Less than 48 hours after originally filing its legal complaint against a nickel tax petition with the 56th Judicial Circuit, the Trigg County Board of Education and its attorney, Jack Lackey Jr., have re-filed said complaint — one that issues more clarity in wording.
In a Friday morning statement from Lackey’s office, the complaint was changed from “Carmen Finley, in her individual capacity” to reflect that this is “not a complaint on Finley in her individual capacity,” only of the county clerk position itself.
A Friday afternoon statement from the Trigg County Board of Education reads verbatim and as follows:
“As allowed by Kentucky law, the Trigg County Board of Education filed a petition and complaint in Trigg Circuit Court for judicial review of the Trigg County Clerk’s determination that the Nickel Tax Petition was valid and sufficient.
“In its filing, the district is simply asking that the Circuit Court determine that, for reasons stated in the petition and complaint, the County Clerk’s determination of sufficiency should be overturned and the Nickel Tax Petition declared insufficient and invalid.
“This is the process set out in the statute governing tax recall petitions. The Trigg County Clerk is named in the proceeding because it was the Trigg County Clerk who, under the statute, made the initial determination of the validity and sufficiency of the Nickel Tax Petition, and the law requires that the County Clerk be named as a party in such judicial review proceedings.
“The petition and complaint do not request monetary damages from the Trigg County Clerk. The petition and complaint do not seek any remedy from the Trigg County Clerk personally. The petition and complaint were amended [Friday] to make that point clear.
“The Trigg County Board of Education has great respect for, and does not hold any ill will toward, the Trigg County Clerk. The Trigg County Board of Education simply disagrees with the Trigg County Clerk’s determination that the Nickel Tax Petition was valid and sufficient and is exercising its right to request judicial review.”
AMENDED COMPLAINT:
