# Urban County Council Special Meeting - Fire Discipline Hearing - August 20, 2024 > Auto-transcribed civic record · August 20, 2024 - **Permalink**: https://meetings.lexingtonky.news/meeting/6190 - **Source video**: https://lfucg.granicus.com/player/clip/6190?view_id=14&redirect=true - **Date**: 2024-08-20 - **Last revised**: August 20, 2024 - **Length**: 2,526 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government held a meeting on August 20, 2024, at 5:00 PM in the Council Chambers located at 200 E. Main St, Lexington, KY 40507. Mayor Gorton presided over the session. The meeting included one agenda item: a Fire Disciplinary Hearing presented for informational purposes. Seven motions were voted on during the meeting, and no public comments were heard. ## Attendance **Present:** Reynolds, Sevigny, Sheehan, Worley, Wu, F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, Gray, LeGris, Lynch, and Plomin **Absent:** Monarrez **Late:** None ## Votes and Decisions **Motion to Enter Executive Session** [timestamp: 0:05:30] A motion to go into executive session pursuant to Reed versus City of Richmond and KRS 61.810(1)(f) was made by Mr. Worley and seconded by Ms. Reynolds. The motion passed unanimously with 14 ayes and 0 nays. **Motion to Return to Open Session** [timestamp: 3:51:45] A motion to return to open session was made by Ms. Fogle and seconded by Ms. Gray. The motion passed unanimously with 14 ayes and 0 nays. **Count I Substantiation - CAO Policy #5 (Harassment)** [timestamp: 4:36:02] A motion that Count I of the Formal charges against Lieutenant Gatewood was substantiated for a violation of CAO Policy #5 (Harassment) was made by Mr. Sevigny and seconded by Vice Mayor Wu. The roll call vote passed 14-0. **Count I Substantiation - UDG 1.09 (Harassment and Threats in the Workplace)** [timestamp: 4:37:33] A motion that Count I of the Formal charges against Lieutenant Gatewood was substantiated for a violation of UDG 1.09 (Harassment and Threats in the Workplace) was made by Ms. Elliott Baxter and seconded by Ms. Plomin. The roll call vote passed 14-0. **Count I Substantiation - UDG 2.01 (Conduct Unbecoming)** [timestamp: 4:39:08] A motion that Count I of the Formal charges against Lieutenant Gatewood was substantiated for a violation of UDG 2.01 (Conduct Unbecoming) was made by Vice Mayor Wu and seconded by Ms. Elliott Baxter. The roll call vote passed 14-0. **Penalty Approval** [timestamp: 4:41:07] A motion to approve the penalty of 112 Hour Suspension without pay and Mandatory completion of the course 'The Right Side of the Line' for Officer Gatewood was made by Ms. Reynolds and seconded by Mr. Sevigny. The roll call vote passed 14-0. **Resolution Adoption** [timestamp: 4:44:56] A resolution adopting Findings, Determination and Holding concerning Formal Disciplinary Charges filed against Lieutenant Terrance Gatewood was made by Ms. Fogle and seconded by Mr. Worley. The motion passed unanimously with 14 ayes and 0 nays. All votes were unanimous, with the following 14 members voting in favor of each motion: Reynolds, Sevigny, Sheehan, Worley, Wu, F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, Gray, LeGris, Lynch, and Plomin. ## Fire Disciplinary Hearing The council held a disciplinary hearing for Lieutenant Terrance Gatewood regarding charges of misconduct, harassment, and conduct unbecoming. The hearing was conducted in executive session and closed to the public. Key participants in the hearing included Mayor Gorton, Lieutenant Terrance Gatewood, and Fire Chief Jason Wells. The hearing addressed formal disciplinary charges against the lieutenant, though specific details of the allegations and presentations were not disclosed due to the closed executive session format. As this was an executive session hearing, the public record does not contain details regarding what evidence was presented, arguments made by either party, concerns raised during the proceedings, or the specific rationale for any decisions. The hearing was informational in nature as documented in the meeting record. --- ## Decisions - **Motion** — passed (14-0): Motion to go into executive session pursuant to Reed versus City of Richmond and KRS 61.810(1)(f) - **Motion** — passed (14-0): Motion to return to open session - **Motion** — passed (14-0): Count I of the Formal charges against Lieutenant Gatewood was found substantiated for a violation of CAO Policy #5 (Harassment) - **Motion** — passed (14-0): Count I of the Formal charges against Lieutenant Gatewood was found substantiated for a violation of UDG 1.09 (Harassment and Threats in the Workplace) - **Motion** — passed (14-0): Count I of the Formal charges against Lieutenant Gatewood was substantiated for a violation of UDG 2.01 (Conduct Unbecoming) - **Motion** — passed (14-0): Approve the penalty of 112 Hour Suspension without pay and Mandatory completion of the course 'The Right Side of the Line' for Officer Gatewood - **Motion** — passed (14-0): Resolution adopting Findings, Determination and Holding concerning Formal Disciplinary Charges filed against Lieutenant Terrance Gatewood --- ## Full transcript Thank you. by Mr. Ross, the attorney, at some point in the hearing. So I'd like to go ahead and call to order the disciplinary hearing for Lieutenant Terrence Gatewood in the council chambers, August 20, 2024, at 5 o'clock PM. And All right, I'll ask our clerk to call the roll please. Council member Reynolds? Here. Council member Savigny? Here. Council member Sheehan? Here. Council member Worley? Yes ma'am. Vice Mayor Wu? Here. Council member Fred Brown? Here. Council member James Brown? Here. Council member Ellinger? Yes ma'am. Council member Elliot Baxter? Yes. Council member Fogle? Yes. Council Member Gray? Present. Council Member Legree? Here. Council Member Lynch? Present. Council Member Menares? Council Member Plowman? Here. Thank you. Thank you very much. We have a quorum. A hearing will be conducted at the special meeting of the council. The hearing may take up to four hours for opening remarks, opening arguments, proof, and closing arguments. The council's clerk will be the timekeeper. Breaks will be initiated by the mayor, and we've sort of decided among council about an hour and a half is a good time to maybe have a break. After the closing arguments have been presented, the council will begin its deliberations in executive closed session, and the resulting action taken by the council will occur in open session of this special meeting. Council members, this hearing will be held in a trial court format with council members as the jury, and I as mayor will preside over the hearing. Each council member must be present for the entire hearing, and you are advised not to discuss the proof or your opinions, including through texts, until after the council begins its deliberations in executive closed session. You will have opportunities to ask questions during the hearing. You will be required to make findings of fact and determination to substantiate or not substantiate the charges and a holding to impose discipline if the charges are substantiated. Through a resolution, you will walk on to the docket. this meeting will be live streamed however the hearing itself will not be broadcast and the public be not allowed to attend the hearing if lieutenant gate would request the hearing be conducted in executive closed session lieutenant gatewood it's my understanding that you have requested that this hearing be conducted in closed executive session so that the public may not attend the hearing via live stream or in person. Lieutenant Gatewood, do you request that this hearing be conducted in open session to the public or in executive session and be closed to the public? All right, executive session and be closed. Thank you. Prior to going into executive session, I want to announce who will be participating in this hearing. The following will be attending the hearing in its entirety. The council members, necessary staff including the council clerk, the mayor, LFUCG attorneys Carlos Ross and Chris Eller from the Department of Law, Fire Chief Jason Wells, Lieutenant Terrence Gatewood, and Outside Counsel Charles Cole, who will be assisting me as the mayor in conducting this hearing, and who will further be assisting me in addressing any legal or procedural questions of the council. Witnesses will be separated and brought into the council chamber one at a time when called. All right. Pursuant to the request of the employee, this hearing will be conducted in executive session and closed to the public pursuant to Kentucky Court of Appeals' decision of Reed v. City of Richmond, Reed versus City of Richmond 582 Southwest Second 651-655 Kentucky Appellate 1979. And deliberations will also be conducted in executive closed session pursuant to KRS 61.8101F. I will now read KRS 61.8101F into the record. discussions or hearings which might lead to the appointment, discipline or dismissal of an individual, employee, member or student without restricting that employees, members or students right to a public hearing if requested, or hearings which might lead to the appointment, discipline or dismissal of an individual employee and deliberations of a quasi-judicial body. This special meeting will be briefly reopened to the public at the close of the hearing, at which time the Urban County Council will then be asked for a motion and a second and a roll call vote for the council to go back into executive session for deliberations. Following the Urban County Council's deliberations, the council will return to open session and will take action on the charges. Do I have a motion to go into executive session pursuant to Reed v. City of Richmond and KRS 61.811F? Second. Council Member Worley moved. Council Member Reynolds seconded. Is there any discussion? All right. I'll ask the clerk to call the roll. Council Member Reynolds. Yes. Councilmember Sevigny? Yes. Councilmember Sheehan? Yes. Councilmember Worley? Yes, ma'am. Vice Mayor Wu? Yes. Councilmember Fred Brown? Yes. Councilmember James Brown? Yes. Councilmember Ellinger? Yes, ma'am. Councilmember Elliott Baxter? Yes. Councilmember Fogle? Yes. Councilmember Gray? Yes. Councilmember Legree? Yes. Councilmember Lynch? Yes. And Council Member Plowman? Yes. Thank you. Thank you. That motion passes. At this point, I will ask all public to exit the council chamber, and the hearing will not be broadcast via live stream. All witnesses will also now exit the council chamber, if you are in here, And you will be shown where to wait and remain available until called to testify. And we do have our security in here. Thank you. Okay, and it's turned back on. Oh, there it is. All right. Okay. Now, this hearing has concluded, and this meeting will now return to open session. so could I have a motion to come out of executive session? Second. Council Member Fogle, Council Member Gray. Is there any discussion? All those in favor say aye. Aye. Is anyone opposed? All right. We are in open session now. This hearing has now concluded and deliberations on the charges will now occur. The council is instructed to consider the testimony and the exhibits that have been introduced into the record. I, as well as the Urban County Council, will go into executive closed session for the purpose of deliberations pursuant to Kentucky Revised Statute KRS 61.810.1J. Okay, I'm instructed to read KRS 61.810.1J. Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments at which neither the person involved, his representatives, nor any other individual, not a member of the agency's governing body or staff is present. Do I have a motion now to go into closed executive session for purpose of deliberations pursuant to KRS 61.810 1J? So I can. Council member Savigny moved and council member Fogle seconded. Is there any discussion? All those in favor, please say aye. Aye. Is anyone opposed? All right, we will go into closed session. Thank you. Now we're on air. Do we need to redo that motion? Okay. since we're on air could i have a motion to return to open session second thank you council member fogel council member ellinger seconds all those in favor say aye is anyone opposed all right we are in open session i will now read a document styled findings determination and holding and And after reading each section, I will present each section to the council for a vote discussion and we'll proceed that way. And so, findings, determination, and holding. This matter having come before the City Council of the Lexington Fayette Urban County Government for a hearing on August 20th, 2024, on a statement of formal charges signed and sworn to on August 8th, 2024, by Fire Chief Jason Wells against Lieutenant Terrence Gatewood and filed with the Council's Clerk on August 12th, 2024, the disciplinary charges, the following findings, determination, and holding have been presented to the Urban County Council for consideration and decision. Findings. Count one. Lieutenant Gatewood has been charged by Chief Wells of misconduct in violation of KRS 95.451, CAO Policy No. 5R, the Division Uniform Disciplinary Guidelines, or known as UDG 1.09, Harassment and Threats in the Workplace, and UDG 2.01, Conduct Unbecoming, which were policies and guidelines that were in effect on or before the dates of the incidents involved in the formal charges. Based on the testimony, documents, and items admitted into evidence at the hearing, it is hereby found as follows, as to count one of the formal charge. The charge against Lieutenant Gatewood is found substantiated for violation of CAO policy number five, harassment. I'll entertain a motion and a second, and we'll have discussion. Second. All right. Council Member Sevigny motioned. Vice Mayor Wu seconded. And is there any discussion? All right. I believe you are required to take a roll call vote. Council member Reynolds? Yes. Council member Savigny? Yes. Council member Sheehan? Yes. Council member Worley? Yes, ma'am. Vice Mayor Wu? Yes. Council member Fred Brown? Yes. Council member James Brown? Yes. Council member Ellinger? Yes, ma'am. Council member Elliott Baxter? Yes. Councilmember Fogle? Yes. Councilmember Gray? Yes. Councilmember Legree? Yes. Councilmember Lynch? Yes. And Councilmember Plowman? Yes. Thank you. Thank you, that passes. Based upon the testimony, documents, and items submitted into evidence at the hearing, it is hereby found as follows as to count one of the formal charges. The charge against Lieutenant Gatewood is found substantiated for a violation of UDG 1.09, harassment and threats in the workplace. I'll entertain a motion and a second. Second. Council Member Baxter moved. Council Member Plowman seconded. Is there any discussion? All those in favor say aye. I mean, I'm sorry. We'll take a roll call vote. Sorry. Council Member Reynolds. Yes. Councilmember Sevigny? Yes. Councilmember Sheehan? Yes. Councilmember Worley? Yes, ma'am. Vice Mayor Wu? Yes. Councilmember Fred Brown? Yes. Councilmember James Brown? Yes. Councilmember Ellinger? Yes, ma'am. Councilmember Elliott Baxter? Councilmember Fogle? Yes. Councilmember Gray? Yes. Councilmember Legree? Yes. Councilmember Lynch? Yes. And Councilmember Plowman? Yes. Thank you. Thank you. That motion passes. Based upon the testimony, documents, and items admitted into evidence at the hearing, it is hereby found as follows as to count one of the formal charges. The charge against Lieutenant Gatewood is found substantiated for a violation as to UDG 2.01, conduct unbecoming. I'll entertain a motion and a second. Vice Mayor Wu moved and did I hear a second over here? Council Member Baxter seconded and if you'll take a, is there any discussion? Take a roll call vote please. Council Member Reynolds? Yes. Council Member Savigny? Yes. Council Member Sheehan? Yes. Council Member Worley? Yes ma'am. Vice Mayor Wu? Yes. Okay. Council Member Fred Brown? Yes. Councilmember James Brown? Yes. Councilmember Ellinger? Yes ma'am. Councilmember Elliott Baxter? Yes. Councilmember Fogle? Yes. Councilmember Gray? Yes. Councilmember Legree? Yes. Councilmember Lynch? Yes. And Councilmember Plowman? Yes. Thank you. Thank you. That passed. Now, for determination, the charges against Lieutenant Terrence Gatewood are substantiated on one or more of the charges previous. Now, for the holding, the charges against Lieutenant Terrence Gatewood have been found to be substantiated as to one or more of the charges contained in count one of the formal disciplinary charges. Therefore, it is decided and held that the discipline to be imposed upon Lieutenant Gatewood as presented by Chief Jason Wells is as follows. 112-hour suspension without pay, which equals one pay period, and mandatory completion of the course the right side of the line, which will be facilitated by the Human Resources Department. Now, do I have a motion and a second? Second. Council Member Reynolds moved. Council Member Savigny seconded. Is there any discussion? All right, I'll ask you to take a roll call vote, please. Council member Reynolds. Yes. Council member Sevigny. Yes. Council member Sheehan. Yes. Council member Worley. Yes, ma'am. Vice Mayor Wu. Yes. Council member Fred Brown. Yes. Council member James Brown. Yes. Council member Ellinger. Yes, ma'am. Council member Elliott Baxter. Yes. Council member Fogle. Yes. Council Member Gray? Yes. Council Member Legree? Yes. Council Member Lynch? Yes. And Council Member Plowman? Yes. Thank you. Thank you, that passed. Now closing directions and orders. The council clerk is directed to accept and file this document and to retain the formal charges, disciplinary charge and notice of disciplinary hearing, waiver and subpoena, and also to retain all documents and other items admitted into evidence at the hearing. The clerk shall also retain the entire packet of exhibits, whether or not admitted as evidence at the hearing, which were prepared by the LFUCG Council and all exhibits offered or admitted as evidence by Lieutenant Gatewood. I further direct this document be filed in the city's personnel file for Lieutenant Terrence Gatewood. A signed copy of this document will be provided to Lieutenant Gatewood and to Chief Wells on this the 20th day of August 2024. And it is signed Linda Gorton, Mayor. Resolution. I now seek that a resolution be amended, walked on to the agenda, to further adopt these findings determination and holding so i ask that someone make the motion to amend and walk on resolution number 401-2024 council member focal move council member worley seconded Now, is there any discussion? All right. This motion is to walk on to the docket, so all those in favor, please say aye. Aye. Is anyone opposed? All right. I'll ask our clerk to give first reading of Resolution No. 401-2024. A resolution adopting findings, determination, and holding concerning formal disciplinary charges filed against Lieutenant Terrence Gatewood by Chief Jason Wells dated and filed with the Clerk of the Urban County Council on August 8, 2024. Thank you. Thank you. At this time, I will ask for a motion to suspend the rules to give second reading to the resolution. So moved. Vice Mayor Wu moves. Council Member Baxter seconds to give second reading to the resolution. All those in favor, say aye. Aye. Is anyone opposed? All right. Now, normally, we say, is there a motion to approve? Second. All right. Oh, I'm sorry. Could you please give second reading? A resolution adopting findings, determination, and holding concerning formal disciplinary charges filed against Lieutenant Terrence Gatewood by Chief Jason Wells dated and filed with the Clerk of the Urban County Council on August 8, 2024. Thank you. Thank you. Yes, thank you. There's a motion to approve. And with that, I'll ask you to take a roll call vote, please. We earned our money today. Council member Reynolds? Yes. Council member Savigny? Yes. Council member Sheehan? Yes. Council member Worley? Yes, ma'am. Vice Mayor Wu? Yes. Council member Fred Brown? Yes. Council member James Brown? Yes. Council member Ellinger? Yes, ma'am. Council member Elliott Baxter? Yes. Council member Fogle? Yes. Councilmember Gray? Yes. Councilmember Legree? Yes. Councilmember Lynch? Yes. And Councilmember Plowman? Yes. Thank you. Thank you. That motion passes. Council members, this hearing has now come to a conclusion, and so I will call for a motion to adjourn. So moved. We have a motion and a second over here. All those in favor, please say aye. Aye. All right, we are adjourned. Thank you very much. Now, you want this, right? Thank you. Thank you. Thank you. Thank you. Okay. I'm going to go.