Kentucky Law Review

HL and CJ News: Judge tosses gerrymandered districts, filing deadline extended, while 22 legislators cut and run

These two stories go hand in hand.  One involves the court challenge to Kentucky's new redistricting aka gerrymeandering.  The other addresses the number of legislators not running for re-election, presumably a result of the gerrymandering for political purposes (sorry, gerrymandering is political).

For what it is worth, when you mess with anothers right to vote and dilute it by the numbers, postpone it for an election cycle, or move it to another area and lose your representative, it is and will be scrutinized.  Disenfranchising citizens is wrong, even when its a matter of degrees of disenfranchisement that falls short of the one-man/one-vote or Jim Crow laws.

Here they are:

Judge tosses new boundaries for state legislative districts
Kentucky.com

A judge has declared Kentucky's newly-drawn legislative districts unconstitutional and has ordered election officials to use previous district lines in this year's state legislative elections.

Franklin Circuit Judge Phillip Shepherd on Tuesday tossed out boundaries that lawmakers approved and Gov. Steve Beshear signed into law last month. The ruling was a victory for House Republicans and Democratic state Sen. Kathy Stein of Lexington, who challenged the constitutionality of House Bill 1.

Shepherd also extended the filing deadline for legislative candidates to 4 p.m. Friday, which gives legislative leaders time to decide whether to appeal to the Kentucky Supreme Court.

Read more here: http://www.kentucky.com/2012/02/07/2059443/judge-grants-injunction-against.html#storylink=cpy

Read more here: http://www.kentucky.com/#storylink=cpy

Kentucky legislators won't return next year
Louisville Courier-Journal
They are expected to increase their advantage after redistricting. Among the contested Senate races, one is Jefferson County's 37th District, which Clark now represents. But he can't seek re-election because he no longer lives in the district.

CJ News: "Bud Schardein departs from MSD" and what about that sweetheart of a trust?

Just a thought on the retirement of Bud Schardein.... If there is any question on the propriety or legality of his incentive bonus to stay on, then why not attempt to get it back?   If public office is a public trust, and funds are dispensed under the umbrella of a conflict of interest, then those imbued and in the heart of that conflict should not get to keep the money.

Should a trustee be entitled to award him/herself a large fee and keep it? 

Here is the Courier Journal story:

Bud Schardein departs from MSD

Bud Schardein has retired from Metropolitan Sewer District, MSD spokesman Steve Tedder said on Thursday. Schardein served as executive director from 2002 to Dec. 16, 2011, the day of the release of a highly critical state audit.

This is not my first foray into this area questioning the expenditure of public and quasi-public funds.  And there are more funds to look at to recoup. I am not saying there is necessarily a basis, but I do know the question should be asked and the matter the subject of an inquiry by those in the know and with the authority.

See,  Op-Ed: What is being done to recover some of the money leaks at the Metropolitan Sewer District? from January 20, 2012 of the Kentucky Law Review.

CJ News: "Judge delays filing deadline for Kentucky legislative candidates"

This judge is definitely a good shepherd.  And, yes that is his name, too.  Here's the story in the CJ:

"Judge delays filing deadline for Kentucky legislative candidates

In a move that could bring even more disarray to an already chaotic legislative session, a judge on Tuesday extended for one week the filing deadline for this year’s legislative elections while he decides whether the redistricting plans approved by the House and Senate are constitutional."

MSPRC News Update - Self-service Info Feature (calling 'em)

  MSPRC Self-Service Information Feature

The MSPRC is adding a Self-Service Information feature to its Customer Service Line.  This new feature gives callers the ability to get the most up-to-date Demand and Conditional Payment amounts as well as the dates those letters were issued without having to speak with a Customer Service Representative. Some additional benefits include:

• Extended Calling Hours – This new feature is available 24 hours a day, 7 days a week. Callers can now get case information outside of the MSPRC Hours of Operation.
• No Wait Time – With the Self-Service Information Feature, there is no wait time to get case information. Callers no longer have to experience the wait time associated with speaking to a Customer Service Representative.
• Unlimited number of cases inquiries on one phone call – Callers involved with multiple recovery cases can request information on additional cases with the same call.

Callers will need the following information to utilize the Self-Service Feature:

• Case identification number (found on all MSPRC correspondence)
• Beneficiary’s date of birth
• First five letters of the Beneficiary’s last name as it appears on their Medicare card
• Last 4 digits of Beneficiary’s Social Security number (or full Medicare number)

 The Self-Service Feature goes live on September 30, 2011.

 

Please continue to visit www.msprc.info as new tools & resources are available to assist you in the recovery process.

Dollar signs abound in Judy Green ethics battle with the taxpayers picking up most of the legal tab.... and all the bills are not in... yet.

Recent Courier Journal story shows how green the Judy Green hearings really were, and it looks like they will be getting greener yet with the taxpayer funding the legal fees following Judy Green's ethical shenanigans.

Here is a link and extract of the story:

Judy Green's legal bills mount to $77,000 and counting

The legal bill for Louisville Metro Councilwoman Judy Green's ethics hearings this summer will cost taxpayers more than $77,000 — with more attorney costs to come for Green's expulsion hearing last week.

And the biggest chunk — more than $53,000 — is for Green’s defense.

In all, three attorneys and a retired judge were on the public payroll for the various Green proceedings, which included two Ethics Commission hearings and the removal hearing by Green’s Metro Council colleagues.

The provision to pay for private lawyers to consider cases involving ethics complaints involving public officials was written into the city’s new ethics ordinance, which was passed by the Metro Council last year. The Jefferson County Attorney’s Office couldn’t defend Green because it represents the council as a whole, not individual members.

Jefferson County Attorney Mike O’Connell, for example, eventually served as a legal adviser to the council during Green’s removal hearing.

Republican Kelly Downard, who was chairman of the Council Court, which was made up of the 20 council members who served as the jury in Green’s removal hearing, said having the provision in the ordinance for a taxpayer-funded lawyer is “a protection that is critical.” * * *

Green’s defense during the Ethics Commission hearings cost $53,153.90. That total is for work by the Reed Wicker firm, which was appointed in January by the Jefferson County Attorney’s Office. * * *

James Earhart, who served as the investigating officer during Green’s ethics hearings, which meant he was the prosecutor in both hearings, was paid $125 per hour for 108.9 hours.Earhart’s bill of $13,950 included a $350 reimbursement for out-of-pocket expenses associated with the hearings. * * *

Retired Jefferson Circuit Judge Tom McDonald submitted a bill for $9,781.25. He served as hearing officer for the Ethics Commission, which means he played the role of judge in those proceedings. * * *

One more large legal bill has yet to be submitted — from Gregg Hovious, who was hired by King in May to advise the Metro Council on whether it should initiate the removal process against Green. Hovious was then hired to prosecute Green during the expulsion hearing. * * *

The only attorney to work on the case and not be paid with public funds is Derwin Webb, who was hired to defend Green during the expulsion hearing. The ethics ordinance does not call for a publicly funded defense during those proceedings.

Cops, cameras, and "you shoulda been in pictures" - Kentucky looks like only state that denies access to recordings made by police-cruiser cameras

from the open government blog.

As you might guess the police cruiser cams may be useful in other areas of practice too.  I had a case involving an accident by a university security vehicle running a red light.  Although, the video was obtained during the course of discovery, slowed down to show the impact and lights, and used at mediation, what if I had requested and/or needed it pre-suit???

Kudos to Al Cross, but I am "borrowing" his post en toto for readers to have access.

Kentucky looks like only state that denies access to recordings made by police-cruiser cameras

Kentucky appears to be the only state that denies public access to recordings made by cameras in police cruisers. Scott Wartman of The Kentucky Enquirer discovered that this week as he followed up on the guilty plea by Covington City Commissioner Steve Frank for driving under the influence.

"Open-records laws across the country compiled by the Reporters Committee for Freedom of the Press show that only in Kentucky is the public not allowed to view video of DUI traffic stops," Wartman writes. "First Amendment experts say they don't know of any other state with an exemption for DUI videos," and some think the law "raises constitutional issues and violates the public's right to know." Making cruiser recordings available "serves as an important check on police abuse," David Hudson, a scholar at the First Amendment Center at Vanderbilt University in Nashville, told Wartman.

The law was passed in 1984 with major changes to Kentucky's DUI law. The sponsor of the bill, then Sen. Henry Lackey, told Wartman that he didn't know why. "I don't remember anyone bringing that issue up," said Lackey, now deputy state aviation commissioner. Jon Fleischaker, attorney for the Kentucky Press Association, told Wartman, "Although I don't know for certain, my guess is it was done out of some misguided sense of privacy and some concern for how the thing could be used." He said the law could be challenged on constitutional grounds if a recording is used in a case. "Let's say I'm a defendant who is wrongfully accused and I want to show the public the tape," he said. "Why shouldn't I be able to do that?"

 

Some recent stories on health care, children and insurance to cause pause to think

Two recent stories make me wonder about the new proposed health insurance changes coming down from the federal government and some of the unintended consequences. 

The first story shows that the children would have paid the price if the insurers had their way but for government regulatory intervention AT THE STATE LEVEL!

• Kentucky orders insurers to sell child-only health policies (58) (11/18/10)

The next two stories from the New York Times reminds us that the system may not be ready to handle the additional insureds and that the responses by some in the other story shows mergers may be seen as a solution.  However, I never thought that adding all those insureds could overload the system, and if so, what have those in need of medical treatment been doing??  This should be a wake up call that we need to not only address the needs of providing some methods for the uninsured to be treated but when they get to the medical provider there is a provider to see them!!

Consumer Risks Feared as Health Law Spurs Mergers

Nurses’ Role in the Future of Health Care

 

From the Courier Journal: Too Tall Tower Seeks Zoning Variance. Why now? and Why - Story: "Tower seeks zoning approval to be as tall as it is"

Incremental zoning changes seem to be the rule around Jefferson County starting with a series of changes until the owner gets what they want or what they need.  How many times do you know of a property's zoning being changed from one class such as residential up through to commercial with changes to height, density or whatever since it just does not seem that much of a change from before.

Then, when all is said and done the end change from the first change is monumental and may increase the value of the property substantially from what it was originally.  The result is that buying property at one price and then obtaining changes to the zoning or restrictions which favor commercial development is not a bad investment IF you know the zoning and variance process.

Now what does that have to do with the following story where the National City Tower is about to be sold and now needs a variance to complete the sale because the original variance allowed an increase in height when built but now it turns out to have been built taller than allowed?

The seller says please, please, please allow the variance to allow us to sell the property.  No one is objecting now, but who would???

Look at the original rules for the variance for height and density and set-backs from the road and see if there is a reason for the variance other than allowing a seller to make a profit.

I am not familiar with zoning that much, but you would think the change to allow a sale and thus a profit ought to benefit the city, the neighbors and the community rather than simply to line the coffers of the seller only.  How about some fines?  Big fines!!!

Just a suggestion for some creative ways to increase revenue at the expense of those who do not follow the rules and then ask to be allowed to profit by the mistake.

What was that old saying?  "It's easier to get forgiveness than permission?"  Well, it is not only cheaper but more profitable too.

Why are businesses permitted to hold government and the public hostage in both down and up times for the economy?

Now for an even tougher question.... Which regulator or regulating authority missed the extra height on the building and did nothing for sooooo many years??

As two separate comments stated at the CJ -

Amazing that this is a story and that any zoning variance is needed since the building has been standing for 40 years. It also shows that zoning is arbitrary and many times useless. If they limit something and that something is beyond the limit but does no harm, what was the purpose of the limit in the first place? Just another exercise in government bureaucracy.

AND

I wonder if the building was measured back in 1972 to find out how tall it was. Surely, if they did, they couldn't have been off by 10 feet. I would love to have been a fly on the wall during that conversation: Sir, I'm sorry to inform you that your building doesn't meet code because it's too tall. Now we can handle this two ways -- one is to shave ten feet off your brand new building and the other involves unmarked bills in a plain brown wrapper . . ."

Here is the CJ story:

Tower seeks zoning approval to be as tall as it is

Read Comments(21)    Recommend

The owners of National City Tower, who have a deal to sell the 40-story building, are seeking a zoning variance permitting the structure to be as tall as it is — 505.3 feet. That's a bit more than the 495-foot height that was authorized before the building opened in 1972.

 

LEXINGTON Lawyer Adam Edelen files to run for Ky State Auditor

From the Courier Journal:

Lexington man Adam Edelen begins 2011 run for auditor

Adam Edelen filed papers with state election finance officials Friday to begin a campaign for state auditor in 2011.

 

LOUISVILLE: Ford saves nearly $1M in Jefferson County tax dispute win

From the Courier Journal:

Ford saves nearly $1M in Jefferson County tax dispute win

A state tax board has ruled in favor of Ford Motor Co. in a two-year dispute with Jefferson County over how much tax it owes on the Kentucky Truck Plant in eastern Jefferson County. If Ford had lost the case, it would have had to pay almost $1 million.