This is the contents of an email received from the KY Democratic Party regarding Governor Fletcher's merit hiring scandal. As per the header, I'm sharing this with "interested Democrats." -W.S.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Here are a few thoughts on the Governors hiring problems they should be good for call in shows, editorials, and general information. Please pass on to all interested Democrats.
Thanks
Stuart Wester
- Fletcher gives free reign to high-ranking government officials to continue abusing state merit employees - Governor Fletcher issued blanket pardons not only to all nine senior members of his administration but he also issued blanket pardons for any and all current and former members of his administration who might be charged or indicted in the future for violating merit system laws.
- ,You don't pardon an innocent man‛ - Former Republican Gubernatorial candidate Larry Forgy. By accepting the pardons issued by Governor Fletcher, those high level members of the administration who were indicted were admitting their guilt.
- ,You will never see things like that happen in a Fletcher/Pence administration‛ - Lt. Governor Steve Pence, responding to reporters' questions after Governor Patton pardoned four people indicted for alleged actions during 1995 Gubernatorial campaign.
- Lt. Governor Steve Pence refused to appear with Governor Fletcher when he announced blanket pardons.
- ,I want the unvarnished truth.‛ - Governor Ernie Fletcher, but when he had the opportunity to tell the Special Grand Jury his side of the story and explain the ,mistakes‛ he and senior level officials in his administration made, Ernie Fletcher refused to answer any questions.
- Governor Fletcher avoids taking responsibility - When the Governor announced his broad blanket pardon of all persons who have been indicted and those who might be charged in the future with violating the Merit System laws, Governor Fletcher told the people of Kentucky that he was personally taking responsibility and the "buck stops" with him. But the following day instead of taking responsibility, Fletcher appeared before the Special grand Jury and refused to testify truthfully. Instead Governor Fletcher took the 5th.
- Fletcher pardons his political appointees for the ,mistakes they made,‛ but refuses to apologize to those who were harmed by those ,mistakes‛- nothing exemplifies Governor Fletcher's arrogance and contempt for the average working person more than his stubborn refusal to apologize to those merit employees who were denied promotions they had earned or jobs for which they were the most qualified. The financial damage done to the families and children of these people merit at a minimum a personal apology from the Governor.
- Governor Fletcher repeatedly changed his story to try and explain the evidence - Fletcher, initially said his administration had reviewed every single merit hire during his term in office and found that every single hire was legitimate and proper. Then he said some mistakes were made but no laws were violated. He then changed his explanation to say that no one ,knowingly‛ violated any laws. Finally, Governor Fletcher's latest publicly stated position is that he did not ,knowingly AND willfully‛ violate any merit laws.
- Governor Fletcher continues to try and mislead the people of Kentucky when he repeatedly and publicly states that the laws governing the state merit system are vague, overly complicated and outdated. The truth is the law relating to the state merit system is very simple. It is a civil rights law and simply states that no state merit employee or anyone seeking a state merit position shall be denied employment or punished because of their political party affiliation.
The Governor affirms his belief in the importance of the separation of powers doctrine in explaining his power to pardon, but his administration has repeatedly maligned the 12 ordinary citizens who are serving on the Grand Jury, questioning their ability to think for themselves. These citizens are representatives of the judicial branch.
The Governor declared that he has "never knowingly violated any laws" as Governor, but then refused to testify before the Grand Jury. Governor, why invoke your 5th Amendment right against self incrimination if you are innocent?
It is not true, as the Governor has repeatedly asserted, that this is the first criminal investigation of suspected violations of the Merit System. In 1984 then-state Treasurer Frances Jones Mills was indicted on 10 felony theft counts and other charges alleging she used state employees on state time in 1983 while she was secretary of state to work on her campaign for treasurer. Mills was later acquitted on all charges.
The Governor has the clear Constitutional right to issue pardons. However, in recent history it is most unusual to issue such a broad pardon, particularly before trial and of those who haven't even been indicted yet. The Governor repeatedly claims that no laws were broken. Why pardon the innocent?
Attorneys investigating the administration have called the Governor's hiring practices a "corrupt political machine." There is ample evidence of the existence of that machine including hundreds of administration E-mails and personnel regulation changes designed to make it easier to hire based on politics. It's clear that the goal of the machine is to undermine the state's Merit System, which requires that employees be hired based on qualifications, not politics.
The Governor talks about stopping the waste of tax dollars, but his administration has paid law firms approximately $400,000 to check the content of E-mails between administration officials before releasing them to attorneys investigating hiring practices. If no laws were broken why not release all government E-mail?
Those who lost their jobs because of this political machine are real people with real families who depended on their paychecks. As he pardoned his highly paid staff Fletcher did not apologize to these displaced employees, nor did he pledge to stop abuse of the Merit System.
The Merit System law is not complicated. Quite simply it requires that Merit hires be made on the basis of qualifications, not politics. Although any system can be improved, generally it has functioned quite well over the years to keep political patronage out of Merit System jobs.
Governor Fletcher has sought to reassure state employees that there is no "cynical scheme to displace" employees, but his office has surveyed employee political affiliations. Preparation of this type of information runs contrary to the spirit of the Merit System. State employees are justifiably concerned about the impact such a list could have on their careers. Using employees' Social Security numbers to compile this list could be grounds for legal action as an unwarranted invasion of employees' privacy. It gives any dismissed Merit employee sufficient grounds to file a grievance.