Special Counsel Clears All Three New Wildwood Council Members; Report Goes to Council Monday, June 8th

Special Counsel Clears All Three New Wildwood Council Members; Report Goes to Council Monday, June 8th

Three Wildwood council members elected in April will keep their seats. That's the conclusion of a taxpayer-funded investigation that lasted 20 days and found no legal basis to remove any of them from office.

Special counsel Timothy Engelmeyer delivered his findings in a May 27 summary letter, concluding that Phil Owen (Ward 1), Chris Means (Ward 5), and Tim Kummer (Ward 8) committed no ethics violations and face no eligibility problems under the city charter or state law. The report lands on the Wildwood City Council work session agenda Monday, June 8, at 5:30 p.m. at City Hall.

The investigation traces back to a special meeting on May 7, when four incumbent council members — Ed Marshall, Robert Mabry, Cliff Albers, and Joe Farmer — convened a vote to hire Engelmeyer to probe potential violations by candidates in the April 7 election. None of the four faced voters in that election. They cited Section 3.6 of the city charter, which gives the council authority to judge members' qualifications and grounds for forfeiture.

No candidate was named at the meeting. But as West Newsmagazine reported, the most obvious target was Kummer, who had unseated incumbent Michael Gillani with 52.5% of the vote in Ward 8 and owed the city $14,674 in delinquent assessments.

The core issue was money Kummer owed the city. A February 2025 notice informed him that he was delinquent on $14,674 in Neighborhood Improvement District special assessments tied to the Town Center Sewerage district, and the city had placed a lien on his property. Kummer paid the balance via cashier's check on April 14, one week after the election but before his May 11 swearing-in.

Engelmeyer examined whether that delinquency disqualified Kummer under Missouri statute Section 115.306, which bars candidates who owe delinquent state income taxes, personal property taxes, municipal taxes, or real property taxes on their residence.

His answer was no. The statute "does not expressly include delinquent special assessments, NID assessments, sewer assessments, or improvement district assessments," Engelmeyer wrote. He also found no city ordinance or charter provision requiring candidates to disclose delinquent NID assessments when filing.

Engelmeyer went further on the procedural question. Section 3.6, the provision the four incumbents invoked, does not authorize removal by simple motion or ordinary vote, he found. It requires formal charges, a public hearing on demand, and a two-thirds council vote.

Swearing-in proceeded despite the probe

Despite the pending investigation, Mayor Joe Garritano pushed ahead with the swearing-in ceremony on May 11, four days after the special meeting. The Board of Elections had certified the results, and Garritano said the city would proceed as planned.

All three members took their oaths that night.

With the findings now public, Garritano said the matter should be closed. "Continuing to revisit issues that have already been independently reviewed serves only as a distraction from the important work ahead and comes at a cost to taxpayers," the mayor said in a statement reported by West Newsmagazine.

Kummer was more pointed. "I have maintained from the beginning that I committed no violations of the city charter," he said. "While I am pleased to resolve this matter and return my full attention to serving the community, I remain disappointed that taxpayer funds were utilized for an investigation that appeared intended to cause public reputational harm."

What's unresolved

The four council members who initiated the investigation have not commented publicly on the findings.

City Administrator Thomas Lee had estimated the investigation would cost between $5,000 and $15,000. The final invoice has not been disclosed.

Monday's work session at 16860 Main Street lists the Special Counsel Investigation Report as an informational item. The regular council meeting follows at 6:30 p.m., with a full agenda that includes a second reading of a data centers zoning ordinance and a budget revision adding $932,008 to the city's ending fund balance.

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