Commission has not appointed mayor

By GINA KINSLOW
Glasgow Daily Times

TOMPKINSVILLE February 04, 2009 07:29 pm

— The city of Tompkinsville still does not have a mayor, despite rumors circulating throughout the area that someone has been appointed to fill the vacant seat.
The chore of appointing someone to be mayor falls to the Tompkinsville City Commission, which is expected to make the appointment during a special-called meeting.
“I know that the commission is looking at calling a special meeting to appoint someone at some point in time,” said Rich Alexander, city attorney. “We are just waiting the scheduling of a special-called meeting.”
Beverly McClendon, who had previously served as sheriff of Monroe County, won the mayoral race in November 2006 with 325 votes over opponent Jerry Hodges, who had 324 votes.
Hodges challenged the election claiming McClendon conducted campaign activities within 300 feet of polling places and near the Monroe County Courthouse while walk-in absentee voting was occurring.
McClendon had been serving as mayor until the Kentucky Supreme Court denied a petition for modification of an opinion rendered on Oct. 23, 2008 in the case of Beverly McClendon, Appellant versus Jerry Hodges, Appellee.
The Supreme Court’s ultimate holding in the case is that the Kentucky Court of Appeals’ decision is reversed and the original judgment of the Monroe Circuit Court entered on March 2, 2007 be reinstated, which means the 2006 mayoral election will be set aside and declared null and void and a new mayoral election will be held, Alexander said.
The Monroe Circuit Court also ruled that any and all candidates who were candidates in the 2006 mayoral election may seek election to the office in the next election; and that McClendon shall not act as the mayor, he said.
The commission was given 30 days to make the appointment. If it fails to appoint someone as mayor within the 30-day time frame, the governor will step in and make the appointment, Alexander said.