The document asks for a declaration of rights from the judge along with an answer to the EPB's initial suit against the city of Russellville.
Council member Russell Jones has asked for his name to be taken off the counterclaim, stating he was not asked and knew nothing about it. He says he doesn't agree with it and wants no part of it.
Councilwoman Pat Bell-- who has historically voted against actions concerning the removal of EPB members-- was out of town and could not be reached for comment.
The counterclaim names EPB member Judge William Fuqua, claiming he cannot serve as a trial commissioner and hold a seat on a board at the same time.
The claim states that Fuqua, by accepting an incompatible office (trial commissioner), has vacated his position as a member of the EPB and therefore should not be listed on the suit against the city.
The law surrounding the issue is vague. According to Constitutional and Statutory Incompatibility-- Kentucky Constitution section 165, "No person may be an officer or employee of a city and at the same time be a state officer, deputy state officer or member of the General Assembly."
However, under sub-section six, Independent and Joint Boards, Commissions and Authorities states, "Cities and counties are authorized by statute to create numerous types of boards, commissions, agencies, and authorities.
"For purpose of the application of the incompatible offices prohibition, membership on the governing body of these independent and joint entities is not considered to be holding a county or city office. These entities are viewed as 'hybrids' that were not contemplated by section 165 of the Kentucky Constitution and thus they fall outside the prohibition."
Another issue named in the document asks that EPB members stop receiving insurance benefits. The claim asserts that the board members, according to Kentucky Revised Statues, are entitled to no more that $2,400 annual salary.
Broderick-- who is serving as attorney for the city under votes by council members Howard Wren, Jean Hankins, Ken Barrett, and Marie Sweatt-- contends that with insurance benefits, the EPB members are receiving more than the $2,400 annually and may not receive any compensation or benefits in addition to their actual salary.
The claim also asks that the complaint filed against the city by EPB members be dismissed and any relief to which the defendants might be entitled to.