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
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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
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