Journal-Times (Grayson, KY)

December 12, 2012

Judge rules in Fiscal Court’s favor

By Leeann Akers - Managing Editor
Journal-Times

Dec. 12, 2012 — A special judge has handed down a ruling in the Renee Stewart and Carter County Attorney Patrick Flannery vs. Carter County Fiscal Court dispute over open meetings.

Judge John David Preston of Johnson, Martin, and Lawrence counties presided at the bench trial on Nov. 29.

After a full day of testimony, Preston ruled against Stewart and Flannery in a judgment handed down on Dec. 6.

In his ruling, Preston sited another Open Meeting Violation case, Knox County vs. Hammons, which ruled that the Knox County Fiscal Court held its meeting at “such inconvenient locations as to effectively render public participation impossible.”

When taking that case into account, Preston concluded that with regard to the statutory language, as a matter of law that the Carter County Fiscal Court violated the Open Meetings Act, and that adjournment to the much larger old Circuit Courtroom would have been feasible.

However, Preston also took into account case law on the issue, which says the burden imposed on the plaintiffs, in this case Renee Stewart and Carter County Attorney Patrick Flannery, is extraordinarily high.

Preston said in his ruling that the case law states that Open Meetings statutes are designed to prevent government bodies from rendering public participation “impossible.”

Because the plaintiffs, Stewart and Flannery, were unable to meet the “impossibility standard,” they lost the case.

Carter County Jailer R.W. Boggs said the ruling would lead to more turmoil in Carter County.

“This case shows Wallace’s determination to shove the regional jail down the throats of the citizens despite the overwhelming majority of people who are against it,” Boggs said. “He has absolutely lost touch with the will of those who elected him to office.

Flannery believes that the ruling goes against the spirit of the Open Meetings Act.

“They are saying that a public agency can have a meeting in a broom closet if they want and that the Open Meetings Act has no teeth,” Flannery said. “This is a concern for anyone who has an interest in local government.”

It is unclear at this time if Flannery and Stewart will appeal the ruling.

The meeting in question was centered on the first reading of two ordinances, which created the Northeast Regional Jail Authority.

The Kentucky Jailers Association has sued the Fiscal Courts in both Carter and Boyd counties. That case is set to be heard Dec. 17 in Franklin Circuit Court.

“I will not stop fighting this issue until it is dead,” Boggs said. “A win in the Franklin County case will kill the issue, but the bottom line is the cost to the tax payers. If Wallace would have spent half the effort working with me instead of trying to push this idea on the county, we would be even further ahead than we are today.”

Wallace declined to comment on either case.

Leeann Akers can be reached at lakers@journal-times.com or by phone at 474-5101.