Residents Question Mayor Steve Myers Accepting Paying Job with City Immediately on Leaving Office / City Attorney Has No Concerns

State Statute 105.454 Says an elected official shall not take a paying job with a city where he was an officer for one year after leaving office.

Pacific residents question how former mayor Steve Myers can take a paying job with the City of Pacific overseeing certain departments immediately after leaving office when state law says he has to wait a year. 

The City of Pacific announced Myers retirement as mayor and his accepting the position of Director of Economic Development for a salary of $70,000 on its webpage www.pacificmissouri.com.

In addition to being responsible for economic development, Myers’ duties would include overseeing planning and zoning, the parks department and the city building department.

Myers also announced his retirement and his accepting the new position on his Facebook page.

A number of residents have questioned how this could happen. 

Residents cite Missouri statute 105.454, which prohibits elected officials (in cities) from taking any job for pay – for one year after leaving office – if the new job means he would attempt to influence a decision of the elected body of the city where he was an officer..

Specifically the Statute says,  “No elected or appointed official or employee of the state or any political subdivision thereof (city), serving in an executive or administrative capacity, shall . . . Perform any service for consideration (pay), during one year after termination of his or her office or employment, by which performance he or she attempts to influence a decision of any agency of the state, or a decision of any political subdivision (city) in which he or she was an officer.”

Residents who question the job assignment say it appears to be a violation of 105.454, since the former mayor’s new duties of economic development director would almost certainly involve a need to influence the board of aldermen. 

They say, any recommendation for programs, or any costs incurred to implement programs, would need aldermanic approval, which would call for the economic development director to influence the board’s decision.

Moreover, as director of planning and zoning any recommendation to approve or deny an application to P&Z would in effect be an attempt to influence an appointed board.

The statute further prohibits any elected officials from performing any service for pay after leaving office in relation to any case, decision, proceeding to. . . which he or she was directly concerned or in which he or she personally participated during the period of his or her service.

In his Facebook announcement that he had resigned as mayor and accepted the job of economic development director, Myers noted that he participated in an array of issues involving the city parks and city buildings.

His list of accomplishments of his administration included Jensen Point Improvements, Red Cedar Park Pavement, and Red Cedar Park (Wintech) Building Acquisition;

Securing adoption of the plan and financing for the renovation and repurposing of The Red Cedar Inn;

Establishing the city’s first fully funded Parks Department;

Working with the Adam’s Garden committee to design and construct the Gazebo;

Acquiring additional 7-acre property adjacent to Liberty Field Park;

Adoption of Pacific’s new “Parks Master Plan;

For him to now be in a position of overseeing the parks department after helping to grow and develop it appears to fly in the face of statute 105.454.

Acting Mayor Herb Adams said City Attorney Bob Jones had said in an email message that he (the attorney) has no concerns about Myers taking the job without waiting a year. But Adams said he wanted to talk further with Jones after questions were raised.

“I want the citizens to know that as acting mayor I will follow the law,” Adams said. “I want an explanation of why what has happened is legal.”

But I have to tell you . . . there is more that needs to be said. It is is not enough for the city attorney to say he has no concerns about the mayor accepting the job without waiting a year.  He needs to say much more than that.

The actual hiring was done in a closed meeting, so we don’t know whether some aldermen asked how the city was exempt from a state law. They should have.

The city attorney needs to explain how and why it okay for the city to hire the mayor without waiting until he is out of office for a year.

The citizens of Pacific need to know that their city is not acting in violation of state law.

Aldermen need to be able to explain to their constituents why it was okay for them to hire the mayor without waiting a year.

Most important of all, Steve Myers needs to have this cleared up. If there is a legal explanation for why the mayor does not have to wait a year before accepting a paying job with the city, it needs to be made to the public before he starts his new job. 

This is a big, and as he said, exciting, move in Myers’ life. He needs and deserves public approval – if it is justified.

If this is legal, the city attorney needs to explain to the citizens of Pacific in clear language why and how it is legal.