CLAYTON — ºüÀêÊÓƵ County on Tuesday filed to remove a Republican county councilman from office for hiring a relative.
ºüÀêÊÓƵ County Prosecuting Attorney Wesley Bell filed in court to bar Councilman Dennis Hancock, of Fenton, from participating in any official activity or exercising any authority until the case can be heard by a judge.
Hancock said he tried to hire his stepdaughter as his legislative assistant, a position that pays about $53,000 a year. She started last week, he said, but her new hire paperwork hadn’t gone through.
“The county counselor called me yesterday to tell me that I was in violation and that I would have to give up my seat,†Hancock said.
“I’m certainly not going to take this lying down.â€
Hancock said he didn’t know he was barred from hiring relatives.
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Bell said Tuesday that the state constitution “,†and that, upon hiring a relative, the elected official forfeits his or her office.
“I take no pleasure in pursuing this action,†Bell said in a statement, “but based on the clear language of the constitution it would be a dereliction of our duty to not bring this matter before the court.â€
If the order is made permanent, the ºüÀêÊÓƵ County Republican Party would elect a nominee to run in a special election to replace Hancock, said party chair Rene Artman.
But Artman said the effort appears political — County Counselor Dana Redwing, the county’s top lawyer, is appointed by County Executive Sam Page, a Democrat.
“This is abominable,†Artman said.
Redwing declined comment. Page spokesman Doug Moore said a “whistleblower†brought up the issue.
Elected officials in the region have been pushed out before under the state constitution’s nepotism clause.
In 2014, for instance, ºüÀêÊÓƵ Recorder of Deeds Sharon Quigley Carpenter abruptly resigned after admitting to hiring a relative in violation of the state’s nepotism law.
Hancock said Redwing, the county counselor, called him Monday to tell him that the hiring had violated the constitution.
ºüÀêÊÓƵ County courts received Bell’s petition just before 1 p.m. Tuesday.
The petition said Hancock’s stepdaughter, Hollie Galati, started work on Aug. 19 at a salary of $24.88 per hour. She would also have received a $300 monthly vehicle allowance plus other benefits. Hancock acknowledged the hiring and the relationship, the court records said.
The petition asked the court for a preliminary order barring Hancock from acting officially, and a permanent order, effective Aug. 19, ousting Hancock from his position.
ºüÀêÊÓƵ County Associate Circuit Judge Julia Pusateri Lasater signed the preliminary order. And, for a few hours, that blocked Hancock from any official action as a county councilman, and threw into doubt his participation in the day’s 3 p.m. council meeting.
Hancock said Tuesday he wanted to hire Galati because he trusted her, she was qualified and she was looking for a job.
After he heard from Redwing, Galati decided not to take the job and agreed not to be paid for last week’s work, Hancock said.
But by midafternoon Tuesday, Hancock said he had not yet been served. Even as the council meeting was getting ready to start, Kimberly Mathis, an attorney for Hancock, was working to get the preliminary order lifted.
Mathis argued the prosecutor’s office didn’t properly notify Hancock and didn’t follow the proper procedure in asking Lasater to sign the order Tuesday morning.
In a hearing on the case that afternoon, Circuit Judge John N. Borbonus agreed, saying the last-minute nature of the order “silenced the voice†of Hancock’s constituents.
“That’s problematic in this court,†Borbonus said.
Mathis walked the order to the county government building shortly after 3 p.m., with the council meeting underway.
Hancock was already participating in the meeting. Republican Councilman Ernie Trakas of South County questioned the legality of Hancock’s votes.
“I believe that there’s a significant likelihood that because of the existing order, served or not, there may be issues related to votes taken tonight,†Trakas said. “We need to be aware of that.â€
Meanwhile, Mathis had handed Borbonus’ order to the council’s budget coordinator, Chris Grahn-Howard, who walked the order to the dais and handed it to Democratic Council Chair Shalonda Webb of North County. She read the order aloud.
“Respondent is restored to his full authority as a ºüÀêÊÓƵ County councilmember at this time,†she said.
“So, we can move and proceed on to the voting,†Webb said.
The council was expected to vote Tuesday afternoon on a measure to hire its own attorney to represent it in court and provide legal advice.
Hancock noted that his experience Tuesday was a good reason for the council to have its own attorney.
The motion passed 4-3.
Hancock has until Sept. 17 to file a response to Bell’s petition.