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Thursday, January 10, 2008

Governor Steve Beshear delivers on promised ethics reforms.

Here is the press release:

Governor Beshear & Executive Branch Ethics Commission Unveil Ethics Agenda

FRANKFORT, KY (January 10, 2008) – Gov. Steve Beshear and the Executive Branch Ethics Commission today unveiled an ethics agenda that includes a self-imposed limit to a governor’s pardoning power, ethics training and an ethics package to go before the General Assembly.

"I promised during my campaign that I would strengthen the integrity of state government," said Governor Beshear. "It is time that those who serve in the public sector are accountable to the people of the Commonwealth. That starts now with this ethics reform agenda."

Rep. Mike Cherry (D-Princeton) and House Leadership today joined the Governor to unveil this legislative package.

"As Chairman of the State Government Committee, I have been working on both the executive and legislative ethics reform and am pleased to sponsor this bill," said Rep. Cherry. "I foresee that this will be the first piece of legislation considered by the Committee and I look forward to its quick passage and sending it to the Senate for bipartisan consideration. I anticipate that since this bill only applies to executive branch personnel, not legislative members, it will see quick passage in the Senate as well."

In summary, the proposed ethics agenda introduced today includes:

I. Limiting Pardon Power

* Governor Beshear has changed the internal procedures so that no one can be pardoned who has not yet been tried and convicted of a crime and whose case has made its way through the entire legal process.
* The Governor is also aware of an effort in the House (HB 5 – sponsored by Rep. Darryl Owens (D-Louisville) and Rep. Rob Wilkey (D-Franklin)) which curtails the governor’s pardoning power and he believes it’s a reasonable approach to implement.

II. Ethics Training

* Gov. Beshear will issue a directive mandating ethics training for executive branch employees and organize a voluntary ethics training program for executive branch lobbyists.

III. Legislation Supported by Gov. Beshear & the Executive Branch Ethics Commission

* Requires appointments to the Executive Branch Ethics Commission be made on a rotating basis (a) by the Governor, then (b) by the Governor from a list of three nominees submitted by the Attorney General, then (c) by the Governor from a list of three nominees submitted by the Auditor of Public Accounts on a rotating basis.
* Attaches the Executive Branch Ethics Commission to the Finance and Administration Cabinet for administrative purposes, rather than the Office of the Governor.
* Increases penalties for violations of ethics laws.
* Broadens the application of ethics law to persons/positions not otherwise identified by executive order (volunteers, etc.) and to all salaried board and commission members.
* Includes the Executive Branch Ethics Commission as one of the state agencies to which employees may bring to the attention possible violations of law without fear of reprisal (whistleblower protection.)
* Regulates legal defense funds. To accept donations for a legal defense fund, a public servant must register the fund with the Executive Branch Ethics Commission; not accept donations to the legal defense fund by any person or business who does business with any state agency or who is a registered executive branch or legislative branch agent; file quarterly reports of donors and contribution amounts.
* Increases gift limitations per source from $25 to $50 for a single calendar year (relates to cost of living increase since the $25 limit was set in 1993.)
* Clarifies KRS 11A.080(2) to make it understood that investigations are confidential unless and until there is a final order by the Executive Branch Ethics Commission. Also authorizes the Commission to submit evidence to the Personnel Board for use by that agency.
* Allows the Executive Branch Ethics Commission to publicly confirm an investigation if he violations alleged were made public by another state agency and publicly referred to the Commission by that state agency.

"It is our goal to enact these changes and, in turn, increase Kentuckians’ confidence in their state government," said the Governor. "It is time for honest, moral leadership to be the norm in Frankfort and the first steps down this road begin with me."

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