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Could the AG decide the fate of Metro Council's Vitalis Lanshima?

Metro Council to vote on seeking attorney general's help in determining eligibility for District 21 council member.

LOUISVILLE, Ky. (WHAS11) -- Metro Council is expected to vote Thursday night whether to seek help from the state Attorney General's office in determining whether Councilman Vitalis Lanshima will be allowed to remain on the council, according to Metro Council leadership, after questions were raised about the District 21 councilman's eligibility.

According to Metro Council President David James, D.-District 6, the county attorney's office returned an opinion request filed by council leadership about Lanshima's eligibility after the councilman registered to vote in his home country of Nigeria in July while on vacation there. Lanshima had told the council and reporters he is seeking national office in Nigeria and will move there to campaign after his term ends in January.

The Government Oversight, Audit and Ethics committee met back on Oct. 2 and Oct. 3 to discuss an order to open an investigation into Lanshima for possibly violating state law that prohibits a councilmember from holding public office in Kentucky while also being registered to vote elsewhere. The state constitution requires a councilmember be a registered Kentucky voter, and the law mandates that a registered Kentucky voter cannot be registered to vote somewhere else, according to James. The order was ultimately tabled.

James said the county attorney's office did not believe Lanshima could hold his District 21 seat because of the conflict with the state constitution and said one of the courses of action could be for the councilman to resign. According to James, leadership reached out to Lanshima and asked for his resignation but he refused.

The council will vote Thursday whether to contact the Attorney General's office, which will review the case and the county attorney's opinion.

"Hopefully the Attorney General will decide whether he concurs with the county attorney's opinion or he doesn't concur with the county attorney's opinion," James said. "And if he does concur, he will move forward with whatever legal proceedings are needed to do what must be done."

James said until any action is taken, Lanshima is able to continue serving in his role on the council, and that any previous votes or actions taken by the councilman are still legal.

"The county attorney advised that Councilman Lanshima is a de facto officer, meaning that even with these situations, he still can sit on the council, still cast votes," James said. "They're still legal votes until he is removed."

Councilwoman Cindi Fowler, D.-District 14, first raised the question about Councilman Lanshima's whereabouts after she said she noticed the councilman missing many regular council and committee meetings. In an interview on Oct. 3 after the committee meeting, she said she did not know about the eligibility issues until after she posed the question about his absences.

"This whole thing started because there was concern about Councilman Lanshima being gone, but really at this point right now, the leadership of the council has a responsibility to follow state law and the constitution," James said.

►Contact reporter Dennis Ting at dting@whas11.com. Follow him on Twitter (@DennisJTing) and Facebook.

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