Van Buren city clerk, assistant quit amid new mayor's legal fight

VAN BUREN, Mo. — Two Van Buren city employees have quit as the newly sworn-in mayor continues to fight legal proceedings to have him removed from office.

The city clerk and assistant clerk quit Wednesday, Mayor Mike Hoerner said. A judge also issued an order Wednesday that a pre-trial conference be held May 23 about Hoerner’s legal problems.

He is accused of lying on forms he signed to run for office. The state said failure to file and pay state income taxes from 2010 to 2014 makes Hoerner ineligible to serve, and it has asked for a special election to replace the mayor.

When asked why the employees quit, Hoerner said, “I don’t have a clue. They just walked out at 4 p.m. (Wednesday).”

This will not cause problems in the operation of the city, he said.

“It’s not going to change it one bit,” Hoerner said.

Council members are taking turns keeping the office open until Monday, the next council meeting. A decision will be made at that time about the positions, he said.

Attempts to contact clerk Gerri Flatt and assistant clerk Jackie Johnson were not successful.

Hoerner appeared in court April 19 before Judge David Paul Evans, who found insufficient evidence to rule at that time. The state was given 10 additional days to provide documentation Hoerner had failed to comply with state statutes.

Hoerner said at the time he had no outstanding tax bills, and attempts to stop him from holding office did not begin until after he won the April 5 election.

Hoerner signed a statement Dec. 15, when he filed for office, that stated under penalty of perjury, “I am not currently aware of any delinquency in the filing or payment of any state income taxes ... .”

Hoerner mailed his 2010-2014 state income tax return paperwork in March 4, according to court documents filed by defense attorney Richard Bascom.

This included several documents filed at Carter County Courthouse by attorneys since Hoerner’s hearing.

More than $2,500 in outstanding state taxes and accumulated interest had not been paid as of April 28, an affidavit signed by a member of the Department of Revenue’s criminal tax investigation bureau states.

His lawyer submitted as proof of payments receipts for the purchase of two money orders in the amount of $856.56 each dated April 12.

Hoerner has been sworn into office, and Bascom has asked the case be dismissed.

“The mayor has tried to do what he was required to do, but the lack of notice (by the DOR) has made it impossible for him to imagine what that was,” Bascom wrote in court documents. “Actually, the said DOR process is supposed to be completed before the ballots are printed and the election is had. In this case, the election that elected the mayor was had on April 5, 2015.”

Because Hoerner has been sworn in, he is no longer a candidate, and the statute only applies to disqualification of candidates, he said.

Bascom also says letters sent by the DOR in February and March were ambiguous in the time frame and requirements Hoerner had to meet to maintain his eligibility.

“(State statute) requires the mayor to pay his taxes to be qualified to run for the office of mayor, but it also creates responsibilities that the DOR must adhere to so the mayor can remedy any tax payment deficiency that they may discover,” he said.

Hoerner never received a letter that listed an amount to pay and a demand to pay it by a specific date, as required by the state, Bascom said.

He contends the case was brought by a person who has no standing before the court to contest Hoerner’s candidacy. Carter County Prosecuting Attorney Ernie Richardson filed the case after an anonymous complaint to the DOR. Richardson is representing the state in this case.

State law states only another candidate in the election has standing, according to Bascom, and the time frame that would allow that candidate to file a challenge has passed.

Hoerner has said this conflict is the result of hard feelings within the community about the results of the election. The attempt to keep him out office did not start until after he won April 5, he said.

Court documents filed by his attorney stated he received a letter Feb. 15 that warned he could be disqualified if he did not file his 2010-2014 taxes by March 5.

Pertinent address:

Van Buren, Mo.