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Government

Wednesday, December 17, 2008

LOUISVILLE: Firefighters in court looking for more money - liquidated damages on top of $17 million

From Firehouse.com:

Louisville Firefighters Want More Than $17M

Posted: 12-11-2008
Updated: 12-15-2008 01:56:21 PM

STEVE BURGIN
Story by wlky.com

LOUISVILLE, Ky. --

It may cost Metro Government millions more than expected to settle a long-running overtime pay dispute with Louisville firefighters.

Attorneys for the firefighters told a Jefferson circuit court judge they also want what's called "liquidated damages."

Metro government figures it owes $17 million, but attorneys for the firefighters want twice that much.

It's an eight-year dispute over how the city of Louisville figured overtime pay for firefighters. The case already has been to the state's highest court.

Metro officials calculate the city owes nearly 800 of them $17.6 million.

"It will have to come out of the reserve fund," Abramson said Wednesday.

But, in court Thursday, firefighters' attorney Ann Oldfather argued that's not all the city owes.

"We believe we are entitled to the entry of an order that has liquidated damages," she said. "The city of Louisville owes each of these firefighters an additional amount equivalent to the back pay to which they are entitled"

"Seventeen million dollars in these economic times for the city is enormous," said attorney Larry Zielke. "Can you imagine now if the city has to double that for a penalty?"

Zielke said the city acted in good faith and at the time paid the firefighters according to labor department guidelines.


 * * *

Monday, December 08, 2008

GOV'T: Budget cuts, Jefferson County and effects on county attorney and circuit clerk addressed in recent CJ story

From Courier Journal:


Most elected Jefferson County officials are waiting to hear how the metro government and state budget cuts will affect their offices.

* * *

County attorney -- At this point, the office doesn't anticipate any major cuts in personnel or in the public services they provide, "but that could change," said Bill Patteson, spokesman for Jefferson County Attorney Mike O'Connell.

A group representing county and commonwealth's attorneys across the state on Wednesday warned that more budget cuts by the state could result in layoffs and disrupt prosecutions, leaving the state court system in shambles.

O'Connell noted that in tough economic times crime tends to increase. And while one of the roles of prosecutors is to "maintain civil order," he said, if further cuts are enacted, "It's going to get ugly."

O'Connell has a staff of nearly 400 and an annual budget of about $20 million, most of which comes from the state and the rest -- about $7 million -- from the city.

* * *

Jefferson circuit clerk -- David Nicholson has a staff of about 330, all of whom are paid by the state Administrative Office of the Courts. The payroll this fiscal year is estimated at $12.2 million.

"We don't anticipate any personnel or service cuts the rest of the fiscal year," said Nicholson's chief of staff, Ronnie Harris.

Wednesday, November 26, 2008

NEWS: MSD to pay fine, fix or remove plant

Interesting story on how unchecked growth in Eastern Jefferson County has exceeded the system's capability to handle the waste results in a fine to MSD that we all pay; but does the businesses, large office buildings or other added structures which have added to the waste water and drainage issues have to pick up the tab based upon the fact they created the problem?  No.  And what is one of the proposed solutions?  Pipe the waste to western Jefferson County.  Can't imagine why it bothers them.  Even though we are one county, and there should be no NIMBY (not in my back yard) issues, it does not make the stink of the added waste any less.

I have witnessed first-hand how the local planning folks approve zoning changes to allow purchasers to increase the value of their property from apartment zoning to office zoning; add lots of asphalt parking area; and increase the storm drainage runoff.  Thanks alot.

With less land, zoning should and needs to be more careful as the city begins to build upon itself and cause problems from the increased concentrations and their impact on existing facilities.  Remember when new subdivisions were scrutinized on their impact on utilities, schools, roads, etc.?  However, these issues are not considered as seriously when this infrastructure is already in place and the increased demands minimized.

However, here is the story.

MSD to pay fine, fix or remove plant - from Courier Journal

The Metropolitan Sewer District agreed to pay a $230,000 penalty to the U.S. Environmental Protection Agency and either eliminate its Jeffersontown waste-water treatment plant or fix problems there by the end of 2015.

The new agreement, which includes deadlines for several smaller treatment plants in eastern Jefferson County, replaces one announced in 2005 to fix much of Jefferson County's antiquated sewer system. That system each year spills about 4billion gallons of sewage into local waterways, including Beargrass Creek, Floyds Fork, Harrods Creek and the Ohio River.

MSD will pay the new penalty out of money it gets from ratepayers, and Brian Bingham, a senior engineer for the agency, said he didn't expect the fine to force rates higher.

* * *

A key change to the agreement with the EPA is regulators' requirement that MSD eliminate overflow problems at Jeffersontown and several other small plants much earlier than the previous deadline of 2024.

Schardein said there are three options for the Jeffersontown plant:

Renovate and expand the plant.

Shut it down and send sewage on days when it doesn't rain through pipes to the Morris Forman Wastewater Treatment Plant in western Louisville, but the extra swollen volume that occurs during rainy weather would be sent to the Derek Guthrie plant (formerly West County) in southwest Louisville.

Shut it down and send all the plant's sewage to a new plant or plants that could be built on or near Fort Knox as part of a new regional sewer district. Schardein said the Kentucky General Assembly will likely take up that proposal next year.

One of those options — the one involving the Guthrie plant — has come under heavy criticism from some residents of southwest Jefferson County.

Louisville Metro Councilman Doug Hawkins, R-25th, said it appears that MSD is again "dumping on southwest Louisville." * * *

Sunday, October 12, 2008

KY GOV: "Transparency" Site Mockup - Or seeing how your tax $$ are being spent; visit it and leave comments

E-Transparency Web Site Goes Online

By Valeria Cummings
502-564-4240 on Finance and Administration Cabinet

A mockup of Kentucky’s first e-Transparency Web site is now online and members of the public are being asked to make comments on its design. “Kentucky’s Open Door” Web site has been designed as a one-stop venue where citizens can review how their tax dollars are being spent, as well as obtain other vital information about state-funded programs.

Following the links below, you can review the Task Force's draft legal policy, and you can scroll through draft "mockups" of the site's features. You can also try out searching for samples of state contract information by logging onto the Vendor Income and Expense Watch (V.I.E.W.) page, a pioneering effort by Treasurer Todd Hollenbach, which will allow citizens to search the state’s vendor and contractor data. Secretary of State Trey Grayson has also produced a model of agency transparency with “Check it Out Kentucky!” a site that offers an expenditure search of the Secretary of State’s Office.

Sunday, September 21, 2008

LAWYERS: "Public defenders ordered to take cases" from Herald Leader/ Kentucky.com

Public defenders ordered to take cases fromHerald Leader

A Franklin County judge has ordered public defenders to stop refusing certain types of cases because of funding problems.

 

The temporary injunction, which was entered Friday afternoon by Franklin Circuit Judge Thomas D. Wingate, was made at the request of lawyers for Kentucky State Treasurer Todd Hollenbach and Finance and Administration Secretary Jonathan Miller.

 

The executive and legislative branches are being sued by the Department of Public Advocacy, which claims that it was not provided enough funds this spring to meet its constitutional obligation to represent poor criminal defendants.

 

Lawmakers, who were facing budget shortfalls, cut DPA’s budget by $2.3 million, to $37.8 million, in the fiscal year that began in July.

 

Wingate ruled there are serious questions as to whether DPA will succeed in its litigation. He ordered public defenders to stop refusing to represent certain types of clients until the litigation is resolved.

Tuesday, September 16, 2008

LOUISVILLE: Complaint filed with the Louisville Human Relations Commission claiming employee made anti-gay slurs

Per the ACLU web site and an email I received, a complaint has been filed as follows against McDonald's:

The ACLU is representing two gay men in an official complaint to the Louisville Human Relations Commission after an employee at a McDonald’s restaurant in downtown Louisville called them and three friends a series of anti-gay slurs.

The complaint can be downloaded from the case profile page at http://www.aclu.org/lgbt/discrim/36781res20080916.html.

Thursday, August 28, 2008

LAWREADER: "Senator David Williams Calls for Inquiry over District Judge Popovichs release of two accused felons when Dept. of Public Advocacy won’t represent them. DPA funding issue heats up"

Steve Horner posts the following piece at Lawreader entitled - Senator David Williams Calls for Inquiry over District Judge Popovichs release of two accused felons when Dept. of Public Advocacy won’t represent them. DPA funding issue heats up.

Continue reading "LAWREADER: "Senator David Williams Calls for Inquiry over District Judge Popovichs release of two accused felons when Dept. of Public Advocacy won’t represent them. DPA funding issue heats up"" »

Wednesday, August 27, 2008

GOV'T: "Williams asks judge to reconsider ruling on road plan"

From Kentucky.com:

Williams asks judge to reconsider ruling on road plan
FRANKFORT . Senate President David Williams is asking a Franklin circuit judge to reconsider his order that the legislature's six-year road construction plan is invalid because lawmakers failed to give it to the governor on time.

Saturday, August 02, 2008

GOV'T: "E-Mail Now Allowed for Open Meetngs Notifications"

From Lawreader, E-Mail Now Allowed for Open Meetngs Notifications re Kentucky law.

Saturday, July 26, 2008

HL: "Fired court employee's appeal loses"

Brandon Ortiz's story from the Herald Leader focuses again of the behavior of those closely associated or related to members on our state's highest court.  This story is about an internal appeal of a fired employee who claimed that the oldest son of Supreme Court Justice Will T. Scott was given preferential treatment when promoted in January. 

Fired court employee's appeal loses
By Brandon Ortiz
bortiz@herald-leader.com  

The state court system rejected Wednesday the internal appeal of a fired employee who claimed that the oldest son of Supreme Court Justice Will T. Scott was given preferential treatment when promoted in January.

The appeal was filed by fired Administrative Office of the Courts employee Ruth Combs, a pre-trial officer whose employment record includes three disciplinary probations since 1995. She questioned the promotion of the Pikeville justice's oldest son, Andrew H. Scott, 32, to her former job.

The case, which the AOC refused to make public, marked the second time that Andrew Scott was accused of being improperly promoted.

According to Wednesday's decision, written by retired Justice James E. Keller, Combs' appeal had accused Justice Scott of conspiring with AOC Director Jason Nemes to give the younger Scott a supervisor job in Perry County.

A three-person AOC appeals board said Combs' claim of favoritism had ”no merit whatsoever,“ but recommended reinstatement because the evidence used to justify her firing was presented after her termination.

Keller overturned the board's recommendation that Combs get her job back. Combs was fired in January.

Andrew Scott was first hired as a pre-trial officer on Aug. 16, 2005, according to personnel records supplied by the AOC.

Pre-trial officers are court employees responsible for interviewing defendants in jail and providing information to judges so they can set bond. They also monitor compliance for defendants on pre-trial release.

On May 1, 2007, he was promoted to supervisor, a job that paid $30,576. But barely three weeks later, Scott was demoted, AOC records show. He was allowed to keep his $2,784 a year pay raise.

On Wednesday night, Scott denied ever being demoted. He declined further comment.

Andrew Scott's demotion was the result of another appeal, said Prestonburg attorney Ned Pillersdorf, who represents Combs.

Pillersdorf said Andrew Scott, who had less than two years experience as a pre-trial officer, was promoted over a veteran pre-trial officer with 18 years experience.

He declined to identify the officer, but records from Combs' appeal shows that it is Tamara Van Hoose, who works in Magoffin County.

Van Hoose filed an administrative complaint in April 2007 when she heard rumors that Scott would be promoted over her, Pillersdorf said.

Internal administrative appeals are not public record because the court system is exempt from the Freedom of Information Act. AOC also refused to release Scott's application for employment.

Documents in the case were given to the Herald-Leader by Combs' attorneys, Pillersdorf and Joe Childers of Lexington.

Pillersdorf is the husband of former Supreme Court Justice Janet L. Stumbo. Scott defeated Stumbo for re-election to the Supreme Court in 2004 after a contentious campaign. Stumbo is now a Court of Appeals judge.

In May, Will T. Scott, Andrew Scott and Nemes denied allegations of wrongdoing to the Herald-Leader.

”This is a political vendetta, but it comes with the job and I understand that,“ Will T. Scott said.

Replied Pillersdorf, ”I have a political vendetta against anyone who violates the rights of my clients.

”I got into this case because two employees of AOC came to me because they did not get a promotion because of Scott and Nemes,“ Pillersdorf said. ”And Ms. Combs is basically being fired, and, in my view, to allow Will Scott's son to get preferential treatment.“

Scott was promoted, again, from pre-trial officer to a pre-trial supervisor on Jan. 1., this time in Perry County.

According to an appeal letter written by Pillersdorf, Andrew Scott allegedly told a court system employee, Jim Marcum, that he got an earlier promotion after his father met with Nemes.

But Marcum, when reached in May, denied ever making such a statement. He repeated his denial at a hearing in June, according to Wednesday's decision.

Andrew Scott originally agreed to an interview request with the Herald-Leader in May. But he changed his mind after speaking with AOC lawyers.

”Because of the ongoing legal issues surrounding a confidential personnel matter of which you are aware, the AOC Office of General Counsel has advised me that it is inappropriate to speak to the media at this time except to say that I have never asked my father to intercede on my behalf regarding employment with the Administrative Office of the Courts,“ Scott said in a statement released by AOC. ”Any statements to the contrary are inaccurate.“

Nemes said he was not aware of Andrew Scott's promotion until Combs filed the appeal. ”I didn't know that he got this job until this appeals stuff came on,“ Nemes said. ”Did he get the job because he's Scott's son? The answer is, to my knowledge, no. I don't know if a supervisor made a decision, but it certainly didn't come up to me like that. He got the job because he's qualified for the job.“

On Dec. 1, 2007, Combs accepted a voluntary demotion, according to personnel records.

On Jan. 1, Andrew Scott was promoted to Combs' supervisor position and got another raise. He made $34,836 a year as of May. Combs was then fired Jan. 22.

Childers, one of Combs' attorneys, said she took a demotion because she felt she was being harassed by supervisors. She was planning on retiring in May.

Will T. Scott said his son got the promotion on his own.

”Whatever Andrew does or gets in pre-trial services, he has to earn. I mean, that's just the way I am,“ Scott said.

According to letters filed in Combs' appeal, she was accused of misinforming Perry Circuit Court Judge William Engle III about the status of a defendant's drug tests.

Engle told the Herald-Leader that he's not aware of ever being misled by Combs. But he also acknowledged to the appeals board that he did not double-check her work.

Engle said he was satisfied with her performance and had never complained to the Administrative Office of the Courts.

According to the appeals board decision, Combs was also accused of falsifying drug tests and attempting to get a man out of jail for violating the conditions of his pre-trial release. Once he was released, Andrew Scott said, he saw the man eating dinner with Combs.

Combs, hired in May 1984, does not have a clean employment record. According to personnel records released by AOC, she received a three-month disciplinary probation and two-day suspension in 1995. She signed a letter of understanding in 2002 and was put on six months disciplinary probation in 2003.

She received a written reprimand in 2004, and another six months disciplinary probation that year. In 2006, she was put on six months disciplinary probation and was suspended three days. She was put on another six months probation again in 2007.

The records do not state why she was disciplined.

The appeals board recommended reinstating Combs because the evidence against her was presented after her termination. But Keller, who was asked to review the case because Nemes recused himself, said the AOC was justified in continuing its investigation of Combs after her termination. He said the evidence against her and her past employment history were reason enough to fire her.

The decision is the final word in the administrative appeal process. But Combs has the right to appeal the decision to circuit court. Childers said she has not decided yet whether she will appeal.

This story follows previous stories, similarly focused: