Miner board's attempt to oust mayor may be for naught

MINER, Mo. -- It appears members of the Miner Board of Aldermen who want to get rid of Mayor Darren Chapman in a Tuesday meeting will have to talk him into resigning, because impeachment is not an option.

"The mayor would have had to have done something that would hinder his ability to adequately perform his duties ..." said city attorney Tabitha Thurman. "If the board fails to show good cause for the removal of a mayor, then they are subjecting themselves to an appeal and a lawsuit."

First, the governing body needs to adopt Articles of Impeachment, which outline the accusations against the official. Then an impeachment hearing should be scheduled.

The impeachment hearing is conducted much like a trial, Thurman said. After witnesses provide testimony and evidence is presented, the board considers the evidence and makes a decision.

For a municipality, the impeachment vote requires a two-thirds majority. In Miner's case, this would be at least three of the four board votes to remove Chapman from office, if all the other requirements are met.

To protect due process, adequate notice of the allegations must be provided to the accused so he can prepare for the hearing.

Tuesday will be the fourth time since May the board has sought to remove the mayor from office.

"The first time they had a copy of testimony his ex-wife gave in a custody hearing," said board member Catherine Walters. "She alleged he was using drugs."

Chapman was divorced in 2010 and remarried in 2013, but in April had a child custody hearing with his ex-wife because of her attempt to move out of state with the children.

Thurman advised the three board members demanding the mayor's resignation -- Deloris Smith, Janet Williams and Betty Barnes -- that because the mayor's is an elected position, discussion could not be conducted in a closed session as a personnel issue.

Walter said she objected to the discussion because she recognized it would violate Missouri's Sunshine Law.

After that meeting, she recalled, "the city attorney sent us all copies of the statutes advising what procedures you have to follow" for impeachment.

Because Walters was the only board member to show up to the board's regular meeting May 19, no business was conducted because of the lack of a quorum.

On May 26 at the rescheduled board meeting, Chapman said he would not resign.

Barnes said she and other board members intended to impeach the mayor using a special counsel hired by the city. Thurman advised it was not an approved or appropriate expenditure, and the board would need to rely on the city attorney for an impeachment.

A special meeting board members requested for Aug. 13 consisted mainly of a demand the mayor resign. Chapman again refused.

As for Tuesday, as Chapman said he had received no notification by Friday.

Pertinent address:

Miner, Mo.