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Clark County Judge-Executive Les Yates has sued his fellow members of the county Fiscal Court and the Clark County Public Library’s Board of Trustees.

In a lawsuit filed in Clark County Circuit Court on Aug. 10, Yates alleges that the Fiscal Court violated provisions of KRS 173.4902 (2) when it voted to appoint Carlye Thacker, who was also named as a defendant, on July 12 to fill the seat vacated by Dawn Alvarado, who resigned in February.

Thacker was sworn in by the library board of trustees Wednesday evening, but the suit seeks to have Thacker’s appointment voided. Further, it seeks injunctions to prevent the board of trustees from recognizing her appointment and Thacker from exercising any assigned powers as a trustee.

The suit states that KRS 173.730 (2) sets forth a clear procedure for filling a vacancy on the library board. The statute details that the county judge is to nominate two individuals, with approval from the Fiscal Court, on recommendation from the state librarian and commissioner of archives unless the Court has adopted “an alternative appointment process.”

“Fiscal Court has not adopted the alternate appointments process referred to in the resolution,” the suit reads, alleging that the Court can only approve a nominee after a submission from the parties listed above.

On or about Feb. 28, the acting state librarian and commissioner of archives recommended two nominees to Yates, including Thacker. However, the suit says that on or about March 22, Yates was informed by the state librarian that an error had been made and that the nominees from February were withdrawn.

In accordance with Kentucky law, Yates recommended Winchester resident Tiffani Hays to fill the vacancy during the April 12 Fiscal Court meeting. The Court rejected Hays’ nomination.

Two days later, Yates emailed the acting state librarian and commissioner that Hays’ nomination had been rejected. Yates later received an email that the two would be in touch soon with the next steps, which the suit says Yates never received.

The suit states that as of March 22, there were no nominees for the vacancy.

It further alleges that on July 12, the Fiscal Court voted in the majority to confirm Thacker’s appointment without the vote being announced on the agenda beforehand and without the “customary video record being made.”

The suit states that this was extralegal because the state statute stipulates that no nominee may be approved unless the state librarian, commissioner of archives and county judge submit the nominees.

As previously reported by the Sun, members of the Fiscal Court believed that Kentucky Revised Statute 67.710 gave them the authority to make the appointment.

The statute states: “When directed by statute or an ordinance of that county to make an appointment and fill a vacancy, nominate a person to fill the vacancy within sixty (60) days of the date of the vacancy. The fiscal court shall approve or disapprove the nomination within forty-five (45) days of the receipt of the nomination. If the county judge/executive fails to nominate a person within sixty (60) days of the date of the vacancy, the fiscal court may fill the vacancy. If the fiscal court fails to approve or disapprove a nomination within forty-five (45) days of the nomination, the county judge/executive’s nominee is deemed to have been approved. If the fiscal court disapproves a nomination, the county judge/executive shall nominate another person to fill the vacancy within forty-five (45) days of the disapproval. If the county/judge executive fails to nominate another person within forty-five (45) days, a majority of the fiscal court may fill the vacancy.”

The first hearing for the case is scheduled for Sept. 7 at 9:30 a.m.