Tuesday, January 21, 2020

Neglect of valuable assets hurts eastern Kentucky's economy

There's an ongoing discussion on the best way to improve the economy in some of eastern Kentucky's smaller, more distressed counties.

Some prefer a more traditional approach involving manufacturing and other familiar means. Others are advocates for tourism, particularly what's called "adventure tourism," as the best way forward to provide jobs and pump dollars into local coffers.

The debates over subjects such as allowing all-terrain vehicles on public roads, Sunday alcohol sales, and the possible development of a resort near Natural Bridge State Resort Park and the Red River Gorge have caused some hard feelings to emerge between proponents and opponents of those proposals.

Something needs to be done. All the media reports of a booming economy sound like fake news to many residents of the foothills and mountains. We're still waiting for the good times to arrive here. Our unemployment rates still run above national and state averages, our wages are still lower than what others earn, and prices for consumer goods like gasoline and grocery are much higher in our small towns and rural counties than they are elsewhere. We don't begrudge our friends and neighbors in the bigger cities their success. It's not a zero-sum game. There's plenty to go around. We'd just like to have a taste of it ourselves.

No matter which path local leaders take, this region has a couple of valuable assets already in place that could benefit both a production-based or tourism-based economy. Unfortunately, both of those assets are suffering from neglect and likely can never be used to their full potential.

What are they? The railroad and the river. Both have played vital roles in this area's past. But unless something's done soon, they are going to become only historical artifacts. One's pretty much already there; the other appears well on the way.

First, let's look at the railroad. The old L&N line was a major factor in the past success of the region. The railroad provided lots of jobs for people all the way from Winchester to Whitesburg. Although passenger service was long gone, the line remained a vital link from the mountains to the flatlands, with tons of coal being hauled well into the 2000s. Things have changed. The Kentucky River line has basically been mothballed. Most of the tracks in the yard in Estill County have been removed. CSX Transportation, which bought out L&N a few decades ago, is now using the tracks to store old rail cars that will eventually be cut up for scrap metal. What coal is being hauled out of the mountains now goes up the line paralleling the Big Sandy River, via a connection CSX made in Letcher County between the old L&N and C&O lines. Many of the historic depots have been torn down. CSX continues to maintain the tracks, but they aren't seeing any use other than when junk cars are hauled out and more are brought in to take their place.

The railroad could play a big part in both a production economy and a tourism economy. Not as much coal is being mined these days, but loggers are still cutting plenty of timber in the hills. Log trucks are notorious for tearing up highways. What if logs were moved by rail instead of highway? The new methods of petroleum drilling haven't made it to eastern Kentucky the way it has in neighboring West Virginia, but there's no reason oil or liquefied natural gas couldn't be moved by rail as well should there be another oil boom such as the area experienced in the early 1900s and again in the 1970s and 80s.

There's been talk of establishing tourist trains to take visitors from the Bluegrass area into the mountains. The opening of the Kentucky Rail Heritage Center in Ravenna ties into that idea nicely. Restoration of the existing depot buildings such as the one still standing in Beattyville could allow for a place for such an excursion train to stop on its way to Jackson, Hazard, and beyond. Imagine a passenger train heading into the hills, meeting a train still carrying coal or timber? It would be the best of both worlds, with railroad tourists revisiting the past while seeing that the rail line can remain a vital commercial link.

While the railroad is salvageable, the Kentucky River is beyond hope. The locks and dams that once made the river navigable up to and a bit beyond the spot where the North and South Forks meet in Beattyville have been closed, and in many cases, sealed. None of the locks beyond Frankfort are operational, and it's doubtful they could ever be put back in working order. Decades of malignant neglect, first by the U.S. Army Corps of Engineers and later the Commonwealth of Kentucky, rendered one of the area's great assets useless.

There were great hopes for Beattyville shortly after Lee County was founded in 1870. History books tell of grand dreams in which the town would become a natural resource capital and grow to possibly be the size of New York or Boston. Although loggers floated timber down the river to downstream mills, the hopes of growth for the town at the beginning of the river's main stem never materialized.

Now, it would be impossible not only for anything to be shipped downriver, but also for tourists to make the journey. Passenger boats are unable to make their way from the confluence down through the Palisades to the Ohio. Back before the locks were closed, a group of river advocates used to make an annual journey from Beattyville down to Frankfort to bring awareness to the stream's value to the communities through which it passes. Now, boats can only ply the pools in which they're launched.

There's a great tourist market that's gone forever unless the state somehow opens the locks back up. Imagine boarding a boat in Beattyville and heading through the rural countryside until you reach Irvine, then continuing on past historic Boonesborough, Clays Ferry and Valley View, Camp Nelson, the Wild Turkey distillery, tthrough the Palisades and under High Bridge, until you arrive at the capital city. Or how about the trip in reverse? Folks from the Bluegrass could take a boat tour along the river and end up at its origin, enjoying the views and the history made along the stream.

The state still operates the locks between Frankfort and Carrollton -- is anyone surprised -- but everything beyond Lock 5 near Lawrenceburg isn't really a river anymore, but instead is a series of long, narrow lakes. Kayakers and canoe operators can take their crafts out of the water and walk around most of the dams, but those in bigger boats are stuck where they are unless they want to load their boats up on their trailers and drive to a launching ramp in the next pool.

The river and the railroad are valuable assets for the communities through which they pass. Full use is probably gone forever for one of them. Locals need to fight to ensure the other remains viable. Surely, no matter what avenue we want our economic future to travel, all can agree that the river and the railroad are worthy of use and preservation.

Thursday, January 16, 2020

Pitching the tent for Act 2 of the DC circus

Those of us with discernment have long recognized the impeachment proceedings against President Trump for what they are: A partisan attempt by the Democrats to oust a president they know will be difficult, if not impossible, to beat in this year's election. Why else would many in that party have been looking for ways to impeach him even before he took office? And they chose to use the claims of a "deep state" federal employee who disagrees with his superiors' policies as the impetus to push this laughable move to subvert the will of the American electorate.

After the urgency with which the House Democrats moved the articles, saying Trump was a danger to American security and needed to be removed from office, they proved themselves to be hypocrites as Nancy Pelosi refused to hand them over to the Senate for action until she got certain concessions on how the trial would be conducted.

We've been told over and over again how the impeachment process was similar to grand jury proceedings, and that the impeachment is akin to an indictment. If that's the case, then Pelosi's shenanigans are no different than a grand jury foreman demanding that a trial be conducted according to his or her wishes.

Pelosi finally had to abandon her demands, but her ploy may have backfired. Developments change nearly daily in the matter, but as of now it appears that Mitch McConnell and the Senate Republicans may acquiesce to the Democrats' demands that additional witnesses who weren't heard during the House hearings be called during the trial, but with the caveat that Republicans can call their own witnesses. "Tit for tat," it's been described.

This is actually brilliant. If John Bolton or Mike Mulvaney are going to testify, then why not Joe Biden? After all, the whole thing started when Trump called for an investigation into Biden withholding U.S. funding to Ukraine until a prosecutor who was investigating his son was fired.

Funny how that works. Biden gets no scrutiny for his role in withholding American money -- in fact, this country's left and their accomplices in the mainstream media have defended that act -- yet somehow Trump's a bad guy because he supposedly withheld American money until Biden's actions were addressed.

And how about Eric Ciaramella, the all-but-acknowledged whistleblower whose complaints about Trump got this whole process underway? Shouldn't he be required to give an accounting of himself and why he felt Trump's acts were wrong?

Why not call Adam Schiff? It doesn't matter that he's one of the House managers for the trial. Prosecutors can also be witnesses, and there's evidence that Ciaramella coordinated his complaint with Schiff. Why did he go beyond any reasonable role a whistleblower might take and actively consult with a congressman who could push for impeachment?

The idea that this is anything akin to a criminal trial is absurd. Think back to the trial of Bill Clinton. There were no witnesses, only advocates. No evidence was presented. It was a foregone conclusion that there were not 67 votes in the Senate to remove Clinton, but Trent Lott rigged the process to guarantee that outcome. Had it been a real trial, Monica Lewinsky's semen-stained dress would have been Exhibit 1 for the prosecution. Democrats were happy with not having a real trial back then. Why have they changed their minds?

Be careful what you wish for, Democrats. You just might get it. Impeachment is a political process, not a legal one. There's no possibility of Trump being removed from office. Even if some of the spineless Republicans like Mitt Romney, Lisa Murkowski, or Susan Collins join the Democrats, there's no way they can get to a two-thirds majority to oust him. No one's mind will be changed in the Senate trial. In fact, the process has galvanized Trump's supporters in the electorate. Media reports stated that fully half of the crowd at his recent raucous Toledo, Ohio, rally was Democrats or independents. If anything, the impeachment and ongoing persecution of Trump has turned him into a victim.

If Democrats really want him out of office, there's an election this year. But they are increasingly coming to realize they don't have a candidate who can topple the incumbent. The socialism of Bernie Sanders and Fauxcahontas Warren, the bumbling corruption of Joe Biden, the warped views on spirituality and morality of Pete Buttigieg -- none of that can compete with a booming economy, new trade deals that benefit Americans first, withdrawals from one-sided treaties that don't advance American interests, and a foreign policy that targets terrorists while trying to cut back on American involvement around the globe and asking other nations to pull their own weight.

There's an added bonus to the trial's timing. Candidates such as Sens. Sanders, Warren, Amy Kloubachar, and Michael Bennet will have to decide whether they want to return to Washington to sit as jurors, or if they want to remain on the campaign trail as the Iowa caucuses and several primaries approach. The trial may take six days a week for as long as six weeks, longer if additional witnesses are called, so those senators face a dilemma. Do they allow Biden, the perceived front-runner, to maintain his lead or Buttigieg to make up ground? Or do Sanders and Warren in particular decide to forego the trial for their presidential aspirations?

As anti-climactic as the trial results are going to be, the event itself is worthy of the Big Top. The whole affair has been one big circus, and Act 2 may provide plenty of entertainment, even if the outcome isn't in doubt. Ladies and gentlemen, and children of all ages, let the show begin.

Tuesday, January 7, 2020

New candidate filing deadline does a disservice to Kentucky voters

For years, one of the biggest complaints Kentuckians have had about the deadline for filing to run for seats in the state legislature was that it came too early in the General Assembly's biennial (now 60-day) session.

With the filing deadline in late January, but with the legislature not adjourning until April 15, most of the session occurred after senators and representatives knew whether or not they would have opposition. This, the reasoning went, gave them cover to vote on unpopular bills, knowing they wouldn't draw an opponent in the primary.

So what did the legislature do? Instead of pushing the filing deadline back until later in the session, they moved it up. Previously, the deadline was the last Tuesday in January, which was still far too early. Now, candidates have to file by the first Friday following the first Monday in January as a result of Senate Bill 60 passed by the General Assembly last year. . This year, that's Jan. 10.

This means that practically the entire 60-day legislative session will play out after legislators know whether or not they are guaranteed renomination. That gives legislators even more time to pass bad bills.

And plenty of them will be forthcoming. There are numerous anti-Second Amendment measures that have been prefiled, including some with bipartisan support. There's a proposal to increase the state sales tax to 8 percent. And no doubt, there will be another effort to increase Kentucky's gas tax, which -- sadly -- has been championed by some GOP representatives as well as so-called conservative groups like the Kentucky Chamber of Commerce.

Back before Kentucky adopted annual legislative sessions, an oft-heard bromide was that the state would be better off if the General Assembly met for two days every 60 years instead of 60 days every two years. The less time the legislature's in session, the less damage it can do to your freedoms and your paycheck.

Now, the Republicans who hold the majority in both chambers will have even more time to wreak havoc and work mischief to the detriment of the state's taxpayers. If the deadline had been pushed back to the end of the session, legislators would have to look over their shoulders with every vote, fearful of angering constituents and attracting an opponent.

Under the new system, the field of candidates will be set before the first week of the 2020 session concludes. This doesn't bode well for those of us who saw what happened two years ago with the services tax, which outraged voters in both parties. Would the Senate and House of Representatives have overridden former Gov. Matt Bevin's veto if members had known it might make them vulnerable to a primary challenge? Possibly not -- which may be why they moved the deadline up. Incumbents are usually all about self-protection, and this is another good example.

I don't recall any discussion on this legislation when it was under consideration, and I certainly never heard any good arguments for its passage. What was the rationale? This move is a disservice to Kentucky voters and taxpayers. In the end, it provides yet another good example of how the GOP's "new majority" in the legislature hasn't been the huge success we hoped for when we finally flipped the House and gave Republicans control.

Wednesday, January 1, 2020

Beshear's position on fraudulent teacher sick day use provides another test for Daniel Cameron

It's the first Sunday of April, and Tommy Teacher is sitting at home in the afternoon, enjoying the day, when his phone rings.

On the other end is a friend of his with an offer.

"Hey, Tommy, I have tickets to the Reds Opening Day game tomorrow. They're right behind the visitors' dugout, five rows back. Want to go?"

Tommy's been a lifelong Cincinnati Reds fan. It's an offer that's too good to be true. Of course, there's one big problem. He has to work the next day. School is in session.

But he comes up with a solution.

"Sure," he tells his friend. "I'll drive and I'll pick you up at 8 in the morning."

Then he calls his school principal.

"I'm sick, and I won't be at work tomorrow. Can you call a sub for me?"

So, Tommy Teacher calls in sick, despite feeling just fine. And instead of going to school on Monday, he heads north across the river to watch the Reds open up what will probably be another disappointing season.

Is that right? Is that even legal? Kentucky's new governor thinks it is.

Something similar happened during last year's legislative session, but instead of going to ballgames, Kentucky teachers called in sick by the hundreds to go to Frankfort to protest pending legislation. So many teachers fraudulently called in sick in some school districts that superintendents were forced to cancel classes those days.

Common sense indicates that this is an inappropriate use of sick leave. Various state laws do as well.

Public school employees are paid with tax dollars, the same as state employees. There are definitive policies and guidelines for state workers on how leave time is to be used. Sick leave is reserved for specific purposes. Sudden illnesses, scheduled medical appointments, caring for sick relatives, and bereavement are the allowed uses for sick leave. If a state employee wants to be off for other reasons -- say, to attend a ballgame or go to Frankfort to protest something -- they are required to use annual leave (the state's term for vacation) or accrued compensatory time. Improper use of sick leave is against both state law and agency policy. Employees who do so are subject to discipline, which can range from a verbal or written reprimand to suspension or even dismissal.

On New Year's Eve, Gov. Andy Beshear gave his blessing to the teacher sickouts, claiming they were protected First Amendment speech. He rescinded an earlier declaration by former Gov. Matt Bevin's Labor Cabinet that the sickouts were illegal. It's yet another instance of how he has pandered to the educational bureaucracy since he took office last month.

If teachers want to protest, good for them. They have an absolute First Amendment right to free speech and to petition the government for a redress of grievances. They do not, however, have a right to improperly use sick days to take off work to go rally on the Capitol steps when they should be using personal leave. And if their school districts don't allow personal days, then they should be protesting at local board of education meetings to have them approved, as each individual district sets its leave policies.

The declaration by the Bevin administration amounted to a "don't do it again" scolding, because neither the Labor Cabinet nor the Department of Education decided to prosecute any teachers for the violations. (There was never any danger of individual school districts punishing teachers for their time and attendance fraud, because the administrators are sympathetic to the teachers' cause, and they even allowed some to take school buses to Frankfort for the rallies/protests.) Beshear's announcement gives them free rein to do it all over again during the upcoming session without fear of punishment or reprimand.

But this gives new Attorney General Daniel Cameron yet another opportunity to stand up for what's right. He can enforce the state's sickout and public employee time and attendance laws and regulations. He can certainly prosecute any teachers who call in sick but show up in Frankfort at protests. Whether he will or not remains to be seen. He can either make some sort of announcement as to how his office will handle the matter, or he can wait to see if it comes up during the 2020 legislative session and then act accordingly. It's yet another test of just how vigilant he will be in protecting Kentuckians from the bad policies of the new governor.

In the meantime, though, teachers have the green light to use their sick days for whatever reason they want. Go to a Reds game, as in our fictional example? Fishing? Deer hunting? An impromptu shopping or movie trip? A long weekend in Gatlinburg? It's all fair game now, thanks to a governor who would rather cater to a core constituency of his instead of enforcing the law and ensuring proper proper conduct by tax-paid public employees.