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NewsDecember 5, 1997

NEW MADRID -- For the second time in as many months, a Southeast Missouri sheriff has left office because of nepotism allegations. Standing on the steps of the county jail at noon Thursday with his wife, Naomi, by his side, Terry Stevens resigned as New Madrid County Sheriff effective immediately...

NEW MADRID -- For the second time in as many months, a Southeast Missouri sheriff has left office because of nepotism allegations.

Standing on the steps of the county jail at noon Thursday with his wife, Naomi, by his side, Terry Stevens resigned as New Madrid County Sheriff effective immediately.

The resignation followed a letter given Stevens Tuesday afternoon by Prosecuting Attorney H. Riley Bock. In the letter Bock informed Stevens of the constitutional prohibition against nepotism and of evidence that Stevens had violated the prohibition.

In a prepared statement, Bock said that at issue was Stevens' temporary hiring of his sister-in-law Angela Renee Martin on Sept. 24 as a prisoner-transportation guard, a position to which Martin had been previously appointed before Stevens became sheriff.

"Such guards are routinely authorized by the circuit court and appointed by the sheriff when prisoners are transported," Bock said.

Article VII of the Missouri Constitution prohibits any public official from hiring or appointing a person who is either a blood relative or a relative by marriage. Stevens' actions in appointing Martin was a violation of the constitution, Bock said.

Stevens acknowledged that he had hired his sister-in-law, but said he was unaware that what he did was wrong. He said he accepted full responsibility and apologized to the people of New Madrid County.

Bock said he wrote to and spoke with Stevens on Tuesday afternoon after he investigated allegations about possible nepotism. In their discussion, Bock informed Stevens of the violation and of the options Stevens had. Among those options were for Stevens to resign or for Bock to proceed with legal actions to have Stevens removed from office.

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In November, Butler County Sheriff Sam Gilmore was ousted by court order for nepotism when it was discovered that he had appointed his son-in-law a reserve officer in the sheriff's department.

Bock also advised Stevens to talk with a lawyer to get a second legal opinion, which Stevens did.

Bock said he assumes initial reports of possible nepotism came out of sheriff's office. Bock said that when the reports reached his office he had no choice but to investigate them.

A payroll check issued by the county to Martin in the amount of $121.80 was uncovered, as were marriage certificates which established the relationship between Stevens and Martin. Bock said that when he took the evidence to Stevens, Stevens readily admitted it.

Said Bock: "His action was inadvertent and an honest mistake. Unfortunately, the Missouri constitutional provision requiring forfeiture of office does not distinguish between intended and unintended conduct. This seems like a severe penalty for such a minor oversight; however, the constitution is clear."

On Wednesday, at a hastily called meeting, Bock advised the New Madrid County Commission and other elected officials of what was happening and what options had been presented to the sheriff. He also told them what the law required in the event Stevens resigned.

State statute says that if a sheriff resigns, the coroner becomes acting sheriff until the county commission appoints an interim sheriff. The interim serves until a special election for sheriff is held. That election must be held within eight weeks.

Although no special meeting of the county commission is planned, Jay Blankenship, presiding commissioner, said Thursday that an interim sheriff may be appointed at next week's commission meeting. Until then, Coroner Tim Clayton has assumed the duties of acting sheriff.

The Portageville Missourian News contributed to this report.

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