Auditor: Former Dayton Independent superintendent got almost $250,000 in unauthorized payments

Case being referred to FBI

New superintendent asked for audit

In the latest of an on-going stream of highly revealing audits of improper activities in local school systems around Kentucky, Kentucky Auditor of Public Accounts Adam H. Edelen just released a new shocker on highly questionable payments to the recently retired superintendent in the Dayton Independent School District.

According to the Kentucky Enquirer’s coverage, which names Gary Rye as the former superintendent, the auditor says the former superintendent got nearly a quarter of a million dollars in unauthorized benefits.

Providing evidence of the seriousness of the findings, the Enquirer says:

“The findings have been turned over by Edelen to the FBI, Kentucky Teachers’ Retirement System and the Kentucky Department of Revenue.”

Go to the Enquirer’s article to see a really dramatic clip from the auditor’s press conference.

Beshear presses again to raise dropout age to 18

I don’t understand what part of “it isn’t working in other states” the governor does not understand, but it’s reported that Kentucky’s governor, Steve Beshear, is again going to propose legislation to raise the minimum high school dropout age in the state to 18.

I researched the performance of Age 18 legislation in 14 states and Washington, DC that have had such a rule for a significant number of years.

This graph shows what I found.

In general, in most of these states with significant Age 18 experience, the trend in high school graduation rates has been worse than the overall national average trend.

I repeated this research again when the 2009 graduation rate data came out, and nothing really changed for these 15 education jurisdictions.

In other words, just raising the minimum age to drop out to 18 does not improve graduation rates. It just means kids drop out at an older age.

But, if we keep them in school longer, we will have to find classroom space for these kids, and there are a ton of them, a lot more than the state has ever wanted to officially admit. So, enacting Age 18 legislation could require new school construction at a time when the state budget is in crisis and many aging school buildings are on hold for repair or replacement.

We will also need more teachers, as well. They don’t come cheap, either.

The governor should know all of that, of course.

Now, if we really want to solve the dropout problem, we must find ways to reignite interest in kids who have become disheartened and turned off by our existing schools. Forcing them to stay inside the school walls is no way to do that.

Creating innovative charter schools could help, as it has done in places like Chicago, Boston and New York City.

Getting really creative with digital learning programs can help, too.

But, turning schools into Age 18 stalags is unlikely to do anything more than create problems like more super frustrated and angry teens. And, after what recently happened in Connecticut, creating frustrated and angry teens is the last thing Kentucky needs.

Bluegrass Beacon: Small business owner: ‘Obamacare’ bad for Kentucky

By Jim Waters

When Dennis Budlove arrived at the Fern Terrace personal long-term care facility in Bowling Green nine months ago, he said “I felt like I came home.”

But will Budlove, 50, who suffers both physical and psychological problems, still have a home in 2014?

If Obamacare’s employer mandates remain unchanged, 4,000 residents in Kentucky’s 94 personal care homes in 82 different counties could face desperate situations, including homelessness.

Obamacare mandates that once firms grow beyond 50 employees without offering health insurance benefits, they must pay a $2,000 annual penalty for each additional employee hired – employees who will end up receiving government-subsidized health insurance.

For Owensboro’s Jack Simpson, owner of Budlove’s home and four additional personal care facilities in Owensboro, Mayfield and Murray, the bill will simply be too high.

Having endured years of abuse from state regulators and pure apathy from nearly every politician he’s approached, Simpson says the $289,000 bill he will receive for not providing health insurance to the 200 caregivers whose jobs he created will cripple operations.

“The cost would be tremendous,” Simpson said. “It would be more than I intend to pay, so that would leave me nothing to do but close.”

While not all personal care homes in Kentucky are as well-maintained as Simpson’s, he is a philanthropic entrepreneur who’s done a remarkable job of building, staffing and providing for his facilities that care for Kentuckians who neither qualify for a nursing home vacancy nor can afford an assisted living facility – all for $38.60 a day.

It’s the Lord’s work.

“I pay $822 a month,” Budlove said. “If you add up what they’re giving me here – especially the medical supplies – it would cost you more than that on the outside. Here, my medical is taken care of; there’s no co-pay and they make sure that I take my medicines at the right time and in the right amount, and they get me to the doctor. Plus, I’ve eaten healthier meals – more fruits and vegetables – since I lived at home with mom.”

How would a shutdown at Fern Terrace impact Budlove and his fellow residents at the impeccably well-run indigent-care home?

“There’s a lot of people here that would be homeless,” he said. “If I had to move out of here, I’d pretty much be lost.”

Whoever said “what happens in Washington stays in Washington” has never met Budlove.

Don’t count on the current gubernatorial administration in Frankfort to ensure the most vulnerable among us – including Budlove – don’t end up “lost,” either.

Simpson has tried repeatedly through the years to get the Beshear administration to assist him in different ways, including helping get personal care facilities qualified for Medicaid funding. Other states, including neighboring Missouri, have already taken this step.

Not only has the Beshear administration refused to help, many of Frankfort’s bureaucrats seem openly hostile to Simpson, his personal care homes and the industry in general.

Including the personal care homes under Medicaid would result in higher reimbursements and save the commonwealth a ton of money.

For instance, many patients in Simpson’s homes are indigent and suffer from poor mental health. Considering a patient’s daily cost at one of Kentucky’s regional mental health hospitals is $685 per day, the fact that Simpson’s facilities are providing that care for a paltry $38.60 a day accrues to thousands in savings each month for each resident.

To slap Simpson with a $289,000 bill would eat up so much of that already insufficient reimbursement rate that he could no longer afford to house, feed and provide medicine and care for the residents at his first-class homes.

It also would add hundreds to Kentucky’s unemployment lines.

Jim Waters is acting president of the Bluegrass Institute, Kentucky’s free-market think tank. Reach him at jwaters@freedomkentucky.com.

News Release: BIPPS joins new coalition to advance wireless access for all Kentuckians

FRANKFORT, Ky. – The Bluegrass Institute, Kentucky’s free market think tank, has joined forces with Citizens for a Digital Future, a coalition of several prominent national and Kentucky organizations, to rid the commonwealth of obstacles that stand in the way of increasing availability of — and access to — broadband and digital technologies.

“The potential for wireless and broadband is unlimited in our state, but the Legislature must get out the bush hog and begin to clear out the underbrush of antiquated, outdated regulations that keep telecom companies from increasing their investment in the infrastructure needed to increase wireless coverage in Kentucky,” said Jim Waters, interim president of the Bluegrass Institute.

Waters spoke at a recent teleconference launching the Kentucky chapter of Citizens for a Digital Future.

Joining Waters was Bryan Sunderland, vice president of public affairs for the Kentucky Chamber of Commerce, who emphasized that increasing access to broadband will help pave the commonwealth’s road to prosperity.

“With seven states along our border and technology making it increasingly easy for businesses to locate anywhere, it is essential that Kentucky maintain a competitive edge in the race for jobs and economic growth,” Sunderland said. “Availability of broadband plays an important role in supporting and fostering job growth.”

Others who participated in the tele-conference launch included CDF chairman John Watson, Gary Gerdemann, executive director of CDF-Kentucky, and Hance Haney, senior fellow at the Discovery Institute, a national public policy think tank.

Expanding — and improving — Kentucky’s tele-communications infrastructure will also play a critical role in our future education policy, Waters said.

“Technology — especially that which utilizes broadband tools like tablets and iPads — already plays a primary role in preparing our students for the challenges of the 21st century workplace,” Waters said.

A recent report by the institute, “Digital Learning Now: Obstacles to Implementation in Kentucky,” calls upon legislators and education leaders to increase students’ access to more virtual and blended-learning class tracks.

For more information, please contact Jim Waters at 270-782-2140 orjwaters@freedomkentucky.com

Political frolicking won’t fill Kentucky’s debt sinkhole

By Jim Waters

This is the season political junkies live for. Presidential elections, with all of their twists and turns, polls and prognostications, are what partisans crave.

The most recent debate between Gov. Romney and President Obama was – if little else – great political theater. I must admit, it was fun – at least for a moment.

But most Americans are not enjoying their current economic lives.

Around 23 million are struggling to find employment. Gas prices are off the charts. And with the looming implementation of the federal health care reform known as Obamacare – our tax burden is getting ready to be heavier than a bag of Fort Knox gold.

Actually, while it’s bad out there across the nation, it’s even worse here in the commonwealth.

The current visionless gubernatorial administration wants to manufacture its own legacy: we didn’t have any money, but we kept the ship of state afloat. Its supporters think we should show more gratitude for our benevolent leaders in Frankfort – especially Gov. Beshear, as if he were our grand Government Papa – that saw the commonwealth through these dark days.

The economic evidence is scant, at best, for such a legacy narrative. Even as the national unemployment rate dropped a bit to 7.8 percent, Kentucky’s has actually increased in some recent months and now stands at 8.4 percent. Many counties have more than 13 percent of their workforce unemployed.

During that period, more than 700 jobs in the state’s health-care industry alone disappeared – faster than debate moderator CNN’s Candy Crowley could tell Gov. Romney to “sit down.”

A primary reason those jobs no longer exist is because of the pressures brought to bear by Obamacare, which is forcing down reimbursement rates to health care providers.

It was hoped that such policies would drive down health care costs for individual Kentuckians. So far, the federal health care reform has succeeded only in putting hundreds more Kentuckians out of work as providers adjust to the lower rates for their services by cutting positions.

But the problems are not limited to the health care sector. Hundreds of manufacturing and professional services jobs also were lost just during that stretch.

Yet – and here’s where most Kentuckians should be scratching their heads – during that same period, when hundreds of good jobs in the private sector disappeared, the government sector added 800 jobs.

So, while thousands of coal miners, manufacturers and health-care workers stand in unemployment lines, government employment is growing – adding positions with their costly perks and benefits, at the expense of the already completely overwhelmed taxpayers.

If you think Frankfort is teeming with hard work these days about how to solve these problems, think again.

The governor is out distributing hundreds of thousands of road-fund dollars in districts where some of his get-along, go-along incumbent political pals are in tough reelection fights.

I’m sure it’s much more fun for the governor to give away your tax dollars to help save the political skins of his comrades than it is to, say, fix the state’s faltering Medicaid program or deal with the commonwealth’s bloated debt..

In fact, a new Institute for Truth in Accounting report ranks Kentucky near the very bottom (No. 46) with regards to state debt and taxpayer burden.

“This state’s bills greatly exceed its assets,” the report declared.

Guess who pays? According to the ITA report, which labels Kentucky a “sinkhole” state, the burden for this debt adds up to $23,500 for every single Kentucky taxpayer.

So, enjoy the flurry and hoopla of the political season while you can.

Kentucky’s sinkhole remains.

Jim Waters is acting president of the Bluegrass Institute, Kentucky’s free-market think tank. Reach him at jwaters@freedomkentucky.com. Read previously published columns at www.freedomkentucky.org/bluegrassbeacon.

Bluegrass Beacon: A federal bailout for state pensions? Say it ain’t so!

By Jim Waters

Could it be that one of the reasons Kentucky’s political leaders continue to kick the commonwealth’s can of unfunded pension-liabilities down the road is because they are counting on a bailout from the federal government? 

Why not?

If private companies like General Motors are too big to fail, then what’s to keep states like Kentucky that face huge pension liabilities from seeking their own bowl of Washington-made green gravy?

It must have made the hearts of Gov. Steve Beshear and his political pals controlling the House in Frankfort leap with relief when they heard fellow Dem and Illinois Gov. Pat Quinn recently run the idea of a federal bailout for his state’s $167 billion pension liability up the political flagpole.

For years – particularly when economic times were good – Kentucky’s politicians padded pension and health-care benefits as a way of currying political favor, even bringing private entities into the take. The bloated system now has 1,701 different entities, along with their thousands of employees, connected to our state government’s pension teat.

The story of states’ failing pension funds has been repeated nationwide. States now face a combined total of$2.5 trillion in unfunded pension costs, including Kentucky’s $34 billion liability.

Giving such funding power to cowardly politicians in the first place was like giving car keys and whiskey to teenage boys. An ensuing crash is inevitable, and a bailout would only acquiesce to their disastrous behavior.

In the same way, bailing out these states would be like repeating that process all over again – even after experiencing such disastrous consequence Besides, do we really want the federal government adding to its already mountainous debt with such bailouts?

As the Wall Street Journal noted while referencing a report by the Illinois Policy Institute, federal bailouts of state pension funds “end up pitting states against each other.”

Why should hardworking taxpayers in Washington state – whose pension system at 95 percent funded is the nation’s healthiest  – be forced to subsidize the abuse of Kentucky’s pension system by politicians in the form of overspending and benefit creep during the past several decades, which has left the commonwealth’s workers’ retirement funding level at barely 30 percent?

This becomes an even more pertinent question when you realize that there has been little interest in ramping down spending by Gov. Beshear’s administration. A new Cato Institute report ranking America’s governors gives Beshear a “D” for his economic performance, citing “his proposed substantial spending increases in recent years.”

To continue proposing “substantial spending increases” even as the state’s pension hole sinks deeper and deeper is the height of fiscal irresponsibility.

What’s worse, politically cozy retirement-board members have hastened the inevitable wreck by using elaborate accounting maneuvers to offer a much-rosier picture of Kentucky’s public pension situation than reality dictates.

By guaranteeing the retirement plans a fantasy-driven 7.75 percent return on investment, the state makes the unfunded liability less than it would be with more reasonable assumptions. It’s like deciding that your bank account will reap a 6 percent return, writing checks on those expected funds, and then wanting the bank to cover the difference when the yields are only half that much.

The bank will do something all right – but it won’t be covering the difference.

The Wall Street Journal compared the federal-bailout idea to “the GM strategy” employed by labor unions during the automaker’s near-demise: “Never make a concession at the state level, figuring that if things get really bad the federal government will have no political choice but to bail out the pensions if not the entire state.”

As long as Frankfort’s politicians can continue to enjoy the political benefits of protecting the status quo by treating their bloated pension benefits as an “inviolable contract,” little incentive will exist to change, and the current administration will drag the commonwealth ever closer to insolvency.

Bluegrass Institute will lead breakout session at this weekend’s Freedom-Liberty Conference in Louisville

LOUISVILLE, Ky. – The Bluegrass Institute will lead a breakout session this Saturday, Oct. 20, at the annual Freedom and Liberty Conference in Louisville.

The conference, in its third year, will be held at the Ramada Plaza, 9700 Bluegrass Parkway, begins with registration on Friday, Oct. 19. at 5 p.m., followed by a leadership training session from 7 p.m. to 9 p.m.

On Saturday, Oct. 20, there will be feature presentations, lectures and breakout sessions designed to equip Kentuckians with the knowledge they need to make an impact across the commonwealth.

“Last year’s event with Dick Armey and Andrew Breitbart were a big hit and the breakout sessions were just as good,” said Jim Waters, acting president of the Bluegrass Institute, who also will be a featured speaker at the Saturday morning session. “This conference will equip individual Kentuckians, help grow an educated electorate and give all who attend a renewed sense of empowerment to protect our founding documents – the Constitution, Declaration of Independence and Bill of Rights.”

The Bluegrass Institute’s breakout session on Saturday from 2 p.m. to 5 p.m. will focus on the institute’s mission, an overview of current policy initiatives, the institute’s Board of Scholars, best practices for open records requests and Kentucky’s public pension crisis.

As part of the institute’s presentation, D. Eric Schansberg, Ph.D., economics professor at Indiana University Southeast and a member of the Bluegrass Institute Board of Scholars, will lead a presentation involving budget, school choice and health care issues.

The institute’s session will include plenty of Q&A and discussion time during each segment.

The keynote speaker for the event is Larry Pratt of Gun Owners of America.

Tickets can be purchased at www.flcky.com.

Bluegrass Beacon: Supreme Court is no friend of educational liberty

By Jim Waters

We’ve seen that many in Kentucky’s legislature and teachers unions are adamant enemies of school choice in the commonwealth.

The Kentucky Education Association has worked for years with powerful politicians to keep even the most rudimentary types of school choice – like the charter schools found in 41 other states and the District of Columbia – from winning out in Kentucky.

But a recent ruling has revealed another player in that axis against any type of educational liberty: the Kentucky Supreme Court.

The court’s verdict allows the bureaucrats at Jefferson County Public Schools to legally neglect the wishes of parents who have enrolled their children in the school closest to home. Instead, the school board is now permitted to force students on a bus that will coast right past their local neighborhood school and on to the other side of town – all in the name of some education elitist’s vision of diversity.

Why are the five justices so eager to jump on the same bus as those who run the failed JCPS system?

The losers in this case are parents who want their children in a school close to home so that the entire family can be involved in their education.

According to one of the two dissenters in the case, Justice Daniel Venters, the court’s decision is akin to the “surrealistic world of The Eagles’ song Hotel California.”

Just like that unfortunate hotel where visitors can check out any time they want but can never leave, the Supreme Court ruled that Jefferson County parents can “enroll” their child in their local school whenever they wish – but the child may never “attend.”

Yeah, you’re not the only one thinking: “that makes absolutely no sense.”

The justices fell back on a 1990 change that amended the law from allowing children to “attend” to one that only allowed them to “enroll” in their neighborhood school.

This was all done primarily to protect Louisville’s failed busing program, but could have consequences statewide for parents who move in order to enroll their children in a neighborhood school that’s part of a higher-performing district.

The whole line of reasoning is even more confusing than the attempts by teachers’ union bosses to explain why it actually benefits students for districts to reward teachers based on longevity instead of merit, prohibit the termination of under-performing teachers, and scoff at the notion that parents – not politicians, bureaucrats or even Supreme Court justices – know what’s best for their children.

In the past, parents with children in failing schools at least had the option of packing up and moving the family to a neighborhood with better schools. Some parents even dream of making such a move.

However, thanks to five justices in long black robes, those dreams went up in smoke – like the smoky exhaust expelled from one of Jefferson County’s road-worn school buses dragging students for miles on end out of their neighborhoods.

In fact, one of those Jefferson County deportation-mobiles recently overturned as a result of another one of its daily 16-mile treks busing students from one end of Jefferson County to another. The accident sent at least one child to the hospital and terrified the parents of the 48 students injured.

The court’s ruling ultimately bodes badly for the increasing number of Kentuckians committed to bringing choice – and reform – to an education system that has nearly doubled in real spending while remaining stagnant in its performance for more than two decades.

It also sends a clear message to all Kentucky families that the commonwealth’s highest court is no friend of educational liberty.

Jim Waters is acting president of the Bluegrass Institute, Kentucky’s free-market think tank. Reach him at jwaters@freedomkentucky.com. Read previously published columns atwww.freedomkentucky.org/bluegrassbeacon.

BIPPS, Heritage Foundation join forces to promote freedom, sovereignty ahead of vice presidential debate

DANVILLE, Ky. – The Bluegrass Institute will join the nationally renowned Heritage Foundation and Family Research Council on an important stop in their 2012 National Values Bus Tour, which will be in Danville on Thursday preceding the only vice presidential debate during this year’s campaign.

Jim Waters, interim president of the Bluegrass Institute, will be among the speakers at a news conference from 10 a.m. to 11 a.m. at historic Constitution Square near Centre College – the site of tomorrow night’s debate – in downtown Danville (134 South Second St, Danville, 40422).

Along with representatives from The Heritage Foundation and Family Research Council, Waters will be joined by the Family Foundation of Kentucky’s Martin Cothran and other state and local dignitaries.

“We will urge the federal government to respect the sovereignty of the commonwealth and to quit violating the constitutional principles found in the Ninth and Tenth Amendments of our Constitution,” Waters said. “A reminder is needed that what happens in Washington does not stay in Washington. As we have seen with the decimation of our economy in general – and our coal-mining industry in particular – the policies of Washington have enormous consequences for the commonwealth.”

All Kentuckians – including media, Bluegrass Institute supporters and citizens – are invited to attend this event, which also will include comments by local and national speakers as well as free materials on critical issues and action steps on how citizens can make a difference in 2012.

Watch Thursday’s debate from 9 p.m. to 10:30 p.m. here. 

For interview information, please contact Jim Waters at 270-782-2140 or jwaters@freedomkentucky.com.

Bluegrass Beacon: Robbing Peter, paying Paul and looking for Mary

By Jim Waters

Like ugly, entrenched weeds overtaking plush gardens, Kentucky’s $34 billion unfunded public pension liability now dominates all budget decisions – not only in Frankfort but also in Kentucky’s 418 cities.

State political leaders have made it clear they are willing to sacrifice human capital before allowing the fiscal realities of the commonwealth’s pension debt to crowd out costly pet projects – or their own opulent retirement benefits.

Giving state workers unpaid furlough days without raises or cost-of-living increases while still finding $122 million to pay for 70 new courthouses reveals that politicians assume plenty of flexibility in how they spend our tax dough.

By fiddling away while the pension crisis spins uncontrollably, most state lawmakers and our caretaker governor demonstrate little urgency for the predicament faced by their brethren toiling in local governments.

While Frankfort holds task force meetings that largely avoid dealing with tough issues like politicians’ pensions, a lack of transparency, reforming pension-oversight boards and eliminating benefit creep, local leaders frantically search for Mary, because they’ve already robbed Peter to pay Paul.

Mayors find her outside police and fire stations where deep cuts in spending on public safety await. They also find her waiting at city managers’ offices as layoffs loom – all so local governments can make their mandated pension payments.

I witnessed this firsthand at a recent Covington City Commission meeting where “Mary” was “found” in the city’s firefighting budget as nine positions went up in budget-cutting flames in order to achieve $500,000 in savings.

Separate the final outcome from the reason for them, and all is not bad news. Financial distress is forcing communities to cut unnecessary spending.

The budget-cutting process revealed that Covington’s fire department spends 65 percent more than departments from other similar-sized cities. Duplication of services also was eliminated as the city and Kenton County merged 911 emergency-dispatch services, saving the city $1 million annually.

While such actions appeal to fiscal conservatives, the motivating force behind them drowns at least some of that elation.

In their presentation to commissioners, Covington fire officials pointed to the city’s pension costs as a driver of the cuts. But they also rightly blamed state legislators for why commissioners are in their current predicament of deciding not if – but which – services citizens will do without.

A contemptible irony of Kentucky’s retirement systems is that the state is not legally bound to fully make its promised pension contributions, yet locals are forced to pay up at rates the General Assembly establishes.

The current state budget requires cities to put aside an equivalent of nearly 40 percent of hazardous duty workers’ salaries and 20 percent of non-hazardous employees’ salaries into the County Employees Retirement System (CERS).

Steve Frank, a certified financial planner by day and Covington city commissioner by night, calculated that means local governments must pay an additional $24,000 to fund pension benefits for hazardous duty workers with $60,000 salaries.

To make its payments, Frank said Covington had to “skimp on maintaining our streets, roads, sewers, and levee system.” It all adds up to a $35 million deferred maintenance bill, “and is why the roads and city look the way they do.”

Many other local leaders tell similar stories.

Even after all their cuts, Covington still is able to fund only half of the estimated $7 million needed to keep its infrastructure from further crumbling.

Local leaders and citizens across the commonwealth are shaking their heads in frustration.

What’s more, even after all the scrimping, scraping, cutting and slashing, the CERS pension plan remains only 58 percent funded and faces a $6.8 billion shortfall.

Firefighters, mayors, commissioners, judge-executives and magistrates wonder: When will lawmakers weed this overgrown budgetary garden?

Jim Waters is acting president of the Bluegrass Institute, Kentucky’s free-market think tank. Reach him at jwaters@freedomkentucky.com. Read previously published columns at www.freedomkentucky.org/bluegrassbeacon.