Tag: Conflict of Interest

STL City Budget Hearing Fail, Public Denied Opportunity to Speak

Old black and white photo of St. Louis City Hall

The Budget Committee of the Board of Alders (BOA) had a public hearing today, June 5th, 2024, on the 2025 Budget for the City of St. Louis. The hearing, per its City Calendar Notice, was to include public testimony both in person at City Hall and by Zoom. At least two Alders participated by Zoom.

6th Ward resident and local government transparency advocate Gerry Connolly planned to testify by Zoom. He confirmed his participation with BOA staff. He wrote his notes. He logged on to the hearing.

The hearing began with Mayor Tishaura Jones presenting on her office’s budget. Then it was time for public testimony. But Budget Chair Cara Spencer announced a recess. People who had taken time off from work to make their voice heard were told they would have to wait 39 minutes.

When the Budget Committee reconvened, Alders heard in person public testimony. Then it was time for testimony by Zoom. It was Gerry’s turn. I’m not sure how many others had planned to testify via Zoom.

But Gerry was not allowed to speak. No Zoom testimony was taken. No explanation was given. It was yet another Sunshine Fail, Transparency Fail at City Hall.

Gerry was told he could submit comments by email. He was angry, and rightfully so, but he hurridly transformed his notes for three minutes of testimony into written, expanded comments.

Since Gerry’s testimony is not available as a part of the online public record, and while the Budget Committee Chair may not be interested in what he has to say, others may be interested. I asked him if I could publish his testimony on my blog and he agreed. I have made a few edits for formatting purposes and add links.

Below is Gerry’s testimony on 2025 Budget for City of St. Louis which he submitted by email.

———-

Gerry Connolly.
6th Ward resident
38xx Botanical Ave
St. Louis, MO 63110

June 5, 2024

Honorable members of the Budget and Public Employees Committee,

I had planned to provide this testimony via Zoom at today’s Budget Committee meeting. However, due to the fact the committee failed to take any public testimony today via Zoom, I am submitting my comments in writing. 

Public Testimony in opposition to Board Bill 1

I am testifying against Board Bill 1. The City should allocate financial resources from within the budget as recommended by the Board of E and A necessary to implement the policy recommendations described in items 1 through 7 below.

  • 1) Fix the City’s “Sunshine portal, The Public Records Center, which hasn’t been consistently functional for 6 months. Make the responsive records of all city government bodies available in the Public Records Archive. The St. Louis Development Corporation (SLDC) and St. Louis Metropolitan Police Department (SLMPD) currently do not make records available to the general public in the Public Records Archive. Only requesters may view responsive records via their portal user accounts.There may be additional City entities that do not make records available to the general public.
  • 2) Open government and transparency must be consistent across city government. The Board of Aldermen (BOA) must update the decade old transparency ordinance:
    1. Post meeting recordings to Youtube for government entities currently missing. These include the Airport Commission, Affordable Housing Commission, Mental Health Board and Senior Fund.
    2. Standardization of meeting notices, both physical and online. The official agenda (not just the text) must include the resolutions to be voted upon. The meeting packet must include the draft minutes of prior meetings, if applicable. All other documents utilized during a meeting should be posted online. The BOA’s posting of many budget presentations on the BB 1 webpage should serve as a model for all departments.
    3. The following city bodies do not operate consistently in a transparent manner: Board of Estimate and Apportionment (E and A); Charter Commission, Reparations Commission and Detention Facilities Oversight Board. The persistent violation of Missouri Sunshine Law by the Board of E and A is cause for alarm. The Board of Aldermen’s silence on the Sunshine violations by the Board of E and A has been noted.
  • 3) Continue to reform of how development incentives are awarded. Ordinance 71620 was a step forward in the system for awarding tax breaks to development projects. However Ordinance 71620 (BB 64 in the 2022-23 BOA session) had major flaws that subsequent legislation has only addressed in part (See BB 98 and BB 236 in the 2023-24 BOA session). More changes to the ordinance are needed.  All provisions in Ordinance 71620 must be enforced by the BOA. SLDC did not follow the mandated procedures for the 15 projects, with development costs over $10 Million, that were approved in the 2023-24 BOA session. The non-compliance included a failure to consult St. Louis Public Schools (SLPS) and affected tax districts. Every effort must be made to shield SLPS from the impact of tax breaks.
  • 4) All development incentives must be authorized by an ordinance approved by the BOA. Incentives that presently do not require approval by ordinance include, but are not limited to:

    1. Bond issuances authorized by the Land Clearance for Redevelopment Authority (LCRA), Planned Industrial Expansion Authority (PIEA), Industrial Development Authority (IDA) and Port Authority.

    2. Certain tax abatements authorized by the Port Authority Commission (PA) and Enhanced Enterprise Zone Board (EEZB).

    3. New Markets Tax Credit (NTMC) program, currently authorized by the SLDC board of directors.
  • 5) The Land Reutilization Authority’s lot sales policy must be modified. In 2023, the Land Reutilization Authority adopted new sales policies for LRA-owned property, per the recommendation of SLDC staff. In the category of sale of lots for the purpose of building one home, a lot whose area is less than 4,000 sq. ft. is ineligible for sale under the new policy. LRA eliminated the opportunity to provide housing, strengthen the fabric of a neighborhood and grow the city’s tax base.

    The LRA sales policy must be modified in order to restore the ability of homebuilders to purchase lots under 4,000 sq. ft. and construct much-needed housing.

    The Jones administration, SLDC and the Community Development Agency (CDA) frequently cite the Economic Justice Action Plan (EJAP) as a guide for City policy and program spending. SLDC included citations from the Economic Justice Action Plan (EJAP) in the LRA board resolution adopting the new sales policies.

    It is noteworthy that the EJAP planning process, conducted by consultants to SLDC, did not include the participation of the general public or Board of Aldermen. Only narrowly focussed public outreach was performed.

    I have not heard an explanation of the rationale behind the new sales policy in any setting- SLDC website, development board meetings or at BOA committee meetings. The BOA should investigate this matter.
  • 6) All fee revenues from SLDC’s Sales Tax Exemption Fund should be transferred to the City’s General Fund and included in the annual appropriation to the Affordable Housing Commission
  • 7) Eight reforms for the BOA to enact for Local Taxing Districts (LTDs). It is possible that changes to Missouri law will be necessary in order to accomplish some of the recommendations.

    1. The budgets of the 100 plus LTDs in the City likely exceed $50 Million with taxes and/or special assessments imposed on the public. The vast majority of LTDs operate routinely in violation of Missouri Sunshine law. Enact all recommendations of the 2019 Missouri Auditor’s report on LTDs. Read the audit report here (See pages 9 – 18 for recommendations)

    2. Place all policing duties funded by LTDs under the command of SLMPD.

    3. Extend community oversight of surveillance technology to all LTDs.

    4. A representative of the following must be appointed to the board of all single site LTDs: Mayor, Board of Aldermen and Comptroller.

    5. Prohibit developers from controlling single site districts.

    6. Document all City of St. Louis resources allocated to the LTDs. Such resources include:

    (i) City funds expended on projects of the LTDs.
    (ii) City staff attending LTD meetings.
    (iii) Work performed by City staff to support the activities of LTDs. (Examples of City staff: SLMPD personnel when working for the City; Neighborhood Improvement Specialists).

    7. Establish robust Conflicts of Interest regulations for people serving on the boards and committees of LTDs.

    8. Establish a limit on the number of LTD boards on which one person can serve. (Some individuals serve at least five LTD boards).

    I would be happy to discuss the above recommendations by phone, in-person or at a committee meeting. My contact information is below.

    Thank you for your consideration.

    Gerry Connolly

    cc Honorable members of the Board of Aldermen
         President Megan Green
         Clerk Terry Kennedy
         Mayor Tishaura O. Jones
         Comptroller Darlene Green
         Budget Director Paul Payne

No on Con Con

How much will it cost to run a Constitutional Convention in Missouri?

68 senatorial district delegates- two from each of 34 districts– and 15 statewide delegates would be elected to the Constitutional Convention, a total of 73 delegates. The Missouri Senate has 34 senators and a Budget of $14,406,261.

Cost of the Constitutional Convention depends, in part, on how long they are in session. Unlike General Assembly, there’s no fixed adjournment date for Convention. Delegates will decide when they’re finished.

In addition to the $10 a day per diem*, Constitutional Convention delegates could set salaries and benefits for themselves. There’s nothing that says they cannot.

What the Constitution is very clear on is delegates decide their own budget, whatever they want for “employees and assistants” and “printing of its documents,” they get. There’s no appropriations process involved.

The Constitution says the Convention will take over General Assembly offices, meeting rooms, chambers. Where does the Missouri General Assembly do business during the Constitutional Convention?

Don’t forget to factor in hiring special counsel for lawsuits and consultants.

How much will a Constitutional Convention cost? A LOT, millions and millions and millions of dollars.

Do lobbyist, campaign finance, and conflict of interest laws apply to Constitutional Convention delegates?

Thinking about lobbyists rewriting the Missouri Constitution free of any regulation or transparency should scare you plenty. In Missouri, lobbyist registration and reports are required for lobbying the legislative branch, but that’s defined as Missouri House and Missouri Senate. There’s no requirement relating to lobbying Constitutional Convention delegates.

Are candidates for delegate and delegate at large subject to campaign finance laws? What about conflict of interest laws? It depends on definitions, such as definition of public official and public office. The Missouri Attorney General would have some say over it. That would be Eric Schmitt, one of the worst lawyers ever, the guy who looks to be turning loser frivolous lawsuits into a successful campaign for U.S. Senate, or his replacement appointed by Governor Mike Parson to fill vacancy.

It’s highly likely Christofascists will be in the majority at the Constitutional Convention

In the best case scenario, 34 Democrats and 34 Republicans would be elected by senatorial district and at least 8 of the 15 delegates at large elected statewide would be Democrats. That’s wishful thinking.

Delegate vacancies are going to happen and those vacancies will be filled by Governor Parson. The Constitution requires the political party of the delegate resigning to be matched in replacement. But, come on, we know how this will go. Any delicate balance of power would eventually dissolve in favor of Republicans.

A Constitution Party delegate could get elected instead of a Democrat in a heavily Republican senatorial district with a little coordination between Constitution Party and Republican Party.

Regardless of campaign finance laws, Rex Sinquefield, David Humphreys, and right wing PACs will run slates for the statewide delegate at large seats. Who are the big money Democrats in Missouri that are going to match that? There aren’t any.

District delegate nomination will be for political party insiders

Each political party– Democratic Party**, Republican Party, Constitution Party, Libertarian Party- has senatorial district committeepeople who serve on their state committee. These are the people who may (or choose not to) nominate someone for a district level Constitutional Convention delegate seat.

Each senatorial district party committee gets one nominee. At the delegate election, each voter may pick one political party ballot and vote for their party’s nominee. The delegate candidates with the two highest votes become delegates. No Independent candidates or Write Ins.

Who do you know that can afford to run for a Constitutional Convention delegate position without knowing if there’s a salary that goes with it, how many days a week is required, or how long service will last?

The Governor can set the delegate election for the lowest possible turnout

Constitutional Convention delegates will be chosen in a special election held between February and May of 2023 (three to six months after November 8th election). According to the Secretary of State, there are three elections in that period. February 7th may be used for bond issues and only bond issues. March 7th may be used for municipal elections in only charter cities. April 4th is a general municipal elections day.

Governor Parson gets to pick the day of the election and it doesn’t have to be one of the already scheduled election days. With the delegates at large elected statewide in mind, do you think Parson would pick an election with a heavier turnout in St. Louis City and Kansas City than rest of the State? Of course not.

Young people will have no voice at a Constitutional Convention

Delegates to the Convention must meet the same qualifications as state senators: 30 years of age, state voters for at least 3 years, resident of the senatorial district for at least 1 year.

They will vote for the word “Constitutional”

It’s true that the every twenty years Constitutional Convention ballot question has a history of failing at the polls. But that was before January 6th 2021 and a defeated President claiming victory to this day. It was before the bizarre anti-science response to COVID. It was before Missouri elected officials decided racing to the bottom was a virtue and their voters applauded them. I hope that I’m wrong, but I think people are going to vote for the word “Constitutional” on November 8th and not care about the details.

Further reading.

*My guess is that Attorney General would tell them current legislative per diem applied.

**The Missouri Democratic Party’s state senatorial district list is a hot mess. As example, in 5th District, Laura Keys and Marty Murray are listed as Chair and Vice Chair. Both are no longer Democratic committeepeople, therefore ineligible to serve.