State Rep. Nathan Cooper on Aug. 9 pleaded guilty to two federal felony charges for helping clients fraudulently obtain work visas for immigrant employees. He faces up to 15 years in prison and a $500,000 fine when he is sentenced on Oct. 19
Cooper, R-Cape Girardeau, was first elected to the House in 2004. House Speaker Rod Jetton, R-Marble Hill, last year named Cooper as “Freshman Legislator of the Year for Accountability in Government.” As part of his plea agreement, the Southeast Missouri lawmaker will resign his House seat and surrender his law license.
Federal prosecutors say Cooper collected more than $50,000 in legal fees for helping clients in the trucking industries fraudulently obtain work visas for foreign employees. In his plea agreement, Cooper admitted to applying for visas using bogus shell companies, deceiving federal officials about the immigration status of his clients’ employees and illegally transferring visas.
Sunday, August 19, 2007
CONSERVATION COMMISSION NOMINATION DRAWS SCRUTINY
The Missouri Conservation Commission, not Gov. Matt Blunt, should have selected the panel’s newest member because the governor missed his constitutional window for doing so by eight days, some critics of the process contend.
Under the Missouri Constitution, the governor appoints the commission’s four members. However, it says: “If the governor fails to fill a vacancy within thirty days, the remaining members shall fill the vacancy for the unexpired term.”
On Aug. 7, Blunt appointed Saline County Presiding Commissioner Becky Plattner to replace Stephen Bradford in one of the commission’s two Democratic slots. Bradford’s term expired June 30, 38 days before Blunt named a successor. During the interim, Bradford continued to serve under another constitutional provision that allows appointed officials to hold their posts past the end of their terms until replaced.
Blunt and the commission argue the 30-day time limit only applies when a commissioner resigns midterm and isn’t applicable in this instance. In 1991, however, then-Gov. John Ashcroft cited the time limit in asking the commission to reappoint a member 30 days after that member’s previous term had ended.
Under the Missouri Constitution, the governor appoints the commission’s four members. However, it says: “If the governor fails to fill a vacancy within thirty days, the remaining members shall fill the vacancy for the unexpired term.”
On Aug. 7, Blunt appointed Saline County Presiding Commissioner Becky Plattner to replace Stephen Bradford in one of the commission’s two Democratic slots. Bradford’s term expired June 30, 38 days before Blunt named a successor. During the interim, Bradford continued to serve under another constitutional provision that allows appointed officials to hold their posts past the end of their terms until replaced.
Blunt and the commission argue the 30-day time limit only applies when a commissioner resigns midterm and isn’t applicable in this instance. In 1991, however, then-Gov. John Ashcroft cited the time limit in asking the commission to reappoint a member 30 days after that member’s previous term had ended.
JUDGE STRIKES DOWN LAW LEGALIZING MIDWIFERY
Cole County Circuit Judge Patricia Joyce on Aug 8 ruled unconstitutional a new state law legalizing the practice of midwifery. Supporters of the law plan to appeal to the Missouri Supreme Court.
State Sen. John Loudon, R-Ballwin, secretly slipped the obscurely worded midwifery provision into a larger bill he was handling related to health insurance. The provision wasn’t discovered until after the General Assembly granted final passage of the bill, HB 818. Gov. Matt Blunt later singed the bill into law.
The Missouri State Medical Association and other physicians’ groups filed a lawsuit on June 29 claiming the midwifery provision is unrelated to the subject matter of the underlying bill in violation of the Missouri Constitution.
State Sen. John Loudon, R-Ballwin, secretly slipped the obscurely worded midwifery provision into a larger bill he was handling related to health insurance. The provision wasn’t discovered until after the General Assembly granted final passage of the bill, HB 818. Gov. Matt Blunt later singed the bill into law.
The Missouri State Medical Association and other physicians’ groups filed a lawsuit on June 29 claiming the midwifery provision is unrelated to the subject matter of the underlying bill in violation of the Missouri Constitution.
JUDICIAL COMMISSION RESPONDS TO ATTACKS
In an open letter addressed to the “citizens of Missouri,” the Appellate Judicial Commission on Aug. 7 responded to unprecedented attacks concerning its traditionally secret process for nominating candidates to fill vacancies on the Missouri Supreme Court and Court of Appeals. Gov. Matt Blunt and others have been critical of the commission for refusing to turn over certain records relating to its selection of three finalists to fill an open seat on the Supreme Court.
The commission cited a Supreme Court rule that makes the commission’s records and proceedings confidential. Critics, however, contend the court’s rule is trumped by the state’s Sunshine Law, which requires records and meetings of governmental bodies to be accessible to the public with limited exceptions.
The commission’s open letter came hours after state Rep. Jim Lembke, R-St. Louis, held a news conference on the steps of the Supreme Court Building to call for more openness in the vetting of judicial nominees. Lembke said he will sponsor legislation next year to specifically require the commission’s proceeding to be open under the Sunshine Law.
The commission cited a Supreme Court rule that makes the commission’s records and proceedings confidential. Critics, however, contend the court’s rule is trumped by the state’s Sunshine Law, which requires records and meetings of governmental bodies to be accessible to the public with limited exceptions.
The commission’s open letter came hours after state Rep. Jim Lembke, R-St. Louis, held a news conference on the steps of the Supreme Court Building to call for more openness in the vetting of judicial nominees. Lembke said he will sponsor legislation next year to specifically require the commission’s proceeding to be open under the Sunshine Law.
BLUNT’S PUBLIC SAFETY DIRECTOR CALLS FOR TAX HIKE
While testifying before a House committee on Aug. 6, Missouri Department of Public Safety Director Mark James called for a imposing 75-cent a month tax on cell phone service to pay for improvements in the state’s 911 system. James is a member of Gov. Matt Blunt’s cabinet. The governor traditionally has opposed tax increases.
James made his comments before the House Special Committee to Evaluate the 911 System. According to The Associated Press, Missouri is the only state without a statewide tax for wireless 911 service. The proposed tax would generate an estimated $33.8 million a year.
Missouri voters have twice defeated proposed state taxes on cell phone service dedicated for the 911 system. In 1999, the proposal garnered just 42.5 percent voter support. Support slipped to 34.7 percent when an identical measure was placed on the ballot in 2002. Both measures called for a 50-cent per month tax on cell phone services.
James made his comments before the House Special Committee to Evaluate the 911 System. According to The Associated Press, Missouri is the only state without a statewide tax for wireless 911 service. The proposed tax would generate an estimated $33.8 million a year.
Missouri voters have twice defeated proposed state taxes on cell phone service dedicated for the 911 system. In 1999, the proposal garnered just 42.5 percent voter support. Support slipped to 34.7 percent when an identical measure was placed on the ballot in 2002. Both measures called for a 50-cent per month tax on cell phone services.
REPUBLICAN STATE SENATOR SWITCHES PARTIES
In a bombshell announcement on Aug. 1, state Sen. Chris Koster of Harrisonville, the early frontrunner for the 2008 GOP nomination for attorney general, announced he is leaving the Republican Party and becoming a Democrat. One day earlier Koster resigned his Senate leadership position of majority caucus chairman.
A self-professed moderate, Koster said he was making the switch because the Republican Party has become too dominated by conservative ideologues. Koster has long enjoyed the support of some traditionally Democratic constituencies, such as organized labor and trial attorneys. During his three years in the Senate, however, Koster reliably voted the Republican position on major issues that Democrats strongly opposed, such as voter ID, cutting health care funding and removing campaign contribution limits.
Koster, a former Cass County prosecutor, declined to comment on whether he intends to continue his bid for attorney general, although he is widely expected to do so. Koster said he will not seek re-election to the Senate next year. House Minority Leader Jeff Harris of Columbia and state Rep. Margaret Donnelly of St. Louis have already announced their candidacies for the Democratic nomination for attorney general.
A self-professed moderate, Koster said he was making the switch because the Republican Party has become too dominated by conservative ideologues. Koster has long enjoyed the support of some traditionally Democratic constituencies, such as organized labor and trial attorneys. During his three years in the Senate, however, Koster reliably voted the Republican position on major issues that Democrats strongly opposed, such as voter ID, cutting health care funding and removing campaign contribution limits.
Koster, a former Cass County prosecutor, declined to comment on whether he intends to continue his bid for attorney general, although he is widely expected to do so. Koster said he will not seek re-election to the Senate next year. House Minority Leader Jeff Harris of Columbia and state Rep. Margaret Donnelly of St. Louis have already announced their candidacies for the Democratic nomination for attorney general.
BLUNT CHOOSES EX-GOP BOSS FOR WORKERS’ COMP POST
Gov. Matt Blunt on July 27 appointed Jeff Buker, the former head of the Missouri Republican Party, as director of the state Division of Workers’ compensation. From 2003 to 2005 Buker served as director of operations for the state GOP, which at the time was the party’s top-ranking post. The news release announcing Buker’s appointment made no mention of his tenure at the state party.
ANTI-AFFIRMATIVE ACTION GROUP SUES CARNAHAN
A group seeking to place a proposed constitutional amendment on the ballot next year to ban racial and gender preferences in state hiring, education and contracting practices sued Secretary of State Robin Carnahan on July 26 over the ballot language her office drafted for the measure.
The American Civil Rights Institute, which has pursued similar measures in other states, claims the language provided by Carnahan’s office is biased in opposition to the proposal. The suit was filed in Cole County Circuit Court. Supporters still must gather a sufficient number of initiative petition signatures in order for the proposal to go on the November 2008 ballot.
The American Civil Rights Institute, which has pursued similar measures in other states, claims the language provided by Carnahan’s office is biased in opposition to the proposal. The suit was filed in Cole County Circuit Court. Supporters still must gather a sufficient number of initiative petition signatures in order for the proposal to go on the November 2008 ballot.
GOVERNOR PICKS FIGHT OVER SUPREME COURT NOMINEES
The Appellate Judicial Commission on July 27 denied Gov. Matt Blunt’s request for all documentation related to the panel’s selection of three finalists for a vacancy on the Missouri Supreme Court.
Through his counsel Blunt asked for all transcripts, notes and other information from the commission’s interviews with all 30 applicants for the post. In declining the request, the commission said its proceedings are confidential under Supreme Court rules. Critics of the selection process say the court’s rules are trumped by Missouri’s Sunshine Law, which requires most governmental proceedings and records to be open to the public.
The three finalists selected by the commission are all members of the Missouri Court of Appeals. They are Judge Nannette Baker of the court’s Eastern District and Western District Judges and Western District Judges Patricia Breckenridge and Ronald Holliger.
On Aug. 2 Blunt asked the finalists to complete an 111-question survey that includes extensive requests for documentation. Blunt has until Sept. 30 to make his selection. If he fails to do so, the commission will make the appointment.
Through his counsel Blunt asked for all transcripts, notes and other information from the commission’s interviews with all 30 applicants for the post. In declining the request, the commission said its proceedings are confidential under Supreme Court rules. Critics of the selection process say the court’s rules are trumped by Missouri’s Sunshine Law, which requires most governmental proceedings and records to be open to the public.
The three finalists selected by the commission are all members of the Missouri Court of Appeals. They are Judge Nannette Baker of the court’s Eastern District and Western District Judges and Western District Judges Patricia Breckenridge and Ronald Holliger.
On Aug. 2 Blunt asked the finalists to complete an 111-question survey that includes extensive requests for documentation. Blunt has until Sept. 30 to make his selection. If he fails to do so, the commission will make the appointment.
Wednesday, August 1, 2007
SUPREME COURT RESTORES CAMPAIGN CONTRIBUTION CAPS
In a unanimous ruling, the Missouri Supreme Court on July 19 reinstated the state’s limits on campaign contributions that had been repealed by a 2006 law. The court, however, hasn’t yet determined whether candidates must return money received in excess of the limits during the more than six months that the caps were lifted.
Over the objections of House Democrats, the General Assembly last year passed HB 1900, which eliminated contribution limits first imposed by Missouri voters in 1994. The bill also prohibited candidates from raising money when the legislature was in session. A lower court judge struck down the blackout period as unconstitutional but upheld the repeal of campaign limits.
Based on the legislative history of HB 1900, the Supreme Court determined that the legislature would not have repealed contribution limits without also imposing the blackout period. As a result, the high court invalidated that entire section of the bill, restoring the law as it existed prior to enactment.
The court is accepting briefs from interested parties through Aug. 3 on the issue of disgorgement. The Missouri Ethics Commission on July 25 recommended to the court that most candidates be required to return excess contributions. The commission, however, said municipal candidates who ran for office in the spring should be excused from returning excess contributions since their elections have already taken place.
Over the objections of House Democrats, the General Assembly last year passed HB 1900, which eliminated contribution limits first imposed by Missouri voters in 1994. The bill also prohibited candidates from raising money when the legislature was in session. A lower court judge struck down the blackout period as unconstitutional but upheld the repeal of campaign limits.
Based on the legislative history of HB 1900, the Supreme Court determined that the legislature would not have repealed contribution limits without also imposing the blackout period. As a result, the high court invalidated that entire section of the bill, restoring the law as it existed prior to enactment.
The court is accepting briefs from interested parties through Aug. 3 on the issue of disgorgement. The Missouri Ethics Commission on July 25 recommended to the court that most candidates be required to return excess contributions. The commission, however, said municipal candidates who ran for office in the spring should be excused from returning excess contributions since their elections have already taken place.
TRANSPORTION TAX DISTRICTS HAVE LITTLE OVERSIGHT
Transportation development districts that impose taxes without voter approval are growing in number and operating with little government oversight, according to a July 25 report by State Auditor Susan Montee. At the end of 2006, 120 districts had been established, nearly 70 percent of them in the St. Louis and Kansas City areas. They are expected to collect more than $1 billion combined over the five- to 40-year duration of their taxes.
Under a 1997 state law, developers can ask a judge for approval to set up a special taxing district, which levies sales taxes at retail businesses within a development. The proceeds are supposed to be used to pay for infrastructure at the development.Problems Montee’s report identified include a lack of competitive bids for taxpayer-funded projects, improper documentation of developers’ costs and districts charging higher tax rates than authorized.
Under a 1997 state law, developers can ask a judge for approval to set up a special taxing district, which levies sales taxes at retail businesses within a development. The proceeds are supposed to be used to pay for infrastructure at the development.Problems Montee’s report identified include a lack of competitive bids for taxpayer-funded projects, improper documentation of developers’ costs and districts charging higher tax rates than authorized.
KANSAS CONSIDERING PAYBACK FOR MISSOURI TAX HIKE
Kansas lawmakers are considering retaliation against Missouri for a bill Gov. Matt Blunt recently signed into law that increases taxes on people who work in Missouri but live in other states.
Previously, non-Missouri residents could deduct from their Missouri income taxes property taxes paid in other states. HB 444 eliminated the deduction. Some Kansas lawmakers suggest eliminating a similar deduction enjoyed by Missourians who work in Kansas.
HB 444 also cut state taxes on Social Security benefits for some Missourians. When asked about the tax increase on non-Missourians, Blunt said his duty as governor was to lower taxes for Missouri residents. In response to Blunt’s comment, Kansas state Rep. Kenny Wilk, R-Lansing, told The Associated Press: “That’s just an example of Governor Blunt’s youth and immaturity on full display.”
Previously, non-Missouri residents could deduct from their Missouri income taxes property taxes paid in other states. HB 444 eliminated the deduction. Some Kansas lawmakers suggest eliminating a similar deduction enjoyed by Missourians who work in Kansas.
HB 444 also cut state taxes on Social Security benefits for some Missourians. When asked about the tax increase on non-Missourians, Blunt said his duty as governor was to lower taxes for Missouri residents. In response to Blunt’s comment, Kansas state Rep. Kenny Wilk, R-Lansing, told The Associated Press: “That’s just an example of Governor Blunt’s youth and immaturity on full display.”
FINALIST FOR SUPREME COURT VACANCY ANNOUNCED
Republican Gov. Matt Blunt will choose from among three members of the Missouri Court of Appeals for his first appointment to the Missouri Supreme Court. The Appellate Judicial Commission selected the finalists from among 30 applicants to replace Ronnie White, who resigned from the court earlier this month to go into private practice.
The finalists are Judge Nannette Baker of the Missouri Court of Appeals Eastern District and Western District Judges Patricia Breckenridge and Ronald Holliger. Baker and Holliger were both appointed to their current posts by Democratic governors while Breckenridge is a Republican appointee.
White was the first and only black member of the state high court. Baker is the lone African-American among the finalists. Blunt has 60 days to make his selection. If he fails to do so, the commission will make the appointment.
The finalists are Judge Nannette Baker of the Missouri Court of Appeals Eastern District and Western District Judges Patricia Breckenridge and Ronald Holliger. Baker and Holliger were both appointed to their current posts by Democratic governors while Breckenridge is a Republican appointee.
White was the first and only black member of the state high court. Baker is the lone African-American among the finalists. Blunt has 60 days to make his selection. If he fails to do so, the commission will make the appointment.
CARDINALS SEEK SUBSIDY FOR BALLPARK VILLAGE
The Missouri Department of Economic Development is recommending the state provide $27 million in taxpayer subsidies for the proposed Ballpark Village development to be built next to new Busch Stadium in St. Louis. The recommended subsidy is slightly smaller than the $32 million sought by the St. Louis Cardinals and the developer the team hired for the project.
The Missouri Development Finance Board, which provides tax breaks for economic development projects, is expected to vote on the proposal next month. Ballpark Village is expected to cost $280 million, with about $100 million coming from state and local taxpayer subsidies.
Economic development officials recommended less state money than requested after concluding only about 75 percent of the sales tax revenue generated by Ballpark Village would be new revenue, while the remainder would result from sales shifted from existing businesses. Project proponents contended 90 percent of the revenue would be new.
The Missouri Development Finance Board, which provides tax breaks for economic development projects, is expected to vote on the proposal next month. Ballpark Village is expected to cost $280 million, with about $100 million coming from state and local taxpayer subsidies.
Economic development officials recommended less state money than requested after concluding only about 75 percent of the sales tax revenue generated by Ballpark Village would be new revenue, while the remainder would result from sales shifted from existing businesses. Project proponents contended 90 percent of the revenue would be new.
ADMINISTRATION URGED PATROL TO CRITICIZE NIXON
Officials in Gov. Matt Blunt’s administration pressured the Missouri State Highway Patrol to publicly criticize Attorney General Jay Nixon last month for not pursuing criminal charges against AmerenUE over the December 2005 Taum Sauk Reservoir collapse even though the patrol’s own investigation found no evidence of criminal wrongdoing, according to a July 18 story by The Kansas City Star.
E-mails obtained by the paper showed that high-ranking officials in the governor’s office were upset with comments by patrol officials to the media that the patrol determined no crimes had been committed. The officials wanted the patrol to put out a statement to the contrary. At the direction of Department of Public Safety Director Mark James, Col. James Keathley, patrol superintendent, issued such a statement on June 7. Keathley’s statement contradicted several findings of the patrol’s investigation.
E-mails obtained by the paper showed that high-ranking officials in the governor’s office were upset with comments by patrol officials to the media that the patrol determined no crimes had been committed. The officials wanted the patrol to put out a statement to the contrary. At the direction of Department of Public Safety Director Mark James, Col. James Keathley, patrol superintendent, issued such a statement on June 7. Keathley’s statement contradicted several findings of the patrol’s investigation.
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