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Sunday, October 05, 2008

We Can't Forget About The "CESSPOOL" Now, Can We? Read More.

Friends stand by ex-transportation secretary Nighbert, who is accused of bribery
Ex-transportation secretary now faces bribery charges

By Stephenie Steitzer

WILLIAMSBURG, Ky. -- Bill Nighbert's sprawling country home sits atop a hill that overlooks the town of Williamsburg.

It's a fitting perch, given that for 11 years he oversaw the city of 5,000 as its mayor and a key civic activist -- Little League coach, small-business owner, booster club president, church member and bank board member.

"Bill Nighbert has done so much for us," said Marcella Mountjoy, another former mayor who once was Nighbert's high school biology teacher and next-door neighbor.

Editor's comment: No we can't.

It is a comment echoed throughout this small southeastern city in Kentucky, even as Nighbert, 57, faces federal charges, including bribery, for allegedly tampering with the state's bidding process for road contracts.

Nighbert, the state's former transportation secretary, is accused of helping leak confidential cost estimates on road projects to one of Kentucky's most politically influential contractors, Leonard Lawson.

If convicted, he could face a prison sentence of up to 50 years and a fine of $1.5 million.

Lawson and Nighbert -- along with the third person charged in the case, Lawson employee Brian Russell Billings -- pleaded not guilty earlier this month during their first court appearance in the case.

Nighbert did not return calls seeking comment for this story. The federal case marks the third time Nighbert has been indicted on allegations of wrongdoing while serving as former Gov. Ernie Fletcher's transportation secretary.

In 2005 Fletcher pardoned Nighbert and others in his administration as part of a merit system investigation in which they were accused of illegally making personnel decisions on the basis of politics.

A later charge against Nighbert -- for allegedly punishing a female whistleblower in the case, and telling her that in his younger days he might have "socked her in the mouth" -- was dismissed.

Friends and former colleagues of Nighbert say his portrayal as a bully during the merit scandal is not the man they know.

"I cannot imagine him ever speaking of violence toward any person, particularly a woman," said former Education Cabinet Secretary Virginia Fox. "He is a quintessential gentleman."
Starting at the bottom

Mountjoy remembers the younger Nighbert as a good student who played football for Williamsburg High School. He, his parents and two older brothers were active in the First Baptist Church.

"I felt growing up that he could've done just about anything he chose to do," she said.

Nighbert attended three colleges but didn't receive a degree. He returned to Williamsburg and went into the cable television business with his father, Kenneth.

He got his political start as Whitley County treasurer, then Williamsburg city administrator, before winning election as mayor for the first time in 1993.

On his resume, Nighbert lists as his accomplishments the construction of a sewer plant, floodwall, senior citizens building -- and the $6 million Kentucky Splash Waterpark, at the Hal Rogers Family Entertainment Center.

Current Mayor Roger "Roddy" Harrison said the park brought in about $900,000 in revenue last year and breaks even on operating expenses. The city kicks in $252,000 a year from the city's hotel and restaurant tax to make bond payments, said Harrison, who describes Nighbert as "a very progressive mayor."

While serving as mayor, Nighbert also was actively involved in 5th District Republican politics. He established a connection with Rogers, the area's powerful GOP congressman, and campaigned for Fletcher and Senate President David Williams, a Burkesville Republican whose district includes Williamsburg.

Nighbert and his wife, Susan, have made several campaign donations to Williams and Fletcher.

"He was pretty active in all the campaigns for the Republican Party," said Corbin resident Nelda Barton-Collings, who served as Republican national committeewoman for Kentucky for 28 years.

Williams said Rogers suggested that he get to know Nighbert during one of his state Senate re-election campaigns.

"I asked for his support and he supported me," Williams said. "As mayor, we got to know each other and we are friends."

Soon after taking office in 2003, Fletcher appointed Nighbert as deputy commissioner of the Department of Local Government.

He later moved to the Transportation Cabinet to be commissioner of the Department of Intergovernmental Programs, overseeing the allocation of more than $200 million in state road aid sent to cities and counties.

In March 2005, Fletcher named him acting transportation secretary, and he was given the permanent job in November of that year.
Cabinet politics

Fox described Nighbert as quiet and reserved, not a "rabid partisan."

And during his tenure with the state, he was credited with pushing a seat belt law that was controversial among some Republican members.

"He took a stand on that issue before the governor did," said Jack Fish, president of Kentuckians for Better Transportation.

But documents show that the Transportation Cabinet was extremely political during Nighbert's tenure.

Just before Nighbert was named interim secretary, replacing retired Air Force Lt. Gen. Clay Bailey, he wrote in an e-mail that cabinet leaders who were insisting on following the hiring law were "slow learners" and "should be taken out of the gene pool."

During Nighbert's tenure, the cabinet kept a "hit list" that marked certain employees for termination, demotion or transfer, according to the indictments against Nighbert and others in the administration.

Before Nighbert left office, the cabinet approved an unusually large change order that added nearly $11 million to a highway project in the Senate district of Williams, for whom he later went to work.

Williams has said he requested the change order, later rescinded by the Beshear administration, to address safety issues.

Officials in Williamsburg, the Whitley County seat, credit Nighbert with getting major road projects in town under way. That includes the widening of U.S.and 25W, near Nighbert's home and some of his business ventures, and a new Interstate 75 interchange at Ky. 92.

"If you would talk to a lot of people in Williamsburg they would say the same thing: He did a lot for our county while in transportation," Mountjoy said.
After Fletcher

Last January, Williams hired Nighbert to work as a legislative aide for Senate Republicans during the regular session, advising them on transportation issues.

State Sen. Tim Shaughnessy, D-Louisville, praised Nighbert's work in the Senate during the session. He said Nighbert reached out to him when he was trying to draft amendments to Williams' proposed road-toll legislation.

"David wasn't exactly what I would call receptive to that, but Bill was very cordial," Shaughnessy said. "He was a wealth of information."

While he was working for the legislature, the federal indictment alleges, Nighbert received $67,251 from Lawson, disguised as payments under an employment contract with a utility management company.

An FBI affidavit filed in the case said investigators believe the company was "the conduit for Lawson to reward Nighbert for his assistance" while he was transportation secretary.

After leaving the administration, Nighbert did not return to Williamsburg to live and work. Instead, he, his wife and young son live in a Lexington townhouse owned by his brother.

Their five-bedroom, five-bathroom Williamsburg home is now on the market, listed at $349,900.

Nighbert, an avid hunter, still co-owns two farms, one in Washington County with his brother, and another in Williamsburg with a group of partners.

He also retains ownership in a limited liability company with his brother and three other partners.

Sunshine Valley LLC owns three gas stations in Williamsburg and led development of a subdivision.

Two of the three gas stations, however, are closed, and Sunshine is being sued by Childers Oil Co. of Whitesburg for non-payment, and by First State Financial of Middlesboro for defaulting on a loan.

Local residents say the gas stations, one of which is near I-75, began struggling when nearby Tennessee introduced a lottery in 2004, competing with their sale of Kentucky lottery tickets.

Childers' attorney Greg Schaaf said Sunshine owes his client more than $160,000. The bank claims the group defaulted on a $2.7 million loan, bank attorney Pete Cline said.

Nighbert's attorney Howard Mann and one of Nighbert's business partners, Alvin Sharpe, declined to comment on the lawsuit.

Despite his legal problems, friends stand by their assessment of Nighbert as an honest person.

"I just do not see Bill get involved in any kind of bribery," Williams said. "I will be deeply disappointed if he's done anything like that."

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