BELLE — “Alright, folks, here’s the story,” City Attorney Todd T. Smith began at the Feb. 12 Belle aldermen meeting. “In Missouri the Open Meeting Law is very clear on this point. You are permitted to come and observe the transaction of governmental business ----– quietly and largely silently. This is not a debate. This is not a point of contention. The law is extremely clear on that point. In a public comment you are permitted to make criticisms, you can give a campaign speech, you can talk about almost anything. What you cannot do is demand immediate information. You cannot insist that the city commit itself. My client is the city of Belle. Not you all. Not these folks. The entity.”

Smith’s comments to the crowed of 50 or so visitors was prompted by demands for the board to be held accountable for their actions, notably in the case of the Jan. 23 termination of former long-time city clerk Frankie Horstman.

Residents who were already disenchanted with Belle aldermen’s new “thank you, next question” strategy in January expressed even more angst in the Monday night meeting when the policy was passed as Ordinance 629. Smith, with Lauber Municipal Law, was present to enforce the ordinance during public discussion.

James (Pudd) Mitchell, acting mayor in the absence of Mayor Daryl White, Jr. who hasn’t publicly participated in city business since Belle City Hall was served a search warrant on Dec. 20, read Ordinance 629 out loud. Aldermen Emily Williams and Barb Howarth made a motion and vote to wave the second reading of the ordinance. At the advice of Smith, the board voted a third time, 3-0, to adopt the ordinance.

Previously, public discussion has always been at the beginning of the agenda before “Old Business.” Monday night, those on the agenda to address the board and any who signed up for public discussion were scheduled at the end of the meeting.

Smith began the comment’s portion of the meeting seated at the front table with Mitchell, Williams and Howarth and City Court Clerk Sherree Burkholder.

Rebecca Withouse, Tracey Creswell and Delmar Branson signed up on the agenda and were alloted five minutes each. Withouse addressed the board first.

“So what did you guys discuss at city council when you all met up on Jan. 23?” Withouse began. “That was the day after you fired Frankie Hicks (Horstman) — or, no. You had the attorney fire her because it was too hard. No comment? Ok. Moving on. If we’re going to send the bill for asking questions to the newspaper after (the board) says they won’t, does that mean the engineer will be billed for any questions he asks the attorney? Or is that another ‘we don’t know?’ Because that seems to be the call here. Don’t get me wrong, I’ve admitted to you that this is a hard job. But we have people that are accused of sexual harassment, people who are accused of stealing, because technically Daryl is still mayor, but you have done nothing. Instead you fire Frankie — claiming a lot of this was her fault. Apparently that is where this is at. Why are we protecting some people and giving some people that time frame we are not giving others?”

“We’re not going to answer any of those questions,” Smith said as he stood from the board’s table and walked toward the podium.

An outcry from nearly 50 people in the room demanded to know why the questions wouldn’t be addressed and why rumors wouldn’t be put to rest.

Withouse held the microphone out to Smith and walked away.

“Frankie deserves better,” Withouse said. “You can take the rest of my time because clearly you’re not going to answer my questions.”

Smith called Creswell to the podium, who began by giving her name and address as the new ordinance requires.

“I am running for mayor, and nothing against Pudd (Mitchell), but want to see change in Belle. I am tired of this stuff,” Creswell said.

Creswell asked the board if they were going to do something about a complaint she has continued to bring to their attention since February 2023. Mitchell began to answer until Smith gestured not to do so.

“We appreciate your comment, ma’am,” Smith said.

“I was done, I asked a question,” Creswell said.

Voices rang from the crowd, “they are not going to answer our questions,” and “he don’t know.”

Marshal Jerry Coborn told Creswell that changes to ordinances are being changed.

“Every council meeting that I’ve been to, they are not getting answers,” Creswell said. “Everything is ‘I don’t know.’ ‘I’ll have to check on that.’ Or (Smith) standing there saying ‘no, don’t tell ‘em that.’ “

Creswell alleged that during the last meeting Williams was texting Mitchell during the proceedings.

“That’s Sunshine Law violations because it’s not being transparent,” Creswell said. “Pudd was just using his cellphone a little while ago. That’s not being transparent.”

The crowd spoke up alleging the board has an illegal group chat. No answer was forthcoming

Creswell asked if there is a confidentiality ordinance within the city.

“Some of the people on the city council are telling us things or they are telling other people who are telling us,” Creswell said. “I know that is third-hand information, but if it is something like Frankie is being fired, we should not be being told why she was fired if you are going to keep it in confidence. Frankie had every right to know why she was being fired.”

Smith remained silent and the crowd started demanding answers.

“What’s the point of this meeting with the citizens if you are not going to answer —,” one person asked.

“They don’t know,” some shouted.

“They are still looking for a reason,” another voice alleged.

The board remained silent.

“There was six Sunshine Law violations just tonight,” Creswell said.

“Are you sure he’s a lawyer?” Another voice shouted.

“Be up front and the rumors will stop,” someone else shouted.

“How much are you being paid to be here tonight?” Another voice shouted.

Smith was present throughout the meeting, interrupting to give unsolicited advice or speaking to his similar experiences in other cities he says are like Belle.

“I will have a comment when you’re done, I assure you,” Smith said. He made the above statement.

Reactions to Smith’s comments that he works for the entity of Belle and not the residents present was met with loud objection.

“We are the city.”

“Who’s payin’ ya?”

“We are, the citizens of Belle.”

Smith said his function is to help Belle get on track and do the right thing.

“What is not going to happen is to have an ambush about every little thing that happens,” Smith said. “You are not entitled to that and its not going to happen.”

Creswell asked if she was entitled to have her issue resolved after a year of filing complaints.

“I invite you to sign up for the agenda here —,” Smith began.

“Why?” The room asked at large.

“Thank you all for interest in local government,”  Smith said.

Branson was invited to address the board.

“Ordinance 629 says you can ask a question,” Branson began. “You didn’t give no response time. Nothing in here says wait until next month and we’ll give you  an answer. I have four questions here that I asked last month.

“The first one was does the council have any plans to remove Daryl White as mayor? You didn’t know last month. Do you have an answer this month? The question is out there whether you answer it or not.”

Branson asked if White is still being paid the mayor’s salary.

“You said last month that you had to speak to your lawyer. He’s here now. Has (White) been paid yet?” Branson asked.

Smith said he imagined the city has an ordinance that states (White) gets paid for coming to the meetings. Branson said he’s not been coming to the meetings.

“Then I imagine not,” Smith said.

Branson said White is being paid still according to the financial statements.

“He’s mayor,” Smith said with a shrug. “I wouldn’t be surprised.”

“Last month I asked Ms. Williams if she is familiar with the Sunshine Law. She was making her notes as she is now, and I have not heard anything from her about the city clerk being the recorder. She hasn’t answered that yet —,” Branson began.

“She’s not going to, “ Smith said.

“The question is still there whether she is going to or not and it puts shadow of a doubt whether they are doing this or are scared and trying to hide something,” Branson insisted. “My last question is on the rock I asked to be spread in my yard.”

Branson said the city never called him to answer his request even though they used city equipment on a parking lot next to former alderman Adam Padgett’s bar.

“Even if the city employee donated his time, he used city equipment,” Branson said. “I’ve got minutes showing on Oct. 10 Daryl White the mayor said he would be happy to work with anyone,” Branson said. “My other thing is on the minutes of the Jan. 22 meeting, which I have a copy of the closed session minutes, would you please take a look at that and tell me if that indeed met the guidelines for what’s required  to be on the minutes of closed session? I don’t think it does. There is several things missing.”

The board remained closed mouthed.

“They’re not going to answer that one either,” Branson said.

“They’re not going to,” Smith said.

Branson asked if Howarth or Williams would want to share why they would make a motion to fire Horstman and the other one second it.

“What are you being paid tonight to be here at this meeting? You could have done this out of  Jeff City and these folks could have stayed home tonight. All you’ve said is ‘thank you, no answer. Thank you, next question.’”

Smith called for the next person on the agenda and Ken Stanfield approached the podium.

Stanfield began by apologizing for not running for mayor, adding that he doesn’t want  any part of the current board or its issues. The crowd clapped.

“To those who have said that I couldn’t handle the heat when I resigned as alderman last time — my wife passed away and I was in a bad spot,” Stanfield said. “I have a question for Ms. Barb. I have a video here of you not letting us into City Hall last month when you throwed Frankie underneath the bus. What’s the difference between a closed door and a closed session meeting?”

Howarth said she understood it was a locked door as Smith motioned not to answer. Stanfield offered the video to the attorney who refused and said he wasn’t contesting it.

“I’m gonna tell ya now, that did not sit well with the voters,” Stanfield said. “That’s all I’ve got for Barb. If I was in your ward, I would not vote for ya.”

Stanfield asked if there was a plan for the city’s new water tower, and if the property that the previous board purchased was going to work for structure since it was at a lower level than the town. The board didn’t speak.

“That’s what I figured,” Stanfield said.

“Let me ask you this, Ken, you was on the council when that land was bought,” Mitchell said. “Did the council look at that land to see if it was high enough?”

Voices rang out from the crowd:

“We’re not answering questions either.”

“You don’t have to answer that, Ken.”

“We discussed that before we bought,” former alderman Jeanette Struemph said. “Our head maintenance man at the time said it wouldn’t take much gravel or rock to bring it up to par because it was in a good location.”

Stanfield said he was going to run for alderman, but Mitchell said he was going to run. So Stanfield decided to run for mayor to help get the town lined out. Then Mitchell ran for mayor.

“So my question is can I trust you, Pudd?” Stanfield asked.

“No,” voices said throughout the room. “I don’t think so. That’s the person I’m voting for.”

Stanfield pointed to Creswell and the room clapped.

“Can I get a motion to close the meeting?” Mitchell asked.

Another outcry from those present pursued as many demanded to speak.

“No one else signed up,” Mitchell said. “I need a motion to close this meeting. Can I have a second? The meeting is adjourned.”