12:12 PM

Two Nixa aldermen are publicly asking the town's mayor to voluntarily resign following his arrest and charge of driving while intoxicated last Sunday.

A Nixa police officer stopped Mayor Brian Hayes (a.) on Hwy 160 just south of Short Street, and after discovering whom he had pulled over he handed the case over to Missouri Highway Patrol Trooper Michael Lee, who arrested Hayes for misdemeanor DWI and no proof of insurance.

Aldermen Michael Durbin sent out a news release (at bottom) today asking Hayes to voluntarily step down. "I talked to the mayor twice this week about this situation and on the second call I told him I was going to ask for his resignation," Durbin said.

Durbin (a.) believes that Hayes violated several city ordinances according to the news release, “two of these are, willful misconduct in office and any act inconsistent with official duty or character.”

Durbin says that there is another avenue that the board can utilize if need be....impeachment. The next scheduled board of aldermen meeting isn't scheduled until the middle of next month, and the only person who can call for a special meeting is President of the board (mayor pro tem,) Barb Stillings.

"I'm not sure what avenue we will pursue," Durbin said, "all I know is that I have received an overwhelming response to this....almost as many as in the recent theft case, and the majority of them want the mayor to step down."

Aldermen Kevin Elmer (a.) says he supports Durbin in asking for Hayes' resignation.

Hayes, who is due in court on July 21st, issued a statement yesterday that says he’s embarrassed and ashamed of the charge, and that he made a poor decision.

Press Release:


I have spoken to Mayor Brian Hayes and given him my feelings as follows on his behavior and what he should do as a public official representing our community:

The oath of office that we take as elected officials in Nixa include the oath “I will faithfully demean myself in my office, and discharge my duties according to the ordinances of the City of Nixa.” Specifically, the ordinances of the City of Nixa state there is sufficient grounds for removal from office any elected official who violates 6 specific points. Two of these are (1) Willful misconduct in office and (2) Any act inconsistent with official duty or character. Both of which I believe the mayor is in direct violation of with his action of driving while intoxicated. While he has not been convicted of this charge and I do not know specific details of the situation anymore than anyone else paying attention to the news, I do believe he has placed himself in a position where his leadership can be and is questioned. He willfully conducted himself in a manner less than what I believe the public expects from their elected officials, and his example to others and the children of Nixa are less than what I, and I believe the community, would expect them to be.

With this being a charge and not a conviction in our court system, and his term being up as of April 2010 which will probably pass before this charge makes it through the system, I do not wish for the board to start official proceedings to remove the Mayor from office at this time. However, I have asked him to step down and do so as soon as possible so that the City, the Board of Aldermen and its residents may continue with the business and concerns of Nixa without this unnecessary distraction.

I also want to commend the Nixa Police Department for their professionalism and their showing that, no matter who you are, driving while intoxicated in Nixa, will not be tolerated. The way this matter was handled by our police, from the officer who made the stop to the chief of police, makes me proud of the officers we have serving our community.

If anyone has further suggestions, questions or concerns I am always willing to work with them. In addition to contacting me by any of the methods below I also make myself available monthly for one-on-one conversation regarding anything affecting the city of Nixa. Please join me if you are interested on July 11th, at Ziggie’s CafĂ© in Nixa from 9:00 am to 11:00 am.