HomeMy WebLinkAbout01-17-2023 Special Called - Guess HearingJanuary 17, 2023
At a Special Called Meeting of the Paducah Board of Commissioners held on Tuesday,
January 17, 2023, at 4:00 p.m., in the Board of Commissioners Chambers, City Hall, 300 South 5'
Street, Paducah, Kentucky, Mayor George Bray presided. Upon call of the roll by the City Clerk,
Lindsay Parish, the following answered to their names: Commissioners Henderson, Smith, Wilson
and Mayor Bray (4). Commissioner David Guess was present as Respondent to the misconduct
charges filed against him.
A transcript of this Public Hearing is on file in the City Clerk's Office.
RATIFY MAYOR'S ORDERS
Commissioner Henderson offered motion, seconded by Commissioner Smith, "to ratify the Orders
issued by the Board of Commissioners and signed by Mayor George Bray. Specifically,
• The Order on Pre -Hearing Evidentiary Motions dated January 17, 2023
• The Order on Respondent's Motion to Dismiss dated January 17, 2023
• The Order on Respondent's Motion for Written Decision on Motion to Dismiss and/or
Continuance dated January 17, 2023
• The Order on Respondent's Motion for Clarification and/or Reconsideration re: `Zero
Tolerance' Policy dated January 17, 2023
• The Order on Respondent's Motion for Clarification and/or Reconsideration re: `Not Privy'
Communications"
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Wilson and Mayor Bray (4)
PUBLIC HEARING RELATED TO MISCONDUCT CHARGES FILED AGAINST
COMMISSIONER DAVID GUESS
Carol Schureck Petitt of Vaughn Petitt Legal Group, PLLC served as Complainant Counsel. David
T. Riley of Grumley, Riley & Stewart, P.S.C. served as Respondent Counsel. Stacey Blankenship
served as Counsel to the City Commission.
Ms. Petitt was allowed 10 minutes to make an opening statement.
Mr. Riley was allowed 10 minutes to make an opening statement.
Each witness was sworn in by the City Clerk before testifying before the City Commission.
Ms. Petitt called the following witnesses:
• David Guess
• Greg Cherry
• Stefanie Wilcox
Mr. Riley called the following witnesses:
• J.W. Cleary
Ms. Petitt entered the following Exhibits into the record of the meeting:
• Exhibit 1 — Resolution of the Board of Commissioner of the City of Paducah, Kentucky
Charging Commissioner David Guess with Misconduct Pursuant to KRS 83A.040(9)
• Exhibit 2 — Text Message exchange between David Guess and Greg Cherry
• Exhibit 3 — Statement from David Guess made on Facebook
• Exhibit 6 — City of Paducah Attachment A: Notice of Counseling or Disciplinary Action
• Exhibit 7 — Termination Notice Letter from Stefanie Wilcox dated September 16, 2022
Mr. Riley entered the following Exhibits into the record of the meeting:
• Exhibit 4 -Text Message exchange between David Guess and Greg Cherry with time stamps
• Exhibit 8 — Lions Club Minutes from December 19, 2022
• Exhibit 9 — Text Message Chain between David Guess, Sandra Wilson, and Carol Gault on
November 8, 2022
(Note: No Exhibit 5 was entered into the record. Copies of all Exhibits listed above are on file in the
minute folder for this meeting in the City Clerk's Office.)
Ms. Petitt was allowed 10 minutes to make a closing statement.
Mr. Riley was allowed 10 minutes to make a closing statement.
January 17, 2023
EXECUTIVE SESSION
Commissioner Smith offered motion, seconded by Commissioner Henderson, that the Board go into
closed session for discussion of matters pertaining to the following topic:
• Issues which might lead to the discipline or dismissal of a member, i.e., Commissioner,
as permitted by KRS 61.810(1)(f).
Adopted on call of the roll yeas, Commissioners Henderson, Wilson, Smith and Mayor Bray (4).
No vote was taken in Executive Session.
RECONVENE IN OPEN SESSION
Commissioner Wilson offered motion, seconded by Commissioner Smith, that the Paducah Board
of Commissioners reconvene in open session.
Adopted on call of the roll yeas, Commissioners Henderson, Wilson, Smith and Mayor Bray (4).
ACTION RELATED TO MISCONDUCT CHARGES FILED AGAINST COMMISSIONER
DAVID GUESS
Mayor Bray offered motion, seconded by Commissioner Henderson, that "the Board of
Commissioners issue the following finding: Having heard and reviewed the evidence presented at
this hearing, the Board of Commissioners finds that Commissioner David Guess committed the
offense of misconduct as that term is used in KRS 83A.040(9) when he sent text messages to a City
employee which stated, `You got Dujuan under control?' And `Whitey keeping a black man
down."'
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Wilson and Mayor Bray (4)
Mayor Bray offered Motion, seconded by Commissioner Smith, "that the Board of Commissioners
remove Commissioner David Guess from the office of City Commissioner, effective immediately."
Adopted on call of the roll yeas, Commissioners Henderson, Wilson, Smith and Mayor Bray (4).
ADJOURN
Commissioner Wilson offered motion, seconded by Commissioner Henderson that the meeting be
adjourned.
Adopted on call of the roll yeas, Commissioners Henderson, Smith, Wilson and Mayor Bray (4)
TIME ADJOURNED: 7:40 p.m.
ADOPTED: February 14, 2023
ATT ST:
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