Gladstone council declares April 8 election seat vacant after city attorney cites unpaid taxes; council to appoint successor

The Gladstone City Council on April 28 enacted Ordinance 4.695 declaring that no candidate was elected to a city council seat in the April 8 municipal election after city staff found the top vote recipient was in arrears on city taxes at the time the polls closed.

City Attorney Chris Williams told the council the matter arises from “Section 77.38 of the state statute,” which—along with an identical sentence in the city code—prohibits a person “at the time” of an election from being elected if they are in arrears on city taxes. Williams said Missouri case law interprets “at the time” to mean prior to polls closing on election day, and that when that rule applies the office is considered vacant rather than awarded to the runner-up. He told the council staff revised the April 14 draft ordinance after learning of the unpaid taxes and that certified results were later posted by the Clay County Election Board on April 16.

The council advanced Bill 25-11 through both readings and enacted it as Ordinance 4.695. On the second reading the roll call recorded four votes in favor and one abstention: Councilman Davis, Council member Spalo, Mayor Pro Tem Moore and Mayor Smith voted aye; Councilman Garnos was recorded as abstaining.

Candidate Molly Gibson, who addressed the council during the public-comment period and said she received 905 votes in the April 8 municipal election, urged the council to “honor the voters' voice” and seat her. Gibson said she paid the unpaid city taxes on April 14 and that the certified results were posted April 16. Several Gladstone residents also spoke in favor of seating the candidate who received the most votes. Resident Erin Samick summarized the timeline publicly, saying Gibson “owed less than $63 to the city of Gladstone, and when she was made aware, she paid them as soon as she was back in town.”

Williams told the council state law requires that vacancies in third-class cities be filled by the city council, without prescribing a specific procedure or timetable. He noted the Missouri Constitution provides that the previous officeholder remains in office—“in effect, hold over in office”—until a successor is selected and appointed or elected, which explains why Councilman Garnos remained seated for continuity of government.

Mayor Smith said the council will design a transparent process to make an appointment to the vacancy and that the matter will not remain open “very long,” though no timetable was established at the meeting.

The ordinance and the attorney’s explanation concluded the council’s formal action on the election matter for the evening. The council’s next steps will be to publish the appointment process and select a successor to serve until the next regular election.