The second reading of the proposed Daviess County Nondiscrimination Ordinance has been postponed until the next regular Daviess Fiscal Court meeting on April 2.
The reason that the vote has been moved comes down to a “malfunction with systems,” that kept the court from providing the community with at least seven days published notice, which would have been in violation of subsection 1B and 1D of Kentucky Revised Statute 424.130: Times and periods of publication.
Essentially, the failure to publish a notice in time could have rendered a vote, either in favor of or against the proposed ordinance, void, said Claud Porter, Daviess County attorney.
“The statute requires that we publish the ordinance at least seven days and no more than 21 days prior,” he said. “It is a requirement. The law says the public is entitled to some form of notice for what we are planning to do and what ordinances would affect them so they could show up and support or reject.”
While Daviess Fiscal Court Judge-Executive Al Mattingly understands that the move could cause frustration, the alternative would be that any decision made outside of the statute could be challenged.
“We had a malfunction with our systems and it (the notice) didn’t make it out on time,” he said. “If we don’t follow the statute, any decision could be challenged in court no matter the verdict, we are going to push it out until April 2. I know it will cause inconvenience and upset people, but in the end with all that’s going on with COVID-9, it may be best because we will most likely have a crowd that night. For those that still wish to reach out to either myself or the commissioners on the issues, our phone and emails are open and we are willing to take any input they are willing to give.”
Jacob Mulliken, 270-228-2837, firstname.lastname@example.org.