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Redactions were used for undocumented or unfound information or accusations.
The November 28 edition of the Falmouth Outlook presented a press release from Falmouth City Council. The release explained the council’s reasons for leaving the meeting, following a motion that was made by Councilperson Luke Price and was seconded by Councilperson Sabrina Hazen, and then was voted by a roll-call vote (called by City Attorney Brandon Voelker as City Clerk Susan Bishop would not do so, according to Voelker).
The Falmouth Outlook did not receive a communication from Mayor Sebastian Ernst until after the press release ran. Although the Mayor apparently attempted to provide a comment to the paper earlier, he failed to notice the Outlook was not included in the list of emails that had the first copy of the press release. The Outlook received the release separately.
We are sharing portions of that release here, including portions we know to be true through reliable evidence such as open records, as well as other information we know to be true regarding the other elements. We are not sharing other portions of the release that contain information the Outlook could not verify, or information about private figures that appears to be false. In some instances below, we address the redactions to the extent they relate to the Mayor or city business.
• The mayor claims to represent the executive branch of the city. That is true in a mayor-council government, which is the type of government Falmouth represents.
30.01 The form of government provided for this city shall be known as the “Mayor-Council Plan.”(KRS 83A.130 (1))
30.02(A)The city shall be governed by an elected executive who shall be called Mayor and by an elected legislative body which shall be called the City Council, and by such other officers and employees as are provided for by statute or city ordinance. (KRS 83A.130 (2))
• The mayor claims the council violated the open meetings act. That appears to be false. A meeting took place with the Kentucky League of Cities after the mayor’s conduct did not allow the agenda to be followed the night of November 21, which was a regular meeting where voting was to take place. Council members Bob Pettit, Luke Price, and Sabrina Hazen were at the meeting. Four of the six need to be present to meet the requirements of a quorum. Hazen responded to Ernst’s insistence the meeting was illegal by clarifying the press release was a statement, not a resolution, and that “the statement was prepared and then circulated among council members for their review and signature if they all agreed.” The statement, she said, was then sent to city hall before it was sent to the Outlook. She also clarified, as does 30.02 above, that the “council is an independent branch of city government, and [council] can have anybody we want prepare anything for us, and we are not required to run anything through city hall at any time.”
Hazen continued by saying nothing prohibits council from issuing statements jointly or collectively, as they did.
• Ernst demanded the resignation of all six council members, saying they violated the law. As explained above, however, it does not appear that any violation took place.
• Ernst stated he would not award a fire hydrant contract to the lowest bidder, citing legal reasons. Contracts are voted into place by city council, not awarded by the mayor.
• The mayor said he would be filing open records requests to seek out illegal activities, stating he was sure they exist. He has as much right as anyone to file open records requests.
He accused council of having personal agendas, that being the reason he said they would not stay to listen to his presentation at the last meeting.
• He stated the council was ruled out-of-order at the meeting. That appears to be inaccurate. “If a meeting participant believes that the meeting is progressing outside of the rules of order, the person can raise a ‘point of order,’” says the National Association of Counties. Such a ruling was never mentioned. The only statement that came close to such a ruling came from Police Chief Marty Hart when he quieted the crowd as he felt it may get out of hand, explaining he had the jurisdiction to remove anyone who got unruly. Ernst also stated the council attempted to obstruct government; however, neither the agenda that was emailed the night before nor the agenda presented the evening of the meeting was addressed. A video presenting Charlie Chaplin as Hitler, Santa Claus, and a speech from the mayor was presented, but nothing from the agenda, a fact he cited at the end of the forum by going over the topics that he said were to be addressed, but could not be because the council adjourned, again, which they had done seeing nothing would happen that included the business at hand. Nothing from the earlier caucus, held on Election Night, was put on the agenda except the Klee property.
• Ernst closed the release by saying he would take the signed and submitted press release as the full council’s resignations. He went on to accuse council of underhanded activities and bringing “harm to the city.” He also said he would address these accusations at the next meeting and “publicly here soon.” The press release does not entail a resignation. Ord. 32.02 (1) No vacancy by reason of a voluntary resignation of a member of the Council shall occur unless a written resignation date is tendered to the Council. The resignation shall be effective at the next regular or special meeting of the Council occurring after the date specified in the written letter of resignation. (KRS 83A.040(7))