Terbrock's Swearing-In Prompts Faux Security Skirmish

Alderman Jimmy Terbrock on Monday was sworn in to the Ballwin Board of Aldermen, prompting vocal objections from Alderman Ron Markland that nearly led to Markland’s removal from the meeting.

Terbrock was sworn in more than a month after the April 5 elections, when he beat out challenger Dr. Raj Sajid in his re-election bid for Ward 1 Alderman. Both before and after the election, however, Markland and others said Terbrock should not have been eligible due to he paid to St. Louis County.

Markland said that he believed Terbrock should step down. When Markland began making a formal motion questioning the grounds for Terbrock's swearing-in, he was cut short by Mayor Tim Pogue, who then threatened to have the Chief of  Police escort Markland out of the meeting.

“Well, he’s a very honorable man," Markland said. "He and I would enjoy that.”

At the previous board of aldermen meeting, it also was revealed that Sajid based on the election standings. Sajid said he'd prefer to the settle the issue outside of court, although a copy of the suit was submitted to the city last month. The suit has not yet been filed.

"I don't have any active comment yet," Sajid said Monday. "I'm going to talk it over with my team and then we'll make a decision."

A central question regarding last month's election results is whether property tax payments to St. Louis county can qualify as a municipal tax. All candidates signed an affidavit as part of the filing process stating that he or she was up to date on those fees and taxes as of the last filing date.

Terbrock's late payment was paid to the county, not the city, but Markland and others contend that because a portion of residents' county property taxes are funneled back to the city and applied to sewer lateral fees, it therefore qualifies as a local tax or fee.

Ballwin City Attorney Bob Jones said Sec. 1115.305 of Missouri state statutes may exempt Ballwin board candidates from related state law defining tax eligibility.

Jones said he contacted the St. Louis Board of Election Commissioners regarding those issues and expects an update later this week, possibly as soon as Tuesday.

“But it would be nice if the Board of Election Commissioners would give us some guidance one way or another.”