Missouri appeals court judges have given a ballot measure allowing the St. Louis County Council authority to fire department leaders a new lease on life.
But they also gave foes of what’s known as Proposition B an avenue to challenge its implementation if voters approve it Tuesday.
Proposition B would authorize the council to fire department heads and the county counselor with five out of seven votes. Some of St. Louis County Executive Sam Page’s department heads filed a lawsuit against the measure, contending among other things that the ballot summary was misleading.
St. Louis County Circuit Judge Bruce Hilton initially yanked Proposition B off the ballot, but an appeals court reversed that decision and put the measure back before voters. On Friday, three judges from the Missouri Eastern District Court of Appeals ruled that Hilton “lacks the authority to grant declaratory relief on local ballot matters and is powerless to remove Proposition B from the ballot absent specific statutory authority.”
That means that the St. Louis County Board of Elections will count the votes for Proposition B on Tuesday.
“Undoubtedly, the Proposition B language could be improved to reflect a more balanced summary for voter consideration,” the judges wrote. “In sum, we must honor the intentions of the General Assembly and resist acting when the elected representatives have not specifically authorized this form of judicial review and relief.”
But the court also wrote that “even if voters approve Proposition B on April 8, [St. Louis County department leaders] retain the ability to challenge the outcome following the election pursuant to Missouri law.”
“Like the learned circuit court, we do not make this decision lightly,” the judges wrote. “As previously stated, we remained concerned about the ballot word choice and the potential fiscal impact but we balance these concerns with removing a ballot proposal from voter consideration. And while we embrace the concept of courts using their inherent authority to act, statutory considerations limit this power involving election matters.”
Proponents of Proposition B contend it will provide a greater check to the council on the county executive’s authority. The council includes six members hostile to Page — which means they would potentially have enough votes to fire his department leaders or the county counselor.
Page and other Proposition B foes say the measure is a power grab that will provide a disincentive for people to serve in county government.
