PART 1 - Revised Statutes of Missouri Which Govern County Commissions

Published by Dick Schaefer, Award-winning, Unpaid, Part-time Contributing Writer; Amateur Investigative Blogger; Aspiring Photo-Journalist; and Missouri Tiger Fan

Date:  12/7/2010
Post:  1,257

This is PART 1 of a 2 PART report which will address the "legality" of certain actions and decisions taken by the Gasconade County Commission in relationship to the so-called "salary overpayment lawsuit".

County governments in the State of Missouri are subject to the Revised Statutes of Missoui.  Chapter 49 of the Revised Statutes of Missouri (RSMo 49) and Chapter 50 of the Revised Statutes of Missouri (RSMo 50) are of particular interest in that they pertain to the operating procedures, rules, powers, reponsibilities and limitations of County Commissions.  RSMo 49 pertains to County Commissions and County Buildings while RSMo 50 pertains to County Finances, Budget and Retirement Systems.

Some of the particular sections of these chapters which we will be referring to in PART 2 of this invstigative report are copied/pasted hereinbelow:

49.070 - A majority of the commissioners of the county commission shall constitute a quorum to do business; a single member may adjourn from day to day, and require the attendance of those absent; when but two commissioners are sitting and they shall disagree in any matter submitted to them, the decision of the presiding commissioner shall stand as the decision of the commission; provided further, when the presiding commissioner is absent and the other two commissioners are present the commission clerk shall designate one of the commissioners present as presiding commissioner during the absence of the regular presiding commissioner, and he shall, during the absence of the regular presiding commissioner, have all of the powers of the regular presiding commissioner.

49.220 - If a majority of the commissioners of the county commission shall be interested in any cause or proceeding pending before them, or related to either party, the same shall be certified with the original papers to the circuit court of the county, which shall proceed thereon to final judgment and determination in like manner as the county commission should have done.

49.230 - Appeals from the decisions, findings and orders of county commissions shall be conducted under the provisions of chapter 536.

50.160 - The county commission may:

1. Audit, adjust and settle all accounts to which the county is a party;
2. Order the payment out of the county treasury of any sum of money found to be due by the county on such accounts;
3. Enforce the collection of money due the county;
4. Order suit to be brought on the bond of any delinquent and require the prosecuting attorney for the county to commence and prosecute the same;
5. Issue all necessary process to secure the attendance of any person, whether party or witness, whom it deems necessary to examine in the investigation of any accounts;
6. In order to procure the exhibition or delivery to it of any accounts, books, documents or other papers, it may issue process directed to the person in whose custody or care the accounts, books, documents or other papers may be, commanding him to deliver or transmit the same to such commission, which process shall be served by the sheriff;
7. Examine all parties and witnesses on oath, touching the investigation of any accounts, and if any person being served with such process shall not appear according to the command thereof, without reasonable cause, or if any person in attendance at any hearing or proceeding shall, without reasonable cause, refuse to be sworn or to be examined, or to answer a question or to produce a book or paper, or to subscribe or swear to his deposition, he shall be deemed guilty of a misdemeanor;
8. If it finds it necessary to do so, it may employ an accountant to audit the accounts of the various county officers.

Please carefully read and study the above sections of Missouri statutes in preparation for reading PART 2 which we intend to post in the next day or two.  Please refer back to these statutes as needed.

Just one more thing ....  As a Hermann Hearsay reader, you are obviously a very bright person.  Consequently it is very likely that you already anticipate where I am going with this report.  Please don't spoil it for any readers who may not be as sharp as you by making a comment in PART 1.

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Other Recommended Links:  http://www.HermannAdvertiserCourier.com (Gasconade County's Newspaper of Record), http://www.Time4Pie.com (Great Pie, Coffee & Conversation)