VIENNA — The Maries County commissioners discussed filling the role of coroner on Aug. 10 after David Martin filed retirement paperwork with Deputy Clerk Renee Kottwitz.

As Martin planned to retire Aug. 24 after 50 years of service, the commissioners invited Amanda Sandbothe, public administrator and deputy coroner, to discuss her filling the role and options for purchasing a coroner vehicle. Sandbothe said that she is interested in serving as coroner.

Revised State Statute 58.040 says that during a vacancy, the governor appoints the new coroner to serve the remainder of the term. A deputy coroner, appointed by the commission at the coroner’s request and recommendation, can serve in the coroner’s absence.

The current vehicle used by the coroner’s office is owned by Martin and his funeral home Birmingham Martin Funeral Home.

Vic Stratman, Presiding commissioner, suggested using a Ford two-wheel drive van that the county already owns until the new fiscal year begins in January. This would require installing lights, a siren and transferrable equipment.

He added that the county doesn’t have an estimated $30,000 to purchase and equip a vehicle this fiscal year. Stratman said that the county can’t use the opioid addiction treatment and recovery fund to buy a coroner vehicle because the statute doesn’t mention recovering of bodies.

Under Revised State Statute 196.1050, the fund can’t be used for any expenses unless they are “reasonably related to opioid addiction treatment and prevention.”

Sandbothe also mentioned using the County Law Enforcement Restitution Fund (CLERF) and recalled hearing that she may not be able to use it. Stratman said that using CLERF may work, but he doesn’t want to rely on it because he isn’t sure about how the board of trustees will rule.

According to Revised State Statute 50.565.3, the fund may be used for the following reasons, but it does not list any coroner-related expenses:

• Narcotics investigation, prevention, and intervention;

• Purchase of law enforcement-related equipment and supplies for the sheriff’s office;

• Matching funds for federal or state law enforcement grants;

• Funding for the reporting of all state and federal crime statistics or information; and

• Any county law enforcement-related expense, including those of the prosecuting attorney, approved by the board of trustees for the county law enforcement restitution fund that is reasonably related to investigation, charging, preparation, trial, and disposition of criminal cases before the courts of the state of Missouri.

Sandbothe said the end of the year is when she needs four-wheel drive. Regardless of the weather, she said she must respond. She suggested installing lights from the fire department and responding in her personal vehicle, but she said it is not long enough to transport larger bodies.

She also suggested contracting with Sassmann’s Chapel in Belle and Birmingham Martin Funeral Home in Vienna, alternating which funeral home is on call each month.

Sandbothe said that the funeral home would only charge the county for transporting the deceased to a different home than its own. Sandbothe also said that she only needs to transport the deceased if an autopsy is needed or the funeral home is unknown.

“I feel that that would save the county more money than using that van and putting lights and things on it that we don’t need on that, then taking them out and putting them on something else,” she said.

The commissioners also discussed Sandbothe’s transition from public administrator.

While Sandbothe has someone interested in taking her place, she said that she is still working on computerizing documents so that it’s ready for the next person and for the next audit. She said that these documents must be kept permanently and that there are documents over 50 years old from before Martin’s tenure as coroner.

But Sandbothe said that even if her successor takes over the position, she could continue entering documents into the system.

Stratman said she normally can’t hold two elected offices unless there is an exception for an interim period. Kottwitz said that she could if appointed, but she could not run for both elections on the ballot. Sandbothe said she was hoping that the attorney general would respond to her letter, allowing her to hold both roles for the remainder of the term.

Revised State Statute 115.351 says that a candidate shall not file for more than one office in an election without withdrawing from the first office.

John Dalton, Missouri attorney general in 1955, responded to state Rep. J. Ellis Dodds’ question about whether a person in a fourth-class city can simultaneously hold more than one office.

In Opinion No. 24-55, Dalton said that in a fourth-class city, the office of water, street and sewer commissioner is compatible with the offices of city clerk, city treasurer and city collector. But the city clerk, city treasurer and city collector are incompatible with each other.

To define incompatibility, Dalton cited State ex rel. Walker, Attorney General v. Bus. The quoted excerpt says that there must be an inconsistency between the two roles, in which one role requires the other to “deal with, control, or assist him.”

The opinion analyzed the compatibility of different offices. For example, Dalton said that clerk and collector are incompatible because their relationship is “very close.” This is because the clerk has custody of the collector’s bonds and reports.

He also said the clerk charges the collector’s books, receives the books back, receives settlements from the collector, and examines the collector’s books.

“In this situation likewise the incompatibility is so evident as not to need elaboration,” he said.

Missouri law establishes scenarios in which the coroner and public administrator interact.

Revised State Statute 473.743 says that the public administrator handles the estates of the deceased, minors and incapacitated people in various circumstances. One is when the coroner delivers money to the public administrator.

Revised State Statute 58.490 says that money found on a dead body, if it is not claimed by a legal representative of the deceased, must be delivered to the public administrator. Otherwise, the public administrator may pursue legal action against the coroner.

Stratman said during the Aug. 20 commission meeting that he was not aware of any loopholes or misunderstandings regarding the incompatibility of offices.

“I imagine somebody will tell us if we have to do something different,” Stratman said.

Rodney Southard, Eastern District commissioner, said that he was glad that Martin was still coroner through Aug. 24. He also said he is not aware of any concerns regarding incompatibility because he has never looked into the topic.

County Clerk Rhonda Rodgers said that about two months ago, she spoke with the secretary of state, the attorney general’s office and the ethics commission. But she spoke with them over the phone and didn’t receive a formal opinion.

“He said there was nothing in the statutes preventing her from doing that,” Rodgers said.

Rodgers later said that she first called the ethics commission, who referred her to the secretary of state, who referred her to the attorney general. And the attorney general’s office referred Rodgers to the county human resources department to determine if there were any relevant policies. Rodgers was unsure if she correctly remembered the exact order.

“None of those three agencies was really any help,” she said.

Stratman said that he was concerned more about what state law says over what human resources says.

As for office incompatibility, Rodgers said that she doesn’t see where the two roles would deal with each other or affect one another unless one of the public administrator’s patients dies. Rodgers also said that Sandbothe has called other coroners, and Southard said that Sandbothe could ask that person to be the official coroner in that situation.

Rodgers believes Sandbothe has discussed the topic with Prosecuting Attorney Anthony (Tony) Skouby.

Stratman pointed out that because Sandbothe can’t run for both offices, the situation is temporary.

“But until this interim, until the next election, I’m hoping that it works,” he said.

The Advocate reached out to Skouby for comment but did not hear back by deadline.