By Jon Lee, MOFreePress
This Monday, March 30, the City of Odessa is scheduled to open applications for a utility credit program designed to address a multi-year Energy Cost Adjustment (ECA) error. However, a series of public statements and digital records indicate that the discrepancy, totaling approximately $919,000, may have been identified months prior to the City’s official announcement in March 2026.
The July Discovery Allegation
During a public exchange on the Odessa Town Square social media page on March 26, Alderman and mayoral candidate Bruce Whitsitt alleged that Mayor Bryan Barner and the City Administrator were notified of the ECA issue in July 2025. Mayor Barner did not dispute the July timeframe in his response. Instead, he characterized the eight-month delay in public notification as a matter of “discipline” and “keeping things on the down low”. The Mayor stated this approach was intended to ensure a corrective plan was in place before making the issue public. Consequently, residents continued to pay utility rates based on the miscalculated formula throughout the high-usage winter months of 2025-2026 while the matter remained unannounced.
The “Indemnity” Provision
The City’s “opt-in” program, which received approval from the Board of Aldermen on Wednesday, March 25, 2026, includes specific legal requirements for applicants. To receive a credit or check, current and former residents must acknowledge a statement from the City’s attorneys that includes a waiver of future claims and an indemnification clause. Under these terms, if a resident accepts the credit and subsequently participates in legal action—such as a class-action lawsuit or a state-mandated recovery—the resident may be held responsible for the City’s legal fees.
Interest vs. Municipal Stability
The City has officially confirmed that these refunds will not include the 9% statutory interest typically required under RSMo § 408.020 when funds are wrongfully withheld. In social media correspondence, the City stated that these interest funds were instead used to support utility operations and maintain financial stability. By the City’s own estimates, this stability was supported by nearly $1 million in resident overpayments accumulated between May 2019 and January 2026.
The “Opt-In” Process and Community Concerns
The requirement for an “Opt-In” process has raised concerns regarding its impact on vulnerable populations. Critics, including residents Megan Peerson Slusher, Michael King, and Zane Price, suggest that requiring a proactive application may discriminate against elderly or disabled residents who lack internet access or transportation. Furthermore, community feedback indicates that many residents view the “refund” as a settlement offer rather than full restitution.
The Petition for a State Audit
With the April 7, 2026, municipal election approaching, both incumbent Bryan Barner and challenger Bruce Whitsitt face questions regarding their roles in the eight-month notification delay. In response to these developments, a State Audit Petition has been initiated. According to the Missouri State Auditor’s Office, 392 signatures from registered voters are required to trigger an independent forensic audit. Proponents argue this is the only remaining method to bypass the City’s voluntary waiver and determine the full amount, including interest, owed to the people of Odessa.
Logistics for Signature Collection
To facilitate this process, we are currently working with a local business owner to secure their building as a dedicated meeting place. Once the official petition forms arrive, this location will serve as a central hub for residents to gather and provide the necessary signatures to move the audit forward.