A Missouri appeals court dismissed the state-appointed Police Board’s appeal last week for failing to follow proper procedures in its demand for an additional $67 million from the City of St. Louis this fiscal year. The board’s attorney, Chris Graville, promptly refiled the case.
However, the same court rejected the board’s request again on Monday. Judge John Torbitzky indicated in his brief ruling that the city’s previously filed lawsuit would be a more appropriate venue for resolving the legal issues Graville was seeking to expedite.
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The Police Board’s filings “leave numerous unanswered questions, including the practical ability of these funds to be appropriated and put to use before the end of the fiscal year,” he wrote. “In other words, it is unclear whether issuance of the writ would have any practical effect.”
Torbitzky noted, “The City’s fiscal year ends in eleven business days, including today. This is an inadequate time for the parties to fully brief and argue the issues. Many of these same issues remain pending before the circuit court in separate litigation filed by the City regarding fiscal year 2027, where they can be considered in full and in conjunction with related issues.”
Mayor Cara Spencer commented on the ruling Monday evening, stating, “The judge commented that this appeal didn’t make any sense and we agree.”
Police Department spokesman Mitch McCoy responded, “Litigation involves many steps and other suits are underway. We will withhold comment until there is ultimate legal clarity.”
Monday brought significant litigation activity regarding the Police Board. A Cole County judge largely sided with the board, determining that its creation did not violate the Hancock Amendment, a state constitutional provision preventing the state legislature from imposing laws on municipalities that increase expenses without providing corresponding funding.
The same judge, however, determined that another provision violated the Hancock Amendment: the requirement that the city fund health insurance and life insurance for retired officers for their entire lives after they leave the force.
St. Louis residents Jamala Rogers and Mike Milton filed the Cole County lawsuit, represented by ArchCity Defenders.
Two additional separate legal challenges to the state takeover are ongoing—one initiated by Aldermanic President Megan Green and another more recent suit filed by Spencer. Judge Torbitzky referenced Spencer’s lawsuit as the appropriate forum for determining police funding obligations. Although the law returning police department control to a state board mandates an increasing percentage of the city’s general fund go toward police, the Police Board’s attorney claims the general fund encompasses city reserves and the city’s share of Rams settlement funds. Spencer’s lawsuit sought to establish that these funds were not revenue this year and should not factor into the total.
The Police Board subsequently filed its own lawsuit asserting that this money constitutes general revenue and demanding payment before the June 30 fiscal year deadline. Judge Joan Moriarty ruled against the board on June 2, leading to the three unsuccessful appeals the Police Board has filed over the past week.
