CLAYTON 鈥 The 51黑料 County Council on Tuesday approved the hiring of attorneys for three members locked in a leadership fight between supporters and opponents of County Executive Sam Page.
The lawsuit, filed Jan. 16 by County Counselor Beth Orwick, accuses four council members of illegally electing Council members Rita Heard Days, D-1st District, and Mark Harder, R-7th District, as chair and vice chair, and asks a judge to restore Council members Lisa Clancy, D-5th District, and Ernie Trakas, R-6th District, to the two council leadership positions.
Clancy and Trakas, supporters of Page, were elected on Jan. 5, the first meeting of 2021, with the votes of lame duck Councilwoman Rochelle Walton Gray.
Gray, a Democrat who had represented the 4th District, also voted on other matters during that meeting, including a bill to expand Orwick鈥檚 ability to contract with outside law firms for up to $400 an hour without council approval.
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Days, Harder and Councilman Tim Fitch, R-3rd District, contend Gray鈥檚 four-year term should have ended on Jan. 1 and that her votes after that date were illegal. But Gray and her council allies, relying on Orwick鈥檚 opinion, argued she was allowed to continue to represent District 4 until her successor Shalonda Webb was sworn in on Jan. 12. The issue was caused by a charter change, approved in August by voters, that delayed the start date for county officeholders until the second Tuesday of January after the general election.
On Tuesday, the council voted unanimously to approve hiring Husch Blackwell, one of the region鈥檚 largest law firms, to represent Days, Harder and Fitch in the lawsuit for up to $525 an hour.
The council, however, did not agree on a bill to hire a separate firm for Webb.
Webb had previously said she wanted to hire attorneys with Smith and Associates, a 51黑料 firm whose founder has worked as a public prosecutor, judge and attorney in several north 51黑料 County municipalities.
But a bill she introduced Tuesday, which was not filed early enough to appear on the council agenda, came as a surprise to Clancy, Trakas and Councilwoman Kelli Dunaway, D-2nd District, who said they were under impression that Orwick had already hired the firm on Webb鈥檚 behalf.
鈥淚t is completely unnecessary and inappropriate,鈥 Trakas said.
Webb argued that Orwick鈥檚 hiring of the firm could be invalidated if the court ultimately finds Gray鈥檚 votes on Jan. 5, including for the bill that extends Orwick鈥檚 ability to contract firms, were illegal.
The council voted 4-2 on Webb鈥檚 motion for emergency approval; Clancy abstained.
鈥淚 would have appreciated more information prior to tonight,鈥 Clancy said.
Despite the pending lawsuit, Days insisted Tuesday on her authority to continue to act as council chair and named new committee chairs, replacing Clancy, Dunaway and Trakas with herself or her council allies.
In other action Tuesday, the council voted unanimously to approve a $1.2 million grant from the U.S. Department of Justice to support county efforts to reduce incarceration by diverting low-level criminal offenders to substance abuse and mental health programs.
The council also voted unanimously to adopt two nonbinding resolutions by Clancy aimed at the Missouri Legislature. One resolution supported a bill by Sen. Brian Williams, D-University City, to enact a sweeping police reforms including a ban on police chokeholds.
The second resolution criticized the state for requiring repayment of a total $96 million in unemployment benefits Missouri mistakenly paid out between January and September. A bipartisan coalition of state lawmakers have argued the repayments aren鈥檛 fair, particularly in light of the COVID-19 pandemic.
The council also adopted a resolution by Harder to ease COVID-19 health orders by allowing 50% capacity for indoor dining venues. Page on Tuesday announced restaurants could allow that capacity starting Thursday, but Harder said his resolution includes churches. Clancy and Dunaway abstained from the vote.