Councilwoman Fulnecky Not Eligible To Be On Council: "Fellow Councilmembers Are Coming After Me"

by Stephanie Ross

10-30-2015

Coucilwoman Fulnecky apparently did not know that Jesus said, "Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's."  Source: City of Springfield

Springfield Mayor Bob Stephens, under attack by the Conservative wing on the City Council, dropped a bombshell today at a press conference.  Mayor Stphens pointed out that Councilwoman Kristi Fulnecky has been running a business without license or paying taxes in the last three years, which could mean that she was never qualified to take office for Springfield's General Seat C.

Mayor Stephens, along with fellow councilmembers  Ken McClure, Craig Fishel, Phyllis Ferguson, Mike Schilling, and Jan Fisk are asking for an independent review by Judge John C. Holstein, the former judge of the Supreme Court of Missouri.  Springfield City Code says person can't hold office if they're behind on taxes, and now Judge Holstein will be charged with determining if Fulnecky has broken the law and whether or not she can keep her seat on the City Council.

When reached for comment, Fulnecky said that she knew that members of the City Council and their staff were out to get her because of her Biblical stance, and she denied any wrong doing.  Fulnecky and fellow Councilman Justin Burnett were the only two not to sign the letter.  

Fulnecky is accused of not paying any business licence tax to the City of Springfield, and even back in 2011 the State had to file a judgment against her to get her to pay employment taxes.  The City Business Licensing Department had been requesting information on Fulnecky's business, and had notified her this month as to the inquest.  On October 23rd, she gave the department an incomplete license application and check.

Fulnecky currently serves on the Finance and Administration Committee and the Plans and Policies Committee.  And any laws enacted or voted down based on her vote would still stand even if she is disqualified.

A partial transcript of the News Conference follows: 

As Mayor this morning I received a letter signed by five members of City Council requesting the appointment of an independent hearing examiner to ascertain if a member of City Council of Springfield has violated provisions of city laws...Under Springfield city code, only 3 signatures are required under section 2.6.0. However, five council members signed the letter. Thus, demonstrating the level of concern on City Council about this situation.  

This portion of the city code states that "This Section proposes to relieve council members of the impossible task of judging themselves. Instead, this Section places judgment in the hands of an impartial hearing examiner." Therefore, I have asked John Holstein to serve as this independent hearing examiner. He has agreed to do so...One question that is to be considered by the hearing examiner is whether Mrs. Fulnecky was actually eligible to sit on City Council at the time she took her oath of office in April.
Section 19.15 of the Charter of the City of Springfield states "No person should be entitled to hold any office or employment who is in arrears for any city taxes." Mrs. Fulnecky has been running a business in the city without applying-for or paying the fee for a business license. Only after repeated contact from our licencing department and a conversation I personally had with her following the October 12 City Council meeting, did she acknowledge her company had been in business for 7 years and that she paid the appropriate fees for the past 3 years.  

However, the oath of office requires us to affirm that we meet all of the qualifications with the language "not subject to any of the disqualifications set forth in the Charter." Under Section 19.15 of the Charter, Mrs. Fulnecky was subject to a disqualification and therefore should not have been seated as a Council Member. She was subject to a disqualification, did not acknowledge it, and allowed herself to be sworn in. The independent hearing examiner will determine whether she should continue as general Council Member.