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Councilmembers vote yes on 'no-confidence' resolution, independent investigation into Louisville's jail

The votes come amid growing frustration in LMDC leadership, after six inmates died inside the facility in a 90-day span, starting in Nov. 2021.

LOUISVILLE, Ky. — On Thursday night, Louisville's full Metro Council voted yes on two different resolutions regarding ongoing issues inside the Louisville Metro Department of Corrections (LMDC): a vote of 'no-confidence' in LMDC leadership, and one initiating an independent investigation into the jail amid a string of recent inmate deaths.

The no-confidence vote passed 18-6, with a handful of councilmembers saying the investigation should have come first.

"Is that the leadership's fault? I don't know, but I believe that a thorough investigation would answer that question," said District 4 Councilman Jecorey Arthur.

Arthur said he went inside the jail Thursday to see the issues for himself and talk to LMDC leadership. He questions if Director Dwayne Clark and his staff are the ones to blame for overarching problems, and whether the vote of no-confidence would be premature.

Meanwhile, sponsors of the no-confidence resolution like District 25 Councilwoman Amy Holton Stewart felt the proof is there, citing an HR survey where a higher percentage of exiting Corrections officers said a decline in 'work experience' led them to leave.

"We don't have these months to wait to complete this investigation, this is something we have to act on immediately," she said. "Efforts to attract and retain quality officers has been similar to pulling teeth with Director Clark's administration."

The no-confidence vote in Clark and his staff is purely symbolic, to put pressure on Mayor Greg Fischer to make a change. Only the Mayor can remove Clark from his role.

This week, Mayor Fischer's office announced three new hires for additional assistance and review into Corrections. Amy Hess and Ron Heady will be two new Public Services assistant chiefs, and Gary Raney will serve as an outside consultant and expert in jail deaths to review the recent suicides, along with LMDC policies, training and equipment. 

But Councilman Anthony Piagentini (R-District 19) argues investigators hired by the Mayor's office don't equate to a truly independent review. Piagentini is the sponsor of the resolution calling for an investigation led by the Metro Council's Government Oversight and Audit Committee (GOAC). He cited a similar resolution filed back in 2018, also initiating a review into LMDC.

"It's unfortunate that we had to wait this long to do this, we probably should have done this sooner," Piagentini said.

Councilman Piagentini says the GOAC will make the decision on an outside investigator. Piagentini also notes the legislation's purpose is to dig into recent deaths and ongoing staffing issues inside the facility, and see whether failures in leadership played a role. He says it also will solidify the extent to the kind of jail information that can be subpoenaed, if necessary.

RELATED: New pay increases, accountability measures hope to attract and retain Louisville Corrections officers

The Corrections Union made its vote of no-confidence in Sept. 2021. FOP President Daniel Johnson has repeatedly blamed LMDC Director Dwayne Clark for allowing problems to overflow. Johnson has cited a growing staffing shortage, most recently sitting at above 140 vacancies.

On Wednesday, Clark released this statement to WHAS11:

“I realize that the proposed no-confidence resolution on me, while symbolic, is front and center. While the Council may or may not have confidence in me, I have confidence that by working together, we can improve and protect the lives of the inmates in my custody."

Meanwhile, prior to the Metro Council's vote, Louisville's Chief of Public Services Matt Golden addressed a letter to Councilmembers, asking them to conduct the investigation before holding their no-confidence vote.

Six different councilmembers also wanted to wait.

But overwhelmingly, the majority cited Director Clark's failure to show up and answer questions in times of crisis as the deciding factor.

Here's the full statement from Chief Golden:

"To summarize my previous letter to you, under Louisville Metro Department of Corrections (LMDC) Director Dwayne Clark, sworn wages are up, inmate populations are down, and employee vacancies have not shown a dramatic decline. In fact, sworn staffing is at 75% at LMDC, which when jails and prisons across Kentucky are 30% to 50% staffed. We continue those efforts and are expanding our team to fast track change and help improve Corrections.

That being said, I know the Council has called for a no-confidence vote in Director Clark. This week, Councilmembers have also called for an investigation of Clark’s leadership and a review of LMDC. Given the two resolutions, it is my hope that you will conduct your investigation before you hold your no-confidence vote. Otherwise, it’s finding someone guilty before you even hear the evidence and discern the truth.

In the meantime, you are aware of our improvement plans. Director Clark and his team and the Mayor and his team will continue our relentless efforts to improve. We will build capacity at all levels to accomplish this and continue to seek fruitful collaboration when possible."

Mayor Fischer also gave a statement regarding the Metro Council's vote:

"Dwayne Clark is a 42-year corrections professional who has spent half of his career dedicated to serving our Louisville Metro Department of Corrections. The concentration of six in-custody deaths since Nov. 2021 is an aberration at the jail that I, along with Director Clark, his team, and the Metro Council are all justifiably concerned about. There is no doubt that our jail and jails across the country are experiencing significant challenges ranging from historic staffing vacancies to overcrowding – all while facing a global pandemic. Under Director Clark, officers’ compensation is up and the inmate population is down. That is in part because of the comprehensive steps he and his team have taken to improve conditions, steps that have been taken in collaboration and consultation with Metro Council. That partnership has been appreciated. Tonight’s vote was an unnecessary distraction from the important efforts Director Clark and his leadership team have made to improve the conditions at Metro Corrections in this unprecedented time of challenges. We welcome constructive engagement with the Council to develop solutions that improve the health and safety conditions for our inmate population and our Metro Corrections employees."

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