City council approves investigation’s scope to include ‘government matters’

Councilman John Kelley Jr makes a motion to expand the council’s investigation to include “government matters requiring further investigation” while Councilwoman Kecia Copeland and Councilman Joe Buckman listen.

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, Jan. 24, 2017, 11:31 p.m. — The Bardstown City Council voted Tuesday night to greatly expand the scope of its investigation that was originally triggered by anonymous packets of public records of two council members that appeared prior to the council’s Nov. 1 working session.

Following an hour-long closed meeting — one that excluded Mayor John Royalty, City Clerk Barbie Bryant and Human Resource manager Larry Green — the council voted unanimously to expand the scope of the investigation to include “government matters requiring further investigation by our investigator.”

Mayor John Royalty was asked to leave the council’s closed meeting Tuesday night. After speaking briefly with reporters he exited the building and did not return.

The mayor was not there to hear the council’s decision to expand its investigation. After he was asked to leave the closed meeting, he spoke briefly to the media and left the building.

Kelley said the council’s investigation is expected to be completed by April 15 unless the council approves an extension.

Prior to the closed meeting, the council cited KRS 61.810(1)(f), an exception to the Open Meeting law that states:

Discussions or hearings which might lead to the appointment, discipline, or
dismissal of an individual employee, member, or student without restricting
that employee’s, member’s, or student’s right to a public hearing if requested.

Asking the mayor to leave a closed city council meeting is an unusual step for Bardstown council closed meetings. On leaving the meeting room, Royalty questioned if the council’s use of the Open Meeting law exception was proper.

Since the mayor has the right to fire or discipline city employees, he said it was appropriate that he or HR manager Larry Green attend the meeting.

The council disagreed. The six members of the council met privately for about an hour with its hired investigator, Lexington attorney Scott Crosbie.

After the meeting, Councilman John Kelley Jr. said the Open Meeting law exception the council cited was appropriate given the nature of the ongoing investigation.

“When you start investigating things regarding city government, individuals are involved, someway, somehow,” Kelley said.

When those individuals are identified, the council will make a recommendation if one is necessary, he said.

Kelley would not explain what information led to the council to expand the investigation.

WHISTLEBLOWER APPROVED. The council unanimously gave final approval of a whistleblower ordinance that will protect city employees from retaliation if they report wrongdoing or unethical actions.

The measure was introduced at a special-called meeting last Thursday.

Kelley called the whisteblower protection “an ordinance that needs to be passed regardless if there’s an investigation or not.”

The law goes into effect after its publication Friday, Jan. 27.

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