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Fair Grove Mayor Files Lawsuit Against Aldermen Over Impeachment Vote

FAIR GROVE, Mo. -- Mayor Tim Smith has filed suit against four members of the Board of Aldermen who voted in late May to impeach him.

FAIR GROVE, Mo. -- Mayor Tim Smith has filed suit against four members of the Board of Aldermen who voted in late May to impeach him.

The lawsuit was filed (read it below) in Greene County Circuit Court and seeks an order to overturn the board's vote to impeach, and an injunction to stop the board from moving forward on its current plans to file charges and hold a hearing on a matter for which, the lawsuit alleges, they have already made a final decision.

Monday afternoon, a Greene County Judge approved the injunction, allowing Smith to continue serving as mayor for the time being.

Smith is being represented by Carnahan, Evans, Cantwell, and Brown, P.C., a Springfield law firm specializing in municipal law.

Attorney Richard Ashe tells KOLR10 that members of the board met in secret prior to the May 28th meeting, at which time they decided to impeach the mayor. He says the members of the board specifically refused to provide any information about the charges against the mayor prior to the vote, and that the board continues to meet in secret in an effort to "create the illusion of due process after the fact."

A regularly scheduled public hearing during the Board of Aldermen meeting is set for 6:30 p.m. Tuesday, June 11, in the Fair Grove City Hall.  This facility is located at 81 South Orchard Boulevard in Fair Grove.

Efforts by KOLR10 to contact the City of Fair Grove for comment have, so far, been unsuccessful. KOLR10 continues to try to get reaction from city.

Earlier Report: Reason Behind Fair Grove Mayor Impeachment Vote Remains a Mystery

FAIR GROVE, Mo. -- The Mayor of Fair Grove, Missouri has been impeached.

However, Tim Smith has not been removed from his seat just yet. The motion that passed Tuesday night by the Board of Aldermen is just an official bill of impeachment that starts the impeachment process.

No one knows why the process has started, and nobody has said why this motion was made.

Dennis Frame, President of the Board of Aldermen, was at Tuesday night's meeting. He says he's just as shocked as everyone else.

Frame says as the meeting began, "Immediately we had one of our alderman said, 'I make a motion to impeach the mayor.' The only thing last night was strictly that one sentence."

The motion was made by Alderman Ray Cook and seconded by Alderman Sherry Veach.

"It caught most people by surprise," says Frame.

Fair Grove native Stacey Burdette was also caught off guard.

"I just didn't hear anything. My family still lives here and I didn't hear anything."

Burdette once worked with Smith and like Frame, she thought Smith did his job well as mayor.

"He's a great guy to work with," says Burdette.

"He just attended to his duties very well," says Frame. "He's very helpful, all the little things. He's just what a mayor is supposed to be."

The motion passed 4-1, with just one vote in favor of not impeaching Smith -- cast by Frame.

"They don't need to give any reason, cause at all," he says.

The reason why leaves a lot of questions and speculation.

"The government of Fair Grove, the structure of it, who supervises the employees," adds Frame. "Who has legal authority to supervise in our community. That's it in a nutshell."

Smith's future as mayor will be decided June 11. That's when details must be provided.

"Because you have to had cause when you're trying to impeach an official," says Frame. "You can't just say, 'we think he's not doing a good job.' You have to have specific reasons. Very specific and they have to very relate to the good of the community."

KOLR10 News attempted to speak with the two aldermen who brought the motion to impeach. Ray Cook did not return calls and Sherry Veach answered, but hung up the phone.

Mayor Smith could not be reached for comment.

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