In a possible violation of state sunshine laws, Madison Fiscal Court apparently met after Tuesday’s regular scheduled meeting adjourned to decide to place an ad in the Richmond Register disputing a fact previously reported about the leasing of a new family court building to a company owned by state Sen. Ed Worley of Richmond.
The Kentucky Open Meetings Act states that any meeting of a public agency which has a quorum of members present, where public business is discussed or action is taken, must be open to the public at all times.
A meeting is defined in the Kentucky Revised Statutes as “gatherings of every kind, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting.”
Magistrate Roger Barger said Madison Judge/Executive Kent Clark met with the magistrates after the meeting to discuss running the ad.
He said Clark talked about running the ad while all magistrates were present, but no decision was made.
“He said we (the magistrates) would get to look at it first,” Barger said, adding that he did not see the ad before it was sent to the newspaper.
When asked if all magistrates were present, he said they were.
Magistrate Bill Tudor said running the ad was mentioned “... in a general fashion,” but no decision was made.
“I don’t think we did anything wrong,” Tudor said.
When asked, Magistrate Larry Combs said after the meeting, he was in Clark’s office when the judge asked him about whether to run the ad.
When asked if Magistrate Harold Botner was in the room while this discussion was taking place, Combs said he could not remember, even though the meeting was on Tuesday and he was asked on Wednesday.
If Clark meets with more than one magistrate in his office, at least three fiscal court members then are present, which makes a quorum behind closed doors. A quorum is the number of members of a body that when duly assembled is legally competent to transact business.
Tudor said magistrates meeting with Clark privately after open meetings is something that happens “... occasionally.”
Messages left on Botner’s answering machine were not returned after several attempts to reach him.
The ad in question, received Wednesday afternoon by the newspaper, is directed to Register staff, asking them to look at two legal advertisements placed in the classified section for proposals for a new family court facility. The legal ads in question ran in the Register in February.
“The 4 or 5 articles the Richmond Register has published on the front page states that Judge Clark requested the facility to be within 2 blocks of the courthouse,” the ad reads. “Both ads that ran clearly state that the new family court facility should be within 3 blocks of the Madison County Courthouse. Three (3) blocks takes in 90% of downtown.”
At the bottom of the ad, it reads, “Paid for by the Madison County Fiscal Court.”
Clark adamantly denies he met with magistrates after the meeting. He was tired of seeing negative stories in the paper that made him appear he was “in cahoots with someone,” he said.
The judge is referring to an article in Wednesday’s paper that quotes him as saying the Administrative Office of the Courts wanted the family court facility to be within two blocks of the Madison County Courthouse.
The newspaper — which never quoted the actual legal ad, just Clark — went on to reveal that the AOC said it did not set the parameters for the lease.
The judge originally had made the statement in a July interview about Worley’s involvement with the family court project, and the quote appeared in a July 12 story on the Register’s front page.
Clark never has contacted the paper asking for a correction or clarification on any of his quotes about the project.
Clark told Register staff on Wednesday that he was “just trying to get your attention.”
He said he never intended for the ad to run in the newspaper, even though it was sent to the paper for a price quote.
"It was never confirmed," he said.
The informal gathering of magistrates with the judge to discuss and make a decision is a clear cut violation of open meetings law, said Jeremy Rogers, an attorney for the Kentucky Press Association.
He said the casual meeting violated state law because a quorum of the fiscal court met to discuss public business and apparently made a decision to take action, all without conducting a public meeting or giving public notice of the meeting.
By apparently agreeing to spend public funds to purchase the ad, the court took action, which also violates the sunshine law.
The ad measured four columns wide and 3 3/4 inches tall and would have cost $246.24 to run in the paper.
After being confronted about the advertisement, Clark said he no longer wanted to run it.
According to the Kentucky Revised Statutes, “action taken” means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body.
The Register on Wednesday afternoon filed an official complaint with Clark about the violation.
Clark said the fiscal court did not violate sunshine laws because the magistrates were scattered around the offices during the discussion.
Staff writer Ronica Shannon contributed to this story.
Lorie Love can be reached at llove@richmondregister.com or 624-6690.
Local News
Paper: County violated open meetings law
- Local News
-
-
Standoff at Super 8 Motel ends peacefully
A bizarre drug-fueled standoff at the Richmond Super 8 Motel ended peacefully with no one hurt, including a child who was in the room with a man that police found wielding two knives.
About 1:53 a.m. Friday, police received a call about a man who was threatening someone with a knife at the motel on North Keeneland Drive, according to Richmond Police Chief Larry Brock.
-
Trial for couple accused of human trafficking delayed
The trial for a Berea couple accused of human trafficking involving their daughters has been delayed.
Despite Monday morning television reports that the trial was beginning Monday, it was postponed because the attorneys are not ready to try the case.
-
Richmond man charged with child porn possession
(Editor’s note: The following story contains graphic information some readers may find offensive.)
A Richmond man has been arrested for possession of child pornography as a result of a nearly one-year investigation by local police.
-
Noted author to deliver keynote address for Black History Month
Almost a year ago, Arnold Rampersad stood in the East Room of the White House as he was presented the National Humanities Medal by President Barack Obama.
On Thursday, Feb. 16, the noted author will stand in O’Donnell Hall of Eastern Kentucky University’s Student Success Building to deliver the keynote address for the university’s Black History Month observance. Rampersad’s visit is also part of Eastern’s year-long Chautauqua lecture series, and the title of his talk, “Black History: The Challenge of Living with Others,” coincides with this year’s Chautauqua theme, “Living with Others: Challenges and Promises.” -
Habitat for Humanity
Habitat for Humanity of Madison and Clark Counties, which has built 160 homes for people in need since 1992, is seeking applicants for partner families, according to Judy Flavell, executive director of the organization.
“We really need applicants right now,” Flavell said. “More people can qualify for Habitat homes than people realize.”
Eligible applicants must have lived in Madison or Clark counties for at least one year, have a stable income, be able to pay a modest monthly mortgage and be able to demonstrate that their current housing is overcrowded, physically substandard, too expensive, unsafe, or they are living in subsidized housing, according to Habitat.
For more information about eligibility, or to apply, call Habitat for Humanity at 625-9208 or visit its office at 1417 East Main Street in Richmond. Visit online at habitatmadisonclark.org. -
Occupational therapy dept. at EKU offers program for adults with memory loss
For local adults who are experiencing memory loss related to dementia or Alzheimer’s, the Department of Occupational Therapy at Eastern Kentucky University has provided “The Place to Be” for the past two decades.
The department will again sponsor the free eight-week program on Thursdays and Fridays, 10 a.m.-2 p.m., beginning Feb. 9. Participants can attend Thursday and/or Friday. Applications still are being accepted (call 893-0653) for the free service, which is offered in Room 100 of the Dizney Building on EKU’s campus. -
Bible Belt towns in state consider going ‘wet’
In this Appalachian college town where socially conservative views are bedrocks of life, some people want to do what was once unthinkable: legalize liquor sales.
Supporters say passing the measure in Tuesday’s special election in Barbourville would tap a new revenue source in a place where hundreds of jobs are evaporating as one plant shuts down and another cuts its workforce in half. But from the pulpits to the courthouse square, opponents have been pressing their case that uncorking liquor sales would irreparably harm the town of about 3,200. -
Tea party setting sights on state legislature
Nearly a dozen tea party candidates, including one of Kentucky's most recognizable fiscal conservatives, have set their sights on state legislative seats up for election this year.
Louisville businessman Phil Moffett, who finished second in the GOP's three-way gubernatorial primary last year, delivered candidacy papers last week to run for a House seat, hoping to bolster the tea party's foothold in the state Capitol.
Such a move has been slower in coming to Kentucky than other states. -
Trial date set in murder case
The attorney for a Berea man accused of murder has had his client evaluated by an “expert” witness, he said Thursday in Madison Circuit Court.
A report of the evaluation of Mitchell Ray Turner, 34, has been shared with the Commonwealth’s Attorney’s office, attorney Brian Barker said during a pretrial conference in the case.
“The commonwealth would like more information before they decide if they want to do their own evaluation,” Barker told Judge Jean Chenault Logue. -
State financial actions putting strain on MEPCO
State government’s efforts to cut its spending and shift more of its financial burden to local governments, school boards and public agencies is beginning to take its toll on MEPCO, the home health organization run by the Madison County Board of Health.
Last week, MEPCO, which serves residents of Madison, Estill and Powell counties, reported a $455,500 deficit at the midpoint of its fiscal year.
The deficit was recorded even after MEPCO has cut expenses by about $383,000. - More Local News Headlines
-
Standoff at Super 8 Motel ends peacefully
Police: Father Planned Deadly Fire for Some Time
US, UK Pressure on Syria; More Homs Violence
Raw Video: Mass Killer Wants Medal, Freedom
Few Answers in Death of Sons of Missing Utah Mom
Court Strips Contador of Tour De France Title
Runaway Goat Leads Police on Wild Chase
And the Winner for Best Super Bowl Ad Is...
Raw Video: Deadly Helicopter Crash in Australia
Raw Video: Smoke, Purported Gunfire in Syria
Romney Latest Poll to Join Let-me-explain Club
Blast Kills Husband of Missing Utah Mom, 2 Boys
Obama: US, Israel Will Work Against Iran Nukes
NJ Museum Finds 19th Century Recording
Snow Causes Disruptions in Much of Europe
Clinton: Vetoed U.N. Syria Resolution 'travesty'
Romney Picks Up Decisive Win in Nevada Caucuses
Gingrich Renews Vow to Campaign Until Convention
Romney Rolls to Easy Win in Nevada GOP Caucuses
Raw Video: Missing Family Found Alive in Ore.
Police Clear Tents From Occupy Site in DC
