THE PUBLIC MIND: CITY COUNCILMAN SAYS FLAWS IN ZONE PROPOSAL WILL BRING LAWSUITS AND COST TAXPAYERS

On Nov. 3, voters of the City of Cape Girardeau will be asked to vote on a proposal changing the manner in which city council persons are elected; that is from an at large system to a ward system.

A previous article has addressed the policy reasons why such a change is not needed. This article will address the deficiencies that exist in the current proposal voters will be asked to approve.

The proposition that is being submitted to the voters of Cape Girardeau is a proposition initiated and proposed by certain residents of the city. The proposition was not prepared by the City Council or the city staff. Once sufficient signatures were obtained on the initiative petition, the City Council was required to adopt an ordinance placing the measure on the ballot for Nov. 3. The City Council, by adopting an ordinance placing the measure on the ballot, is not asking the voters to approve the ward system. The City Council has in fact gone on record opposing the ward system and is supporting the at large system of electing council persons.

The proposition to change to a ward system requires an amendment to the City Charter. The City Charter is the constitution for the city of Cape Girardeau, similar to the state of Missouri's Constitution and the Constitution of the United States. In order to change our Charter, the people must vote for the changes. Presently our City Charter provides for at large selection of council persons. The issue on the ballot of Nov. 3 wants to change Article III of the Charter to elect our council persons through wards (the proposal uses the word "zones"). The proposed changes present several legal problems.

The first major problem with the proposal is whether the wards are equally apportioned. From looking at the voting records it is apparent that there is vast differences in the number of eligible voters from one ward to the next. This wide discrepancy violates the United States Constitution and the "One-Man One-Vote" rule of law. Some wards will have less representation that others.

A recent comment by Thomas M. Meyer would lead the citizens to believe that this problem can easily be corrected by Rodney Miller, the County Clerk. In truth in fact, only the voters can correct this problem because the wards (zones) that are to be adopted are going directly into the City Charter and any change to the City Charter must be voted on by the citizens of Cape Girardeau. This vote will cost the taxpayers money that is not necessary if the proposal is defeated on Nov. 3. Further, a citizen of Cape Girardeau can challenge the wards as drawn in a lawsuit in court and additional costs to the taxpayers for defending the lawsuit will be spent. Each census (next census year 2000) will require a redrawing of the ward lines and the voters will be required to vote on the new wards as drawn in order to approve them. More cost to the taxpayers. What happens if the voters don't approve the changes? Another lawsuit, more expenditure of taxpayer money.

The next problem that exists is that presently anyone running for the City Council needs a nominating petition signed by 50 registered voters of the city of Cape. The new proposition does not change this requirement. Isn't it interesting that if this proposition passes one must live in a certain ward to run for council, but he can get his nominating petition signed by anyone in the city! I thought the ward idea was to have City Council persons elected who are familiar with the interests of the ward they represent. Should not the nominating petition come from the ward in which the candidate for council lives? In order to change this nominating procedure, it will require a vote of the people due to the fact that the nominating procedure is part of our Charter. More expense for an election.

The proponents of the ward measure have failed to develop a procedure to elect candidates from a specific ward. Article VII of our City Charter spells out the procedure to elect our present at large council. Unfortunately, the new proposal does not spell out how persons will be elected if a ward system is adopted. In order to correct this error, another election or lawsuit and more taxpayer money will be expended.

There are other potential problems that exist with the proposed ward initiative. In all likelihood these problems will require a lawsuit in order to test whether the problems are real or not. More time and money spent.

If the people wanting to change the form of electing council persons were really interested in the best interest of the city of Cape Girardeau, the proponents requesting this change should have submitted the general proposition of whether to have ward representation or not to the voters, and in the event that the voters said they wanted ward representation, set up a commission to develop the charter amendments in a comprehensive fashion in order to eliminate the need for multiple elections and law suits.

I do not support the ward system of electing council persons. However, in the event any of the voters of Cape Girardeau are leaning toward voting for the change, I feel it important to inform them of the potential pitfalls the initiative proposition presents in addition to the general policy considerations against adopting a ward system for the city of Cape Girardeau.

Albert M. Spradling III

City Councilman

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