LOUISVILLE, Ky. — The city's top public safety officials could testify as soon as next week, in Metro Council's investigation into Mayor Greg Fischer's administration.
The Metro Council's Government Oversight and Audit Committee is planning to seek testimony from LMPD Interim Chief Robert Schroeder and Chief of Public Safety Amy Hess at a special hearing September 16th, but it's still unclear if that will happen.
It comes as part of the council's investigation into Breonna Taylor's case, David McAtee's death, and the city's handling of the following protests. The committee sought testimony from Schroeder and Hess on August 3, but the two officials walked out of the hearing at the advisement of their attorneys. Both attorneys argued their testimony in public view would jeopardize their positions in other ongoing lawsuits.
After the committee expressed its belief they should testify in open session, councilmembers issued formal subpoenas for both Hess and Schroeder, which the city then took action to block, by suing Metro Council.
Tuesday, a judge ruled on the issue, stating Hess and Schroeder must testify to the council in open session.
Circuit Court Judge Audra Eckerle wrote, "Metro Government has not established it will be irreparably harmed" by Hess and Schroeder's testimony.
Committee Chairman Brent Ackerson, (D-26), said Tuesday he was relieved to see the judge's ruling.
"We're back in action. Now the problem is were five and half, almost six weeks behind schedule for something that should not have taken place," Ackerson said.
"We were clearly within our right to subpoena these members of the administration," Committee member Councilman Anthony Piagentini, (R-19) said. "This community will never heal until the truth is in the public sphere. Period."
Councilmembers on the committee also discussed with back-and-forth debate, possibly issuing subpoenas for all LMPD Lieutenant Colonels and Majors. The committee decided to instead first ask LMPD's command staff to attend the hearing and issue subpoenas only then if necessary.
"As Hess and Schroeder testify, I'd love to be able to have command staff say that's true or not true," Ackerson said.
With Schroeder now leaving LMPD October 1st, it's not clear yet how his retirement may impact testimony or the investigation. His attorney, Joey Klausing, did not respond to a request for comment Tuesday, but Schroeder could still appeal the ruling.
Ackerson also said it is a legal "gray area" to determine what the course of action may be if Schroeder is unable to testify before his retirement on Oct. 1, when he is relieved of his official duties for LMPD.
The mayor's spokesperson, Jean Porter, responded to the judge's ruling writing:
"As we previously indicated – as recently as Friday, Sept. 4 – to both the Committee and the Court, Chief Hess was and is willing to waive the open meeting exemption and testify in open session. Thus, we do not see it necessary to ask the Court of Appeals to review the Court’s decision.
Since Chief Schroeder is named as an individual in the ACLU case, you’ll need to talk with his counsel about his next steps."
Ackerson said during the committee meeting he has re-issued the subpoenas for Schroeder and Hess, with plans to call for them to appear before committee next Wednesday, Sept 16 at 2:30.
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