At the end of the Belle aldermen special meeting on April 17, City Clerk Frankie Horstman said there she had questions related to newly sworn-in Marshal Jerry Coborn.

“We actually swore Jerry (Coborn) in as a marshal,” she said. “He cannot hold both positions, so there has to be something done in this meeting for us to be legal.”

Coborn’s swearing-in as the city’s marshal at the beginning of the meeting eliminated the chief of police position that he previously held. Once he took the marshal’s oath, he accepted the $100 per month salary, without benefits, that took effect after the April 2022 election via ordinance.

“Why didn’t we catch that beforehand?” Alderman Barbara Howarth asked.

Alderman James (Pudd) Mitchell asked if the board could change the pay.

“You can’t do anything until the four-year term is up,” Horstman said.

“We can amend it,” White said. “We just can’t implement it until the time’s up.”

There are three years remaining on the marshal’s term.

White said the board could add a duty for Coborn that did not fall under the duties of a marshal. He said he had talked with Stuart Haynes, director of administration and policy with the Missouri Municipal League (MML), about other towns that had experienced issues with marshal pay, and adding duties for the marshal was their solution. With the added duties, the city could pay Coborn more than the marshal’s salary.

“I don’t think so from what I provided for them,” Horstman said. She had given the board information from Haynes about the marshal issue.

“All I know is that every time we’ve talked to him, we described something different I guess and we get two different answers,” White said.

“I would’ve liked to knew we were discussing this today,” he later said. “I feel like I’m out of the loop here.”

“Once he was sworn in, then he’s no longer chief of police, then are we doing anything wrong?” Horstman asked.

“No, I don’t think so,” White said.

“We have to take that salary away,” Alderman Jeanette Struemph said. “We have to put that salary to $100, and he has no benefits.”

“I feel like we need to talk to an attorney,” White said.

Belle resident Delmar Branson asked if there was any sort of bonus system the board could implement to get the marshal’s salary back up to what Coborn made as the chief of police.

White said that he had heard about several Missouri towns that added emergency management duties to the marshal’s responsibilities to allow for the municipalities to pay additional salaries to their marshals. He said he had also talked with former marshal candidate Joe Turnbough, who told him that he had talked with a lawyer about the possibility of changing the marshal’s pay if he would have been elected.

“I think this needs to be sat down and gone to the drawing board because we’ve got a good police department, and I would hate to lose it,” White said. “And I would hate to think a man could raise his family on $100 a month.”

“I agree, but it’s something we got to make sure we do right because if we don’t, I think it’s going to come back to bite us,” Mitchell said.

“Obviously, we need to talk to someone smarter than us, guys,” White told the board. “I mean, this needs to be a lawyer’s opinion. So we’ve done nothing wrong today.”

Horstman asked if she could ask another question.

“So, the day of the election, and I know you and I discussed this on Friday on the phone,” she said to White. “And you told me that it was being taken care of, but you also told me that it had been taken to the council as a whole, and they all said don’t worry about it. “

When White asked Horstman what she meant, she said that she was referencing Coborn getting paid for working on Election Day.

“That’s not what I said,” White said. “That’s not what I said, Frankie. We talked about this Friday.”

“Yes, we sure did,” Horstman said.

“I never said I brought it to the council as a whole,” White said. “I was asked at the council meeting.”

“Daryl, you told me on the phone that you brought employees coming in late and that (Election Day payment) to the council,” Horstman said.

White asked what they were talking about. Horstman asked Mitchell what was said at the previous meeting.

“It was brought up about the hours that was turned in,” Mitchell said. “And you (White) said it had been took care of because they said we couldn’t pay (Coborn).”

White said Coborn had a lot of comp time he could use for that day instead of receiving payment for the hours he worked. He asked Coborn how many calls he responded to during that day. Coborn said he took four calls.

“The guy is entitled to be paid for someone taking calls,” White said.

“It’s illegal,” Horstman said.

“It’s illegal for him to be on duty during the election?” White asked.

“Yes, it’s illegal for him to be in uniform, in the patrol car, the whole works,” Horstman said.

“That’s why when you walked up there, I said ‘Jerry, are you sure you’re supposed to be here like this?’” Struemph said. “I don’t think so. And you (White) said ‘It’s okay. I took care of it. He’s not getting paid today.’”

Horstman asked City Treasurer Charro Reasor what White said when she gave him Coborn’s time sheet.

“I told him I hadn’t went through Jerry’s time sheet because he gave it to me when Jeanette and Daryl were standing in the hallway,” Reasor said. “And Daryl just said ‘Well, there’s not much we can do. He’s elected.’”

“When he’s elected, he’s salary, not hourly, is what I meant by that,” White said.

Horstman said that until Coborn swore in as marshal, he was a regular employee and not an elected official, so his pay for Election Day was not salary.

Reasor said that she told White that Coborn could receive comp time for Election Day. Horstman said that the issue is now after the fact that Coborn should not have worked on Election Day.

“What I was making on the phone the other day: I have brought to the council, five different meetings now, that we have people that’s not conforming to their time,” White said. “And every time that I’ve asked the council to help me do something, every time I’ve never even got a comment out of everybody. I don’t know how many times I’ve said ‘We need to figure something out. We need a time sheet,’ but I can’t get nobody to help.”

White said that he had presented the board with employees who had turned in three incorrect time sheets in a row.

“I was told ‘Let them correct it,’” White said. “I have it on text message.”

Mitchell said he had suggested several times to move to a time clock for city employees.

“Put it in a motion and we can do it,” White said. “I am tired of talking about salary if we aren’t going to do it straight across the board. It should be the same for every employee.”

“How can you be on duty and collect comp time on the same day?” Struemph asked. “Those are two different things. Comp time is time you’re taking off of duty and still getting paid, not when you’re on duty.”

“It’s nothing personal against Jerry by any means,” Horstman said. “I just want what’s fair for everybody across the board, and I feel like we have to answer, and we don’t fib on our time sheets.”

“What’s fair for one is fair for all is all I’m saying,” White said. “I’ve asked five times and I can’t get nobody to help me with it. I mean, I tried to implement an office manager so we could track time. That got thrown right out the window because nobody wanted that because they didn’t want their time tracked.”

“Nobody wanted that because nobody wanted their time tracked?” Horstman asked.

“Everybody complained about it right off the bat,” White said. “They complained enough that our office manager did not want to do it.”

“That’s because they had enough duties that they didn’t want anything else entailed,” Struemph said.

“I just feel we’ve got double standards,” Horstman said. “There’s no set policy that’s followed here. And it’s a case-by-case basis, and I don’t feel that’s fair across the board.”

White said that he remembered other marshal candidates working on Election Day. Struemph said that regardless of if others have done it before, state statute does not allow it.

“It’s a very petty thing,” White said. “We don’t have enough help, and we got a guy that’s doing his job.”

“But the law is the law, Daryl,” Horstman said.

White said that he was not a lawyer, he did not write the law and he had never studied law.

“We had all looked at that ordinance,” Struemph said. “We were all aware of that ordinance. That’s the truth. We went through this before.”

“I don’t think (Coborn) being at a polling place in uniform is what got him elected,” Howarth said. “That was a very minor thing.”

According to Missouri State Statute 67.145. First responders, political activity while off duty and not in uniform, political subdivisions not to prohibit — first responder defined. — 1.  No political subdivision of this state shall prohibit any first responder from engaging in any political activity while off duty and not in uniform, being a candidate for elected or appointed public office, or holding such office unless such political activity or candidacy is otherwise prohibited by state or federal law.

2.  As used in this section, “first responder” means any person trained and authorized by law or rule to render emergency medical assistance or treatment.  Such persons may include, but shall not be limited to, emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses, or physicians.

“I’m not saying that at all,” Horstman said, about Coborn wearing his uniform being the reason he won the election. “But how can we have double standards? I just feel like we need to do our homework. We look pitiful.”

“That’s how the chaos is starting,” Struemph said.

White said that he agreed that chaos is starting and the city should not have double standards.

“I know five times I brought it to the council meeting, once at the community center, during the day,” White said. “I said we need to come up with something.”

Mitchell said he had said at those meetings that the city needs to implement time cards.

“But (White) also told me that us girls in the office and the guys in the shop are okay,” Horstman said. “But then we got to the meeting, and you threw everybody under the bus.”

“I threw everybody under the bus?” White said. “We had discrepancies at that time. Remember that?”

Horstman said she did not remember.

White asked Struemph if she remembered three discrepancies in time sheets that the board corrected.

“I remember once saying to correct it, but I knew the situation,” Struemph said. “We want to play this game? Here’s the deal: every time you guys (city employees) are seven minutes over leaving that office, you pay yourself for that seven minutes because that’s illegal.”

White said he agreed that employees should receive payment for the time they work.

“I worked three jobs,” Howarth said. “And if it came with my job, it came with my job. I never nitpicked a few minutes or an hour.”

She said that during her career, she never received any overtime.

Branson asked Howarth if she was an employee exempt from overtime or a nonexempt employee. After explaining the difference between exempt and nonexempt employees, Branson made a statement to the board.

“The city council is kind of getting to be a joke,” he said. “Because you talk to this person and he says this. I go here and talk to this person and he says that. The school says one thing. The mayor says something different. There’s no credibility in this city council right now, and it’s sad because we have a lot to offer as a community. People don’t want to bring a factory into a town that the city council is playing games with each other. It’s sad.” After returning the discussion to the subject of payroll, White said that because the discussion concerned Coborn’s pay while he was chief of police and not an elected official, it should have happened in closed session.

“I only brought it up because I felt like you were talking with a forked tongue when we had our talk on Friday and I confronted you about it,” Horstman said. “You told me that everything was rushed (and that) it was took to the council.”

“I never said it was taken to the council,” White said. “I brought it to the council several times trying to get changes. You might’ve misunderstood me, but that’s what I said.”

“You told me that you had took that employees had been late and about that pay to the council,” Horstman said. “And then I had an alder-person come in to me the next day. I was able to pull the information, and (Coborn) was paid. Then, I feel like you were able to back up and cover your tracks with contacting (Reasor) while (she was) out of state to use comp time to cover that up. And I’m sorry, I just don’t like being lied to.”

“Comp time should be documented as comp time,” Struemph said. “Not as hours on a time card.”

“And I just feel like it’s been chaos after chaos after chaos,” Horstman said. “We don’t know what to do. We don’t know what you (White) want. It’s like all the chitter-chatter ever. Someone is on the chopping block all the time. If we’re not told what’s expected of us, how can you reprimand us?”

“I don’t think I’ve reprimanded anybody,” White said.

Public Works Director Tony Baretich stood and laughed.

“I’m here to put the whole of our council on notice that Mayor White’s actions — I have recordings of the full conversation that chastises me for my actions, who I may or may not have supported (in the election and) things I may or may not have done. (He) has created a hostile work environment. You now all know about it, and it is your duty to correct that hostile work environment. I have contacted an attorney. You need to move forward or else it will no longer be taken. Do we understand? If you want to hear the recording, I would be glad to meet with each one of you one-on-one so you can hear it, about the accusations, about things said, about threatening my job.”

Struemph asked if Baretich would stay for a closed session.

“I would like to go home and see my kids,” he said. “This has been a long, drawn-out everything. This is what it is. Daryl, you’ve yelled at me. You’ve hollered at me. You’ve made accusations against me, and I’ve had enough. I’m standing up. It’s a hostile work environment.”

At that point, some of the members of the public in attendance began to clap.

“If you don’t like me, then get over it,” Baretich continued. “I do my job. Just because I don’t roll with you doesn’t mean that I’m a bad person.”

“You don’t feel that you’ve attacked me?” White asked.

“No, I do not, sir,” Baretich said. “You are an elected official. You don’t get to have feelings.”

“I don’t get to have feelings?” White asked.

“You do not,” Baretich said. “You are an elected official. I am an employee. I have rights.” Baretich continued to address White as he made his way toward the door.

“You stress us out,” he said. “You make our lives hard.”

Baretich addressed the area where the public sat.

“Jerry, just so you know, you and your officers have been MF’d in that building I don’t know how many times,” he said. “And then (White) walks out of there and wants to give you an ‘attaboy.’ You’ve been a pawn in this whole thing, and I feel sorry for you, brother.

“I’m sorry,” Baretich concluded. “I didn’t mean to lose my cool, but I’ve had enough for today. I am stressed. I am maxed, and it is done today. It has to be done. (If) anybody wants to hear the recording, it’s there. There’s more than one. Sorry to bust it on you like that, Mr. Mayor, but you did it, you’re the one that caused it, and I don’t know what else to do. I’ve had enough.”

Baretich left. White asked if there was anything else to do at the meeting. When no one had any other business, the board voted to adjourn with a 3-0-1 vote — Struemph abstained.

White said the board wasn’t going to go into closed after the meeting. However, as soon as the public left, the door was locked and they began an executive session.

Board members exited executive session about an hour later. When asked why they went into closed, White said personnel.

“It was posted,” White said.

When asked about motions made, White said none were.

When asked about Coborn’s pay, he added, “We are going to have to contact an attorney.”

Struemph addressed Coborn who had been waiting outside, “you can’t be paid for time campaigning while in uniform because you can’t be on duty while campaigning.”

Struemph told Coborn he is on call and would let him know when they hear back from the city attorney Amanda Grellner.