Tuesday, February 24, 2015

What's-his-names so-called appointment to the Ethics Board

I'm feeling a little sorry for thrashing Tom Howard's name around in connection with former Mayor Fowler's massive screw-up of West Buechel's Ethics Board. I'm sure Tom Howard is a great guy, but I've never met him. He is totally innocent of causing or contributing to the ethics train wreck of 2014.

I blame the lawyer.

There's another problem that popped out from ignorance of the law, and I blame the lawyer for that too. It's part of a lawyer's job to prevent clients from doing stupid illegal things.

"All vacancies shall be filled for the remainder of the unexpired term."

Remember that. It is a verbatim quote from Ordinance 150, Series 1994 creating the Ethics Board, among other things. It's the last sentence of Section 19(D).

"All vacancies shall be filled for the remainder of the unexpired term."

If an Ethics Board member who is appointed for a three year term ending March, 2014, is replaced, the substitute serves only, "the remainder of the unexpired term." The replacement's term also ends March, 2014.

Zuly Delgado, Charles (Chuck) Harlow and  Carolyn Wells were all appointed to the Ethics Board at the same time, in 2011, along with Pauline Harlow as Alternate Board Member. Alternates have only a one-year appointment, by Code, and the three-year terms for the primary Board Members each expired at the same time, in March, 2014.

When Carolyn Wells moved out of West Buechel and she was replace by Crystal Redmon, Crystal's term ended March, 2014. Mayor Fowler re-appointed Zuly, but she did not re-appoint Crystal. Mayor Fowler mistakenly believed that Chystal had a three-year term when, in fact and law, she had only the remainder of Carolyn Well's unexpired term that ended March, 2014..

 Crystal's participation and voting at the Ethics Board meeting of March 12, 2014 was clearly an honest mistake made equally by everyone there, but it was still a mistake. Crystal was not a member of the Ethics Board on March 12, 2014.

Except for the prayers and pizza, the March 12, 2014 Ethics Board meeting was a total nullity.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.