Criminal probe underway for possible misuse of public money by NKY mayor

WALTON, Ky. (WKRC) - The Kentucky Attorney General's Office is conducting a criminal probe into possible wrongdoings by Walton Mayor Gabe Brown, who is in the middle of his second full term.

This comes from a law enforcement source who asked not to be identified.

Local 12 called and texted Brown on Wednesday and visited Walton City Hall on Wednesday, but he wasn't there. He previously told Local 12 these investigations were "purely political" and that councilmembers were harassing him.

"That's the way I perceive it,” said Brown in a previous phone interview. "So, the heck with it. I know you all want to fight. You want to play games? Let's go."

In the meantime, Walton's City Councilmembers recently hired their own lawyer as they continue their own investigation into Brown's actions. Councilmembers previously raised questions about Brown's personal use of the city credit card.

They voted unanimously in March to censure him for not reimbursing the city after getting paid to use the city snowplow to clear the driveway of a business outside of Walton in Independence.

Lawyer Bryce Rhoades said the council plans to go into executive session on Thursday to discuss that internal investigation. He also said councilmembers told him of the separate criminal investigation.

"City council appreciates the public's concern. The council is doing their due diligence,” Rhoades told Local 12. “And they will inform the public at the appropriate time which I suspect will be soon."

Rhoades wouldn't confirm if any new possible violations have been uncovered or if the council is considering trying to remove Brown from office.

Brown announced his resignation in a fiery speech the night members reprimanded him over the snow plow incident. But he later rescinded his resignation just before it became official and told the council in a letter that he intended to appeal any attempts to remove him.

The Kentucky Attorney General's Office declined confirming or denying the criminal investigation.

As a city of nearly 6,000 people and growing, Walton has a strong mayor form of government with no city manager and little oversight over the executive branch. In fact, Walton's City Council just recently passed a new ordinance requiring council approval of purchases using the city credit card, something Brown vetoed with the council overriding that action.

A previous state audit dating back to 2013 had shown that Walton needed better controls over city credit cards. And as Local 12 previously reported, if Brown had resigned in April, he would have owed about $1,000 back because he’d been given a four-month salary advance in January.

If Walton's City Council decides it wants to try to remove Brown, it's done through a process called "removal from office." It's similar, but not the same as impeachment, which is only reserved for the state legislature.

The six-member council could start the process with a simple majority vote, which would set up a public hearing at which Brown could defend himself. It would take a unanimous vote by councilmembers to remove him, and Brown could appeal that decision to area courts and then to the state appeals court.

If the courts uphold the removal, Brown wouldn't be eligible to run for mayor again until the next regular election, which isn't until 2026. The council could vote to begin that process as soon as its next caucus meeting, which is set for Tuesday, May 7.