City Council agrees to $40,000 settlement with councilwoman to avoid lawsuit

COUNCILWOMAN KECIA COPELAND

By JIM BROOKS
Nelson County Gazette/ WBRT Radio

Tuesday, Sept. 26, 2017 — The Bardstown City Council voted Tuesday night to approve a settlement of $40,000 that will be paid to Councilwoman Kecia Copeland for alleged wrongs committed against her during the administration of former Bardstown Mayor John Royalty.

The actions against Copeland during Royalty’s time as mayor surfaced during a three-month investigation into Royalty’s administration by Lexington attorney Scott Crosbie. That investigation concluded earlier this year, and led to the council’s vote in April to remove Royalty as mayor.

The settlement was announced following a 30-minute closed executive session during which the council apparently discussed the offer. Copeland and her attorney Keith Sparks waited outside the council chambers during the council’s closed session. When the council resumed its open meeting, it voted 4-1 to approve the settlement.

Councilman John Kelley made the motion to enter into a settlement agreement with Councilwoman Kecia Copeland, describing it as the “city’s best interest” to do so.

Councilman David Dones voted against the settlement.

City Attorney Tim Butler said the wrongs committed against Copeland by Royalty’s administration Copeland were “well documented,” and ultimately prompted the current council to unseat Royalty as mayor.

In exchange for the $40,000 settlement, Copeland will release the City of Bardstown as well as all former and current officers, employees, and elected officials from any claim of liability, Butler explained.

Councilman John Kelley made the motion to adopt the agreement.

“We searched hard on settling this and we looked hard at what the city’s liabilities were going to be and whether the taxpayers should be paying money on this,” Kelley explained.

He said he spent a lot of time researching the possible liability, and determined the City could have been held liable for the actions of its employees and elected officials. The city’s insurance carrier said it would not provide coverage if the claims became a lawsuit the city had to defend. In the end, Kelley said it was in the city’s best interest to settle the claims without going to trial.

An important point to remember is that “ultimately, Councilwoman Copeland was a victim — and she didn’t ask that this be brought up on her,” he said.

Mayor Dick Heaton expressed displeasure with the situation, but supported the move to settle in an effort to move the city forward.

“I don’t really like the position we’re in tonight because the settlement is being put on the shoulders of individuals who really had nothing to do with what happened last year,” Mayor Heaton said. “Those that did it, they get to walk, and I find that troubling.”

But in the end, it’s the city’s job to do what’s right. The settlement avoids the cost of lengthy litigation and a possible financial award by a jury, he said.

“I hope this will allow us to put another bad chapter of the City of Bardstown behind us,” Heaton said.

Sparks released a statement to the media after the council approved the settlement stating his firm had been negotiating with the mayor and city attorney for several months in an effort to resolve what could have become a major lawsuit.

“As many know, Councilwoman Copeland was the victim of certain behavior by former City officials. This conduct created potential liability against the City.”

Sparks said after his review of Copeland’s case, he believed the city’s potential liability far exceeded the agreed settlement amount. It was Copeland who made the decision to accept the settlement, he explained.

According to Sparks, Copeland’s interest in settling her complaint was twofold: The first was that she did not want to cause harm to the City financially. A costly trial by jury would have put a negative spotlight back on the City, and she did not want that. The second reason was her desire to move forward, both as an individual and as a community.

“Choosing to pay a modest sum rather than force litigation with much cost and risks was a prudent move by the Council, and one we believe serves the interest of all involved,” Sparks statement concluded.

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