Belle aldermen issue statement regarding AG suit, mayor’s charges

By Roxie Murphy, Assistant Editor
Posted 1/17/24

BELLE — The Belle Board of Aldermen gave a statement in a press release on Jan. 10 regarding a lawsuit brought against them by Missouri Attorney General Andrew Bailey’s Office for alleged …

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Belle aldermen issue statement regarding AG suit, mayor’s charges

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BELLE — The Belle Board of Aldermen gave a statement in a press release on Jan. 10 regarding a lawsuit brought against them by Missouri Attorney General Andrew Bailey’s Office for alleged Sunshine Law violations.

According to the statement, “The city has been sued by the Missouri Attorney General for alleged violations of the Sunshine Law. This is a civil lawsuit that will be reviewed by an attorney.”

The city has retained the services of Lauber Municipal Law, and will primarily be utilizing Todd T. Smith from the firm.

“Most of the communications between city officials and staff with the firm’s attorneys are privileged and confidential. Contrary to rumors, legal briefings to the board in closed session are not open to the public and generally not subject to disclosure under the Sunshine Law.”

The attorney plans to be at the Jan. 22 city meeting to address the public and read a statement. Mitchell is unsure if he will be at all city meetings moving forward.

The city of Belle was served a summons at 3:30 p.m. on Dec. 27 by the Maries County Sheriff’s Department and has 30 days to respond.

According to the Summons sent to the city of Belle, they “are summoned to appear before this court and to file your pleading to the petition, a copy of which is attached, and to serve a copy of your pleading upon the attorney for plaintiff/petitioner at the above address all within 30 days after receiving this summons, exclusive of the day of service. If you fail to file your pleading, a judgment by default may be taken against you for the relief demanded in the petition.”

The Summons was filed on Dec. 29, 2023, by Mark Buschmann, Circuit Clerk and Recorder for Maries County.

The Attorney General issued a statement regarding the case against Belle.

“I am committed to enforcing the Sunshine Law as written, because all Missourians are entitled to transparency,” Baily said.

Belle aldermen have been operating under the direction of Mayor Pro Tem James Pudd Mitchell since Mayor Daryl White, Jr., failed to show up during a search warrant at City Hall on Dec. 20 regarding alleged missing city property, including 12 cans of spray paint and possibly missing funds. Maries County Sheriff Chris Heitman said White was wanted for questioning at the time. White was charged Dec. 21 on allegations of misdemeanor stealing. The city issued a statement regarding the alleged missing property, funds, and the mayor’s charges.

According to the statement, “The board of aldermen wish to respond to various rumors circulating in town. The city collector (Charro Reasor, treasurer) has reviewed the city’s bank accounts and no funds appear to be missing. While there is no indication of financial impropriety, the city is exploring having an outside audit performed by a certified accountant. There have been rumors of a missing firearm, but all guns are accounted for and there is no indication of misuse.”
A former alderman Kayla Bray questioned information in the press release that was posted to the City of Belle’s Facebook page, asking how the board was certain funds weren’t missing based on the city’s financials. Alderman Emily Williams-Wells responded.

“I just wanted to let you know that yes, we do actually have a budget for every department,” Williams-Wells began. “That budget was reviewed by council in our November meeting.”

Aldermen did not discuss the city’s budget in open session during the Nov. 8 meeting. However, Williams-Wells said the city’s financial statement is printed in the Maries County Advocate every six months and after the budget is approved in January, the previous six months will be published again. She added that financials and budgets are two different things.

Bray responded that she was aware of the difference between the two, but alleged the city looked like they were hiding something.

“My  point is if you all are willing to hide budget information from the public when we ask for the information then what is to say your not hiding more things from us,” Bray began. “Obviously you are since the city is in major trouble over the Sunshine Law with the Missouri Attorney General’s Office.”

Williams-Wells responded that Bray’s husband asked for financial records and received them.

“Also, before you go public and start accusing a government office of hiding things, you should probably make sure you have your ducks in a row,
Williams-Wells said. “When the budget is printed in the newspaper I’m not sure how that is hiding things? Also, yes as everyone is aware the city does have Sunshine Law violations which will be taken care of. Just so you know our  city is  not the only city in the state that has them. So I’m sure all of the proper steps will be taken to ensure these violations will not continue going forward.

“Also, this is me responding personally as a member of the community and I will not continue to entertain your third-grade romper room banter. Thanks!”

As far as the charges against the mayor goes, Mitchell says he is still the mayor, and has not stepped down.

“I don’t know if the mayor will be at the next meeting,” Mitchell said.

According to the press release, the city doesn’t plan to comment further on the mayor’s situation.

“The mayor has been charged with misdemeanor crimes, of which he is presumed innocent until proven guilty,” Officials said. “While the city is cooperating with authorities, there will be no comment regarding those proceedings at this time.”

The adjusted agenda for the Jan. 22 meeting is expected to be posted by Jan. 18, according to Mitchell.

“We will likely have quite a few things to add to the agenda,” Mitchell said. “We did take care of bills that had to be paid.”