POPLAR BLUFF, Mo. -- Poplar Bluff Councilman Jack Rushin said Monday evening he feels he did not act inappropriately by voting to name a relative to a city committee, but he has no immediate plans to resign.
The matter could go before the county prosecuting attorney or the Missouri attorney general's office.
Rushin was asked Monday morning to step down from the council after voting in February to appoint his first cousin, Greg West, to the city hall feasibility study committee.
Attorney John Scott said in letters issued to the city that state law forbids a city representative from appointing a relative within the fourth degree to any city position, either paid or voluntary.
The city hall committee is a temporary advisory group, Rushin said after Monday's regular city council meeting.
Rushin said legal counsel has told him there is no precedent for this exact situation.
"We'll have to let a judicial authority decide," Rushin said.
Scott said Tuesday he disagrees with Rushin's assessment.
"Ultimately, a court will make that determination if he chooses not to resign," Scott said.
The next step would be for the county prosecuting attorney, a special attorney appointed by the county prosecutor or the state attorney general's office to file a motion for Rushin to be removed from office, Scott said.
"We gave Dr. Rushin the opportunity to do the right thing, and he has chosen not to," Scott added.
Messages left Tuesday for Butler County Prosecuting Attorney Kevin Barbour were not returned.
The matter was not discussed in public during the city council meeting.
A special closed session was added at the beginning of the meeting to discuss litigation and personnel matters. Rushin declined to say whether the matter was discussed during the session.
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