SHEPHERDSVILLE, Ky. (WHAS11) -- A newly filed lawsuit by two Shepherdsville City Council members alleges proper procedure was not followed during the resignation process of Scott Ellis and that the man who was subsequently voted to replace him may not legally be the city's top official.
The suit, filed in Bullitt County Circuit Court, was filed on behalf of Larry Hatfield and Bernard "Bernie" Brown, Friday, records show.
Hatfield contends when Scott Ellis submitted a resignation letter to the council on February 9, his resignation was not effective immediately.
"The council never voted to accept the resignation of Mayor Ellis," a joint letter written by the councilmen and attached to the lawsuit read, "While the letter of resignation was read, no action was taken by the Council to accept it, which calls into question whether or not it is effective."
Hatfield cited Kentucky law KRS 83A.040(7) which he said states, "The resignation shall be effective at the next regular or special meeting of the city legislative body occurring after the date specified in the written letter of resignation.
Ellis' two-sentence resignation letter was also attached to the suit.
Previously released documents showed lewd comments authorities said Ellis sent to a woman on parole. Police said admitted during a video confession he used his elected position to get sexual favors from that same woman.
With the resignation in question, according to the councilmen, a vote to fill the invalid vacancy was premature.
Hatfield said he and Brown left the meeting, eliminating a quorum.
"Even the City Attorney said on the record that there was no longer a quorum, but then he advised the remaining council members to act anyway."
He also said the subsequent vote, which included a vote from Dana James to elect her husband Brian to the position, was also against protocol.
"The Ethics Code clearly prohibits any Council member from taking any action on any matter to obtain a personal or financial benefit for a family member. Voting for your spouse to be Mayor is a clear violation."
"We take the above deficiencies very seriously," the letter said, adding, "The critical question is, 'Does Shepherdsville currently have a Mayor or not, and if so, who is it?'"
Hatfield and Brown stressed the lawsuit was not a personal attack on Brian James, rather it had everything to do with procedure and timing to make sure the council's actions are in accordance with the law.
The men urged the council to void the actions taken on February 9 and take the matter to the Bullitt County Circuit Court for a judge to decide.
It wasn't immediately clear when a hearing would be held to hear arguments on the lawsuit.
WHAS 11 Reporter Shane Simmons is working to gather reaction to this latest development.
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