Does St. Louis really need an elected sheriff?
That’s the question being posed by some elected officials after a judge temporarily stripped Sheriff Alfred Montgomery from his role on Wednesday.
Circuit Judge Steven R. Ohmer ruled the sheriff could not effectively run the office from a federal jail cell while a move to oust him permanently is ongoing.
The move was a victory for Missouri Attorney General Catherine Hanaway, whose office has been leading the charge for Montgomery’s permanent removal. On Thursday, she said dissolving the office and reassigning its duties would better serve the city.
“It isn't a traditional sheriff's office in the sense that it doesn't have law enforcement responsibility, and there have been some arguments about who's supposed to do what,” she said. “We don't need a sheriff in the city of St. Louis, but we especially don't need this sheriff.”
Many sheriffs across the state are elected, but in those counties — especially more rural ones — the sheriff is often the main law enforcement officer.
Ideas to transform the way the office functions, beyond attempting to define its duties, have been discussed by the Board of Aldermen.
Alderman Tom Oldenburg, of the 2nd Ward, plans to introduce a resolution Friday calling on the state to pass legislation that would transition the office from an elected position to one appointed by the judges of the 22nd Circuit. Such a measure would have to go through the Missouri legislature.
In St. Louis, the sheriff’s duties are relatively limited and include providing courthouse security, transporting detainees, serving legal documents, carrying out evictions and conducting land tax sales. Some deputies also hold state law enforcement licenses. In St. Louis County, where the sheriff’s responsibilities are similarly narrow, the position is appointed by the county executive. In St. Charles County, sheriff is an elected position.
Montgomery told St. Louis Public Radio earlier this month he vehemently opposed making the position one appointed by the mayor.
“These offices are elected for a reason. They are elected to represent you, your voice — not the mayor's voice,” he said. “Can you imagine the corruption that will happen if this office was under one individual? It's a huge problem. It's a recipe for corruption.”
The sheriff was taken into federal custody that same week after being indicted on five federal charges for witness tampering and retaliation. A subsequent audit released by the St. Louis comptroller found widespread financial mismanagement in the office.
If Montgomery is permanently removed, the attorney general said Gov. Mike Kehoe would make that appointment — likely not Mayor Cara Spencer or the Board of Aldermen. “There is no mention of the Board of Aldermen in any of the appointment statutes for sheriff. Nor is there in the Missouri Constitution or the city charter,” Hanaway said. “This is pretty clearly an executive function.”
Board President Megan Green disagreed.
She sent a letter to Spencer on Wednesday saying she would not support any potential selection process that doesn’t include the board. It’s the board’s understanding that selecting a new sheriff would be up to its members, the mayor and the comptroller, she said.
“The integrity of this appointment — and the integrity of the appointment process itself — are essential to reestablishing trust in an embattled office,” she wrote to the mayor. “I share the same commitment you’ve expressed to keeping this decision in the hands of local elected officials, which is why it’s imperative we’re aligned on this matter.”
Spencer did not immediately respond to a request for comment.
Hanaway said Montgomery’s Wednesday removal — even if temporary — was overdue considering the slew of allegations during his tenure.
“Then he tampered with witnesses, retaliated against witnesses, had a burner phone,” she said. “I mean, it's stunning that this guy's been able to do all of this just since January.”
Montgomery will continue to receive his nearly $145,000-per-year salary while in jail.
“Is there a law that can cut off his salary? I am not aware of one,” the sheriff’s attorney David Mason told reporters following Wednesday’s court hearing. “You pretty much have to remove somebody entirely to take their salary. So he's on paid leave. That's how I would put it.”
Montgomery has said the efforts to remove him are the result of a “witch hunt” based on racial and politically motivated efforts, which the attorney general disavowed.
“He's neglecting his duties. It has absolutely nothing to do with anything other than his performance and nonperformance as sheriff,” Hanaway said. “There certainly was no partisan motivation here. It was just that the attorney general's office really cares about the people of St. Louis and that they are getting good service from their elected officials.”
St. Louis Public Radio's Rachel Lippmann contributed to this report.
