Officials meet about Cox in Frankfort

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April 23, 2009

By RONNIE ELLIS The Glasgow Daily Times Thu Apr 23, 2009, 12:46 PM CDT

FRANKFORT — Barren County Judge-Executive Davie Greer and four magistrates Wednesday appealed to Gov. Steve Beshear’s chief of staff to help them with the problem of their jailer who refuses to go away.

Leland Cox was charged last July with 30 misdemeanor counts of sexual harassment of female deputies at the Barren County Correction Center. He subsequently informed Barren Fiscal Court in writing that he would relinquish the position “until all criminal charges currently pending against me are fully resolved in court.”

Earlier this year, Cox entered an Alford plea and agreed to retire on Jan. 2, 2010 and final sentencing was scheduled for March 2011. Reacting to a public outcry, the court voted to suspend Cox’s pay of $84,595 a year.

But then Cox informed the court he planned to resume his duties and rented an office in downtown Glasgow from which he wants to operate the jail. His plea agreement bars him from going to the jail. Frankfort attorney, Jim Deckard, retained by the county to represent it in its dealings with Cox, contends Cox’s written intention to relinquish his duties remains in effect because his legal case is still pending until final sentencing in March 2011. In the meantime, the jail is being run by the sheriff’s department.

Greer previously asked Beshear through intermediaries to invoke provisions of KRS 63.100 through 63.130, which appear to give the governor authority to remove Cox. Wednesday, she and magistrates Carl Dickerson, Tommy Matthews, Billy Houchens, and Carlie Coe Jr. went to Frankfort to make the request in person.

“We got a meeting with (Beshear’s) chief of staff, Adam Edelen,” Greer said afterward. “We were talking to him about our jailer and I thought it went pretty good. Of course, he didn’t commit to anything.”

Edelen said he met with Greer and the magistrates to get background and information on the Cox issue.

“They were here to share the background and to acquaint me with the scandal down there,” Edelen said. He said he will share that information with Beshear.

“The governor is going to look at his options,” Edelen said when asked if he would recommend specific action to the governor.

Beshear’s General Counsel Ellen Hesen, said previously the statute Greer wants Beshear to invoke has never been used so far as she knows. She said a better remedy would be to charge Cox with misfeasance or malfeasance, charges of which if he’s convicted would vacate the office under KRS 51.040 and 61.170.

The statute Greer and the fiscal court are pushing allows the governor to take testimony, either in person or by deposition and says he may find an officer guilty of neglect of duty and order him removed. But Cox could appeal through the courts.

The Jan. 2, 2010 retirement date — as agreed to in the plea arrangement — is the date on which Cox is scheduled to be fully vested in his state pension. It’s not clear how the time between his letter “relinquishing” his office and Jan. 2 would be calculated.

Deckard also attended the meeting with Edelen but had little comment afterward.

“We had a very good meeting in the state capitol with a majority of the Barren Fiscal Court about some of the most unfortunate circumstances Barren County has ever seen,” said Deckard.

Ronnie Ellis writes for CNHI News Service and is based in Frankfort, Ky. He may be contacted by email at rellis@cnhi.com.

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