After taking evidence in the case for a second time, Cole County Circuit Judge Pat Joyce correctly sent the case back to MoSMART for its review, a three-judge appeals panel ruled Tuesday.
At issue is the Legislature's 2008 creation of the Deputy Sheriff Salary Supplementation Fund, which is administered by the Missouri Sheriffs Methamphetamine Relief Taskforce, or "MoSMART."
The fund is built up using money collected by sheriffs from a $10 charge for their service of summons, writs, subpoenas, or other court orders, and grants issued from the fund are to be used solely to supplement the salaries and benefits of "county deputy sheriffs."
St. Louis County's police superintendent applied for a grant from the fund in 2013, but MoSMART rejected the application, saying "the application was not submitted by the Sheriff of St. Louis County, as required."
The county, police superintendent, sheriff and others challenged the agency's decision in a Cole County lawsuit, but Joyce determined none of the lawsuit's plaintiffs had the standing to file the case.
However, in 2014 the state Supreme Court disagreed, ruling the superintendent has legal interest in "obtaining judicial review of whether he is a county sheriff who is eligible to file a grant application," and sent the case back to Joyce for her further consideration.
She then determined MoSMART's previous decision disqualifying the St. Louis County police superintendent "was unlawful and unreasonable," the county's police department is a "county sheriff's office" under state law and its officers are "deputy sheriffs" as defined by the law.
Unless either side appeals to the state Supreme Court, MoSMART will have to review its previous rejection of St. Louis County's grant applications.