CLAYTON, Mo. — When the St. Louis County Council gaveled in for its Tuesday afternoon session, the panel was expected to be short by one member.
But hours after St. Louis County Circuit Judge Julie Lasater ordered District 3 Councilman Dennis Hancock to immediately forfeit his office over claims of nepotism, Circuit Court Judge John Borbonus granted a motion to set aside the portion of Lasater's order that would have barred Hancock from engaging in any activity as a councilman.
"Respondent is restored to his full authority as a St. Louis County Council member at this time," Borbonus' order read.
Hancock attended Tuesday afternoon's council session remotely, where council chairwoman Shalonda Webb read the newest order aloud.
Hancock added he was "happy to get that word" from his attorney.
"I want my constituents to know that I will fight for my council seat. I'm not going anywhere," Hancock told reporters late Tuesday afternoon.
Earlier Tuesday, St. Louis County Prosecuting Attorney Wesley Bell filed a quo warranto motion seeking to expel Hancock from office after he used government funds to hire his stepdaughter as an administrative assistant.
"The Missouri Constitution is clear and unambiguously prohibits elected officials from hiring a relative. The Missouri Constitution is also clear that upon hiring a relative, an elected official forfeits his or her position. The Constitution does not give discretion or take lapses in judgement into consideration," Bell said.
The Missouri Constitution states “any public officer or employee in this state who by virtue of his office or employment names or appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity, shall thereby forfeit his office or employment."
"The (court) process allows the elected official in question an opportunity to respond, and the councilman will have his day in court,” Bell said. "I take no pleasure in pursuing this action, but based on the clear language of the constitution it would be a dereliction of our duty to not bring this matter before the court."
According to county officials, Hancock hired Hollie Galati on Aug. 19 at a rate of $24.88 per hour. The perks included a $300 monthly vehicle allowance and full benefits.
According to court documents, the employment arrangement violated a nepotism clause in the Missouri Constitution.
"I did want my daughter to come to work for me. I freely admit that. She's qualified, I trust her," Hancock said.
When asked if he intentionally committed the act of nepotism, Hancock said, "No. I wasn't aware that it was in the state constitution."
Because Hancock's dismissal was immediate, government sources said security officials had been ordered to revoke his access to the Lawrence K. Roos County Government Building in Clayton pending the outcome of his case. It was unclear if Hancock’s access has been restored.
"I may have made a mistake," Hancock said. "We rectified the mistake and no harm was done."
Fellow Councilman Mark Harder said, "Unfortunately, Mr. Hancock was not served (a summons) correctly, which is part of due process."
A statement from St. Louis County Executive Sam Page said, in part, "Mr. Hancock has admitted he violated the constitution, so the best thing he could do is to step down so the issue is no longer a distraction."
Hancock said he would continue with business as usual until "a judge tells me not to."
The original court order from Lasater gave Hancock until Sept. 17 to file a response.
If Hancock ends up being removed from the council, his replacement would be determined in a special election.