2006-02-17 Emergency Special - Laserfiche WebLink

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Purpose of this Meeting It had been learned that City Manager Frank Ollendorff had advised the City Attorney to file a legal petition on Tuesday, February 21, 2006, to remove the names of two University City candidates from the Election ballot based upon an unnamed city resident’s written complaint. At this time Tuesday, February 21, 2006 was the next business day. The City Council had been neither officially informed about this petition nor was its advice sought about proceeding with this matter.. The allegation asserted that 3 names needed to be removed from the ballot for the upcoming April 4, 2006, election due to the City Clerk illegally certifying that these names belonged on the ballot. According to this unnamed citizen, the cited 3 candidates had not paid their personal property taxes, a legal requirement. Factual Background The one page written and signed statement was given to the City Clerk very late in the th day of Monday, February 13, 2006. Tuesday, February 14, the City Manager directed City Attorney Mulligan to immediately review this allegation to determine what should be the city’s action. Councilmember Wagner asked the City Manager if under his administrative functions when a complaint is received, does he normally immediately go to court to test the legality of the assertion? Mr. Ollendorff replied that he receives thousands of complaints and his investigation does not automatically result in his calling the City Attorney. It was pointed out that the City Clerk, Joyce Pumm, had called the County Board of Elections to determine the type of actions that should be taken. She was advised to call the City Attorney and did. At this point Councilmembers Wagner and Welsch stressed that Mr. Mulligan should have investigated this with Ms. Pumm and the Council since the not City Clerk works for the Council, for the City Manager. However, the City Council was not informed of this situation. Many phone calls, at least 20, were made according to Mr. Ollendorff to determine what action was needed. The City Clerk was included in some of these discussions. The City Manager did not speak with the unnamed citizen; the City Attorney and the City Clerk did so. Since it was the City Clerk’s job to verify that city taxes were paid by every candidate whose name would be placed on the ballot, she had inquired of the city’s Finance Director Willie Norfleet, if all of the candidates who wished to run for public office in April, 2006, had paid their city taxes and any assessments on the date of their signing. (Prior to this questioning, Ms. Pumm had every prospective candidate sign a form which she had given to them stating that they had paid their city taxes and any city assessments; this form had been placed in the files which she kept on every candidate.) Mr. Norfleet responded that all municipal fees and taxes had been paid by the prospective candidates. Later when Mr. Ollendorff inquired of Mr. Norfleet if all candidates had paid their personal property taxes, he and the City Clerk were informed that Mr. Norfleet had 2 Revision Date: 2/27/06