ST. LOUIS COUNTY, Mo. — A judge has determined Rita Days is the chairwoman of the St. Louis County Council and Mark Harder is the vice-chair, despite efforts by former Council Chairwoman Lisa Clancy, Councilman Ernie Trakas and Councilwoman Kelli Dunaway to say otherwise.
Judge Thomas Albus ruled in favor of Days, Harder and their fellow council members Tim Fitch and Shalonda Webb, who voted in January to appoint Days as chairwoman and Harder as vice-chair.
Clancy, Trakas, Dunaway and outgoing Councilwoman Rochelle Walton Gray claimed Gray was still in office during the first meeting of the year even though Webb defeated her in the primary election in August.
"To allow the county to amend its charter and change the effective date of officers' terms while providing no practical way for an elected successor to cut off an incumbent's right to hold over would allow it to effectively violate the Missouri Constitution's proscription against terms of more than four years," Albus wrote.
Fitch brought up that point during the contentious Jan. 5 meeting in which Clancy and Trakas argued they were appointed to lead the council. Clancy called Fitch a "bully" and Trakas called him a "fool," and also reminded him Trakas and Dunaway were the only two attorneys on the council, insisting he was wrong.
"The council majority has felt all along that our actions were legal and proper, we received poor advice all along from County Executive Sam Page's appointed legal council, the court ruled that the council majority was correct and now it's time to move on," Fitch said.
The council majority issued a joint statement Tuesday reacting to the judge's ruling.
"Today, the St. Louis County Circuit Court ruled the election of Lisa Clancy and Ernie Trakas as Chair and Vice-Chair of the County Council on January 5, 2021 was not legal or binding and it upheld the Council’s subsequent election of Rita Heard Days and Mark Harder to those positions on January 15, 2021. This is the outcome that the majority of the Council has supported since electing Days and Harder to office. The Council is pleased that the Court recognized the validity of the January 15, 2021 election, the only vote that included Councilmember Shalonda Webb, who overwhelmingly defeated former Councilmember Gray for the 4th District Council seat in November. Thus, the January 15 vote of Days and Harder represents the will of the majority of the duly elected Councilmembers for the 2021 calendar year and the constituents they represent. The undersigned are glad to have this dispute behind them and are ready to move forward with the important business before the Council."
Clancy issued a statement on Twitter reacting to the judge's ruling:
"I consider this matter settled, and I'm glad to have it behind us. To me, this has definitely never ben about disrespect for Councilwoman Webb or former Councilwoman Walton Gray. Or about race. Or about age. It was -- and remains -- about ensuring the independence of county government from ideology, and about following the rules. With this clarification from the court, we have what we need to put this issue behind us -- and that is what I intend to do."
Trakas and Clancy also asserted Webb did not take the oath of office in time for the first meeting because the County Clerk was not there when she did. The judge ruled Webb did swear her oath on Jan. 4 and presented it to the County Clerk before the Jan. 5 meeting.
He added: "There is substantial evidence in the record that the presence of the County Clerk is a requirement that has not been enforced in the past with respect to other councilpersons."
Page hired Gray following her vote to keep Clancy and Trakas in power as a vaccine outreach coordinator for the St. Louis County Health Department with a salary and benefits of $122,000, according to KWMU.
Page's council critics recently passed a bill to cut the health department's budget by $122,000 -- a move Clancy, Trakas and Dunaway voted against.
Page vetoed the bill and the council is expected to take a vote to override the veto during Tuesday's meeting.
Fitch, Harder, Webb and Days have accused Page of hiring Gray in exchange for the vote to try and keep Clancy and Trakas in power. Clancy's brother is Page's campaign manager, and his council foes have criticized his leadership during the pandemic.
