On November 5, St. Louis County voters will be asked to decide on Proposition C, a charter amendment that, if passed, would allow the St. Louis County Council to hire its own legal counsel. Currently, the County Council relies on legal advice from the County Counselor's Office, which is under the authority of the County Executive. Proposition C would change that by permitting the council to hire independent legal counsel for specific matters and ensure that these attorneys do not report to the County Counselor.
On November 5, St. Louis County voters will be asked to decide on Proposition C, a charter amendment that, if passed, would allow the St. Louis County Council to hire its own legal counsel.
Currently, the County Council relies on legal advice from the County Counselor's Office, which is under the authority of the County Executive. Proposition C would change that by permitting the council to hire independent legal counsel for specific matters and ensure that these attorneys do not report to the County Counselor.
About this series…
This is Article #9 in a series covering the NINE constitutional amendments and propositions that will be included on our November ballot. These articles are published throughout October and are designed to help explain each ballot measure (beyond the short language we normally see). I will NOT be offering opinions on candidates for office – you're on your own for that ;-)
My website and email list present the "newest" articles first, so this series will likely appear to you in reverse order. If you want to start from the beginning – start with Article #1 and follow the links to read the articles in order.
Ballot Language
Current Legal Counsel Structure for St. Louis County Council
Under the current St. Louis County Charter, the County Council receives legal advice and representation from the County Counselor's Office, which handles all civil law matters for the county. The County Counselor, appointed by the County Executive, manages legal affairs for the county's executive, legislative, and judicial branches.
In 2019, the County Charter was amended to address concerns about potential conflicts of interest when the same office provides legal counsel to both the County Executive and the County Council. This amendment split the County Counselor's Office into three branches:
- Executive Branch Legal Counsel – Advises and represents the County Executive on legal matters.
- Legislative Branch Legal Counsel – Provides legal counsel specifically for the County Council.
- Judicial Branch Legal Counsel – Serves the judicial branch, including county courts.
However, all three branches of the County Counselor's Office still ultimately report to the County Counselor, who answers to the County Executive. This arrangement has raised concerns among some council members, who feel that the current system may not always provide the legislative branch with independent and timely legal advice, especially in situations where the interests of the County Executive and the County Council may diverge.
Proposition C seeks to address these concerns by giving the County Council the ability to hire independent legal counsel when needed. This counsel would provide legal opinions directly to the council and represent them in matters where conflicts with the executive branch might arise. Under this proposal, attorneys hired by the council would not report to the County Counselor or be influenced by the County Executive.
A Divided County Council
Proposition C was placed on the ballot by a 4-3 vote of the St. Louis County Council on August 27, 2024. Council Chairwoman Shalonda Webb (D-4th District) led the effort, emphasizing the need for independent legal advice for the council, especially in instances where the County Executive’s office and the council might have differing legal interpretations. Supporters believe this change will allow the council to make decisions more efficiently without relying on the County Executive's legal counsel.
Council members who voted in favor were:
- Shalonda Webb (D-4th District)
- Dennis Hancock (R-3rd District)
- Rita Heard Days (D-1st District)
- Mark Harder (R-7th District)
Those who opposed were:
- Ernie Trakas (R-6th District)
- Kelli Dunaway (D-2nd District)
- Lisa Clancy (D-5th District)
Arguments For and Against Proposition C
Supporters
Supporters, like Shalonda Webb, argue that Proposition C will strengthen the council’s ability to operate independently, free from potential conflicts of interest with the County Executive’s office. Webb emphasized that council members need immediate and unbiased legal advice tailored to the legislative branch’s needs. Dennis Hancock, another supporter, added that the current system often leads to delays in obtaining legal counsel, which hampers the council's ability to act swiftly on important matters.
Opponents
Opponents, including Ernie Trakas, expressed concerns about the ballot language and the broader implications of the measure. Trakas criticized the proposal, stating, “The litany is long and distinguished about why the ballot language is not just confusing and misleading, it is flat-out wrong.” He argued that the measure could result in lawsuits against the county, leading to potential legal disputes over authority and power.
County Executive Sam Page also opposes the measure, arguing that it could lead to fragmented legal strategies for the county. He believes that having multiple legal voices representing the county could create confusion and weaken the county’s overall legal approach.
Learn More
For more details, you can review the following resources:
- Call Newspapers - St. Louis County Voters Will Determine If Council Needs Own Attorney
- St. Louis Public Radio - County Council Asks Voters for Its Own Attorney
- Vote411 - St. Louis County Proposition C Ballot Information
- Full text of Ordinance No. 29,110 placing this on the ballot