Lawyer helps county in tax money dispute

A Forsyth, Mo., lawyer hired by Cape Girardeau County gave commissioners some legal ammunition Thursday, saying the road and bridge tax debate isn't as clear cut as others have made it out to be.

The dispute, which elected officials across Missouri are watching with interest, is whether Cape Girardeau County has to pay 25 percent of the tax it collects in Jackson back to that city. That would mean an annual payment of about $80,000 to be used for roads and bridges, plus possible back payments -- possibly hundreds of thousands of dollars.

Before lawyer Bill McCullah was hired by the county to give his opinion, commissioners seemed to stand alone saying that they don't owe Jackson. Jackson and Cole County -- which was in a similar situation with Jefferson City -- sought the opinion of the state's attorney general. He sided with Jackson.

However, Morley Swingle, Cape Girardeau County prosecuting attorney, has said he believes Jackson is owed nothing.

Meanwhile, of the 14 first-class Missouri counties without a charter form of government, which includes Cape Girardeau, 12 of them are paying at least some money back to cities.

Only Cape Girardeau and Callaway counties are paying nothing back to cities.

But while other counties and lawyers may not see it the same way as Cape Girardeau County officials, McCullah said the local commission has a point.

"I've read what the attorney general said. I read what Morley Swingle said. Both points of view are excellent and well-reasoned. This is the most convoluted area of law I've ever seen," he said. "It may take the Supreme Court to decide."

McCullah, who has worked with the county before to produce an outside opinion, said there are several statutes that apply to this situation, and some have not been mentioned by lawyers so far.

"I went through six pages of statutes and kept waffling around," McCullah said.

Two of the three county commissioners, Larry Bock and Joe Gambill, refused to give any details on the report Thursday or give a copy to the Southeast Missourian, saying they were advised by McCullah to not share or discuss the opinion with the media.

Gambill said he did not have time to review the report. "If it goes to a lawsuit, why would we want to reveal what it says?" he said.

Bock said he only glanced over it. Presiding Commissioner Gerald Jones was traveling to Colorado for a vacation and couldn't be reached for comment.

Bock and Gambill cited a provision in the Missouri Sunshine Law that allows, but does not require, public entities to close records if they are "confidential or privileged communications between a public governmental body or its representatives and its attorneys."

McCullah said he has sent a bill to the county for $1,000 for his research on the road and bridge tax issue.

Jackson aldermen, who also haven't received a copy of McCullah's opinion, are beginning to express frustration.

"I don't know what they're waiting on," said alderman Kerry Hoffman on Thursday. "It's a shame to have to spend county and city tax dollars on litigation when we've already gone to the attorney general."

Alderman Larry Cunningham said the city doesn't "need to dally around much longer." The debate began in January, and two months have passed with no communication between the two governmental bodies.

Neither commissioners Bock nor Gambill said they knew what the next step might be. Jones will be gone all next week, and they said they'll have to discuss the issue with him.

Commissioner Larry Bock said a court will have to decide what is law. And so far, only opinions have been offered.

bmiller@semissourian.com

243-6635