Pol Watchers

Jenkins to take on Clark for House Speaker Pro Tem

SPEAKER SAYS HE'S BACKING JENKINS

Rep. Joni Jenkins, a Louisville legislator who played a key role last session in leading a study committee on casino gambling, announced to House Democrats that she will seek the Speaker Pro Tem position currently held by Rep. Larry Clark of Louisville.

And she's already drawn the support of House Speaker Jody Richards, who took the rare step of weighing in publicly on an internal leadership race. He cited the inability of the five House leaders to get on the same page on key issues, particularly casino gambling, as a reason for getting involved in the race.

"I plan to support Rep. Jenkins," Richards said in an interview with the Herald-Leader. "I think we need a more cohesive leadership."

The Jenkins-Clark race sets up a competitive and potentially contentious match-up in what is shaping up to be an interesting ballot for House leadership elections in January.

Jenkins, in her letter to her Democratic colleagues, played up the need for unity among the top leadership positions in the House.

"It is very clear to me that the House Democratic Caucus must have a five member leadership team that works together for the benefit of the entire Democratic membership," she wrote in letter to the Democratic caucus.

The pro tem, which is technically elected by the full House of Democrats and Republicans, presides over the chamber when the House speaker -- currently Richards, who is the longest serving speaker in Kentucky history -- leaves the podium. It is also one of the five majority leadership positions.

Clark and Democratic Whip Rob Wilkey, who is resigning, were at odds for most of last session with the other three top-ranking Democrats: Richards, Majority Floor Leader Rocky Adkins and Caucus Chairman Charlie Hoffman.

While Richards said the relationship "wasn't as contentious as the press made it out to be," he said the internal squabbles were counterproductive and the House Democratic leadership teams must be unified to tackle tough problems ahead, such as the ongoing budget crunch.

"This is an unusual situation and a situation where we need to be cohesive. That's why I’m taking this unusual step," Richards said.

- Ryan Alessi

Hat tip: Page One

'Comment' will discuss possible special session

Three reporters will join host Ferrell Wellman on this week's "Comment on Kentucky" to discuss a possible special legislative session on pension reforms for government workers.

They are Stephenie Steitzer with The Courier-Journal, Greg Stotelmyerwith Lexington's WTVQ-TV and Jack Brammer with the Lexington Herald-Leader.

The public-affairs show on the Kentucky Educational Television network will begin at 8 p.m. EDT Friday.

--Jack Brammer

Beshear moves to call special session, lawmakers not quite on board

UPDATED THROUGHOUT AT 11 A.M.

Gov. Steve Beshear, in a 50-minute closed-door conference with legislative leaders, laid out his suggested road map for how to address the increasingly expensive and chronically under-funded state employee retirement system.

The governor plans to call an extraordinary legislative session before the end of June if lawmakers can nail down all the details of a compromise pension-system fix. But Beshear emerged from the meeting just before 10 a.m. Thursday without an official agreement from lawmakers about an extraordinary legislative session.

If an agreement can be reached, Beshear said a special session could start June 23.

The legislature needs to agree to a restructuring of the state employee retirement systems before June 30 in order to save money, he said.

"Agreement on these reforms will result in savings of nearly $500 million annually to state and local government obligations to fund the pension system," Beshear said. "It will also provide city and county governments and school districts with at least $50 million in immediate savings starting July 1."

The group of lawmakers, which included Democratic Speaker Jody Richards and Republican Senate President David Williams, were left to discuss a proposed bill that Beshear gave them that would address some of the key issues that all parties agreed to during the earlier General Assembly session.

The proposed changes include:

• Raising retirement ages for future hires;
• Lowering the cost of living adjustment to 1.5 percent;
• Requiring new employees to contribute 1 percent of their salary to the health insurance fund; and
• Reforming the practice of double-dipping, in which government retirees return to government jobs while still collecting a state pension. 

Beshear, after leaving the meeting with lawmakers, then moved to the state reception room on the second floor of the Capitol to announce an 27-member working group that will tackle some of the remaining sticking points related to restructuring the complex pension system. Among those expected to participate are all the constitutional officers: Auditor Crit Luallen, Attorney General Jack Conway, Secretary of State Trey Grayson, Treasurer Todd Hollenbach and Agriculture Commissioner Richie Farmer.

This new task force would address several broad areas, as well as some specific points not dealt with by former Gov. Ernie Fletcher's blue ribbon commission on the retirement system that made recommendations last year.

The legislature, earlier this year, failed to pass a bill that would have altered some of the key components of the system, such as age of eligibility and minimum years of service, for future employees. It also would have provided an infusion of money to address the unfunded liability.

House Democrats and Senate Republicans hit a few snags in the final negotiations before coming up with a tentative deal in the hours before the regular General Assembly session expired on April 15. But the deal never came together as some rank-and-file Democrats balked at voting on something they hadn't read just minutes before the midnight deadline.

But Beshear and legislative leaders have said the increasingly burdensome pension system must be restructured to stop the funding problems from continuing to compound, which could bankrupt the system in as little as 14 years.

In addition to the constitutional officers, Beshear's working group will be chaired by Finance and Administration Secretary Jonathan Miller. State budget director Mary Lassiter will be vice-chair. Other members include:

• Personnel Cabinet Secretary Nikki Jackson
• Joe Meyer, Beshear's senior policy adviser
• the executive director of the Kentucky Retirement System
• executive secretary of the Kentucky Teachers Retirement System
• Brent McKim of the Jefferson County Teachers Association 
• John Stovall of the Teamsters union
• Gerald Stewart of the Firefighters union
• Larue County Judge Executive Tommy Turner, who is president of the Kentucky Association of Counties and the Kentucky County Judges Association
• Sylvia Lovely, CEO of the Kentucky League of Cities
• David Adkisson, CEO of the Kentucky Chamber of Commerce
• Robert Sexton, president of the Pritchard COmmission
• Keith Powell, a certified actuary
• Todd Lowe, CFA and president of Parthenon LLC
• Dianne Preece, CFA and professor of finance at the University of Louisville
• Jacqueline Clay, CFA of JP Morgan
• Chris Posey, managing partern of Urban development
• two individuals picked by the Senate President
• two individuals picked by the House Speaker

- Jack Brammer and Ryan Alessi

Senate office renovations go forward despite budget crunch

By John Cheves
jcheves@herald-leader.com

The Kentucky Senate is renovating its offices at the state Capitol Annex in Frankfort, while public health programs, law enforcement, education and other state services face more cuts.

On Tuesday, the state requested bids for construction on the Annex’s second floor, to build new Senate offices, caucus rooms with kitchens, a press conference room and a Senate lounge.

The 5,250 square feet of space previously was used by executive branch agencies, which are slowly being evicted as the General Assembly claims more space in the Annex. New furniture, appliances and electronics will be purchased.

Senate President David Williams said he won’t know the project’s cost until bids are opened next week. But lawmakers can afford it.

While the legislature this winter told Gov. Steve Beshear to cut $230 million from the executive branch’s $9.1 billion budget, it awarded itself 13 percent more over two years, taking it up to $55.6 million in 2010. It tucked about $1.4 million for capital projects into this year’s budget .

 “It’s nothing very extravagant,” said Williams, R-Burkesville. “Each one of the senators will have an appropriate office now. We have at least one senator who has a rather small office.”

But critics on Wednesday said they were stunned to learn that senators are making themselves more comfortable as the rest of Kentucky sacrifices.

“We wish the 52,000 children eligible for health insurance coverage through KCHIP, but not enrolled because of inadequate funds, would receive the same level of attention as the 5,250 square feet of Senate office space now being renovated,” said Terry Brooks, executive director of Kentucky Youth Advocates. “The emphasis on these self-serving projects over the needs of real people is sadly becoming the norm.”

Beshear, legislative leaders to discuss possible special session on pensions

FRANKFORT — Gov. Steve Beshear is to meet with House and Senate leaders Thursday morning to discuss possible proposals to overhaul the state’s retirement systems.

Beshear spokesman Dick Brown said the discussion also will deal with a possible special legislative session on pension reforms.

Brown declined to say what the governor’s proposals involve but did say Beshear plans to hold a news conference at 10 a.m. on the issue.

UPDATE 5:54 p.m.: House Speaker Jody Richards, D-Bowling Green, said he understands Beshear will be offering a proposal for the legislature to consider soon and also create a commission to study issues on the subject that could be addressed in the 2009 General Assembly.

Setting up a commission would require an executive order.

Asked if he thinks a special session is needed, Richards said, "I'm going to the 9 a.m.meeting with the governor to listen to what he has to say. I'm open to his ideas.

"The House passed a good bill on this this year that saved the state a lot of money."

The office of Senate President David Williams, R-Burkesville, said he is scheduled to attend the meeting with the Democratic governor.

Williams and several groups, including the Kentucky Chamber of Commerce, the Kentucky League of Cities and the Prichard Committee for Academic Excellence, have urged Beshear to call a special system on pension reforms since this year’s legislature was not able to enact changes.

They say state and local governments are facing a crisis in escalating pension costs, and that the issue should be addressed by the new fiscal year that begins July 1.

Beshear has said he will not call a special session until the House and Senate agree on a plan, and said it should not last longer than five days.

Only the governor can call a special session and set its agenda. A special session would cost taxpayers about $60,000 a day.

Kentucky's General Assembly ended in April without changing the state's pension systems, which face a deficit of more than $26 billion.

Leaders in the state House and Senate this year reached a tentative agreement on the issue. The Senate approved the agreement but the House did not vote on it. House leaders said they did not have enough time to review the agreement

--Jack Brammer

Newt Gingrich will headline Lexington conference

Political aficionados across the country are swarming to Lexington to attend The Council of State Governments’ celebration of 75 years of service to 50 state governments and six U.S. territories.

Former U.S. House Speaker Newt Gingrich will be a featured speaker at the national conference, along with presidential historian Michael Beschloss and Larry Sabato, founder and director of the University of Virginia’s Center for Politics.

Topics for more than 17 workshops and sessions to discuss the most pressing issues facing state governments include the emergence of public-private partnerships to fund state transportation projects, the growing prison population nationwide and the importance of state investment in higher education.

“This conference promises to be truly spectacular,” says Kentucky Senate President David Williams, a Burkesville Republican who is vice chair of the state governments council that has been in Lexington since 1969.

More than 860 state officials and guests are expected to attend the conference that begins Thursday and runs through Sunday at the Marriott Griffin Gate and Embassy Suites. That is more than the 790 who attended the conference last year in Puerto Rico, said council spokesman Jack Penchoff.

All 138 Kentucky legislators have been authorized to attend the conference, said Bobby Sherman, director of the state Legislative Research Commission. Gov. Steve Beshear is to welcome the conferees at a reception Thursday evening at the Marriott Griffin Gate.

Gingrich will address the conference Friday afternoon. He was speaker of the U.S. House from 1995 to 1999 and led the “Republican Revolution” in the House, ending 40 years of Democratic Party majorities in that chamber.

Gingrich now is a political analyst, consultant and author. He will be signing the latest book he co-wrote with William R. Forstchen, “Days of Infamy,” after his speech.

Sabato will speak Saturday morning at Embassy Suites about state elections and reform. Historian Beschloss will speak at noon at the Marriott about presidential coverage. Sabato and Beschloss also will be signing their books after their speeches.

The Council of State Governments has had its headquarters in Lexington since 1969. It is funded by dues from state, foundation money and contracts.

Sherman said Kentucky was able to provide about $200,000 for the conference from the remainder of funds it had collected to host the Southern Legislative Conference two years ago in Louisville.

For more information about this week’s conference, visit www.csg.org.

- Jack Brammer

Public defenders' office to begin refusing cases

By Brandon Ortiz
BORTIZ@HERALD-LEADER.COM

The state's chief public defender is asking judges to order the state Finance and Administration Cabinet to pay for private lawyers for poor criminal defendants because his agency can no longer afford to represent them.

In a letter to judges released Wednesday, public advocate Ernie Lewis warned that public defenders will begin refusing certain types of cases starting July 1 as a result of the $2.3 million budget cut approved this spring by the General Assembly.

Lewis said the Department of Public Advocacy cannot afford to fill about 40 vacancies. With caseloads already at unethically high levels, Lewis said, public defenders cannot take on additional cases.

"The dilemma that now exists is that the Commonwealth of Kentucky is obligated to provide counsel to poor people charged with crimes, but the legislature has failed to fund that obligation," Lewis wrote. "DPA will assert that the solution to this is for courts to enter orders requiring the Commonwealth to pay for private counsel."

The service cuts, and the request for the state to foot the bill for private lawyers, could lead to a constitutional showdown. And, as Lewis acknowledges in the letter, it could lead to sanctions for Lewis personally.

Public defenders must have the permission of a judge to be removed from a case. Lewis or public defenders face contempt of court and jail if they refuse to follow a judge's order to represent a client.

"This is an action for which I am ultimately responsible, and any sanctions or retribution should be directed at me rather than a directing attorney or individual staff attorney," Lewis wrote. "I fully anticipate that there will be some judges who attempt to put pressure upon our local lawyers to represent people outside of this service-reduction plan. I would ask that courts respect the separation of powers and the independence of the Department of Public Advocacy."

Lewis warned judges of several service cuts, the first since 1991, that will begin July 1:

• Funding will be eliminated for contract lawyers for 3,000 to 5,000 conflict-of-interest cases. These are cases in which there is more than one defendant; the DPA contracts with other lawyers so it is not representing both clients.

• The DPA will stop representing family court cases, which involve domestic violence and failure to pay child support.

• The DPA will withdraw from status offender cases, those involving children charged with running away from home, unable to be controlled by their parents or being truant.

• It will pull out of civil commitment cases, in which the state is trying to force a mentally ill person into an institution.

• It will refuse Class B misdemeanors (crimes with punishment of no more than six months in jail), some Class A misdemeanors (which carry punishment of up to one year in jail) and probation and parole violations.

Lexington's public defender office will be the hardest hit. The DPA requested $2.8 million in funding for it but received $1.5 million.

Caseloads in Lexington will surge from 442 per lawyer, which were already the highest in the DPA, to more than 600 per lawyer.

The DPA employs 350 lawyers and handled 148,518 cases last year. The Lexington office handled 10,500 cases.

Beshear signs order on executive branch ethics

FRANKFORT — Though the state legislature this year did not approve changes in ethics law pushed by Gov. Steve Beshear, Beshear signed an executive order Tuesday to initiate some of them.

“Neither I nor the people of Kentucky can wait another year to change the way state government does business,” the Democratic governor said at a Capitol news conference.

“Therefore, I am exercising my power as governor to strengthen executive branch ethics in state government.”

Beshear has scheduled news conferences Wednesday in Bowling Green and Henderson to discuss his order.

Beshear’s order:

• Changes the process for appointing members to the Executive Branch Ethics Commission. Now, the governor appoints all five members. Under Beshear’s order, the first vacancy will be filled by the governor, the second by the governor from a list of three nominees submitted by the attorney general and the third by the governor from a list of three nominees submitted by the auditor. After that, the process repeats itself.

• Attaches the commission to the Finance and Administration Cabinet instead of the governor’s office.

• Forbids employees from negotiating for a future job with a person or company with which he or she is directly involved as part of their official duties.

• Requires legal defense funds to register with the commission and donations to them from those who do business with the state will not be allowed. Quarterly reports will have to be filed with the commission.

• Subjects members of about 74 state boards to ethical guidelines governing gifts and conflicts of interest.

• Solidifies Beshear’s directive from earlier this year that all major management personnel have to undergo mandatory ethics training and creates a voluntary training program for all executive branch lobbyists.

SEE WEDNESDAY’S HERALD-LEADER FOR MORE INFORMATION.

- Jack Brammer

Lunsford leads McConnell in poll, but doubts about it pop up

UPDATED THROUGHOUT THE DAY

Democratic challenger Bruce Lunsford is leading Senate Republican Leader Mitch McConnell by five percentage points in their race to represent Kentucky in the U.S. Senate, according to a poll released Tuesday by Rasmussen Reports.

The telephone survey of 500 likely voters shows Lunsford at 49 percent and McConnell at 44 percent. The survey, which has a margin of error of plus or minus 4.5 percentage points, was conducted May 22.

Those results are starkly different from a Herald-Leader/WKYT Kentucky Polltaken before the May 20 primary, which showed McConnell leading Lunsford by 12 points in a hypothetical fall match-up.

Interestingly, the Rasmussen poll shows McConnell with a 52-percent favorability rating, compared to 47 percent for Lunsford.

UPDATE 1:15 p.m.: McConnell's campaign quickly released an internal polling memo showing him with an 11 point lead over Lunsford.

McConnell campaign manager Justin Brasell blasted the Rasmussen poll.

“This is an indicator of what we can expect for the next five months," Brasell said in a statement. "National Journal refuses to print Rasmussen polls, yet Democrat leaders will trumpet bogus polls like this one in a futile effort to create a false sense of momentum for the hand-picked candidate of New York Senator Chuck Schumer and the DSCC.”

UPDATE 3:40 p.m.:  Two non-partisan reports based in Washington took issue with the Rasmussen poll.

"It's delusional.  It's not only silly, it's stupid," said Stuart Rothenberg, editor of the Rothenberg Political Report.

"Rasmussen has been preparing wrong polls. There is no reason to believe that Lunsford is leading McConnell in that race."

Rothenberg said it's "realistic" to believe that McConnell holds an 11-point lead.

"That's not a blowout," he said. "The Republican brand is damaged and he is leader of the Republicans in the Senate. But there is no way he is trailing in the race."

Jennifer Duffy, with the Cook Political Report, said, "I pay almost no attention to Rasmussen polls. The methodology is really flawed and they have a terrible track record." 

UPDATE 6:14 p.m.: Of McConnell's poll, Allison Haley, press secretary for Lunsford's campaign, said, "It's certainly mysterious that this poll shows McConnell's job approval so much higher than several independent polls in the past few weeks.

"But despite appearing heavily weighted to his supporters, McConnell's own polling affirms the trend favors Bruce even after McConnell spent $3 million running against an unknown truck driver (in this spring's Republican primary election.)

"There will be a lot of polls this year but the bottom line is that McConnell is in trouble, he knows it, and this race will be competitive until the end."

- John Stamper and Jack Brammer

Can Obama win Appalachia?

By Linda B. Blackford
lblackford@herald-leader.com

It’s hard to imagine now, says Charlie Peters, but back in 1960, the Catholicism of John F. Kennedy was every bit as big a problem for Appalachian voters as Barack Obama’s race appears to be today.

When Peters, Kennedy’s Kanawha County campaign chairman, first took him around Charleston, W.Va, at least 20 percent of the people refused to shake his hand. So Kennedy spent 16 of the 30 days before the primary showing West Virginians “he wasn’t wearing the Pope’s clothes,” Peters said.

The campaign brought in Franklin Delano Roosevelt Jr., distributed 40,000 copies of a Reader’s Digest story about Kennedy’s heroism in World War II, and spread around plenty of money. Kennedy won the primary, which helped propel him to the nomination.

The Obama campaign chose a different route – a smattering of TV commercials and fliers about his Christian faith, but just one visit by the candidate to Kentucky and West Virginia this year. There was little direct conversation about voters’ misconceptions of his religion, or about concerns related to divisive remarks by his former pastor, the Rev. Jeremiah Wright.

He lost to Hillary Clinton in both states by more than 30 points.

The question now is whether Obama, as the expected nominee, will continue writing off Appalachia or return and try to make his case to white, rural voters.

“I worry about them gliding past a problem like that,” said Peters, who went on to found the Washington Monthly magazine and is now an Obama supporter. “There are people like this all over the country, and if you don’t reach out, they would have stayed in West Virginia thinking Jack would have done what the Pope said, just like now they’ll think Obama will do what Rev. Wright says. It calls for dramatic action.”