Wednesday, October 14, 2015

I'm confused

KRS 522.030 Official misconduct in the second degree.
"(1) A public servant is guilty of official misconduct in the second degree when he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions . . . . "

1. The regular West Buechel City Council meeting is set by Ordinance on the second Tuesday of each month.

2. The only requirement for a City Council meeting is a quorum (4) of Council members and a discussion of City business.

3. The presence of the City Attorney, Mayor, Clerk-Treasurer or Assistant Clerk is not required for a City Council meeting.

4. The main reason for cancelling a City Council Meeting is the absence of enough Council members to make a quorum. If City Hall burned to the ground, that might be a good enough reason too.

I assume that either Mayors Richards or Richards called the cancellation of last night's Council meeting. If so, they did so without legal authority. It's a misdemeanor to monkey with a regular meeting date set by Ordinance.

Can you imagine being in jail, your cell mate asks what you're in for and you have to answer, "Well, I illegally cancelled a City Council meeting."

You're doomed.

The reason I'm confused is this: Should the illegal cancellation of a regular meeting of the City Council be punished as a crime, or celebrated as a welcome relief?


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