Louisville Metro Government - File #: R-016-18

• File #: R-016-18
• Version: 3
• Type: Resolution
• Status: Passed
• File created: 1/22/2018
• In control: Metro Council
• On agenda: 3/22/2018
• Final action: 3/22/2018
• Title: A RESOLUTION URGING THE KENTUCKY GENERAL ASSEMBLY TO AMEND KRS 67C.143 TO ITS PRE-2017 AMENDMENT LANGUAGETO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS (AS AMENDED).
• Sponsors: Brent Ackerson (D-26)

Date	Ver.	Action By	Action	Result
3/22/2018	3	Metro Council	adopted	Pass
3/13/2018	2	Government Oversight, Audit and Ethics Committee	untabled	Pass
3/13/2018	2	Government Oversight, Audit and Ethics Committee	amended	Pass
3/13/2018	2	Government Oversight, Audit and Ethics Committee	recommended for approval	Pass
2/27/2018	2	Government Oversight, Audit and Ethics Committee	recommended for approval
2/27/2018	2	Government Oversight, Audit and Ethics Committee	tabled	Pass
2/22/2018	2	Metro Council	approved	Pass
2/22/2018	2	Metro Council	referred	Pass
2/13/2018	1	Government Oversight, Audit and Ethics Committee	untabled
2/13/2018	1	Government Oversight, Audit and Ethics Committee	amended	Pass
2/13/2018	1	Government Oversight, Audit and Ethics Committee	recommended for approval
1/30/2018	1	Government Oversight, Audit and Ethics Committee	recommended for approval	Pass
1/30/2018	1	Government Oversight, Audit and Ethics Committee	tabled
1/25/2018	1	Metro Council	assigned

RESOLUTION NO.______, SERIES 2018
TITLE
A RESOLUTION URGING THE KENTUCKY GENERAL ASSEMBLY TO AMEND KRS 67C.143 TO ITS PRE-2017 AMENDMENT LANGUAGETO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS (AS AMENDED).
BODY
SPONSORED BY: COUNCIL MEMBER ACKERSON

WHEREAS, the 2017 Kentucky General Assembly revised Kentucky Revised Statute ("KRS") ? 67C.143(3) by removing the words "[sitting as a court]" but retaining the prohibition in subsection (1) that "[n]o legislative council member preferring a charge shall sit as a member of the legislative council when it tries that charge[.]";
WHEREAS, the 2017 amendment to KRS ? 67C.143(3) created uncertainty during the Metro Council removal proceedings against former Councilman Dan Johnson;
WHEREAS, removal charges were filed against Dan Johnson on August 10, 2017 by five (5) members of the Louisville Metro Council for misconduct, incapacity, and willful neglect in the performance of his duties of the office of Metro Council;
WHEREAS, the Jefferson County Attorney's Office reviewed the amendments to KRS ? 67C.143(3) and advised the Louisville Metro Council President that removal of a Metro Council member from office would require a vote of two-thirds (2/3) of the total number of legislative council members sitting as a court;
WHEREAS, the Respondent filed a motion with Council Court requesting a ruling on the interpretation of KRS ? 67C.143 and argued that eighteen (18) votes were required to remove Councilman Johnson, or three (3) votes to find in favor of allowing Councilman Johnson to retain his elected office;
WHEREAS, the Charging Committee filed a Response to Respondent's Motion arguing that KRS ? 67C.143 allows the five (5) members of the Charging Committee to vote on the removal charges against the Respondent;
WHEREAS, the Charging Committee tendered proposed instructions to the Council Court claiming that the vote to remove a Metro Council member requires a two-thirds (2/3)...