51黑料

If the 51黑料 County Council hoped that its no-debate decision to spend tax money to educate the public on another tax proposal would be ignored, those hopes have been dashed by Tom Sullivan.

And given Sullivan鈥檚 long history as a government watchdog and critic, the council probably should have seen this coming.

Sullivan filed a complaint Monday with Missouri Attorney General Andrew Bailey, taking the council to task for voting last week to spend $300,000 to mount an 鈥渆ducational campaign鈥� on a proposed 3% sales tax on the sale of recreational marijuana.

On April 4, the county and a number of municipalities in the county also plan to ask voters to approve a similar 3% measure.

Sullivan said the county action is yet another case of a local government violating a state law that bans the use of public funds for campaigning.

鈥淛ust go look at Election Board website; there鈥檚 always some campaign that they say, 鈥極h, it鈥檚 just informational.鈥� They do it all the time, and school districts are the worst,鈥� Sullivan said.

鈥淏ut everyone gets away with it, so they keep doing it,鈥� he said. 鈥淭hey can just stonewall ... and little can be done to stop it.鈥�

That has not, however, kept Sullivan from trying.

On the county鈥檚 action, Sullivan鈥檚 complaint to the state specifically alleges that the council violated the Missouri Sunshine Law when, without published notice, it changed the original spending amount to $300,000, from $150,000.

鈥淚t is requested that your office fine the County Council members ... and also require another vote鈥� on the proposal, Sullivan wrote Monday.

鈥淚f another vote isn鈥檛 taken, then it鈥檚 requested you take the Council to court and have the legislation nullified as the law allows,鈥� he said.

For good measure, Sullivan also notified Assistant U.S. Attorney Hal Goldsmith about the matter and suggested that federal intervention would help because local officials consistently refuse to take action 鈥渋n regard to elections laws.鈥�

Goldsmith handled a number of recent high-profile public corruption cases, including those targeting former County Executive Steve Stenger and former 51黑料 Aldermanic President Lewis Reed.

鈥淭hey are regularly violated and elections are continually being corrupted 鈥� but local prosecutors will do nothing,鈥� Sullivan said.

Sullivan has not personally filed a lawsuit over this recent matter 鈥� in part because he already has another similar lawsuit working its way through the legal system.

That suit stems from action last year in University City, when Sullivan and other University City residents sued the city over an educational campaign for a sales-tax increase for the fire department.

The plaintiffs argued that the city broke state laws because the literature it produced on the ballot issue clearly leaned in favor of the measure.

In February 2022, the Missouri Supreme Court affirmed a state law that bans the use of public funds for campaigning. That ruling stemmed from a move in 2019 by several municipalities to have the law overturned.

But then in August 2022, a 51黑料 County circuit judge dismissed the lawsuit, saying the issue was moot because the election already had been held and that the plaintiffs did not have proper standing to file the suit.

Sullivan鈥檚 side has appealed that ruling and filings in the Missouri Court of Appeals are due later this week.

As to the bill being passed without discussion, Councilman Mark Harder, R-7th District, said there was indeed some talk about the cost increase, just not before the full council.

Harder said he and Councilwoman Shalonda Webb, D-4th District, met with County Executive Sam Page鈥檚 staff about the increase. Webb and Harder are the council鈥檚 chair and vice chair, respectively.

Harder said it was agreed then that with only four weeks left before the election, $150,000 was not an adequate amount.

鈥淪o we decided to spend $300,000 to make $3 million,鈥� Harder said, then referenced the county鈥檚 $41 million budget deficit. 鈥淎nd we certainly need the $3 million.鈥�

Doug Moore, a spokesman for Page鈥檚 office, said the money would be used mostly in standard ways, by buying print and radio advertising.

Moore said the county will use Elasticity, a 51黑料 marketing and advertising firm.

The language used in the campaign materials will be checked by lawyers, Moore said, 鈥渢o make sure it doesn鈥檛 cross that line鈥� of showing support or endorsement of the proposal.

Only two of the seven County Council members opposed the spending: Rita Heard Days, D-1st District, and Dennis Hancock, R-3rd District.

Hancock said backers of the sales tax should have formed a committee and raised money to support their aims.