JEFFERSON CITY, Mo. – At a time when ethics has once again become a hot topic in the Missouri State Capitol, the one commission tasked with ruling on ethics violations and rules in the Show-Me State may soon be unable to do so.
That’s because the Missouri Ethics Commission has three members with terms set to expire.
Bill Deeken, a Republican from Jefferson City, and Democrats Eric Dirks of Kansas City and Nancy Hagan of Springfield all have an expiration of the terms scheduled on March 15, 2018.
“Their four-year terms are expiring on March 15th,” MEC Director James Klahr said. “Under our statute, which is somewhat unique, a number of folks on boards and commissions can actually serve beyond their term. That’s not true for our commission. When the legislature created the Missouri Ethics Commission, they specifically had a provision that said commissioners cannot serve on expired terms.”
What that means for the MEC is that the three expirations could leave the commission without a quorum, and unable to issue any decisions.
Klahr says they have been in touch with the boards and commissions office, as well as the Governor’s Office, saying that they’re aware of both the timing and the process.
“There’s also a fairly-well laid out process in Statute 105.955 that spells out the procedure for appointments,” Klahr said. “There’s an awareness there, and we’re hoping to get at least one appointment made and confirmed by the Senate by the 15th or as soon as possible after the 15th.
“Our statutes require there to be at least four commissioners to conduct the business of the commission, in terms of taking complaints and taking other matters, advisory opinions… there are some things that we have to have four commissioners to be able to do.”
If there is not four, then the MEC is left in a position where their hands are tied in the matter, so to speak, but Klahr says that it is not the first time they have run into this type of scenario.
He says it has actually happened at least once since he has been director, and in that instance, he said, the commission essentially took no action on the matter brought before them but notified the person who had filed the complaint so as to allow them to refile the complaint so that it could be taken up again at a later time.
“If there’s no quorum, then no actions can be taken, and certain complaints would have to be, if anything, potentially refiled,” he said.
So, the scenario, as it stands right now, needs appointments from the Governor, as well as the advice and consent of the Senate, potentially leaving the MEC in the same position as the State Board of Education if nothing is done.
But, also worth noting here is that the commission requires an equal number of Republicans and Democrats, meaning that the Governor would be required to put forward one Republican and two Democrats to fill the seats that would be vacant. Furthermore, each member must be selected from a different congressional district.
Benjamin Peters was a reporter for The Missouri Times and Missouri Times Magazine and also produced the #MoLeg Podcast. He joined The Missouri Times in 2016 after working as a sports editor and TV news producer in mid-Missouri. Benjamin is a graduate of Missouri State University in Springfield.
