In collaboration with Jimmy Oldsun, NDRIRSRWRAFTC & Editor
A letter from Attorney Ivan L. Schraeder of the Lowenbaum Law Firm and dated 4/2/2010 was read in open session at this past Thursday's meeting of the Gasconade County Commission.
The letter was address as follows:
Mr. Ron Jost, Presiding Commissioner
County Commission
Gasconade County
119 E. 1st Street
County Courthouse
Hermann, MO 65041-1185
The subject of the letter was referenced as follows:
Re: Official Capacity - County Legal Expenses, Lackman v. Jost, et al
The body of the letter read as follows:
Dear Commissioners:
Now that the Lackman lawsuit against the County has become FINAL and the Trial Court's order reversed, the Trial Court's order prohibiting payment by the County of the costs of litigation has also been reversed. This raised the question as to whether the County can reimburse Associate Commissioner Lairmore and former Associate Commissioner Aubuchon for their legal expenses and attorney fees incurred in the defense of their respective positions in their official capacity as Commissioners of Gasconade County. Inasmuch as the defense of the action was for activities that each of these Commissioners engaged in their official capacity, the County should reimburse each of them for the legal expenses and attorney fees incurred in defending the litigation in their official capacity.
Each of them should provide copies of the bills paid by them to the County Commission for reimbursement immediately. Upon presentation of their legal bills, the reimbursement should be made.
Your attention to this matter is greatly appreciated.
Sincerely,
Ivan L. Schraeder
Stay tuned! The plot is thickening!
At this time Hermann Hearsay is choosing to withhold comment until Jimmy and I can investigate the matter more fully.
The only things which are clear to Hermann Hearsay and which we are prepared to report to our readers at this time are:
1. Defendants in the commissioner salary overpayment lawsuit which was settled some time ago, namely Associate Commissioner Jerry Lairmore and former Associate Commissioner Max Aubuchon, are apparently not satisfied to "leave a sleeping dog lie". Through their attorney, Mr. Schraeder, they are seeking reimbursement of their legal expenses and attorney fees from Gasconade County rather than seeking such reimbursement from the Plaintiffs in the lawsuit against them, 'Sandra Lackman, Matt Penning et al'.
2. Defendants Lairmore and Aubuchon, by and through their attorney Mr. Schraeder, are about to reignite another bittter round of acrimony between the county's three sitting commissioners. Lairmore and Aubuchon have consciously made their choice to procede in this way. We shall now see how far they get with this attempt to get the taxpayers of Gasconade County to pay their legal expenses and attorney fees. We will see how the taxpayers of the county respond.
When Jimmy and I have more to report on this developing matter, we will bring it to ALL of our readers. Unlike our competition over at CNL, we will make our findings and discoveries immediately available to ALL readers. We won't make you PAY for a subscription here at HH to get the important information you need as a taxpaying citizen of this county. Doing so would just be plain un-American!
Clark Kant
Editor In Chief
Jimmy Oldsun
NDRIRSRWRAFTC & Editor
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Oh boy! Here we go again!
ReplyDeleteA. E. Newman
Bland, MO
Thanks for reporting on this letter! At he other site, you have to pay first before you can read it!
ReplyDeleteJethro
Let me get this stright ..... At a time when the county is in deep financial distress (employee benefits cut, no raises available for county employees, white rock budget overspent, no money to maintain the courthouse, etc.), these clowns want the county to pay their personal and private legal expenses and attorney fees. Don't they have money from those salary overpayments from which to pay their bills?
ReplyDeleteIt will be interesting to see what position Presiding Commissioner Jost takes on this matter! He's being opposed in the primary election by popular Hermann Mayor Larry Miskel, isn't that right?
Oliver T. Shagnasty
Reserved me a front row seat at next week's county commission meeting! Ha ha ha!
ReplyDeleteBarry Schmelly
The boys down at Sharp Corner and I can't even believe this crap! I bet Roho a case of Milwaukee's Best that this won't get off the ground!
ReplyDeleteElmer
Give me a f*(&^%g break!
ReplyDeleteAntonio Luigi Cockalotti
Can Jerry and Max prove all of their expenses? Who paid the legal bills for Sandra Lackman and Matt Penning?
ReplyDeleteThurston Howell III
I don't understand this one, guys. I'm from Washington and I guess I'm not aware of the salary overpayment lawsuit. How can you overpay your commissioners anyway?
ReplyDeleteLaWanda
After we pay all the lawyers, will we have any money left to slap a little paint on the courthouse?
ReplyDeleteGertrude Schenkelberg
Clean house!
ReplyDeleteClayton Moore
Mmmmmmm kimosabe! Me agree with you!
ReplyDeleteJay Silverheels
I've heard this tune before!
ReplyDeleteAndre
Sounds like Jerry and Max are singin' the blues!
ReplyDeleteBertha
Give me a break!
ReplyDeleteBen
Pathetic! Absolutely pathetic!
ReplyDeleteAbner
Screw it! Let's party!
ReplyDeleteWhiskey river take my mind don't let her memory torture me.
Whiskey river don't run dry you're all I've got take care of me.
Whiskey river take my mind don't let her memory torture me.
Whiskey river don't run dry you're all I've got take care of me.
I don't vote. But if I did, I'd vote against those commissioners you've got up there in your county!
Willie
Can't we all just get along?!
ReplyDeleteWillie B. Hardigan
Can the county afford to pay off these beggars?
ReplyDeleteTy
If we pay Lairmore and Aubuchon, will there be enough money for white rock and road maintenance? Will we have to lay off a county employee in order to pay their lawyers? Pretty sad!
ReplyDeleteTess
I've heard of CNN, but what the heck is CNL?
ReplyDeleteTony
As many citizens as possible need to start attending the commission meetings to observe just how this thing goes down!
ReplyDeleteBelle
Tell Ivan Schraeder to ask his clients to pay his attorney fees instead of coming to Gasconade County for an easy pay day! I'm gettn' sick of this garbage!
ReplyDeleteAnita
Boo, humbug!
ReplyDeleteEbenezer
Hey Jerry!
ReplyDeleteWhat's the status of:
1. Your 1/2 cent sales tax proposal for chip n' seal county roads?
2. Your alternative energy feasibility study?
3. Horace Brown's "engineering" report on the courthouse access road?
4. Further upgrades for Pigg Hollow Rd.?
5. Courthouse renovation plans?
Aaaaaah Jerry! Perhaps you should "stick to your knitting" instead of trying to get some easy money from the county you were elected to serve!
Dick Head
I just hate to see all of this tension and controversy!
ReplyDeleteRichard
Sombiatch! If dat don't beat all!
ReplyDeleteBuford T. Justice
Are Ivan and his clients threatening a lawsuit against the county? A current county commissioner and a former county commissioner suing the county? These guys are some real political geniuses! Make the dimwits sue the county!
ReplyDeleteBea Sting
Hmmmmm? Let's see now! Jerry Lairmore has a material (financial) interest in this issue, so he shouldn't be permitted to vote on it. That leaves Ron Jost (who is running for re-election this year) and Matt Penning. I can guess how Matt will vote. Don't know 'bout Ronnie. Let's call it to a vote and see how ol' Ronnie chooses to vote!
ReplyDeleteBobby McGee
I thought this type of thing only happens in New York! The commissioners should tell Mr. Schraeder and his "clients" to stick it where the sun doesn't shine.
ReplyDeleteBo Snurdley
NYC
Good reporting Clark! Isn't it interesting when Jost and Larimore do illegal shit Jeff at CNL doesn't report it.Could you do an article on all the crooked shit all these thugs have pulled? Indian Joe Little Sturgus Mo. P.S.Willie G. told me Luckyrider doesn't have a scooter, must be a VONK
ReplyDeleteIt's stories like this that cause me to drink!
ReplyDeleteAl K. Holic
Fire Ivan Schraeder and hire painter for the courthouse!
ReplyDeleteAl Smith
Dear Anonymous,
ReplyDeleteWe debated whether or not to publish your harsh comment. Hermann Hearsay makes no representations as to whether or not we agree with your comment. We point out to our readers that no one has been proven guilty of committing any illegal acts in a court of law. Therefore, we would not go so far as you have gone in calling anyone a crook.
We are publishing your comment, because our policy is to withhold censorship of reader opinions. We only completely censor comments which are lewd or profane.
That said, we are not happy with the performance of Commissioners Jost and Lairmore in their official elected capacities. And we make no bones about it!
Clark Kant
Jimmy Oldsun
Hermannhearsay has the best on line news service for any town under 9,999!Good work Clark and Jimmy!Free Fair Fast... I have to agree with Indain Joe, spending county money on a road and closing it for personal use
ReplyDeleteand hiring attorney's without a vote by all three commissioner's is crooked. How about staging the break in with nothing missing and no evidence of one? The sheriff didn't talk to anyone there! Seth Bullock Morningwood Mo. P.S. Catwoman has a nice rack!!!!
To all commenters and readers ....
ReplyDeleteBy publishing your comments without modification or censorship, Hermann Hearsay neither endorses your specific comments nor disagrees with them. We simply allow you to voice your opinions and viewpoints at this free and open venue.
Clark Kant
Jimmy Oldsun
I don't unsderstand why this issue is so hard to understand. When someone in Gov't gets sued in their "OFFICIAL CAPACITY" then the gov't body they serve always pays the legal bills.
ReplyDeleteThink about it... why would anyone run for public office if they could be sued for any reason at any time and be stuck with the legal bills?
It is a fact of life that gov't entities and gov't officials are going to get sued at some point for any number of reasons. Just take the City of Hermann as an example. The City and its officials were sued for the Electric rates back in 2006. Now, the City picks up the legal bills for that lawsuit, none of the City officials are paying out of pocket for any legal fees. Why would this case be any different?
There were two aspects to the county case, as I understand it. One was a lawsuit in their OFFICIAL CAPACITY and the other was a personal lawsuit. It is my understanding that there are separate lawyers for each suit (maybe I'm wrong) and the personal lawyers were paid by the defendants, but the lawyers representing the Commissioners (as county commissioners) have not been paid yet.
This is very simple - Official Capacity lawsuits are paid for by the County, and personal lawsuits are paid by the defendants. It's as simple as that.
Is there any precedence where a public official was sued in their "official capacity" and had to pay their legal fees?
Can you find one case anywhere???
Do some investigative reporting and figure out what normally happens in an "official capacity" case.