BELLE — Maries County Sheriff Chris Heitman on Tuesday afternoon confirmed that Belle Police Chief Joe Turnbough submitted his resignation to city officials. 

“My office received information that Joe has resigned,” Heitman said Tuesday afternoon. “We will continue to provide the 20 hours of coverage a day that the city is still contracted under and wish Joe the best in his future endeavors.”

Heitman said Turnbough has turned in his car, keys and all city equipment, according to the information his office was given by Turnbough.

Rumors that Belle Officer Jerry Coborn had also resigned were not confirmed or denied, but Mayor Daryl White assured that he was on duty Tuesday.

“As of right now, the city has not accepted any resignations or anything,” White said. “I am not going to comment until I know what is going on.”

When asked for a copy of Turnbough’s resignation, White reiterated he wasn’t commenting. 

He confirmed that the city is still looking for a part-time officer.

White added that they have been in communication with an attorney regarding elections terms for the appointed officials. 

“We’re in communication with an attorney to better understand the Municipal League’s suggestions for terms and term limits,” White said. “We are studying that so we can have the best police department possible. We are looking at a proper way to handle elections, for mayor, one year, for Kayla (Bray) it’s a two-year term.”

The discussion began during the Oct. 19 special meeting about revising the election order for the four members of the board who were not elected so whoever runs in April 2023 would start fresh with full terms.

That would have also included the marshal’s position, which has three years remaining since former marshal Terry Connors stepped down in June.

However, Missouri Municipal League’s Stuart Haynes, director of administration and policy, advised the city against that route in an Oct. 24 email.

Haynes cited Missouri State Statute 79.280 which pertains to filling vacancies on the board, which states, “the successor shall serve until the next regular municipal election.”

Haynes suggested an argument could be made to renew board terms  at the April 2023 elections, but advised against it.

“We’d suggest that best practice is that when someone is appointed to fill a vacancy in the position of alderman and there’s still close to a two year term left, their appointment is only until the next municipal election. Then when the election occurs, they only serve the remainder of the existing term, i.e. one year,” Haynes said in an email to the city. “This way the terms of aldermen remain staggered. If the city doesn’t do this, the city will end up electing three people one year and only one the next.”

City Clerk Frankie Horstman asked Haynes to clarify election terms since the marshal’s position has three years of the four-year term remaining.

The Salary Question

“Our question is when we run it on the ballot in April 2023 is it for just the remainder of the current term (three years) or does it start over being in a four-year term?” Hicks asked. “If we went with the remainder of the marshal’s term of three years can the salary be changed prior to the election?”

Haynes advised the city to seek legal council for a definitive answer, but gave the following advice.

“I think someone elected to a new term (i.e. four years) would be in a better position versus elected to fill the remaining three years,” Haynes said. “However, the statute says ‘the salary of an officer shall not be changed during the time for which he was elected or appointed.’ So someone elected to fill the remaining three years could argue that the salary was not changed ‘during the time they were elected.’ Because the salary was changed prior to them taking office and starting this.”

Haynes said he felt the statute could go both ways.

“It does not specifically address what the term should be for the person who wins the election following the appointment,” Haynes said. “As mentioned before, it makes sense to have them run for the remainder of the term so that the alderman election remains staggered.”

Haynes reiterated the city should consult its attorney.

 For other positions like a marshal, this doesn’t seem to be an important factor.

City officials had planned to host two more meetings in October to pass the marshal’s salary ordinance, however none were scheduled.

While city ordinance says changes to the marshal’s salary and position must be changed six months prior to the election, Haynes quoted State Statute 79.130 that says “both readings (the introduction and passing of an ordinance) may occur at a single meeting of the board of aldermen.”

White said officials could repeal the city ordinance that says changes must be made six months prior and revise the marshal’s salary ordinance in the same meeting if they choose.

When asked if they city had consulted with an attorney as Haynes advised, White confirmed they had.

“The city has an interim attorney,” White said. “He is from the same office as Bland’s attorney. He is working pro bono, so is not really contracted with the city so I don’t think his name is important. He is out of Clayton, Missouri.”

White said the city has been working toward hiring an attorney over the last two weeks.

Aldermen are planning a special meeting at the end of this week to discuss the above issues. A meeting had not been officially scheduled by The Advocate’s deadline.