It was brought to my attention that in the City Commission meeting of June 9, Mayor Hunstad raised a concern about the representativeness of our January public issues survey showing that approximately three-fourths of respondents were supportive of a fairness ordinance. He argued that since around two-thirds of respondents had a college education or higher, the survey results are not a valid approximation of the community. Indeed, the U.S. Census reports that only about 26% of Danville residents have a college education or higher. This is indeed an important concern to consider in terms of interpreting the results, but it would skew the estimation of support for a fairness ordinance only if support for a fairness ordinances substantially differs by level of education.
In our survey, here is the breakdown on support for a fairness ordinance by level of education:
As expected, those with post-graduate degrees are about 15% more supportive of a fairness ordinance. However, those with only high school levels of education who completed the survey were still more than 70% supportive of a fairness ordinance. This implies that the results would not change substantially even if there were more respondents in the survey with less than a college education.
Thus, in the absence of more accurate evidence to the contrary (which is always welcome – more evidence is better than less evidence!), there is little basis to support the argument that the survey results are wildly inaccurate on this question.
Today’s Advocate-Messenger reports that a petition is circulating demanding that Danville Mayor Hunstad resign following his comments toward the LGBT community at the June 9 commission meeting.
Without taking a position one way or another on the merits of such a petition, I’m just going to take a wild guess that he’s not going to accept the petition’s invitation to resign. In that event, is there anything that the petition’s supporters could do to force the resignation of the mayor, or any other city elected official for that matter?
In a word, no. Danville is a third class city under Kentucky law, and KRS 83A.040.9 clearly states:
Except in cities of the first class, any elected officer, in case of misconduct, incapacity, or willful neglect in the performance of the duties of his office, may be removed from office by a unanimous vote of the members of the legislative body exclusive of any member to be removed, who shall not vote in the deliberation of his removal. No elected officer shall be removed without having been given the right to a full public hearing. The officer, if removed, shall have the right to appeal to the Circuit Court of the county and the appeal shall be on the record. No officer so removed shall be eligible to fill the office vacated before the expiration of the term to which originally elected.
In other words, the only way that Mayor Hunstad could be forcibly removed from office is if the other four sitting commissioners vote to remove him. My strong hunch is that there is little desire or motivation for such a move by the other four sitting commissioners. That is very likely a non-starter, unless perhaps the petition is able to gather the signatures of a critical mass of Danville voters – perhaps a third or so of Danville eligible voters (3,000+ signatures, give or take). I would also put that in the “highly unlikely” category.
Note: I’m not an attorney so it’s possible that I misinterpreted the KRS statute or am unaware of a separate provision that would permit such a recall procedure. If such is the case, I welcome any corrections.