For those of you following the
Merit System Investigation in Kentucky, here's some good news.
Three top transportation officials were indicted by a special grand jury yesterday
More after the jump.
FRANKFORT, Ky. -- Three top Transportation Cabinet officials were indicted by a special grand jury yesterday on charges that they fired a Democratic state worker because of his political beliefs.
Acting Transportation Secretary Bill Nighbert, Deputy Secretary Jim Adams and Dan Druen, administrative services commissioner, each were indicted on three misdemeanor counts: political discrimination, official misconduct and criminal conspiracy.
Penalties for the discrimination and conspiracy charges could each include 30 days to six months in jail, forfeiture of office and a five-year ban on state employment, according to the attorney general's office.
The misconduct charge carries a penalty of up to 12 months in jail and a fine of up to $500.
Okay, the penalties aren't huge and we are just talking about misdemeanors, but still this is a pretty big black eye for the Republicans in the state, one would think. But this is just the beginning.
The three indictments are the first in the investigation by Attorney General Greg Stumbo, a Democrat, of allegations that Republican Gov. Ernie Fletcher's administration illegally used politics, not qualifications, to fill civil service jobs.
Stumbo, the AG is a Democrat. This kind of slices both ways. The Republicans, of course, will cry "political witch hunt." However, if Stumbo were a Republican, he'd probably just turn a blind eye.
Here's what they're in trouble for.
The indictments allege that Nighbert, Adams, Druen and
others not named fired Mike Duncan on May 13 from his job as the Transportation Cabinet's deputy inspector general because of his political beliefs.
In a Courier-Journal story last month, Duncan said he was dismissed because he worked for and supported Ben Chandler, Fletcher's 2003 gubernatorial opponent and the former attorney general.
Here's the spin.
Yesterday, Fletcher praised Nighbert as "a fine individual" and said
the Personnel Board, not the attorney general, should be investigating the allegations. The Personnel Board, which has voted to conduct its own investigation, can reverse job actions
but not seek criminal penalties.
"This is just the opposite of the way things have always been done in the past, and I'll let the people judge for themselves whether it was politically motivated or not," Fletcher said.
Fletcher has denied allegations that the administration broke civil service laws. He also said he had no immediate plans to suspend the indicted officials.
Regarding Duncan's firing, the governor said he was told Duncan "had not performed to what they wanted" during his probation period.
So, according to Fletcher, the investigation is politically motivated and the investigation should be done by a body which can't seek criminal penalties. Oh, that and the guy they fired didn't perform his duties. I think that about covers all their bases.
Oh, about that not performing the duties part.
Duncan told reporters last month that his boss, Inspector General David Ray, warned him that he lost his job because of his support for Chandler.
Ray, who hired Duncan and objected to the decision to fire him, also testified before the grand jury last week. He declined to comment yesterday, citing orders from Nighbert.
Duncan's immediate boss objected to his firing. I think that speaks volumes. By the way, Duncan has worked for the Kentucky State Police for 25 years.
This is interesting. It's not relevant to this story, but just an odd coincidence.
Spencer Noe,general counsel for the state Republican Party, said it's unclear if a GOP legal defense fund will help pay the legal bills for the indicted men.
Noe said the fund has not raised any money yet.
Noe... Noe... Now where have I heard that name before?
hink