As you are probably aware, KRC is representing Joey Roberts in an appeal of the approval by the State Local Debt Officer of a $25 million dollar bond issue to fund the Warren County industrial park-airport proposed to be located in a fragile karst plain area outside of Bowling Green, Kentucky.
After an adverse recommendation by the Hearing Officer, KRC filed a detailed set of exceptions to the County Debt Commission, which is composed of Governor Patton, Lieutenant Governor Henry, State Treasurer Miller, Auditor Ed Hatchett, Secretary of State Brown, Transportation Secretary Codell, and Secretaries Flannery and Mayton. The exceptions requested that the County Debt Commission reject the recommendations of the Hearing Officer and void the proposed bond issue.
The exceptions, which appear on KRC's website at www.kyrc.org, were filed as provided in KRS Chapter 13B, which generally applies to all administrative hearings held by the state, and which the Hearing Officer acknowledged to apply to this case.
Despite the fact that the Exceptions were timely filed over a week ago, they had not been distributed to the County Debt Commission members, who met this morning in Frankfort to decide the appeal. In a decision remarkable for its failure to comply with the plain language of state law, Secretary Kevin Flanery, acting as Chair of the County Debt Commission, ruled that the County Debt Commission need not consider the exceptions, and the County Debt Commission proceeded to adopt and approve the Hearing Officer's recommendations and the bond issue.
Bedrock procedural due process principles require that a decision be based on the entire record. The failure to read and consider the exceptions is a clear violation of state law and of Kentucky's constitutional protection against arbitrary government action. An appeal will be filed to Franklin Circuit Court as soon as the audio tape of the October 9 meeting is copied and the written decision rendered.