Intergovernmental Affairs Ad Hoc Committee approves resolution calling for changes to Kentucky Revised Statutes involving ethics and misconduct
Monday December 2, 2013
For Immediate Release:
Louisville Metro Council
Contact: Tony Hyatt 574-4137 / 526-3622
Louisville – The Ad Hoc Committee on Intergovernmental Affairs of the Louisville Metro Council has approved a resolution calling for changes in the Kentucky Revised Statues to give subpoena power to the Metro Ethics Commission.
The resolution also calls for clear definitions of misconduct if it becomes necessary to remove a Metro Official.
“This Committee has worked in a bi partisan effort. We are ready to ask the General Assembly to clarify what is a gray area when it comes to our ethics code,” said Councilman David Yates, who chairs the committee. “Subpoena power for our Metro Ethics Commission and misconduct are two areas of concern that arose when the Metro Council did its deliberations in the Shanklin case this past summer.”
Under the proposed resolution, the Kentucky General Assembly is being asked to grant subpoena power the Metro Ethics Commission in the area of administrative proceedings. That power would require person to testify before the Commission and produce documents relevant to any possible violation of the Metro Code of Ethics.
The resolution also asks for a clearer definition of KRS 67C 143(1) to require “misconduct”, “incapacity” and “willful neglect” be defined under KRS and that upon a finding by the legislative council sitting as a court of official misconduct, fraud, theft, embezzlement or misappropriation of public funds committed by an elected officer, the elected official shall be removed from office. Current state law says that an official may be removed if found guilty of misconduct.
Joining Yates as sponsors of the resolution are Councilmen Jerry Miller (R-19), Robin Engel (R-22) and Council President Jim King (D-10).
The Councilman has also drafted legislation that will cap the amount of tax dollars used for defense attorney fees in these proceedings. This legislation will be a change to the current Metro Council’s rules and does not require any KRS revisions.
The measure will go before the full Metro Council on Thursday, December 12th.