Laws Need Consequences (from May 31, 2013 NDN Column)

It’s that time of year again when the Missouri General Assembly has wrapped up its session and bills passed by both chambers are sitting on the governor’s desk awaiting a signature or a veto.  As an elected official looking out for Neosho’s best interests, I made a point to speak with our folks in Jefferson City as they crafted some of these bills – especially when those bills seemed to take away “local control” of how we govern.  (I prefer fewer laws vs. more of them and I don’t agree the one-size-fits-all laws are often in our best interests locally.)  While those bills I didn’t support ultimately passed and are awaiting action by Gov. Nixon, it’s worth discussing at least one of them.

HB307 is one that has drawn the attention of both municipalities and the Missouri Municipal League (MML).  The MML went as far as saying “This bill, based on anecdotal and unsubstantiated information, is an intrusion into local personnel matters.”  As I read it, the bill, among other things, attempts to put a legislative fix in place to prevent a chief of police from being terminated for the wrong reasons (i.e. political ones.)  In doing so, the state lays out the six (6) ways (and only six ways) a chief may be fired.  I’ll admit on the surface, it sounds like a reasonable idea!  But there are some issues with how the bill is written and how it goes about it that concern me.  Also, the bill was written in response to isolated abuses in other parts of the state, but puts a burden on ALL of us because of those few bad apples.

Here are some questions/comments I passed on to those in Jefferson City watching out for our part of the state.  In no particular order:  Why just the police chief?  Could the same political issue not happen with the city prosecutor (who goes after the “wrong” person) or the city judge (who didn’t side with the “right” person?)  If a city manager (in our case) was firing someone for “political” reasons, wouldn’t there be a high likelihood that the governing board overseeing the manager’s actions could be the ones actually driving the termination?  What’s the penalty?

It’s important to know that I made a point to both call and discuss in person these comments with our current police chief.  Chief McCracken and I both have a tremendous amount of respect for each other and he knows my questions weren’t indicative of my lack of support for him or his job.  Both of us understood the pros and cons of the issue.  Ultimately, I simply don’t believe the bill solves the problem (and given his long tenure with our city through many councils and managers, I’m not sure there even is a problem.)

If there is one thing I’ve learn over the past year or so is that some state laws seem to be more “feel good” in nature and turn out to be hollow when it comes to enforcement.  Just last month, we saw the consequences of what happens when you “knowingly” break state election laws.  Despite finding out forms weren’t completed, monies were sent out of state with no accounting of their ultimate use, ads were paid for by 3^rd parties and labeled “Paid for by candidate”, not much happened.  In essence, the laws designed to protect the very election process that sits at the core of our democracy were trampled, spat on, completely ignored – KNOWINGLY – and what’s the penalty? Pay $300 and don’t do it again.

If the same slap-on-the-hand penalties exist for firing a police chief, why bother writing the law?  My compromise was simple – instead of laying out a process that adds burdens to the local municipalities, why not make these “political” actions a  felony punishable by fines and jail such that anyone performing acts out of political revenge are punished?  Until then, I’m not sure much will change.   The last twelve months certainly show that laws with little or no penalty won’t prevent an action from happening. But I certainly think laws that include a proper penalty will do more than any board or extra layer of appeal would ever do.

School is out and another school year is behind us.  For me, this one is bitter-sweet.  This year marks the end of an era for a very special lady in the Neosho R-5 district.  Mrs. Alma Stipp, our current Neosho R-5 superintendent of schools, is retiring.  I got to know Alma as a principal at Central school during my early days on the Neosho school board.  She certainly impressed me and stood our as one who deeply cared about students and learning.  In 2006, when an Asst. Supt. Position came open in Neosho, I commented to then-Supt. Dr. Richard Page, “It’s not the board’s job to tell you who to hire and I’ll support whoever you choose, but if you don’t hire Alma to fill that job, you’re crazy!” She soon took over that position and filled in this past year in the top spot after Dr. Page left the district.  So here’s a quick “thank you” to my favorite superintendent” Alma Stipp -  You’ll be missed!

Until next time:  stay the course, keep the faith, and may God bless Neosho!