The headline in scintillating: "Job memo cites effort to oust Democrats". But does the headline live up to the hype. The memo is part of the bill of particulars released by the Attorney General's office. The article itself rehashes the case highlighting one part of the document instead of reviewing the actual document. Therefore, we will break the particulars down and see what the case against Fletcher really is.
Count 1 - Criminal Conspiracy
1. Fletcher created the Local Initiatives for a New Kentucky (LINK)
2. LINK was used to "vet" the names of current and prospective state merit employees for appointment, promotion, demotion and transfer based upon political affiliation or opinion. Here is my first problem with this case. I understand that employee promotion or demotion based on political affiliation is covered under the law. I didn't see anywhere in the law that states that opinion is protected. That seems a interesting interpretation of the state's laws.
3. The have evidence that supposedly removes any doubt that a conspiracy existed for the purpose of replacing Democrats in merit positions. Here we get the "memo" from Willard Hansford which is the "smoking gun".
Support for Governor Fletcher remains strong. Many contacts have been made this week concerning employment with state government. Constituents are ready to fill vacant merit positions and replace Democrats in both merit and non-merit positions.
The problem is that this memo is created by one of the regional directors of LINK in the Cumberland area. Out of all the thousands of documents the prosecutors procured they found 1 document which states replacing Democrats in merit positions. I have a number of questions. Is this document of an underling stating the policies of the entire LINK? Was he even aware of merit laws for state government employees? Did he make a simple mistake? Even if it was deliberate, an underling does not set the policies for the entire organization and such should not be taken as evidence to the contrary. So this document is at best a tenuous link and not at all "evidence that removes any doubt" as the prosecutors would have us believe.
4,5,6,7 - Pre-selection of Maggard and Montgomery
These are the most bizarre sections in the particulars. Here we have Fletcher meeting with a campaign fund raiser and acquaintance, Maggard. In the meeting Maggard wants to talk about an opening of a merit position. Fletcher said he would see if he could help him.
Others in the administration want to see Murgatroyd in the position that Maggard was seeking. They broker a deal that Fletcher signs off on where Murgatroyd gets the position but Maggard gets promoted to Administrative Section Supervisor.
Let me see if I understand this one. Since Fletcher fails to help someone get a job he wants, Fletcher is guilty of merit law violations? On top of that what is wrong with people putting in a good word for others they know. That happens everywhere and no one rightfully would consider it illegal. These four points are just bizarre.
The Governor's Personnel Initiative
8. Governor Fletcher has Grooves find someone to focus on personnel issues (8/18/04)
9. Grooves works with Bob Wilson to develop Gov's Personnel Initiative (8/04 - 10/04)
10. Grooves and Fletcher to decide on personnel director at Transportation Cabinet (9/8/04)
11. Grooves and Wilson interview people for the job (9/04 - 12/04)
12. Grooves asks Reeder to temporarily head KTC personnel department (9/04)
13. Fletcher asks Grooves about Reeder. Groves responds "I think Steve would probably do a good job... but it would be the same as Tommy, in the sense that we would still have a Dem hiring and rejecting our people." (9/9/04)
14. After meeting with Grooves, Fletcher asks Reeder to help with personnel issues at KTC. At this point, this seems to be a problem for the prosecution since Fletcher appears to have no qualms about asking a Democrat to lead up personnel issues at KTC. (9/10/04)
15. Grooves interview Druen for the liaison job. (11/15/04)
16. Grooves acting under Fletcher's authority directs Wilson to develop a training program for people selected to work for the Governor's Personnel Initiative. Ok, so now since Fletcher asks Grooves to develop a training program, he is responsible for the results of that program? That seems a weak link. (5/04 - 11/04)
17. LINK officials and others within the office of Governor supposedly engage in a systematic process of political patronage involving merit employees. Notice that it is people working for the Governor and not the Governor who is supposedly breaking the laws. So far the evidence doesn't show any sort of conspiracy by the part of the Governor. (8/04 - 11/04)
18. Fletcher was updated on the status of job requests in the KTC made by Darrel Brock. (9/19/04)
19. Hamm participates in a heated conversation with Disponett and Brock why a particular female had not been hired. Hamm told Brock she wasn't qualified. Brock said "When I give you a name I speak for the Governor". At a follow up meeting Hamm shows an ethics commission advisory opinion stating that this type of recommendation was improper. Disponett responded with "If we hire the most qualified people how are our people ever going to get hired" (Fall 04)
Personally, this sounds more like a power trip play by Brock and Disponett than a direct order from the Governor. Especially since Brock is head of the state Republican Party. This makes it even more disgraceful that Brock didn't step down as party chair.
20. Fletcher meets with Grooves and Brock about personnel issues. These issues are described in handwritten notes by the Governor's assistant as "pretty hot right now". (10/04)
Brock is pissed off about the hiring situation at KTC and brings it to the Governor. Since Brock is the head of the state party, Fletcher tries to calm him down and placate him. Thus the notes about the situation being pretty hot. That doesn't mean that Fletcher did anything about it.
21. Greenwell prepares booklet on violating merit laws which he gives to Fletcher because he feels some in the administration might be violating the laws. (11/04)
22. Wilson sets goals for Governor's Personnel Initiative which involved providing hiring lists to LINK who would coach candidates and help them through the process. (11/3/04)
OK, so Wilson sends out information to LINK on helping constituents get jobs with the state. I don't see anything wrong with this.
23. Fletcher appoints Cave chief of staff and keeps Grooves as a senior adviser to allow him to continue working on personnel issues (11/10/04)
24. Doerting resigns as Director of Personnel at KTC because he feels that administration officials have acted in a way that is "inconsistent with the spirit and intent of the merit law". (11/19/04)
It is interesting to note that he said spirit of the law and not that actual law. This inclines me to believe that he thought the administration was skating on thin ice but hadn't crossed the line.
25. General counsel for the Personnel Cabinet sends copies of Ethic advisories to Wilson and Grooves that states that the Governor's office can not be used for political patronage. (11/22/04)
26. Fletcher sends email that says that Turbyfill will be the new head of the Personnel Initiative and describes him as someone who would be "willing to do what I ask of him". (11/28/04)
Of course this implies that he would be asked to break merit laws. This is a bit ambiguous and I am guessing done so intentionally to provide a suspicion of a conspiracy and to make Turbyfill out to be a "yes" man. That way we can believe Fletcher ordered Turbyfill to break the law.
27. Fletcher has meeting on personnel issues (12/3/04)
28. Grooves updates Fletcher on status of initiative (12/7/04)
29. Fletcher holds cabinet meeting where he gives Turbyfill the authority to implement personnel goals. (12/10/04)
30. Kickoff for the Personnel Initiative. Turbyfill makes statements regarding the pressure of people seeking jobs from the Governor. There job is to relieve the pressure and get "our people" hired. (1/6/05)
Two things. It sounds like the goal of the initiative is to take Fletcher out of the loop in regards to hiring decisions. That would mean that Fletcher could not possibly be part of a conspiracy. Secondly, the prosecutor continues to use the term "our people". But the meaning of those words is at best ambiguous.
31. LINK is directed to send lists of candidates directly to the cabinets to "streamline" the process and make sure that it is "effective and accountable" (1/20/05)
Again we seem to be moving further and further away from the governor.
32. Turbyfill and Wilson conduct weekly meetings with personnel liaisons at each cabinet. During these meetings the liaisons were advised to hire "good Republicans" and "our people". The goal would be to reduce Democratic influence in state government. (1//17/05)
What does this have to do with Fletcher? Also, does this mean "good Republicans" is not the same as "our people"? See what I mean by ambiguous.
33.Turbyfill and Wilson advise liaison's to provide weekly job lists to the people at LINK. Hamm thinks this action is illegal so Annear and Ritter suggest seeking an opinion from the personnel cabinet. (1/26/05)
34. Ritter advises Brock that LINK connection with personnel was improper. (1/26/06)
35. Jim Host appears at meeting and tells everyone to fall in line with the initiative and ignore Hamm.
36. State merit employees were supposedly appointed, promoted, demoted, transferred or dismissed based upon political affiliation or opinion. (1/05 - 5/05)
Again we get this weird "or opinion" part in the prosecutor's wording.
37. Ritter directs LINK reps to not participate in personnel activity. (2/06)
This seems to happen shortly after the opinion from the personnel cabinet
38. Murgatroyd assumes Deputy Chief of Staff (2/22/06)
39. Fletcher directed, authorized, or otherwise approved promotions of Hazlette and Dreun within the Transportation Cabinet. (3/10/05)
Wait a second. There is a huge distinction between directed and "otherwise approved". One means direct involvement while the other could mean implicit approval. That ambiguity is very misleading which I am sure was intentional.
40. Druen takes over as Executive Director of Personnel (3/10/05)
41. KTC personnel admin Otis Reed was fired by Cave. (3/15/05)
42. KTC Secretary resigns (3/22/05)
43. Nightbert is appointed acting Secretary of KTC (3/22/05)
44. Nightbert appoints Adams, Druen, and Hazlette (3/05)
45. Ritter meets with Cave and Fletcher and advises them on how LINK has no business being involved in personnel and has removed LINK reps from that duty. (3/05)
46. Ritter's job functions were supposedly remove (4/05 - 6/05)
47. Nightbert instructs Druen to compile a list of KTC employees for adverse employment actions. (4/05)
48. Nightbert, Druen, Hazlette, and Adams review the list (4/25/05)
49. List was given to Fletcher. The contents were discussed with Turbyfill (Not Fletcher) following the meeting. (4/26/05)
50. Duncan, an employee on the list, was dismissed. (5/13/05)
Since Fletcher was given a copy of the "list" we are to now assume that he gave the orders to fire Duncan. Just because he was given a copy of the list does not mean he did anything about it. That is just speculation on the part of the prosecution.
Count 2 - Official Misconduct in the First Degree
This is only the case if Fletcher is found guilty of the previous count.
Count 3 - Prohibition Against Political Discrimination
Since Fletcher was given a copy of the "list" of people compiled by Druen, he approved the firing of Duncan. According to David Ray that when questioning Nightbert about the dismissal Nightbert said "Its not what he wanted but what the Governor wanted". Therefore Fletcher ordered the firing. On the surface this explanation looks plausible, but given the rest of the information of the case this seems highly unlikely. It seems to me that Turbyfill gave the order to commence the firings and not Fletcher.
Bottom Line
After the election, Fletcher was inundated with requests from Republicans for jobs since this was the first time in 30+ years that jobs in state government were open to Republicans. Not wanting to deal with the party, he pushed personnel decisions off to members of his staff. Fletcher's mistake was keeping personnel decisions in his office at all. This gave the appearance of impropriety.
Now the prosecutor's case appears a bit weak. They try to link the LINK program to Fletcher as part of a grand conspiracy, but it appears the LINK program stopped personnel activities as soon as they received an opinion from the personnel department. Thus nothing improper happened in those transactions. The rest of the case points to possible wrong doing by members of the Fletcher's staff, but fails to make a connection between Fletcher and the actions from members of his staff. Instead we are treated to allusions of Fletcher being part of a grand conspiracy that didn't seem to occur. The reality of the situation is that Fletcher is Governor. Which means he has a lot of things going on trying to manage all aspects of state government. Which in turn makes it hard for me to believe he was deeply involved in a conspiracy to break the merit laws.
The more I read about the details of this case, the weaker I believe the prosecution's case is, and the nuttier the Courier's headlines get.