ST. LOUIS COUNTY, Mo.—St. Louis County prosecutors want a judge to lift a two-month-old stay blocking the removal of a County Council member accused of violating state nepotism statutes.
On Tuesday, St. Louis County Prosecuting Attorney Wesley Bell and Rachel Smith, a Special Assistant Prosecuting Attorney, filed a motion asking Circuit Court Judge Robert Borbonus to remove the stay and order Dennis Hancock cease actions on the County Council.
In the court document, the prosecutors say “Respondent Hancock continues to illegally hold his forfeited office, illegally vote, and illegally carry out duties creating potential legal ambiguity or potential legal liability for every action taken, decision passed, or legislative provision rendered. The citizens of St. Louis County face potential long-term issues created by the Respondent’s continued usurping of office.”
In August, prosecutors began the proceedings to remove Hancock after he hired his stepdaughter as a legislative assistant. They originally sought to force him off the council while his authority to hold the office was under challenge.
A judge ruled the same day that he could remain in office.
The petition for quo warranto said Hancock’s stepdaughter was hired as an administrative assistant making $24.88 per hour, plus a vehicle allowance of $300/month, and additional benefits.
Hancock said in August she ended up not taking the job after learning of the conflict and was never paid. He acknowledged that it was his mistake.
In the court filing Tuesday, prosecutors said those defenses weren’t viable. They also added that ignorance of the law is not a defense either.
A status hearing on the case had been scheduled for Oct. 17. On Tuesday night, the St. Louis County Council voted 4-3 to have the county pay for Hancock’s legal defense. Hancock voted in favor of the measure. Councilman Ernie Trakas voted no, saying Hancock shouldn’t be able to vote on something that benefits him personally.
Hancock declined to comment.