Mayor Sly James issued the following statement today in response to a lawsuit filed in Jackson County Circuit Court:
“This is another one of Clay Chastain’s antics. He’s been pulling these types of stunts in Kansas City for years, and people see right through it.
“At the time that I signed the required affidavit to run for office, I was not aware of any tax delinquency. When I learned later that tax was delinquent, I promptly paid it.
“My late payment was due to a misunderstanding related to acquisition of a new vehicle. Several taxes and fees were paid when we registered the vehicle. When I learned that some taxes were not collected at the time of vehicle registration, I promptly paid the amounts due.
“I’m going to focus on doing my job and let him focus on legal theatrics.”
Note to editors and reporters: Following are state statute and City Charter provisions pertinent to this matter:
115.342, RSMo
Disqualification for delinquent taxes–affidavit, form–complaints, investigation, notice, payment of taxes
1. 1. Any person who files as a candidate for election to a public office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state.
2. 2. Each potential candidate for election to a public office shall file an affidavit with the department of revenue and include a copy of the affidavit with the declaration of candidacy required under section 115.349. Such affidavit shall be in substantially the following form:
AFFIRMATION OF TAX PAYMENTS AND BONDING REQUIREMENTS:
I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or that I am a past or present corporate officer of any fee office that owes any taxes to the state, other than those taxes which may be in dispute. I declare under penalties of perjury that I am not aware of any information that would prohibit me from fulfilling any bonding requirements for the office for which I am filing.
………………………… Candidate’s Signature
………………………… Printed Name of Candidate.
3. Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state, the department of revenue shall investigate such potential candidate to verify the claim contained in the complaint. If the department of revenue finds a positive affirmation to be false, the department shall contact the secretary of state, or the election official who accepted such candidate’s declaration of candidacy, and the potential candidate. The department shall notify the candidate of the outstanding tax owed and give the candidate thirty days to remit any such outstanding taxes owed which are not the subject of dispute between the department and the candidate. If the candidate fails to remit such amounts in full within thirty days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all of the outstanding taxes that were the subject of the complaint.
City Charter Sec. 204(b).
Qualifications for membership on the Council, including as Mayor.
To be elected or appointed to the Council, including as Mayor, a person shall meet the following requirements: . . . (b) Current on all city taxes or municipal user fees, as attested by the candidate to the City Clerk in a form prescribed by the Director of Finance;
