Why Missouri isn’t investigating complaint about KC-area senator’s church donations
After The Star revealed last year that Jackson County pastor Joe Nicola used money from his church to help fund his successful campaign for Missouri Senate, Brad Ketcher felt Nicola needed to be held accountable.
“It was very clear that Nicola and his church had violated the state ethics law and done it in a flagrant way,” Ketcher, an attorney who previously worked in the Missouri Governor’s Office under former Democratic Gov. Mel Carnahan, said in an interview.
But Nicola, now a Republican state senator, might be able to escape that accountability, Ketcher said.
Ketcher in January filed a complaint of ethical misconduct against Nicola with the Missouri Ethics Commission, a watchdog panel that enforces the state’s campaign finance and ethics laws.
The complaint, obtained by The Star, alleged that Nicola either treated his church, New Covenant Ministries in Independence, as a political action committee and did not follow reporting requirements. Or he used it to potentially hide the identity of his donors and should face an audit and possibly be referred for criminal charges, the complaint said.
But earlier this month, Ketcher saw a letter on the agency’s website saying that his complaint was thrown out because the state doesn’t have enough commissioners to investigate it. The complaint was one of 17 others that have been dismissed this year as the commission remains hobbled by vacancies.
For Ketcher, the commission’s inability to investigate complaints — or even hold meetings — is allowing Nicola to skirt potential responsibility. He said he also worries about complaints against other officials that may be ignored.
“That’s very troubling that, you know, people who have concerns about the enforcement of the ethics law are not getting those complaints dealt with in a forthright way,” Ketcher said.
Nicola, who hails from Grain Valley and represents portions of the Kansas City-area in the state Senate, did not return a call and text message seeking comment for this story.
While the agency did not take action on his initial complaint, Ketcher has filed a new one in the hopes that Republican Gov. Mike Kehoe appoints individuals to fill the vacancies on the commission.
The complaint is based on reporting from The Star, which revealed that the church Nicola founded had donated money to a political action committee that supported his candidacy on several occasions.
The nature of the donations, The Star found, was largely unheard of in Missouri politics and raised questions from legal experts who pointed to the fact that federal law bans churches and other charities from engaging in political activity.
In defense of the donations, Nicola has said that his church, while a registered state nonprofit exempt from local taxes, could contribute to the PAC because it was not registered federally with the Internal Revenue Service as a 501(c)(3) organization.
Ketcher’s complaint, however, sidesteps that issue and focuses solely on Missouri campaign finance laws. The complaint alleges that either Nicola has treated his church as a PAC itself, which would trigger strict reporting requirements, or Nicola “laundered contributions” through the church to conceal the true donors.
While Nicola did not respond to questions from The Star, he told The Missouri Independent that Ketcher’s complaint was “ridiculous.” The outlet reported that Nicola said he does not believe the donations were against state regulations.
Stacey Heislen, the commission’s executive director, did not return a call for comment. The commission investigates complaints in secret and typically does not comment on complaints or confirm a complaint’s existence.
Ethics Commission hobbled
The Nicola complaint is far from the only one that has languished due to the state commission’s inability to investigate.
Missouri law requires the six-member commission to complete an investigation within 90 days after receiving a complaint. At least four members are required to investigate and vote on any action related to the complaint.
But as of this week, only two individuals currently sit on the panel. The commission long struggled with vacancies under the tenure of former Gov. Mike Parson. That issue has continued under Kehoe, who took office in January and has yet to appoint new members.
Kehoe spokesperson Gabby Picard, in a statement to The Star, pointed to the fact the commission already didn’t have a quorum when Kehoe took office. The office “has not received any eligible nominees to serve on the commission” this year, she said.
The members of the commission must represent each of Missouri’s eight congressional districts. While serving as a commissioner, members cannot serve in state or local government, register as lobbyists, serve as an officer in a political party or donate to political candidates.
State law requires that within 30 days of a vacancy, congressional district committees of both major parties in Missouri must submit to the governor the names of two eligible nominees.
The Republican governor has requested the Missouri Republican Party and the Missouri Democratic Party work with their congressional district committees to submit eligible nominees to fill the vacancies, Picard said.
“Requirements for MEC appointments are stringent, and this can make finding qualified and interested candidates difficult,” she said. “Governor Kehoe looks forward to considering eligible nominees once they have been submitted to our office.”
Once Kehoe names his appointments to the commission, those appointees would have to be confirmed by the state Senate. That could give Nicola the power to vote on individuals who would be in charge of investigating the complaint against him.
“He absolutely should recuse himself” from the vote, Ketcher said. “He should not be voting for the commissioners that will serve as his jury on this matter.”
For his complaint against Nicola, Ketcher reiterated that he was able to file it again after the 90 days lapsed. But he said he’s concerned about other complaints that are at risk of being dismissed due to the commission’s critical vacancies.
“Elected officials, candidates, you know, other government officers may be avoiding accountability for much bigger issues simply because the statute of limitations runs out while there is no ethics commission quorum,” he said.
This story was originally published April 25, 2025 at 6:00 AM.
