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Attorney General Andy Beshear said his office has completed a review of publicly available data and determined that the governor’s Labor Cabinet may have failed to secure a single bond for any mining company operating in the state. Beshear’s review indicates that as many as 30 mining companies should have bonds on file, without which nearly 1,000 mining employees are at risk.
In a five-page report, Beshear said the Labor Cabinet has not only failed to enforce a state law that aims to protect four weeks of employee pay if their company shuts down, they actively tried to repeal it. The law (KRS 337.200) applies to certain businesses, including mining companies who have done business in the state for fewer than five consecutive years.
Beshear began his review following media reports that the cabinet failed to require the now bankrupt Blackjewel in Harlan County to post a bond. After the mine closed July 1, miners’ paychecks bounced and they have not since been paid. Beshear wanted to find out if other miners face the same risk.
“In response to Blackjewel’s closing, the Labor Cabinet claimed ‘there is no mechanism in law for them to figure out when a new company has opened in the state that is supposed to post a bond,’ but my office was able to determine this with publicly available information within a few days,” Beshear said. “The Labor Cabinet has an absolute duty to enforce the law and has utterly failed to do so. They must begin enforcing these bonds to assure no one ever goes through what the Blackjewel miners are going through.”
Beshear’s review included visiting the Energy and Environment Cabinet’s (EEC) website to study a publicly available list of mining licenses and the Secretary of State’s website to view each licensee’s business filing. Beshear’s office then compiled a list of licensed mining companies the EEC has authorized to operate in the state, and which have been doing so for fewer than five consecutive years.
Monday, Aug. 26, after a delay, Beshear received a response to his open records request for a copy of any bonds on file at the Labor Cabinet. Beshear’s office quickly concluded that the cabinet failed to secure any of the required bonds from mining companies.
The office also used the EEC Division of Mine Safety 2018 Annual Report to determine how many miners may be working at the mines operated by the licensees who should have been on file with the cabinet.
Beshear’s letter says the cabinet had various accessible ways to track and enforce the law, including working with other agencies and utilizing the cabinet’s claim to broad subpoena powers to investigate labor law violations.
Instead of enforcing the law, however, the Labor Cabinet took time to unsuccessfully attempt to repeal it, Beshear said.
At the March 1, 2018, meeting of the House Standing Committee on Economic Development and Workforce Investment cabinet officials testified in support of repealing the bond requirements. The bill passed committee, but did not receive a vote on the floor of the Kentucky House of Representatives.
“While the Labor Cabinet may prefer that these laws be repealed, it has a duty to enforce them while they remain on the books,” Beshear said. “The cabinet should use the many public resources we have identified to do so.”
Since Beshear learned of the troubling complaints surrounding the closing of the Blackjewel mine, he has taken action. Beshear previously instructed his office to use all of its powers and resources to seek answers for those who have been harmed.
Beshear has dedicated an investigator to look into complaints of clawed-back paychecks and concerns related to child support deductions and has reached out to local county attorneys on these same child support issues. Devoted mediators from Beshear’s office are available to help employees mitigate debts owed to individuals or businesses as a result of bounced paychecks.
Beshear also joined with Virginia Attorney General Mark Herring to ask for the immediate payment of all wages owed to Blackjewel employees. In their joint request to the Office of the United States Trustee July 16, the attorneys general cite the serious and ongoing financial harm experienced by miners in Kentucky and Virginia following Blackjewel’s haphazard bankruptcy.
Beshear asks anyone with complaints or information related to Blackjewel’s bankruptcy to contact his office at 502-696-5300 and ask to speak with Jan Velez. Beshear’s office will track and route each caller to the appropriate contact.
Gov. Matt Bevin released the following statement regarding the Kentucky Supreme Court’s unanimous ruling today that Attorney General Andy Beshear broke the law:
“The Supreme Court today unanimously held that Andy Beshear broke the law in awarding outrageous, uncapped state legal contracts to his friends and campaign donors. As Attorney General, Andy Beshear claimed that he is above the law and attempted to put his campaign donors ahead of the interest of Kentuckians in ongoing cases with opioid manufacturers. If allowed to continue, that practice could take millions of dollars away from Kentuckians who need it most and put it in the pockets of Andy’s largest campaign contributors. With today’s ruling, Andy Beshear can no longer engage in this type of soft corruption and will be subject to the same procurement laws and financial oversight as other state agencies. If Andy Beshear feels that he and his office are not competent to fight against the opioid manufacturers, he can still hire outside counsel, but he must do it legally.”
To view today’s 7-0 ruling by the Kentucky Supreme Court, click here.
Photo: Louisville Metro Council
The California Neighborhood is ready to come together with pride and unity as one of Louisville’s oldest communities when President David James (D-6) hosts the Annual California Day Celebration on Saturday, August 31st.
“The people of the California Neighborhood take one day in August to celebrate neighborhood unity and pride as one of the more established neighborhoods in Metro Louisville. It’s a spirit of togetherness pride and unity in the community,” says James. “On this day, the community welcomes back old friends and celebrates those who call this area home in the natural beauty of California Park.”
The 2019 California Day Celebration will be held from 1:00pm until 9:00pm. There will be fun activities for the kids and families with a bouncy house, tug-of-war and kick ball.
Free food will be served from 1:00pm to 4:00pm.
As for entertainment, WoWuWoo providing the music and there will be additional fun throughout the day.
Join President James as Sponsors of the event are the California Neighborhood Association, Brown Foreman, and Rumpke.
“As the summer winds down, the California Neighborhood is ready to come together, kick back and relax and enjoy an old fashioned neighborhood get together.”
All events are free and open to the public.
California Park is located at 1104 South 16th Street
If you would like more information about California Day, contact Councilman James’ office at 574-1106.
Jefferson County Attorney Mike O’Connell announced a new policy objective Wednesday to generally not prosecute possession of marijuana (“POM”) cases involving one ounce of marijuana or less when the possession charge is the only charge or the most serious charge against the individual.
“A prosecutor has the responsibility of a minister of justice and not simply that of an advocate,” O’Connell said, quoting the commentary on Rule 3.8 from The American Bar Association’s Model Rules of Professional Conduct and, its counterpart, the Kentucky Bar Association’s Rules of Professional Conduct. “As your County Attorney, I take that admonition seriously and that is why I must now act in regard to possession of marijuana cases.”
O’Connell cited the need for fair and equal enforcement of the laws and finding the best use of his office’s limited resources in exercising his discretion as a prosecutor.
“We will now devote even more time and attention to the serious, and potentially deadly, crimes involving guns, domestic violence and DUI,” O’Connell said.
A 2013 study found that black and white Americans use marijuana at the same rates, but black people are nearly four times more likely to be arrested for POM than whites. Earlier this year, The Courier Journal analyzed Louisville Metro Police Department data from 2010 to 2017 and determined that similar or worse disparities occurred locally when marijuana was the most serious charge cited.
“Its origin is likely not intentional or malicious, but that does not change the end result,” O’Connell said. “For me to truly be a minister of justice, I cannot sit idly by when communities of color are treated differently.”
O’Connell also highlighted KRS 218A.276, a state statute last amended in 2012, that allows an individual to have POM charges completely voided from their record—at potential no cost to the defendant—after 60 days.
“No one should see their future diminished over a charge like this, especially when there are available legal tools to wipe this from a person’s criminal history,” O’Connell said.
O’Connell researched different approaches that communities across the nation have taken with POM cases and developed his plan in recent months. In addition to charges involving possession of marijuana (KRS 218A.1422), the Jefferson County Attorney’s Office will also no longer prosecute illegal possession of drug paraphernalia (KRS 218A.500) in the following limited circumstance: when the item possessed is clearly only used for the inhalation/ingestion of marijuana.
The new objective does not apply to persons under the age of 21, and does not include cases involving any indicators of trafficking in marijuana; cultivating marijuana; driving while under the influence of marijuana; public display, use, or consumption of marijuana; or public intoxication as a result of marijuana.
Joining O’Connell for the announcement were leaders from the Kentucky’s social and racial justice community, including Raoul Cunningham of the NAACP, Sadiqa Reynolds of the Louisville Urban League, Michael Aldridge of the ACLU of Kentucky and Reverend Charles Elliott Jr. of King Solomon Missionary Baptist Church.
“These disparities and effects are not the problem of any one part of government, any one profession or any one people,” O’Connell said. “This is a problem that belongs to us all. In my role as Jefferson County Attorney, I can do more to develop reforms that avoid needlessly bringing people into the justice system. I choose to act.”
Louisville Zoo Keeper Alexis Williamson has been awarded the Lutz Ruhe Professional of the Year Award by the American Association of Zoo Keepers (AAZK). Williamson, who works in Gorilla Forest, was honored at the association’s national conference on Tuesday, Aug. 20 in Indianapolis.
The Lutz Ruhe Professional of the Year award recognizes outstanding commitment to professionalism. Williamson’s conservation efforts were specifically noted which include contributions to Plinko for a Porpoise and the Zoo’s flagship Black-Footed Ferret Conservation Center as well as generational record contributions for the gorillas housed at the Louisville Zoo. In addition, she has been a vital part of the formation of the Animal Enrichment Tree Program at the Zoo while serving on the enrichment committee. Williamson has been president of the AAZK chapter at the Zoo for 14 years.
See some outstanding artists at the 6th annual Waveland Art Fair Sept. 7-8 at Waveland State Historic Site in Lexington.
Guests can browse and shop with Kentucky artist artwork both days. Then take a walk through the historic home, where costumed staff will greet you. Enjoy lunch from Forage or Rise Up Pizza food trucks and special Kentucky fare from West 6th and Chrisman Mills Winery wine tastings.
The fair will be open Sept. 7 from 10 a.m. to 5 p.m. and on Sept. 8 from 11 a.m. to 5 p.m. Admission is $5 for adults and free for children under 12.
The Kentucky Arts Council will present a folk arts demonstration area and Perfoming Artist music stage, featuring traditional artists from all over the Commonwealth. Children’s activities from Living Arts and Science Center, Explorium and Girl Scouts will be offered throughout the event.
Kentucky folk artists demonstrating are:
- LaVon Van Williams, Lexington, woodcarver
- Art Mize, Lexington, luthier
- Donna Lamb, Lancaster, luthier
- Timmy Walden, Tompkinsville, marble maker
- Justin Roberts, Murray, willow furniture maker
Music on the Kentucky Folk Artists Stage
Saturday, Sept. 7
- Noon – Narrative stage interview with Lewis Lamb, Donna Lamb, LaVon Van Williams and Art Mize
- 1 p.m. – Cari Norris, Louisville
- 2 p.m. – The Partisans, Lexington
- 3 p.m. – Lewis and Donna Lamb, Lancaster, performance and old time jam
Sunday, Sept. 8
- Noon – Narrative stage interview with Timmy Walden and Justin Roberts
- 1 p.m. – A Girl Named Earl, Louisville
- 2 p.m. – Brett Ratliff with Nadia Ramlagan, Lexington
- 3 p.m. – Lewis and Donna Lamb, Lancaster, performance and old time jam
Each day the stage will open with a narrative stage, followed by two music performances, and end with a performance and open jam session hosted by Donna and Lewis Lamb. Art fair attendees will be encouraged to bring their stringed instruments and join in the old time music jam.
Waveland State Historic Site is located at 225 Waveland Museum Lane, near the intersection of Nicholasville Road and Man-O-War. For more information, call 859-272-3611.
Gov. Matt Bevin today recognized the sacrifice of a Kentucky sailor who died in World War II, but whose remains have just been positively identified.
The Defense POW/MIA Accounting Agency (DPAA) has announced that Navy Machinist’s Mate 1st Class Ulis C. Steely, 25, of Corbin, Kentucky, was officially accounted for on Oct. 15, 2018.
On Dec. 7, 1941, Steely was assigned to the battleship USS Oklahoma, which was moored at Ford Island, Pearl Harbor, when the ship was attacked by Japanese aircraft. The USS Oklahoma sustained multiple torpedo hits, which caused it to quickly capsize. The attack on the ship resulted in the deaths of 429 crewmen, including Steely.
From December 1941 to June 1944, Navy personnel recovered the remains of the deceased crew, which were subsequently interred in the Halawa and Nu’uanu Cemeteries.
In September 1947, tasked with recovering and identifying fallen U.S. personnel in the Pacific Theater, members of the American Graves Registration Service (AGRS) disinterred the remains of U.S. casualties from the two cemeteries and transferred them to the Central Identification Laboratory at Schofield Barracks. The laboratory staff was only able to confirm the identifications of 35 men from the USS Oklahoma at that time. The AGRS subsequently buried the unidentified remains in 46 plots at the National Memorial Cemetery of the Pacific (NMCP), known as the Punchbowl, in Honolulu. In October 1949, a military board classified those who could not be identified as non-recoverable, including Steely.
Between June and November 2015, DPAA personnel exhumed the USS Oklahoma Unknowns from the Punchbowl for analysis.
To identify Steely’s remains, scientists from DPAA used dental and anthropological analysis. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA,) analysis.
DPAA is grateful to the Department of Veterans Affairs and the Department of the Navy for their partnership in this mission.
Of the 16 million Americans who served in World War II, more than 400,000 died during the war. Currently there are 72,674 still unaccounted for from World War II, of which approximately 30,000 are assessed as possibly-recoverable. Steely’s name is recorded on the Walls of the Missing at the Punchbowl, along with the others who are missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.
For family information, contact the Navy Service Casualty office at 800-443-9298.
Steely will be buried Oct. 5, 2019, in his hometown of Corbin, and Gov. Bevin will order flags lowered to half-staff in his honor on that date.