By Carolyn Reid
Sebastian Ernst filed an appeal of his impeachment that removed him from the office of mayor Jan. 2 of this year. The action was taken Feb. 1, the last day of the 30-day deadline to appeal.
Thursday, Ernst posted a video of suspended attorney Eric Deters announcing Ernst’s lawsuit against the City of Falmouth for unlawful impeachment; however, the papers filed Feb. 1 point to an appeal of his impeachment rather than compensation for damages.
Deters was recorded also saying other lawsuits, these for defamation, would be filed against others in the county.
The appeal was filed on behalf of Ernst by David L. Drake, an attorney from Independence. The appeal argues Falmouth City Council removed him from office unlawfully.
The “Factual Allegations and Legal Causes of Plaintiff Pursuant to Complaint/Appeal” argues the actions taken under KRS 83A.040(9) were not supported, saying the “Defendant/Appellant (Ernst) did not meet the standard of substantial evidence as required by the Statute under the Three Charges brought by the Defendant/Appellee.”
Those charges were listed as misconduct, incapacity, or willful neglect in the performance of his duties.”
The appeal goes on to state, “A city is an agency of the state for purpose of government within a limited territory. In its capacity as an administrative agency, its decisions are subject to judicial review as their
bitrariness and capriciousness…Unless an action taken by an administrative agency is supported by substantial evidence, it is arbitrary and capricious.”
The argument is followed by a citation of a Kentucky court case from 1983 as well as the KRS itself; further, it argues there is no specific definition of the term “misconduct, incapacity, or willful neglect of duty.”
“Falmouth City Council was required to issue written findings and the reasons and the reasons for its vote to remove the Plaintiff/Appellant,” the filing states, accusing the council of not following the requirement.
The appeal further alleges denial of due process, saying the notice of the list of charges was given at the “eleventh hour, with the pending birth of Plaintiff/Appellant’s child,” saying it “was a failure of the Plaintiff/Appellant’s right of due process for adequate notice upon what charges were to be tried,” alleging Ernst was not given “adequate notice to comply with due process requirements.”
The last point in the appeal is that “Falmouth City Council’s action is a violation of the constitutional right to free speech,” alluding to Ernst’s Facebook posts and other electronic communications that the council alleged were evidence of “misconduct, incapacity, or willful neglect in the performance of his duties.”
These electronic communications were presented as evidence in an open meeting Dec. 19 and included his notice to the Pendleton County Republican Party they could not meet at city hall because they did not align with his conservative Christian values, the use of his personal Facebook to promote his political agenda as well as his businesses and his mother’s businesses, and his contacts with Bob Pettit regarding his son and his need to resign.
The final prayer for relief cites “numerous procedural irregularities, constitutional violations and a lack of substantial evidence to establish misconduct, the actions of the City of Falmouth, Falmouth City Council must be vacated.”
Circuit Clerk Mike Redden was out of town and unaware of the filing; however, he did say Judge Delaney would handle the case, and he is in town twice a month.
PC Republican Party
Another situation involving Ernst was resolved by a meeting of the Fourth District Committee of the Republican Party of Kentucky.
With all members present, the named committee took up the question of the Pendleton County chairman vacancy and appointment for the PC Executive Committee.
After reviewing the case, the committee approved the review “…that the vacancy in the chairmanship position was not validly filled, and the vice-chair continues to serve as chair while the vacancy exists.” This finding rests on the following and is as it appears in the ruling:
• PC Republican Party is an executive committee.
• The vacancy must be filled by the executive committee in a meeting with a quorum of at least 15 percent.
• Evidence reviewed indicates quorum was not met and/or verified prior to calling the meeting to order.
• Additionally, motions were made out of order as they were not made by members of the executive committee.
The PC Republican Party met Monday night after Outlook press time.