The McCracken County Fiscal Court has passed a vote of ‘no confidence’ regarding County Jailer Tonya Ray and her ability to fulfill her duties.
Moments into the special session Monday night, County Judge-Executive Bob Leeper said the court would have to enter into a closed session without Jailer Ray present to account for concerns raised by commissioners--including the recent death of inmate Joshua Fuson.
Ray has taken to Facebook to respond to court requests and posted she would not attend the meeting due to the short notice from the court, explaining that her legal counsel could not attend.
Commissioner Bill Bartleman explained that Ray’s unwillingness to follow Kentucky’s Open Meetings Law was just one of several reasons he thinks Ray should resign.
“It appears she is reluctant to discuss issues in the light of day but wants to meet in private with members of the Fiscal Court to discuss very public issues,” Bartleman said. “She has told us she would meet us outside of this meeting, but not publicly.”
During the nearly 45 minute closed executive session, McCracken County Judge Bob Leeper said that Ray did attempt to respond to issues addressed by the court behind closed doors.
“We do appreciate the response but unfortunately, the term ‘discussion’ means a back and forth and an understanding from everyone involved, and the conversation should be about those answers,” Leeper said. “Without her presence, we can't have that discussion here tonight.”
Commissioners Jerry Beyer, Bill Bartleman and Scott Wathen voted ‘yes’ to the vote of no confidence; Judge Leeper abstained, citing poor timing of the issue.
“I don't think it is the appropriate time to take this action,” Leeper said. He clarified that he did not discount the concern of his fellow court members and for that reason wouldn’t vote ‘no’ either.
After the meeting, the court took questions from media. Leeper further explained his reasons for wanting to allow more time before asking the jailer to resign.
“Without answers at this time, I thought it would be better to let some of the processes move further before we took this action,” Leeper said.
Leeper is referring to investigationsby the Kentucky State Police involving the death of an inmate last week at the jail as well as investigations into accusations that Ray violated the Kentucky Whistleblower Act when she terminated an employee.
Ray has also beenindicted for perjury and is expected to appear in court the second week of April.
Leeper said his only concerns lie within the responsibility of the court and those are purely fiduciary.
“We are looking very closely at a difficult upcoming budget next year and finishing up this budget as strong as we can and there are areas where the jail is over,” said Leeper.
Commissioner Jerry Beyers said his concerns are potential liability issues.
“My concern is for the inmates. I'm concerned for our employees that are there. But as our county attorney has told us on numerous occasions we really have no responsibility other than budgetary items over the jailer, and this is just a way for me to express my dissatisfaction with the day to day operation and hope that jailer Ray will conform with our recommendation,” Beyers said.
Commissioner Bartleman said the process has been “pretty frustrating” and the vote of no confidence reflects “how we feel.”
He said the court was reluctant to move forward with the vote. “We wanted to put on our big boy pants and our big girl pants and sit down and talk to resolve and discuss these issues because maybe we could understand why certain things happened and maybe she could understand why we feel the way we do,” said Bartleman.
According to Bartleman, under the state constitution, the court has no authority to require the jailer resign, all it can do is ask.
The county attorney outlined all possible modes of action the court could take, including a motion for impeachment. On impeachment, Leeper said “that would be a first” and said neither he nor the court intended to move in that direction.
Bartleman said the only way Ray can be removed from office is if she is convicted of a felony or certain misdemeanor crimes.
"As you may know there was a search warrant served at the jail today,” said Bartleman.
Kentucky State Police issued two separate search warrants at the McCracken County Jail Monday. The first involved Ray’s removal of Deputy Jailer David Knight and the second is related to the investigation of the death of inmate Joshua Fuson.
Those investigations are ongoing and no charges have been filed.
But, Bartleman said he has spoken with the special prosecuting attorney and actions to meet with a grand jury to discuss charges could happen as early as this week.
