Government Oversight, Audit and Ethics Committee
TL;DR
The Government Oversight, Audit and Ethics Committee met to discuss several resolutions affecting local government procedures, including voting rights in removal hearings and special elections. The committee recommended two key resolutions for approval and held one contentious resolution for further discussion.
Key Decisions
- Voting Rights in Removal Hearings Recommended for Approval
- Historic Tax Credit Increase Passed, Recommended for Approval
- Special Elections for Metro Council and Mayor Vacancies Passed, Recommended for Approval
- Abortion Informed Consent Resolution Held for Future Discussion
Agenda
- Call to Order
Chair Person Ackerson called the meeting to order at 5:04 p.m.
- Roll Call
Chair Person Ackerson introduced the committee members and non-committee members present. A quorum was established.
- Pending Legislation
- 1. A RESOLUTION URGING THE KENTUCKY GENERAL ASSEMBLY TO AMEND KRS 67C.143 [TO ITS PRE-2017 AMENDMENT LANGUAGE] TO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS (AS AMENDED).ResolutionAction: untabled
A motion was made by Committee Member Green, seconded by Committee Member Engel, that this Resolution be untabled. The motion carried without objection. Committee Member Hollander and Matt Golden, Jefferson County Attorney's Office, spoke to the item.
- 2. A RESOLUTION URGING THE GENERAL ASSEMBLY AND THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY TO INCREASE THE HISTORIC TAX CREDIT CAP FROM FIVE MILLION DOLLARS TO TEN MILLION DOLLARS.ResolutionAction: recommended for approval Passed
A motion was made by Committee Member Green, seconded by Committee Member Engel, that this Resolution be recommended for approval. Council Member Leet and Pat Durham, Building Industry Association of Greater Louisville, spoke to the item. The motion carried by a voice vote and the Resolution was sent to the Consent Calendar.
- 3. A RESOLUTION SUPPORTING AN AMENDMENT TO KRS 311.727 BY THE KENTUCKY GENERAL ASSEMBLY REGARDING INFORMED CONSENT PRIOR TO HAVING AN ABORTION PERFORMEDResolutionAction: held
Chair Person Ackerson stated how this item would be discussed at the next committee meeting on February 27, 2018. Those speaking in support or in opposition will be by invitation only from the sponsors and the chair person. The sponsors of the Resolution will coordinate the speakers in support of the Resolution and those speakers will have a total of 20 minutes to state their position. The chair person of the committee will coordinate the speakers in opposition to the Resolution and those speakers will have a total of 20 minutes to state their position. The committee will then have 20 minutes to discuss the item before a vote is taken on the Resolution. This item was held in committee.
- 4. A RESOLUTION SUPPORTING AN AMENDMENT TO KRS 67C.103 BY THE KENTUCKY GENERAL ASSEMBLY REGARDING SPECIAL ELECTIONS TO FILL VACANCIES FOR METRO COUNCIL SEATS. (AMENDMENT BY SUBSTITUTION)ResolutionAction: recommended for approval Passed
A motion was made by Committee Member Engel, seconded by Committee Member Green, that this Resolution be recommended for approval. President James spoke to the item. The following were added as co-sponsors without objection from the primary sponsor: - Council Member Mary C. Woolridge - Council Member Sexton Smith - Committee Member Kramer - Council Member Leet - Committee Member Engel - Vice Chair Reed A motion was made by Committee Member Kramer, seconded by Committee Member Engel, that this Resolution be amended as follows: - Add "AND KRS 67C.105" after "KRS 67C.103" in the title - Add "AND THE MAYOR" after "METRO COUNCIL SEATS" in the title - Strikethrough the period and add "; and" at the end of the second WHEREAS statement - Add "WHEREAS, the Metro Council believes that the residents of Louisville Metro should decide and vote in favor of the best qualified person to fill a vacancy in the office of the Mayor of Louisville/Jefferson County Metro Government." as the third WHEREAS statement - Add "SECTION II: The Metro Council encourages the Kentucky General Assembly to pass a bill to amend KRS 67C.105(6) to require that a special election be held to complete the term of a vacated office of the Mayor of Louisville/Jefferson County Metro Government." as the new Section II - Add "and KRS 67C.105(6)" after "KRS 67C.103(12)" in the new Section III - Strikethrough "seats in other districts" and insert "offices" in the new Section III - Renumber Sections I, II, III, and IV as appropriate Matt Golden, Jefferson County Attorney's Office, spoke to the item. The motion to amend carried by a voice vote. The motion to recommend for approval carried by a voice vote and the amended Resolution was sent to Old Business.
- Adjournment
Without objection, Chair Person Ackerson adjourned the meeting at 6:12 p.m. *NOTE: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council Meeting on February 22, 2018.
- Note: Agendas are followed at the discretion of the Chair Person. While an item may be listed, it does not mean all items will be heard and/or acted upon by the Committee.
- R-027-18 A RESOLUTION SUPPORTING AN AMENDMENT TO KRS 67C.103 BY THE KENTUCKY GENERAL ASSEMBLY REGARDING SPECIAL ELECTIONS TO FILL VACANCIES FOR METRO COUNCIL SEATS. (AMENDMENT BY SUBSTITUTION)ResolutionAction: amended
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- Clerk(s)
David B. Wagner, Assistant Clerk Lisa Franklin Gray, Assistant Clerk
- Support Staff
Matt Golden, Jefferson County Attorney's Office Nick Lococo, Jefferson County Attorney's Office
- Non-Committee Member(s)
Council Member Barbara Sexton Smith (D-4), Council President David James (D-6), and Council Member Angela Leet (R-7)
- 1. A RESOLUTION URGING THE KENTUCKY GENERAL ASSEMBLY TO AMEND KRS 67C.143 [TO ITS PRE-2017 AMENDMENT LANGUAGE] TO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS (AS AMENDED).ResolutionAction: recommended for approval
The motion to recommend for approval carried by a voice vote and the amended Resolution was sent to Old Business.
- 1. A RESOLUTION URGING THE KENTUCKY GENERAL ASSEMBLY TO AMEND KRS 67C.143 [TO ITS PRE-2017 AMENDMENT LANGUAGE] TO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS (AS AMENDED).ResolutionAction: amended Passed
A motion was made by Committee Member Engel, seconded by Committee Member Kramer, that this Resolution be amended as follows: - Strikethrough "TO ITS PRE-2017 AMENDMENT LANGUAGE" and insert "TO CLARIFY VOTING RIGHTS IN REMOVAL HEARINGS" in the title - Add "SECTION I: Louisville Metro Council encourages the Kentucky General Assembly to amend KRS ยง 67C.143(1) as follows: Unless otherwise provided by law, any elected officer of a consolidated local government in case of misconduct, incapacity, or willful neglect in the performance of the duties of his or her office may be removed from office by the legislative council, sitting as a court, under oath, upon charges preferred by the mayor or by any five (5) members of the legislative council, or, in case of charges against the mayor, upon charges preferred by not less than ten (10) members of the legislative council.[ No legislative council member preferring a charge shall sit as a member of the legislative council when it tries that charge.]" as new Section I - Strikethrough "with the originally adopted language (2002), which states that a decision to remove a mayor or legislative council member shall require a vote of two-thirds (2/3) of the total number of legislative council members sitting as a court." and insert "as follows: A decision to remove a mayor, legislative council member, or appointee to a board or commission shall require a vote of two-thirds (2/3) of the total number of legislative council members present. Those members present, including the accused and the charging committee, shall have a vote on this matter." in new Section II - Renumber Sections I, II, and III as appropriate The motion to amend carried by a voice vote. A motion was made by Committee Member Engel, seconded by Vice Chair Reed, that this amended Resolution be amended by striking through "ten (10)" and inserting "five (5)" in Section I. The motion to amend was withdrawn by Committee Member Engel.