time this procedure has been exercised by any of the participants. To say that emotions were running high is an understatement.

Since the council likely has several charter issues that have revealed a significant lack of clarity and/or constitutionality, it is my hope that Mayor Paul drives the agenda (should the rest of the council crawl under their rocks and ignore the problems) on fixing the city charter on these two points (continued):

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Mike K

4:42 pm on Tuesday, February 19, 2013

1. Clarify that law enforcement and first-responder personnel *are* performing their duties as directed by the City Manager when taking direction from the Mayor or City Council members in performing their customary duties and responsibilities to maintain order (including, but not limited to, city council and special commission functions) and protect the safety, lives, and property of the community they serve, irrespective of their position of Mayor or City council member.

2. Clarify that these charter commission procedures are strictly to determine the validity and correctness of the complaint and response filed with the city clerk, and that the complainant and respondent will be entitled to due process and to seek representation during subsequent hearings should the complaint be recommended to the city council for hearings. Furthermore, I also think that the charter commission should provide a reason when dismissing a complaint, and allow for a dissenting opinion when recommending a complaint for hearings.

(continued)

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Mike K

4:43 pm on Tuesday, February 19, 2013

While Ms. James may have the right to file a complaint for any reason, she should at least get a reason from the commission as to why they decided that the complaint was without merit. (such as factual inconsistencies or disqualifications raised in the response). Also, if a matter is found to have merit and goes to hearings, the dissenting views of the commission against that recommendation should be made a matter of the record of the complaint in the review by the council during the subsequent hearings.

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MIKE K

9:35 pm on Tuesday, February 19, 2013

gosh Mike, you are actually starting to make sense. Did you take a smart pill when we weren't looking. Meanwhile the other anti Walmart trolls are still as dumb as a bag of rocks

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Mike K

10:17 pm on Tuesday, February 19, 2013

Nothing to do with walmart. It is about making government work better *for* the people. Not vested interests, personal agendas, and transparency. Walmart is in the past and too late to 'fix' the process or people that started that debacle.

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Ellisville Shopper

6:42 am on Wednesday, February 20, 2013

Big Mike K,

Very reasonable assessment of the current issues regarding the charter that need to be addressed in the immediate future.

"Walmart is in the past and too late to 'fix' the process or people that started that debacle."

A judge or judges can fix "stupid" in regards to Walmart.

And we can wreck the majority of "stupid" on the City Council by voting Tuesday, April 2nd.

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Mike K

7:14 am on Wednesday, February 20, 2013

@ES: "A judge or judges can fix "stupid" in regards to Walmart."

That works both ways. That's what Perrillo was thinking in regards to "recall".

That is another item that needs fixing. Making the Article 9 recall process compliant with the constitutional problem pointed out by Perrillo and ignored by him (he was on the council prior and could have acted to change it and hasn't since either).

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Caffeinated

8:37 am on Wednesday, February 20, 2013

There's a fundamental difference between a few people impeaching an elected official, and an elected official being ousted by election. To suggest that there is equivalency I think is wrong.

My main concern with what's been happening is accountability in local government. Certainly the bar should be set high for recall, but it's a slippery slope to disenfranchisement if we force enumeration of the specific reasons and limit those reasons.

As for what's been happening surrounding the Walmart debacle, it boils down to this: people weren't paying attention when it mattered. Everything that followed has been a struggle between a lot of people trying to obstruct the TIF/Walmart and a few people doing everything they can to stop them.

Inevitably, the will of the people will be reflected as the elections change the makeup of the council. Certainly, people are paying attention now.

As for TIF, my personal belief is that local referendum of the taxpayers puts the issue to rest. There is currently drafted state legislation sitting, waiting to be put to the floor. Predictably, lobbyists for developers are doing everything they can top prevent this from even reaching a vote.

I may be anti-Walmart, but if they paid for themselves or if a majority of residents voted to approve a TIF I'd be absolutely fine with it.

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Caffeinated

9:13 am on Wednesday, February 20, 2013

I think I need to clarify this statement:

>>There's a fundamental difference between a few people impeaching an elected official, and an elected official being ousted by election. To suggest that there is equivalency I think is wrong. <<

Specifically, Perrillo was to be ousted by special election. I don't believe there's equivalency between a few council members ousting another elected official, and the people ousting an elected official by election (special or otherwise).

Perrillo knew he was about to be booted, and hatched a plan that proved fruitful because of the lack of resources of his targets (and the complicit behavior of Paul Martin). He stopped a referendum of the people.

Ellisville Shopper

8:53 am on Wednesday, February 20, 2013

Big Mike,

The judge in the recall case used 3rd class MO city case law and related state statutes, not MO charter city case law and related state statutes. Numerous people noted that, including a few attorneys.

On appeal, the decision might have been overturned.

The attorney for the residents fought to get them dismissed from the case, since they never should have been included in the first place...contrary to Pirrello's claims that he just had to sue them.

City Attorney Martin had no interest in fighting for the City Charter Article 9 recall provision. He just rolled over and played dead. Pirrello benefited form him "playing possum."

Pirrello and the City got the outcome they wanted in circuit court.

On appeal, the story might have been very different.

(If the deadline to appeal hasn't been blown and someone or some law professor wanted to throw time and money at it, the story could still be different.)

Not as cut and dry as you think.

Don't expect anything to get fixed until there is a new regime after the April 2nd election. Mayor Paul doesn't have the votes.

He'll have his hands full trying to prevent the next TIF from being crammed down our throats in record time before they get "booted."

The fun starts after the RFP deadline March 15th.

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MIKE K

8:57 am on Wednesday, February 20, 2013

I'm impressed, even Caffeneinated has demonstrated he has a brain. I agree the April election will go a long way to determining the future direction of Ellisville. However if the "Mayor Paul anti business slate" is elected that will go a long way to sealing the fate of Ellisville as the East St. Louis of West County.

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Caffeinated

9:05 am on Wednesday, February 20, 2013

...and yet nobody at all cares about you or your opinion. Still.

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MIKE K

3:24 pm on Wednesday, February 20, 2013

Spoken like the true putz you are.

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