PETITION TO REHEAR ELECTION CASE

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Emma J. Vanderpool Manns
Joyce Ann Mullins Elam
Lanson Stephens
Leroy Gullett
Tony Ray Fletcher
Thursday, July 2, 2015
VOL. 100, No. 27 Pages 34 UPS 944-240
PETITION TO REHEAR ELECTION CASE
By HEATHER ONEY
Editor
FRANKFORT - Magoffin County Judge Executive Dr. Charles Hardin’s attorney told the
Independent on Tuesday that he is petitioning
the Kentucky Court of Appeals for a rehearing.
In June three-judge Court of Appeals panel
agreed 2-to-1 to affirm Circuit Judge John David Preston’s ruling to throw out the results
from the 2014 Magoffin County judge executive
election and deem the office vacant.
The case began when John Montgomery, republican candidate for Magoffin County judge
executive who lost by 28 votes to incumbent
Dr. Charles Hardin, filed an election contest
suit in December against Hardin and the Magoffin County Board of Elections, which resulted in Judge Preston’s ruling. All three parties were appealing the ruling, Hardin and the
Board of Elections for the election results to
stand, and Montgomery for the absentee votes
to be thrown out and he be named the judge
executive.
On Tuesday, James Deckard, Hardin’s attorney, sent the Independent the petition for rehearing and a motion for an en banc review (for
all 14 Court of Appeals judges to hear the case),
stating that the petition and motion would be
See ELECTION| Page A2
FY 2015-2016
In Memory
Fiscal court
passes budget
By HEATHER ONEY
Editor
SALYERSVILLE - The Magoffin County Fiscal
Court met in a special-called meeting last Thursday, passing the budget and discussing the status
of the judge executive office.
The Court agreed to pay Kentucky Natural
Lands Trust $3,260.25 in regards to the industrial site. The fiscal court is under a memorandum
of agreement with Kentucky Fish and Wildlife,
which establishes the Endangered Species Act,
and they required the fee. Magoffin County Judge
Executive Dr. Charles Hardin explained that they
believed the industrial park would cost roughly
$500,000, but this is the first required fee they’ve
had to pay.
The Court approved to pay up to $4,000 for
constituents concerning the tire grant.
The Magoffin County Fiscal Court passed a resolution in conjunction with the City of Salyersville
HONORING
A LEGACY:
Former Magoffin
County Court Clerk
Howard Hensley
passed away on
Monday, June 22, at
the age of 85. Hensley served as the
county clerk for four
terms, from 1966 to
1981.
Independent Photo ||
MAGOFFIN COUNTY
FUNERAL HOME
See BUDGET| Page A3
Former county clerk passes away
By HEATHER ONEY
Editor
Last week Magoffin County had to say
goodbye to Howard Hensley, a former Magoffin County court clerk and well-known
community member, who passed away on
Monday, June 22.
Honoring his life and legacy, Magoffin
County Court Clerk Renee Arnett Shepherd
read the following resolution in the June 25
fiscal court meeting, signed by Judge Executive Dr. Charles Hardin:
Whereas, Howard Hensley was born on
February 2, 1930 in Magoffin County, Kentucky; and
Whereas, Howard Hensley passed away on
Monday, June 22, 2015 at the age of 85; and
Whereas, Having deep Magoffin County
roots, Howard and his wife, Mella, decided to
make their home on Lacey Creek with their
beloved daughter, Jennifer; and,
Whereas, Howard Hensley was a civicminded individual and made the decision to
seek public office so he could help make Magoffin County a better place; and.
Whereas, Howard Hensley served four
terms as the Magoffin County Court Clerk
from 1966 to 1981; and,
Whereas, Howard Hensley provided the
citizens of Magoffin County with dependable
and efficient service, a true example of a public servant; and,
Now, therefore, I, Charles E. Hardin Jr.,
M.D., Magoffin County Judge Executive, on
behalf of the Magoffin County Fiscal Court
do hereby sign and adopt this resolution
honoring the life and legacy of former Magoffin County Court Clerk Howard Hensley.
Friday
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Saturday
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Gibson hired as
Breathitt Co.
superintendent
By HEATHER ONEY
Editor
JACKSON - A Magoffin County man has been
named superintendent for Breathitt County
Schools.
The Breathitt Advocate and The JacksonBreathitt County Times Voice newspapers contributed information from the Breathitt County
School Board meeting Wednesday, July 1, confirming that the board unanimously accepted to
hire David Gibson as the new superintendent of
schools. The appointment has to be approved
by the state commissioner, as well as the Kentucky Department of Education.
According to WYMT reports, the state took
control of Breathitt County schools in 2012 in
the midst of low test scores, financial mismanagement and the former superintendent going
to jail. Earlier this year, the Kentucky Board of
Education voted to keep the school system under state management until 2017.
Most recently, David Gibson has held the position of Director of Pupil Personnel (DPP) for
Magoffin County Schools.
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Extended
Coverage
Inside This Week
DIRT TRACK RACING
Local drivers compete at Portsmouth
Raceway Park-B1
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