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While working together in meetings diligently since the summer of 2023, it has been well known that a lawsuit filed by Clark County Judge-Executive Les Yates against members of the Clark County Fiscal Court and the Clark County Public Library’s (CCPL) Board of Trustees began in August. 

On Friday, March 1, in a 14-page written document, the Clark County Circuit Court decided  in favor of the Clark County Fiscal Court and the CCPL Board of Trustees. 

According to the lawsuit filed in August, Yates alleged that the Fiscal Court violated provisions of Kentucky Revised Statute (KRS) 173.4902 (2) when it voted to appoint Dr. Carlye Thacker on July 12 to fill a seat on the Clark County Public Library’s Board of Trustees that was vacated upon the resignation of former board member Dawn Alvarado in February 2023. 

The suit stated that KRS 173.730 (2) set forth a straightforward procedure for filling a vacancy, which includes the county judge nominating two individuals, with approval from the Fiscal Court, on recommendation from the state librarian and commissioner of archives at the Kentucky Department of Libraries and Archive (KDLA), unless the Court has adopted an “alternative appointment process.” 

Near the end of February 2023, the above-mentioned staff members at KDL recommended two names – one being Thacker. 

Approximately one month later, the lawsuit states that Yates was informed of an error and that February’s nominees were withdrawn. 

Yates then recommended local Winchester resident Tiffany Hays for the vacancy at an April 12t meeting, which was rejected. 

On April 14, Yates emailed the acting state librarian and commissioner, saying Hays’ nomination was rejected. Although he had received an email stating the two would be in contact regarding the next steps, no further action occurred. 

On July 12, the fiscal court took action by nominating and voting in the majority to confirm Thacker’s appointment. 

Previously, Clark County Public Library Board of Trustees’ attorney Dodd Dixon had argued that KRS 173.730 (2) must be read in conjunction with KRS 67.710 (9), which allows the Fiscal Court to take action if the Judge-Executive has failed to act in sixty days. 

Yates’ lawsuit considered such action extralegal. 

As a part of its written statement, the circuit court made one of many statements. 

“Reviewing these two statutes, this Court reflects upon the basics of statutory construction…Additionally, the Court must try to give meaning to the entire body of law, not just one part,” it states. “The statutes at issue here do not conflict in a way that can not be harmonized. KRS 173.730(2) sets forth the procedure for the County Judge Executive to nominate, after recommendation by the KDLA, a person to the local Library Board. KRS 67.710(9) provides a fail-safe procedure to the employed when the County Judge Executive fails to nominate a person pursuant to a statute (such as KRS 173.370). The statutes, in fact, work the way they were intended to in harmony. Furthermore, this Court is to assume that when the Legislature enacts a new law, it is aware of related laws currently in place.” 

The written opinion continued. 

“Judge Yates has argued that he requested a new slate of names from KDLA. However, there is no debate that Judge Yates had at least one other person recommended by the KDLA that he could have nominated. The statute states that he shall nominate another person within 45 days of the disapproval. When he failed to nominate another person within the 45 days, the provision of KRS 67.710 was activated, and the plain language of KRS 67.710(9) allows the Fiscal Court to step in and appoint.” 

It also stated that the KRS statute would not have provided the authority to withdraw Thacker. 

“The Clark County Fiscal Court, in this case, did appoint an individual recommended by the KDLA. The Plaintiff has argued that Dr. Thacker was no longer a recommendation because her name had been ‘withdrawn’ by KDLA. There is no authority in KRS 173.730 (2) for KDLA to ‘withdraw’ names…By the statute’s plain language, the Clark County Fiscal Court chose a person nominated by KDLA. The Court considers the legislature’s intent and determines it to have been met.” 

Ultimately, the defendants—Clark County Fiscal Court and CCPL Board of Trustees—had their motion for summary judgment granted, while the Plaintiff—Judge Yates—had their motion for injunctive relief denied. 

The appointment of Dr. Carlye Thacker to the Clark County Library Board was ruled to be in compliance with Kentucky statutes related to Library Board appointments. 

Thus, Thacker may continue her duties as assigned.