The governor’s mine safety legislation (HB4351) has been moved from the 2nd reading calendar on the House floor to the inactive House calendar, at the request of coal industry lobbyists who are unhappy with several provisions in the current version of the bill.

A key sticking point is a provision that would allow survivors of miners killed in accidents to select a representative to participate in the mine death investigation — including having the option to have UMWA safety officials represent them in mine fatalities in non-union mines.

A closed-door meeting of all “stakeholders” is set for this afternoon.

If the issues can’t be resolved, House leadership will have to decide whether to proceed with the bill and have a floor-fight over the contested provisions, or allow the bill to die on the inactive calendar.

For several weeks now, I’ve been trying to determine Administration Secretary Robert Ferguson’s dates of service in the U.S. Marines — and the time frame of his combat duty in the Persian Gulf War. News accounts of his service differ on the length of his service. As best I can tell, he served from 1978 to 2000 (22 years), according to information gleaned from the Secretary of Administration website. However, someone anonymously sent me an email in which Ferguson stated her served 18 years in the Marines. I’m thinking the difference could be explained by the fact Ferguson retired as an active-duty Marine, but continued as a Marine recruiter. Honestly, I don’t know.

Why is this important? I’m trying to pin down Ferguson’s exact dates of service for a series of stories about his push for the state retirement board for a policy change that would allow him to pad his retirement pay — to the tune of nearly $7,000 extra a year. The change would allow Ferguson and other state employees to receive military service credits for U.S. military incidents between 1973 and 2001. The retirement board and state law don’t recognize those incidents for the purpose of the military service credit.

So far, Ferguson has refused to disclose his service dates. I’ve asked him in a phone interview. I’ve emailed him. But he won’t comment on the dates.

Today, I filed a Freedom of Information Act request for a copy of Ferguson’s military discharge Form DD 214 — along with a host of other documents related to his lobbying for the retirement board policy change. The U.S. Department of Defense issues the DD 214 to soldiers when go off active duty. It should detail Ferguson’s service dates and his combat duty during Desert Shield/Desert Storm.

I hope to have an answer by the end of the week.

I’ve been collecting a lot of emails and letters sent by WV Administration Secretary Robert Ferguson as part of my reporting on Ferguson’s push for a retirement board policy change that would pad his pension pay. Some of the correspondence is in response to Freedom of Information Act requests. Other letters and emails — sent to me anonymously — arrive in manila envelopes daily at the office. There’s a lot of stuff to go through.

As I sifted through the emails, two seemed a bit out of character for the business of state government.

In an Oct. 29, 2008 email — titled “Bridge Road Bistro” — sent to a host of state employees, Ferguson writes, “If you have time, please feel free to join me and my staff at the South Hills Bridge Road Bistro for an after work beverage.” It’s signed, “Montani Semper Liberi,” Robert W. Ferguson, Cabinet Secretary.

Earlier that same month, Ferguson’s secretary sent out an email on her boss’ behalf — titled “Enjoying.” The message stated, “Secretary Ferguson invites all division directors to join him this evening at the Bistro at 5:15 after work. All are welcome to enjoy.”

Both emails are written on state email accounts.

I guess you could look at this two ways. Ferguson could be commended for doing something nice for his employees by picking up their bar tab at the Bistro — one of Charleston’s best restaurants.

On the other hand, you’ve got to wonder whether some employees may have felt pressured into attending Ferguson’s after-hour get-togethers at the Bistro. What happened if they didn’t attend?

The good news is state taxpayers weren’t on the hook for Ferguson’s “after work beverages” at the Bistro.

Earlier this month, I reported the West Virginia Housing Development Fund was showering bonuses on employees. In response to a Freedom of Information Act request, the WVHDF turned over a chart of all employee bonuses from 2002 to present. The chart showed Deputy Director Erica Boggess had the collected the largest amount of bonuses ($53,000 over the past decade). It seemed unusual that her bonuses exceeded longtime executive director Joe Hatfield’s bonus pay ($50,000), so I filed a follow-up FOIA for copies of the meeting minutes in which the board of directors approved Hatfield’s bonuses.

Well, it turns out Hatfield received an additional $20,000 in bonuses that the WVHDF didn’t disclose the first time I asked.

This on top of the fact that the agency initially withheld a copy of their employee manual, which state’s the executive director and deputy director are exempt from receiving bonuses — and that employees were eligible to receiving bonuses in “increments,” or set amounts based on their job classification and experience.

Instead, most of the bonuses went to the pockets of administrators — the same people who are now receiving the services of some of the state’s best criminal defense lawyers — paid by the Housing Development Fund — amid a federal investigation. The Fund’s legal bill was more than $87,000 at last count.

Hatfield is one of those executives with a WVHDF-paid private lawyer. He retired Dec. 31.

It’s not surprising that the WVHDF might under report Hatfield’s bonuses the first time around. The minutes showed that the WVHDF board of directors – headed by former Manchin aide and current WV Democratic Party Chairman Larry Puccio — kept secret the amount of the bonuses awarded to Hatfield most years. Boggess, who is trying to do the right thing, was kind enough to release internal memos that showed the exact amount of Hatfield’s bonuses by year.

Too bad it takes a decoder ring to figure out the bonuses being paid to an agency’s top executive.

Amy Shuler Goodwin is Gov. Earl Ray Tomblin’s new communications chief. Goodwin previously worked as spokeswoman for former Gov. Bob Wise.

Here’s the press release:

Gov. Earl Ray Tomblin announced today that Amy Shuler Goodwin
will rejoin the Governor’s office as Director of Communications effective Thursday,
February 16, 2012.

Goodwin previously served as chief spokesperson for former West Virginia Gov. Bob
Wise. During her 17 year career, Goodwin also has served as a state director of
communications for a national presidential campaign and led communications for the
City of Charleston, West Virginia. She is a former anchor and reporter for WCHS-TV
in Charleston and WTRF-TV in Wheeling.

“We are in the middle of a crucial legislative session,” said Gov. Tomblin. “At
the same time, I am competing for major economic development projects and addressing
significant issues like prescription drug abuse and the safety of our dedicated
workforce. I am delighted to have someone with Amy’s experience join my administration
at this critical time.”

Since 2004, Goodwin has been the managing member of a public relations firm that
she founded. In that role, she has worked for major law firms, health care organizations,
major trade and issue associations, not for profit organizations, universities,
Fortune 500 companies, labor unions and small businesses.

Goodwin holds a Bachelor of Science degree in journalism with a minor in political
science from West Virginia University. Goodwin has taught senior level public relations
courses for the Perley Isaac Reed School of Journalism at West Virginia University
and the University of Charleston.

I spotted former Tomblin spokeswoman Jacqueline Proctor leaving the governor’s suite of offices — otherwise known as “The Tunnel” — this morning. She’s moving to a new job at at the state Division of Tourism. An announcement on Proctor’s replacement is expected tomorrow or Thursday.

Here’s the press release:

Gov. Earl Ray Tomblin today announced that Jacqueline Proctor,
Director of Communications, has accepted a position with the West Virginia Division
of Tourism effective Thursday, February 16, 2012.

“Since joining my administration in November 2010, Jacqueline has provided me with
exceptional guidance on many important issues affecting our state,” Gov. Tomblin
said. “I have valued her expertise as a communications professional and I am confident
that she will continue to serve our state well as she begins a new chapter in her
public service career.”

Proctor will serve as Deputy Commissioner of the Division of Tourism, an agency
within the West Virginia Department of Commerce.

“With the growth of tourism, the upcoming Sesquicentennial observance and events
of the Boy Scouts of America at The Summit: Bechtel Family National Scout Reserve,
we certainly welcome Jacqueline’s skill and expertise in helping us promote our
beautiful state to West Virginians, former West Virginians who we look forward to
welcoming home, as well new visitors,” said Commissioner Betty Carver, Division
of Tourism.

Proctor’s state government service includes serving as the Deputy Commissioner of
the Division of Culture and History from 2006 to 2010.

More thoughts on the recent legislative standoff over K-12 educational priorities between state Schools Superintendent Jorea Marple and state Sen. Roman Prezioso, D-Marion…

Folks at the state Higher Education Policy Commission recently sent me some ACT (college entrance exam) data, which would support my comments in a previous post about math instruction in West Virginia. Nationally, the average student’s ACT English score was 20.6, while the average ACT math score was 21.1. So across the U.S., students are scoring higher in math than in English.

In West Virginia, it’s exactly the opposite. Here, students scored 20.6 on the English portion of the ACT — right at the national average. Kudos to our English teachers in West Virginia. However, West Virginia students scored a 19.5 on the ACT math section — the third worst state score in the nation. According to the HEPC chart, students in all but three counties — McDowell, Pendleton and Webster — scored higher on the ACT English subtest than on the ACT math section.

Also, West Virginia was one only a handful of states where ACT English scores were higher than ACT math scores, but none of those states had anywhere near the drop off between English and math scores as West Virginia.

I’ve heard a lot of talk that we need to be encouraging more students to major in math and science in West Virginia. That’s  a laudable goal. But if kids don’t have a strong foundation in math — and they don’t appear to be getting one in West Virginia as evidenced by the state’s abysmal ACT math scores — it’s going to be a real uphill struggle.

Is anything being done to improve math instruction in West Virginia’s schools?

West Virginia Housing Development Fund administrators have remained fiercely loyal to former executive director Joe Hatfield (pictured above) amid a federal investigation, and it’s no wonder why: Hatfield showered agency employees with more than $800,000 in cash bonuses over the past decade. Hatfield was the recipient of $50,000 in bonus pay. He also brought in a salary of $180,000 last year. Bear in mind, state employees at other agencies don’t receive bonuses. Hatfield announced his retirement in October, just days after federal prosecutors filed subpoenas on the Housing Development Fund. Hatfield hasn’t been implicated in any wrongdoing, but the Housing Fund has seen fit to pay a lawyer to represent him. Not a bad retirement perk.

Federal prosecutors and the FBI are investigating a land deal between state Treasurer John Perdue and Charleston developer Douglas Pauley. Perdue, who serves on the Housing Fund’s board of directors, sold 11 acres of land to Pauley in Mason County. Hatfield’s staff approved a $3.67 million federal stimulus grant for Pauley. The developer used the money to buy Perdue’s land (Pauley paid $215,000 for Perdue’s hay field, which was assessed at $11,000) and built a 32-unit low-income apartment complex called Milton Place and named after Perdue’s late father-in-law.

I briefly talked to Hatfield at his Putnam County home after the story first broke in late October. He defended Perdue and said there was no wrongdoing on the treasurer’s part — or by anyone else at the Housing Development Fund. I’ve tried to call Hatfield multiple times — during the day and night — for followup comment. He hasn’t picked up the phone.

Earlier this week, my colleague, Phil Kabler, revealed that the state Ethics Commission had given the green light to Auditor Glen Gainer to take an all-expenses-paid trip to Perth, Australia — with Visa International picking up all the expenses. Visa, the credit card company, is a subcontractor with the state’s Purchasing Card System. The Auditor’s Office oversees P-cards. Visa planned to pick up Gainer’s flight, hotel, meals, everything. Gainer was to talk about all the wonderful things Visa has done for the state’s P-card system. The Ethics Commission signed off on the trip.

Now, I have a lot of respect for the folks at the Ethics Commission. They’re a hard-working bunch. So I’ll give them the benefit of the doubt on this one. I assume they OK’d this trip because the state Ethics Act doesn’t prohibit this kind of stuff. If that’s the case, someone ought to change the ethics law. I’ve heard that many other high-ranking state agency officials have taken trips at the expense of companies that have contracts with their agencies. Those trips are hard to track down — and report on — because there’s no public record of the junkets. It’s all done under the table.

Gainer wound up doing the right thing, changed his mind, and decided not to go Down Under. For that he should be commended. He also should be commended for being above board and getting a formal advisory opinion from the Ethics Commission. As I’ve previously reported, there’s backdoor way of getting the Ethics Commission’s OK for doing something you probably ought not be doing. Public officials can call the Ethics Commission and get “informal guidance.” If you follow the informal advice, you’re given immunity from prosecution under the Ethics Act. Plus, your request is kept secret from the public. Gainer didn’t take the backdoor route. The Ethics Commission publishes its advisory opinions. The opinons don’t include the name of the public official, but it’s usually pretty easy to figure that out based on facts given.

The Ethic Commission’s backdoor immunity practice isn’t specifically authorized by state law. I’ve talked to several legislators about this. They don’t seem to have any problem whatsoever with it. Which makes you wonder: How many legislators are also taking the backdoor route?

Sen. Roman Prezioso’s dressing down of West Virginia schools Superintendent Jorea Marple last week caused quite a stir at the state Capitol. Prezioso, a retired educator, called Marple’s legislative priorities “disappointing.” Marple defended the goals. Prezioso dished out more criticism. Of course, it’s not unprecedented for a state legislator to scold a state school superintendent. It happened all the time when former House Education Chairman Jerry Mezzatesta was in office. Drag the superintendent before a legislative committee, fire off loaded questions, shake heads, snicker at the answers. This time, however, Prezioso’s criticism had some substance.

Here’s a summary of the Department of Education’s legislative priorities:

1. Pay raises for teachers and service personnel.
2. Reduce OPEB (post-employment benefits) debt.
3. Increase technology
4. Lift the funding cap on RESAs(Regional Education Service Agencies)
5. Encourage mentoring of new teachers

That’s it. Most of those were proposals from previous years, dusted off, repackaged, reissued. Marple seems to be listening only to county superintendents, teacher union leaders and RESA directors. It would be hard to imagine a student saying, “We need to cut that OPEB debt.” Or a parent saying, “We really need to remove that pesky RESA funding cap.”

My take:

1. Pay raises: Teachers and service personnel already have very capable advocates at the AFT and WVEA to push for pay hikes.
2. Reduce OPEB liability: Important, but everyone already on board on that one.
3. Increase technology: Students already way ahead of the game on that front. Because of bureaucratic delays, the technology is always outdated by the time it reaches classrooms anyway.
4. Lift the RESA cap: RESAs were set up to replace county school boards. Never happened. So now we want to give them more money?
5. Teacher mentoring: Good idea. But who’s doing the mentoring? Most of the parents I talk to say many new teachers often outshine the veteran teachers. You want the best and brightest teacher graduates to stay in West Virginia? You give them signing bonuses like they do in South Carolina and other states.

Prezioso’s complaint: There was little about students in the education department’s priorities.

It’s hard to disagree with the senator from Marion County.

For instance, West Virginia’s ACT scores (the scores kids need to get into college) have DECREASED in recent years. You don’t hear much talk about that. Instead, there’s a lot of talk about the WESTTEST scores (the achievement test given to students in West Virginia), but the importance of the WESTTEST is overblown. The ACT score is what matters. It’s a national college entrance test that students take in 11th or 12th grade. It’s a difference maker in getting the Promise Scholarship. You can compare scores state by state. West Virginia’s ACT math score is abysmal. Only three states have worse ACT math scores — and in each of those states, 100 percent of students take the ACT. In West Virginia, only 60 percent of students take the ACT — and that number is dropping as well. The more kids you have taking the ACT, the lower the expected overall ACT score.

So back to Prezioso’s point: nothing about students. Indeed, what is the state doing to boost ACT scores? What’s being done to improve ACT participation? What’s being done to improve math instruction and the math curriculum? We didn’t hear anything about that last week. Apparently, those aren’t priorities.