Judge: Lexington councilwoman must work from home and attend meetings virtually

A Fayette Circuit Court judge Tuesday ordered a Lexington-Fayette Urban County council member to work from home and attend meetings virtually just hours before the council was set to resume meetings after a five-week summer break.

Fayette Circuit Judge Traci Brislin said Councilwoman Brenda Monarrez should work from home to avoid Councilwoman Denise Gray. They both have offices on the same floor in city hall.

Monarrez will attend all council meetings and council committee meetings virtually so the two can remain apart, Brislin also ordered during Tuesday’s hearing in Fayette Circuit Court.

A full hearing to determine if the protection order will continue was set for 1 p.m. Oct. 16. At that time, evidence will be given by both sides.

Gray and Monarrez did not attend the Tuesday hearing.

Gray filed an interpersonal protection order against Monarrez on Aug. 8 . The temporary emergency protection order was granted with the stipulation that the two have no contact.

Gray alleges in her complaint that Monarrez was sexually aggressive towards her on two occasions over three years.

In October 2021, Gray alleges Monarrez took advantage of her while she was intoxicated. She woke up to Monarrez performing a sexual act on her. On Aug. 1, Gray alleges Monarrez tried to kiss her and grab her while the two were in a car.

No criminal charges have been filed.

Edward Cooley, a lawyer representing Monarrez, said his client looks forward to being able to tell her side of the story at the October hearing.

Raven Turner, a lawyer for Gray, told said Gray still fears Monarrez.

“She has indicated to me that there are other individuals that had similar issues, and she’s very afraid that the behavior will continue,” Turner said.

Susan Straub, a spokeswoman for the city, said Monarrez will not attend Tuesday’s council meetings because the city had to give 24-hour notice Monarrez would attend virtually due to the state’s open meetings laws. However, Monarrez will be able to attend future committee and council meetings virtually, Straub said.

Gray and Monarrez, both unmarried, are first-term council members.

Gray has no opposition in the November general election. Monarrez faces Emma Curtis in the Nov. 5 general election .

Monarrez represents the 4th Council District, which includes neighborhoods south of New Circle Road between Tates Creek and Nicholasville Road. Gray represents the 6th Council District, which includes neighborhoods in the Winchester Road corridor.

Council races are nonpartisan.

Brislin was forced to step into a messy legal issue the council’s current rules and state law doesn’t address —what happens when an elected official is accused of harassment.

However, Brislin said during Tuesday’s hearing the issue was similar to when two students attend the same school and have to attend the same classes. There are ways to keep people apart and safe but still allow for them to continue working or attending schools, she said.

The city’s charter and ethics act does not address harassment by a council member. Council members can only be removed if they commit official misconduct — such as using their elected position to get a family member a city contract or using city vehicles for personal errands.

The council’s first meeting since its summer break is the 1 p.m. Environmental Quality and Public Works Committee meeting.