By Tony Brockmeyer
In an apparent attempt to mislead the residents of St. Charles and to deflect criticism directed towards her, Mayor York, at the City Council meeting on March 22nd, announced, “I just got a little thing that I wanted to say here and I really wanted to do this for the public. I really haven’t been reading some of the articles in one of the local tabloids. I want to take this opportunity to clarify an issue that seems to be reoccurring in it. Interestingly most of the public isn’t concerned. Every place I go nobody is talking about it. Many understand the job of Mayor. I just wanted to take a moment and clarify contracts and the issue of contracts.
Council passes an ordinance and when that happens that tells myself as Mayor and Chief Administrative Officer of the City and our staff to go forward and make that happen. By charter I have to sign all contracts, documents, easements anything to do with that ordinance.
Even if I veto an ordinance and I want the public to know this, and if it is overridden, I have to by ordinance sign all the contracts, easements, everything. Like it or not. Once it is passed by the Council my job, as Mayor is to go ahead and sign that.” (Editors note; The contract with Express Scripts was not ready for renewal, the legal department had not reviewed it and it had not been approved by the City Council as required by ordinance. It was apparently signed illegally by the Mayor and could indebt the city $200,000)
The Mayor went on to say, “In this particular issue Express Scripts was one of the contracts layered onto Marsh Advantage. There are no secret documents or anything else. They are on file in our city and we have that. One of the things that has not come out is that this gave the city the ability to save taxpayers $40,000 a year. Unfortunately that’s not been told.” (Editor’s note; There has been no evidence of any savings. It has been estimated the apparent illegal signing of the contract by the Mayor may cost the taxpayers in the neighborhood of $200,000. There were no documents in City Hall. The legal department had never seen the contract. The City Clerk who is in charge of all documents and records had never seen the contract. Express Scripts did send a copy of the contract the Mayor illegally signed to City Hall after the Council requested it. As the Broker of Record Marsh Advantage brings all contracts to the Council for approval before the City enters into them. This did not happed with the Express Scripts Contract.)
Further, the Mayor said, “I know there has been a reoccurring issue of impeachment. The ability to impeach the Mayor and its been written about this. And I just want to assure the public that this is patently wrong. Our Charter does not allow for impeachment. Fourth Class cities allow for impeachment but our charter only allows for recall.” (Editor’s note; Webster’s New World College Dictionary defines IMPEACHMENT – TO BRING A PUBLIC OFFICIAL BEFORE THE PROPER TRIBUNAL ON CHARGES OF WRONGDOING. Section 3.13 along with 31.23 to 31.26 provides for bringing charges against an elected official of St. Charles, including the Mayor, along with the procedures for a trial and the suspension or removal from office or from performing official duties. The Mayor can be impeached.)
The Mayor continued, “I am here to tell the public that I fulfilled my duty as Mayor to sign the documents that the council approved. I am bringing this up because I am just a little tired of the innuendos. They really don’t bother me because I do my job the best that I can day by day every single day and I come in here and do the best I can. But my family, especially my kids have asked me to explain to you to the public the process of contract signing so they don’t have to keep taking the kidding they are getting from all their friends.” (Editor’s note; The contract signed by the Mayor had not been reviewed by the legal department, had not been approved by the City Council as required by ordinance, and there was no copy or any evidence of the contract in City Hall until a copy was requested from Express Scripts after this matter was brought to light. The Mayor’s children range in age from 19 to approximately 27 and one is a St. Louis City Police Officer who lives in St. Louis.)
In her comments the Mayor was referring to a story in the February 5th edition of the First Capitol News where we reported; ‘ILLEGAL CONTRACT DRAWS FIRE Mayor signs secret document without record being kept in City Hall, and a story in the March 19th edition of the First Capitol News headlined, ‘Unauthorized Signing of Contract By Mayor Could Result In Her Impeachment – Council To Hold Hearings Subpoena Witnesses”.
In June of 2004 Carrie Caskey, who was then the Human Resources Director for the City, brought a contract to the Mayor renewing an agreement with Express Scripts who provided prescription drugs to City employees. The contract was not due to be renewed and the legal department had not reviewed it nor had it been approved by the City Council as required by City ordinance. The Mayor went ahead and signed the contract. At the time of the signing the Council was working on a new insurance plan that would not have included Express Scripts. After the Council approved the new insurance plan Express Scripts informed the City they were going to hold the city to the terms of the Express Scripts contract signed by the Mayor (illegally).
When an attempt was made to cancel the contract illegally signed by the Mayor, Express Scripts advised the City Administration it would take approximately $200,000 to buy out of the contract. A search of City Hall failed to locate any such contract. The City Clerk, who is the keeper of records for the City never received a copy of any such contract. No such contract had been approved by the City Council as required by ordinance.
By a vote of 10 to 0 during an Executive session of the City Council, the members agreed to start an investigation into the activities of the Mayor. The City Charter gives the City Council authority to conduct investigations and to subpoena witnesses and to bring action against elected officials or remove them from office.
City Council President Rory Riddler told the First Capitol News, “The City Clerk has been instructed to query the Council members as to available dates. We have developed a list of witnesses to be called.
The hearings should begin shortly.”
