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HomeMy WebLinkAbout04/20/00204 APRIL 20, 2000 At a Called Meeting of the Board of Commissioners, held in the Commission Chambers at City Hall, at 6:30 p.m., Thursday, April 20, 2000, Mayor Jones presided, and upon call of the roll by the City Clerk, the following answered to their names: Commissioners Coleman, Paxton, Smith and Mayor Jones (3). Commissioner Wrye was absent (1). R & F NOTICES Commissioner Paxton offered motion, seconded by Commissioner Coleman, that the executed Notices of Called Meeting for 6:30 p.m., Thursday, April 20, 2000, be received and filed. Adopted on call of the roll, yeas, Commissioners Coleman, Paxton, Smith and Mayor Jones (4). Hon. W. David Denton and Hon. Stacey Blankenship represented the Complainant, Chief of Police Kermit Perdew. Hon. Tom Osborne represented the Board of Commissioners. Proceedings were recorded by Elizabeth Hausman, Court Reporter, Mayor Jones announced that this meeting was called for purposes of hearing charges filed against Police Officer Lawrence Acree, who was not present, nor was his attorney, Andrew Coiner, present. Mayor Jones Asked David Denton if he had a statement. David Denton announced that the meeting had been called to hear charges - one filed by Chief Kermit Perdew against Police Officer Lawrence Acree; the second one was a separate set of charges filed by Officer Acree against Chief Perdew. Mr. Denton said that there had been a series off discussions and negotiations today regarding Mr. Acree's resignation, and they reached an agreement. Officer Acree had decided to resign, and his attorney, Andrew Coiner, and Mr. Denton signed the resignation form which he (Mr. Denton) passed out to the Commission. Mr. Coiner signed on behalf of Mr. Acree and confirmed that to Mr. Denton. Mr. Denton signed the form on behalf of Chief Perdew. The resignation form states that the resignation is being accepted; the hearing is therefore moot; and that Officer Acree will be resigning, effective immediately. Mayor Jones asked Mr. Denton if ithe resignation, signed by counsel for each party, and circulated, was a legally binding documents upon Mr. acree. Mr. Denton advised, that in his professional opinion, it was. Mayor Jones also asked, and was assured by Mr. Denton, the Orders dismissing all charges and accepting the resignation of Mr. Acree would be ready tomorrow for the Mayor to execute and the City Clerk to enter into the record. Mayor Jones asked, and was told by Mr. Osborne, that the Statute clearly gives any party involved in the charge the right to withdraw at any time before it is presented to the City Commission, and he was not sure the City Commission had any choice but to accept it, under the law. Mayor Jones said if it was all right with the City Commission, they would take a vote, adjourn the meeting, and file the resignation with the City Clerk tomorrow. The Commission agreed unanimously. Mayor Jones further stated that he wanted to make it plain that he did not necessarily agree that anybody, every time they have a statement of charges or complaint against a police officer, can file charges with the City Commission and the City Commission has to convene and hold a hearing on the charges. He said this kind of action would bring the whole status of government to a standstill. Mr. Denton announced that the City Manager gave him a note and asked that he make it clear that the documents in the file of the City Clerk pertaining to these matters are public documents and the parties recognize that the city is subject to the Open Records Law of the Commonwealth of Kentucky. Mayor Jones said those records are not subject; they are 2.05 not open records. Mr. Denton replied that they are public records that are available, and Mayor Jones said they are public records. Mayor Jones said this investigation, the charges filed against Patrolman Lawrence Acree by Chief Perdew, were a result of information that came to him (Mayor Jones) from two sources and that he directed the City Manager to commence an investigation. The City Manager, in turn, directed the Chief of Police to do that. Mayor Jones said he wanted to be sure that it emanated not from charges by Chief Perdew, who made that decision, but from the investigation. Upon motion the meeting adjourned. ADOPTED: OCI CLE hearings/acreemin MAYOR 0