On May 11, 2026, newly-elected Wildwood City Council members took their oaths of office. (Photo by Laura Brown)
A special counsel’s investigation concluded that the newly elected City Council members in Wildwood should continue serving in their positions.
The council approved the hiring of Timothy Engelmeyer as special counsel during a special meeting on May 7. While no particular candidate was named at that meeting, residents had suggested the investigation targeted newly-elected Ward 8 council member Tim Kummer, who defeated sitting member Michael Gillani by capturing 52.5% of the vote.
Tim Kummer is the Ward 8 council member. (Photo by Laura Brown)
After reviewing the city charter and applicable state laws, Engelmeyer determined there was sufficient justification for Kummer to maintain his office.
In his summary letter dated May 27, Engelmeyer explained that Section 3.6 of the city charter does not give the council authority to remove a mayor or council member through a simple motion or standard vote. Instead, Section 3.6 outlines the process for assessing whether a member meets qualifications and procedures for removing office when a member faces formal charges related to forfeiture grounds.
“The provisions of Section 3.6 may only be invoked following the submission and acceptance of formal charges, and exclusively after the accused official receives protections outlined in the Charter, including the opportunity for a public hearing if requested and removal requiring a supermajority vote of two-thirds,” he wrote.
Additionally, Engelmeyer referenced state statute Section 115.306, RSMo, which prevents candidates from running if they are behind on certain tax payments, such as state income taxes, personal property taxes, municipal taxes, or real property taxes on their primary residence, as documented in their candidacy filing.
Candidates must provide a signed statement confirming they have no knowledge of such unpaid taxes.
According to Engelmeyer’s examination, none of the candidates running had outstanding state or municipal taxes at the moment of submission. Nevertheless, according to the information reviewed, Kummer owed Town Center Sewerage Neighborhood Improvement District (NID) assessment payments at both the submission deadline and election day.
A Neighborhood Improvement District allows cities to implement infrastructure projects and bill affected properties for project costs.
A notice sent to Kummer on Feb. 28, 2025, indicated that the property was past due on NID special assessments totaling $14,674, and the city had filed a lien.
Kummer paid the assessment via cashier’s check on April 14 of this year, seven days following the election and prior to his swearing in. Engelmeyer’s investigation determined that overdue NID assessments are distinct from delinquent tax obligations.
“Section 115.306 explicitly names ‘state income taxes, personal property taxes, municipal taxes, [and] real property taxes,'” Engelmeyer explained. “Notably absent from this list are delinquent special assessments, NID assessments, sewer assessments, or improvement district assessments.”
He further stated that while unpaid assessments may receive liens and might be enforced similarly to real property taxes, this procedural similarity does not automatically classify them as “taxes” under Section 115.306.
“Absent evidence showing Mr. Kummer was delinquent in state income taxes, personal property taxes, municipal taxes, or real property taxes on his residence, the unpaid NID assessments alone do not render him ineligible as a candidate or to serve under Section 115.306, RSMo,” Engelmeyer concluded.
Additionally, Engelmeyer could not locate a state law, municipal ordinance, or charter clause mandating the reporting of delinquent NID assessments during the candidate application process.
According to Engelmeyer, Section 3.5(b)(4) of the Wildwood Charter is intended to handle disqualifying violations committed by current council members during their tenure, not to establish a mechanism for candidates to forfeit office following an election due to financial obligations incurred before taking office, absent a direct legal disqualification from holding office.
“I have consistently maintained that I breached no provisions of the city charter,” Kummer stated. “Though I am satisfied to put this matter behind us and dedicate my efforts entirely to the community, I remain troubled that taxpayer dollars funded what appeared to be a campaign to damage my reputation.”
Following the special counsel’s report, Mayor Joe Garritano released a public statement on social media.
“The review has now concluded, and the conclusions are unmistakable – the special counsel identified no basis to disqualify any candidate from office regarding the matters that were evaluated,” he stated.
With the investigation complete and conclusions delivered, it is appropriate to move forward from this situation, Garritano emphasized.
“As mayor, I am responsible for giving direction, establishing priorities, and ensuring we serve our community effectively,” he said. “Dwelling on issues that have been independently assessed serves only as a distraction from the vital initiatives ahead and burdens residents financially.”
Garritano expressed hope that the council would dedicate itself to advancing the city’s objectives and the concerns voters selected them to manage.
“The residents of Wildwood merit our attention, commitment, and greatest efforts in advancing our community,” he concluded.
