Wanted: Candidates with 'fire in the belly'

Enchanta Jackson questioned Richmond City Councilman Robert Blythe. Students from Berea College studying diversity in elections helped LWV with the workshop. View and/or download their research paper Gender and Racial Diversity in Kentucky's Public Offices. Elizabeth Crowe (left) and Joe Gershtenson welcome keynote speaker Eleanor Jordan to the LWV Running for Office workshop.

A diverse and enthusiastic panel of speakers treated 40 or so equally diverse and enthusiastic potential candidates to advice, analysis and inspiration during the League’s Running for Office workshop at EKU’s Perkins Building Nov. 22.

“Make sure you have a fire in your belly,” advised Eleanor Jordan, executive director of Kentucky Commission on Women and a former state legislator from Louisville. “Passion is a must. Voters will see through a reluctant candidate.”

It wasn’t the “glamor” of office, but an effort to save a Queen Anne Victorian home in her neighborhood that led to Jordan’s first campaign. When the incumbent alderman showed no interest in the issue, Jordan launched her own campaign for Louisville city government. She lost by 97 votes, but gained the attention of veteran state Rep. Leonard Gray, who encouraged her to run for his seat when he retired.

While she was being sworn in as a state legislator — the only African-American female among 138 members, she had a “deja vu” moment of looking down at the House floor from the visitor’s gallery on a school visit when she was 12 years old.
“I remember not seeing anyone that looks like me,” she recalled. And she pledged to give a voice to both blacks and women whose representation in the legislature were minimal.

Her victories over three terms in the legislature ranged from the commonplace--securing a women’s rest room on the Third Floor to the significant -- passage of a women’s health bill that would require insurance companies to pay for such items as reconstructive breast surgery following a mastectomy.

Jordan was the leadoff in a lineup that included Kentucky political strategist Dale Emmons, Lexington at-large Councilwoman Linda Gorton, Madison County Clerk Billy Gabbard, Richmond City Councilman Robert Blythe and District Court Judge Brandy Oliver Brown.



Joe Gershtenson , director of EKU’s Institute for Political Governance and Civic Engagement .moderated a panel discussion which included Lexington at-large Councilwoman Linda Gorton and Richmond City Councilman Robert Blythe


Blythe actually lost two early races for city commission, one by only 11 votes. When he examined voter registration rolls after his defeat he was discouraged when he saw the names of “50 or so of my friends who didn’t vote because they took it for granted that I was going to win.”

Those defeats in the 70s discouraged him from running again until he had a conversation with a retired pastor in Winchester who had served in the Winchester city council. That pastor told Blythe: “You need to let younger blacks know what they can do. You need to open that door for them.”

Face-to-face with voters
Linda Gorton, a working registered nurse, stressed the importance of a grass roots campaign. When she launched her campaign for Lexington-Fayette County’s Urban County Council, she and her husband and children went door-to-door several times.

“What people want is someone who will listen to them, hear what they are saying,” Gorton said, even if you have to vote a different way on an issue. “Respect folks and their opinions,” she advised. Her face-to-face approach paid off when she ran for an at-large seat on the council this year. “Voters remembered when I knocked on their door in 1998 and sat on their bench talking issues,” she said.

District Judge Brandy Oliver Brown agreed that people will remember if you ever treated them rudely. “Have a public servant attitude and appreciate and respect people,” she said.

Brown is concerned about the negativity that is entering even judicial campaigns. “We want to win, but how much are we willing to hurt society to get elected?” she asked. If people do not trust the integrity of judges, they may hesitate to bring suits or report crimes and justice in the community will suffer, she said.

Participants were treated to some post-election analysis from political strategist Dale Emmons, who managed Hillary Clinton’s campaign in Kentucky and Bruce Lundsford’s bid to defeat incumbent Mitch McConnell.

He applauded Barack Obama’s use of technology to expand the definition of “grass roots campaigning.” “ Facebook, MySpace, texting, e-mail are now absolute necessities,” he said. But he warned that technology is not free, and reminded the audience that “a doorstep poll is the best poll money can buy. You can only buy it with time.”

Emmons urged potential candidates to have a plan for the campaign which should first involve knowing how many votes you need to win and where you will get them. He also advised candidates not to be their own campaign manager, but to get someone more objective to handle the campaign decisions.

Technology now a must
Mary Sue Helm, described by Emmons as the state’s most knowledgeable source for candidates, gave participants packets of information on the state’s filing deadlines and elections schedules as well as the legal qualifications to become a candidate for a variety of positions. One of the keys is to file for office on time. Since there are no scheduled elections (other than those to fill vacancies) in 2009, the filing deadline for primaries in 2010 will be in January 2010. The earliest date to file is November 2009.

A publication titled “ Declaring Your Candidacy” has useful information including candidate filing procedures, sample forms for attaining ballot access, and qualifications for each elective office.  The manual contains an election schedule, sample filing forms of various types, contact information for state election agencies, and answers to candidates’ most frequently asked questions.

LWV hosts candidate forums

LWV member Joe Gershtenson welcomes Circuit Judge candidates Judge Bill Clouse and Judge Jeffrey Walson to the Oct. 21 forum.
CIRCUIT JUDGE FORUM

Running for the circuit judge position vacated by Julia Adams are District Court Judge William T. Clouse Jr. and Family Court Judge Jeffrey M. Walson. Both candidates appeared Oct. 21 for the forum sponsored by LWV and the Institute for Politic Governance and Civic Engagement at EKU. The forum was moderated by the Institute's director, Joe Gershtenson.

One difference in the two campaigns is the acceptance of campaign donations from local attorneys. You can view the campaign expense reports that the two candidates have filed with the Registry of Election Finance Searchable Database. Find Search by name in left column to get a search window. Enter the last name of the candidate and locate 11/04/2008 in the pop up window for this election. In the next screen, you can open the summary or detailed view of the campaign report, which lists contributions by name and occupation.

LInk to Bill Robinson's story in Richmond Register.


RICHMOND CITY COMMISSION FORUM
All eight candidates for Richmond City Commission participated in the Oct. 20 candidate forum sponsored by LWV and produced by EKU Media.

Candidates for Richmond City Commission in order of the November ballot are Michael F. Bryant, Mike Brewer, Richard M. Thomas, Kay Cosby Jones, Robert R. Blythe, William H. "Bill" Strong, Rita H. Smart, and Ian Ward . LWV moderator was Lynnette Noblitt, who also is head of EKU's paralegal department.

Link to Ronica Shannon's story in the Richmond Register.

BEREA CITY COUNCIL

Candidates answered questions submitted to LWV Web site by citizens at the Oct. 14 forum. Photo by Jeanne Hibberd.
The 16 candidates for Berea City Council participated in a LWV forum in Berea Oct. 14. The candidates for the eight positions include incumbents Glenn Jennings, Chester Powell, Violet “Vi” Farmer, Greg Lakes, Denise Hagan, Howard Baker, Virgil Burnside and Truman Fields. Challengers are J. Donald “Don” Graham, Troy VanWinkle, Hubert Chasteen Jr., Ronnie Terrill, Billy Wagers, Jerry Little, Robert “Peanuts” Johnson and Glenn David Johnson.

Read Register story by Bill Robinson.

To contact the League, e-mail LWV at lwvbmc@yahoo.com.

Climate Change Workshop Oct. 15 in Berea

LWV unites groups pursuing energy efficiency in Berea community

Despite growing concerns about climate change and global warming, every one of the speakers at the LWV's forum Oct. 15 in Berea found reasons to be optimistic about the future, assuming communities and individuals change their ways.

The program began with a list of several different groups and individuals working together in Berea to become more energy efficient and sustainable.

Megan Naseman, an AmeriCorps VISTA volunteer working with Energy and Empowerment at Berea College, described work in Madison County on energy issues that engages a wide variety of citizen and governmental endeavors. They ranged from groups working on the accessibility of locally grown food to the poor to Transition Town Berea, a project of the Interdisciplianary programs Collaboration at Berea College and Sustainable Berea.

Energy and Empowerment Grants are funded by a Learn and Serve America Community-Based Research Innovation Grant. Projects funded by the CBR Energy and Empowerment Grants will be part of a larger three-year CBR project, focusing on energy and empowerment issues in Madison County.

Participants can connect with other community-based research teams through the Energy and Empowerment listserv and through community gatherings and resource sharing. 

The workshop was anchored by a presentation by Amy Malick, Midwest Regional director of an organization whose acronym ICLEI stands for the International Council for Local Environmental Initiatives. ICLEI-Local Governments for Sustainability is a membership association of local governments committed to advancing climate protection and sustainable development. ICLEI includes nearly 1,000 cities in the world. Malick presented a PowerPoint presentation which described the phases by whcih a local government might change its energy use. The presentation can be viewed in PDF format.
 
ICLEI’s mission is to build, serve, and drive a movement of local governments to advance deep reductions in greenhouse gas emissions and achieve tangible improvements in local sustainability.

Your Right to Know

Assistant Attorney General Amye Bensenhaver shared her expertise on Kentucky's open meetings and open records laws at the Sunshine Meeting in Richmond March 26


Sixteen years ago Amye Bensenhaver was the first and only full-time attorney hired by the Attorney General's office to review and issue opinions regarding Kentucky's open meetings and open records law. It now takes three attorneys to review appeals about the state's open meetings and open records laws. The number of appeals has risen from about 50 in the 1980s to about 300 per year today.

Still the spirit behind the "sunshine" laws remains the same — public records belong to the public, not the recordkeepers and public business should be discussed before the public, not behind closed doors.

Assistant Attorney General Bensenhaver joined three other panelists March 26 at EKU's Business Technology Center for an information packed presentation on "What you need need to know about your right to know."

The meeting, sponsored by the League of Women Voters of Berea and Madison County and the student chapter of Society of Professional Journalists, was well attended by citizens and EKU students from the journalism and business areas.

One of the newest changes to the state's open records law has generated quite a bit of litigation, Bensenhaver pointed out.

In response to 9/ll issues, the state legislature added a new homeland security exemption to the list of records deemed unavailable to the public. The statute was amended to exempt "public records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act."

Bensenhaver noted that the amendment was very narrowly written and requires a three-part test before it can be invoked.

One of the first challenges to the new exemption was filed by the Associated Press relating to Vice President Dick Cheney's fundraising visit to southern Indiana in 2005. After the fact, the AP was trying to determine the cost of the trip and had requested fuel receipts signed by members of the governor's executive staff to pay for the trip and the escort by Kentucky State Police from the Louisville airport.

Governor Fletcher's office and the KSP denied the request on the basis of the new homeland security exemption.

The AP’s lawsuit claimed the denial was improper and the records should be disclosed. Franklin County Circuit Court Judge Roger Crittenden ruled that homeland security exemptions to the state Open Records Act do not apply to the records from Cheney's visit and ruled that the administration had shown no such likelihood for a terrorist act.

Bensenhaver's fellow panelists welcomed that decision, but stressed that saying no is a common response to those who request records.

Bill Estep, veteran investigative reporter for the Lexington Herald-Leader, noted that one part of the law boldly states the openness position: the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in the public interest and the exceptions ... shall be strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others.

Nevertheless Estep read from March 2007 articles in the Corbin (KY) Time Tribune where a reporter had not been able to get a 24-hour jail log from the Knox County Correctional Facility. See Corbin Times Tribune article.


"It's not Guantanamo Bay," Estep pointed out. "We can't know who is in the Knox County jail?"

John Nelson, managing editor of the Danville Advocate-Messenger and former president of the Kentucky Press Association, said the battle is constant to educate new officials about the law.

Nelson oversaw an information audit in 2005 that tested access to common public records in all 120 counties. The results printed as a 12-page newspaper edition are available at Yours for the Asking.

Nelson reminds citizens that it is not just the media who need access to records. On behalf of the KPA, he has opposed proposed bills that would expunge or delete records of Class D felonies, for example. Once a crime becomes a public record, it should remain one, he says.

Nelson and KPA also fought unsuccessfully to overturn the precedent of closed juvenile court proceedings and records on the grounds that the public has an interest in how the state handles its juvenile crime.

Estep, who often writes as many as 25 open records requests for a story at one time, also recounted his difficulties in obtaining maps about the lowering of Lake Cumberland. "I asked Corps of Engineers for maps that will show if Wolfe Creek Dam breaks, where will it be flooded," he said. "I knew they had them because they had a series of public meetings where they took the maps and taped them to the wall."

Yet, the Corps initially denied Estep's request using the homeland security exemption saying that the release of the previously public maps might aid a terrorist act.




Richmond Register editor Jim Todd discussed a point about accessing records with Leigh Jones, a LWV member from Berea.Read Ronica Shannon's story about the March 26 meeting.


BE PERSISTENT

Persistence in pursuit of public records is important, the panelists insisted.

Richmond Register editor Jim Todd is currently trying to obtain records from Eastern Kentucky University concerning circumstances surrounding the resignation of an employee over six months ago. The university won't release records using the exemption that the investigation into the employee's behavior is still ongoing, he complained.

Todd uses more of a "stick" approach when he writes open records requests, especially for what he feels are obviously open documents such as the payroll records for city policeman.

He reminds the custodians of the records of parts of the statutes that require a reply no later than three days and the $25 per day fine for improperly denying public records.

DUTY UNDER THE LAW

The 2005 legislature increased the visibility of Kentucky's open government statutes by passing a bill proposed by state Rep. Derrick Graham. A former local official, Graham followed through on his commendable idea to promote awareness among county and city officials, school superintendents and boards, presidents of public universities and their boards of regents so that they would be more responsive to their duties under the state's open meetings and open records laws.

These individuals are now required to make sure all their employees and appointed committees are educated about their fundamental duties under the statues as well as records management.

"If records are improperly destroyed they are not accessible, and you have defeated the purpose of openness and transparency," Bensenhaver said.

The Attorney General's office has provided educational materials on its Web site. Your Duty Under the Law spells out the open meetings and open records laws to new officials and those appointed to serve in the public sector.

Any person who knowingly attends a meeting of any public agency not held in accordance with the open meetings law can be punished by a fine of up to $100.


LAWMAKERS EXEMPT THEMSELVES

Ironically, the lawmakers who crafted Kentucky's open meetings and open records laws and have done a reasonably commendable job of keeping them strong are not subject to its provisions.

"One of the other interesting developments is the General Assembly exempting itself from the open records and open meetings law." Bensenhaver noted.

"I don't understand the rationale of the General Assembly taking itself out of the reach of the open records law. They have their own mechanism for adjudicating disputes that arise, but it's kind of an interesting twist of fate that they make the laws but don't' have to adhere to them."

To find out more about how to use public records and open meeting laws in Kentucky, see our list of links and advice about Open Transparent Government. You'll see links to the statutes, the exemptions and samples of how to write open records requests.

This is the third year LWVUS has joined with other groups to promote national recognition of the importance of transparency and freedom of information in government.

For more information LWV Project Sunshine

Local LWV members lobby for felons' right to vote

Photo ID left to right) Joan Peoples, Gail Waldeck, Joy Frasier, Carla Gilbert, Wes Wright (team leader from Ky. Fair Tax Coalition), Elise Andre.

LWV of Kentucky joined a coalition of groups to lobby for automatic restoration of voting rights for ex-felons Feb. 27, 2007, in Frankfort. They met with a number of legislators including Sen. Ed Worley, D-Richmond. For a full report, see our March 2007 Newsletter .

On Nov 2, 2006, state LWV held a news conference with NAACP in Frankfort to urge changes in the current method by which felons can regain the right to vote. State LWV President Teena Halbig said LWV is lobbying for a constitutional amendment to restore the voting rights of felons who have completed their sentence. The report is available at the LWKY Web site.

The LWV of Berea and Madison County held a public forum on the issue in Berea in February, reported in our March 2006 Voter. Members agreed to support a stronger state LWV position.

For information about LWV Lobby Day, contact Joan Peoples, LWVKY treasurer and a member of LWV of Berea and Madison County.