Springfield City Council yesterday voted to accept as fact a report from attorney Kevin O’Keefe stating Councilwoman Kristi Fulnecky was ineligible to run for office because of business taxes she owed when elected.
The
report released last week by the St. Louis attorney hired by the city found Fulnecky’s construction management firm, Fulnecky Enterprises LLC, did not pay business license taxes for seven years, which should have prevented her election under state and city law. In October, six months after she was elected, Fulnecky paid her 2015 license and three prior years, but O’Keefe said that payment did not remedy the situation.
The bill accepting the report passed after lengthy discussion last night by two of Fulnecky’s attorneys, Joseph Passanise and a colleague of the Law Offices of Dee Wampler and Joseph Passanise PC, two other members of the public and each present member of council. Fulnecky cast the lone vote against it, and Councilman Justin Burnett abstained, citing lack of legal representation. Councilwoman Jan Fisk was absent.
Passanise argued there was never a discussion as to whether Fulnecky even needed to pay the fee.
“There is this argument that she capitulated or stipulated to it because she paid it,” he said. “That’s ludicrous.”
He also pointed to the difference between an individual owing a tax and an entity owing a license fee.
“This is not a tax. This is a fee,” he said, suggesting the issue should not have prohibited Fulnecky from running for office.
O’Keefe said in his report the fee counts as a tax.
According to the report, council has three options after passing last night’s resolution: voting to remove Fulnecky, passing the decision on to voters or letting the Missouri attorney general or Greene County prosecutor weigh in on the issue. There was no discussion last night as to what step council would take, and city spokeswoman Melissa Haase declined to comment this morning, citing the threat of a lawsuit by Fulnecky and her attorneys.
Just before the vote, Fulnecky said she was insulted by her personal information being released in the report.
“To let someone’s Social Security number and driver’s license number be leaked on the internet and to the media is outrageous,” said Fulnecky, who’s also planning to run for mayor next year. “I will seek full legal remedies because of the breach of my personal information.”
This morning, Wampler said his firm plans to file a complaint to Missouri Attorney General Chris Koster’s office.
“The lawyer, Kevin O’Keefe from St. Louis, disclosed [personal information]. You can’t do that; that’s against the law,” Wampler said. “The law provides that an investigation can be made by the Missouri attorney general.”
The city since has pulled the report from its website and
issued a new copy with Fulnecky’s personal information redacted.
