Special Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council convened on February 19, 2008, at 3:00 P.M., with Mayor Jim Newberry presiding. The meeting focused on a single agenda item involving a resolution that would authorize the Mayor to execute a Consent Decree, which was ultimately approved by the Council. During the session, Council members took three votes on various motions related to the proceedings. No public comments were heard during this meeting, indicating a streamlined session focused primarily on the resolution at hand.

Attendance

The following members were present at the February 19, 2008 Council meeting:

Present: • Jim Newberry • James • Lane • McChord • Myers • Stinnett • Beard • Blevins • Blues • Crosbie • Ellinger • Gorton • Gray • Henson

Absent: • Stevens • DeCamp

No members arrived late to the meeting. A total of 14 members were present and 2 members were absent.

Votes and Decisions

The Council took three votes during the February 19, 2008 meeting, all of which passed unanimously with all 13 members present voting in favor.

Closed Session Motion Councilmember Stinnett made a motion to go into closed session pursuant to KRS 61.810(1)(c) for purposes of discussing pending litigation against the Urban County Government. The motion was seconded by Councilmember McChord and passed unanimously 13-0. All council members voted in favor: James, Lane, McChord, Myers, Stinnett, Beard, Blevins, Blues, Crosbie, Ellinger, Gorton, Gray, and Henson.

Consent Decree Resolution Following the closed session, Councilmember Stinnett moved to approve a resolution authorizing the Mayor to execute a Consent Decree with the United States of America and the Commonwealth of Kentucky. Councilmember Ellinger seconded the motion. The resolution passed by roll call vote 13-0, with all council members voting in favor: James, Lane, McChord, Myers, Stinnett, Beard, Blevins, Blues, Crosbie, Ellinger, Gorton, Gray, and Henson.

Adjournment Councilmember Gorton made a motion to adjourn the meeting, which was seconded by Councilmember Blevins. The motion passed unanimously 13-0, with all council members voting in favor: James, Lane, McChord, Myers, Stinnett, Beard, Blevins, Blues, Crosbie, Ellinger, Gorton, Gray, and Henson.

All votes demonstrated complete unity among the 13 council members present, with no opposition or abstentions recorded on any of the three motions considered during this meeting.

Resolution authorizing the Mayor to execute a Consent Decree

The Council considered Resolution 1, which would authorize Mayor Jim Newberry to execute a Consent Decree with the United States of America and the Commonwealth of Kentucky in Civil Action No. 5:06-CV-386. The resolution also grants authority to the Mayor, Department of Law, and outside counsel to execute any necessary documents to implement the Consent Decree and settlement.

Council members Stinnett, Gorton, and Ellinger participated in the discussion of this agenda item. The resolution addresses a federal civil action that requires the Urban County Government to enter into a formal agreement with federal and state authorities.

The Consent Decree represents a negotiated settlement that would resolve the pending litigation without admitting wrongdoing while establishing specific requirements and oversight mechanisms. By authorizing the Mayor to execute the decree, the Council would enable the administration to finalize the legal settlement and comply with any mandated reforms or corrective actions.

The resolution provides broad authority not only for executing the primary Consent Decree but also for handling ancillary documentation that may be required during the implementation process. This includes empowering the Department of Law and retained outside counsel to manage the legal and administrative aspects of compliance.

The Council approved the resolution, allowing the Mayor to proceed with executing the Consent Decree and bringing the federal civil action to a close through the negotiated settlement agreement.