Electronically Filed - Jefferson - January 17, 2017 - 04:19 PM

STATE OF MISSOURI )
) SS
COUNTY OF JEFFERSON )

IN THE CIRCUIT COURT OF THE TWENTY-THIRD JUDICIAL CIRCUIT

OF MISSOURI AT HILLSBORO, JEFFERSON COUNTY, MISSOURI
DIVISION NO.

BRUCE KING, MARK ABEL, by and through )

his Personal Representative, CHERYL ABEL, )
CHUCK BANKS, MARLENE CASTLE, )
RANDY HOLMAN, PAT LAMPING, BETH )
MAHN, LINDA NEES, TERRY ROESCH, )
DOROTHY STAFFORD, WES WAGNER, )
STEVE FARMER and KEN WALLER, )
) Cause No.: 16JE-CC00004
Plaintiffs, )
)
vs. )
)
JEFFERSON COUNTY, MISSOURI, et al., )
)
Defendants. )
)

SECOND AMENDED PETITION FOR DECLARATORY JUDGMENT

COME now Plaintiffs, by and through their attorney, and for their Second

Amended Petition for Declaratory Judgment against Defendants Jefferson County and

Jefferson County Council, does state as follows:

1. Plaintiff, Bruce King, is a resident of Jefferson County, Missouri and served as

the Public Administrator of Jefferson County, Missouri, during 2010-2012.

2. Plaintiff Mark Abel, was a resident of Jefferson County, Missouri and served as

the Treasurer of Jefferson County, Missouri, during 2010-2011.

3. Plaintiff Chuck Banks, is a resident of Wayne County, Missouri, and served as

County Commissioner of Jefferson County, Missouri, in 2010.

4. Plaintiff Marlene Castle, is a resident of Jefferson County, Missouri, and

served as Recorder of Deeds of Jefferson County, Missouri, in 2010.

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5. Plaintiff Randy Holman, is a resident of Jefferson County, Missouri, and

served as Assessor of Jefferson County, Missouri, in 2010.

6. Plaintiff Pat Lamping, is a resident of Jefferson County, Missouri and served

as County Commissioner of Jefferson County, Missouri, in 2010.

7. Plaintiff Beth Mahn, is a resident of Jefferson County, Missouri and has served

as County Collector of Jefferson County, Missouri, during 2010-2016.

8. Plaintiff Linda Nees, is a resident of Jefferson County, Missouri and served as

County Treasurer of Jefferson County, Missouri, during 2011-2016.

9. Plaintiff Terry Roesch, is a resident of Jefferson County, Missouri and served

as County Assessor of Jefferson County, Missouri, during 2011-2016.

10. Plaintiff Dorothy Stafford, is a resident of Jefferson County, Missouri and

served as the County Auditor of Jefferson County, Missouri, during 2010-2014.

11. Plaintiff Wes Wagner, is a resident of Jefferson County, Missouri and has

served as County Clerk of Jefferson County, Missouri, during 2010-2016.

12. Plaintiff Steve Farmer, is a resident of Jefferson County, Missouri and has

served as Public Administrator of Jefferson County, Missouri, during 2013-2016.

13. Plaintiff Ken Waller is a resident of Jefferson County, Missouri and has

served as County Executive of Jefferson County, Missouri, during 2011-2016.

14. In 2008, in the general election, the citizens of Jefferson County adopted a

Charter form of government.

15. Section 7.7.3 of the Jefferson County Charter provides that until January 1.

2010, the annual salary of an elected County Officer in Jefferson County was to be the

same as the annual salary that would have been payable to such County Officer had the

Charter not been adopted. Section 7.7.3.11 of the Jefferson County Charter provides that

for every calendar year after 2009, the annual salary of every elected County Officer is

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not to be less than the annual salary of holder of the equivalent office in a first-class non-

charter county.

16. The clear intent of the Charter was to provide adequate compensation for the

elected Officers of Jefferson County. The clear intent also was to provide that no salary

of an elected office holder would be reduced prior to 2010, and beginning with 2010, said

salaries would be adjusted upward to match those of office holders of the highest paying

first class non-charter county.

17. In 2010, the Public Administrators salary, the Treasurers salary, the

Recorder of Deeds salary, the Assessors salary, the County Clerks salary, the Auditors

salary and the County Collectors salary was each $71,078.

18. In 2011, the Public Administrators salary, the Treasurers salary, the County

Collectors salary, the Assessors salary, the Auditors salary and the County Clerks

salary was each $73,291.

19. In 2012, the Public Administrators salary, the County Collectors salary,

Treasurers salary, the Assessors salary, the Auditors salary and the County Clerks

salary was each $73,921.

20. In 2013, the Public Administrators salary, County Collectors salary,

Treasurers salary, Assessors salary, Auditors salary and the County Clerks salary was

each $77,617.

21. In 2014, the Public Administrators salary, County Collectors salary,

Treasurers salary, Assessors salary, Auditors salary and the County Clerks salary was

each $79,169.

22. In 2015, the Public Administrators salary, County Collectors salary,

Treasurers salary, Assessors salary, County Clerks salary was each $81,149.

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23. In 2016, the Public Administrators salary, County Collectors salary,

Treasurers salary, Assessors salary, County Executives salary and the County Clerks

salary was each $81,149.

24. In 2010, the salary for a County Commissioner for Jefferson County was

$77,403.00.

25. In 2011, the salary for a County Executive for Jefferson County was

$81,687.00.

26. In 2012, the salary for a County Executive for Jefferson County was

$84,196.00.

27. In 2013, the salary for a County Executive for Jefferson County was

$85,695.00.

28. In 2014, the salary for a County Executive for Jefferson County was

$87,132.00.

29. In 2015, the salary for a County Executive for Jefferson County was $81,149.

30. In 2016, the salary for a County Executive for Jefferson County was $81,149.

30. In 2010 and 2011 the annual salary of the Public Administrator, as well as

other elected office holders in Boone County, a first class non-charter county, was

$82,014.40.

31. In 2012, the annual salary of the Public Administrator, as well as other elected

office holders in Boone County, a first-class non-charter county, was $83,657.60.

32. In 2013, the annual salary of the Public Administrator, as well as other

elected office holders in Boone County, a first class non-charter county was $86,174.40.

33. In 2014, the annual salary of the Public Administrator, as well as for other

elected office holders in Boone County, a first class non-charter county was $90,054.74.

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34. In 2015, the annual salary of the Public Administrator, as well as for the other

elected office holders in Boone County, a first class non-charter county was $92,936.49.

35. In 2016, the annual salary of the Public Administrator, as well as for the other

elected office holders in Boone County, a first class non-charter county was $95,243.20.

36. Plaintiffs salaries in Jefferson County for the years 2010, 2011, 2012, 2013,

2014, 2015 and 2016 were significantly less than the salary intended and mandated by the

Jefferson County Charter.

37. As a result of the underpayment and salary, each of the office holders as

alleged above have lost significant credits to his or her retirement.

38. Jefferson County should be required to retroactively raise the annual salary of

Bruce King, Mark Abel, Chuck Banks, Marlene Castle, Randy Holman, Pat Lamping,

Beth Mahn, Linda Nees, Terry Roesch, Dorothy Stafford, Wes Wagner, Steve Farmer

and Ken Waller in accordance with the Jefferson County Charter so that it is at least

equivalent to the annual salary of the Boone County elected office holders.

39. Jefferson County should also be required to pay to plaintiff monies for the

salary discrepancy between calendar years 2010-2015. In addition Jefferson County

should be ordered to take all necessary steps so that appropriate credits to the Public

Administrators retirement program shall be made on behalf of plaintiff.

40. As a result of the foregoing, a justiciable controversy exists.

41. The questions herein are right for judicial determination.

WHEREFORE, Plaintiffs pray this Court enter and Order declaring that Jefferson

County pay Plaintiffs the difference in salaries for 2010 through 2016; that Jefferson

County apply the appropriate credits to each Plaintiffs retirement program; and for such

other and further orders as the Court may deem just and proper under the circumstances.

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ROBERTS, WOOTEN & ZIMMER, LLC THURMAN, HOWALD, WEBER
Kevin C. Roberts & NORRICK Derrick Good
P.O. Box 888 P.O. Box 800
Hillsboro, Missouri 63050 Hillsboro, Missouri 63050
(636)797-2693 (636)797-2601 X 123
KevinRoberts@RWZLaw.com Good@ThurmanLaw.com

By:/s/ Kevin C. Roberts By:/s/ Derrick R. Good

KEVIN C. ROBERTS #31578 DERRICK R. GOOD ##50300

PROOF OF SERVICE

The undersigned certifies that a complete copy of this instrument was e-

mailed through the Courts electronic E-Filing system to Mr. William Hellmich,
Mr. Blake Hill, Attorneys At Law, 2000 South Hanley Road, St. Louis, Missouri
63144 and to Judge Fulton at rob.fulton@courts.mo.gov on this 17th day of
January, 2017.

/s/ Derrick R. Good

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