Councilwoman Fulnecky May Be Exonerated If Business License Is Considered a Fee

by Stephanie Ross

10-30-2015

Mayor Stephens (Source: LP.org)

Springfield Mayor Bob Stephens may have overstepped his boundaries and given more ammunition to those backing Councilwoman Kristi Fulnecky.  In a press conference today, Mayor Stephens claimed that Fulnecky, a freshman member of the City Council, may not have been qualified to be a councilwoman because she had not paid her business license to the city for the past three years.  Mayor Stephens called it a tax.

The specific city ordinance that Stephens was quoting is City Code Section 19.15 which says, "Officers; employees; qualification.  No person shall be entitled to hold any office or employment who is in arrears for any city taxes."  The question raised by some is what is the definition of taxes.  Fulnecky, a lawyer in Springfield, has denied any wrong doing in the matter.

David Cort, who works at Missouri Grassroots Coalition, claims that the Business license is not a tax but a fee.  "The problem is that there's no city ordinance, code, or otherwise that says you are ineligible to serve if you have fees in arrears," Cort says. "It says city TAXES. The business license fee is not a tax.

"WE, the people never voted on instituting or increasing the business license fee. Therefore, under the Missouri Constitution (Hancock), it's not a tax. WE must vote on all taxes. If the fee IS a tax, it's unconstitutional and illegal and the city owes a whole lot of people a whole lot of money."

Tom Martz, a local business man, member of the Locke and Smith Legislative Review, and a member of a local radio show on KSGF on Friday Mornings at 7 am called Nick Reed Show with the Locke and Smith Foundation added, "Taxes can be raised without the people voting on them it has to do with a percentage if I'm not mistaken".  

The question of the definition of what is a tax will be at the crux of the decision made by Judge John C. Holstein when he makes his decision as to whether Fulnecky is qualified or disqualified to be a member of the Springfield City Council.  And it is almost certain that no matter what his decision, the case will end up in the court system.  Martz added, "Based on this reading I would say Kristi has a pretty good case to proclaim the Mayor slandered her. May not fly in court but at times the charge should be leveled."