Falmouth City Council votes to enter investigation of the mayor;

By Carolyn Reid

Five of the six council members were present at the Tuesday, December 5, meeting, and they voted to hire a lawyer and to proceed with an investigation that could lead to an impeachment hearing against Mayor Sebastian Ernst due to allegations of misconduct and/or willful neglect. 

The five also amended the budget to allow up to $20,000 for the lawyer, Luke Morgan of Lexington, to investigate and represent the case.

Councilperson Darryl Ammerman was not present. 

The closed session was allowed by KRS 61.810, Exceptions to Open Meetings: (f) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee’s, member’s, or student’s right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret.

The closed session lasted nearly two hours, during which time the mayor presented his 2019 plan for changing the electrical supplier from KYMEA, “the Kentucky Municipal Energy Agency (KYMEA), a joint public agency,” to one of the current county electrical services--KU, Owen, or Bluegrass. 

He also showed a hastily-made slide show, as about the regional water plant that is being discussed by the county, a concept that was put in place by Wayne Lonaker of East Pendleton Water District when Henry Bertram was judge/executive, Lonaker stated, and is now being revisited by the county. The county did not pursue the idea at the time 

The closed session ended with the vote to carry on the investigation into the mayor. That will either lead to a closing of the case with Ernst remaining or impeachment action, which will be a public hearing that is similar to a trial. Ernst has the opportunity to be represented by counsel. That representation will be at his own expense. The findings, if they lead to charges, will be presented to the public by the Morgan, and then he will ask the council to vote on an ordinance to impeach, according to Magistrate Rick Mineer who spent several years on Falmouth City Council before becoming a PC Magistrate.

After the council returned and voted to continue the investigation, they chose to go into the monthly caucus meeting. At that point, a back-and-forth ensued between the mayor and council. Councilperson Sabrina Hazen, who is appointed as the spokesperson of the council, according to Councilperson Joyce Carson, answered Ernst’s frustrations about the things that he alleges council is not doing and has not done since before he was in the seat. Hazen reminded him on more than one occasion she was not on those councils and could not answer for those things that he alleges were pushed to the back burner--so those accusations are irrelevant to this day--but she stated this current council has been doing due diligence to look into the projects he has suggested.

When Ernst mentioned outsourcing garbage to Rumpke, a statement was made that the company took bids six years ago. Councilperson Amy Hurst said the information was presented to the auditor and the research showed it was not a good idea at that time due to the fact garbage was the most profitable utility they had. 

After several grievances were aired during the meeting, including the fact communications from the mayor were not making it to the council members in a timely manner, City Attorney Brandon Voelker attempted to end the caucus by asking council to allow him to work with Ernst to help him get information out so the council and he could have a true discussion. Councilperson Luke Price asked for structure in order to make meetings happen more efficiently, where they could be informed.

Voelker did not engage in any of the argument, but instead he stated nothing was moving forward. He felt the key to moving forward with sound decisions was to have the agenda to council early enough to review and prepare.

Code Enforcement Officer Steve Groh, who has been present for most meetings in the past three years, asked all of council and the mayor to look forward and not backward. “This [disagreement] is hurting the people. The city needs some business done.” He continued to say no one has won; all have lost.

Ernst continued discussing the water concerns--PFAS, fire--stating the community is concerned and the county misled the people by saying the fire department would be a paid department. 

Price answered they need to be in the process of hiring a chief to replace terminated chief Dave Klaber, and Hazen discussed having a licensed operator answer questions about the water. She said Ernst stated lead was moving through the city’s water when the answer they received stated the home systems involved in the testing were the source of the lead. She also explained the regional water plant the county is looking into would be years down the road if it was implemented, and it will be part of a pilot program. She stated the people at the state in the division of water also said PFAS is everywhere; the new water plant is not an immediate fix. 

When infrastructure was addressed, Hazen reminded Ernst the ARPA funds that were to go into sewers and fire hydrants were used, in part, for the old Falmouth School Center roof. When Ernst mentioned raising rates and taxing utilities because those things needed to pay for themselves, Hazen said funding and focus need to be readdressed and ARPA funds should be used for infrastructure over increases.

The regular meeting for Falmouth City Council will be held December 19 at 7 p.m. at city hall. The public is invited to attend.