Louisville Metro Ethics Commission

City Won't Pay Councilwoman Barbara Shanklin's Attorney for Ethics Appeal Work

Phillip M. Bailey — Thu, 25 Apr 2013 16:30:01 +0000

The lawyer representing embattled Louisville Metro Councilwoman Barbara Shanklin, D-2, will not be paid with taxpayer money during the appeal of her Ethics Commission case.

The panel ruled last month that Shanklin violated five sections of the city’s code of ethics and recommended her removal from office.

Attorney Aubrey Williams is appealing that decision in circuit court, but in a letter the Jefferson County Attorney’s office advises it will not pay for continued representation of the councilwoman.

Williams did not return WFPL's request for comment on Wednesday, but he told The Courier-Journal's Andrew Wolfson the city is trying to "squirm out of its obligations" and force him to drop Shanklin as a client.

Jefferson County Attorney Mike O’Connell says the decision was based on the Metro Council amending the ethics ordinance to forbid tax dollars going toward any appeal process.

"The amendment provides that counsel will be provided to council members during an appearance before the ethics commission only. Any appeals of that or any removal hearings counsel is not provided to the council member," he says.

Councilwoman Barbara Shanklin Faces Removal Trial

Phillip M. Bailey — Wed, 27 Mar 2013 22:46:05 +0000

Five members of the Louisville Metro Council are seeking to remove Councilwoman Barbara Shanklin, D-2, from office over ethics violations.

Earlier this month, the Metro Ethics Commission ruled that Shanklin violated five provisions of the city's ethics code and recommended her ouster.

The Charging Committee is made up of Democrats Tina Ward-Pugh, Vicki Aubrey Welch and Madonna Flood; and Republicans Jerry Miller and James Peden.

Attorney David Tachau will represent the committee and prosecute the case.

He says because the Council Court will have subpoena powers the removal trial will reveal a number of facts and testimonies the ethics hearings could not uncover.

"I do know that Councilwoman Shanklin essentially did not testify and obviously this committee is interested in letting her have her say and address the issues that have been raised by the Ethics Commission and that are in the charging complaint. There are other family members this committee may choose to request a subpoena for," he says.

Special Prosecutor Named in Councilwoman Barbara Shanklin's Public Integrity Case

Rae Hodge — Wed, 13 Mar 2013 20:19:51 +0000

The Louisville Metro Ethics Commission will make a ruling on its case involving Councilwoman Barbara Shanklin, D-2, this week while the criminal investigation against the embattled lawmaker is moving forward.

Shanklin is facing five charges of violating the city's code of ethics, including accusations that she misused taxpayer money in relation to an upholstery training program her office championed.

The commission has a range of options in the case, from declining any punishment to recommending Shanklin be booted from office.

It cannot bring criminal charges against the councilwoman, but a separate investigation conducted by the Louisville Metro Police's Public Integrity Unit could.

The police have finished their probe and forwarded the case to a special prosecutor, First Assistant Commonwealth Attorney Robert Schaefer.

Schaefer tells WFPL he hasn’t had a change to review the extensive caseload, including a large number of binders, an internal audit and hundreds of pages of documents, but his office is taking the case seriously.

"Obviously this case has attracted a lot of interest, and we take all the cases that we do seriously. So I’m not going to rush and put something out there before I’ve had a chance to go through it," he says.

Bill Granting Ethics Commission Subpoena Powers Passes House Panel

Phillip M. Bailey — Mon, 04 Mar 2013 23:35:02 +0000

A bill giving the Louisville Metro Ethics Commission subpoena powers sailed through a state House committee on Monday.

In 2011, a report by the commission complained to the Metro Council about its inability to compel witnesses to testify. Last November, Councilwoman Barbara Shanklin, D-2, put that lack of power on display when she twice walked out of her ethics hearing at the instruction of her attorney.

From The Lexington Herald-Leader:

Sen. Julie Denton, R-Louisville, said the bill was in response to alleged ethics violations of council members in Louisville.
SB 117 would give ethics committees administrative subpoena power to gather documents and compel witnesses to testify.

Bill Blocking Taxpayer Dollars in City Ethics Cases Clears House Panel

Phillip M. Bailey — Thu, 14 Feb 2013 12:30:00 +0000

A bill requiring Louisville Metro officials and employees to pay for their own defense attorneys when charged with an ethics violation passed a state House committee by a unanimous vote.

State Rep. Larry Clark, D-Louisville, introduced the measure citing the over $180,000 in costs for two cases involving members of the Metro Council in recent years.

"I don’t think it’s fair for the taxpayers to have to pay for a lawyer for those of us in public service," Clark told WFPL earlier this week. "I think we should be held at a higher standard."

State Lawmaker: City Officials Shouldn't Use Taxpayer Dollars in Ethics Defense

Phillip M. Bailey — Mon, 11 Feb 2013 13:30:00 +0000

State Representative Larry Clark, D-Louisville, has introduced a bill that would require city officials charged with an ethics violation to pay for their own attorneys.

Under the current system, Metro officials and employees can request a lawyer paid for by the city to defend them against an ethics charge. The new legislation would prohibit taxpayer dollars from being used in those cases.

Clark says citizens should not be funding the defense of ethics charges against local officials accused of violating the public trust.

"First and foremost, I don’t think it’s fair for the taxpayers to have to pay for a lawyer for those of us in public service. I think we should be held at a higher standard," he says.

Judge Dismisses Shanklin Suit Against Mayor’s Office to Halt Ethics Case

Phillip M. Bailey — Thu, 07 Feb 2013 21:00:41 +0000

A Jefferson Circuit judge dismissed a lawsuit against Louisville Mayor Greg Fischer’s office filed by embattled Councilwoman Barbara Shanklin, D-2, that sought to halt an ethics case against her.

The suit alleged Fischer violated Kentucky’s open records law because his office refused to provide documents explaining what authority the mayor had to close an upholstery program Shanklin sponsored.

Shanklin’s attorney Aubrey Williams asked for a temporary injunction in the ethics case until the records were produced. But Judge Audra Eckerle ruled the councilwoman would not be harmed if the ethics proceedings continued.

Democrats Halt Resolution Requesting Ethics Commission Be Given Subpoena Powers

Phillip M. Bailey — Tue, 05 Feb 2013 23:56:12 +0000

After a 30-minute debate, the Louisville Metro Council’s government accountability committee put off a vote asking state lawmakers to give the city’s ethics commission subpoena power.

The non-binding measure had bipartisan support initially with leaders on both sides of the aisle saying it made common sense. But during discussion, Democrats raised concerns that state lawmakers could give the commission too much power and that the council should deliver a more specific proposal.

Councilman Jerry Miller, R-19, is chairman of the committee and filed the resolution. He says he was surprised by the decision to table to measure because no council members objected to the matter beforehand, adding Democrats have sent a troubling message.

"The non-partisan metro council of Lexington is supporting passage of a resolution, which urges passage of this. Our partisan council in Louisville seem to have issues and it’s troubling, but we are where we are," he says.

Councilwoman Barbara Shanklin Sues Mayor Greg Fischer Over Upholstery Program Records

Phillip M. Bailey — Mon, 04 Feb 2013 22:29:56 +0000

Louisville Metro Councilwoman Barbara Shanklin has filed suit against Mayor Greg Fischer's office.

Shanklin, D-2, is seeking public records regarding an upholstery program for ex-offenders that her office funded, which is part of a recent ethics investigation against her.

In September 2012, Shanklin requested records related to Fischer's "involvement in the investigation," and what authority the mayor's office had to close the program.

The councilwoman alleges the mayor is violating the state's open records law and depriving her of evidence needed for her defense in the ethics case.

"Basically we asked for what authority or rule or policy the mayor relied on to terminate the upholstery program," says attorney Aubrey Williams, who is representing Shanklin.

Williams is requesting the ethics commission delay its ruling until this matter is settled.

Two Days of Walkouts in Shanklin Ethics Hearing

Laura Ellis — Sat, 10 Nov 2012 20:00:00 +0000

The ethics hearing of Louisville Metro Councilwoman Barbara Shanklin lasted two days — both days featuring dramatic exits by Shanklin. On the first day, Shanklin invoke her Fifth Amendment protection against self-incrimination, then depart at her attorney's request.