HomeMy WebLinkAbout08/30/82No._ _ 82
Proceedings of Board of Commissioners City of Paducah August 30, 1982
File notice of Called Meeting
Charges: Clovis Lovelace 1
At a Called Meeting of the Board of Commissioners held in the Commission Chamber,
City Hall, Paducah, Kentucky, at 9:30 A.M. on August 30, 1982, Mayor Penrod presided and upon
call of the Roll, the following answered to their names: Commissioners Coleman, Flynn, Ford,
Viterisi and Mayor Penrod (5).
Commissioner Coleman offered motion, seconded by Commissioner Flynn, that the ex -
ecuted copies of the Notice of Called Meeting to be held at 9:30 A.M. on August 30, 1982, be
received and filed. Adopted on call of the Roll, Yeas, Commissioners Coleman, Flynn, Ford,
Viterisi and Mayor Penrod (5).
The meeting was called for the purpose of hearing charges against policeman, Clovis
Lovelace, brought by Chief J. W. Cunningham.
Lovelace appeared in person, with his attorney, Hon. Albert Jones; and Hon. James W.
Utter represented Chief Cunningham, and Hon. L. Daniel Key served as leagl advisor to the Board
of Commissioners.
The charges were heard, detailed testimony was taken by Court Reporters, Juilianna
Foster and Brenda Alexander. After testimony was concluded and oral arguments were presented
by Hon. Albert Jones and Hon. James W. Utter, the Board retired to closed session to consider
the charges, evidence and testimony. Upon reconvening in open session, upon motion by Mayor
Penrod, seconded by Commissioner Ford, the Board rendered the following:
CHARGE I. The Commission finds the defendant not guilty.
CHARGE II. The Commission finds the defendant not guilty.
CHARGE III. The Commission finds the defendant not guilty.
CHARGE IV. The Commission finds the defendant not guilty.
CHARGE V. The Commission finds the defendant not guilty.
CHARGE VI. The Commission finds the defendant not guilty.
CHARGE VII. As to Charge VII, the Board makes the following findings of fact:
1. That Officer Clovis Lovelace was given an order by Assistant Chief of Police
James Grief to appear and submit to a polygraph examination in Frankfort, Kentucky.on July 28,
1982, which time was subsequently changed to August 2, 1982, with the examination to be admin-
istered by a member of the Kentucky State Police licensed to perform said examination.
2. On August 2, 1982, Officer Clovis Lovelace appeared in Frankfort, Kentucky at the
time and place scheduled for said examination.
3. That on August 2, 1982, Officer Lovelace refused to submit to the polygraph
examination as ordered by not executing the waiver filed herein as Defendant's Exhibit 7, which
was presented to Officer Lovelace by the operator of the polygraph.
4. Officer Lovelace knew that by not executing said waiver he would not be given the
polygraph examination by the operator, pursuant to the rules and regulations of the Kentucky
State Police.
The Board, now having made Findings of Fact, determines that Officer Lovelace was
guilty of insubordination by refusing to obey the lawful order of a superior officer and sets
M
Proceedings of Board of Commissioners City of Paducah August 30, 1982
his punishment as suspension from the City of Paducah Police Department for a period of time
not exceeding ninety (90) days, with credit to be given him for those days he has been sus-
pended without pay from the City of Paducah Police Department up to the date of this Judgment.
ENTERED this the -30th day of August, 1982.
Adopted on call of the Roll, Yeas, Commissioners Flynn, Ford, Viterisi and Mayor Penrod (4).
Commissioner Coleman voted "NAY" (1).
Commissioner Viterisi offered motion, seconded by Commissioner Ford, that the meet
be adjourned.
ADOPTED:
City Clerk
1
Mayor
83