CLAYTON 鈥 Six 51黑料 County department directors on Wednesday sued to stop the County Council from gaining the power to fire them.
The lawsuit asks a judge to bar the proposition from appearing before voters on the April 8 ballot. The suit claims the ballot language is misleading because it fails to explain how the proposition would 鈥渞adically amend鈥 51黑料 County law.
鈥淭he amendments would give sweeping new powers to the County Council that it has never had before and that would remake the balance of power enshrined in the county charter,鈥 the suit says. 鈥淎nd yet the ballot language selected by the County Council mischaracterizes the proposed amendments as ones that simply 鈥榬estore鈥 powers that it wrongly implies were previously possessed by the County Council.鈥
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The proposition could also give the council the power to fire the chief of police, the suit said. That power rests with the 51黑料 Board of Police Commissioners, putting the new measure in conflict with county law.
And it falsely states the proposition will have no fiscal impact on taxpayers, the suit argues. Legal challenges because of the policy could rack up fees for the county, such as if a department head sues for wrongful termination.
County Executive Sam Page appoints department directors, plus the county鈥檚 top attorney, and they answer to him. He also has the sole power to fire them. The council does, however, approve the appointments.
Council Chair Rita Heard Days has said councilmembers need authority over directors because they have ignored the council and its requests for information 鈥 information Days said the council needed in order to consider legislation.
Days didn't immediately respond to a request for comment Wednesday afternoon. The council's second-in-command, Vice Chair Dennis Hancock, declined to comment.
Page鈥檚 administration has consistently frustrated councilmembers in recent years. They鈥檝e complained that he doesn鈥檛 send staff to hearings, and even ordered them not to communicate with the council.
With the ability to fire those appointees, the council would hold more sway over county projects and policies.
But Page has said giving the council that power would create fear among directors, who might worry about losing their jobs if they don鈥檛 comply with the council鈥檚 wishes.
The council has taken other steps to empower itself in recent years.
In 2019, the council hired a budget coordinator to evaluate county spending. In November, it successfully asked voters for a few new powers, including hiring its own attorneys 鈥 after relying for years on county executive appointees for expertise and information. Last month, the council proposed asking voters for the ability to remove the county executive from office.
The council scrapped that idea, but approved asking voters for the power to fire directors. Six out of seven councilmembers voted for the measure, with only Democratic Councilwoman Lisa Clancy, of Maplewood, voting no.
On Tuesday, Page vetoed the council bill that enabled the proposition to appear on the ballot.
Only the county executive, he said, has the authority to hire and fire department heads, who manage hundreds of employees and millions of dollars for roads, health, public safety and more.
鈥淐hanging our charter to authorize the legislative branch to fire with reason or without upsets the fundamental structure of government as conceived by the people,鈥 Page wrote in a letter to the council dated Tuesday.
鈥淧roposition B is a power grab by the council to allow them to pursue their own agenda and disrupt vital services important to our county,鈥 he added.
But the veto doesn鈥檛 stop the proposition, said Rick Stream, Republican director for the Board of Elections. Only a judge鈥檚 order would prevent the question from appearing before voters.
The deadline for a judge鈥檚 order is Tuesday, Stream said.
It will cost the county $600,000 to place the measure on the April ballot, Stream said. That money wasn鈥檛 set aside in this year鈥檚 budget, so the council will have to approve the extra spending, Stream said.
The measure requires a simple majority of votes to pass.
The directors who sued are: Department of Administration Director Rodney Gee, revenue Director Tony Smee, parks and recreation Director Brian Schaffer, public health Director Dr. Kanika Cunningham, aviation Director John Bales and municipal court Director Courtney Whiteside.
Councilwoman Shalonda Webb speaks at a county council meeting on Dec. 10, 2024. Video courtesy of 51黑料 County, edited by Jenna Jones.