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Ernie Fletcher

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Ernest Lee Fletcher (born November 12, 1952) has served as governor of the Commonwealth of Kentucky since 2003. He is a member of the Republican Party. On May 11, 2006 a special grand jury indicted Fletcher on three misdemeanor charges for conspiracy, official misconduct and political discrimination. Fletcher is the third sitting Kentucky governor to be indicted and the second current United States governor to be under indictment after Ohio Governor Bob Taft was indicted and convicted for failure to report lobbying contributions. On June 3, 2006 and after Fletcher's lieutenant governor and 2003 running mate, Steve Pence, announced he would not run again with Fletcher, Fletcher tapped state Finance Secretary Robert "Robbie" Rudolph of Murray, Kentucky to be his running mate in 2007. After the announcement Pence refused a request by Fletcher to resign. On the same day, Fletcher's director of communications Brett Hall resigned.

Biography

Fletcher was born in Mount Sterling, Kentucky. He received his B.Sc. degree from the University of Kentucky College of Engineering in 1974, where he was a member of Delta Tau Delta social fraternity. Fletcher is married to his high school sweetheart, the former Glenna Foster. They have two children and four grandchildren.

After college, Fletcher served as a fighter pilot in the United States Air Force.

After his service in the Air Force, Fletcher graduated from the University of Kentucky College of Medicine with an MD. He then practiced as a family physician for twelve years. He has also served as a Baptist lay minister.

In 1994, Fletcher was elected to the Kentucky House of Representatives for the 78th District. He served one term, until legislative redistricting forced him and another Republican, State Representative Stan Cave, into the same district. He then ran for Kentucky's 6th District seat in the United States House of Representatives. He was badly defeated in November 1996 by incumbent Democrat Scotty Baesler, but ran again in 1998, beating Democratic State Senator Ernesto Scorsone. In 2000, he faced Baesler again, and this time Fletcher won by an 18-point margin. He was reelected in 2002 without major-party opposition.

Throughout the month of February, 2006, Fletcher was hospitalized for gallstones and complications from the removal of his gallbladder, including pacreatitis. He was readmitted on March 9th, 2006 for what his doctors called a "life-threatening blood-clot". The condition was serious enough that he transferred power to Lt. Governor Steve Pence before undergoing a procedure to dissolve the clot.

Candidacy and governorship

Fletcher became Governor of Kentucky in December 2003 after defeating Democrat Ben Chandler 55%-45% in the election in November. As Governor, he is a member of the National Governors Association, the Southern Governors' Association, and the Republican Governors Association.

As Governor, Fletcher reorganized parts of state government, condensing the number of cabinets from 14 to nine, and dissolved the former Kentucky Horse Racing Commission and created the new Kentucky Horse Racing Authority, which promotes and regulates Kentucky's signature industry. He has rolled back Medicaid requirements and unveiled a plan to "modernize" Medicaid and focus on improvements in care, benefit management and technology. Governor Fletcher unveiled "Get Healthy Kentucky!," an initiative to promote healthier lifestyles for Kentuckians.

On June 9, 2004, while en route to memorial services for former president Ronald Reagan, the governor's plane inadvertently caused a security scare and was nearly shot down by the U.S. Air Force. It caused the Capitol to be evacuated, because the plane's transponder failed while in restricted airspace. The security scare happened just moments before the plane with Reagan's body touched down at Andrews Air Force Base.

Fletcher had low approval ratings for much of his first year in office. Most controversy focused on increasing costs of health insurance for state employees.

However, during his second year in office, Fletcher achieved the passage of a comprehensive tax reform package. The passage of tax reform was one of Fletcher's key campaign pledges. By March 2005, Fletcher's approval rating reached 52%, according to a Louisville Courier-Journal poll; a Survey USA poll around the same time found his approval rating below 40% and lower than that of every other governor in the nation at the time save for two.

After Fletcher issued pardons to members of his administration for violations of state merit system laws in mid-2005 (see next section), polls indicated his approval rating had decreased even more. Fewer than 20% of respondents said that they planned to vote to re-elect Fletcher in 2007, and 73% disapproved of the pardons Fletcher issued for members of his administration. A Courier-Journal poll released in mid-September found Fletcher's approval rating at 38%, tying the low rating previously reached by his predecessor Paul E. Patton. Another poll released by SurveyUSA in February 2006 found his approval rating at 35%, with 57% disapproving. By March 2006 his approval fell to 33% according to SurveyUSA, and his disapproval rose to 61%.

Despite the ongoing merit system investigation and his low approval ratings, Fletcher has stated that he will seek re-election in the Kentucky gubernatorial election, 2007. However, on May 31, 2006 Fletcher's lieutenant governor, Steve Pence, announced that he would not run for re-election on the same slate with Fletcher in 2007.

Merit system investigation

In May 2005, state Democratic Attorney General, Greg Stumbo, began an investigation of the Fletcher administration's practices within the state merit system in hiring, promoting, demoting and firing state employees based on political loyalties. The investigation was based on a 276-page complaint filed by Douglas W. Doerting, the assistant personnel director for the Kentucky Transportation Cabinet. Stumbo's motivations have been questioned because of his intent to challenge Fletcher in the 2007 gubernatorial race, and because there is much evidence that previous administrations had similar hiring practices.

In June, a circuit court judge unsealed a so-called "hit list" of employees appointed during previous administrations whose politically appointed positions were examined.

On June 14, 2005, a special grand jury that was impaneled by the Attorney General in Franklin County handed down indictments of three Transportation Cabinet officials: Acting Transportation Secretary Bill Nighbert, Deputy Secretary Jim Adams and administrative services commissioner Dan Druen. On July 7, 2005, more indictments were handed down including Fletcher's deputy chief of staff. On July 11, 2005, the grand jury struck closer to the Governor's mansion as three more indictments were handed down: against state Republican Party chairman Darrell Brock Jr., who was also the former commissioner of the Governor's Office for Local Development; Basil Turbyfill, the Governor's personnel adviser, and deputy personnel secretary; and Bob Wilson, deputy personnel secretary.

On August 29, 2005, Fletcher announced he had [granted blanket criminal pardons] to nine administration officials, including deputy chief of staff Richard Murgatroyd, who were or might have been indicted by the grand jury in this case (he did not pardon himself). On August 30, Fletcher invoked his Fifth Amendment rights against self-incrimination before the grand jury and refused to testify.

On September 14 Fletcher [fired] nine employees, including four of the nine he pardoned two weeks earlier [link]. Fletcher called for the firing of state Republican Party chair Darrell Brock, Jr. due to Brock's role in the merit scandal. On September 17 GOP leaders voted to retain Brock as state party leader.

On October 24, Fletcher filed a motion asking Judge William Graham to order the grand jury to stop issuing indictments for offenses that occurred prior to Fletcher’s August 29 blanket pardon and to bar it from writing a final report on its findings. On November 16, Judge Graham denied Fletcher’s motion. On December 16, a unanimous Kentucky Court of Appeals panel affirmed Graham’s rulings and issued an order providing that the grand jury could still indict and otherwise pursue its investigation, but that new indictments should remain sealed to allow Fletcher time to appeal.

On December 19, Fletcher appealed to the Kentucky Supreme Court, which agreed to hear the case and scheduled oral arguments for March 16, 2006. On December 20 and 27, two Supreme Court judges recused themselves from hearing the case. On February 24 Fletcher, as directed by the state constitution, appointed two judges to temporarily replace the justices who had recused themselves, to hear the case.

On May 11, 2006 Fletcher was indicted by a Kentucky Grand Jury on charges of "illegally rewarding political supporters with state jobs."

On May 18, 2006 the Kentucky Supreme Court ruled in a 4-2 decision that the grand jury investigating state hiring practices by the Fletcher administration could not issue any more indictments for offenses covered by Fletcher's blanket pardon for offenses related to the hiring investigation. The court also rejected the attorney general's challenge to Fletcher's authority to issue such a blanket pardon. Fletcher's indictment and the indictments of two officials for offenses allegedly to have occurred after the pardons were not affected. The court also ruled that the grand jury could issue a general report of its findings from the yearlong investigation, although whether or not the report could name officials covered by Fletcher's pardons remained unanswered by the court's ruling.

On July 10, 2006, the Kentucky Court of Appeals ruled that the grand jury investigating personnel actions in Gov. Ernie Fletcher's administration cannot issue indictments against anyone covered by his pardons. The appellate court also said the grand jury may issue a general report of its investigation, but it cannot name or identify any pardoned or unindicted person. The jury's report must be issued under seal and cannot be made public until notice is given to parties involved. Fletcher asked the appellate court for its ruling to inform Franklin Circuit Court on proper instructions for the grand jury. Fletcher's request to the appellate court came after the Kentucky Supreme Court upheld his pardons.[link]

On July 15, 2006, Judge David E. Melcher dismissed the indictment against Transportation Secretary Bill Nighbert, ruling that part of the alleged offense was covered by Fletcher's blanket pardon. The judge left open the option for prosecutors to seek a new indictment against Nighbert focusing solely on conduct not covered by the pardon.[link]

Fletcher's indictment related to merit system investigation

On May 11, 2006, Fletcher was indicted by a grand jury for three misdemeanors; conspiracy, official misconduct and political discrimination. All were related to the merit system investigation. The grand jury has returned a total of 29 indictments in the case - 14 of which remain sealed by the court.

The charge of conspiracy states Fletcher “ordered, directed and otherwise approved the development and implementation” of what became known as the governor’s personnel initiative. In the second indictment for official misconduct, Fletcher is accused along with other “co-conspirators” of ordering or approving “the appointment, promotion, demotion, transfer or dismissal” of rank-and-file state workers who are supposed to be judged on their qualifications, not political affiliations. The third count charges Fletcher with violating the prohibition against political discrimination because he “willfully ordered, directed or approved” the firing of Michael Duncan, an investigator in the Transportation Cabinet’s Office of Inspector General. Fletcher's personal attorney, R. Kent Westberry of Louisville, responded to the indictment by filing a motion in Franklin Circuit Court to have Greg Stumbo, his investigators and the prosecutors removed from the case. The filing claims that Stumbo, a political rival considering running for governor next year, should be disqualified from the proceedings. Responding to filing Fletcher said, "I think there is substantial conflict of interest there." Fletcher indicated that he has no plans to step down from office.

Fletcher was arraigned on June 7, 2006 in Franklin District Court in Frankfort. Fletcher, who did not appear in court as he was on vacation in Florida, pleaded not guilty to the charges. Judge David Melcher set November 8, 2006 for the start of the trial.

Views on teaching intelligent design and scientific creationism

In 2005 members of the Kentucky Academy of Science voted unanimously to oppose any attempt by legislative bodies to mandate specific content of science courses, and specifically to attempts to equate scientific creationism or intelligent design as scientific theories equal, or superior to, evolution.[link]

In response, in a February 13, 2006 letter to the Kentucky Academy of Science, Fletcher, an outspoken intelligent design advocate [link] [link], argues that evolution conflicts with the Declaration of Independence:

"My educational background provided me with thorough understanding of science and the theory of evolution. Our nation, however, was founded on self-evident truths. Among these truths are inalienable rights “endowed by their Creator.” From my perspective, it is not a matter of faith, or religion, or theory. It is similar to basic self-evident objective truths that are the basis of knowledge. For example, 2 + 2 = 4. It disappoints and astounds me that the so-called intellectual elite are so concerned about accepting self-evident truths that nearly 90% of the population understands."[link]

Executive orders

In April 2006, Fletcher signed an executive order removing language from the state's affirmative action plan specifically protecting state workers based on their sexual orientation and gender identity. Fletcher handed down his executive order on Kentucky's ninth annual "Diversity Day," reversing an order signed by former Gov. Paul Patton two years earlier that protected state employees from bias including their sexual orientations or gender identities.

University of the Cumberlands pharmacy school

The Kentucky Fairness Alliance and the Kentucky Equality Association asked Governor Ernie Fletcher to veto $11 million that state lawmakers approved for a planned pharmacy school at the University of the Cumberlands. [Kentucky Fairness Alliance asks Fletcher to veto.] The Kentucky state budget, passed by the 2006 Kentucky legislature, includes $10 million of state debt to construct a pharmacy building on the school's Whitley County campus. Additionally, one million dollars for scholarships for the pharmacy program are included. The $10 million building is to be funded out of a $100 million pool of money titled the "infrastructure for economic development fund for coal-producing counties." Money to repay the bond issuance would come from coal severance taxes. On April 21, 2006, Brett Hall, the governor's director of communications reported that "Fletcher's office has received 421 calls and e-mails urging him to veto, compared to 115 who want it kept in the state budget." [Callers urge Fletcher to veto Cumberlands pharmacy plan]

On April 24, 2006 Governor Fletcher made a special television address announcing his budget cuts which did not include the University of the Cumberlands. In response, members of the Kentucky Equality Association protested outside the Governor’s Mansion on May 06, 2006 during the Governor’s Annual Derby Breakfast Celebration.

See also

References

External links

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