Louisville Metro Council members approve 'no confidence' resolution in jail director

LOUISVILLE, Ky. — Louisville Metro Council members voted Thursday to approve a "no confidence" resolution in Metro Corrections Director Dwayne Clark, following the deaths of six people since November who were in jail custody and ongoing staffing concerns.

The resolution calls on Mayor Greg Fischer to replace Clark and his executive staff, saying in part that Clark has "repeatedly failed to aggressively address contraband being smuggled into Metro Corrections."

“Director Clark and his executive staff have allowed the moral of the officers under their watch to deteriorate to dangerous levels through unprofessional leadership practices," said the resolution, which is symbolic as council members cannot fire Clark.

The legislative body voted 18-6 to approve the resolution, with the "no" votes coming from Democrats.

Metro Councilman Robin Engel, R-22nd District, had an excused absence Thursday. Metro Councilwoman Jessica Green, D-1st, did not receive a vote as members honored her as she officially left to become a Jefferson Circuit Court judge.

Metro Council President David James, D-6th, Metro Councilwoman Amy Holton Stewart, D-25th, and Metro Councilwoman Mark Fox, D-13th, introduced the resolution in early February, with Metro Councilman Anthony Piagentini, R-19th, later signing on as a sponsor as well.

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A separate resolution heard Thursday sponsored by Piagentini and Metro Councilman Jecorey Arthur, D-4th, calls for the Government Oversight and Audit Committee to investigate the recent deaths and policies at the jail, noting issues that council members identified in previous years.

“We probably should have done this sooner...but better late than never," Piagentini said, taking aim at the Fischer administration and noting the similarity to the probe into Transit Authority of River City and ex-leader Ferdinand Risco's sexual misconduct.

For the "no confidence" resolution, Metro Councilman Bill Hollander, D-9th, said he voted against it partly because other communities have worse jail staffing issues than Louisville, noting Lexington-Fayette County and the Kentucky state prison system as examples.

And passing a "no confidence" resolution after also approving a new investigation into the jail is the "epitome" of "shoot first and ask questions later," Hollander said.

Metro Councilman Rick Blackwell, D-12th, and several others echoed Hollander's points in explaining their "no" votes.

Arthur, while sponsoring the investigation-related resolution, opposed the "no confidence" resolution, calling it "so performative" and questioning if other council members had even visited the jail to see things for themselves.

Arthur said he visited the jail Thursday to observe things and and walked away more optimistic after hearing from Clark and other staff about recent efforts to improve conditions.

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Metro Councilwoman Nicole George, D-21st, said she could not support the "no confidence" resolution unless it implicated all council members, Fischer and the community for not doing enough. Metro Councilman Pat Mulvihill, D-10th, expressed similar sentiment in voting against the resolution.

Joining those five Democrats in voting against the "no confidence" resolution was Metro Councilwoman Madonna Flood, D-24th.

Stewart and other members said although Clark is a respectable man who inherited a "mess," the buck stops with him when it comes to the deteriorating conditions in the jail.

"This is a chance to give these officers a better work environment, not being forced to work double shifts," Stewart said.

James also said he learned the training unit for Metro Corrections did not even have a curriculum for recruits, which he called "ludicrous."

Still, Piagentini said Fischer ultimately deserves blame, with multiple "no confidence" votes taking place over the years on city leaders and the mayor himself.

In a statement following Thursday night's vote, Fischer said 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 deaths since November "is an aberration at the jail that I, along with Director Clark, his tem and the Metro Council are all justifiably concerned about," Fischer said.

"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," Fischer continued. "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," Fischer also said. "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."

A Metro Corrections spokesman did not immediately return a request for comment.

Review of recent Louisville jail deaths

Fischer announced Monday that Gary Raney, an expert in jail deaths and retired sheriff of Boise, Idaho, will conduct a review of the three recent suicides in Metro Corrections as well as the department's "policies, procedures, practices, training and equipment."

The mayor also said Amy Hess and Ron Heady, two ex-city officials with law enforcement experience, will come out of retirement to serve as "Public Services Assistant Chiefs" who focus on "inmate medical care," reducing the number of individuals held inside the jail, "accountability and discipline" and recruitment and staffing, among other priorities.

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Ahead of Thursday's meeting, Chief of Public Services Matt Golden, who oversees Metro Corrections and several other agencies, sought to persuade council members to conduct an investigation of the jail and Clark's leadership before holding a no confidence vote.

"Otherwise, it's finding someone guilty before you even hear the evidence and discern the truth," Golden wrote in a Thursday letter to council members.

Golden said "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 (Metro Corrections)...when jails and prisons across Kentucky are 30% to 50% staffed," Golden wrote. "We continue those efforts and are expanding our team to fast track change and help improve Corrections."

Previous vote of no confidence for jail director

Clark, whom the mayor appointed to the Metro Corrections director role in 2019 following Mark Bolton’s retirement, already faced a “no confidence” vote in September from members of the union representing jail officers.

Three people who were in Metro Corrections custody — Kenneth Hall, 59; Rickitta Smith, 34; and Stephanie Dunbar, 48 — died within five days in late November and early December.

Clark said in December the FBI would look into one of the deaths, without specifying which one, and told council members heart disease, drug use and suicide were behind the deaths of Hall, Smith and Dunbar, respectively

That initial string of deaths prompted the ACLU of Kentucky and a coalition of local groups to call on city leaders to immediately fix a "crisis" of "inhumane" and "untenable" conditions at the jail.

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But more people died as the calendar turned to 2022.

Garry Wetherill, 41, died at the hospital after a reported suicide attempt in the jail on Jan. 2, and Keith Smith, 66, died Jan. 9 after he was found unresponsive in his cell.

Lesley Starnes, 36, died Feb. 6 at University of Louisville Hospital after officials said he attempted suicide in his cell.

Internal investigations into each death are pending. Fischer previously noted the jail sees three total deaths on average per year.

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treated for suspected overdoses in September.

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Between July 1, 2021, and Dec. 31, 2021, Metro Corrections lost 71 officers, 43 of whom resigned, and hired 49, according to a survey provided to council members. Stewart noted in early February that Metro Corrections had over 150 vacancies.

"After speaking with numerous officers, morale is low among corrections employees, and they have little to no faith in the leadership that has been put before them," Stewart said in early February. "Staffing has been a major issue for many months, with officers forced to work mandatory double shifts, affecting their health and their personal lives."

Stewart also complained Clark had shown "no urgency" in implementing her proposal for two new drug-sniffing canine units at the jail made possible by a $75,000 appropriation from Metro Council members.

James said in early February that Clark tried to get ahead of the “no confidence” resolution by starting to send a memo to Metro Council members every other week.

In his most recent memo on Feb. 11, Clark told council members he was working with Fischer's office, the state and court to review low-level bonds, bench warrants and state-convicted inmates in Louisville's jail in hopes of alleviating overcrowding.

He also highlighted a class of nine new recruits, $8,000 hiring incentives and referral bonuses as part of efforts to improve staffing; ongoing talks with the jail's medical provider, Wellpath, to focus on the health of those locked up; and the review of the recent suicides, noting suicide is the "leading cause of death of death in American jails."

"While you may or may not have confidence in me," Clark told the council members in the Feb. 11 memo, "I have confidence that by working together, we can improve and protect the lives of the inmates in my custody."

Reach Billy Kobin at bkobin@courierjournal.com.

This article originally appeared on Louisville Courier Journal: Louisville Metro Council votes no confidence in jail director Clark