Bob Koerber heard the rumors as soon as he filed his paperwork to run for mayor.
In a small town , population 2,389, there are few secrets.
Word on the street was that the incumbent mayor, Tom Shabel, was planning to file a lawsuit to keep Koerber off the ballot. The two men are neighbors. Shabel lives on East Third Street. Koerber lives a block away on East Second. For that matter, so does a third candidate, Rich Lauer, who has run for mayor before.
Koerber bought his house two years ago. A former business professor at the University of Memphis, he and his wife thought Hermann would be a great place to retire. They bought their house, started working on it, and lived there off and on as they were still finishing up business commitments in Tennessee.
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That’s not how Shabel sees it.
He doesn’t think Koerber qualifies for the ballot, but he denies having anything to do with a potential lawsuit.
“I’m not aware of anybody who said they were going to file a lawsuit,†he told me when I called on Thursday. Then he proceeded to tell me all the reasons why his neighbor shouldn’t be allowed to run. Over the past two years, the incumbent mayor says, the Koerbers “came up occasionally on weekends.†They didn’t change their utility bill address until the summer of 2015, Shabel said. Koerber didn’t get a Missouri drivers license until July.
For a guy who said he hadn’t heard any talk of a lawsuit against Koerber, Shabel seems to have studied the issue carefully.
So I asked him again: Are you sure nobody in the city was talking about such a lawsuit?
His answer shifted.
“The city attorney has recommended that we not waste city money challenging him,†Shabel said.
But who asked the city attorney to look into the situation?
“The city clerk,†Shabel said.
Wrong again.
What Shabel didn’t know is that city attorney David Politte left a paper trail.
Politte is an attorney in private practice in Washington, Mo., who contracts with Hermann to be its city attorney. On Jan. 4, he posted a note on an email listserv where municipal attorneys share information and seek advice from each other. It’s a private listserv, but an attorney who had read my column on election shenanigans in Wentzville — where the council aimed at keeping one candidate off the ballot — thought the Hermann situation also needed some attention. This attorney shared Politte’s email with me.
“I represent the City of Hermann,†Politte’s email begins. “Our Mayor is asking about challenging the eligibility of his opponent who filed to be placed on the April ballot based on his residency.â€
Politte went on to explain his understanding of the law, and the fact that he saw the lawsuit as a “long-shot.â€
“Our mayor would like for the City to petition to remove the opponent. I’m recommending he obtain independent counsel and file on his own,†Politte wrote. “Any thoughts?â€
Indeed, several other municipal attorneys weighed in. This case is a stinker, they said.
“Sounds like the Mayor is wanting to spend the city’s money to fight his battle,†offered one municipal attorney.
Koerber didn’t need to see the city attorney’s email to know who was behind the rumors that his candidacy might be challenged.
“He’s the one,†he said of Shabel.
Apparently, the mayor had second thoughts after hearing from the city attorney. He says he has no plans to spend his own money and challenge Koerber.
Of course, it doesn’t help his case that last year, he appointed Koerber to the Planning and Zoning Commission. Or that Koerber last year ran for the Hospital Board.
The city election is set for April 5.
Win or lose, Koerber said he and his wife are happy with their move to the historic little Missouri River town about 90 minutes west of ºüÀêÊÓƵ.
“We have a great little city here,†Koerber said. “We should have an election on the issues, not innuendos. We’re really too small for dirty tricks.â€
The incumbent mayor begs to differ.