Salyersville City Council had to cancel Monday’s meeting due to the resignation of the city clerk, leaving no one to keep the minutes.
Mayor Stanley Howard, who could not be reached for comment, called off the meeting Monday.
Councilman Jeff Ross said they wanted to meet even after Howard’s announcement, but after consulting with an attorney, were advised to wait until a time when someone can keep the minutes.
Ross, who admits to asking Mayor Howard to resign in executive sessions, said, “He’s breaking the law and it’s time for him to go.”
Ross said he, reportedly along with some of the other council members, will be filing suit in Circuit Court against the mayor through a private lawyer to remove Howard as the mayor.
Council member Maloyal Borders said she had not heard of any lawsuit, but she would not back any suit against Howard.
“If they want to throw him out on personal reasons, I’m sure they’d find they have personal problems, too,” Borders said.
“As far as getting a lot of work done, he does it. The next two years will probably be nothing but quarrelling and not get anything done,” Borders added when asked to elaborate on the situation.
Laura Ross, Legal Services Counsel for Kentucky League of Cities, cited the following statute for removing an elected official from office: “KRS 83A.040(9) authorizes the city legislative body to remove any elected official from office, including the mayor, for misconduct, incapacity, or willful neglect in the performance of the duties of the office. There must be a unanimous vote of all the members of the council to remove. The mayor would be entitled to a public hearing before removal, and has the right to appeal the removal decision to Circuit Court.”
City Council can hold a regular monthly meeting without a clerk or the mayor, but someone must be assigned to take the minutes and a mayor pro tem must be appointed by the council to preside the meeting. Four of the six council members must be present.
This month’s City Council meeting is rescheduled for May 27 at 7:30 p.m.