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Appeals court again rejects Police Board’s claim to $67M, this time on the merits

A Missouri appeals court dismissed the state-appointed Police Board’s appeal last week for failing to follow proper procedures in requesting an additional $67 million from the City of St. Louis this fiscal year. The board’s attorney, Chris Graville, quickly resubmitted the case.

However, on Monday, the same court rejected the board’s request once more. Judge John Torbitzky indicated in his brief ruling that the city’s existing litigation would be a more appropriate venue for resolving the legal issues Graville was attempting to expedite.

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According to Torbitzky, the Police Board’s filings “raise numerous unanswered questions, including whether these funds can actually be appropriated and used before the fiscal year concludes,” he noted. “In essence, it remains unclear if issuing the writ would produce any meaningful result.”

He further explained, “The City’s fiscal year concludes in eleven business days, including today. This timeframe is insufficient for the parties to thoroughly brief and debate the issues. Numerous questions are already under consideration by the circuit court in a separate case brought by the City regarding fiscal year 2027, where a more comprehensive examination can take place alongside other relevant matters.”

Mayor Cara Spencer addressed the court’s decision Monday night, stating, “The judge made clear that this appeal lacked merit, and we concur with that assessment.”

Police department spokesman Mitch McCoy commented, “The legal process involves multiple stages and other cases are ongoing. We will refrain from additional remarks until the courts provide definitive legal resolution.”

Monday proved eventful for Police Board litigation. In a related case, a Cole County judge largely sided with the board, determining that its establishment did not breach the Hancock Amendment, a constitutional safeguard preventing state legislators from imposing costly mandates on municipalities without state funding.

However, the same judge ruled that a separate provision violated the Hancock Amendment: the requirement compelling the city to cover health and life insurance expenses for retired officers throughout their lifetime after employment ends.

St. Louis residents Jamala Rogers and Mike Milton initiated the Cole County lawsuit. Their legal representation was provided by ArchCity Defenders.

Two additional separate cases challenging the state takeover remain pending—one filed by Aldermanic President Megan Green and another recently filed by Spencer. Judge Torbitzky referenced Spencer’s case as the appropriate forum for determining the city’s police funding obligation. The law establishing state board control mandated an escalating percentage of the city’s general fund be allocated to police. However, the Police Board’s lawyer has argued that general fund includes city reserves and the city’s portion of Rams settlement payments. Spencer’s case sought confirmation that these funds were not revenue sources for the current year and should not be included in the total.

The Police Board subsequently filed its own case asserting those funds constituted general revenue and demanding payment before the fiscal year deadline on June 30. Judge Joan Moriarty ruled unfavorably for them on June 2, leading to the three unsuccessful appeals the Police Board has filed this past week.

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