Seligman mayor was on probation when he declared for alderman role

By Kyle Troutman [email protected]

The mayor of Seligman has been charged with two felonies for allegedly failing to disclose he was a convicted felon on declaration of candidacy paperwork in 2015 and 2016.

Michael Avers, born 1964, of Seligman, is charged with two counts of perjury in a procedure not involving a felony.

According to a probable cause statement filed by J.L. Mason, with the Missouri State Highway Patrol, on April 13, 2015, Avers was sworn in as a West Ward alderman for the city of Seligman, and he was sworn in for a second term on April 11, 2016.

prior to serving each term, Avers allegedly signed multiple documents related to serving as a public official, including an “Official Declaration of Candidacy” informing the candidate he or she cannot be a convicted felon and serve as a public official. The document informs the candidate being a convicted felon is a disqualifying factor under Missouri Statute 115.306.

On the listed dates, Avers allegedly signed documents indicating he understood the requirements of holding public office, and he allegedly signed an “Oath of Office” on both dates, solemnly swearing and/or affirming that he possessed all the qualifications prescribed by law.

On Jan. 12, the city of Seligman was hosting its monthly Board of Aldermen meeting, and at some point during the open meeting, Avers allegedly stated he was a convicted felon. Seligman Police Chief Matt Phillips was in attendance at the meeting and heard the admission, and the meeting was recorded on video. On Jan. 13, Phillips contacted the Patrol to initiate an investigation, citing a conflict of interest.

On March 4, Mason interviewed Avers and informed him of the documents signed prior to becoming an alderman., Per the documents, Avers allegedly acknowledged that he was not a convicted felon. Avers allegedly admitted that he read and signed the legal document and was aware a felony conviction was a disqualifying factor. Avers also indicated, to his knowledge, he was not a convicted felon.

Per Avers’ criminal history report, On Oct. 26, 2011, he was arrested for two counts of felony distribution, delivery or manufacture of a controlled substance, and two counts of first-degree endangering the welfare of a child.

On April 26, 2012, Avers pleaded guilty to all three counts and received a suspended imposition of sentence (probation) on the charges.

Five years of probation on the drug charge was completed on April 27, 2017. Avers also received five years of probation on each of the child endangerment charges. According o the criminal history report, Avers completed probation on one of the charges on Dec. 4, 2013, and the second on April 27, 2017.

Mason said as a result of the convictions, Avers would have been disqualified from serving as a public official until his probation had been completed, however, Avers allegedly signed multiple documents in 2015 and 2016 indicating he possessed the requirements to hold public office.

A criminal summons was issued to Avers on June 22 for a hearing on July 30 at 8:30 a.m. in the courtroom of Judge Robert Foulke. Following a motion for continuance filed by his attorney, Michael Riehn, Avers is scheduled for an initial appearance on Aug. 13 at 8:30 a.m. in Foulke’s courtroom.