Platte County voters passed a tax for youth mental health. Commissioners refuse to enact it

Despite voters petitioning to get a question on the ballot and then soundly approving it, Platte County may not implement a sales tax to expand mental health services for kids and teens after all.

That’s because the county commission is refusing to enact the tax that would have established a Platte County Children’s Services Fund.

In a Monday morning meeting, commissioners said they have the option to override voters’ will and not institute the tax because of a technicality in the language that appeared on the ballot last month and in the state law regarding these types of taxes.

They argued that the ballot question “authorized” the county to implement the tax but didn’t require it to, in effect leaving the decision up to the commission.

After over an hour of public comment, the three-member, all-Republican commission unanimously voted to reject the voter-approved tax.

“We need lower taxes and more freedom, not higher taxes and more government interference,” said Joe Vanover, the Second District commissioner. He continued to say it would be unfair to take more money from “cash-strapped families” every time they go to the store to buy something with a new sales tax.

“We should not turn over to a government committee of unelected know-it-alls the decision on how to spend a never-ending stream of millions of dollars,” Vanover said, referring to the commission-appointed board that would manage the money from the tax. He went on to say that every parent knows that health insurance covers mental health care, after which the room erupted in outrage with some residents yelling that their insurance does not cover mental health needs.

Tension over tax

The decision comes after a long back-and-forth between the commission and local mental health advocates over the tax.

In November, 56% of county voters approved the creation of a Children’s Services Fund that would add a quarter-cent sales tax, which would raise nearly $5 million a year, according to figures from the coalition that campaigned for the tax.

The question asked voters for a tax increase to help fill gaps in available mental health screening, treatment and other services for kids and teens in the Northland.

The money collected would be managed by a board of community members, whom commissioners would appoint, and an outside auditing firm. Nonprofits and schools would be allowed to apply for grants from the tax money. Clay County, Jackson County and five other counties across Missouri also have similar tax funds for children’s services.

Commissioners have long opposed such a tax and have already tried to stop it. In April, they refused to put the question on the ballot themselves, insisting that government involvement in things like mental health should be limited.

Supporters, including nonprofits Beacon Mental Health, Feed Northland Kids and Synergy Services, formed a coalition to gather signatures to put the tax on the ballot through a petition process instead.

The campaign collected about 8,000 signatures in six weeks, 3,500 more than the required number. Still, the commission refused to put it before voters. In August, a judge ordered Platte County and its Board of Elections to place the Children’s Services Fund question on the ballot.

‘Our voice doesn’t matter’

Dagmar Woods, the commissioner for the First District whose term ends at the end of the year, said she was pleased to reject what she described as a “regressive tax” that would hurt families with lower household incomes.

She said she worried about the cost to vulnerable residents and also had concerns about the possibility of corruption and political activism from the nonprofits that would benefit from the sales tax. Woods criticized a lack of oversight for similar boards in other Missouri counties, referencing an instance of alleged fraud in Lafayette County.

“Because of these considerable concerns I cannot think of a better way to end my term as commissioner than by protecting struggling children, families and taxpayers by voting to not enact this new tax,” she said.

The Platte County courtroom was packed wall-to-wall Monday morning with residents filling nearly every seat.

The public comment section went on for nearly an hour and a half, with dozens of speakers signed up. Many community and elected stakeholders spoke, including Tom Petrizzo, the CEO of Beacon Mental Health, and Missouri Democratic Rep. Ashley Aune.

Some residents characterized the commissioners’ decision as antidemocratic.

“The commissioners have decided our voice doesn’t matter, and this should bother everyone no matter their vote,” said Platte County resident Lorene Osterhaus. “This board has told us our vote does not count.”

Others connected the county’s mental health needs to other issues in the community.

“Thinking long term, implementing this tax the public clearly supports might address the jail overcrowding issue that you are so concerned about,” said Platte County resident Brandon Woody, alluding to the commission’s efforts to expand the county jail despite voter opposition to previous attempts.

He said the Children’s Services Fund tax would ensure Platte County can support and value its youth.

Can the commission override voters?

Before public comment and the commissioners’ vote, presiding commissioner Scott Fricker called upon the county’s legal counsel to explain how the commission has weighed if they have the authority to reject the tax.

“In our opinion (it is) a discretionary statute that does not mandate the tax to be imposed,” county counselor Rob Redman said.

Redman zeroed in on one key word in the state law to justify the commission’s decision: may. He read from the law, “The governing body of a city not within a county, or any county of this state may, after voter approval under this section, levy a sales tax.”

“We’ve tried to be very transparent in this situation,” Redman said. “It is discretionary, and it is up to the commission after being authorized by the public pursuant to initiative petition. Now it’s up to the commission.”

Several legal experts were unsure of the county commission’s interpretation of the law.

James Layton, the former Missouri Solicitor General, told The Star that the statute was not written for a commission to refuse to implement the tax after voter approval.

“(The statute) says that if you have the tax then the governing body shall appoint a board of directors,” said Layton. “So the language appears to be mandatory once the ballot measure passes.” He said the legal debate would be over if the word “shall” compels the commission to enact the tax.

Michael Wolff, a retired Missouri Supreme Court Judge from St. Louis County, also questioned the county’s take.

“I think the statute authorizes them to say no once, but I don’t think it authorizes them to say no against the will of the voters,” Wolff said.

Wolff said the commission exercised its right to refuse to put the tax on the ballot, but the petition and voter approval should allow it to be implemented.

“I don’t think the legislature would authorize the citizens to go through this whole ordeal of gathering signatures, passing their proposition on the ballot for the commission then to say ‘no,’” said Wolff.

The commission’s decision means the tax will not be enacted. It’s unclear if it will face legal challenges.

As residents left the room following Monday’s meeting, several of them shouted, “See you in court!”

This story was originally published December 16, 2024 at 3:21 PM.