Nov. 29, 2012 — Danny Sparks wrote a letter of resignation as mayor of Olive Hill following his arrest Wednesday night on drug charges. However, several unnamed sources have reported to the Journal-Times that Sparks has now withdrawn his resignation.
Sparks was unavailable for comment on Thursday afternoon, so these reports are unconfirmed.
Under the Kentucky Revised Statutes, a mayoral resignation is not official until acted upon by the city council.
According to KRS83A.040(7), “No vacancy by reason of voluntary resignation in the office of mayor or on a legislative body shall occur unless a written resignation which specifies a resignation date is tendered to the legislative body. The resignation shall be effective at the next regular or special meeting of the city legislative body occurring after the date specified in the written letter of resignation.”
In the letter written after his arrest and dated Nov. 28, Sparks indicated that his resignation would be effective immediately; however it was not presented to the City Council at that time.
In the event that Sparks’ does resign, KRS 83A.040(2) states that the City Council will elect one member to preside over the meetings during the vacancy, and that the Council has 30 days in which to appoint a new mayor. If the council fails to appoint a new mayor within 30 days, the duty falls to the Governor.
The FADE task force arrested Sparks after an investigation that had been ongoing for several weeks. He was charged with trafficking in marijuana within 1,000 feet of a school, a felony. Sparks was detained near Olive Hill Elementary School.
FADE officers also found an open container of alcohol in Sparks' vehicle, which is a violation.
The Olive Hill City Council is slated to hold a special meeting concerning property taxes Thursday night at 6 p.m. Sparks’ arrest and possible resignation could be discussed under a provision for emergencies. According to KRS 61.823(5), “…Discussions and action at the emergency meeting shall be limited to the emergency for which the meeting is called.”
The Journal-Times will attend Thursday’s meeting and update readers at its conclusion.