Journal-Times (Grayson, KY)

May 3, 2013

Jail overcrowding ordinance passes on split vote

By Joe Lewis - Staff Writer

May 3, 2013 —         Carter Fiscal Court met Friday in special session for the second reading of an ordinance to address overcrowding at the Carter County Detention Center.

       At the start of the meeting, Jailer R.W. Boggs was allowed five minutes to address the Fiscal Court with his concerns about the ordinance.

       “I would ask that the Fiscal Court be seriously cautioned as to making such a rash decision, placing our jail in a situation that assures it to be a financial burden on the county for years to come,” Boggs said in a written statement.

       He asserts that the ordinance would force him to relocate as many as 50 federal inmates, which he claims will cost the county upwards of $1.1 million dollars in lost revenue.

       Former magistrate Millard Cordell then attempted to ask a question but was informed by Judge-Executive Charles Wallace that the Fiscal Court would not entertain comments from the public during the meeting.

       Another former magistrate, Jeff Flaugher, then said, “It’s like this every day.”

       That comment drew the ire of Wallace who had Flaugher escorted from the courtroom and cited for disrupting a public meeting.

       “I won’t put up with this crap, you understand? You can’t just come in here and start smart mouthing,” said Wallace.

       Under Kentucky’s open meeting laws, the public's right to attend a meeting does not include the right to participate in the meeting and address members of the public agency.

       That allows Wallace and the Fiscal Court to deny public comment on the issue at hand.

       Magistrate Mary Ellen Greenhill then addressed the Court with her specific reasons for proposing the ordinance.

       “While I was negotiating the federal rate increase, a lot of things came to my attention that I wasn’t aware of before. That’s when I started looking up the state statutes about the jail,” Greenhill said.  “I’m just trying to bring us into compliance with state law.”

       Greenhill also stated that the ordinance does not require Boggs to specifically relocate only federal inmates and that he still has discretion as to how he would implement a plan to bring the population in compliance with the ordinance.

       “No one has ever said that the jailer has to get rid of all of the federal inmates,” Greenhill added.

        The ordinance passed on a 3-2 vote with Magistrates Clifford Roe, Clarence Fankell and Mary Ellen Greenhill casting affirmative votes, while Brandon Burton and Brad Brammell voted against the measure.

       The ordinance will officially be enacted upon publication in the newspaper of record for Carter County -- the Journal-Times.