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HERMANN - Residents unhappy with a Missouri Court of Appeals ruling in favor of two Gasconade County commissioners say they'll keep fighting to recover illegal pay.
The ruling did not dispute the facts of the case, that the state auditor found that commissioners Max Aubuchon and Jerry Lairmore accepted illegal extra pay in 1999 and 2000. Instead, the court ruled the commissioners do not have to pay the money back to the county because of Missouri's statute of limitations.
Citing previous precedent in Missouri, Judge Mary K. Hoff wrote, "A civil action can be commenced only within the five-year period after the cause of action accrued."
In this case, the "cause of action accrued" was on January 1, 1999 and January 1, 2000, when Lairmore and Aubuchon each accepted raises that would yield $20,000 in extra pay for each man.
A trial court decision last year in Franklin County court required the commissioners to pay back the entire sum of money plus interest owed.
Since several concerned citizens of Gasconade County filed the suit in 2007, Hoff's decision explained the 5-year statute trumps allegations of fraud.
Glenn Warnebold, a friend of commissioners Lairmore and Aubuchon, said he's pleased the decision could put to rest the long-running controversy.
"I'm very, very happy that it is over. It needs to stay over. We need to get past this - we have a nice little county out here, we have a lot of things we need to do," said Warnebold.
However, Mike Jacquin, a resident of Gasconade County, said the appellate court's decision flies in the face of what he believes is clear evidence pointing to illegal activity.
Such evidence includes Missouri state auditor's reports from 2002 and 2006 stating the extra pay was illegal.
"To have somebody take $20,000 dollars plus, and their only defense is 'You didn't catch us in time' makes it all go away? They were told numerous times that the state auditor said it was illegal," said Jacquin.
"We'll exhaust all avenues of appeal," said attorney David L. Baylard, who represents the Gasconade County citizens.
An appeal that could reach as high as the Missouri Supreme Court, if need be - according to Baylard.
For more documents from KOMU 8's Target 8 Investigation from last year, visit the "Related KOMU Stories" section to the left on your screen.
Reported by: Brian Mortensen
Published: Wednesday, June 24, 2009 at 6:05 PM
Last Updated: Wednesday, June 24, 2009 at 8:49 PM |
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