KSHB 41 reporter Marlon Martinez covers Platte and Clay counties in Missouri. Share your story idea with Marlon.
Platte County is debating whether county commissioners have the power to override voters' decisions.
In November, voters approved the creation of a Children’s Services Fund, a quarter-cent sales tax aimed at supporting youth mental health services in the county.
Now, commissioners argue that they have the power to decide whether the tax should take effect. A vote on this is scheduled for Monday morning, at the Platte County Courthouse.
KSHB’s Marlon Martinez asked Commissioner Joe Vanover if he felt that their decision would be going against the will of the people who voted to approve the tax.
”I don't feel that at all,” Vanover said.
“There were thousands and thousands of people that voted against it and there were thousands and thousands of vote in favor,” Vanover said.
He believes the language in the ballot allows them to make the final decision.
Platte County ballot said:
“Shall Platte County, solely for the purpose of establishing a community children’s service fund for the purpose of providing services to protect the well-being and safety of children and youth 19 years of age or less, and to strengthen families, be authorized to levy a sales tax of one quarter of one cent in Platte county.”
This is what the statute stays:
“The governing body of a city not within a county, or any county of this state may, after voter approval under this section, levy a sales tax not to exceed one-quarter of a cent in the county or city [...]”
Commissioners believe the “be authorized to levy a sales tax” language gives them power over voters. Vanover also says the statute language — where it says “may”— allows them to make the final decision.
“Any decent lawyer will spend ten minutes looking at this statute and come to the same conclusion that I did," he said.
On the other hand, executive director of Synergy Services Dennis Meier, part of the coalition that proposed the tax, says the possible commissioners' decision makes him feel like “votes don’t count.”
“There are going to be a lot of people who will begin questioning, well then if my vote doesn't count, why do we have elections? So it kind of goes to the heart of that question of how a democracy works,” Meier said. “I think are a lot of people confused and scratching their heads and asking all, why would they block something that could be so good for the community.”
We spoke to Allen Rostron, a UMKC law professor. According to him, it comes down to interpreting the language that was put on the ballot.
“The way it's worded, I mean on its face, I think it probably sounds like the county was supposed to have discretion over this,” Rostron said. “Language suggests it was optional rather than mandatory.”
Still, according to Rostron, a final decision might go to a judge in court, if someone files a lawsuit.
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