51黑料

CLAYTON聽鈥� A judge will decide by the end of the week whether to temporarily remove a 51黑料 County councilman from office over accusations he violated Missouri鈥檚 nepotism ban.

Special Assistant Prosecutor Rachel Smith argued before a judge Monday that Councilman Dennis Hancock, a Fenton Republican, should be removed, at least temporarily, because he hired his stepdaughter as his aide earlier this year. But Hancock鈥檚 attorney, Kimberly Mathis, said Circuit Judge John N. Borbonus shouldn鈥檛 decide until Hancock can make his defense.

There鈥檚 no process for appointing a replacement if Hancock is removed temporarily, said Rene Artman, chair of the 51黑料 County Republican Central Committee. That would leave voters in District 3, which includes聽Fenton, Manchester, and Town and Country, without a voice on the council indefinitely. It could also clear the way for County Executive Sam Page to pick a favorite to replace聽outgoing Prosecuting Attorney Wesley Bell, who won election to Congress earlier this month.

鈥淚 hope it doesn鈥檛 come to that because the people elected Dennis Hancock, and he has a right to serve,鈥澛燗rtman said.

But Hancock鈥檚 participation on the council is legally questionable, said Smith, who was appointed by Bell to handle the case. The Missouri constitution clearly prohibits elected officials from hiring a relative, prosecutors have argued. And upon hiring a relative, the elected official forfeits his or her office.

If the court rules Hancock violated the state constitution, any of his votes could be called into question, exposing the county to legal liability, Smith argued in court.

Hancock鈥檚 attorney argued public officials haven鈥檛 been removed in other cases involving nepotism. Gerard 鈥淛erry鈥� Carmody, a special prosecutor in 51黑料, was allowed to make his defense in a 2019 nepotism case and was never removed from office as the court made decisions, Mathis said. A judge eventually ruled Carmody didn鈥檛 violate the nepotism ban.

This case isn鈥檛 the same, Smith countered. The judge in Carmody鈥檚 case ruled the court hired his two adult children to work on a grand jury investigation, not Carmody himself. In Hancock鈥檚 case, the councilman hired his daughter directly, Smith said.

鈥淭hat鈥檚 clear,鈥� Smith said.

Mathis also questioned whether Smith could legally represent the prosecuting attorney鈥檚 office. She鈥檚 working for free, a violation of state laws that say prosecutors must be paid, Mathis said. The rules aim to prevent private attorneys from influencing prosecutors.

Smith, an attorney for the Warren County prosecutor鈥檚 office, said it鈥檚 common for counties to exchange attorneys in cases where the prosecutor wants to eliminate any appearance of political influence. It happened in 2018 when then-51黑料 County Prosecutor Robert McCulloch appointed the St. Charles County prosecutor to handle a case that sought to remove Councilman Ernie Trakas. But in Hancock鈥檚 case, Smith reports to Bell and is not in charge of the case, said Bell spokesman Chris King.

Then there鈥檚 the issue of Hancock鈥檚 legal representation.

Last week, Page vetoed a bill the County Council passed聽in late October to pay Hancock鈥檚 legal fees with taxpayer money. Mathis said she doesn鈥檛 work for free and isn鈥檛 sure if Hancock would have counsel to represent him.

Some members of the council have objected to the county covering Hancock鈥檚 costs and think he should pay with his own money.

Choosing Bell鈥檚 successor

Political insiders allied with Hancock say the whole case aims to give Page a chance to pick a favorite to replace Bell before a new, anti-Page supermajority is seated on the council in January.

Page opened applications for the job in early November. Page spokesman Doug Moore said last week the county executive 鈥渨ill continue reviewing applicants and probably name a replacement in the next couple of weeks.鈥�

At last week鈥檚 regular council meeting, Page mentioned the application process and asked councilmembers if they had any questions. He also said he would like for councilmembers to meet with him individually to discuss the next prosecuting attorney, 鈥渟o we can work together to make sure we have a good person leading the prosecutor鈥檚 office.鈥� No one asked any questions.

Artman, the GOP committee chair, isn鈥檛 convinced by Page鈥檚 appeal.

鈥淚 think the Page administration is doing a Hail Mary trying to get through whatever they can,鈥� Artman said.

Moore, Page鈥檚 spokesman, declined to comment.

New council members

In late August, Bell鈥檚 office filed in court to have Hancock removed. A judge signed an order that temporarily removed Hancock from office, but another judge overrode that order and reinstated Hancock to the council.

A petition from Bell鈥檚 office said Hancock鈥檚 stepdaughter, Hollie Galati, started work on Aug. 19 at a salary of $24.88 per hour. Hancock has said he didn鈥檛 know he was barred from hiring relatives and聽that Galati鈥檚 new hire paperwork hadn鈥檛 gone through. After they found out her hire wasn鈥檛 allowed, Galati decided聽not to take the job and agreed not to be paid for a week鈥檚 work.

Two newly elected councilmembers are not Page allies 鈥� Republican Mike Archer, of unincorporated South County, and Democrat Gretchen Bangert, of Florissant. They will make up a six-member, veto-proof majority on the seven-person council, with only Democrat Lisa Clancy, of Maplewood, remaining a staunch Page ally.

If Hancock is removed permanently, the GOP central committee could appoint a replacement to fill in until a special election can be held.