Beshear blocks two Fletcher appointments

Updated at 10:02 p.m.

FRANKFORT -- Gov. Steve Beshear’s administration is blocking two of Republican Gov. Ernie Fletcher’s final appointments before leaving office in December: top aide Stan Cave to the Mine Safety Review Commission and former Education Secretary Virginia Fox to the Council on Postsecondary Education.

Beshear’s general counsel has said Cave’s appointment wasn’t properly confirmed by the General Assembly.

Like Cave’s, Fox’s appointment was not confirmed by the state House, Dick Brown, Beshear’s director of communications, said Monday night.

He said Fox will be notified soon that her appointment is not valid.  Fox was not immediately available for comment.

Cave, a Lexington lawyer who was Fletcher’s chief of staff, has objected, saying that Kentucky’s constitution should override the statutory provision Beshear’s administration is citing. 

Cave has stepped aside from the commission “under protest” until the issue is resolved. Cave said in a statement that the issue “will ultimately have to be decided by the Kentucky Supreme Court,” but he has not yet decided what action, if any, to take.

Fletcher appointed Cave to the commission in the final hours of his administration on Dec. 10 for a term on the commission that would expire May 23, 2010. The Republican-led Senate unanimously approved the appointment at 12:46 a.m. on April 16, according to the vote roll call sheet.

But Ellen Hesen, general counsel for Democratic Gov. Steve Beshear, contends in an April 18 letter to Cave that the Democratic-controlled House did not act on the appointment, as required by a state statute — KRS 11.160(2)(i).

As a result, she said, his seat on the commission has become vacant.

Cave did not return phone calls Monday to his Lexington office and home.

Beshear aide Brown said the governor’s office of general counsel “is confident in its review of the law."

Cave said in a statement to the commission at its meeting last Friday that his appointment was confirmed by the Senate in conformity with section 93 of the state Constitution.

It says: “Inferior state officers and members of boards and commissions, not specifically provided for in this Constitution, may be appointed or elected, in such manner as may be prescribed by law, which may include a requirement of consent by the Senate, for a term not exceeding four years, and until their successors are appointed or elected and qualified.”

Cave said the attempt to remove him violates the state Constitution and “is contrary to well-known precedent of the Kentucky Supreme Court.”

He said he has given his opinion to Hesen and C. Michael Haines, an attorney in the Natural Resources and Environmental Protection Cabinet, which oversees the mine safety panel.

“I have a deep love of the institution of government as well as a respect for the office of the governor, regardless of party affiliation,” Cave said in his statement. “It is out of that respect I will step aside from the Mine Safety Review Commission until this issue is resolved.”

Republican Party Chairman Steve Robertson also argued that the Beshear administration ignored the constitutional guidelines.

“The Kentucky constitution places the authority for confirming appointments with the Senate. The senate did its job,” Robertson said. “It certainly seems improper. To me, it looks illegal.”

Republicans and Democrats on the Senate State and Local Government Committee praised Cave during his confirmation hearing earlier this year after he told them that much of his law practice has dealt with commercial litigation and transactions in the coal industry.

Fletcher also re-appointed William D. Donan, a Democrat from Hanson, to the commission on his way out the door.

Donan’s appointment, which was unanimously confirmed by the Senate early Wednesday morning, had been approved by the House in a separate resolution on March 18. Therefore, Beshear did not take issue with Donan’s appointment, Brown said.

However, Senate leaders argue that the House action is meaningless. “Constitutionally, the Senate is the only chamber with confirmation power,” said Lourdes Baez Schrader, spokeswoman for Senate President David Williams.

If challenged, both appointments might also be questionable under another provision of the constitution that requires lawmakers to finish their work on April 15. The Senate didn’t confirm Donan or Cave until the wee hours of April 16.

The three-member mine safety commission conducts hearings on willful and repeated violations of Kentucky’s mine safety laws. The job does not have an annual salary, but commission members are paid about $490 a day for their work.

- Jack Brammer

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Comments

[Beshear is a joke]

There is not a better qualified person for this commission than Stan Cave. This is just another case of petty partisan politics by Beshear and gang.

[nothing but the truth]

Beshear has proven that he is a classless jerk who lied during the fall campaign when he said he wanted bi-partisan cooperation and the best people working for Kentucky regardless of party affiliation. But, Cave is right, the constitution trumps statutes.

Looks like Beshear just bought his first lawsuit. He apparently didn't learn his lesson with his other illegal personnel moves.

Cave will clean Beshear's clock eventually. Franklin Circuit Court will rubber stamp the Democratic abuse of power, but the Supreme Court will overturn it. However, it will take years to get there.

Of course, the incompetence of the Beshear administraion is becoming legendary. Office pools will start to spring up around the Commonwealth gambling on how many screw ups Beshear will execute before his term is put out of its suffering.

Beshear has turned the clock back on Kentucky by at least 20 years. What a shame.

[GetALifeGOPhers]

"There is not a better qualified person for this commission than Stan Cave." This is just another case of petty partisan politics by the Fletcher gang, and a pretty funny statement.

You lost. You were thrown out of office after everyone saw how incompetent you were. Live with it. Quit sniveling and crying.

[Cletus McGuire]

Whether the House approved it or not is not the issue, as far as I'm concerned. It was done after midnight on the 16th, which will (after going through the courts) make it unconstitutional and invalid. So will all the other bills passed. So, Stan Cave can do one of two things...fight this and have all the legislation passed after midnight declared unconstitutional because of him wanting a post-Fletcher job, or resign and let the new Gov put his appointee in there and go on and not cause a lot of good legislation to be thrown out because it violated the constitution. Either way, he loses.

[LeAnne]

Cletus, let me get this straight. You want Stan Cave to give up his seat because it is unconstitutional due to the passage of the confirmation after midnight, but leave the rest of the unconstitutional laws passed after midnight alone because they are "good?" Sounds like you think it is okay to pick and choose which laws to obey. Well, we ARE talking about the Beshear administration, so I guess that makes sense.

[lobster]

Wow...Fox and Beshear sat next to each other at the big KET program for Al Smith's last Comment on Kentucky and guffawed with each other on camera, smiling, whispering, etc. What a way to govern! You've pulled us to the 90's in just 4 short months...just think how far we'll go back in your four year term...bet those who voted for Beshear (aka fell for his lies about not caring which party, good ideas, ethics, etc.) feel really duped. If you don't it's because you're riding the same retro timewarp as Beshear. Damn, it's going to be a long four years isn't it?

[Gus]

Actually he is doing far less radical things than the Fletcherite crew did over the past 4 years; he just wants his folks for a few appointments.

The Fletcher people would have shrieked like babies and wet themselves if the CPE did to them what they did to Beshear.

Fletcher would have had some little boy call them all up late at night and tell them they're no longer appointed and he would have reorganized them.

[JazzyJ]

“Inferior state officers and members of boards and commissions, not specifically provided for in this Constitution, may be appointed or elected, in such manner as may be prescribed by law, which may include a requirement of consent by the Senate, for a term not exceeding four years, and until their successors are appointed or elected and qualified.”

Notice it says MAY be appointed or elected. And then says as prescribed by the law, which is exactly what the Governor is saying. It also says MAY include a requirement but does not state that it must require it nor does it say may not require a House vote.

[Lowly State Employee]

I agree with Cletus. While you may not think Beshear is the brightest, you certainly can't say that about Ellen Hesen. She knows that she can win this.

I think there are several issues. First, it was confirmed by the Senate after midnight (12:46 am on April 16th), which in fact, makes it illegal. It is time once and for all for the legislators to learn that they are NOT above the law. I hope Cave does fight it and the Supreme Court rules every one of the actions after midnight as null and void.

Second, the Statute that authorizes the Commission states that it takes approval by both the House and the Senate. And even though Stan Cave is clinging to the Constitution, the language in the Constitution is vague and says that it may require approval by the Senate - whereas the Statute is more definitive and therefore is the law of record.

Thirdly, why in the heck did the Senate wait until it was too late to confirm Cave, if in fact, he is such a great guy? You have to wonder about that.

Bottom line is that the Senate dropped the ball. They had 60 working days and couldn't find time to get it done. I don't feel sorry for anyone.

[Bill Adkins]

Ernest's failures with these two is just more evidence that his administration was a thick mix of corruption and incompetence. The Republican Administration of Ernest is like the Exxon Valdez of politics.

[Bulletbob]

I don't think that justifying the Beshear administration's tactics by comparing them to Fletcher's is a particularly flattering modus. As far as I'm concerned they are identical ways of operating, from polar opposite ends of the same rotten spectrum.

[Philip]

From the day the good ole boys were defeated by Ernie Fletcher, they have done everything in their power to smear him, to besmearch him, and to assassinate his character, along with anyone associated with him, by innuendo, multiple false accusations, or gross exaggerations. Their hate-mongering continues unabated with Fletcher's defeat.

I would rather lose with men of character, like Stan Cave, than to win with hateful, small-minded individuals like Bill Adkins.

I long for the day when we all are Kentuckians first, and Dems or Reps second, when we truly seek the best person for the job, rather than exclude people of talent, like Stan Cave, because of their political party.

Of course, realistically, their will always be a few like Kelsey or Bill Adkins who poison the dialogue with their blind hatred of anyone with whom they disagree.

[drippingwithirony]

What happens to all the talk about it doesn't matter if it's a Democratic, Republican or Independent idea as long as it's a good idea.

Oh yea, I forgot that it was just campaign BS for the same old double standard, just like the Bluegrass Freedom Fund and old dudes trying to run state government like when "The A-Team" was popular.

I pity the fool that thinks the current crop of Beshear Good Old Boys is an immprovement. Anyone who does gets a first class ticket to the same looney bin Kelsey and Bill Adkins currently reside. Just look on the far left to find it.

[skyhawk]

Sort of like what you are doing there Philip? Sounds like the pot calling the kettle black!

[Philip]

Skyhawk, I am for attacking problems, not people. The two posters I cited are notorious for continually attacking people and attaching blame rather than solving problems. I stand by my comments.

[Bill Adkins]

You're not paying attention, phillip. Beshear has already resolved the issue. You simply don't want to hold Ernest accountable. But you're more than willing to attack Beshear while defending Ernest. That's why you are irrelevant.

[Reap what you sow]

"Of course, realistically, (there) will always be a few like Kelsey or Bill Adkins who poison the dialogue with their blind hatred of anyone with whom they disagree."

Philip, well said. It is almost humorous how they keep proving you right! Adkins doesn't realize that good ideas make you relevant. Blind hatred makes him irrelevant. He shows no respect for anyone, consequently people don't respect him or his opinion.

[former classmate]

Billy Boy Adkins...every time you post you show what a total idiot you are.

[Bill Adkins]

Wow -- the sow and the classmate have really come through, Phillip - why, look at all the good ideas they've suggested.

[Alert!]

Has anyone checked out Adkins link to his blog? What a collection of biased disinformation about his political hate list...basically anything conservative or Republican. At least now we can understand something of where this crazed hatemonger is coming from. He propogates lies, distortions, exaggerations, and dangerous liberal spin and tries to destroy good people with rumor and innuendo. Basically folks, ignore ANYTHING this lunatic says!

[Solution]

"So, Stan Cave can do one of two things...fight this and have all the legislation passed after midnight declared unconstitutional because of him wanting a post-Fletcher job, or resign and let the new Gov put his appointee in there and go on and not cause a lot of good legislation to be thrown out because it violated the constitution."

That would be the option I'd choose. Good legislation in Kentucky is an oxymoron.

Stan Cave is beyond reproach. Beshear is an idiot.

[Bill Adkins]

Thanks for inviting people to look at Peasantville, Alert. Now, just where have I propogated "lies, distortions, exaggerations, and dangerous liberal spin and tries to destroy good people with rumor and innuendo ...?" I'll check back later for your pyschotic episode.

[Alert!]

Look no further than your post at 7:33 yesterday, Adkins: "The Republican Administration of Ernest is like the Exxon Valdez of politics." Again, "lies, distortions, exaggerations...rumor and innuendo" smear, hate-speech, and absurd comments. You must be a miserable old coot. You repeat your garbage so much that you actually believe your crap. You have ZERO credibility, so just shut up!

[Bill Adkins]

And there you have it, folks - more evidence that the one calling him/herself "Alert1" has no grasp on reality. Look for this on my blog soon.

http://polwatchers.typepad.com/pol_watchers/2008/04/state-settles-w.html?cid=111891656#comment-111891656

You need to change your screen name to something more appropriate - use "Doh!!"