Lincoln County Journal

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Ethics commission files consent orders in three cases from Lincoln County

Posted on Monday, April 22, 2013 at 1:05 pm

The Missouri Ethics Commission filed three consent orders earlier this month involving complaints originating out of Lincoln County. Two involved members of the Public Water Supply District No. 2, Charles Day, president and Nathan Day, director.

The commission assessed fees against both. Charles Day was assessed a fee of $25,000  and Nathan Day was assessed a fee of  $11,223,  However, if  paid within 45 days of the date of filing, only a portion must be paid to the Ethics Commission, If any further violations are found and proven within a two-year period, the entire amount of the fee will be payable.  The amount due within 45 days for Charles Day is $5,000 and for Nathan Day ($2,240)

Issues against Day, the president, included in a state audit in 2004, included his monthly stipend for conducting district business; failure to provide documentation on mileage, gasoline, cell phone expenses and no division of personal use from business related activities expenses of the vehicle provided by the district. These were filed in the joint stipulation of facts. Another concern was whether he abstained from voting for his reimbursement.

The district does not require the board president to document his actual costs for district reimbursements he receives. He has been receiving a monthly expense allowance since 2004. State statutes say the directors shall serve without pay said the audit.

“I fought hard for the district, working for the people in order to get water and sewer to all areas,” said Day. “We currently are in the process of a sewer project. Now, due these findings, the board will have to go a different route in getting easements and other related efforts in the project. I, however, have told the people along Route H that I would work to get them sewers to address their problem. I will not go back on my word. I have worked hard, often on my own time and personal expense, for the benefit of the district and its patrons.”

Day intends to remain president as the board reorganizes following the April election.

Complaints on Nathan Day was for compensation for work done for the district by his business D&D Truck Services without, often times, proper bidding process.

The third complaint was against  Kristen Burkemper and  Burkemper for Treasurer Committee. The order stated there was ‘probable cause that the committee failed to file a statement of committee organization within 20 days of becoming a candidate committee.”

A fee was imposed with a percentage owed if paid within 45 days of the filing date.  The fee was in the amount of $1,000 but only $100 will be assessed if paid within 45 days.