Judge Robert Mayer told the Stoddard County Commission that it was brought to his attention that the commissioners split on the appointment of Debra Robey and Dave Cooper. Commissioner Carol Jarrell nominated Robey and Cooper to the Public Water District Number 5 Board at the October 11 commission meeting.
Talkington seconded but voted no saying the commission did not have the authority to appoint board members. The presiding commissioners vote trumps the other commissioners vote in a situation where there is only two commissioners.
Mayer submitted a document to Stoddard County Clerk Cecil Weeks. In this document Mayer broke the tie and voted yes to the appointment of Robey and Cooper to the Water District Number 5 Board.
Mayer said in the document that under Missouri law 105.030 Paragraph 2 Subsection 2 when there are only two commissioners and they cannot agree on an appointee the judge of the circuit court (Mayer) shall vote. Mayer pointed out that it said shall vote not may vote, meaning he is required to vote in this situation. Mayer said the statute gives him no authority to alone appoint members to the water district board.
“That Water District #5 of Stoddard County currently has only one director in office and four vacancies,” Mayer said in the document submitted to the county clerk. “That pursuant to 247.090 R.S.Mo., a majority of the board members is required for a quorum. As a result, the Board of Directors for Water District number 5 is unable to pay bills or perform its basic services without three board members.”
“Now on this 14th day of October, 2022, I, Robert N. Mayer, Presiding Circuit Judge of Stoddard County, pursuant to 105.030.2(2) R.S.Mo. and as a tie breaking vote, vote yes for the appointment of David Cooper and Debra Robey to the Board of Directors for Water District #5 of Stoddard County,” said Mayer in the document.
Mayer said he knew there were issues with Water District Number 5 and he didn’t know all the details but he was doing what he was required to do under Missouri law.
Talkington said 150.030 says in the first sentence “originally an elected position.”
Mayer said he was aware that Talkington disagreed with the interpretation of the statute and Talkington believed the commission did not have the authority to appoint the board members. Mayer said he respected Talkington’s opinion and was not there to debate with him on the issue.
Mayer said this was his interpretation that he had to break the tie and his concern was the water district didn’t have a quorum. He said with the two Jarrell nominated the water district would have a quorum and could conduct business. Mayer said he wanted people to understand that he did not have the authority to act alone in appointing anyone to the board. However, he had the authority and was required under Missouri law to vote in this situation. Mayer then left the commissioner’s meeting.
Jarrell asked if she should make a motion to accept Mayer’s vote. Talkington said he he didn’t think they had to accept it, but he didn’t know yet.
Jarrell made a motion to accept the vote from Mayer. She said that being the circuit judge he knows more than she knows and with Mayer having done the research she would make the motion and let Water District Number 5 move forward for the citizens and tax payers of the district.
Talkington said they don’t have the option that he knew of to accept or reject the vote. Jarrell said she wanted her motion to be in the minutes. Talkington said it doesn’t need to be in the minutes because Rob (Mayer) had already done his thing therefore they din’t have the authority to accept or reject the vote. Talkington said he would not second it because he was waiting on a call from attorney Travis Elliot to see what their options were.
Jarrell said she would make the motion and Talkington not second it. She would vote yes and Talkington would vote no, this way there would be a record. Talkington said that was fine, if she wanted a record there would be a record.
Stoddard County Collector, Josh Speakman, who was in attendance, pointed out Talkington had to second the motion for a vote to take place. Talkington went on to second the motion for a vote to take place.
Jarrell voted yes but Talkington voted no saying 150.030 says in the first sentence “originally an elected position.” He said the water district boards were originally an appointed position. Talkington said elected positions are recorder, county clerk or assessor.
Jarrell asked who if not the commission could appoint members to the board. Talkington said the circuit judge had the authority in Missouri statute. Talkington said he is the only one that could remove someone as well.
Jarrell said she read where the judge initially in the beginning of the board he could appoint. Talkington said again Mayer is the only one who could remove someone as well. Jarrell said she had read that but not anything on the procedure should the board collapse, in this case they resigned .
Jarrell said they could argue for six months but something needed to be done and she wanted the vote in the minutes. Talkington said it would be in the minutes.
Other Business
Pete Mace and Terry Bates asked on behalf of new Lisbon Township to be considered for money for bridge repair. They said the potential money was available through the Soybean Association. Presiding Commissioner Danny Talkington said there may be $12,000 available from the Soybean Association.
Mace and Bates said the township had about $20,000-$25,000 to add to the possible $12,000 for the repairs. Talkington asked what road they were interested in addressing. Mace and Bates said there were about eight bridges that badly needed to be replaced but wanted to start with County Road 271.
Talkington said he would get with the Soybean Association and see what was needed from the township to apply for the funds. Talkington said the Soybean Association is doing this across the state and once the necessary information was gathered the commission and the township could go from there.
The minutes for the October 11 meeting were approved but Talkington said the minutes from the special meeting held for the insurance bid opening were unavailable.