1 year, 9 months ago Scott Hardy/Mary Griffith
Judge Rachel Bringer Shepherd ruled Franke's due process rights violated
Marion County Circuit Court Judge Rachel Bringer Shepherd has ruled that Hannibal Third Ward councilman Stephan Franke must be re-admitted to the Hannibal City Council, pending the results of his impeachment trial.
In a statement released Monday, Franke said that Judge Shepherd said in her ruling, issued on June 27th, that Franke can't be kicked off just because of an allegation against him. Judge Shepherd ruled that suspending Franke from his council duties while the impeachment process moves forward is unconstitutional, because it denied him due process and left Third Ward residents without equal representation. Judge Shephered also ruled Franke will have the right to subpoena witnesses and will have the right to discovery. Franke says he has been denied that access up to now. The ruling came as a result of a lawsuit brought by Franke in late May, against the City, Mayor James Hark, City Clerk Angelica Zerbonia, Aldermen Charles Phillips, James Dobson, Collin Welch and Jeffrey Veach, and City Judge Donald Bastian. Mayor Hark brought impeachment proceedings against Franke months ago, over allegations made by Zerbonia and City Manager Lisa Peck. No date has been set for the impeachment hearing.
Franke said in his statement that the impeachment is retaliation for his request last year to have a third party human resources consultant conduct exit interviews with people who report to the city manager and city clerk. Judge Shepherd's ruling is below.
