West Buechel – Split Decision

WEST BUECHEL – MAY 10, 2016. At its regular meeting on Tuesday night, the West Buechel City Council voted upon a Resolution proposed by Council member Toby Clark. The Resolution set out fourteen specific areas of alleged misconduct by Mayor Richards and his staff to be referred to law enforcement officials for investigation and possible criminal prosecution. The six Council members split, with 3 in favor of the Resolution and 3 opposed.

Mayor Richards broke the tie by voting “no.”

City of West Buechel
City Council Resolution
Series 2016, number ___

WHEREAS: Kentucky’s Auditor of Public Accounts has recently called into question whether the citizens of West Buechel are capable of self-government or operating a City according to the Rule of Law.

WHEREAS: The current administration has repeatedly ignored and disrespected well established rules for budgeting, spending, financial reporting, personnel management, record keeping, office management, availability, responsiveness and transparency. These failures have exposed the City to expensive litigation, inconvenienced the general public and fostered an environment of mistrust, hostility and disrespect for the law.

WHEREAS: Kentucky’s Penal Code has criminalized extreme levels of Official Misconduct (KRS 522.020 & KRS 522.030) and Abuse of Public Trust (KRS 522.050) along with other offenses. The Kentucky Revised Statutes impose fines and penalties for lesser violations of certain laws regulating the duties of City official.

NOW THEREFOR BE IT RESOLVED, the following general categories of misconduct and non-compliance, without being limited thereto, shall be referred to appropriate law enforcement agencies and officers for investigation and possible criminal prosecution of the responsible parties.

  1. Payroll payments in excess of amounts authorized by law.
  2. Spending in significant excess of budgeted amounts.
  3. Illegal termination of employees.
  4. Settlement of legal claims against the City without budget authority, without proper documentation, and without Council knowledge or approval.
  5. Willful failure to comply with statutory procurement procedures and intentional concealment of unauthorized purchases from City Council.
  6. Negligent late payments that result in substantial penalties to the City and intentional misrepresentations to the Council.
  7. Falsifying official records to conceal job performance failures.
  8. Failure to comply with established City personnel policies.
  9. Illegal electronic eavesdropping at City Hall public areas, without notice.
  10. Use of City vehicles for personal purposes without complying with City policies and procedures.
  11. Failure to comply with City credit card use, record keeping and reporting requirements.
  12. Failure to comply with financial reporting requirements.
  13. Failure to comply with annual audit requirements.
  14. Failure to comply with bond and oath of office requirements.

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