Danville plans court filing alleging ‘official misconduct’ by Boyle on 911 issue

Published 8:36 am Thursday, September 21, 2017

Danville City Commission has voted to file a “declaration of rights action” in court over Boyle County’s handling of 911 funds, alleging “official misconduct” by the county judge-executive and magistrates on the Boyle County Fiscal Court.

City commissioners spent almost two hours in executive session during a special called meeting held Wednesday morning before emerging from behind closed doors to take action.

Danville Mayor Mike Perros made the following motion:

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“I hereby move that the Board of Commissioners authorize the filing of a declaration of rights action in the Franklin Circuit Court, naming Boyle County, its judge-executive and magistrates, and the Kentucky 911 Services Board as defendants to … confirm that the city is the owner of the 911 call center or public-service answering point, known as the PSAP; that the approximately $700,000 of tax dollars held by Boyle County should be immediately transferred to the city and spent in accordance with the purpose of which they were collected, meaning the city’s PSAP; that all future (cell-phone fee) funds from the state be directly sent to the city; that all future local tax dollars elected for the 911 by the county be transferred to the city within 30 days; that the failure of Boyle County to transfer said funds despite numerous requests by the city constitutes official misconduct by the Boyle Fiscal Court members and judge-executive for not performing their lawful duty of transferring tax funds for the specific purpose they were collected and … authorize acts to transfer said tax dollars elsewhere; and seeking an immediate injunction prohibiting the transfer of said funds by Boyle County to any entity other than the City of Danville.”

Commissioners Kevin Caudill, J.H. Atkins and Denise Terry all offered seconds to Perros’ motion.

There was no further discussion; Atkins called for the question and the motion passed unanimously.

Boyle County Fiscal Court currently holds an estimated $700,000 in 911-earmarked funds gathered from the state through 911 fees on cell phones and from a local ordinance placing a monthly 911 fee of 50 cents on all landline phones. Danville has been planning to use around $500,000 of those funds to upgrade its 911 center to “next gen” technology, but Boyle County has declined the city’s requests to transfer funds. Boyle County officials have previously said they would transfer the funds when they have a quoted price for the upgrades.

Boyle County is currently the recipient of the state cell-phone funds allocated for the Danville 911 center, but Danville owns and operates the center. Danville has argued it should receive the funds directly. It requested a ruling on the matter from the Kentucky Attorney General’s Office earlier this year, but has gotten no response.

Boyle County is also pursuing a possible”merger” with Bluegrass 911 in Garrard County, which would result in a split from the Danville 911 center. The fiscal court is expected to consider an interlocal agreement that would push the merger toward happening at its next meeting on Sept. 26.

Perros said after Wednesday’s meeting there would be no further comment on the court filing from the city because the city does not comment on pending litigation.