ELSMERE, Ky. — The City of Elsmere revealed during a special meeting Tuesday the charges chronically absent councilwoman Serena Owen will face during a removal hearing on May 27.
According to WCPO news partner LINK nky, attorney Jeff Otis of Covington-based law firm Otis, Braun & Johnson, who will conduct Owen’s removal hearing, read Resolution 6-2025 before the council.
The document charges Owen with six counts of woeful neglect of council duties and misconduct due to her lack of attendance at city meetings and participation in legislative functions throughout 2025.
For more background on Owen's situation, click here.
One charge stems from an incident on April 10, where Owen allegedly directed city staff to delete pictures of her attending a public city event in April, per the charging document — two days after a city council meeting she failed to attend. The document stated this was "... a blatant attempt to disguise (Owen's) ability to attend city meetings."
Another misconduct charge centers on Owen's refusal to accept pay for her role on city council. She has long considered her council terms to be volunteer work, according to past statements Owen shared with us, but the charging document finds that to be "dishonest, if not fraudulent."
WATCH: What's next for Serena Owen ahead of her removal hearing this May
You can read more about all six charges and other updates coming out of Tuesday's meeting here. The public removal hearing for Owen is slated for May 27 at 6:30 p.m. inside the Elsmere City Building.
We reached out to Owen for this story. As of this publication, she has not returned our message or any of our requests over the last several months.
"She goes from one extreme — the reason why she (doesn't) come in to the meetings — to the other extreme," said Rusty Smith, Elsmere resident and husband of councilwoman Joanne Barnett Smith. "It's cost a lot of money, a lot of headaches for council, for the city, the mayor, the city attorney, just (to) get back to where they were: one big family again."
While Rusty Smith is not part of the council, he has since found himself at the center of the Owen controversy. After making an open records request to the city, we have learned that Owen attempted to press charges against Smith — marking the second resident she has filed a criminal complaint against this year.
"I was totally upset (that) number one, she had lied on several statements that she made," Smith said.
According to a narrative attached to the complaint, Owen told police she was being harassed online by Smith, who denies the claim. According to Owen, she perceived comments Smith left on her Facebook posts as threatening.
"In no way, shape or form did I threaten her," Smith said.
In one Facebook post of Owen's that mentioned Smith, attached to the complaint, he commented, "Serena, stop your lying about what is going on and face facts. Leave my name out of it, or you will pay the cost. You need to resign and save the community $10,000 if you love Elsmere that much."
Owen also claimed to feel threatened by statements Smith made to her in person, according to the complaint. Smith said he has never threatened to physically harm her in person or online.
"I've got bone cancer, and there's no way I could fight if I had to duel somebody with my bone cancer," he said. "That's why I'm doing this (interview): to put a stop to her once and for all. Do not use my name in anything that you write or say."
In an April 24 letter, Kenton County's assistant county attorney declined to press charges, writing, "There is no crime articulated in Ms. Owen's narrative."
"Further, even if Mr. Smith's statements were not statements protected by the 1st Amendment, there is no threat of death or serious physical injury communicated by Mr. Smith, express or implied," assistant county attorney Drew Harris wrote.
Smith ran for an Elsmere City Council seat in November 2024, alongside his wife. He came up approximately 81 votes short from being elected, meaning if Owen is removed from office in May, he could potentially fill her seat. When asked about it, Smith said he doesn't care if its him or someone else to fill her seat, he just wants her replaced.
"I want the community to know exactly what's going on," said Smith. "I believe with this public hearing and with people speaking out, they will start realizing where the problem lies."
