A Platte County judge last week ruled the county commission has the authority to not levy the voter-approved children’s mental health services tax.
Early last year, the coalition came before the commission to ask it to place a quarter-cent sales tax on the ballot to support expanded mental health services for residents under 19 years of age. Commissioners declined. In June, the coalition submitted approximately 8,400 signatures to the Platte County Clerk’s Office to place a quarter-cent sales tax initiative on the Nov. 5 ballot. This, too, was declined, until the court ordered the Board of Elections to place it on the November ballot. There, it passed with 56 percent of voters approving of the new tax.
Then, on Monday, Dec. 16, 2024, commissioners voted unanimously to not levy the tax, after a contentious two-hour commission meeting, with many members of the public speaking out in support of the tax.
County attorney Rob Redman said commissioners could choose not to levy the tax due to the language in state statute, that said the county commission “may” levy the tax. This language implies the commission may also chose to not levy the tax.
In a ruling filed Tuesday, April 1, Judge Megan Blair Benton agreed with the commission’s interpretation of the language in the state statute.
“The plan language of (the statute) gives the commission discretion to levy or not to levy the tax after voter approval,” Benton wrote.
The judge further stated that not only did the statute give the commission discretion in whether or not to implement the tax, but that also the original ballot language only gives the commission authorization to levy the tax, meaning “to give official permission for something to happen, or to give someone official permission to do something,” she wrote, quoting the definition of the word from the Cambridge Dictionary.
“Thus, the plan language of the ballot question makes clear that the vote gave the commission permission to levy the tax. This permissive language confirms the discretionary nature of the commission’s actions,” she wrote.
The commission was pleased by this outcome, as stated by presiding commissioner Scott Fricker.
“We’re happy with the court’s decision and we will continue to fight for Platte County taxpayers whenever we have the opportunity.” he said.
The Platte County Democratic Central Committee issued a statement on the court’s ruling as well:
“On Tuesday, April 1, 2025, Platte County voters received the disappointing news that our votes can legally be disregarded by our elected county commission. This is a dangerous step in the history of our democracy. In November, 57% of Platte County voters approved a Children Services Fund which was promptly rejected by the Platte County Commission. Our votes are being attacked from the federal, state, and local levels by the Republican Party who believe they know better than the voters. Election Day 2026 is just a little over a year away, when we the people can elect local officials that will respect the will of their constituents.”