May 13, 2008 11:02 pm
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By Debby Woodin
dwoodin@joplinglobe.com
More allegations about questionable conduct by Joplin City Council member Jon Tupper have been raised.
Councilman Bill Scearce has asked City Attorney Brian Head to prepare a resolution to present to the City Council on Monday night seeking censure of Tupper.
Scearce said Tuesday that the resolution deals with an allegation that Tupper sold baseball uniforms to the Joplin Youth Baseball Organization before Tupper voted on whether to grant a lease to the organization for use of city-owned Bassman Field and Ewert Field.
Tupper voted in favor of the lease at a March 17 council meeting. He did not disclose any business transactions with the league before the vote.
The council’s code of ethics requires that members disclose any financial or personal interest before voting, or that they disqualify themselves from the vote.
Scearce, during an informal council work session Monday night, asked Tupper if he had sold uniforms to the baseball organization. Tupper replied that he had and remarked, “So what?”
In addition, Head confirmed Tuesday that he is reviewing allegations made by some city employees against Tupper. Head said he is ethically bound to not discuss the details of the issue until he determines whether it amounts to any kind of violation of the council’s code of conduct or the city charter.
Head said he is reviewing reports compiled by the city’s Human Resources Department regarding allegations against Tupper.
“I can confirm for you that there is an issue,” he said. “It remains to be seen whether it will rise to the level of an ethics issue.”
He said some employees went to the Human Resources Department with allegations against Tupper. Reports concerning the issue were prepared and sent to the city manager, who referred the issue to the mayor. The mayor asked Head to review the reported incident, Head said.
The council’s code of conduct prohibits council members from interfering with city employees and requires council members to direct information to the city manager.
Council ethics regulations also require that council members “treat all citizens with courtesy, impartiality, fairness and equality under the law” to maintain confidence and respect in city government.
On Tuesday, Scearce said he will present the resolution for censure at next Monday’s regular council meeting.
“I have no idea what will happen with it,” he said. “I just know I’m going to present it.” He said it is his opinion that voting on the lease to the baseball organization after profiting from uniform sales “is a direct violation of certain sections of the charter that have to do with being in business.”
“It’s almost like tit for tat,” Scearce said.
He said he could not predict whether the council will vote to place the resolution on the agenda to be heard.
Messages from the Globe seeking comment from Tupper were left Tuesday on recordings at his business phone at his sports supply business, Gametech Gear and Graphics, and on his cellular telephone.
Tupper was censured by the council in October 2006 for not disclosing that his son bought a house near property the city bought for a possible expansion of Joe Becker Stadium. An outside investigator hired by the council concluded that there were two violations that were unintentional.
At the time, Tupper was serving as mayor, and the council followed the censure vote with a vote of confidence in Tupper.
A censure is similar to a written reprimand.
In December, the Newton County prosecutor received a complaint that Tupper’s dogs had escaped their pen and killed a neighbor’s cat.
The neighbor, Mark Parrish, at first pressed for charges for violating city ordinances that require that dogs be kept from running loose, but he withdrew his complaint after Tupper made repairs to the dog pen.
Newton County Prosecutor Jake Skouby said that case was not pursued. “We talked to the complaining witness, and he said he was satisfied with the repairs that had been done,” he said.
Censure question
The Joplin City Council will meet at 6 p.m. Monday at City Hall, 602 S. Main St.
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