GRAYSON —
A Carter County resident and the county attorney on Friday filed suit against Judge-Executive Charles Wallace and the Carter Fiscal Court, alleging the court’s May 29 meeting — at which the first reading of enabling legislation for a regional jail authority took place — was held in violation of the Kentucky Open Meetings Law.
If the plaintiffs, Renee Stewart and County Attorney Patrick Flannery, prevail in the suit, the court’s approval of the two ordinances establishing the highly controversial Northeast Regional Jail Authority with Boyd County could be invalidated.
In the suit, filed in Carter Circuit Court, Stewart and Flannery allege the fiscal court violated the Open Meetings Act by refusing to move the May 29 meeting to a larger room to better accommodate the overflow crowd. They also contend audience members many audience couldn’t hear what was being said because the microphones in the court’s meeting room were turned off, and requests to turn them on were “refused repeatedly without explanation.”
In a letter to Wallace outlining why she believed the court had violated the Open Meetings Act., Stewart also said several people left the meeting because they could not see or hear what was taking place from the hallway, and that one of the church-style pews in the room broke under the weight of the large number of people sitting on it.
In his response to the letter, Wallace said he didn’t believe the crowd at the meeting was large enough to justify moving the meeting, and that the audio equipment in the room was functioning.
Stewart appealed the matter to the Kentucky Attorney General’s Office, which last week issued a ruling stating it was unable to conclude from the evidence at hand that Wallace’s refusal to move the meeting constituted an Open Meetings Act violation.
The lawsuit, filed by Catlettsburg attorney Sebastian Joy, is essentially the next step in the process. In the complaint, the plaintiffs allege Wallace and the court — Magistrates Brandon Burton, Brad Brammell, Ronnie Greenhill, Clifford “Sodbuster” Roe and Clarence “Sonny” Fankell — violated the act by “failing to provide meeting room conditions that allow effective public observation.”
The suit also alleges the defendants failed to move the meeting even after being advised by Flannery that an overflow crowd was present.
The suit seeks an order voiding any action taken at the May 29, an order directing Wallace and the fiscal to comply with the Open Meetings act in the future, court costs and attorney fees.
Additionally, Joy requests an injunction requesting an injunction holding all action taken at the meeting in abeyance until an “expedited hearing” on the lawsuit can be held.
Claims made in civil lawsuits state only one side of an issue. Under state law, the defendants have 20 days from the date they are served to respond to the complaint.
KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.
Local News
Wallace, fiscal court named in lawsuit; void of regional jail legislation sought
- Local News
-
-
Legion post busted for alcohol, gambling
American Legion Post 43 in Raceland is facing charges it illegally promoted gambling and sold alcohol at its clubhouse.
-
Carter considers new inmate healthcare plan
Carter County Fiscal Court met in regular session on Tuesday to consider a proposal for a change in health care providers for the jail and to conduct regular monthly business.
-
Thefts, assaults reported to APD
Second Hand Rose Furniture in the 3200 block of 13th Street reported the theft of a compact disc and an audiobook. Store workers told police they saw the man leave the store and remove the items from his pants leg outside.
-
11th annual Northeast Ky. Red Cross raffle scheduled
Tickets for the final raffle to benefit the Northeast Kentucky American Red Cross are for sale and local officials hope there will be no empty seats for their only annual fundraiser.
-
Ben Williamson bridge damaged
A temporary 10-ton weight restriction is in effect on the Ben Williamson Memorial Bridge, which brings traffic from U.S. 52 into Ashland.
-
Getting involved
A group of third-generation bricklayers is more than willing to give back to the Ashland community this week.
-
Carter County Public Library ready to close the deal on building for branch
In almost less time than it takes to read a good novel, the Carter County Public Library has found a new building for its Grayson branch and is ready to close the sale this week.
-
New flood plain maps for Boyd
New flood plain maps for Boyd County will go into effect this summer.
-
Local briefs: 5/22/13
An Ashland man was arrested Monday night on charges of trafficking in heroin, according to a release from the Ashland Police Department.
-
Lawrence County graduation Friday
Lawrence County High School will have its graduation Friday at the high school.
- More Local News Headlines
-
Legion post busted for alcohol, gambling
Looking for Love? Take the Prague Metro
Crews Race to Find Survivors of Okla. Twister
First Person: Baby Falcons on a New York Bridge
Oklahoma: Images of Devastation, Reunion
Reunited Dad, Son: 'We Just Praise God'
Slow Pokes: Acupuncture Helps Sick Turtles
Moore, Okla. City of Reunions, Tears After Storm
Former IRS Chief: Can't Say How List Happened
Gov. Fallin: Okla. Facing Horrific Disaster
Tim Cook Defends Apple's Tax Accounting
AP Photograher: 'It Was a Miracle' They Got Out
Raw: Crews Search for Survivors of Okla. Tornado
Raw: Tearful Reunion After Okla. Tornado
OKC Hospital Describes Treating Tornado Wounded
Obama Pledges Urgent Aid for Tornado Victims
Raw: Massive Funnel Clouds in Oklahoma
