Springfield City Code Says That Business License Is A Tax; Not First Time Fulnecky Refused To Pay Taxes

by Stephanie Ross

11-3-2015

Source: Facebook

City Code for the City of Springfield specifically uses language calling, what supporters City Council Woman Kristi Fulnecky are claiming is a fee, a tax.  Fulnecky and her supporters are claiming that the tax is a fee, and therefore she is qualified to sit on the Springfield City Council, even after not paying any fees for the last seven years.  Further, they have been claiming that this is just a part of a conspiracy against her in order to silence her because she dares to speak up for her constituents.  However, constituents of Fulnecky's have been complaining that their comments to her on social media opposing her stand both in support of the recently passed Indecent Exposure Law and her attacks on Springfield Mayor Bob Stephens have been censured by being deleted and they are being banned from those social media sites.

Fulnecky claims that Mayor Stephens is part of a broad left wing conspiracy in order to silence her.  Yesterday, several council members came out saying that the evidence was clear that she had refused to pay for the last seven years.  City staff members say that they first brought this to Fulnecky's attention back in August.  

City Council woman Jan Fisk said that Fulnecky refuses to disclose how much she actually makes at her consulting business, Fulnecky Enterprises.  Fisk referenced a form that must be filled out because, since the business license is a tax, it is based on how much money that the business makes.  Fulnecky, aware that fellow council members were ready to call for an investigation, at the October 26th Council meeting she handed City Manager Greg Burris an envelope containing $200 and still refused to disclose how much she made.  It is unsure, at this time, if Fulnecky had claimed any of the income to the IRS.

Section 70-44 of the Springfield Municipal City Code states: "No occupational license shall be issued until all personal taxes, LICENSE TAXES and other special charges, such as the sewer service charge, shall have been paid."  Section 70-543 of the same code lists business license as a special tax. 

Sec. 70-543. - Collection of special taxes. 

(a)

Special business license tax. The city shall collect the special license tax levied by this article from those individuals and businesses doing business within the special business district at the same time and in the same manner it collects the general business license taxes for such businesses and individuals. If a business is commenced during the business license tax year within the special business district, the special license tax shall be apportioned in that year in the same manner as the general business license taxes are apportioned under such circumstances. The special license tax shall be due and payable at the same time as the general business license tax for the individual or business is due. The same penalties shall be attached for failure to pay the special license tax as for failure to pay the general business license tax. 

On the application that a potential candidate must file in order to run for public office in Missouri, the form requires a signature stating that the person is not in delinquency of any taxes, of which is included municipal taxes.  The potential candidate signs under penalty of perjury.

Declaration under 115.306, RSMo: I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on my declaration of candidacy, or that I am not a past or present corporate officer of any fee office that owes any taxes to the state, other than those taxes which may be in dispute. I declare under penalties of perjury that I am not aware of any information that would prohibit me from fulfilling any bonding requirements for the office for which I am filing.

The city sends a letter to each and every candidate for city office that thanks them for seeking the office.  In the letter, it specifically states, "However, it should be noted that the responsibility for compliance with the law rests upon the candidate."

This is not the first time Fulnecky has refused to pay her taxes.  In 2011, she was sited for not paying employment taxes.  This resulted in a fine of $543.06 against Fulnecky.

Fulnecky also caused a storm briefly by demanding that something be done about the mentally ill in Springfield.  The comment was made on her "Fulnecky for Springfield" Facebook page, and after a firestorm of criticism about her contempt for the mentally ill, she was forced to remove the post.