Tim Montgomery is not eligible to run for a Ward 2 Festus City Council seat in the June 2 municipal election because he owes delinquent taxes, Festus City Administrator Greg Camp said.
Ballots were printed months ago, with Montgomery’s name included, but even if he receives more votes than his opponent, incumbent Ward 2 Councilman Brian Wehner, Montgomery will not be eligible to fill the two-year Ward 2 term, Camp said.
Montgomery contests that conclusion.
Camp issued a statement saying the city had received notification April 14 from the Missouri Department of Revenue that Montgomery “had failed to comply with the Missouri Election Statute that requires all candidates not be delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, and real property taxes.”
Camp’s statement said DOR notified Montgomery of the delinquency by letter and he was provided 30 days to pay the delinquent taxes.
“DOR has notified the city that he failed to do so,” Camp’s statement said.
Camp said the Department of Revenue did not specify what taxes Montgomery failed to pay, only that he had failed to pay government taxes.
“Clearly, by the Department of Revenue, he has been disqualified,” Camp said.
Montgomery, a former Festus councilman, said he was unaware he owed any taxes and was seeking verification with DOR before making any payment. He said the amount in dispute is $2,000.
“I’ve got to make sure I owe the money,” he said. “I don’t know what they’re talking about. All of a sudden they said I owe $2,000.”
On Monday, Montgomery said he planned a trip to Jefferson City to get to the bottom of it.
The municipal election – which will fill seats on local boards that oversee cities, schools and districts and agencies that provide governmental services – originally was set for April 7, but was postponed until June 2 because of health concerns tied to COVID-19.
Camp said the city would follow state statutes in filling the council seat.
“If a qualified candidate receives the most votes for the Ward 2 council seat at the June 2 election, that candidate will receive a certificate of election and be seated in accordance with Missouri law,” Camp said.
“If Mr. Montgomery were to receive the most votes despite his disqualification, the vacant seat will be filled in the manner prescribed by Missouri law.”
Festus Mayor Sam Richards would make an appointment to fill the vacant seat, with the appointment to be confirmed by the City Council, Camp said.
Camp said the state Legislature made a change in 2018, giving DOR oversight on candidates’ eligibility.
“Previously, the city clerk would determine if a candidate were eligible or not based on whether they had paid their taxes,” Camp said.
Camp said Festus officials vetted all candidates for the election in the same manner and Montgomery was the only one the Department of Revenue found to owe taxes.
The city filed an ethics complaint against Montgomery, alleging he had committed perjury by attesting in his paperwork to file for election that he did not owe any taxes.
Montgomery has been critical of Festus city government practices and filed a Sunshine Law complaint against the City Council that led the Missouri Attorney General’s Office earlier this year to urge Sunshine Law training for city officials.
Montgomery said the ethics complaint against him was a retaliatory move.
“It looks like they’ve got a vendetta against me,” he said. “(Camp) accused me of perjury. That’s not correct. I didn’t perjure myself. I wasn’t aware of it (any potentially unpaid taxes). Perjury is knowingly telling a lie or breaking an oath.
“With COVID-19, a lot of people are not even at work in Jefferson City. I’m still fighting it. I’m working to straighten it out.”
Camp said he was told by the state Ethics Commission that DOR had precedence in the Montgomery matter, so the ethics complaint has been dropped.
The Missouri Department of Revenue declined comment.