Kinloch mayor accused of vote buying by opponent she beat

13 hours ago • By Steve Giegerich




Kinloch city attorney James Robinson blocked the door into the building on Thursday, April 23, 2015, at the Kinloch City Hall. Photo by J.B. Forbes, jforbes@post-dispatch.com


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KINLOCH • The former mayor of this embattled north St. Louis County community claims the opponent that bested him in April promised residents of a city-owned apartment complex they could avoid eviction proceedings by voting her into office.

Darren Small made the accusations against new Mayor Betty McCray in a St. Louis County Circuit Court petition seeking to overturn the results of the April 7 balloting and order a new election.

As part of larger allegations of widespread voter fraud, the petition charges that McCray, once in office, “would use her power as mayor to force the withdrawal of the eviction process” initiated by Kinloch to remove residents from city-owned properties.

Small additionally accuses McCray of promising “potential voters jobs, employment and rewards for their votes.”

The contentions are also embedded in the multiple articles of impeachment drafted late last month by three Kinloch aldermen intent on blocking McCray from taking office.

McCray denies all the allegations, said her attorney Chet Pleban.

On Thursday, Pleban sent a letter on McCray’s behalf requesting that Aldermen Helen Jones-Fryer, Darryl Dixson and Evelyn Carter allow Small’s legal challenge to run its course before pursuing further measures to keep the mayor out of City Hall.

Pleban characterized the request as an opportunity for Kinloch to “do the right thing” by permitting McCray to defend herself against what he labeled “bogus” charges.

The attorney said he will seek an injunction to open the City Hall door to McCray if the aldermen fail to heed a plea that the “articles of impeachment be immediately withdrawn against Mayor McCray and that she be given access to City Hall and all powers and duties of office.”

McCray tallied 63 votes to Small’s 18 in an election that saw 34 percent of Kinloch’s 239 registered voters cast votes in the mayoral contest.

The mayor-elect’s attempt to take office on April 23 was thwarted when City Attorney James C. Robinson, impeachment papers in hand, blocked her access to City Hall.
McCray and newly elected Alderman Eric Petty — also the target of impeachment proceedings — were sworn in April 21 by a St. Louis County circuit court clerk after aldermen declined to swear them in.

Pleban called Robinson’s attempt to serve McCray with impeachment papers premature.

“The law does not allow you to impeach someone before they take office,” the attorney said. “It really is that fundamental and basic.”

In addition to allegations that McCray pledged to halt evictions in exchange for votes, Small’s petition for a new election contends the mayoral candidate benefited from ballots cast by “many persons” who were “not legitimate residents of the precinct where they tendered their votes.”

A number of the unqualified voters, according to the petition, resided in residences that lack a city-issued occupancy permit.
St. Louis County Elections Director Eric Fey said his staff acted on the fraud allegations by conducting a canvass of Kinloch residential units in late April. Fey did not disclose what the survey revealed.

The elections board turned its findings over to St. Louis County Prosecutor Robert McCulloch. Spokesman Ed Magee said the prosecutor’s staff is reviewing the matter.

Pleban said in his letter to the Kinloch aldermen that the cash-strapped city can ill afford the legal costs of attempting to remove a “lawfully elected” official from office.

Ellisville, he pointed out, spent in excess of $100,000 in an unsuccessful 2013 attempt to remove its mayor, Adam Paul, from office. Pleban represented Paul.

“Unlawful efforts to keep this duly elected mayor from assuming her office may, unto itself, subject each of you to impeachment and removal proceedings,” Pleban warned the Kinloch aldermen.

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