LOUISVILLE, Ky. (WDRB) -- A vote at Shively City Hall did not go in one council member's favor -- and what happened next landed him behind bars. 

Monday night, Shively City Council members debated what to do with the city's $1 million tax surplus.  

"The tax rate for the city of Shively is out of hand and needs to be lowered," said Councilman Ronnie Wathen. 

Wathen voiced strong opposition to the plan that would give a $100 stimulus check to all property owners.

"Whoever heard of such a thing -- a city giving money back to the citizens?" Wathen asked. "This is unbelievable. Unbelievable."

The Mayor split the vote, Ordinance 6 was passed -- and Wathen lashed out. 

"You're not even up for re-election," Wathen said.

"Ronnie, your comments are uncalled for, totally inappropriate," retorted the mayor.

Wathen voiced even more concern moments after the meeting. 

"Something is not right," Wathen said. "Something is not right in the city of Shively."

But no one expected what happen next. 

"There were two sergeants who witnessed Mr. Wathen remove the tacks from the bulletin board there in the lobby of City Hall and place them in his pocket and walk outside," said Sgt. Josh Meyers of the Shively Police Department. "They weren't really sure what he was doing until they witnessed the tacks being thrown underneath the tires of another council member."

Minutes later, officers confronted Wathen at home. According to a police report Wathen smelled of alcohol.

"Regardless of what your occupation is or what title you have behind your name, the law is the law and it applies fairly across the board to everyone," said Meyers.

Wathen was arrested and charged with DUI and criminal mischief. Court records say he failed multiple sobriety. 

"I'm baffled," said Councilman Chester Burrell. "I don't understand."

"I thought that me and him was okay," he added. "I had never had a falling out."

Burrell said he tried to talk down the officers who said Wathen dropped the tacks behind his tires. 

"Maybe they dropped out of his bag while he was walking to his car, near my car," Burrell said. "I was trying to give him the benefit of the doubt."

It didn't make sense to Burrell because he was on the same side as Wathen during the stimulus checks debate.

"It's cause for concern," said Finn Cato, Shively City Attorney. "What I can say is that Councilman Wathen has been a respected member of the City Council of Shively."

Wathen could resign. The council could also vote him out for misconduct -- but leaders are unclear about their next steps. 

"He can continue on and serve as a council member, waiting the outcome of these charges," Cato said.

Wathen has been on the Shively City Council since 1999. He's also the city's former fire chief. 

Wathen is out of jail, but when we tried to talk to him at home, no one answered the door. Nonetheless, he has an unlikely ally.

Burrell said. "I don't want to see him lose his seat. I don't want to see nobody lose their job."

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