Commission appoints Carter as mayor

By GINA KINSLOW

TOMPKINSVILLE — The Tompkinsville Commission named one of its own Thursday night to serve as mayor.

The Commission voted unanimously to appoint Commissioner Steve Carter as mayor.

“I’ll try to do the best I know how to do and treat everyone the same,” Carter said.

The appointment came after commissioners discussed the ruling made last week by special judge Ron Johnson in Monroe Circuit Court.

Johnson ruled that a special mayoral election be held the first Tuesday in May and gave both Bev McClendon and Jerry Hodges’­ counsel seven days to submit their proposed findings for the proposed ruling they would like for him to hear in the case.

Johnson said he would consider both parties findings and then issue his ruling, which City Attorney Rich Alexander said he anticipates being handed down sometime next week.

McClendon won the November 2006 mayoral race with 325 votes over opponent Jerry Hodges, who had 324 votes.

Hodges challenged the November 2006 election claiming McClendon conducted campaign activities within 300 feet of polling places and near the Monroe County Courthouse while walk-in absentee voting was occurring.

The matter has been heard by judges at the local circuit court level, the appellate level and by the Kentucky Supreme Court over the course of two years.

After last week’s special hearing, McClendon and Hodges said they intend to run for the mayoral seat again during the special election.

Alexander told commissioners Thursday night he has some concerns about having a special election in May.

“Of course we want the election to be held, obviously, but we want it to be held from a constitutional and legal standpoint,” he said. “I don’t believe there is any provision in the law that provides for a special or new, or however you want to characterize it, election between now and the regular election of November 2010.”

Alexander pointed out that Section 152 of the Kentucky Constitution states vacancies in all elected offices shall be filled either election or appointment. If the unexpired term ends at the next succeeding election, the office shall be filled by appointment for the remainder of the term.

Tompkinsville’s mayoral term ends in November 2010, which is the date of the next general election.

“So, we’re in kind of a tough situation. We’ve got a special circuit judge who has ruled, or will rule when the written order is entered, that the election is to be held the first Tuesday in May. Then we’ve got the Constitution, which says you can’t hold an election until November 2010,” Alexander said. “What concerns me about that as the city attorney is if we move forward and an election is held in May then whoever wins that election will take over as mayor, but will it have been a constitutional election and will we open ourselves up to further litigation by somebody contesting the election itself.”

No action could be taken until Johnson enters his written order, but it was his opinion that something needed be done whether the city intervenes in the lawsuit to assert its concerns or work with the county board of elections and get their thoughts on it, Alexander told the commissioners.

He informed commissioners that he had spoken with the legal counsel for the State Board of Elections about the matter.

“And they flat out say we don’t believe it is constitutional,” Alexander said. “However, as a state agency we have no mechanism for stepping into your local lawsuit. She did tell me whoever pays for the election, if it is held in May, the state will not be reimbursing them for any costs because they don’t feel like it is a constitutional election. So, whoever pays for it is going to be on the hook.’

He also told commissioners that he has spoken to Monroe County Attorney Wes Stephens about the matter, and that they think the Commission needs to wait and see what the judge orders.

“I do think the city needs to do something to address it so we don’t end up in three months right back where we started with a questionable election,” Alexander said.

Commissioners decided to meet in closed session to discuss the matter further. After resuming their open session, Carter announced that no action had been taken.

Carter had been serving as mayor pro tem up to that point. It was after the commissioners resumed their open session, that they agreed to appoint someone to fill the mayoral vacancy. The Commission had 30 days in which to appoint someone to fill the vacant mayoral seat. The position became vacant on Jan. 22, which was when the Kentucky Supreme Court denied McClendon’s petition for modification of an opinion rendered on Oct. 23, 2008.

The Supreme Court’s ultimate holding in the case is that the Kentucky Court of Appeals decision is reversed and the original judgment of the Monroe Circuit Court entered on March 2, 2007 be reinstated, which means the 2006 mayoral election will be set aside and declared null and void and a new mayoral election will be held. That ruling sent the case back to Monroe Circuit Court for last week’s special hearing.

In addition to appointing Carter as mayor, the Commission also appointed Richard Jackson to fill Carter’s vacant seat on the Commission.

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