ӣ����Ƶ

Page spokesman Doug Moore said Cort VanOstran’s appointment needs council approval for him to become prosecuting attorney after Wesley Bell resigns Jan. 2 to take his newly won congressional seat.

But if county councilmembers reject or don’t act on the appointment, Page still has the power to seat VanOstran, Moore said, as an “acting” prosecutor.

“They could either just not vote on him and he would just be there in that position, or they could vote on him and confirm him and the acting title would go away,” Moore said. “And they could vote on him and say no, and he will still be acting prosecuting attorney.”

Councilman Dennis Hancock, a Republican from Fenton who often opposes the county executive, said he didn’t think Page has the right to nominate an interim prosecuting attorney under ӣ����Ƶ County law.

“He can make an appointment and the council approves it or doesn’t approve it,” Hancock said. “There’s nothing there that I’m aware of that he can appoint someone on an interim basis.”

Councilmembers condemned Page’s plan at their regular meeting Tuesday night. Republican Councilman Ernie Trakas, of South County, said the council’s job is to scrutinize and vet candidates.

“The county executive seeks to avoid all that,” Trakas said.

Moore said Page’s office is appointing VanOstran, regardless.

“This is an opportunity to ensure this transition is a smooth one,” Moore said. “The intention is to make sure there’s not a leadership vacuum.”

A court will likely decide whether Page’s plan is legal or not, said Richard Middleton IV, an attorney and professor of political science at University of Missouri-ӣ����Ƶ.

“If you are the county executive and you’re determined to appoint someone as an interim, you certainly can,” Middleton said. “It doesn’t mean that it’s legal. It just means that you’ve acted upon what you said you were going to do. It’s going to take a lawsuit, that will probably be filed, to stay or stop an appointment until the lawsuit can be determined.”

“There will be a quick rush to the court to request an injunction,” he added.

If appointed, VanOstran would serve in the position until January 2027, when Bell’s current term ends. VanOstran could run for election to the office to keep it.

Some councilmembers have so far showed reluctance to even consider Page’s pick.

Council Chair Shalonda Webb said it’s premature to consider nominees before Bell resigns.

“It’s about making sure we follow a process,” Webb said on Tuesday.

The county executive already faces a lawsuit from Missouri Attorney General Andrew Bailey claiming Gov. Mike Parson gets to name the next prosecuting attorney, not Page. Page ignored Bailey’s lawsuit last week when he named VanOstran as his pick to finish Bell’s term.

Neither Bailey nor Parson’s offices immediately responded to requests for comment Tuesday.

Meanwhile, a hearing in the case has been set for 9 a.m. Dec. 18. in ӣ����Ƶ County Circuit Court, and attorneys in Page’s administration are fighting the lawsuit.

The county counselor’s office hired ӣ����Ƶ law firm Lewis Rice to help with the case.

Some councilmembers are resisting that decision too.

The county’s top attorney, Dana Redwing, needed council approval to hire Lewis Rice, four councilmembers wrote in dated Monday.

Webb, the council chair, plans to introduce her own legislation to represent the county in the case. Smith has served as a municipal attorney in ӣ����Ƶ County and defended Webb when she faced litigation from the county after first taking office, Webb said.

But Redwing said her office has the power to hire Lewis Rice, and plans to keep the firm involved in the Bailey case.

Separately, the council is laying the groundwork to hire its own attorney after voters approved the move in November.