Ballwin Waits to Appoint Replacement Prosecutor

The Ballwin Board of Aldermen held off on confirming the mayor’s nominee for a prosecuting attorney, citing questions about the nominee’s résumé and concerns related to the previous attorney’s resignation.

Although the nominee, David Porta of Ballwin, is expected to serve as the city’s interim prosecutor, aldermen said they won’t confirm the mayor's selection until those concerns are quelled.

“To say it was professional would be a real push,” Alderman Ron Markland said of Porta’s résumé, citing handmade corrections. “If someone came to your company with a résumé like this, you wouldn’t accept it. You wouldn’t hire them.”

Until a permanent appointment is made, the board’s interim prosecutor is expected to receive a $2,200 monthly stipend. The contract also likely will come with a $160 per hour rate for “certified” cases, which include cases where a defendant requests a jury, or cases involving the city in a venue outside municipal court.

RECENT HISTORY

Porta has lived in Ballwin for 18 years, and served as an alternate on the city’s Board of Adjustments for roughly three years, and as a permanent member for about four months. In addition to private practice, Porta brings experience from the St. Louis County Prosecuting Attorney’s Office.

Alderman Michael Finley said he's optimistic that Porta’s nomination is a good one.

“But I feel like I have to do my due diligence and ask some questions,” Finley said. “Especially considering the recent history, I think there should be some time to deliberate.”

Porta said he understood the board’s desire to scrutinize his nomination. In 2009, former city prosecutor George “Dick” Fox resigned after sexually explicit images of minors were recovered from Fox’s computer. Last month, Fox’s successor, following reports about disciplinary action against him by the state supreme court related to a recent mistrial.

“It’s their vote, and they need to take it seriously and they do, so I have no problem with meeting with them,” Porta said. “I’m an open book. I’ve got nothing to hide.”

In fact, Pogue said he would have asked Porta to attend the council’s last session when the board moved forward with an interim contract, but decided against it because the gathering fell on a holiday.

“Mr. Porta was willing to come to the meeting, but I gave him the night off since it was Valentine’s Day," Pogue said.

Pogue added that that although Porta hasn’t prosecuted on behalf of a city, he still has prosecution experience.

“He’s got criminal prosecution background all the way up to a grand jury level. He’s worked in the County Prosecuting Attorney’s office. He’s a very well-qualified candidate," Pogue said.

HIRING PROCESS

Alderman Frank Fleming said he was sympathetic regarding Porta’s résumé because of the rush to replace his predecessor. Cheung resigned Jan. 27, one day after on pending disciplinary actions. On Feb. 3, Mayor Pogue requested that Fleming meet with Porta to discuss the opening, which Pogue and Porta did the following day, Fleming said.

“And because the situation with Keith (Cheung) was pretty unexpected, when you called him or (if you) called me out of the blue and said, ‘Can you be out here with a résumé real quick,’ I probably don’t have an electronic résumé that I can just print you off,” Fleming said. “I’d probably have to grab an old printed one and come as I was, so to speak.”

Fleming said he agreed with Markland, however, in that the hiring process leading up to that discussion was ambiguous.

“And that was a little bit unclear when we looked at how we hired Keith Cheung in the past (too) when I looked at the ordinance and I looked at the actual agreement," Fleming said, adding that he also sought to confirm that the city was not required to publicly advertise the opening.

City Administrator Bob Kuntz said at that meeting that he received "three or four" résumés from interested applicants, although neither Kuntz nor Pogue elaborated on the nomination process.

Porta said he first discovered the opening after a recent conversation with Ballwin Municipal Judge Virginia Nye. Shortly thereafter, he said, Porta contacted Kuntz, then met with the mayor.

“It was probably two days, tops,” Porta said of the length of time between his first contact with Kuntz and his meeting with Pogue. “But I know that when I made the appointment, by the time I got out there … It was just a matter of days."

Under the terms of an interim appointment, Porta is expected to serve as the city’s prosecuting attorney until a permanent appointment is made, which could happen at the Board of Aldermen meeting scheduled for 7 p.m. on Monday, Feb. 28 at the . Porta said Tuesday he will be in attendance.