By Phyllis Schaltenbrand
It was reported to The First Capitol News that an attempt to set up and frame Mark Brown has failed. On Thursday, August 18, Councilman Brown received a phone call from a St. Charles employee who told him to be careful; “They (City Hall) are out to get you.” The next day, City Administrator, Allan Williams, returned Councilman Brown’s call. Councilman Brown asked Mr. Williams, “Do you have any idea what’s going on?” Williams responded, “I have a file that I am getting ready to send out that says you owe the city $225, and you have refused to pay (this bill) after numerous requests since July 21st of 2000.” Administrator Williams told Brown that according to the file he had, “…it shows that the city made several attempts to collect this money, and you have failed to pay. The file also shows that you never received a final occupancy permit to move into the house where you live at 476 Pearl Ridge.”
Councilman Brown stated, “I was dumfounded and beside myself. I said ‘Dr. Williams, that’s impossible. When I ran for office in April of 2004, they did a complete check with the state, county, and city governments, and the city clerk even made me pay a water bill that wasn’t due yet before I could file. The city clerk cleared that I had no outstanding debt to the city. How can they now say I owe them $225 from the year 2000?’” Brown says Williams told him, “I have a letter in front of me (Williams); in July 27, 2000,(See Exhibit B on Page 12) where the city warned you that you owe $225 for a sewer tap and the letter states that they will not give you a final occupancy permit until you pay the amount in question.” Williams went on to tell Brown that he also had a final occupancy inspection in which there is mention of six items that needed to be taken care of before the city could give him an occupancy permit. Williams noted, “The final item states, ‘Carol said that Mark Brown still owed the $225 difference in his sewer tap cost. Must be paid before clear final is given(See Exhibit C Page 12).’” Williams went on to say that there was an unsigned handwritten note in the file. This note stated that the city had contacted Brown by phone, and Brown said he would pay the bill if he got around to it. Brown told Williams, “This is impossible, and this is obviously a set-up to damage my character and create negative publicity for me and my family.” Brown said, “I know Williams has been acting as the mayor’s campaign manager instead of our city administrator; but, I can’t believe Williams would be involved in this type of unethical conduct.”
What Brown didn’t know is that according to the city charter, any elected official in default must forfeit his office. Williams forwarded a copy of the file to Councilman Brown. Councilman Brown stated, “When I started looking through the copies in the file, it was a joke.” Brown stated the final occupancy inspection that the city released to certain media just two weeks before, didn’t have the note on it that stated that he owed $225 (See Exhibit D on Page 12).
It was apparent that the note had recently been added, because it was much darker than the rest of the copy on the form. He stated that, “The letter that was fabricated and put in the file dated July 27, 2000, was sent to 476 Pearl Ridge, and there were no homes on Pearl Ridge on that date (See Exhibit B on Page 12).” Councilman Brown showed the First Capitol News numerous letters that were sent to him from the city postmarked from July through November of 2000, and all of them were addressed to his place of business on Page Avenue. Brown also showed the First Capitol News itemized receipts for fees and building permits for his home dated July 7, 2000 and another dated August 21, 2001, which show each permit that was applied for and a total balance due of $0 (See Exhibit E on Page 12).
Brown said, “Armed with this information, on Monday morning, I contacted Councilman Koester to go with me to City Hall and be a witness.” Brown said he showed all the discrepancies to City Administrator Allan Williams and demanded he bring the original file to the office so that he could prove that the occupancy inspection form had been altered which became clear as day once the files arrived. Councilman Koester stated that, “The dates and documents were pretty shocking and it was evident that things in Mr. Brown’s files had been tampered with.” Even the Chief Code Enforcement Officer, John Benisch, stated, “We don’t do final inspections unless all permits and fees are paid in full.”
Williams told Brown that he made some good points and that he was very concerned that one of their employees may have altered forms within the city. Williams said that he planned to do a full investigation concerning this matter. Williams went on to tell Brown that he wished he’d just pay the $225 and put this issue behind us. Brown responded, “That’s out of the question, and I want to know who forged this information and put it in my file.” Brown said he then left the City Administrator’s office and went to the City Clerk’s office where he asked to see the minutes from the meeting where the $225 recoupment fee that they were trying to charge him was approved.
Brown said, “When Marilyn McCoy, the City Clerk, handed me the ordinance, and it was signed into law November 21, 2000, I almost fell off my chair”(See Exhibit A Page 12). Brown stated, “How could they write me a letter on July 27, 2000, stating that I owe money for a fee which wasn’t even put into law until November 27 of 2000? (See Exhibit A Page 12).” Brown went on to say, “I could understand if the letter they claim they sent was dated November 27, 2000 and they were trying to write a letter making the fee retroactive, but this phony letter was dated four months before the ordinance had even been signed.” Brown said, “This is the most damaging evidence to prove conspiracy to commit fraud on the city’s behalf.”
Just before going to print we received a call from Councilman Mark Brown who stated “I just received a call that these unscrupulous characters took these forged documents to the county prosecutor and the state attorney general’s office to try and get me removed from office. I was informed neither office planned to take action.
When asked who he thought was responsible Brown replied, “I know the mayor and her developer friends have been out to get me since I was elected. I have learned that one of her Campaign supporters, Ken Kielty,” who Brown described as a wannabe Republican, “had recently asked for and received from City Hall, a resolution from 1984 about a councilperson who forfeited his office because of residency problems. Kielty also requested ordinances regarding removal of an elected official from office. I was also told Kielty and his sons had a private meeting, a few weeks prior with Attorney General Jay Nixon at Stegton’s in St. Charles.”
Kielty, is one of the chairmen of the Mayor’s Legal Defense Fund along with Millionaire Developer, T.R. Hughes.
Brown went on to say, “This is what happens to innocent people who stand up for the residents in the city who are being taken advantage of by large developers and builders. This proves this administration will go to any extent to protect narrow interests that do not serve the majority of our city residents. If you stand in their way, these desperate people will do whatever they can to take you out.”
“I said before, this administration is a cesspool, and it appears that this cesspool is starting to overflow.”
Brown went on to say, “I am concerned for the average citizen in this city. If our administration will do this to an elected official, what will they do to the average citizen who has a complaint against one of their fair-haired builders or developers?” Brown said, “I want something done about this.”
City Administrator Williams has not responded to our requests for comments.
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