Judge orders Stoddard County Commissioner not to engage in the duties of his office

Wednesday, September 28, 2022

BLOOMFIELD, Mo. — A judge’s order will prevent Steve Jordan from engaging in any activity or exercising any authority as District 1 Stoddard County commissioner following accusations of nepotism. His current term expires on December 31, 2024. He was serving his second term, taking office for his first term in January 2016.

The preliminary order was issued Thursday morning by Judge Robert Mayer after a complaint filed by Stoddard County Prosecuting Attorney Russ Oliver. Oliver’s complaint alleged Jordan violated the Missouri Constitutions prohibition against nepotism in the appointment of his son-in-law to a water district board.

The Dexter Statesman reached out to Jordan but he stated he had no comment at this time. Jordan has 10 days to answer the petition. His current term

According to the petition filed by Oliver, this is the result of action taken at Sept. 12 commission meeting.

Jordan nominated Austin Williams and Daniel Fitts to serve on the Stoddard County Water District 5 Board of Directors, according to county documents. The previous members of the Stoddard County Water District 5 Board had resigned unexpectedly, officials have said. Commissioner Carol Jarrell offered a second and it was passed with a 3-0 vote.

One of the two nominated, Williams, is Jordan’s son-in-law.

The Missouri Constitution prohibits a public officer from nominating or voting for a family member to be appointed to a public office or elected position.

Oliver’s complaint referenced Article 7 Section 6 of the Missouri Constitution which states:

“Any public officer or employee in this state who by virtue of his office or employment names or appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity, shall thereby forfeit his office or employment.”

Oliver’s complaint states the relationship of son-in-law is covered under the fourth degree.

The complaint alleges that by voting in the affirmative for Williams’ appointment, Jordan effectively forfeited his office.

The complaint said it is irrelevant if the appointed position received any compensation.

“The Missouri Supreme Court has stated that the Constitution does not even make an exception for a public official who appoints a relative to employment and the relative receives no pay for the service,” according to the complaint.

The complaint goes on to say the fact that the other two commissioners voted for Williams is immaterial, referencing a previous case.

“The constitution does not predicate the forfeiture of office on whether the public officer cast a deciding or necessary vote. Instead, a public officer violates the constitution when he or she appoints, by participating in the appointing process, a relative who is within the forbidden degree of relationship to public office,” the complaint states, referencing State Atty. Gen. v. Shull.

Oliver goes on to say any claimed lack of knowledge of the constitutional prohibition is irrelevant.

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