Candidate for 2nd Ward councilmember says ‘the math ain’t mathin” in Tuesday debate with mayor, city attorney

HANNIBAL — A robust debate on funding disparities and retention issues at the Hannibal Fire Department (HFD) dominated Tuesday night’s Hannibal City Council meeting.

However, the sparring match between April Azotea, a candidate for 2nd Ward councilmember, and two of the city’s most authoritative voices, city attorney James Lemon and Mayor Barry Louderman, was equally as lively.

Louderman called Azotea, who frequently attends and repeatedly speaks at council meetings, to the podium at the beginning of the meeting. She had requested to speak ahead of time. Louderman and Lemon then repeatedly clashed with Azotea from that moment.

“Two things before you start,” Louderman began. “I see you have a long list of things on here that you put on the agenda. Pick one that you want to talk about tonight.”

“Actually, it’s against the law —” Azotea began.

“Actually, it’s not,” Louderman interjected.

“It is, because you’re depriving me of my First Amendment rights,” Azotea said. “Several cities, city councils and mayors have been sued for cutting people off.”

Multiple lawsuits have been filed by community members against local governing bodies for “cutting people off” in recent years. One such suit was filed against the city of Surprise, Ariz., by a woman who was verbally cut off by the city’s mayor as she was criticizing a pay raise for the city’s attorney. Another was filed by a man in Cleveland, Ohio, whose mic was cut off as he made comments critical of the city’s fundraising efforts.

The legs of the suits depend on the rules determined by each governing body. Public commenters are largely free to use the time as they wish, as long as they abide by the rules set forth by the governing body about public comment ahead of time.

“The things that you asked to be put on the agenda are not things that you’re requesting action by the city. With respect, they are things that are public comment,” Lemon said to Azotea during the public comment portion of the meeting, as outlined in the meeting’s agenda. 

“No, I’m asking for —,” Azotea said. 

“Let me finish,” Lemon continued. “It is perfectly appropriate for the council to limit public comment to a particular period of time.”

“But nobody else, just for me?” Azotea asked.

“That is the policy that was established. That is not correct,” Lemon said in reference to Azotea’s assertion. “The policy that was established is that there is a three-minute time limit. There is a provision that you can request an extension. The council is not obligated to do that.”

Lemon then reminded Azotea of the significant number of meeting attendees in the room and that they had a lot to get through.

Azotea submitted five public comment request forms ahead of Tuesday night’s meeting. The forms indicate:

• The deadline to submit is 4 p.m. on the Thursday before the meeting.
• Speakers must register using their residential address and residing ward (if applicable).
• Speakers are limited to a maximum of a five-minute presentation.
• Speakers must adhere to the subject matter (as specified by the petitioner in the “subject matter” field of the request form).

The section labeled as “PUBLIC COMMENTS” on council meeting agendas is accompanied by a small description: “3 minutes/Sign up required.”

The five subject matters Azotea submitted request forms for were:

• budget
• insurance
• communication with community
• job descriptions of city workers
• city evaluations

On the last form she submitted, Azotea made a note: “Please put me at the end so I don’t hold up any other speakers.” 

“The council is not obligated to allow you to do a campaign speech,” Lemon said.

“By no means am I,” Azotea responded.

“(The council) can do as they wish. It is not illegal to tell you that you can’t monopolize a half hour of time tonight. You have the right to speak publicly, and the council has given you that right,” Lemon said.

Lemon claimed Azotea was “demanding that the council put things on the agenda,” an action he claimed was “ridiculous.” Azotea said she was not attempting to alter the agenda but simply attempting to speak on things during the public comment portion of the meeting that she had already requested to speak about.

After more back and forth, Lemon said to Azotea, “You are not a member of this council, although you are certainly running for it. If you wish to campaign, perhaps you should have a candidate forum.”

“Again, I’m not campaigning,” Azotea insisted.

“I’m not going to debate you any further,” Lemon said.

Azotea eventually spoke about a concern related to audio and video, noting persistent issues with microphone volume. She also said some council members did not speak into their microphones well enough for meeting attendees and viewers of the meeting’s video recordings on YouTube to hear them.

“Please raise your hand if it’s hard to hear some of them up there at times,” Azotea said.

In a moment of ironic comedic relief, the cellphone of one of the members in the audience announced: “Sorry, I didn’t quite get that.”

Azotea asked members to be louder when speaking into their mics, then returned to the back of the room while Steven Meyer spoke to the council about issues related to the Hannibal Fire Department. 

After more than an hour of debate on fire department funding, Azotea returned to the podium. 

“(HFD employees) can’t even — can barely afford to feed some of their kids. How is that fair? How is that right?” she asked the council. “So when we are approving and passing to give all these, in my opinion, unnecessary raises to certain positions, whereas, I feel like there’s positions that do deserve to be paid way more than others.”

She said she spoke because she cared, not to start her campaign for 2nd Ward councilmember.

“I guess this is the kickoff,” Lemon said with a grin, garnering a laugh from the audience.

Azotea claimed city funds were mismanaged long before many of the current council members were elected to their positions. She claimed to have reviewed the last few years of budgets, which are developed and recommended to the council annually by the city manager, who also ensures the execution of the budget, as mentioned on the city’s website.

“Just some numbers to throw out there: the false allegations for the impeachment charges cost us taxpayers $45,045,” she said. “The lawsuits, as of today, were at $26,343.50. What we paid the previous city clerk for paid administrative leave — $62,771.”

Azotea referred to allegations made against former 3rd Ward councilmember Stephan Franke by former Mayor James Hark that Franke had grabbed City Manager Lisa Peck and Angel Zerbonia, then the city clerk, “in a non-consensual manner.” Hark introduced articles of impeachment against Franke in January 2022, which in turn spawned a civil suit against the city from Franke the following May. 

A judge ruled in June 2022 that the city had violated Franke’s constitutional right of due process, and the ordeal finally concluded a year later in June 2023 with a judge dismissing impeachment charges. 

“There’s a lot in the budget that — the math ain’t mathin’,” Azotea said. “… And now, we’re in a crisis where we are losing firefighters left and right and having to up insurance premiums to compensate for, in my opinion, unnecessary spending or things (that) were being paid for, like false allegations.”

“April, do you think that we couldn’t spend anything on those court costs during that impeachment issue? Do you think that we had a choice not to spend anything?” 4^th Ward councilman Charlie Phillips asked.

“If false allegations weren’t made, it wouldn’t have cost us anything,” Azotea said.

“But they were,” Phillips said. “And we have a responsibility to fight that litigation, and we have no choice but to fight that litigation.”

“I don’t think you’re picking up what I’m putting down,” Azotea said. “I’m saying, one person is already gone that made false allegations. One person is still here. That position just got a raise. So we’re OK with, ‘Ope, let’s give her a raise, them a raise’? What about (the firefighters)? It wasn’t important enough to give them a raise but it was important enough to give someone who’s making false allegations a raise? Make it make sense.”

The budget for fiscal year 2024-25 listed the budget for the Executive Department, which includes the office of the mayor and city manager along with city council per the city’s website, as $355,974. Of that, $200,527 was requested to cover the salaries of the department.

Annual budgets don’t list executive salaries individually, but previous council meeting minutes show the office of mayor was paid $3,600 for fiscal years 2023-2024 and 2024-2025. The city manager’s current salary is $140,662.60, which reflects a 1 percent pay increase from the year prior ($139,269); the salary for FY 2022-2023 was $126,609.

Council members are paid $200 per month, amounting to roughly $14,400 annually when all seats are filled, per city code.

Regardless of the truth of the allegations, Phillips said, the council didn’t have a choice but to react. 

“So do you think it still makes sense to employ somebody who — you can still, to this day, go back and watch the council meeting where the allegations were made that never happened — you think it’s OK to still employ that person and allow that person to cost us a whole bunch of money and then give her a raise?” Azotea challenged.

Peck, who is generally reserved, soft-spoken and rarely talks at council meetings unless specifically scheduled to do so, began to shift in her chair.

“April, April — pick a topic that you want to talk about and not keep going on and on about this,” Louderman said.

Azotea eventually shifted her focus to job descriptions with the city, specifically regarding the city manager’s position. She asked Peck how many interviews she’s done with members of the media.

“She doesn’t have to answer,” Louderman said. 

“Why not?” Azotea pressed.

“Because, you’re not up here to —,” Louderman said.

“Is that not her job?” Azotea said.

Lemon soon stepped in, once more stating that Azotea was making public comment.

“What you’re doing is making a personal attack on the city manager,” he said. “There’s not a person in this room that doesn’t understand that your goal is a personal attack on the city manager … You’ve accused her of making false allegations —”

“It’s a fact. You can go back and watch it,” Azotea said as Peck raised her head to look at Azotea.

“I wasn’t taking notes, but the bulk of your presentation tonight has been an attack on the city manager. You have the right to attack the city manager, she is a public person. However, that is all public comment. That is not you requesting recourse of this council,” Lemon said.

Azotea said citizens have asked questions of the council that the council has either refused to answer or have diverted to Lemon.

“The council is not obligated to answer anyone’s questions. You’re not owed an answer just because you want to come in here and make demands of the council. That’s not the law. That’s ridiculous … If the state told you that it’s illegal for me to answer a question when I’m requested by my client to answer that question, then they’re a moron,” Lemon said.

Lemon said if Azotea had a problem with the city manager, she should speak to the council member from her ward. If she believes a council member is not doing their job, she should run for council — which she’s doing. He said she should bring specific line items from the budget to the council’s attention if she has a problem with them.

“What you’re doing is making accusations and throwing out claims that the city manager’s just inappropriate in some way and therefore, that’s why the fire department’s not getting paid more money. That’s ridiculous and stupid,” Lemon rebuked.

Azotea said she was not making personal attacks but bringing attention to concerns of mismanagement and lack of accountability. 

“When I’ve reached out to my councilman, nothing is done. Henceforth, (it’s) why I come to the entire council and shed light on it with the public to let them be aware,” Azotea said.

Louderman said Azotea should call his office to set up a meeting with him and that she could request any members of the council be present. Azotea questioned if anything would be done as a result.

“I will listen to whatever allegations, and if it’s something that is actionable, action will be taken,” Louderman said.

Azotea requested that job descriptions of city employees be clarified, then said she was saving the rest of her concerns for the next meeting. 

She closed with her new favorite quote.

“‘What we don’t change, we are choosing,’” she said. “So, by choosing not to make change, you’re choosing to stay in the state that we’re in. Think about that.”

Tammy Riley and Earl T. Hughes will appear alongside Azotea on the ballot for the next municipal election on Apr. 8. The winning candidate will have big shoes to fill. Dobson,  the current council member for the 2nd Ward, has been on the council since 2010. 

Louderman will also be sitting the next election out. Vying for his job are former 1st Ward Councilmember Darrell McCoy, political newcomer Jeremy Fogle and Phillips, who is currently representing the 4th Ward on the council. Euhlan Leeders is running unopposed for Phillips’s seat.

Applications are being accepted to fill the 5th Ward seat, previously occupied by Colin Welch, who resigned last month, until 5 p.m. Feb. 25. The City Council will make a selection after a candidate forum on Mar. 4.