We are fairly sure that at some point the council will move to go into executive session. Why? Most likely to discuss the revelations from the Monday, April 30 Special Counsel presentation. The justification? Some of the issues raised by Special Counsel could have an impact on pending litigation. What pending litigation? The current serious lawsuit against Mike Martin filed by a City employee for LIBEL, SLANDER, DEFAMATION and RETALIATION.
We understand that the City-and the taxpayers-are in a very precarious position. There are certain things which should be privately discussed to protect the taxpayers as much as possible. But there are also certain things that absolutely should not be kept secret.
Will council take any of the "players" in the growing scandal behind closed doors? Will they want to question those "players" about the role they played in the Open Records fiasco? The document destruction? This may be a very bad idea.
Let's consider the issue of the document destruction. The Martin Chronicles has been relaying the facts of that scandal since it happened on January 5, 2012. Despite strong warnings from the City Attorney and the Kentucky League of Cities to preserve ALL City records during the lawsuit, a large volume of those records was targeted for destruction is a hastily dug firepit. Had it not been for the chance arrival of law enforcement, no one would have ever discovered what happened.
- We know that State statutes mandating the legal prcedure for the destruction of documents were ignored.
- We know that Martin told the Public Works Director to keep the destruction a secret.
- We know that Martin questioned the Public Works Director and the Police Chief on January 6, 2012 in an unsuccessful attempt to learn what documents had been recovered-and logged in as evidence.
- We know that a document was falsified that afternoon outlining what had been destroyed.
- We know that the falsified document was back-dated to January 3, 2012 and signed by a temporary clerk who was supposed to have been hired to "help out with tax season". Why didn't the Custodian of Records-the interim City Clerk-sign the falsified document?
- We know that strong evidence exists that the wanton document destruction continued even after January 6, 2012.
- We know that Martin falsely assured council that all of the records destroyed were on the falsified list.
- We know that Martin was rebuked by a judge on April 26, 2012 when it was proven in court that the falsified list was, how to politely put it, very incomplete.
The document burn is scandalous. It is potentially a Class D felony. It is mayoral misconduct writ large. Why hide the facts from the public? The proverbial horse is out of the barn and galloping into the next county.
Martin falsely campaigned on a promise of "transparency". The events of the past sixteen-plus months have demonstrated that was just another of Martin's many lies. We urge the council to deal with this issue in the full light of day.
The public has every right to know the truth.
