POPLAR BLUFF, Mo. -- A special prosecutor has asked Poplar Bluff City Council member Jack Rushin be removed from office because of misconduct, according to documents filed Wednesday in Butler County Circuit Court.

Rushin forfeited his seat by voting to appoint his first cousin to a city committee, violating nepotism laws, Kacey Proctor, Ripley County assistant prosecuting attorney, said in the documents.

Rushin had no comment when asked about the matter after Wednesday's city council meeting. Rushin has said he did not feel his actions were wrong.

Rushin is represented by city attorney Robert Smith, who filed motions Wednesday for a change of judge and a change of venue.

The motion for change of judge was granted by Butler County Presiding Judge Michael Pritchett.

The case has been referred to the Missouri Supreme Court for assignment. Greg West, Rushin's first cousin, was among members named in February by the city council to a city hall feasibility study committee, according to Proctor.

Rushin holds a city office of great trust in the care, management and control of the city of Poplar Bluff, he said.

He violated those duties by casting a vote for a relative within the fourth degree, Proctor said.

The law on nepotism also governs voluntary or unpaid positions, according to the documents.

Members of the city hall committee were asked to advise the council concerning the future placement of city hall, conduct a cost analysis to determine the best course of action and to perform other tasks, Proctor said.

"Committee members were entrusted with the duty of making a recommendation to the city council about what to do with city property and large sums of taxpayer dollars," he said. "Therefore, (Rushin) appointed his first cousin, Greg West, to a position of public employment on the city hall feasibility study committee when he voted in favor of the creation of the committee and the appointment of Mr. West."

The city council on May 4 accepted West's resignation.

Pertinent address:

Poplar Bluff, Mo.