FRANKFORT —
The judge-executives of Boyd and Carter counties have agreed to a temporary injunction in the lawsuit filed by the Kentucky Jailers Association that attempts to block formation of the Northeast Regional Jail Authority.
The injunction bars the Kentucky Department for Local Government from taking action on an interlocal agreement between the counties until the case has been heard in Franklin Circuit Court.
According to the agreement, if the interlocal agreement is approved by DLG, or if the DLG does nothing and the jail agreement is considered approved, then neither the two fiscal courts, nor someone acting on their behalf, could file the agreement with the county clerks and the secretary of state.
“Think of the case as a train,” said Scott White, attorney for the Boyd and Carter fiscal courts. “The parties have agreed to pull into the station to allow the conductor to tell us which track to follow. By doing this agreement, we can get an answer to the question pretty quickly. This is a good and cautious use of resources.”
Jim Deckard, the jailers’ group’s attorney, said if either fiscal court takes action on the interlocal agreement, it could be cited for contempt of court.
“All the citizens of Carter County have wanted since this misguided scheme was hatched is some transparency from their government,” Deckard said. “It’s the logical result that we asked them to consider weeks ago, and I commend their lawyer for finally being able to get through to them.”
Arguments in the case will be heard Dec. 17 in Franklin Circuit Court.
The KJA maintains in the suit the agreement would strip statutory oversight of the Boyd and Carter jails from the elected jailers, R.W. Boggs in Carter and Joe Burchett in Boyd, merging the oversight of those jails under one authority.
According to the motion, the DLG is in agreement with the KJA, and believes the question of the validity of the agreement should be determined in Franklin Circuit Court.
The suit also contends the NRJA violates the “statutory framework” for a regional jail authority, which was created by the General Assembly in 1994, and the duties of the jailers, established by statute and by the state constitution, are “unlawfully impeded” by the authority.
Further, the suit maintains Carter Fiscal Court’s approval of the enabling legislation for the authority is invalid because the May 29 meeting at which first readings of the two measures were approved was in violation of the state’s Open Meetings Law.
Local News
Regional jail suit
Counties agree to injunction
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