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Danville Ethics board to review charges

June 27, 2008|BOBBIE CURD

The Danville Board of Ethics could be summoned soon to review charges filed against the mayor earlier this week by city commissioners.

Although a date has not yet been set, the ethics board could meet as soon as next week, City Clerk Donna Peek said.

If the charges against Mayor Hugh Coomer are found to "allege a minimal factual basis to constitute a violation" of ethics, it could add up to a city hall trial of sorts involving testimony, evidence exhibits and representation of legal counsel.

The 10 allegations brought by Commissioners Terry Crowley, Kevin Caudill and Janet Hamner mostly surround claims that Coomer has refused to follow a city management form of government and has bypassed required policies, such as grant application procedures.

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The charges also allege that Coomer contacted the Board of Ethics chairman to suggest two names for appointees after other terms had expired, even after discussions within an executive session were held about this being an inappropriate move for the mayor to take under the current circumstances.

According to the ethics board's bylaws, it has 30 days to conduct the inquiry to review charges.

The board must then determine whether the complaint is within its jurisdiction and if it alleges enough to constitute an ethics violation.

Jim Sullivan, chairman of the board, said if no basis is found for a violation, a decision is written and sent to all parties. The last two complaints brought before the board, Sullivan said, were found to be without merit.

Altogether, there are five ethics board members.

Sullivan, who has been on the board three years, is the founder of Kentucky Trust Co.

The two newest members who were recently appointed are Clarence Wyatt, professor of history, special assistant to the president and chief planning officer with Centre College; and Linda Tillman, volunteer coordinator at Ephraim McDowell Regional Medical Center.

Wyatt did not want to comment on his new position, stating that he felt it would be inappropriate to do so while a pending case was to come before them. Tillman did not return calls for comment.

The other two board members are Vaughn Frey, a Papa John's franchise owner, and Jeff Trueblood, supervisor of student affairs at Bate Middle School.

The board members serve on a voluntary, unpaid basis.

Danville's Code of Ethics

Danville's 12-page Code of Ethics was created to govern officers and employees of the city and to meet the requirements of KRS 65, enacted by the 1994 Kentucky General Assembly.

Its purpose is to provide a method of assuring that standards of ethical conduct and financial disclosure requirements are clearly established and enforceable, and to provide advice on potential conflicts of interest.

The code includes sections on principles of conduct, standards of conduct, financial disclosure and nepotism.

The ethics board can hold hearings and make findings of fact and determinations in regard to allegations brought before it.

It can require reports to be submitted under oath and can order testimony to be taken by deposition.

If the board concludes there is "clear and convincing proof" of a violation, it may:

* issue an order requiring the violator to cease and desist;

* publicly reprimand the violator in writing;

* recommend to the city commission that the violator be sanctioned, which could include a recommendation for discipline, dismissal or removal from office;

* issue an order requiring the violator to pay a civil penalty of up to $1,000;

* refer evidence of any criminal violations or state laws to the county or commonwealth's attorney for prosecution.

An appeal may be filed in circuit court within 30 days after the final action.

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