Mayoral feud gets board’s attention

By GINA KINSLOW
Glasgow Daily Times

HORSE CAVE October 15, 2008 11:15 am

— A lawsuit filed against Horse Cave's mayor by his predecessor was discussed briefly by the city council in open session Monday night, before the council went into closed session to discuss the issue.
No action was taken when the board returned to open session, but at least one council member said she felt more informed after the governing body met behind closed doors.
Horse Cave’s former mayor JoAnne Smith has filed a defamation of character lawsuit against the city’s current mayor, Odell Martin.
In her suit, Smith said that since Martin took office, he has made statements during city council meetings implying that the former mayor and her administration had mismanaged funds during her term in office.
She also alleges that Martin has refused to sign documents and letters that would officially close a Community Development Block Grant received by the city in 2003, implying that the former mayor and administration had improperly managed the grant.
Smith also pointed out that Martin has refused to sign off on the 2006-07 city audit based on his belief there were financial problems with the grant, as well as other grants received by the city during the former administration.
In a July 31 special meeting, Smith claims that Martin accused her of being responsible for $30,000 worth of equipment that has gone missing. She also alleges that the conversation was repeated in a newsletter mailed to her home, addressed to “occupant.” In the newsletter, Smith pointed out that Martin had asked her about missing police equipment rather than just equipment.
Smith claims the July 31 exchange injured her “honesty, integrity, morality and reputation” and exposed her to “public contempt, ridicule and injury.” She also says Martin “contributed to the maliciousness of the slander when, at his direction, a newsletter was produced and circulated throughout the city of Horse Cave.”
One week after Smith filed the lawsuit, Martin held a press conference during which he said the suit is “frivolous” and an attempt to “interfere with city business.”
Councilwoman Sue Nunn brought up the issue Monday night. She asked Martin if the council was going to discuss the lawsuit, saying she didn’t want to wait until the council’s November meeting to learn the details.
“I have not met with the attorneys yet,” said Martin. “The attorneys have called me once, but I could not talk to them over the phone. So I’ve got to meet with the attorneys before I can probably say anything.”
Nunn asked again why the council couldn’t discuss it Monday night.
“This is concerning me personally and I want to know where I stand,” she said.
Only Martin was named in the lawsuit, but Nunn wasn’t sure if she and other council members are included.
Martin attempted to explain the lawsuit did not list her or other council members as defendants, but Nunn followed City Attorney Pat Ross’ advice, making a motion to go into closed session to discuss the matter.
On a 5-0 vote, the panel entered closed session. Councilman Randall Curry was not present for the meeting.
When the council resumed its open session, Martin announced no action was taken and the council voted to adjourn.
Afterward, Nunn said she couldn’t discuss the lawsuit.
“I can’t really say anything right now about it,” she said.
However, she did say she was concerned what part the council would be playing in the legal action.
“This is my first time to be on the council ... and this is my first time dealing with something like this,” she said. “I was kind of concerned on what part we needed to play and also did we need anybody to represent us,” she said. “But I was assured. He assured me of things.”
Nunn was appointed to fill the unexpired term of Leo Schrader, who moved out of the state and could not serve the remainder of his term.
“I’m new on the council. I’m just trying to learn my role and what part I need to take,” she said.
Councilman David Lindsey also said after the council meeting that he didn’t know enough about the lawsuit to make a comment.
“We’re really not that involved. It appears to be mostly the mayor. Of course the city council is involved, but we’ve got insurance to take care of that. So, I don’t know that much about it,” he said.