MEMO To: Mayor Ron Counts, Arnold City Council, Diane Waller and Chief Shockey

From: Robert K. Sweeney

Subject: Borgelt – January 22, 2013 email/Election

Date: January 24, 2013

“Ready, shoot, aim”, Ms. Borgelt’s mode of operation as a council member has transitioned nicely to her campaign. Ms Borgelt’s accusations will be addressed below, but preliminary comments are necessary: First, as alluded to in my introductory sentence, Ms. Borgelt has once again declared facts and the law without finishing her “research” or asking questions of those who know and those whom she accuses. Second, if this memo is disseminated it must be done so in its entirety. If not, I will seek a restraining order and injunction against the person or persons making a partial release. That restraining order and injunction will seek all costs, including attorney fees. In short, this entire memo may be released or none of it. This is done to ensure that Ms. Borgelt and/or her minions do not distort the contents.

Ms. Borgelt’s allegation that both Mr. Missey AND Mr. Counts must be removed from the ballot or remain on (i.e. they cannot be treated differently)

Ms. Borgelt made this allegation late yesterday evening (after 10:00 p.m.) in an email to me. However, she made this allegation much earlier in the day on her Facebook page and almost certainly on other Internet locations. More accurately, she boldly stated that Mayor Counts should not be allowed on the ballot because Com Star Group, Inc., a corporation in which Mayor Counts is an officer, had not paid its taxes to the Jefferson County Assessor. She also made allegations against Mayor Counts’ brother, who is an officer in the corporation, but not a public figure. As usual, Ms. Borgelt was wrong in her allegations/proclamations. First, and foremost, she was wrong because Com Star Group, Inc. actually had paid its taxes. The Assessor was simply slow or delayed in recording those payments to the public record. Ms. Borgelt, in classic “ready, shoot, aim” style did not wait for the final reporting. Instead, gleeful that she had “caught” the Mayor not paying taxes, immediately began ranting that he should be removed from the ballot. The usual suspects echoed her rants: Matt Hay, Bob Hohmeier and a couple others. Second, even if Com Star Group, Inc. had not paid its taxes that failure does not disqualify an officer. A corporation is a separate entity under the law. Also, a corporate officer is only disqualified from running for office for a corporate failure to pay taxes “if the person is a past or present corporate officer of any fee office that owes any taxes to the state.” Section 115.342.1 RSMo. Com Star Group, Inc. is an auto body repair business, not a fee office. Of course, Ms. Borgelt abhors the details and nuances of the facts and law.

Page 2

January 24, 2013

Even more interesting is Ms. Borgelt’s attempt to equate the Mayor’s corporate activity of paying taxes with the actions of Mr. Missey. The evidence uncovered by the City Clerk determined that Mr. Missey has actively evaded paying his taxes. Specifically, Mr. Missey purchased a vehicle in November 2011. He failed and refused to report that vehicle to Jefferson County in 2012. Mr. Missey obtained two-year plates in 2011, which allowed him to avoid declaring the vehicle for tax purposes. In short, Mr. Missey is apparently engaged in a marginally complex scheme to defraud the taxing authorities by rotating his vehicles and getting multi-year licenses; therefore, never declaring ownership of a vehicle. The City offered Mr. Missey the opportunity to explain this apparently fraudulent activity. To my knowledge, his response has not satisfied the City Clerk or the County authorities. At first blush, second blush and every other blush, Ms. Borgelt’s undisciplined zeal has led her to the wrong conclusion, has allowed her to defame officials, staff and the general public (she defamed Mayor Counts’ brother in her public declaration regarding Com Star Group, Inc.), and once again has cost the City of Arnold time, energy, effort and resources. I would also add that she has embarrassed herself and the City, but she clearly knows no shame.

CONCLUSION The situations of Mayor Counts and Mr. Missey are not similar and, as such, do not warrant like action. The Clerk has diligently and dedicatedly reviewed and analyzed the various election situations and reached her conclusions without partisanship. I suspect that this attack is further retaliation for the Clerk’s participation in the Boone/Moss matter.