How much could be spent on Louisville Mayor Craig Greenberg's ethics complaint defense?

Josh Wood and Eleanor McCrary, Louisville Courier Journal
·4 min read
Louisville Mayor Craig Greenberg speaks about preventing gun violence during the 'Night of Remembrance' for the 2023 victims of gun violence in Louisville on Jan. 5, 2024. The event was held at Bates Memorial Baptist Church.
Louisville Mayor Craig Greenberg speaks about preventing gun violence during the 'Night of Remembrance' for the 2023 victims of gun violence in Louisville on Jan. 5, 2024. The event was held at Bates Memorial Baptist Church.

Outside counsel hired to defend Louisville Mayor Craig Greenberg against an ethics complaint signed a contract to receive up to $25,000 in city funds for their services — but the actual cost passed on to taxpayers could be much higher.

Under a Metro ordinance, city officers accused of an ethics violation can request the Jefferson County Attorney’s Office to hire independent counsel to represent them at a cost of up to $25,000.

However, in a statement to The Courier Journal, Jefferson County Attorney’s Office spokesman Josh Abner said the office does not limit the amount it spends on legal representation, despite the ordinance.

“Our ethical obligation under the law requires that we provide a full defense and not arbitrarily end that representation in the middle of a proceeding, as could happen in adhering to a spending cap,” Abner said.

The complaint against Greenberg, filed in October by former Jefferson County Republican Party executive director Malcomb Haming, was based on Courier Journal reporting on the role of Greenberg’s wife in his administration and the hiring of Metro Hall interns with close ties to the mayor through a program aimed at disadvantaged youth.

According to a contract obtained by The Courier Journal under Kentucky’s open records law, the Louisville law firm Tachau Meek PLC was hired by the Jefferson County Attorney’s office to represent Greenberg starting on Oct. 27, a little over one week after the complaint was filed.

The contract capped fees at $25,000 and said services would extend through June 30 of this year.

However, in the recent ethics investigation of Republican Metro Council member Anthony Piagentini, fees went far beyond $25,000.

According to a news report, Piagentini’s attorney billed the city for $111,500 between April and November of last year. Piagentini told The Courier Journal he believes that figure is accurate.

Louisville Metro Council District 19 Representative Anthony Piagentini listens as the charging documents are read into the record during the Metro Council meeting in the Louisville Metro Council chambers, Thursday, Nov., 30 2023 in Louisville Ky.
Louisville Metro Council District 19 Representative Anthony Piagentini listens as the charging documents are read into the record during the Metro Council meeting in the Louisville Metro Council chambers, Thursday, Nov., 30 2023 in Louisville Ky.

Those making accusations of ethics violations are entitled to up to $10,000 in legal fees, according to the city ordinance. However, an attorney for the nonprofit leader who launched the ethics complaint against Piagentini billed the Jefferson County Attorney’s Office for $40,800 according to the Louisville Public Media report.

Government funds cover a defendant’s payments only up until the Ethics Commission announces its ruling.

Following a ruling, Metro Council can choose to proceed with a removal hearing. The defendant also has the option to file an appeal to Jefferson Circuit Court. Both have occurred in the Piagentini case, and he is now paying for his own legal counsel, he said.

Who was hired to defend Greenberg?

To defend Greenberg, the Jefferson County Attorney’s Office hired Tachau Meek, a Louisville-based law firm in operation since 2007.

The mayor's office said the administration selected an attorney at the firm, Amy Cubbage, to represent the mayor. Likewise, Piagentini told The Courier Journal he was able to select his own counsel for his ethics trial.

In a written statement, mayoral spokesman Kevin Trager said: "The ordinance affording legal counsel to Metro Officers in Ethics Commission cases expressly contemplates representation by an outside law firm. We are aware of no precedent for the county attorney's office to provide such representation."

One of Tachau Meek’s attorneys, David Tachau, donated a total of $20,000 to a political action committee solely devoted to getting Greenberg elected according to Kentucky Registry of Election Finance records. The records show Tachau donated an additional $2,000 directly to Greenberg’s campaign.

Before joining Tachau Meek, Cubbage was Kentucky Gov. Andy Beshear’s general counsel. She also previously served as the president of the Kentucky Bar Association.

In a statement responding to questions from The Courier Journal, including one about the hiring of a major donor's firm, Trager said Cubbage "was engaged in this matter because she is an experienced and ethical litigator with impeccable credentials."

The statement did not respond to a question about how much the firm had billed so far or how much the mayor's office anticipated the legal fees would cost.

The Ethics Commission is still weighing Greenberg's motion to dismiss, filed by Cubbage in December.

In the motion, Cubbage said the complaint was “without merit” and based on news stories that “do not accurately state the facts.”

Rather, Cubbage wrote, Haming lacked firsthand knowledge of events and filed the complaint to “settle an old score” against his former baseball coach, who she said now heads KentuckianaWorks, which oversees the SummerWorks intern program.

Reach reporter Josh Wood at jwood@courier-journal.com or on Twitter at @JWoodJourno. Reach reporter Eleanor McCrary at emccrary@courier-journal.com or on Twitter at @ellie_mccrary.

This article originally appeared on Louisville Courier Journal: Louisville Mayor Craig Greenberg ethics complaint legal defense cost