IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION urging the Jackson County Ethics Commission to appeal from the order of the Circuit Court of Jackson County, dated October 6, 1995, in the case of Anthony Barber v. Jackson County Ethics Commission, No. CV95-16912.
Intro
RESOLUTION # 10981, October 16, 1995
INTRODUCED BY Dixie Flynn, County Legislator
Body
WHEREAS, on October 6, 1995, the Circuit Court of Jackson County, in the case of Anthony Barber v. Jackson County Ethics Commission, No. CV95-16912, entered an order holding that the Ethics Commission "is without authority to exercise subpoena power;" and,
WHEREAS, the desire for an independent Ethics Commission, with subpoena power, to investigate complaints of ethics violations and conflicts of interest was the driving force behind the Jackson County voters' adoption of the amendment to the Jackson County Charter which created the commission; and,
WHEREAS, the circuit court's decision calls into serious question the Legislature's own subpoena power set forth in Article II, 16.35 of the Charter, and that of the Jackson County Commission on Human Relations and Citizen Complaints set out in Article X, 4 of the Charter; and,
WHEREAS, without subpoena power, the Ethics Commission cannot perform all of the duties which the citizens expect of it and by their vote mandated that it perform; and,
WHEREAS, it is the best interest of the health, welfare, and safety of the citizens of Jackson County that the circuit court's decision be appealed to the Missouri Court of Appeals, Western District; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Legislature urges the Ethics Commission to appeal from the decision of the Circuit Court of Jackson County, dated October 6, 1995, in the case of Anthony Barber v. Jackson County Ethics Commission, No. CV95-16912...Attorney
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
_________________________ __________________________________
County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 10981 of October 16, 1995 was duly passed on ______________________, 1995 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _________________ Nays ______________
Abstaining _____________ Absent ____________
______________________ _____________________________________
Date Mary Jo Brogoto, Clerk of Legislature