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Council approves $10,000 commitment to Parade of Hearts after legal review of conflict allegation
Summary
The Independence City Council voted 7-0 April 21 to approve resolution 25-7-45 committing $10,000 from the tourism budget to the Parade of Hearts initiative after a city-commissioned legal opinion said the cited conflict statutes did not apply.
The Independence City Council on April 21 voted 7-0 to approve resolution 25-7-45, authorizing a $10,000 commitment from the tourism budget to support the Parade of Hearts initiative.
The vote followed public remarks urging the council to pause the item and a legal opinion read into the record that concluded Missouri conflict statutes did not apply to the facts as presented. The council recorded seven votes in favor; none opposed.
Lee Phillips, an Independence resident and Jackson County committee woman, urged the council to table the resolution and requested a state forensic audit, saying the proposed resolution “presents a clear and documentable conflict of interest involving the city manager and his spouse who is a partner in EverStrive Solutions LLC.” Phillips told the council she had submitted a formal letter and said she would refer the matter to the Missouri attorney general and the Missouri Ethics Commission if the council did not pause the action. “Tonight, I'm respectfully urging this council to table resolution 25 7 45 immediately,” Phillips said.
Council member Stewart read a written legal opinion obtained by the council from attorney James Kallar of Laubra Municipal Law. Stewart summarized the opinion’s conclusion: “There appears to be no special monetary benefit for EverStrive if the council moves forward with a $10,000 commitment with this initiative.” Stewart said the opinion found no legal basis under the cited RSMo sections to bar the council from approving the measure.
Council discussion was limited after the opinion was presented. Council members then moved, seconded and approved the resolution. The clerk recorded affirmative votes from Council member Fears; Council member Perkins; Council member Stewart; Council member McCandless; Council member Wylie; Council member Botte; and Mayor Roland.
The legal opinion and the public complaint were included in the meeting record. The complainant (Phillips) asserted potential violations of Missouri statutory provisions and cited the city charter; the opinion read by Stewart concluded the specific statutory provisions referenced did not apply based on the disclosures in the study-session packet.
The council’s action commits the $10,000 from the tourism budget as noted in the motion and does not, by itself, create further administrative sanctions or an independent audit. Phillips stated during public comment she would seek a formal review by state authorities regardless of tonight’s vote.
The resolution was adopted 7-0. Council and staff confirmed the funding will come from the tourism budget.
