David Guess’ public hearing is set for Jan. 17, with the city commissioner refusing to resign last week at the Paducah City Commission’s request.
The hearing addresses texts that Guess, who won re-election in November, wrote on Election Day about then-city commission candidate Dujuan Thomas, in reference to campaign signage on private property. During a called meeting this month, officials called the messages “language with racial overtones.”
Carol Pettit with Vaughn Pettit Legal Group, PLLC, based in Peewee Valley near Louisville, will represent the city of Paducah. Grumley, Riley & Stewart, P.S.C. on Broadway represents Guess.
According to the city, city management recently implemented a “no-tolerance practice with respect to language based on race, with the consequence of immediate termination” as stated in the commission’s signed formal request for Guess’ resignation. The entire letter is available online at paducahky.gov.
In an interview with The Sun, Paducah Mayor George Bray shared how the text messages came to the city’s attention.
“It was a text that went to someone in the Code Enforcement department,” he said. “Essentially, code enforcement reports to the fire department, and the fire department had released a couple of employees for some racial incidents. It was weighing heavily on them, and they felt obligated to bring it forward.”
On Dec. 15, the city commission formally charged Guess with misconduct for removal procedure under KRS 83A.040(9):
“[...] Any elected officer, in case of misconduct, incapacity, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the legislative body his removal. No elected officer shall be removed without having been given the right to a full public hearing.
“The officer, if removed, shall have the right to appeal to the Circuit Court of the county and the appeal shall be on the record. No officer so removed shall be eligible to fill the office vacated before the expiration of the term to which originally elected.”
The KRS statute is vague on what “misconduct” means, but KRS Chapters 6 and 522 largely define legislative ethics and conduct, respectively.
Bray said, while the city has an ethics ordinance, he didn’t believe it applied.
“It’s been explained to me as: There are three particular areas (where) elected officials can be removed,” he said. “One is misconduct, and the definition of misconduct is somewhat open-ended. The other two are behaviors that don’t apply in this particular situation.”
If members unanimously vote for Guess’ removal, the city commission has 30 days under KRS 83A.040(5) to find a replacement. Bray said the city commission would address that process “afterward” if necessary.
After removal, Guess can appeal to McCracken County Circuit Court. A judge would evaluate the commission’s decision and process under procedural and substantive law, which may entail what, exactly, defines “misconduct.”
A similar case occurred this year in Frankfort, when commissioner Kyle Thompson was removed for alleged misconduct regarding a “derogatory” text message about a police chief candidate.
Members unanimously removed Thompson. The Frankfort State Journal reported that Thompson appealed, and a judge upheld the decision as “arbitrary and capricious and not supported by substantial evidence.”
The judge ruled not to re-seat Thompson but have the city pay Thompson’s salary since his March removal. Thompson ran for office again and won in November.
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