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Council denies mayor’s Open Meetings complaint, says closed meeting proper

By JIM BROOKS
Nelson County Gazette / WBRT Radio

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COUNCILMAN DICK HEATON

Tuesday, Feb. 21, 2017, 3 p.m. — Citing previous Kentucky Attorney General opinions, the Bardstown City Council says it did nothing wrong and followed the Open Meetings Act to the letter when it went into a closed meeting with its investigator during the Jan. 24, 2017 council meeting.

Mayor John Royalty filed a complaint last week alleging the council violated the Open Meetings Act by improperly calling the closed meeting to talk to its investigator.

In a letter dated Tuesday, Feb. 21 and signed by Councilman Dick Heaton — the councilman who presided over the Jan. 24 council meeting after Royalty left during the closed meeting — he notes that Royalty never voiced any objection to the motion to go into closed session when the motion was made.

“It is disingenuous for Mayor Royalty to be in charge of the meeting, fail to rule a motion out of order that he believes is improper, fails to object to the motion, not oppose the motion in any other way, and then file a complaint that the presiding officer failed to properly conduct the meeting. Mayor Royalty has by inaction waived any right to now object to the conduct of the meeting.”

Royalty’s complaint objected to the exception the council used to enter the closed session. Councilman John Kelley cited KRS 61.080(1)(f), the exemption that allows a body to meeting privately for “discussions or hearings which might lead to the appointment, discipline or dismissal of an individual employee, member or student.”

The mayor’s complaint also alleges the council doesn’t have the power to discipline or fire city employees. The council’s response makes it clear that it was not necessary to cite the mayor as target of the meeting when it moved to enter the closed meeting.

The council cites a 2001 Attorney General’s decision that states KRS 61.080(1)(f) can be properly applied when a city council goes into a closed meeting to discuss allegations or possible action against the sitting mayor:

“Such a discussion could be entirely preliminary to deciding either to reject the idea of disciplinary or dismissal action, or could be preliminary to a decision to make formal charges and hold another hearing.” 01-OMD-18

The council also responded to the claim the council improperly excluded the mayor from the closed meeting. While state law does require the mayor to preside over council meetings, there’s no requirement for the mayor to preside over closed meetings — especially if the meeting is possible disciplilnary action agains the mayor.

WHAT’S NEXT? The mayor has the right to appeal the council’s denial to the Kentucky Attorney General’s office within 60 days.

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