Brian Garner, a former Union City Commissioner who was passed over for an appointment on the city legislature after the Boone County Circuit Court voided the November general election, has appealed the court’s judgment to dissolve the commission.
Garner filed the paperwork with the court on Monday.
“I filed a Notice of Appeal in my election contest to ensure the will of Union’s voters is respected,” Garner wrote in an email to LINK nky. “Kentucky’s election statutes required me to make this decision within just 10 days instead of the usual 30. While I did not want to pursue an appeal, my constituents made it clear that they expect me to continue standing up for myself and, more importantly, for them.”
Boone County Circuit Judge Richard Brueggemann voided the election and the seats of three former members of the commission – John Mefford, Eric Dulaney and Garner – on Jan. 31. The legal proceedings followed from reports of wrongful ballot distributions at two Union precincts in November. Doug Bine, who lost his bid for reelection, according to the election results before the court case, later challenged the election in court.
Bine was initially the one who advocated for a new election, but Brueggeman argued that Kentucky law did not grant the court the power to call a new election, instead opting to grant Union’s Mayor, Larry Solomon (who was not up for reelection in 2024), the right to begin appointing replacements.
Solomon appointed Mefford for his first appointment, who, in turn, nominated Bine, who then nominated George Eldridge, who did not run for election at all in November. Dulaney, who got the second most votes, according to the election results before the court case, and Garner were both passed over for appointments, much to the surprise of many local residents.
The city is currently accepting applications for the fifth and final commission seat.
Garner was the lone Democrat on the commission, and the Boone County Democrats have characterized the appointments as a “power grab” and a “Direct Attack on Voter Rights (sic).” Some local Republicans, even if they weren’t as outspoken in their criticism, expressed concern the appointments circumvented the will of the voters.
“This appeal would not be necessary if the Mayor Larry King Solomon had prioritized the will of the people over his personal agenda,” Garner goes on to say in his email. “The unique circumstances of this case demonstrate that this is, for now, the only place in America where Republicans and Democrats agree: The need to ensure that the voices of the people are heard and that the democratic process remains intact.”
Bine’s attorney, Steve Megerle, responded to the news of the appeal by saying, “Mr. Garner has a right to appeal and to create more chaos. It’s not surprising because his tenure as a commissioner was marked with conflict, chaos and disruption of city affairs. We intend to respond quickly and promptly.”
The Union City Commission expects to announce the final appointment to the commission at the commission meeting on Feb. 19.