ST. LOUIS—St. Louis County Executive Sam Page beat a 5 p.m. deadline to reply to Missouri AG Andrew Bailey over filling the county's prosecuting attorney vacancy, with the county counselor saying that the state's constitution does allow charter counties to decide the process to fill a vacancy in the county.

Gov. Mike Parson said Friday he plans to name the replacement and had previously informed Page of his intention. Bailey sent Page a letter outlining the governor’s legal authority to make such an appointment saying state law takes precedence over the county charter. 

County Counselor Dana Tucker Redwing's letter states that Bailey;s Nov. 7 letter ignored "Article VI, section 18(b) of the Missouri Constitution's explicit grant of authority to charter counties like St Louis County, and St. Louis County's corresponding charter provision that determines the manner of selection of the prosecuting attorney."

Redwing's letter also cites a similar situation that happened in St. Charles County and has a charter provision "identical" to St. Louis County's, which states the county executive has the authority to fill the vacant seat.

On Tuesday, Nov. 5, Bell defeated Andrew Jones Jr. in the state's First Congressional District race, leaving his position as St. Louis County Prosecutor open. St. Louis County Executive Sam Page announced Nov. 6 that he was taking applications to fill Bell's seat. 

Days later, the governor’s office announced it would name Bell's succsessor, saying it communicated with Page’s office on multiple occasions before and after the election about its intent to full the seat. 

"We truly want the best person for the job who can improve law and order in St. Louis County," Gov. Parson said in that announcement. "Similar to our historic opportunity to appoint a new St. Louis City Circuit Attorney, the St. Louis County Prosecutor will be tasked with the responsibility to bring meaningful and lasting change that strengthens public safety in our state's largest metro area.”

Bell released a statement through his campaign saying the St. Louis County Charter gives the county executive authority to appoint the successor.

He adds, “I will support the process established by their team in every way possible. I strongly believe that my successor should be chosen from our office’s current leadership team in order to ensure continuity and stability in the office, and I will work closely with my eventual successor during their transition to leading the office. The mission of our office is and always will be to protect the public and to seek justice -- and, regardless of who my successor ultimately will be, as a region we all have a stake in their success, which directly correlates with public safety and the success of the region.”