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Columbia councilman reiterates apology for land deal

A Columbia city councilman responded Friday to news that he was under criminal investigation by saying he “made a mistake” in agreeing to support a development project.

Boone County Sheriff’s Department Det. Tom O’Sullivan said Friday that the department is investigating Fourth Ward Councilman Ian Thomas based on a complaint forwarded by the Missouri Attorney General’s Office.

“We were contacted by the attorney general probably last month asking us to look into a complaint their office received concerning the Columbia City Council and it specifically mentioned Ian Thomas,” O’Sullivan said.

O’Sullivan said he could not comment on the specifics of the case. Thomas reported himself to the Missouri Ethics Commission in November for his actions related to the Oakland Crossing planned development.

“I made a mistake by agreeing to support the project when the developer offered to make a payment to the Columbia Community Land Trust, but stepped back immediately (just a few hours later on the same day) when it was pointed out that going through with such an agreement might be illegal,” Thomas wrote in a statement to ABC 17 News, referencing his Feb. 17 newsletter apologizing to constituents.

According to documents obtained by ABC 17 News, Thomas sent a letter to the MEC on Nov. 19 that detailed the process he went through with developers of the potential Oakland Crossing Development, during which he agreed to “champion” the project in exchange for a donation to the Columbia Community Land Trust.

The developers agreed to pay $35,000 to the trust in exchange for approval of the project, but the project was never voted on. Thomas reported himself after City Attorney Nancy Thompson flagged the deal as potentially illegal. Thompson wrote that it was illegal for the city to accept funds in exchange for project approval.

The Missouri Attorney General’s Office provided ABC 17 News with the complaints and correspondence with the Boone County Sheriff’s Department in response to an open records request. The documents include a letter Assistant Attorney General Steven M. Kretzer wrote to Sheriff Dwayne Carey on March 7 asking the department to investigate the complaints.

One of the individuals that filed a complaint, Jason Gavan, was not involved in the deal, but he said he witnessed corruption in the Columbia city government while he practiced commercial real estate in Columbia.

“I had to deal with my clients telling me how city government works and observing their process which was primarily a breach of the constitution which the city government was engaging in to control their property and extract capital from these people,” Gavan said in an interview with ABC 17 News.

Gavan said he had wanted to file a complaint for a few years, but had no evidence until Thomas reported himself to the ethics commission.

Gavan said he doesn’t think turning himself in to the ethics commission is enough. “That does not absolve him from violations of the law,” he said.

Kretzer in the letter encouraged Carey to refer any potential criminal charges to Boone County Prosecuting Attorney Dan Knight. ABC 17 News left a message with Knight’s office seeking comment on the case.

O’Sullivan said his office was treating this criminal investigation like any other. No one had been arrested or charged Friday morning, O’Sullivan said.

In Thomas’ letter to the Missouri Ethics Commission, he said he may have violated the Missouri Revised Statute 105.452, prohibits elected officials and employees from acting in their capacity in exchange for payment or promise of payment, including to third parties. However, Gavan believes that he could have violated a different statute, which could hold criminal charges.

Thomas later apologized to his constituents, saying he had the best intentions — increasing the city’s affordable housing stock.

Thomas was not immediately available for comment.

He was re-elected this week after running unopposed. His term expires in 2022.

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