Swingle to open nepotism probe involving Delta mayor, brother-in-law

~ Candidate who withdrew from race to look into reinstatement.

Cape Girardeau County Prosecuting Attorney Morley Swingle said Tuesday he will investigate allegations of nepotism against Delta Mayor Carol Collins.

But the probe, begun as a result of a complaint from a Delta resident, isn't a top priority for the office, Swingle said. "At the moment, I have more urgent irons in the fire," Swingle said. "Since this situation began in August, it apparently is not something that is urgent at this point. My office does plan to look into it further once we have time."

The issue under investigation is whether the appointment of Dale Hobeck, Collins' brother-in-law, violates the Missouri Constitution's ban on nepotism. Under the ban, anyone who appoints or employs a family member within the fourth degree by blood or marriage -- anyone as close a relation as a first cousin -- forfeits their office.

Minutes from the Aug. 7 city meeting where Hobeck was appointed are vague. The minutes note that due to the resignations of two aldermen, "it was determined that at this time two new aldermen should be sworn in before any further business could be conducted."

The minutes do not state who appointed Hobeck along with Brenda Hargrave or if the sole alderman in attendance, Dennis Bowers, approved the appointments.

Collins, who did not reply to a telephone message seeking comment, has said she doesn't remember who appointed the two but that they were the only town residents willing to take the posts. But Harold Looney, a candidate for the town's board of aldermen in the April 3 election who attended the Aug. 7 meeting, said Collins made the appointments.

Looney filed the nepotism complaint. He said he first approached the Missouri attorney general's office and was advised that faster results might be found with Swingle's office. "Those people bent over backward to help me," he said of the staff in Swingle's office.

The lack of an immediate investigation isn't a problem, Looney said, because he was assured that Swingle's office would examine the issues thoroughly.

Delta's April election ballot will include all four seats on the board of aldermen. A seat became vacant Monday when Alderman Rickey Cobb, who replaced Hargrave in September, resigned after questions about his eligibility to seek re-election were raised. A state law that took effect Jan. 1 bars any convicted felons from being a candidate for elective public office.

But the Missouri secretary of state's office released a memo Tuesday that said the law barring felons from being candidates does not apply to candidates for school board, city, town or village offices, candidates for federal office or county party committees.

Citing other sections of law, the secretary of state's office said that municipalities are likely only covered by laws specifically including them. "As a general matter, it wouldn't apply to fourth-class cities except for fourth-class cities that pass their own ordinances," said Carrie Bebermeyer, deputy communications secretary for the office.

Cobb withdrew from his re-election race. Informed of the opinion from the secretary of state's office, Cobb said he intends to seek reinstatement to the ballot.

"If the law says I can run, I will be back on the ballot tomorrow," he said.

Questioned if he plans to ask for his board seat to be returned, Cobb replied: "Most definitely."

Bowers was bumped from the ballot for failure to pay property taxes. If Cobb cannot regain a ballot slot, there will be a single candidate each for two seats, a contested race for a third and an open ballot for the fourth seat, which may be filled by write-in votes.

rkeller@semissourian.com

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