Friday, March 31, 2000
Ludlow demotes assistant chief
BY RAY SCHAEFER
Enquirer Contributor
LUDLOW — Benny Johnson refers to himself as a lieutenant colonel in the Ludlow Police Department, even though City Council passed an ordinance Thursday that eliminates the title and places him in the lieutenant's slot.
As a result, Lt. Johnson said he spoke with attorneys Thursday and will likely refile charges against four council members over what he calls an unwarranted demotion.
“My attorneys are working on filing that at this time,” Lt. Johnson said. “I'm not trying to intimidate (council). I'm trying to right a wrong.”
Councilman Garry Hatter Sr. didn't appear intimidated.
“I don't really care if he does (sue),” he said.
Council passed the ordi nance 4-0 at Thursday's special meeting as an emergency measure. Mr. Hatter and fellow councilmen Jack Redd, Ben Cloud and Fred Brooks cast the votes.
Council members Sharon Dietz and Ron Wofford and Mayor Tom Stacy did not attend the 30-minute session.
“I didn't even know about (the meeting),” Ms. Dietz said. “I wouldn't have attended anyway, but I didn't know about it. It's typical. It's outrageous what (the rest of council is) doing; I don't want any part of it.”
Mr. Wofford could not be reached for comment. Mr. Stacy said he didn't attend because he thinks the meeting could have been illegal because proper notice was not given.
The ordinance establishes 15 city positions. Police jobs include a chief, a lieutenant, a sergeant, four officers and a clerk. The title of assistant chief that Lt. Johnson held was the only position eliminated.
“This is an ordinance that is already in the policy manual,” Mr. Redd said. “We're just trying to clarify that it does exist.”
Lt. Johnson's pay remains the same, but he has said eliminating the assistant chief's slot has hurt his reputation in the city. He also said council keeps forgetting that Ludlow's is a civil-service police department, which means there have to be hearings before any disciplinary action is taken.
“There cannot be a demotion without due process,” Lt. Johnson said. “Basically, that's it. For some reason, the majority of City Council feels they can supersede state law.”
The situation involving Lt. Johnson is related to Mr. Sta cy's veto of the $1 million-plus budget council passed March 8. The Kenton County city of 4,700 has been without a new budget since July 1, and spending is based on the previous budget.
Three weeks ago, Lt. Johnson signed papers charging Messrs. Redd, Wofford, Cloud and Hatter with official misconduct. Kenton County Attorney Garry Edmondson declined to file charges, saying the matter was made moot when Mr. Stacy vetoed the budget.
Mr. Edmondson was out of town Thursday and unavailable for comment.
Five votes are required to override the veto. Thursday's meeting was council's second attempt to override in two weeks.
“I don't think you can table it a second time,” Mr. Stacy said. “That's my understanding of the law. I could be wrong.”
Mr. Stacy said he may ask the state attorney general's office to advise him on what to do regarding Lt. Johnson's case and other matters, but he wanted to first talk to City Attorney Pete Summe.
“The city attorney was going to wait until (the veto was overridden) before going to court,” Mr. Stacy said. Council is “trying to circumvent the authority of the mayor and delve into personnel matters.”
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