Updated at 7:45 p.m. with comments from Trakas
ST. LOUIS COUNTY • A special prosecutor asked the courts on Saturday to remove County Councilman Ernie Trakas from office, determining that he violated the county charter by for three outstate school districts.
St. Charles County Prosecutor Tim Lohmar said Trakas’ part-time work for the Jefferson City, Cape Girardeau and Sikeston districts ran counter to a charter provision barring council members from holding any other governmental employment.
“Legal representation and services rendered to a public school district is ‘employment’ within the meaning of†the charter provision, Lohmar said in a filing with the ºüÀêÊÓƵ County Circuit Court.
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Trakas, in response, said the attempt to remove him from office was part of an orchestrated attack by County Executive Steve Stenger “to end investigations into pay-to-play schemes†in county government.
ºüÀêÊÓƵ County Prosecutor Robert McCulloch, a Stenger ally, had asked for a special prosecutor to be appointed to look into the Trakas employment issue.
Trakas is currently leading into county leases for office space at the old Northwest Plaza.
Trakas didn’t address on Saturday, however, Lohmar’s conclusion that he had violated the charter. The councilman has previously said the provision didn’t apply to his contract work because he wasn’t an employee of the school districts.
He had said the idea that his work disqualified him from office was “the thinnest of legal theories.â€
Stenger has previously said that he had nothing to do with McCulloch’s action against Trakas and that McCulloch didn’t take direction from him.
On Saturday, Stenger’s spokesman, Cordell Whitlock, said only that “this matter is between the special prosecutor, the assigned judge and Mr. Trakas.â€
If the courts agree with Lohmar, Trakas’ removal could have major political consequences.
Trakas, a Republican from south ºüÀêÊÓƵ County, has been a consistent vote against initiatives of Stenger, a Democrat.
Lohmar, in filing a quo warranto petition, also asked that ºüÀêÊÓƵ County judges disqualify themselves from ruling on the issue and that the case be reassigned to a judge in another county.
Lohmar asked for the reassignment to avoid “any appearance of impropriety.†He pointed out that Trakas and other council members approve the county budget, including some funding for the courts.
If Lohmar’s request was granted, the Missouri Supreme Court would pick a judge to decide the issue.
Lohmar, a Republican, was appointed to investigate the matter by ºüÀêÊÓƵ County Circuit Judge Douglas Beach after McCulloch said he couldn’t do so because it could be seen as a conflict.
Trakas had been among council members who, days before McCulloch’s motion was filed, voted to reduce McCulloch’s pension benefits.
McCulloch, a Democrat, had asked in December for a special prosecutor to be appointed after a report on KMOV-TV (Channel 4) about Trakas’ contract legal work.
Trakas, a lawyer in private practice, was first elected to the council in 2016 to represent the 6th District, which covers about 150,000 residents in the Oakville, Mehlville, Affton and Lemay areas.
He has said he was paid less than $1,000 last year for the work he performed for the three school districts in his specialty area, disability.
Trakas has directed hearings on the office space at the old Northwest Plaza site in his role as chairman of the council’s ethics committee.
At issue is the Stenger administration’s to rent space at a shopping area owned by major donors to Stenger’s campaign.
The hearings are focused on property selection and negotiations that resulted in an unprecedented 20-year lease.
Trakas said he felt that the “lawsuit against me is nothing but harassment.â€
Democrats hold a 4-3 majority on the council, but sentiment there on issues related to Stenger doesn’t clearly fall along party lines.
Indeed, Council Chairman Sam Page, D-Creve Coeur, defended Republican Trakas on Saturday. In words similar to those of Trakas, he said the charter violation issue amounted to “a frivolous political hatchet job†raised by Stenger and his allies.
If a judge agreed with Lohmar and ousted Trakas, the county charter says the remainder of his term would be filled at a special or general election. That’s the procedure that has been followed over the years when council members resign.
Nominees would be chosen by Democratic and Republican county committee members from townships in Trakas’ council district.
Jeremy Kohler of the Post-Dispatch contributed to this report.