Municipal Court offenders may receive jail time, lack of supervision for community service work cited

By Buck Collier, Special Correspondent
Posted 3/24/21

HERMANN — With her staff busy with crowded dockets and unable to take the time to adequately supervise city ordinance violators ordered to do community service work, Associate Circuit Judge Ada …

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Municipal Court offenders may receive jail time, lack of supervision for community service work cited

Posted

HERMANN — With her staff busy with crowded dockets and unable to take the time to adequately supervise city ordinance violators ordered to do community service work, Associate Circuit Judge Ada Brehe-Krueger is ready to send the scofflaws to jail.

But what such a move might ease the burden on her overworked staff, it could work a hardship on Gasconade County government’s operating budget through higher costs for housing prisoners in neighboring county jails — a sobering thought for county officials attending last Thursday’s session of the County Commission.

The issue comes as the county’s Division 4 Associate Circuit Court begins the second year of handling municipal court cases from most of the county’s six cities. With municipal governments taking advantage of a state law and shutting down their own courts, those charged in the cities with municipal ordinance violations have their cases heard in Associate Circuit Court. The influx of municipal cases has made for crowded dockets and extra work for Brehe-Krueger’s staff.

County Clerk Lesa Lietzow told the Commission that Brehe-Krueger has determined that her staff should not be supervising those sentenced to community service and would begin handing out jail sentences. County officials said that even though that might involve only a one- or two-day stay in jail, it could significantly add to the county’s per-day cost for housing prisoners. Crawford and Osage counties charge Gasconade County $35 a day for prisoner lodging, The state reimburses Gasconade County about $23 a day, even though a larger amount has been authorized by state law. 

County administrators thought they had the issue of community service workers resolved in recent weeks after receiving a commitment from officials in Hermann and Owensville to use community service  workers. The cities initially balked at using community service workers, citing liability insurance concerns. But based on the judge’s reported latest consideration regarding city ordinance violators, follow-through by the cities regarding community service workers apparently has not taken place.

Presiding Commissioner Larry Miskel, R-Hermann, said the municipal governments should be working with the court regarding community service workers. “If it’s a city violation, they should go to the cities” for supervision, he said.

Uncollectible taxes written off

In other matters at last week’s Commission session, administrators gave approval to County Collector Shawn Schlottach to write off $16,772 in property taxes deemed uncollectible. The taxes are from the 2017 tax rolls.

“She has no recourse at this point to collect them,” Lietzow told the Commission.

Each year, varying amounts of property taxes from previous years are written off for a variety of reasons, officials said.

Plastic culverts an option

The county’s Road Department will be considering the use of plastic culverts — a growing trend with county road departments and the state transit agency.

“In your area, there are quite a few counties using the stuff,” said Drew Andrade of Advance Drainage Systems (ADS), referring to the gray-colored plastic culverts. The plastic culverts have a 100-year life expectancy, Andrade said.

The plastic pipe is lighter than traditional metal culverts — “Your crews will absolutely love it,” Andrade told the Commission — and the smooth inside makes for fewer headaches for road crews, he said, noting that debris collects on the rivets used to produce the metal culverts. Andrade said MoDOT is using the plastic pipe to “slip-line” a smaller pipe into an existing metal culvert that has become clogged. 

“For the most part, every district is using it,” he said, referring to the plastic culvert pipe, adding that the transportation agency is looking to phase out use of metal culverts.

The commissioners encouraged Andrade to drop off information and talk with Road Department supervisors about the plastic culverts. As with other road materials, Road Department officials make recommendations to the Commission, which has the final say on purchases.

Southern District Associate Commissioner Jerry Lairmore, R-Owensville, endorsed the use of the plastic culverts. “I don’t have a bit of a problem with it,” he said.