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Portageville Board of Aldermen ousts mayor
PORTAGEVILLE, Mo. - After approximately two and half hours of testimony, the Portageville Board of Aldermen unanimously voted to impeach the mayor on 10 charges. On one additional charge, three of the four board members abstained, leading to the charge being dropped.
However following Thursday night’s meeting, the now former Mayor Vince Berry promised he would continue to defend himself against all charges. He said he plans to appeal the board’s verdict in New Madrid County Circuit Court.
“I am fully confident when the Circuit Court sees this they will find that not only was this entire process tainted from the beginning as I said in my objections but they will also find there is no basis and no malfeasance, misfeasance or nonfeasance therefore I will be reinstated as mayor,” Berry said.
Things quickly became contentious Thursday. In a special meeting called at 5:30 p.m. to consider whether to initiate the impeachment proceedings, Berry questioned why as presiding officer he was not informed about the presence of law enforcement officers. Berry then asked the reasoning for the decision to enforce fire code regulations limiting the number of individuals observing the proceedings, noting in the past this was never a consideration.
Following a yes vote by Ward 1 council members Denis McCrate and Kristine Adams and Ward 2 council members Rodi Walker and Michael Johnston to conduct an impeachment trial, the mayor stepped down from his place at the center of dais. Walker took over the duties as mayor pro temp and called for the law enforcement officers to allow everyone into the city hall which quickly filled to standing room only primarily with those in support of Berry.
At 6 p.m. the board reconvened. The board members then became the jurors to hear testimony for impeachment.
Berry immediately sought to stop the proceedings, stating the articles of impeachment were without merit. He also said he was unable to properly prepare for the proceedings.
Susan Warren, the legal counsel for the board of aldermen, pointed out after the board initially announced in February it intended to pursue impeachment, Berry had agreed to the time and date for the proceedings. Also she noted he received the Board’s initial charges in February and had not requested any further information or depositions.
Warren called three witnesses in presenting the case for impeachment.
First to testify was Portageville Police Sgt. Corey Sisk, who also serves as the city’s emergency management director. Sisk’s testimony centered on events of Dec. 10.
According to Sisk, a storm has resulted in damage in Pemiscot County and as part of the mutual aid agreement, two Portageville Police officers had responded to assist with traffic control. Because the destruction was outside the area, Sisk said as emergency management director did not see any need to establish an incident command in Portageville however, he was called by Berry who told Sisk he was already at the police department and had called in fire department personnel.
Sisk said he responded to the police department and when they began to establish their incident command, Berry insisted on being named incident commander.
Serving as his own counsel for the proceedings, Berry pointed as mayor it was part of his duties. Also he explained he would have been the only one who could release equipment if it would have been needed.
Portageville’s Assistant Police Chief Christopher Cooley testified he was asked by Berry to write up a 90-day personnel evaluation on a new dispatch employee. Because the employee had not yet completed the 90 days, Cooley said he did not write up the evaluation although Berry continued to ask him to complete the form.
After he had received the fourth request from Berry, Cooley said the employee resigned.“I felt like the mayor was signaling her out,” Cooley stated.
Berry countered that the request was actually to determine whether supervisors could properly complete the forms and were part of his effort to see if the city should change its procedures on awarding pay raises. Also Berry pointed out he had received completed forms from other Departments.
Continuing his testimony, Cooley related that Berry had involved himself in a juvenile investigation, talking with the victim the day before she was to come into the police department to meet with officers.
In his cross-examination of Cooley, Berry cited municipal code saying the mayor has “sole control of daily functions,” he said. “Going forward from that it also states that the mayor will enforce all laws and that the mayor shall cause all subordinate officers to follow all laws. That means all officers below the mayor are subordinate on the city side.”
Describing the local government operations as a series of checks and balances, divided into executive, legislative and judicial, Berry would later add: “One of the complaints against me is that I act as commander in chief of the police department. This was a discussion between myself and Chief Ronnie Adams while trying to explain the concept of checks and balances, and the reasoning behind it. I said just as the president is the commander-in-chief, I am the executive in control over the city functions, offices and city officers.”
Warren also called Berry to testify. In response to her questions about whether he spoke with the city’s law firm dealing with a drainage case without informing the board, Berry insisted those conversations were only informational.
He also defended his attempt to prevent the board from holding a meeting by conducting a filibuster. Claiming the meeting was illegal because it was conducted during business hours rather than in the evening could prevent citizens from coming, Berry explained he was invoking his privilege as mayor to command the floor for four hours, only ending his filibuster after the aldermen indicated they would remain as long as it took.
When questioned about his decision to withdraw the city’s request to the New Madrid County Commission for assistance to pay for the city’s water meters, Berry said the county commission’s minutes of their meeting were incomplete. He insisted he believed that because the loan for the meter system was already in the works, Portageville would not have been eligible for the federal monies due that project. Also he said he thought the city would receive even more funds to pay for a new water treatment plant from the county in the second round of federal funding.
Berry also denied not allowing the Board to review preliminary reports from the engineers for the water treatment plant. He said the initial reports he reviewed had discrepancies and added there were negotiations involved and part of his job as mayor is to do contract negotiations on behalf of the city.
Berry called Michelle Peeler as his sole defense witness. Peeler spoke about the incident involving the juveniles, explaining she requested Berry come meet with the victim. She insisted Berry made no promises testifying that his reassurances to the women at the time had made them feel safe.
In closing, Berry said none of the charges against him reached a level calling for impeachment. He again spoke of the division of power describing the mayor’s office as the executive branch of government.
“I’m sorry if they don’t understand the rules by which we govern but the rules by which we govern say I am the executive director,” Berry said. “I am willing to work with this board as far as delegating that authority. I can delegate authority, I cannot delegate responsibility. It will always be the mayor’s responsibility to make sure that stuff is done.”
Warren countered that Berry was incorrect.
“He says he is not a lawyer but he wants to interpret the statutes for everyone including the board. He is misinterpreting the statute that says the mayor is to enforce all laws. What that is, and there is case law that shows it, is that he cannot allow the board or anyone that works for the city to do something that is against federal, state or local law. He is not the police chief,” she said explaining statutes specifically state an elected police chief retains the power over the department, not the mayor.
Warren ticked through the remaining charges. She said Berry has also failed to bring items before the board numerous times, preventing them from performing their elected duties.
Following the vote, board member Denis McCrate acknowledged most of those at the meeting were not pleased by the board’s decision.
“He is a very eloquent speaker,” McCrate said. “The majority of people who are out there (watching the proceedings) have never been to a city council meeting and they don’t actually know what has transpired. That is why the council voted the way they did because they are in the know.”
In response to an inquiry from the audience, board member Rodi Walker explained as mayor pro temp he will serve as mayor until an election can be set.