SC MAYOR VETOES JUDGMENT TO BREAK TIE

SCOTT CITY -- Scott City Council members Monday night clashed with Mayor Larry Forhan over the issue of whether or not the mayor should be allowed to vote to break a tie in the eight-member council.

"The mayor is elected to act as an executive officer, not as a legislative member of the council," said Brenda Moyers, Ward 1 councilwoman.

The controversy originated at the close of the Dec. 21 meeting, when the council went into closed session to discuss personnel matters.

When voting on the appointment of Scott City Police Chief Robert Elledge to a permanent status, the council deadlocked, voting 4-4 on Elledge's future.

Ward 2 Councilman Kenneth Holden Jr. made a motion to pursue a declaratory judgment on whether the mayor may vote to break the tie. Ward 4 Councilman Terry Johnston seconded the motion.

The council passed the motion 6-2, to send the matter to the courts.

The judgment would cost the city a minimum of $175, plus attorney costs.

Following the December meeting, Forhan sent a letter to council members informing them of his intentions to veto the motion for the judgment.

Forhan gave council members five reasons - including citing two fairly recent Missouri attorney general's opinions - supporting the mayor's right to vote to break a council deadlock.

After reading the letter into the record Monday night, Forhan added that the cost of the judgment far outweighs any aid it could be to the council.

"I refuse to sign this (order for judgment)," Forhan said. "It would be a waste of time and money to do this.

"Cities a lot larger than Scott City don't go through this kind of thing," Forhan said.

Moyers said, "So in our fight to right what we feel is wrong, we are, in fact, being blackmailed by cost."

She said she had no problem with Forhan casting the deciding vote on regular council matters, but objected to the mayor casting the final vote in favor of people he appointed.

On Monday, the council was left with the option of overriding Forhan's veto, which would take the vote of six of the council's eight members. Ward 4 Councilman John Smith did not attend Monday's meeting.

After much heated discussion, the council managed to gather only five votes to override Forhan's veto. As a result, the effort failed.

Holden was outraged.

"I'd just like to say that it's a real injustice when the mayor can veto his own action," Holden said. "Not only that, but when he is able to get backing from members of the council who should instead be serving community members, perhaps those members - and the mayor - should consider resigning."

In other council matters, the council agreed to accept Kenny Drive as a city street, meaning the city is now officially responsible for the upkeep of the street.

Forhan will meet with a representative from Southwestern Bell on Thursday to discuss the future of 911 services in the Scott City area.

Ward 1 Councilwoman Ladonna Phelps, chairman of the finance committee, will look into the city's financial needs and the availability of state or federal grants for civic improvements.

"I'm not promising anything, except I promise to make a lot of phone calls," Phelps said.