Pol Watchers

Jack Conway never did like D.C. gun control

The U.S. Supreme Court today struck down Washington, D.C.'s strict gun control law in a 5-to-4 ruling.

About 560 miles to the west, Kentucky Attorney General Jack Conway wants you to know that he didn't like Washington's municipal law, either, and he had urged the high court to scrap it.

Conway's office just issued a statement: “While Attorney General Conway hasn’t reviewed the lengthy legal opinion, he was pleased to sign on to the amicus brief with 31 other attorneys general in asking the Supreme Court to overturn the District of Columbia’s possessive gun ban. The attorney general is gratified that the court recognized an individual’s constitutional right as Americans to keep and bear arms.”

The court decision has no immediate effect on Kentucky. Washington's law made it nearly impossible for private citizens to own a handgun; Kentucky has no such law and is unlikely, given the sentiment of its state legislature, to pass one. The court today did not address the legality of less restrictive gun control laws.

-- John Cheves

(Edited 4:55 P.M.) Another Kentuckian has sounded off happily about the demise of Washington, D.C.'s gun control law, this time Republican Senate President David Williams. Williams also uses the opportunity to take a smack at Democratic presidential candidate Barack Obama.

In his press release, Williams said: "The Supreme Court's decision to lift the ban on the law-abiding citizens of Washington, D.C., from exercising their fundamental right to bear arms is a victory to all citizens who value their constitutional rights. Today we have seen first hand the significance of having strong judges that understand that their role is to interpret the law as written, not create new laws. The importance of this decision will also be a factor in the presidential election considering Barack Obama’s record of consistent opposition to gun owner’s rights.”

Attorney General is identity theft victim

WKYT-TV in Lexington is reporting that Attorney General Jack Conway, who recently reorganized his office to include a cyber crimes unit, is the victim of identity theft. According to the station:

Conway discovered he'd been victimized when he tried to buy some music on I Tunes. ...

Somebody had stolen his credit card number.

“They bought several thousand dollars worth of computers, Vonage phones, and there were several charges to the postal service. And they had changed my billing address.”

Read the full story and watch a video interview here.

- John Stamper

Conway creates cybercrimes division, changes investigative bureau

FRANKFORT — Attorney General Jack Conway is creating a new investigative division in his office dedicated to cybercrimes and renaming and restructuring the Kentucky Bureau of Investigations.

Conway announced the moves Thursday at a news conference at Collins Elementary School.

He said the new cybercrimes division will investigate predators who are trying to harm Kentucky children and crack down on identity theft, the fastest-growing crime in America.

The six investigators in the group also will pursue criminals who steal from consumers via Internet scams, he said.

Investigators in the cybercrimes division will report to the Department of Criminal Investigations, formerly known as the Kentucky Bureau of Investigations that received much publicity for its investigation of hiring practices in former Gov. Ernie Fletcher’s administration.

Conway said the criminal investigations department also will consist of the drug investigations division that will focus on combating prescription drug abuse and fighting illegal drugs.

Public corruption investigators will report to the special investigations and public integrity division of the criminal investigations department, Conway said.

Bob Foster, who was head of the KBI, will head the department.

Conway also said the child support enforcement commission has been moved from his office to the Cabinet for Health and Family Services.  This will maximize federal funding for child support efforts, he added.

The reshuffling in Conway’s office will take effect June 16.

FOR MORE INFORMATION, SEE FRIDAY’S LEXINGTON HERALD-LEADER.

--Jack Brammer

Conway: Higher-education leaders violated law

The Council on Postsecondary Education violated state law when it appointed Lexington lawyer Brad Cowgill as its president without retaining a search firm and conducting a new national search for a permanent president, Attorney General Jack Conway opined.

Conway issued a 12 page opinion Thursday afternoon in response to a request from Gov. Steve Beshear, who opposed the council's decision to hire Cowgill on April 14.

In a news conference, Conway said "the council was duty bound to conduct a national search."

Cowgill, a former state budget director for Gov. Ernie Fletcher, had been the council's interim president since Sept. 1, 2007. He was appointed to that post after the council terminated an unsuccessful search for a president.

Beshear has argued that the council ignored legal requirements that the council conduct a national search and come up with a president who has an established reputation and experience in postsecondary education.

Cowgill had no experience as a postsecondary administrator before being hired as the council's interim president.

Conway stressed that the opinion does not address Cowgill's qualifications. He said he believes a new search is needed, but noted that his opinion is only advisory.

Conway declined to offer advice about what the council or Beshear should do next, but noted that Beshear has the executive authority to reorganize the council.

Beshear said he was "not surprised" by the opinion. He said he wants to review the opinion and will have a statement later in the day.

The council is the coordinating agency for the state's eight public universities and the Kentucky Community and Technical College System. Among other things, the council recommends a biennial postsecondary education budget and it sets the limits on how much the institutions can increase tuition.

Conway's opinion also identified "numerous" violations of Kentucky's Open Meetings law. He said his office could not find records of the council voting for Cowgill to serve on an interim basis.

UPDATE 4:30 p.m.: John Turner of Lebanon, chairman of the Council on Postsecondary Education, said in response to Conway’s opinion he hopes Beshear and the council can sit down and discuss their differences before any further action is taken.

“I don’t believe this is an intractable problem that can’t be solved by well-intentioned, public-spirited people talking about the issues,” Turner said. “I am convinced it can be resolved without throwing it into court.”

After Beshear asked for a legal opinion from Conway, Turner wrote to the governor and requested that Beshear meet with Turner, council member John R. Hall, the retired chairman of Ashland, Inc. and Glasgow lawyer Walter Baker, a former council member, state legislator and jurist.

Turner said he had not received a response to his letter but remains willing and hopeful about talking with Beshear.

“I’ve always been willing to talk,” Turner said. “This would be far more constructive.  We agree on far more than we disagree on about postsecondary education."

Turner said he respects the governor and that the council has honored Beshear’s request that it not sign a contract with Cowgill until this dispute is resolved.

Noting that Conway's opinion is non-binding, he suggested the two parties might need to file a “friendly lawsuit” to get a binding court ruling.

Turner said that if Besher sought resignations from the entire council the members would probably not agree to do so.

“I think we owe it to the process and integrity of the independence of the council to let the process take its course,” Turner said. “Otherwise, why would any well-intentioned person serve on a board or commission?”

Two of the council's 13 seats are currently vacant.

UPDATE 4:55 p.m.: In a news conference, Beshear said he is optimistic the council will follow the law and start a new national search.

"This is not about Brad Cowgill. It's about following the law," Beshear said.

Beshear said Cowgill should be excluded from the new search, since having his name included as a candidate might discourage others from seeking the job.

Beshear also expressed concern about the alleged violations of the state's open meetings laws.

If the council doesn't start a new search, Beshear said he will look at other options. He acknowledged that disbanding the council could be one of those options, but declined to say anything further on the topic.

- Jack Brammer

State reviewing Versailles land deal

By John Cheves
JCHEVES@HERALD-LEADER.COM

Attorney General Jack Conway's office is reviewing a complex land deal in which the city of Versailles plans to issue $56.5 million in bonds to finance the sale of nine Frankfort office buildings between private businessmen.

The review comes after a story in Friday's Herald-Leader about the deal. The assessed value of the properties is $20 million, less than half the purchase price, and Versailles' tax-exempt, low-interest bonds would be used even though the private project will neither create nor preserve jobs.

The nine buildings are leased by state government and owned or co-owned by Rodney Ratliff, a politically active Frankfort landowner. The buyer would be H&W Development LLC, which is based in the office of a suburban Atlanta vending machine company.

"It is an unusual deal, and we are in the process of gathering information to help us determine whether a preliminary investigation is warranted," Allison Martin, a spokeswoman for the attorney general, said Monday.

Investigators are requesting legal documents and plan to interview officials involved in the deal, Martin said.

Versailles City Councilwoman Ann Cox said she was delighted. Cox was the only council member who opposed the deal when the council approved the bonds last month.

CONTINUE READING STORY