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Missouri House ethics rule fixes on mind amid Plocher probe

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The saga of Dean Plocher took yet another twist this week, with the House speaker’s leadership team circumventing the chamber’s rules to try to force the ethics committee to hold a hearing.Plocher has been under investigation by the committee for months, and recently he and his allies have started demanding it convene and dismiss the complaint against him. But because House rules only allow the chair of a committee to schedule a hearing, the meeting scheduled by GOP leadership was quickly scuttled.“The reason why I canceled the meeting is because I didn’t notice it up,” said state Rep. Hannah Kelly, a Mountain View Republican appointed last year by Plocher to serve as ethics chair. She ultimately ended up scheduling a meeting for 11 a.m. Monday.Plocher wouldn’t comment Thursday on what his role was in the push to force a meeting.But the unusual maneuver, coming as the speaker is already being accused of obstructing the committee’s work, has added even more fuel to questions about whether the ethics rules in the House need to be reworked in order to deal with the possibility of the chamber’s most powerful member being the focus of an investigation.“It is deeply difficult to hold elected officials accountable in the process that we have in this ethics committee, particularly when we’re talking about the speaker, who appoints those members and ultimately has authority over how that committee works. Whether or not subpoenas are issued, you know, and the list goes on,” said House Minority Leader Crystal Quade, a Springfield Democrat.House Majority Leader Jon Patterson, a Lee’s Summit Republican set to take over as speaker next year when Plocher’s term expires, agreed that changes to the ethics rules in light of everything that’s been going on this year are “worth looking at.”“There’s always room to look at things,” he said earlier this week, “and see how they can be improved as we go forward.”Since late last year, the ethics committee has been digging into Plocher’s unsuccessful push for the House to sign an $800,000 contract with a private software company outside the normal bidding process; alleged threats of retaliation against nonpartisan legislative staff who raised red flags about that contract; purported firing a potential whistleblower; and years of false expense reports for travelalready paid for by his campaign.Over the course of the ethics committee’s inquiry, Plocher refused to speak to the private attorney hired to gather evidence and on three occasions over March and April refused to sign off on subpoena requests by the committee.Kelly and the committee’s vice chair, Democratic state Rep. Robert Sauls of Independence, also accused Plocher of undermining the inquiry by pressuring potential witnesses.Last week, the committee voted 6-2 to reject a report recommending a formal letter of disapproval for Plocher, that he hire an accounting professional to manage his expense reports moving forward and that he refrain from retaliation against any legislator or House employee who cooperated with the committee.The rejected report also includes numerous suggested changes to the rules governing the ethics committee process. Among the changes would be transferring subpoena power automatically to another member of House leadership — the speaker pro tem — if the speaker or anyone on his staff are subject of an inquiry.The report also suggests strengthening the House policy protecting legislative employees from unlawful harassment and clarifying that the committee can investigate any alleged obstruction of one of its investigations.

Jason Hancock

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Missouri IndependentDavid Steelman speaks to reporters on Tuesday in Jefferson City. Steelman is an ex-member of the University of Missouri Board of Curators was hired by House Speaker Dean Plocher as his attorney.

Plocher has insisted he can’t say anything while the investigation is ongoing.“I can’t comment on anything on ethics,” he told reporters Thursday. “I just can’t comment.”But his attorneys have not been nearly as hesitant to weigh in on the speaker’s behalf.On Tuesday, one of those attorneys — former member of the University of Missouri Board of Curators David Steelman — said there was nothing at all wrong with the House ethics rules.The problem, Steelman contends, was that Kelly and the committee didn’t follow them.“The rules work fine if the committee chairman would have applied them,” Steelman told reporters. “It was not the procedure that didn’t work. It was the chairman who ignored the procedure. That didn’t work.”The committee should have dismissed the complaint at the start of its inquiry in November, Steelman said, and throughout the process the committee seemed to be ignoring its mission and digging for dirt.After rejecting the draft report last week, the ethics committee has held no other meetings. Steelman says the committee has no choice but to convene and finish its work.“Dean Plocher,” Steelman said, “has a right to a resolution.”As speaker, Plocher also has the power to approve — or refuse to approve — subpoenas issued by the committee. And three times, the speaker’s office informed the committee he would not be granting its request.Steelman said Tuesday that two of the requested subpoenas were for Plocher and his chief of staff, Rod Jetton. They both agreed to testify willingly, so no subpoenas were needed.As for other requests, after roughly a month of resistance, Plocher eventually recused himself, allowing Speaker Pro Tem Mike Henderson to sign off on some of the subpoenas.When, exactly, Plocher decided to recuse himself remains unclear.Asked why Plocher didn’t recuse himself from the start of the investigation, or at least when subpoena requests started showing up to his office, Steelman told reporters the speaker recused himself “when it mattered.”Steelman did not respond to an email seeking details on when, exactly, Plocher recused himself from the committee’s subpoena process.Plocher also has the power to take away Kelly’s position on the ethics committee. He declined to answer whether he was considering that when asked about it at a recent press conference.As for this week’s kerfuffle over committee hearings, Marc Powers, chief of staff for the House Democrats, said Sauls was approached by the speaker’s office about convening a hearing and informed them that only Kelly had the authority to do that.However, Powers said Sauls doesn’t object to having another hearing in order to close the investigation for good.Regardless of how the Plocher saga turns out, any rule changes will have to wait until next year.House rules are proposed at the beginning of a General Assembly, which convenes the January after Election Day, and voted on by the entire chamber. They govern the House for two legislative sessions.Quade, who is running for governor and in her final term in the House, said the allegations coming out of the ethics committee against Plocher “are deeply concerning.”“There are conversations around potential obstruction,” she said. “There are conversations around employee treatment. There’s a lot of concerning pieces in there.”She hopes those who return next year will make the issue a priority.“I do hope that the members who will remain after my time here will look at what is the most effective way to hold folks accountable,” she said, “when they are doing something that violates our code of ethics.”This story was originally published by The Missouri Independent, part of the States Newsroom.



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Missouri keeps child marriage legal as push to ban dies in House

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Child marriage will remain legal in Missouri for at least another year after Republican House leaders said they don’t have enough time to pass it.

Under current Missouri law, anyone under 16 is prohibited from getting married. But 16 and 17 year olds can get married with parental consent to anyone under 21.

Under legislation that cleared the Senate with virtually no opposition earlier this year, marriage would be banned for anyone under 18. “It was very surprising that the House has not allowed it to come to the body,” said Republican state Sen. Holly Thompson Rehder of Scott City, who sponsored the bill along with Sen. Lauren Arthur, a Democrat of Kansas City.

“Banning child marriage should not be controversial. When I filed this bill, I had no idea it would be controversial,” Rehder added.

The bill was stalled by a group of Republican critics in a House committee, who said it would constitute government overreach and infringe on parental rights. It finally passed out of committee this week after several of those critics were not present at the vote.

But House leadership told reporters Friday morning it was too late to place the bill on the House calendar for debate. Session ends at 6 p.m.

“There’s some interest there, unfortunately the rules preclude us from doing that today,” said House Majority Leader Jon Patterson, a Lee’s Summit Republican.

Arthur said the failure is “shameful.”

“When I talk to people back home, they’re surprised to learn that minors can get married in the first place,” Arthur said. “And these are the kinds of headlines that my friends who are apolitical or live in different parts of the country send me and say, ‘What is happening in Missouri?’

“It makes us look bad,” she said, “but more importantly, we’re not doing enough to protect young girls who are forced into marriages and their lives are worse in every way as a result.”

Twelve other states have in recent years banned child marriage.

Rehder said she was told only around 20 out of 163 House members were opposed. She also said the House could have voted to suspend its rules to allow the bill to be debated and passed before adjournment, but suggested that House Speaker Dean Plocher refused to let the bill move forward to avoid embarrassing Republicans who are opposed to banning child marriage.

“We have the votes,” Rehder said, but it didn’t come up “because the speaker didn’t want to put his members in a bad situation.”

“…Because you shouldn’t be against banning child marriage.”

Rehder said she’s hopeful the bill will succeed next year, in large part due to the “public pressure” of state and national media.

“You cannot sign a legal binding contract in Missouri until you’re 18. But we’re allowing a parent to sign a child into a lifetime commitment. It’s ridiculous.”

Rehder attributed some of the opposition to generational differences.

“People who have been against it — the men who have been against it — who talk to me about it have said, ‘Oh, my grandmother got married at 15.’ Well, yes I did too, mine was 40 years ago,” Rehder said.

“And it didn’t work out because I was operating on not an adult mindset.”

Fraidy Reiss, an activist who founded the nonprofit against forced marriage Unchained at Last was active in testifying in support of the bill in Missouri and has worked nationally to pass similar legislation. Upon hearing the news, Reiss said: “How can legislators live with themselves?”

She added that “dozens of teens will be subjected to a human rights abuse and legally trafficked under the guise of marriage in the coming year,” due to the failure to pass the legislation.
“…How will they explain that to their constituents?”

This story was originally published by the Missouri Independent, part of the States Newsroom.



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Missouri Legislature passes fix to property tax freeze law

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One year after they passed the original legislation, Missouri legislators have approved a fix to a law allowing property tax freezes for seniors.Members of the House voted 139-0 Friday to pass the bill. Since it has already gone through the Senate, it now goes to Gov. Mike Parson.The current law allows local governments to pass ordinances that would freeze property taxes for seniors. It also would allow voters to approve such an ordinance.St. Charles and St. Louis counties, as well as the City of St. Louis, have already passed their own ordinances on the issue.The way the law is structured now, only seniors who receive Social Security would be eligible for a property tax freeze. That requirement has left out seniors who are on pensions like police officers and firefighters.Sen. Tony Luetkemeyer, R-Parkville, sponsored both the original bill and the changes this session.“Rather than tying eligibility of the property tax freeze to Social Security eligibility, we instead tied it just to age,” Luetkemeyer said.Rep. Ben Keathley, R-Chesterfield, said the legislature did the first part of the job last year.“Now it’s time to make sure that this language clarifies and we can properly expand this to make sure all our seniors can benefit,” Keathley said.The freeze would still only be applicable in municipalities that have approved an ordinance.One provision that some Democrats wanted to add this session was a means test, under which seniors with higher incomes would not qualify for the freeze.That language was not added to the final bill.



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Missouri legislature passes anti-ranked choice voting resolution

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The Missouri legislature has passed a proposed constitutional amendment that, if approved by voters, would prohibit ranked choice voting in most of the state.Members of the House voted 97-43 Friday to pass the resolution. It has already cleared the Senate and does not need the approval of Gov. Mike Parson.The resolution states that under no circumstances “shall a voter be permitted to cast a ballot in a manner that results in the ranking of candidates for a particular office.”The resolution has a carve-out for St. Louis, which implemented an approval voting system in 2020 for its municipal elections.Through this system, voters can select as many candidates as they want in a primary. The top two candidates then go to a runoff election.The proposed constitutional amendment would not affect St. Louis’ system.Rep. Ben Baker, R-Neosho, sponsored the House version of the resolution. He said he was not in favor of the exception for St. Louis.“I’m not OK with it, but this is where we’re at with this language of what we can get done in the body. I think it’s still a big step in the right direction,” Baker said.In speaking against the resolution, Rep. Eric Woods, D-Kansas City, said it was unnecessary and not the way to reassure people about election results.“There are other ways, other systems, other ideas that we can adopt to keep our democracy or our republic, whichever word you want to prefer to use, vibrant,” Woods said.In addition to the ban on ranked choice voting, the resolution states that the candidate who receives the most votes in a political party primary will be the only candidate on the ballot for November for that party.The resolution states that all elections will be by paper ballot or by “any mechanical method prescribed by law.”Included within the proposed resolution is language stating that only U.S. citizens who are 18 or older, residents of Missouri and residents of the political subdivision they vote in are entitled to vote in elections. That language does not make any changes to existing law.Similar language has been a point of contention all session, where it has been in the same conversation as an amendment that sought to make it harder to amend the constitution.Democrats have stated all session this language was being added by Republicans to trick voters into approving it. Senate Democrats filibustered for about 50 hours, eventually killing those proposed constitutional changes.



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