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5 Members of Metro Council Offer Petition to Remove Councilwoman Barbara Shanklin

Wednesday March 27, 2013

For Immediate Release:
Louisville Metro Council
Contact Stephen Haag 574-1204 / 645=1752
              Tony Hyatt 574-4137 / 526-3622

Louisville, KY;
After reviewing the findings of the Louisville/Jefferson County Metro Ethics Commission in the case against Councilwoman Barbara Shanklin five (5) members of the Louisville Metro Council have decided to deliver a signed petition to the office of the Metro Council Clerk calling for the removal of Councilwoman Shanklin in accordance Metro Council Rules and KRS 67C.143.

The five members who have chosen to sign this petition are: Government Accountability and Ethics Committee Chairman Jerry Miller (District 19) and Vice-Chair Madonna Flood (District 24), Majority Caucus Vice-Chair Vicki Aubrey Welch (District 13), Councilwoman Tina Ward-Pugh (District 9) and Councilman James Peden (District 23). These five members met with legal counsel on Wednesday, where they discussed the various accusations and findings against Councilwoman Shanklin. Based on the information available, the group will move forward with a petition for removal.



The following is a joint statement by the members of the Charging Committee:



“Five members of the Council have come together to create a charging committee with the intent of moving the Metro Council forward in the process of removing Councilwoman Barbara Shanklin pursuant to KRS 67.143. This decision was reached after each person had the opportunity to review the findings that was part of Ethics Commission report regarding complaint number 12-P-014.

In accordance with the procedures established by the state law, the County Attorney and the Metro Council, the five members have delivered a copy of the charging document to the Office of the Metro Council Clerk and the Metro Council President. It is our expectation that the charges will be read at the Thursday, March 28, 2013 meeting of the Metro Council and that our work as a charging committee and the Metro Council’s work organizing into a court will begin in the following month.”



Members of the Charging Committee will hold an organizational meeting on Monday, April 8, 2013 at 4:00 p.m. in the Metro Council Chambers of City Hall (601 W. Jefferson Street). During that time, members will select a chair or co-chairs for the committee as well as address other organizational matters.



* A Copy of the Metro Council Charging Committee’s Charging Document is attached to this release.

** A copy of the Metro Council Rules regarding Vacancies and KRS 67C regarding removal of a member of the Metro Council are located after the conclusion of this release.





# # #

Kentucky Revised Statute

67C.143

Removal of elected officers of consolidated local government -- Hearing -- Vote of council -- Appeal -- Vacancy.

(1) Unless otherwise provided by law, any elected officer of a consolidated local government in case of misconduct, incapacity, or willful neglect in the performance of the duties of his or her office may be removed from office by the legislative council, sitting as a court, under oath, upon charges preferred by the mayor or by any five (5) members of the legislative council, or, in case of charges against the mayor, upon charges preferred by not less than ten (10) members of the legislative council. No legislative council member preferring a charge shall sit as a member of the legislative council when it tries that charge.

(2) No elected officer shall be removed without having been given the right to a full public hearing.

(3) A decision to remove a mayor or legislative council member shall require a vote of two-thirds (2/3) of the total number of legislative council members sitting as a court.

(4) Any elected officer removed from office under the provisions of this section may appeal to the Circuit Court and from there to the Court of Appeals. The appeal to the Circuit Court shall be taken and tried in the same manner as civil cases are tried.

(5) No elected officer removed from office under this section shall be eligible to fill the office vacated before the expiration of the term to which the elected member was originally elected.

Effective: July 15, 2002

History: Created 2002 Ky. Acts ch. 346, sec. 3, effective July 15, 2002.

LOUISVILLE METRO COUNCIL RULES

SECTION 10 ~ VACANCIES

10.01

If a member seeks to resign the office of Council member, said member shall tender a written resignation to the President of the Council with a copy to the Clerk. If the President of the Council seeks to resign the office of the President of the Council and/or the office of Council member, the President shall tender a written resignation to the Clerk. Any such resignation shall be effective at the next regular or special meeting of the Council or at a later date if requested by the resigning member, and the office shall be deemed vacant as of such date. The vacancy shall be filled pursuant to KRS 67C.103 (12) which states that . . . “in the case of a vacancy on the consolidated local government council by reason of death, resignation, or removal, the council by majority vote of the membership of the council shall elect a qualified resident of the council district not later than thirty (30) days after the date the vacancy occurs. Should the council fail to elect, by majority vote of the membership of the council, a qualified person to fill the vacancy within thirty (30) days, the mayor of the consolidated local government shall fill the vacancy by appointment of a qualified person for the unexpired term” and as referenced in KRS 67C.103 (5) and (6) which states:

(5) The members of a consolidated local government council shall be nominated and elected from the district in which they reside in partisan elections. After the initial terms of office of the first elected council members, council members shall be elected in the same election years as other local government officials as regulated by the regular election laws of the Commonwealth and as provided in subsection (4) of this section.

(6) No person shall be eligible to serve as a member of a consolidated local government

council unless he or she is at least twenty-one (21) years old, a qualified voter, and a

resident within the territory of the consolidated local government and the district that he or she seeks to represent for at least one (1) year immediately prior to the person's election. A council member shall continue to reside within the district from which he or she was elected throughout the term of office.

10.02

If a member dies while holding office of Council member, the office shall be deemed vacant as of the day following the date of death.

10.03

No person may be removed from the office of Council member or the office of President of the Council during the term to which he or she shall have been elected except upon a showing of malfeasance, misfeasance or unfitness for office or that the person has become unqualified to serve as Council member pursuant to Kentucky Revised Statutes by failing to reside in the Council District to which he was elected. A showing necessary for removal from office shall be made by:

(a) Five (5) Council members issue written charges under oath delivered to the Clerk that the President of the Council or the Council member (as the case may be) has committed acts or engaged on a course of conduct which constitutes malfeasance or misfeasance or which renders the person charged unfit for office or is unqualified pursuant to Kentucky Revised Statutes; and;

(b) The remaining members of the Council (other than the person charged) sitting as a court, after a hearing of which the person charged is given sufficient notice and an opportunity to be heard, find by a vote of at least 2/3rds of the court that the person charged has committed the acts or engaged in the course of conduct charged and by so doing has shown malfeasance, misfeasance, or unfitness for office or that the person charged has become unqualified to serve pursuant to Kentucky Revised Statutes.

10.04

Any person so removed from the Office of Council member and/or the office of President of the Council may appeal his or her removal from office to the Circuit Court.

10.05

During the pendency of any such appeal by a Council member the Council member shall not be permitted to be seated on the Council or in any of its committee meetings but the office shall not be deemed vacant until the Council member has exhausted his or her appeal rights. However, in the case of an appeal from the removal of the President of the Council the Council shall elect a permanent President Pro-Tem who during the pendency of the appeal shall perform the duties of the President of the Council.

10.06

In the event that twelve (12) Council members execute a sworn statement declaring that the President of the Council is physically or mentally disabled so that the President is unable to carry out the duties of the President and deliver said statement to the Clerk with a copy to the President, then at the next regular or special meeting of the Council held not less than three (3) days after the delivery of said notice to the President, the Council may by affirmative vote of twenty (20) of its members declare the President unable to carry on the duties of the President by reason of physical or mental disability. Provided, that before such vote, if requested by the President of the Council, a hearing shall be conducted as described in Rule 10.04 and in such case the issue of the President’s disability shall be decided by the Council members (other than the President and the twelve Council members who have charged that disability) sitting as a court and a vote of 2/3 of the said court shall be necessary to establish the disability of the president.

10.07

Upon a finding of disability of the President, the Council shall elect a permanent President Pro-Tem who shall perform all of the duties of the President of the Council until the expiration of the Presi­dent’s term or until the Council by majority vote shall declare that the President again is able to perform the duties of office.

10.08

Within seven (7) days after a vacancy shall have occurred on the Council, qualified persons interested in being appointed pursuant to Kentucky Revised Statutes to the vacant seat shall submit a resume to the Clerk of the Council.

10.09

The members of the Council shall review any resumes so submitted and shall indicate in writing to the Clerk the name of any applicant who that member wishes to be personally interviewed at a special meet­ing of the Council, which shall be duly called pursuant to these rules and held not less than seven (7) days nor more than thirty (30) days after the occurrence of the vacancy.

10.10

At either a regular or special meeting of the Council, held not less than (7) days nor more than thirty (30) days after the occurrence of the vacancy the Council shall fill the vacancy from among the qualified persons interviewed, or as provided by state statute.

10.11

The person receiving an affirmative vote of the majority of the remaining members of the Council shall be elected to fill the vacancy pursuant to this section. If more than one vacancy exists, each vacancy shall be filled by the Council one at a time and the newly appointed member shall immediately be seated pursuant to the rules so that he or she may vote on the filling of the remaining vacancies.