Council votes to investigate if city had role in anonymous Copeland document dump

The Bardstown City Council voted unanimously to proceed with an investigation of the anonymous packet of Councilwoman Kecia Copeland’s public records left on the doorstep prior to the council’s Nov. 1 work session.

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, Nov. 22, 2016, 12:15 a.m. — The Bardstown City Council voted unanimously to conduct an investigation into the mysterious packet of public records about Councilwoman Kecia Copeland that appeared outside the city council chambers prior the council’s Nov. 1 work session.

Councilman Fred Hagan’s motion sought approval to hire an outside investigator to determine “whether city employees — their time and our city resources — were used to compile the reference information and materials in an effort to influence the election — those actions perhaps in violation of the locally adopted ethics ordinance” or state or other law.

Councilmen Francis Lydian, left, and Fred Hagan talk with Councilwoman Kecia Copeland at the end of Tuesday’s council meeting.

Hagan’s motion also directed City Attorney Tim Butler to locate and recommend an outside investigator.

“I think its something we need to look into and get to the bottom of,” Hagan said of the effort to influence the outcome of the city council election Nov. 8.

Councilman Bill Buckman questioned the need to spend taxpayer dollars on the investigation.

“Is this for personal reasons, that Ms. Copeland’s feelings got hurt over something? Are we going to spend taxpayer money on that? Who are we going to investigate? Are we targeting someone?” Buckman asked.

The purpose of the investigation is to determine if city employees or resources were used in an effort to affect the election, “because that’s against the law,” Hagan replied.

Buckman questioned if there was a limit on the cost of the investigation; Hagan said the council can evaluate the costs as the investigation proceeds.

Butler said he would establish a process for moving forward and bring it back to the council before proceeding further. He said he will likely seek an investigator outside the community and seek guidance from the Kentucky League of Cities.

After questioning the need for an investigation, in the end Buckman voted in favor of the investigation. After the vote, Mayor John Royalty called the investigation “a good idea, a very good idea.”

After the meeting, Copeland said she did not ask Hagan to pursue a vote on an investigation, but was glad to see the council take a stand.

Councilman Bill Buckman, City Attorney Tim Butler and Mayor John Royalty examine documentation regarding who may file an ethics complaint regarding the council’s personal use of the city-owned iPads.

COUNCIL IPAD USE. After the vote to move forward with an investigation of the anonymous packet, Buckman called on Royalty to file an ethics complaint regarding the council member’s personal use of their city-issued iPads.

Based on admissions from the council, Royalty has previously said only he and Buckman had limited their iPad use to city business, and that the personal use of the iPads by the council appeared to violate the joint city-county ethics ordinance.

Butler and Buckman disagreed on who should submit an ethics complaint however, with Buckman saying it should be the mayor, and Butler countering that anyone can file an ethics complaint.

“If there’s an ethics issue then any resident should be able to raise an ethics issue,” Butler said. “If it isn’t in there it should be.”

After reviewing documents regard ethics violations, the council took no action taken on Buckman’s suggestion. Royalty said the issue would be further researched.

COUNCIL IPAD USE PART 2. Councilman Francis Lydian asked Butler about the steps he should take to complain about the examination by city officials of the council members’ personal information stored on their city-issue iPads.

Lydian’s questioned revolved around public discussion of some private emails that were on Copeland’s iPad when it was examined as part of an Open Records request filed by Bardstown Police Capt. McKenzie Mattingly.

Butler told Lydian members of the council have no special rights when it comes to their use of city equipment. City employees who use city computers and other devices should have no expectation of privacy, and neither should member soft council when it comes to their iPads.

Since the city owns the devices, the city has the right to inspect them at any time. Butler said there was no set policy regarding who in City Hall can review the information city devices.

If Lydian believes an ethics violation has occurred, Butler suggested Lydian determine what part of the ordinance has been violated and file a complaint.

He again recommended that members of the council avoid using their iPads for personal use — a policy that Mayor John Royalty said he will implement when the new council takes office Jan. 2, 2017.

Royalty said the next council will be asked to only use the iPads for city business. The council members will also be assigned officiate Bardstown Cable Internet email addresses for official use.

Personal devices, tablets, cell phones or email accounts won’t be linked or synced to the iPads — a move Royalty said was aimed at protecting the council from “misuse of the iPads.”

“We’re in a new age here folks — social media and technology,” Royalty said. “If we had stuck with paper and pencil here we could have not had any of [these problems].”

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