Eight days after members of the Barbourville City Council ousted former Barbourville Mayor David Thompson from office, attorneys have filed an appeal of the council’s action.
In the complaint, they are seeking reversal of Thompson’s removal from office.
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In a complaint filed Thursday morning by Thompson’s attorneys Scott M. Webster of London and Billy Taylor of Barbourville, claim that Thompson’s rights under KRS 83A040(9) were violated in his removal from office.
The complaint also alleges that the action and decision to remove Thompson from office were not supported by substantial evidence, and that the council’s action involved incorrect rules and principals of law.
“The allegations and “findings” against the Plaintiff allege no facts whatsoever that indicate or even suggest misconduct, incapacity, or willful neglect in the performance of the duties of the Plaintiff’s office…” the suit reads.
Thompson’s attorneys also allege that the notice of a March 11 meeting and public hearing was “manifestly” insufficient in advance of the meeting.
According to the complaint, attorneys say the Defendants, including council members Darren West, Wilma Barnes, Janet Hyde, Gary Williams, and Ronnie Moore, should product and certify the record on which the subject decision and action were made.
They also argue that the investigation and procedures leading to the proceedings against Thompson and the proceedings themselves were made in violation of Thompson’s fundamental right to due process.
In the complaint, Thompson’s attorneys are seeking award of reasonable attorney’s fees. They also are seeking to prohibit the council from enforcing Thompson’s removal.
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