The Clay County prosecutor alleged Tuesday that the mayor of Mosby has a prior felony conviction that disqualifies him from holding office.
Prosecutor Daniel L. White filed a “petition in quo warranto” to remove Kent Kavanaugh as the mayor. In the petition, White said that Kavanaugh, who was elected mayor in the municipal election in April, pleaded guilty in 1994 to two felonies in Randolph County.
Kavanaugh could not be reached for comment Tuesday.
According to court records, Kavanaugh fraudulently tried to obtain acetaminophen with codeine as well as Vicodin. Both are controlled substances, White said.
Kavanaugh was sentenced to three years in prison but the judge ordered the prison term be suspended and placed Kavanaugh on three years probation.
“This conviction means Kavanaugh cannot hold office,” White said.
Mosby is a small community in the northern portion of the county, just outside of Excelsior Springs.
Kavanaugh filed as a write-in candidate Jan. 25 and was elected mayor in the city’s municipal elections April 3. When he filed, he declared in a sworn statement that he was qualified for office.
A Missouri statute says no person shall qualify as a candidate for elective office if he or she has been convicted of or pleaded guilty to a felony, White said.
“This is something we take seriously,” he said.