Council holds closed meeting about Fulnecky

Last edited 3:49 p.m., Dec. 1, 2015

Springfield City Councilwoman Kristi Fulnecky last week attempted to disrupt a closed meeting in the basement of the Busch Municipal Building between several of her council peers – who have recently challenged her ability to serve on council – and an attorney the city hired to represent them.   

Fulnecky, who hired Springfield defense attorney Dee Wampler to represent her, said she felt it was important to attend the Nov. 24 meeting after being tipped that council members were holding a meeting to discuss her eligibility. After stating her objections, she left under protest.

Fulnecky said she was asked to leave the meeting. Attorney Kevin O’Keefe – hired by the city to represent the other members of council – cited attorney-client privilege. Fulnecky argued that as a council member, she had every right to be there.

“No. 1, I have a responsibility to citizens to show up to meetings. And No. 2, I see myself as a steward of taxpayer money, and I need to watch where the money is spent. I didn’t know where they were getting this money from and who authorized it. For my attorney, I am using private money, but with their attorney, they are using taxpayer money,” Fulnecky said this morning.

Councilman Mike Schilling, who was said to be in attendance, declined to comment on the meeting. Mayor Bob Stephens did not return a call for comment by deadline.  

City of Springfield spokeswoman Cora Scott said City Attorney Dan Wichmer and his legal staff told council they were required to recuse themselves from providing legal advice regarding the hearing process requested to review Fulnecky’s qualifications for office over a lack of a business license.

“Six council members hired outside legal counsel and requested a meeting after Councilwoman Fulnecky obtained her own legal counsel in the matter,” Scott said via email. “Kevin O’Keefe represents the following City Council members: Bob Stephens, Ken McClure, Jan Fisk, Mike Schilling, Craig Fishel and Phyllis Ferguson. The city will cover the cost of Mr. O’Keefe’s services at a contract rate of $300/hour.”

Last month, five council members –  Mayor Pro Tem McClure, Councilwoman Ferguson, Councilman Fishel, Councilwoman Fisk and Councilman Schilling – issued a news release related to “the failure of Councilwoman Fulnecky to obtain a business license and pay the required tax.”

The group requested an independent hearing examiner to look into Fulnecky’s eligibility to serve on council because her construction management firm, Fulnecky Enterprises LLC, was, at the time of her April election, roughly seven years behind on its city business license fees. Under city charter, no person who is in arrears for any city taxes is eligible to hold office.

Fulnecky has told Springfield Business Journal she never avoided the fees. She also said she wasn’t certain she needed to pay them because she is an attorney. According to Scott, the fees are required because Fulnecky Enterprises is not a law firm. On Oct. 28, the city received a completed license application and payment of three years of fees – as much as Fulnecky could pay back under city charter.

Retired Judge John Holstein has been retained as the hearing examiner. Scott said his fee is $225 per hour.

And that’s the rub for Fulnecky.

“It’s easy to pay for something when you don’t have to pay for it yourself,” she said. “It’s easy to investigate another council member when you don’t have to use your own money.”

This morning, Fulnecky’s attorney Wampler issued a news release that said, in part, Fulnecky had the right to attend the meeting called by Stephens and McClure.

“Stephens and McClure have missed the point. It is not about Councilwoman Kristi Fulnecky employing private counsel. It is about (the council) using taxpayer funds to employ a private attorney,” Wampler said in the release. “This drama is an embarrassment and is beginning to appear childlike.”