A St. Louis County judge ruled Tuesday that St. Louis County Councilwoman Rita Days is the chairwoman of the council, rejecting a bid from allies of St. Louis County Executive Sam Page to remove her from the post.
St. Louis County Judge Thomas Albus ruled that a vote to make Councilwoman Lisa Clancy the chairwoman was invalid because the term of the member with the deciding vote 鈥� now former Councilwoman Rochelle Walton Gray 鈥� had expired.
. Gray, who was defeated last year by Shalonda Webb, attended the meeting and cast the deciding vote for Clancy to remain chairwoman over Days. After Webb was sworn in, she joined three other council members who ousted Clancy and elected Days chairwoman.
St. Louis County Counselor Beth Orwick, an appointee of Page, filed a lawsuit to oust Days as chairwoman and install Clancy in her place. But Albus rejected the contention that Gray鈥檚 term hadn鈥檛 expired after Dec. 31 鈥� which meant her vote on Jan. 5 was invalid.
鈥淏ecause one of the four votes for Councilperson Clancy was cast by Councilperson Rochelle Walton Gray, whose term expired on December 31, 2020 and whose holdover status under the Missouri Constitution ended before the January 5, 2020 vote, Councilwoman Clancy was not elected by the majority of the St. Louis County Council,鈥� Albus wrote.
Albus went on to write that 鈥渋n the present case,鈥� there 鈥渆xists no such danger of a lengthy, harmful period of vacancy.鈥�
鈥淚ndeed, to the extent that Councilperson Webb reflects the current will of her constituents, the public interest described in [a prior ruling] was not served by the hold over Councilperson Gray, whom Councilperson Webb defeated in the August primary election, and who voted contrary to the preference of her successor in the election for 2021 chair and vice chair,鈥� Albus wrote.
Days said in a telephone interview that she鈥檚 鈥渉oping that this is the end of that.鈥�
鈥淚鈥檓 hoping that we can get back to the business of handling issues and challenges that are facing the residents of St. Louis County,鈥� Days said. 鈥淚鈥檓 pleased with the ruling, of course, and looking to move forward.鈥�
In a statement, Clancy said, 鈥淚 consider this matter settled, and I am glad to have it behind us.鈥�
Soon after the lawsuit was filed, to defend Days, Councilman Mark Harder, R-Ballwin, and Councilman Tim Fitch, R-St. Louis County. In a statement signed by Days, Harder, Fitch and Webb, the majority coalition of the council said the Jan. 15 vote 鈥渞epresents the will of the majority of the duly elected council members for the 2021 calendar year and the constituents they represent.鈥�
鈥淭he undersigned are glad to have this dispute behind them and are ready to move forward with the important business before the Council,鈥� the four council members wrote.
Clancy said she also is ready to move forward.
鈥淭o me, this has definitely never been about disrespect for Councilwoman Webb or former Councilwoman Walton Gray,鈥� Clancy said. 鈥淚t was 鈥� and remains 鈥� about ensuring the independence of county government from ideology, and about following the rules. With this clarification from the court, we have what we need to put this issue behind us 鈥� and that is what I intend to do.鈥�
In many respects, the dispute between Days and Clancy had little to do with the balance of power of the council 鈥� since Days, Webb, Harder and Fitch possess the majority of the votes for at least through the beginning of 2023. But it was a and three council members who tend to be more favorable to the Democratic chief executive.
But the ruling will have practical implications. As chairwoman, Days will have the ability to organize committees. And she鈥檒l get to rule whenever there鈥檚 a dispute over procedure. It also calls into question the fate of legislation on which Gray voted during the Jan. 5 meeting.
Unless Clancy, Councilwoman Kelli Dunaway, D-Chesterfield, or Councilman Ernie Trakas, R-St. Louis County, joins with the majority coalition, it's one vote short of being able to override Page鈥檚 vetoes. And that鈥檚 mattered in recent weeks, that took aim at Gray鈥檚 salary and benefits from the position Page appointed her to in the St. Louis County Department of Health.
For her part, Days said she鈥檚 鈥渏ust glad that this is over.鈥�
鈥淭his has been a very nerve-wracking experience for me,鈥� she said. 鈥淎nd I just want it over.鈥�
Follow Jason on Twitter: @jrosenbaum
