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Metro Council President David James accused of collusion

The president of the Louisville Metro Council was accused of working against the city's interest during a Friday hearing.

LOUISVILLE (WHAS11) -- He's the president of the Louisville Metro Council and he’s being accused of working against the city's interests as a demoted metro police officer sues the department and the city.

The accusations of collusion all stem from the "Whistleblower" lawsuit filed by LMPD Lieutenant Jimmy Harper against his own department. That trial was set to start Tuesday, but the county attorney's office tried and failed to push back next week's proceedings during a hearing on Friday.

Harper filed the lawsuit because he claims Chief Steve Conrad demoted him from major to lieutenant after he criticized leadership in the police force.

Harper said he was just being truthful when Louisville Metro Council members asked him about the chief's decision-making, including getting rid of police "Flex Platoons."

Meanwhile, the Council's President David James, a former police officer himself, was the basis for Friday's arguments to delay next week's trial.

In the motion, attorneys for the city tried to convince the judge that James had "colluded" with Harper to help build his case.

The county attorney's office had reviewed a binder James provided to Mayor Greg Fischer Tuesday night.

The Mayor had asked James to prove his claims during sworn testimony in July that Conrad was a liar.

That's why James handed over the binder, but the argument in court Friday was that clearly a lawyer, likely Jimmy Harper's lawyer, drew up the contents.

“That allegation is frankly ridiculous because Jimmy Harper and David James have known each other for 20 years, they work with each other, they shared information and one of the problems in this lawsuit is that Chief Conrad accused Jimmy Harper of sharing too much information with the Metro Council. Specifically David James, so the idea that David James is colluding with Jimmy Harper is absurd,” Thomas Clay, Harper’s attorney, said.

The judge dismissed the motion for a continuance.

Therefore, jury selection in this "whistleblower" case is set for Tuesday morning, Aug. 7. Meanwhile, the county attorney declined to comment on Friday's motion, other than to say the city's position is clear in pleadings filed with the court.

The following is a statement from Mayor Fischer:

"This attack on Chief Conrad’s integrity is nothing but a bitter, nasty political ploy aimed at distracting the public from the real, positive work happening in our city. Rather than focusing on the verifiable progress that LMPD is making to curb violence in our city, political opponents would rather reach back more than 20 years to twist one instance of someone acknowledging a mistake into a political jab. It’s well past time we say enough to this political gaming and to those who perpetrate it. Chief Conrad has my full and complete confidence. We will continue to work the plan we have put in place, and we encourage everyone – citizens, city employees and officials alike – to get involved in working together to support our police and continue to improve public safety."

The following is a statement from LMPD Chief Conrad:

"Nearly 21 years ago, when I was a captain in command of a district in the former city police department, I made a mistake by not giving all the information I had during an initial interview as part of a criminal investigation involving one of my subordinates. I did then what I have always asked of the officers I command – I recognized my mistake and quickly acted to address it. Within less than 18 hours, I asked to be interviewed again so that my initial answers would not be misleading. I spoke with my superiors, including the police chief at the time. After a review by my supervisors, no discipline was given and it was determined I had acted in good faith.

Several years and two police chiefs later, the criminal investigation into my subordinate was completed. The only outcome of that investigation was the chief at that time ordered an internal policy investigation. That eventually resulted in a suspension because of the misleading answers I gave initially, years before. I appealed that decision because the previous chief at the time of the incident had already determined there was no violation of policy. Through the arbitration process, the suspension was overturned and ordered removed from my record.

At that point I considered the matter resolved and moved on with my career. I never acted with ill intent. I never attempted to cover this up. I simply went on to do the best job possible in whatever role I was in.

As it relates to the accusations of perjury made in court Friday, as the County Attorney memorandum filed in court indicates, those accusations are completely unfounded.

Let’s be absolutely clear. The only reason this is coming out now is because of politics and personal vendettas. Based on the arbitrator’s ruling, this matter was removed from my record and it has never been raised again when I sought any other job. My integrity was not questioned when I became chief of this department – where there are people who knew about this 21-year-old incident.

Over the past several months, my character has been attacked repeatedly thanks to the ugly, underbelly of politics. I have tried to stay above that fray – keeping my focus on the job I’m here to do, which is to keep this community safe. I accept criticism is part of the job.

This, however, goes well beyond criticism. This is a smear campaign that relies on half-truths, intentionally misleading information, gossip, and innuendo.

I have listened repeatedly to Councilman James and others call me a liar and unfit for this job. What I know is that when I make mistakes, I own up to them – just as I did 21 years ago.

I have tried to turn the other cheek and maintain a professional relationship and work to address the real issues of this city. It’s time we cast aside these political jabs and work together – really work together.

Rest assured, I will keep weathering the jabs if they continue to come because I am dedicated to making sure this police department has what it needs to make our community safer. I know the men and women of LMPD will stay focused and do what needs to be done despite this twisted political climate we are in."

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