HomeMy WebLinkAboutMinutes Book 19, Page 650, December 8, 1936NO..
Proceedings of_. Board of Comnissiocer•s __ Cit. of Paducah December 8, 1936
At a call meeting of the Board of Commissioners held in the
Co:a:lssloners I Chamber at the City Hall, Paducah, Kentucky, at 1 o'clock P.;;i. on the
8th duy of December, 1936, Mayor Washburn presided and upon Bali of the roll. the
following answered to their names: Commissioners Hannin, Lockwood, L:cIton, rulliam and
...ayor ',:ashburn (5).
t:ayor Washburn stated reason fo. call, to -wit: For the purpose of
preferring charges against Corporation Counsel V.I. V. Eaton and to transact any other
b;:slness that may coxae before tire meeting.
w+Myer i'Jashburn offered the following motion: I move that the
Ct....,;_9 written charges against W. V. Eaton as Corporation Counsel of the City of Paducah, to-
gethcr with supporting affidavits be received, filed and spread upon the Minutes,
and a certified copy thereof be delivered by the City Clerk to L. V. Bean, City Glanager
ar3 to W. V. Eaton, Corporation Counsel:
"To "_:r. L. V. Bean
City :=anager,
City of Paducah, Kentucky,
The Hoard of Commissioners of the City of Paducah hereby submit to
you as City Manager, the Board of Commissioners charges against your appointee W. V.
Baton as Corporation Counsel of the City of Paducah, and refer the disposition of said
chargesto you, and inform you that the Board will be convened Thursday morning at
1J: 00 A.R. December 10th, 1936, to receive your judgment or findings on the charges
this day submitted to you.
The Board of Comm.ssione s charge that on November 19, 1936, at a
called meeting in the Commissidners Chamber at.the City Hall, that Corporation Counsel,
Yi. V. Eaton, publicly stated that the ordinances passed by a former administration,
was prepared by him and by him recommended to the administration for enactment; that
at the tante he prepared said ordinances and approved the same and recd:•smended them to
said a=,inistration for enactment or adoption, under which there was borrowed
6S,J J.Uu from the City ::atfonal Bank, which sum is now in litigation; that he, W. V.
u.uton, Knew said ordi::ances were Invalid because the money was not to be used for
gover::::.e,:tal purposes. The said W. V. Eaton further stated that he would do the same
thing again if it could be put over, and that if permitted to handle the case without
Spec.:i Counsel, he would win the case for the City.
Frow investigation it is shown by a pleading prepared by the said
__ton and filed as the City's answer and cross petition in the action of the Cit3
1 Bank?s Receiver vs. The City of Paducah, now pending in United States District
that the said Fr. V. Eaton for and on behalf of the City of Paducah seers to
_:ci the 1165,U0,).00 obligation because said funds were not used for Governmental
,ores.
The Board of Commissioness further charges W. V. Eaton with having
_.:aryl occasions criticized nembers of the Board of Comwissiouers publicly and
r, *lure to comply with the rules adopted by the Board of Co:a:aissio::ers on January
for the conduct of the proceedings of the Board of Co:,missloners of the City
Bah, in that he has on sany occasions risen to his feet and proceeded to
himself without having been called upon by a member of the Commission, or
risking permissfor, of the Presiding, Officer to be heard, or without having been
._ d by the presiding officer. That he has on several occasions, while the
ioacrs ar_�' the City anagcr were discussing matters, interrupted said
"If( rEd his p..rso:i%L opinipn a,, to what he cons:iderca best to be done
:rely Out:;idc of :as ....ties as Legal adviser.
ii:n noa.d t:as r_ -ached the conclusion that the advice given by Y.V.
cr to a nor_,-:• Board of Cozm'issLoners a:,d his public ad.r.ittanct
;,re : tlx: cr . _ _:a.c as ucntioned above, he knew said ordinances
.rCt, he advised that Board of Casaissior:ers tc
-r—id of Co.cmissioners i,x the position ;rhure
7 :vice, nor exact ordi::u,:oes or reno-
rea.or: he cannot be of service to the
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NO_65 L
Proceedingsof_Board of Co:,.ilssiouers _ ___CityofPaducah_''Oec;mb:.r>p '!936 1
"him by Co..:iss'.o:: r uannin publicly state that the ol'dlnanee5 passvd by a tor:.ier
admi::istration, to•-r:it:- The -ackey Adm[nistratloi., which ordirauces a?cthorlxtd
he borro:ring of money from the Cty Oat lonal. Bank, was prepared Ly the said li.. V.
Caton ayid by him reco.mended to that Board of Coli"Lssioners for enact,;eo_t or
adoption. 'lilt at Lhe time the said W. V. EnLo:: prepared said otv.Lnaneca a.,prov,_d
;the same and recomended said ordinances to the Lackey Administration for er:actcrent
or adoption, that he, W. V. raton 4new said ordinances were invalid bec..use the
!:money was not to be used for Governmer,taL purposes, and at the same tisc said W.V.
'Eaton stated pubLicly that he would doe Lhe same thing again if tic could pnt it
over, and that if p,-nAtted to handle the 'litigation which involves the ordinances
mentioned he would be able to win the case for the City of Paducah. From,
investigation it is shown that the pleadings prepared by the said W. V. Eaton, sama
being answer and cross petition of the City of eaducah in the action: of the City Tri
'':iational Bank's Receiver, vs. The City of Paducah welch is now pending In the United
^States District court, and in which action the ordinances above referred to are
involved, the said W. V. Eaton Is ccking for a.:d or: behalf of the City of Paducah
s
i'to ca -cel the notes represented by the two (%) ordinances bacau�e said funds were
..ot used for Governmental purpoaes.
The affiants further state Lhat the said Y+. V. Laton qs Corp -
°oration Cour:sel of the City of Paducah has on severaL occasions criticized the
::.e ,bens of the Board of Cou_:issioners publicly ar,d that he cid on the night of
:,ovcaber 19, 1936, publicly state that he doubted the wisdom of the Layor in
offering a ,notion to e:uploy Special Counsel in the litigation now p@:riding betwoin
the pity national Bankts receiver and the City ofraducah; that the said V:. V.
has on nuiperous occasions failed and refused to co.rpiy with the rules adopted by
the hoard of Commisslon-rs on January 5, 1930 for the conduct of the proceedings
of the Board of Commissioners of the city of Paducah In that he has proce>ded to
express himself without having been called upon by a member of the Board of
Co:anfssioners or without asking permission of the Presiding Officer to be heard,
j'and with expressing himself without having been recognized by the Presiding Officer.
That the said W. V. Eaton has on several occasions, zhile the Board of Coo.li.scioi. rs
:.d City :tanager, L. V. Bean, were discussing matters pertaining to the city
taffairs, interrupted said discussion, Interrupted the :.;anger and offered his
personal opinion as to what he considered best to be done in matters entirely
outside of his duties as Corporation Counsel or Legal Adviser to the Board of
r,
Comlissioners.
That his action and conduct has bee= such as to prevent a unified
and harmonious conduct of the affairs of the City of Paaucah.
d
y ULOhGc: A. i�
TG_:LL LOUMME
LDGA':: T. Ui:SHG iii; c
R Subscr .bed and sror_i to before me by George H:,n:ir., Tuttle .,ock,•rood aid
kdgnr S. 'V.asbburn, o:. this the 8Lh day of Utceo,.b�r, 1956.
Kathryn Hendren, ?Notary 'al:tic
...cCracker, Co. Fy.
F.doptod on ca_L of the roll: Yeas; Co.::::tss.loi:crs llataaa, L•ockwooc: a,:_i ..ayor 4. shburn
(3;. .ays, Con.ls.,:oners el.tot: and Pulliam (L).
bdjour<..eta ::ayor 7,ashbur,c offored the foifowii.g :Notion: I :love that this
i s be aujour::,. d wail Thursday December 10, 1*2a6, at 1J 0v) for ti:o
,.ose of recei%:. g and I',iing the action tazc:c. o.. said cii:irbes by the i;ity .....;::Fc.
c 11 of the roll: leas• Go:::.:JsLdd::ers ilan:ir., socicwood,
:alltan or .,.shburn (5).
1J36 Al,i' 0 ! 1✓t