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The Kentucky Association of Counties held a special executive committee meeting, pursuant to proper notice given in accordance with KRS 61.823, at 6:00 p.m. on Wednesday, March 20, 2019 at 400 Englewood Drive in Frankfort, Kentucky.
The roll was called. The following Directors were present: President Elbert Bennett, Caldwell Co. Magistrate; President-Elect Gary Moore, Boone Co. Judge/Executive (via phone); 1st Vice President Reagan Taylor, Madison Co. Judge/Executive; 2nd Vice President Phil Sammons, Boyle Co. Magistrate; and Immediate Past President David Nicholson, Jefferson Co. Circuit Clerk.
Others present were: Brian Roy, Executive Director/CEO; Tim Sturgill, General Counsel; and Sonya Chesser, Executive Secretary.
President Bennett called the meeting to order at 6:00 p.m.
Motion made by Reagan Taylor, seconded by David Nicholson, to go into closed session to conduct a discussion or hearing which might lead to the appointment, discipline or dismissal of an individual employee as authorized by KRS 61.810(1)(f) at 6:00 p.m. Motion carried.
Motion made by David Nicholson, seconded by Phil Sammons, to return to open session at 9:41 p.m. Motion carried. No action was taken in closed session.
The board agreed to hold a special meeting at 10:00 a.m. on Thursday, March 28 to discuss the process for a search for an executive director.
Motion made by Phil Sammons, seconded by David Nicholson, to adjourn the meeting at 9:54 p.m. Motion carried.
The Kentucky Association of Counties held an emergency executive committee meeting, pursuant to proper notice given in accordance with KRS 61.823, at 11:00 a.m. on Saturday, March 23, 2019 at 400 Englewood Drive in Frankfort, Kentucky.
The roll was called. The following Directors were present: President Elbert Bennett, Caldwell Co. Magistrate; President-Elect Gary Moore, Boone Co. Judge/Executive; 1st Vice President Reagan Taylor, Madison Co. Judge/Executive; 2nd Vice President Phil Sammons, Boyle Co. Magistrate; and Immediate Past President David Nicholson, Jefferson Co. Circuit Clerk.
Others present were: Tim Sturgill, General Counsel; Rich Ornstein, Staff Attorney; and Sonya Chesser, Executive Secretary.
President Bennett called the meeting to order at 11:01 a.m.
On behalf of President Bennett, Mr. Sturgill read the following statement as required by KRS 61.823(5): On Wednesday evening, March 20, 2019, the KACo Executive Committee met with executive director Brian Roy in executive session of a special meeting to address complaints that committee members had received regarding Mr. Roy. The committee advised Mr. Roy that it believed that the complaints warrant investigation by an outside investigator and offered Mr. Roy the opportunity to discuss alternate exit strategies if he would rather not endure such an investigation. Mr. Roy indicated that he would consider resigning if he knew the complaints about him did not involve criminal activity or improper sexual conduct. After being advised that the complaints did not involve conduct of that nature, Mr. Roy indicated that he would resign with three months' pay if he was not prohibited from going to work for a KACo competitor, indicating that he has received previous offers to do so, or he further indicated that he would resign and give KACo a covenant that he would not compete with KACo if he would be paid six months' salary. After further discussions with Mr. Roy, the executive committee left the meeting under the impression that Mr. Roy would go ahead and resign effective June 30, 2019 and that he would not be required to report to the KACo offices for the remainder of his employment, but would, instead, be available for consultation upon request of KACo staff. Mr. Roy would also receive a lump-sum payment at the end of his employment of three additional months' salary if he would execute an agreement not to compete for a period of one year.
Subsequently, KACo's general counsel worked with Mr. Roy throughout the morning of March 21, 2019 to craft a resignation letter to the KACo president and a statement agreeable to both parties that Mr. Roy could send to whoever Mr. Roy wished. The content of those documents were finalized and approved by Mr. Roy and Mr. Roy requested that both documents be sent out by his administrative assistant from his KACo email account.
On March 22, 2019, the KACo president received a call on Mr. Roy's behalf from an attorney indicating that Mr. Roy wished to rescinds his resignation. Subsequently, at 4:14 p.m., Mr. Roy's attorney notified KACo's general counsel by email that Mr. Roy "rescinds and withdraws [his] resignation...[and] plans to maintain his role as executive director and CEO for the remaining years of his contract term."
The late notice of Mr. Roy's intention to maintain his role as executive director, the impending weekend and the planned, out-of-country travel of the KACo general counsel, required that this meeting be called at such time that would prevent the agency from providing the 24 hour notice of the meeting as required by KRS 61.823(4) and (c), and allow time for the committee to meet, discuss the issues, and possibly take action and to still allow the timely notice of a meeting of the KACo Board of Directors to discuss and take actions on the matter if the executive committee determined that a full board meeting was necessary.
Mr. Nicholson asked that the record reflect that the KACo IT staff was notified of this emergency called meeting and that the public doors, the front doors of the KACo building, were accessible and open as of 10:00 a.m. (EDT) March 23rd, that the front doors would remain accessible during the meeting, and that the meeting is taking place in the large board room of the KACo offices, with the board room doors open with the public clearly having access to the meeting. He noted that the notice of the emergency meeting was posted on one of the front doors of the KACo building.
Motion made by Phil Sammons, seconded by Gary Moore, to go into closed session to conduct a discussion or hearing which might lead to the appointment, discipline or dismissal of an individual employee as authorized by KRS 61.810(1)(f) at 11:11 a.m. Motion carried.
Motion made by Gary Moore, seconded by David Nicholson, to return to open session at 2:00 p.m. Motion carried. No action was taken during closed session.
Motion made by Reagan Taylor, seconded by Phil Sammons, to engage attorney Barry Stilz to advise and represent KACo regarding matters relating to KACo Executive Director Brian Roy. Motion carried.
Motion made by Phil Sammons, seconded by David Nicholson, to place Brian Roy on paid administrative leave pending further notice. Motion carried.
Motion made by David Nicholson seconded by Gary Moore, to adjourn the meeting at 2:02 p.m. Motion carried.
The Kentucky Association of Counties held a special executive committee meeting, pursuant to proper notice given in accordance with KRS 61.823, at 1:00 p.m. on Monday, March 25, 2019 at 400 Englewood Drive in Frankfort, Kentucky.
The roll was called. The following Directors were present: President Elbert Bennett, Caldwell Co. Magistrate; President-Elect Gary Moore, Boone Co. Judge/Executive (via phone initially, then in person); 1st Vice President Reagan Taylor, Madison Co. Judge/Executive; 2nd Vice President Phil Sammons, Boyle Co. Magistrate; and Immediate Past President David Nicholson, Jefferson Co. Circuit Clerk (via phone initially, then in person).
Others present were: Rich Ornstein, Staff Attorney; Barry Stilz and Lynn Zellen, Kinkead & Stilz Law Firm, PLLC; and Sonya Chesser, Executive Secretary.
President Bennett called the meeting to order at 1:03 p.m.
Motion made by Reagan Taylor, seconded by Phil Sammons, to go into closed session to conduct a discussion or hearing which might lead to the appointment, discipline or dismissal of an individual employee as authorized by KRS 61.810(1)(f) at 1:04 p.m. Motion carried.
Motion made by Reagan Taylor, seconded by Phil Sammons, to return to open session at 1:53 p.m. Motion carried. No action was taken in closed session.
Motion made by Phil Sammons, seconded by Reagan Taylor, to recess at 1:57 p.m. and reconvene no later than 30 minutes after the conclusion of the March 25, 2019 special KACo Board of Director's meeting. Motion carried.
Motion made by Reagan Taylor, seconded by Phil Sammons, to return from recess at 4:07 p.m. Motion carried.
Motion made by Gary Moore, seconded by David Nicholson, to go into closed session to conduct a discussion or hearing which might lead to the appointment, discipline or dismissal of an individual employee as authorized by KRS 61.810(1)(f) at 4:08 p.m. Motion carried.
Motion made by Reagan Taylor, seconded by David Nicholson, to return to open session at 4:13 p.m. Motion carried. No action was taken in closed session. Motion made by Gary Moore, seconded by Phil Sammons, to adjourn the meeting at 4:13 p.m. Motion carried.
