New Jefferson City Mayor Carrie Tergin, along with two newly installed members of the Jefferson City Board of Education, may have violated state law by being sworn into office before filing a required document with the Missouri State Ethics Commission.
Tergin was sworn into office April 20, after winning a six-way race for the mayoral seat April 7. Pam Murray and Michael Couty also were sworn in as new members of the Jefferson City Board of Education on April 13. But none of the three had yet to file what's known as the 30-day after campaign finance report, which is due by 5 p.m. today. However, according to Missouri Revised Statutes 130.071.1, a successful candidate for office must file that report before being sworn into the office.
"If a successful candidate ... fails to file the reports which are required by this chapter, the candidate shall not take office until such reports are filed and all fees assessed by the commission are paid," the statute reads.
Tergin, reached by phone Wednesday morning, said she was unaware of the requirement to file prior to taking office, noting she and her campaign committee treasurer, Adam Snodgrass, had been putting all the required documents together to file before today's 5 p.m. deadline.
Murray has filed reports with the Callaway County clerk, but they are dated April 30, roughly two weeks after being sworn in. Murray said she had seen a provision where candidates needed to file before being sworn in, but based on the wording in the pamphlet she had from the Ethics Commission, Murray said she understood it to only apply if a candidate had debt of more than $1,000.
Couty has not filed with the Cole County clerk as of Wednesday afternoon.
James Klahr, executive director of the Missouri State Ethics Commission, said the commission does not issue any penalties or fines unless reports are filed after the official deadline, which in this case is today. As far as investigating any situations where a candidate violates the statute, Klahr said that is a complaint-driven process.
When asked what happens moving forward with candidates who violated the statute, he referred the issue to the local city attorney.
City Attorney Drew Hilpert said the city typically has not advised any elected officials or candidates of filing deadlines in the past, though it may be something to consider moving forward. He said the city also never had a procedure to check that all campaign finance forms had been submitted correctly, noting the Ethics Commission really doesn't either until an official deadline, like the one today, has been missed.
"It does seem like something that we could maybe do," Hilpert said of notifying successful candidates of filing deadlines in the future.
Klahr said the commission does send notices to candidates about upcoming filing deadlines, but that's only with those who choose to file directly with the commission. Local candidates can choose to file with the Ethics Commission or with the local county clerk. The majority of mayoral and school board candidates who filed reports in the last election cycle filed with the Cole or Callaway County Clerk.
"We try to flag that for folks so that they know of that requirement," Klahr said.
Tergin was one of only two candidates who filed directly with the commission, so she did receive reminders and notices. However, the notice sent to Tergin that included a note at the bottom stating successful candidates must file prior to being sworn in was not sent to her until April 23, three days after she took office.
Klahr said for the commission, they only take note of the issue if someone files a complaint. But it's unclear from the statute itself, he said, what the enforcement is to ensure candidates comply.
"It's in the statute, I'm assuming it's there for a reason," Klahr said. "We want people that are taking office to be up to date on all their reporting. ... It's one more incentive to make sure you get your reporting done."
Earlier version:
New Jefferson City Mayor Carrie Tergin, along with two newly installed members of the Jefferson City Board of Education, may have violated state law by being sworn into office before filing a required document with the Missouri State Ethics Commission.
Tergin was sworn into office April 20, after winning a six-way race for the mayoral seat April 7. Pam Murray and Michael Couty also were sworn in as new members of the Jefferson City Board of Education on April 13. But none of the three new elected officials had yet to file what's known as the 30-day after report, which is due by 5 p.m. Thursday. However, according to Missouri Revised Statutes 130.071.1, a successful candidate for office must file that report before being sworn into the office.
"If a successful candidate ... fails to file the reports which are required by this chapter, the candidate shall not take office until such reports are filed and all fees assessed by the commission are paid," the statute reads.
Tergin, reached by phone Wednesday morning, said she was unaware of the requirement to file prior to taking office, noting that she, and her campaign committee treasurer Adam Snodgrass, had been putting all the required documents together to file before the 5 p.m. Thursday deadline.
Murray has filed reports with the Callaway County clerk, but they are dated April 30, roughly two weeks after being sworn in. Couty has yet to file with the Cole County clerk.