Council moves forward with whistleblower protection for city employees

Councilwoman Kecia Copeland, left, and Councilman John Kelley talk prior to the start of Thursday’s special council meeting.

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Thursday, Jan. 19, 2017, 8 p.m. — The Bardstown City Council gave its initial approval of an ordinance designed to protect city employees who report wrongdoing, illegal or unethical acts at its special meeting Thursday.

“Its an ordinance that needs to be passed regardless if there’s an investigation or not,” Kelley told the media after the meeting.

Councilman Bill Sheckles checks his iPad prior to the start of Thursday’s special meeting.

The ordinance mirrors the Kentucky Whistleblower Act that protects state employees. That same law was believed to also protect employees of the cities, Kelley explained. But a 2012 ruling by the Kentucky Supreme Court determined that the 1986 whistleblower law did not provide protection to city workers — it only applied to state employees.

As a result, employees of cities have no protection from retaliation if they report unlawful or unethical acts committed within city government.

“Its something that should be out there so any city employee can report wrongdoing,” Kelley said.

Kelley wrote the draft of the ordinance and based the wording on the state whistleblower statute.

He pointed to Mayor John Royalty’s “gag” order requiring the council to submit their questions to staff in writing to his office as an event that prompted the council to explore whistleblower protection.

“With that writing on the wall, we thought it would be best at the beginning of the investigation to get this out there so all the employees will feel free to be open and honest,” he said.

Kelley said the new ordinance should be a help to the current investigation.

City Attorney Tim Butler talks with Mayor John Royalty during Thursday’s special council meeting.

“We just hope employees will be open and honest with their answers and forthcoming with their knowledge,” he said.

Kelley said the council’s investigator, Lexington attorney Scott Crosbie, will not suspend his investigation to wait for the ordinance to become law.

Mayor John Royalty told members of the media that the he didn’t oppose the idea of whistleblower protection for city employees, though he felt it was probably already covered by the state law.

Royalty said he is encouraging city employees to cooperate with the investigation, and told them not to be afraid of speaking up.

“They’re not afraid of me, they’re afraid of the council,” he said of city employees.

The ordinance won’t affect the memo he issued last year requiring questions from the council to go to the mayor’s office in writing. A city ordinance cannot supersede state law, Royalty said.

Royalty said that memo was triggered by an unnamed council member who was conducting what Royalty said was “a sidebar investigation.” He declined to name the council member to which he was referring.

NEXT UP. The council will give the whistleblower ordinance final approve at its next meeting at 7 p.m. Jan. 24, 2017.

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