Archive for March, 2009

Testing the air our kids breathe

Tuesday, March 31, 2009

We wrote in early March about the federal EPA’s plan to start testing the air quality around some the nation’s schools, following a major investigation by USA Today, in which air monitoring “showed pollution at levels that could make people sick or significantly increase their risk of cancer if they were exposed to the chemicals for long periods.”

Today, EPA announced which schools will be part of this new testing plan, and the list includes four schools in West Virginia:

– Follansbee Middle School

– Jefferson Primary School in Follansbee

– Cabell County Career Technology Center in Huntington

– Neale Elementary School in Vienna

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Clements’ employment agreement, contract with WVU

Tuesday, March 31, 2009

clementsjames.jpgJames P. Clements’ salary of $900,000 over two years is nearly $200,000 more each year than former WVU president Mike Garrison earned. Clements will also receive annual salary increases as long as he remains as president, according to his employment agreement with WVU. (You can also view that letter here.)

The agreement with the WVU Board of Governors also spells out automobile, air service and other means of transportation and travel available to Clements, his wife and children. Vehicles will be provided to Clements and his wife, Beth, no later than July 1.

Clements will also have access to a presidential discretionary account, as determined by the WVU Foundation, for any University-related purpose, which includes business entertainment.

Beth Clements can be reimbursed by the university or the WVU Foundation when she devotes “substantial time and energy” to WVU activities.

President-elect Clements will also be reimbursed up to $24,000 for moving expenses, which might include short-term housing needs.

If Clements is terminated without cause prior to June 30, 2010, he would be entitled to 12 months salary after the termination date. If he is terminated without cause after June 30, 2010, but prior to June 30, 2011, he would be entitled to six months of pay.

State Bar Irony: Brent Benjamin and equal justice

Monday, March 30, 2009

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The W.Va. State Bar has a slick new glossy look for its magazine, The West Virginia Lawyer.

But the cover and feature story in the new edition might strike some members of the legal profession as a bit ironic…

“Equal Justice for all must be more than just a catchphrase,” says the quote from Justice Brent Benjamin that’s included in the story and on the cover.

Why would anybody find that ironic?

Well, remember that the U.S. Supreme Court is currently considering whether Benjamin violated the due process rights of coal operator Hugh Caperton and his company, Harman Mining, by refusing to recuse himself from a case that pitted Caperton against Massey Energy, whose CEO, Don Blankenship spent millions of his own money to help Benjamin win a seat on the court. (See previous posts here, here and here).

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C8 secrecy: The WV DHHR edition

Sunday, March 29, 2009

We had a story in this morning’s Sunday Gazette-Mail about new recommendations from federal health officials that the state warn certain Parkersburg-area residents  — pregnant women, the elderly, children — about not drinking C8-polluted water.

It’s taken the federal ATSDR more than 3 years to come up with this formal recommendation. And it’s still not clear when — or if — the state Department of Health and Human Resources will do anything to actually pass this advice on to the public.

But as our story pointed out, there was actually a Fact Sheet prepared a few years ago that could have done this job. The state of Ohio’s health officials issued the Fact Sheet and guidance for doctors in advising their patients on the issue.

WV DHHR prepared the same materials. They just never issued them. Want to see? Here is the document, complete with the West Virginia agency’s logo …

C8 Science Panel secrecy?

Friday, March 27, 2009

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The C8 Science Panel, from left to right, Tony Fletcher, Kyle Steenland and David Savitz.

The announcement about Thursday’s C8 Science Panel event was pretty clear:

Event is for press only. A public meeting date will be scheduled at a later time.

All of the DuPont lawyers and PR people who attended must not have gotten the memo.  Neither did the plaintiffs’ lawyers, but at least they were there with one citizen, a representative of the class of residents whose drinking water was polluted by DuPont’s C8 emissions.

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Secret meetings, March 27, 2009

Friday, March 27, 2009

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It was a pretty good week for open government in West Virginia.

Only two agencies violated the five-day notice requirement for meetings published in the State Register.  The West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterick in the list of meetings published each Friday in the Register.

This week’s violators:

– W.Va. Division of Natural Resources Whitewater Commission.  Come on guys — your meeting notice came out today, and the meeting was Wednesday. Kinda makes it hard for the public to attend.

Town of Whitehall, Council. This meeting was also yesterday.

That didn’t take long

Thursday, March 26, 2009

On Tuesday, the day before state Supreme Court Justice Joseph Albright was laid to rest in Parkersburg, I got an unsolicited e-mail from a public relations flak in northern Virginia, judging from the 703 area code on her phone number. The e-mail offered to put me in touch with “a West Virginia legal expert on the type of jurist Governor Manchin should select to fill the high court vacancy.”

Curious as to who would have hired a p.r. firm regarding Albright’s replacement, I called CRC Public Relations and asked who their client is, and they told me: the Federalist Society, a conservative legal group that, according to Wikipedia.org, at least, advocates a strict originalist interpretation of the U.S. Constitution. Philosophically, I was told, the Society’s 40,000 or so members believe in judicial restraint over what they see as judicial activism, or, as the Society’s Web site says, that “it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.”

All three of the local lawyers quoted in the e-mail — Blair Gardner, Luke Lafferre and Robert Ryan — are members. In fact, “Booter” Ryan is one of two attorneys listed on the group’s site as contacts for the West Virginia chapter.

(Astute readers will note that Gardner’s bio on Jackson Kelly’s Web site doesn’t say that he is a member. I called him and asked him, and he confirmed his association with the Society.)

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Kanawha drug testing lawyer involved in SCOTUS case

Thursday, March 26, 2009

Adam Wolf, a lawyer for the American Civil Liberties Union Foundation, represents a former middle-school student in Arizona who was subjected to a strip search in 2003. The case will be argued before the U.S. Supreme Court next month, according to a story in the New York Times.

Wolf told the newspaper that school officials violated Savana Redding’s rights when they forced her to strip as they searched for prescription pills.

“When you send your child off to school every day, you expect them to be in math class or in the choir,” Wolf told the Times. “You never imagine their being forced to strip naked and expose their genitalia and breasts to their school officials.”   

Last year, Wolf appeared before the Kanawha County Board of Education in an attempt to have them reconsider a policy to randomly drug test teachers and most other school employees. He was also present in court on behalf of the plaintiffs in a late December hearing, when Chief U.S. District Judge Joseph Robert Goodwin granted a temporary injunction to delay the policy. It would have been effective in January.     

    

Why is Mary Jane Bowling hiding?

Wednesday, March 25, 2009

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Mary Jane Bowling, mother of convicted Cross Lanes business executive Martin Bowling, went to extraordinary lengths to avoid having her picture taken and answering our questions yesterday in a Kanawha County Courtroom.

Mary Jane Bowling, as you may recall, distributed a $100,000 federal grant to Comar Inc. and its subisidary Vec3, where her son worked as chief technical officer. She did this two months after he was indicted on computer fraud charges, and continued to pass along the grant money even after her son pleaded guilty and was awaiting sentencing. Martin Bowling used a part of the money to attended computer conferences throughout the U.S.

maryjjanebowling1.jpgWell, Martin Bowling was in court yesterday, begging a judge to reduce his three-year prison sentence, and Mary Jane Bowling wasn’t about to let anyone take her photograph. (This is as close as we got).

After the hearing, Bowling’s supporters — the unidentified man pictured above is one of them — locked the courtroom door while we waited outside. We eventually got inside, but Bowling’s backers formed a tight circle around her and ushered her outside the courtroom and onto an elevator. As we tried to follow, one of Bowling’s associates stuck his foot in the courtroom door, trapping us inside until the elevator arrived and whisked Bowling downstairs.

Mary Jane Bowling is a state employee who makes $53,800 a year with Workforce West Virginia. Last week, she hung up on us when we tried to ask about the grant that she administered and her son used. Rest assured, we’re still trying to find a photograph of Ms. Bowling, and we’ll continue to try to get an explanation for her actions.

Highway robbery VII — shut out firm?

Wednesday, March 25, 2009

When Gov. Joe Manchin first explained his reasons for wanting to replace the federal process for choosing engineering firms with a bill to require the state to take the lowest bidder, he said the state was spending too much on engineering fees.

He also said he West Virginia business owners who had built successful businesses asked him why they couldn’t get a share of the state’s business. Manchin said his is intended to open up the state’s business to more firms.

This Parkersburg News and Sentinel story cites Jennifer Fox of Fox Engineering in Ripley, who says almost exactly what the governor said. Fox says she has not been able to win a new state project in five years. She says the state routinely awards bids to the same few firms, but that it would be difficult for her to qualify under the governor’s bill because of the requirement that engineering firms post a bond.

Thanks to a helpful reader for passing on the story.