By Kellie Houx
KHoux@cherryroad.com
GLADSTONE — The Gladstone City Council voted to certify the April 8 election, but due to a late property tax payment, no candidate has been elected and now there is a vacancy on the council.
Molly Marie Gibson defeated the incumbent Bill Garnos, 50.7% to 48.5%, April 8, but she hadn’t paid her property taxes until after the election. Gibson provided a copy of her tax receipt, dated April 14, or six days after her election.
City Attorney Chris Williams came to this determination due to Section 77.380 of the state statute, and City Code Section 1.105.340 which states “No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid city taxes, or forfeiture or defalcation in office.”
After consultation with legal counsel, the city’s understanding is that it does not have the authority to declare anyone as elected to the office, creating a vacancy.
“The words ‘at the time’ means prior to when the polls closed on election day, not when the votes are certified,” Williams explained.
Williams also explained how the April 14 agenda was revised, removing the city’s acceptance of the certified election results.
“The city always places an ordinance on the first Monday after the election. Sometimes we don’t get the results of the election board prior to the meeting so we m
The certified results came in on April 16.
Williams also explained that as a third-class city, the council will select a successor.
“Until then, the Missouri Constitution states that the previous office holder can hold over until a successor is named. Mr. Garnos has the right to be here. The ordinance reflects the state law. We can’t deviate from state law, if at the time of the election. That is how we got to where we are today.”
Current Mayor Les Smith said there is no time frame yet established to appoint someone to fill the spot.
“The council will move forward with looking into this process to fill the vacancy,” he said. “We will be transparent with that.”
Smith said Garnos will provide continuity of government until a new person is selected.
Gibson attended the meeting and spoke about the situation.
“I appreciate the chance to speak to the council and the citizens. I won the city election with 905 votes. It was not just a number, it represents the trust, the hopes and the voices of many neighbors that want to see our community thrive. I have seen firsthand how we can support each other when times get hard. It makes Gladstone special and that is why I want to serve. The lived experience of someone who works and wants to serve,” she said.
Gibson said this experience has been “extremely humbling.”
“…I believe making mistakes doesn’t define a person, but it is how we own them and learn from them. The community has spoken clearly. I have received support from neighbors and local leaders. People without political backgrounds can bring fresh perspectives. I am ready to do just that to listen, to learn and to work collaboratively to make Gladstone an even better place to live. I ask Gladstone Council to not only consider the letter of the law, but the spirit of democracy and the will of the people. I am ready to serve and lead …. I am asking you tonight to do the right thing,” she said.
A handful of others also spoke in support including Cody McElroy who asked the council to honor the will of the 905 people who voted for Gibson.
