By Andy Foltz
NKyTribune correspondent
Friendship City was anything but that on Tuesday night, as residents packed the Erlanger city council chambers and spoke at length in support of City Attorney Frank Wichmann. Wichmann, who has been the city’s legal counsel since 1966, had his contract terminated by Mayor Tyson Hermes last month.
The monthly city council meeting lasted nearly three and half hours, and the subject that dominated discussion was the termination. In addition to the numerous council members who spoke out on behalf of Wichmann, 25 members of the public also spoke to a standing-room capacity audience. While the majority were residents of Erlanger, others were current and former colleagues of Wichmann’s.
To a person, they spoke of Wichmann as a knowledgeable, experienced, and kind person, but it was the City Attorney himself who gave the most moving testimony on his own behalf.
“When you told me about this, it was the worst day of my life since my wife Helen passed away eight years ago,” he told the mayor. “You hurt me deeply. You took away a relationship it took me almost 50 years to develop.”
Thanking the crowd, he said, “Your tremendous support makes this the best day of my life since Helen passed.”
When he was done speaking, the crowd gave him a standing ovation that lasted for over a minute.
Hermes said after the meeting that the move was not one he had anticipated making upon taking office in January. When asked for a specific reason as to why he decided to terminate the contract, Hermes said he informed city council of his reasons and that an open records request should be filed. According to Kentucky law, a mayor is under no obligation to provide a reason for dismissing a city attorney because the office is not specifically included in the pertinent statute.
“We are in the process of restructuring, but I would like to keep as much of the administrative staff as possible,” Hermes added when asked if more changes would be made.
The meeting began with council member Randy Blankenship requesting the first reading of three ordinances concerning the city attorney position in the city, one of which would establish a part-time position of city council attorney. The others established ground rules for the hiring of a new city attorney, including one that had a minimum of four years of experience as a municipal attorney, and the last would restrict city funds from being used to pay for any attorney aside from the city attorney, and city council attorney if passed.
“I think that will cost tax payers a lot of money,” Hermes said of those proposals after the meeting.
Todd McMurtry, currently the city attorney for Fort Wright and Park Hills, sat next the mayor throughout the meeting and informed the assembly that he had been retained to assist the mayor on a temporary basis. He is being paid by the city for his services, he confirmed, adding that it is within the mayor’s rights to do so.
In addition to the speeches of the public, some of which were emotionally charged, city council members were passionate on both sides of the issue as well.
Council member Bill Howard spoke in support of the mayor, saying to his fellow council members, “We have a right to question his decisions, but we do not have a right to condemn them.” He referred to the ordinances as being drafted in “fear and anger.”
“Having two attorneys makes no sense,” he said. “Frank, you have served our city faithfully and we will be forever in your debt. The mayor has chosen another direction, which by law is his decision.”
“Bill, I still love you honey, but you’re wrong,” Patty Suedkamp, a fellow council member, responded. She remained vocally opposed to removing Wichmann throughout the meeting. Wichmann’s contract runs through June 30.
“I feel these ordinances are a matter of integrity,” said Vicki Kyle, a member of city council.
Former City Administrator Bill Scheyer was one of the Wichmann supporters. Scheyer, president of Vision 2015 and an Erlanger resident, said: “It is clearly not in the best interests of the city residents and businesses to let go of Frank.”
“In my 10 years on city council, I don’t remember more people being at a council meeting,” said former council member Jim Gronefeld. “I think you need to remember who you were elected by, mayor.”
Several members of city council stated the mayor was not willing to meet with them, something he flatly denied. “I’ll be happy to meet with any number of them that is less than a quorum,” he said, adding that to meet with them privately as a whole would be against the Open Meeting Act.
After the first reading of the proposed ordinances, Blankenship requested a special session of city council be held on Saturday, March 7, for a second reading and a vote.
“I am still willing to serve this city,” Wichmann said. “I love it. I was born here, I will die here. I will serve in whatever capacity city council wants me.”