Whitesburg KY

AG: Benham broke law

The attorney general’s office has ruled that an eastern Kentucky city didn’t give adequate notice of a meeting at which a new mayor was appointed after the resignation of the former one.

The Harlan Daily Enterprise cited the opinion in reporting that the city did not give “adequate specificity” on its agenda for the Nov. 15 special meeting.

Resident Roy Silver, who took the issue to the attorney general’s office, told the newspaper that the agenda said only that the meeting was being called for “personnel and projects.”

He said he took the complaint to the attorney general’s office because of the significance of the meeting.

“The former mayor resigned and the council appointed someone to be the mayor. I felt this needed to be done properly and include the newly elected council,” Silver said. “The attorney general has ruled in my favor, but of course that does not as yet have the force of law. It’s up to either the council — or at some point if it’s appealed — the Harlan County Circuit Court to determine what is the appropriate penalty or thing to do to correct this error.”

Benham Mayor Shirley Dodd said she doesn’t know what, if any, action the city will take.

“I’m not sure — I’m still studying that,” said Dodd. “But as far as I know there’s no other action to be taken.”

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