The Louisville Metro Council Charging Committee that impeached Councilwoman Judy Green, D-1, says the embattled lawmaker and her legislative aide have ignored subpoenas for key documents in Green’s expulsion trial.
The committee’s lawyer filed a motion Monday asking the Metro Council Court to compel Green and her assistant Andrea Jackson to produce e-mails and other documents that relate to the Green Clean Team and 100 Black Men, which were at the center of her two ethics violations.
Attorney Gregg Hovious says Green has failed to comply with the requests filed a month ago and asks council members to find her in default. Hovious further says Jackson must provide proof to show her inability to access the document and that Green’s ouster from office should be immediate.
“Despite having been ordered to produce these documents, (Councilwoman) Green has refused to comply, communicating through her counsel that she has no intention of making any response to the subpoena,” says Hovious. “Her decision to defy the authority of the council court by refusing to participate in the hearing process warrants the entry of an order that finds her in default.”
Earlier this year, the Metro Ethics Commission found that Green deliberately violated the ethics ordinance in two separate complaints.
In the first case, Green was charged with using the Green Clean Team, a city-funded summer jobs program, to benefit members of her family. The second complaint alleged Green rerouted taxpayer dollars through 100 Black Men of Louisville to other non-profit groups without the council’s knowledge.
In July, Hovious subpoenaed all documents and communications concerning the program and organization. He later a request to see purchases made using Green’s council-issued Kroger Co. gift card, which have also come under scrutiny.
In a response to Hovious’s subpoena, which was dated and signed on August 22, Jackson says she has no documents evidencing “any payments, timesheets or receipts” regarding the Green Clean Team, any e-mails concerning or any documents of Green’s use of the gift cards.
Attorney Derwin Webb, who is representing Green in the expulsion trial, was unavailable for comment.
However, Webb filed a response with the council clerk’s office Tuesday citing his perceived irrelevance of the information and the councilwoman’s ongoing health issues as reason to deny the requests.
“Give the circumstances of (Councilwoman) Green’s health coupled with the relevancy of the material sought, (Councilwoman) Green seeks an order denying the information requested and the relief sought in this matter,” he says. “While (Councilwoman) Green challenges the relevance of the requested documents, if said documents are deemed relevant, the documents cause undue prejudice, clearly will confused the issues, and are intended to mislead the jury in this review of the material.”
According to the council rules, the full court decides on trial dates, summary motions and continuances by majority vote. But the presiding chair of the council court, with the assistance from Jefferson County Attorney, is given the sole responsibility of ruling on all “procedural and evidentiary” motions.
In July, the court selected Councilman Kelly Downard, R-16, as chairman of the court. He told WFPL in a telephone interview that he will review Hovious’s and Webb’s dual motions and a ruling will come as quickly as possible.
“I have not had time to review them, but I will with the counsel to the court and we’ll have a decision,” says Downard. “We won’t dally.”
The expulsion hearing is scheduled for September 12.