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DEF is a non-partisan, independent political blog based in the
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Scott Eckersley, a lawyer fired from Gov. Matt Blunt's office, filed a suit today that accuses several top Blunt aides of ordering the illegal destruction of state e-mails to prevent potentially damaging messages from being turned over to reporters. The suit contends that Eckersley was fired for repeatedly pressing Blunt aides with warnings that such orders violated state record-retention and open-records laws. Eckersley's firing violated state law protecting whistle-blowers, according to the lawsuit. Filed in Jackson County Circuit Court, the suit names Blunt, three former or current top aides and the deputy Office of Administration commissioner, Richard AuBuchon.
All the defendants named in the suit:
Governor Matt Blunt
Ed Martin, Blunt's former chief of staff
Henry Herschel, Blunt's former general counsel
Rich Chrismer, Blunt's communications director
Richard AuBuchon, deputy Office of Administration commissioner
Gov. Matt Blunt gave the kind of Christmas gift Sunday that only a governor can give.
Blunt announced his decision to pardon Alicia Allison-Brown, Jesse Barnes, James Birdwell, Sr., Craig Johnson, Robert Jordan and Carl Smart, who all were convicted of non-violent offenses years ago and have since, according to Blunt, become and remained law-abiding citizens.
None of the people pardoned were currently in prison and several of them committed their crimes decades ago and were only sentenced to probation, which they have long ago completed.
More from the governor's office on the people who were pardoned:
In 1990, at the age of 23, Alicia Allison-Brown was convicted of stealing. She was sentenced to four years probation and 120-day shock incarceration. Ms. Brown applied for pardon in 2005. Ms. Allison-Brown is married with one child. She is a member of FEMA Missouri Task Force I, serving as a Canine Search Specialist and trained in Tech Rescue
In 1961, at the age of 24, Jesse Barnes was convicted of 2nd degree arson. He was sentenced to three years in prison and paroled after serving five months. He successfully completed his parole. Mr. Barnes applied for pardon in 2006. Mr. Barnes is a self-employed and professional painter. He has been married for 40 years and has three children as well as grandchildren.
In 1963, at the age of 20, James Birdwell, Sr., was convicted of malicious destruction of property. He received a one year suspended sentence and two years of probation. Mr. Birdwell applied for pardon in 2003. Mr. Birdwell has owned a small construction business for nine years and previously worked for the Kansas City Star for more than 10 years. He has been married for 45 years and has five children and 17 grandchildren
In 1985, at the age of 19, Craig Johnson was convicted of the crime of stealing. He was sentenced to three years probation. Mr. Johnson applied for pardon in 2004. Mr. Johnson is a minister and chaplain in the U.S. Army where he has achieved the rank of Captain. He served in the first Gulf War where he received numerous decorations and awards.
In 1990, at the age of 21, Robert Jordan was convicted of the crime of stealing. He was sentenced to two years probation. Mr. Jordan applied for pardon in 2003. Mr. Jordan and his wife have three children and serve their community as Emergency Medical Technicians.
In 1980, at the age of 28, Carl Smart was convicted of 2nd degree arson and deceitful stealing. He was sentenced to five years probation, which he completed successfully. Mr. Smart applied for a pardon in 2004. Mr. Smart is a Navy veteran and has worked for the United States Postal Service for 30 years. He is married with three children and one grandchild.
"Ms. Allison-Brown, Mr. Barnes, Mr. Birdwell, Mr. Johnson, Mr. Jordan and Mr. Smart have paid for their mistakes," said Gov. Blunt. "It is my hope and belief that they will continue to be productive citizens."
Missouri’s Probation and Parole Board unanimously recommended that a pardon be issued in all cases. Local law enforcement were not opposed to the four receiving a pardon. In addition each person receiving a pardon has support from their local community, including elected officials, religious leaders, community leaders or neighbors.
UPDATE: The Missouri Republican Party's response to the Dems new video game:
"While Democrats prefer to spend their time and donor resources on frivolous pursuits in a make-believe world, Governor Blunt and Republicans are focused on real world concerns like improving the quality of life for all Missourians, which is certainly no game.
"Missourians want grownups running the state, not children, which is why Republicans continue to be so successful and Democrats continue to play political games instead of offering solutions."
After the resignation of Ed Martin, Governor Matt Blunt today announced that he has selected Patricia "Trish" Vincent to serve as his new Chief of Staff.
The press release:
“Trish is a competent administrator and a dedicated public servant,” Blunt said. “She has tremendous experience and she knows how to lead and manage people. In her new role as Chief of Staff, Trish will be charged with managing my office, staff and cabinet and helping me move Missouri forward. Specifically, I am directing Trish to continue moving us forward on my priorities for education, job creation, implementing my plan to cover Missouri’s uninsured, fighting illegal immigration to make up for Washington’s failure to act and making state government even more efficient and accountable to taxpayers.”
Vincent, 53 of Jefferson City, currently serves in Gov. Blunt’s Cabinet as the Director of the Department of Revenue where she has served since the beginning of the governor’s administration. As director, Vincent answered the governor’s call to make state government do more with less, to produce savings for taxpayers, all while improving customer service for Missourians.
As director, Vincent managed and oversaw the department’s budget and employees. Vincent also worked closely with the General Assembly in representation of the department’s budget and to advocate for legislative changes.
Under her leadership the Department of Revenue collected over $30 million in unpaid taxes to the state with the department’s new tax compliance data warehouse. Vincent helped improve customer service by extending regular business hours at the agency for Missouri customers. The new Internet site she worked to implement, www.whoisnotpaying.mo.gov, is holding accountable businesses that are behind in sales and withholding taxes. And Missourians are saving over $1 million annually in postage and printing for driver’s license renewals and motor vehicle registrations.
Prior to her service in the governor’s Cabinet, Vincent served as Deputy Secretary of State for business services when the governor served as Secretary of State. As deputy secretary of state Vincent managed the Business Services Department, which includes three Divisions: Corporations, Uniform Commercial Code and Commissions, and Branch Offices for Corporations located in St. Louis, Kansas City and Springfield.
In the Secretary of State’s office, she implemented several new technological improvements, including allowing Missouri’s entrepreneurs and employers to conduct business with the office online, 24 hours a day, 7 days a week.
Vincent also served as the In-State Director and District Office Director for former United States Senator John Ashcroft.
“It has been an honor serving in Governor Blunt’s Cabinet and I am excited about taking on this new challenge as his Chief of Staff,” Vincent said. “Governor Blunt has turned the state’s economy around with pro-growth, pro-jobs initiatives that have helped turn the $1.1 billion deficit he inherited into two surpluses in a row. He has kept his promise to increase funding for education every year he has served as governor. He rescued the state’s health care system for the poor. And he cut taxes for Missourians. Governor Blunt has the right vision for our state and I am looking forward to this opportunity to serve and help him make Missouri an even better place to live, work and raise a family.”
Vincent commended the work of outgoing Chief of Staff Ed Martin who helped the governor achieve his priorities for education, health care and tax cuts during the last legislative session, helped enact an important job-creation bill and transportation infrastructure legislation during the special session and helped implement the governor’s directives to fight illegal immigration in Missouri. Martin will assist Vincent during the transition.
Vincent will begin her new duties immediately. Trish and her husband Larry live in Jefferson City and have two daughters.
Ed Martin, who served as Gov. Matt Blunt's chief of staff, has resigned.
The governor announced this afternoon that Martin, a St. Louis resident, had stepped down from the position to "spend more time with his family." He was a key player in the controversy over the administration's retention of e-mails.
Caving to mounting public criticism and still-possible legal ramifications, Gov. Matt Blunt today directed his administration to create a permanent e-mail retention system. Blunt says by doing so he is "setting a higher standard in state government and going well beyond present legal requirements."
The governor said he will act to ensure that anyone using a .gov ("dot gov") e-mail address complies with the higher standard, including all statewide officials.
“I take great pride in my administration’s commitment to being good stewards of taxpayer dollars and commitment to accountable and transparent government. Our state has an open records law and we have followed it. But there is confusion in state government about e-mail retention. For example, some state officials who claim to retain all emails in fact do not. That confusion is not acceptable to me. I am directing the Office of Administration to develop a system allowing for the permanent retention of every e-mail throughout all of state government. I expect all elected officials to cooperate with the Office of Administration in establishing this new and higher standard of openness.
“Because retention will be automatic and permanent, state employees will be released from making case-by-case decisions on what to save. All state e-mails will be retained and be open to the public for its inspection, subject only to the limited and well-defined exceptions where legal and privacy concerns apply.
“This standard will prevent what has happened in Attorney General Nixon’s office, where the spokesperson said that e-mails are routinely deleted, and e-mail record requests to the Attorney General’s Chief of Staff are returned with very significant gaps in time.
“I expect every statewide official, members of the legislature, independent agencies, the judicial branch and anyone using a state government e-mail account to retain every e-mail they send and receive. Transparency and accountability should be bipartisan values.”
Governor Blunt has directed the Office of Administration to develop the computer and technical systems required for permanent maintenance of every state government e-mail. He says he expects their plan as soon as possible, but no later than the end of the year.
UPDATE @ 10:36 AM: As expected, Missouri Democrats are unimpressed by Blunt's new appreciation for the importance of government e-mails.
"Missouri law already states clearly that e-mails are public records and must be retained. Matt Blunt is in this mess not because the law isn’t clear, but because he clearly isn’t following the law," said Jack Cardetti, Missouri Democratic Party spokesman. "It’s a sad day when the only person in state government that refuses to acknowledge this law exists is Gov. Blunt."
"The other troubling part of the governor’s announcement is that it only regulates government email addresses," said Cardetti. "The governor's office has admitted that Gov. Blunt and his senior staff use political email addresses to discuss state business, thereby, evading the sunshine and record retention law. It would appear that the governor’s new retention system applies to everyone in state government except for his office."
Gov. Matt Blunt was questioned today in St. Louis about his administration's regular destruction of government e-mails, which appear to in fact be public records, and the firing of one of his attorneys who apparently questioned the legality of the policy.
Missouri Attorney General Jay Nixon, the likely Democratic nominee for governor in 2008, today said that Governor Matt Blunt's office appears to be breaking the law by destroying their email records.
On Wednesday Gov. Matt Blunt approved the Labor and Industrial Relations Commission’s nomination of Omar Davis to serve as the new director of the Department of Labor and Industrial Relations.
Davis, of Jefferson City, is the director of Legal Services Division and general counsel for the Department of Revenue. Davis previously served as Deputy General Counsel in the governor's office and Securities Enforcement Council for Blunt when he was Secretary of State.
Davis, 32, holds a bachelor’s degree in psychology from Kansas State University and a juris doctorate from the University of Missouri School of Law.
Davis’ appointment is subject to Senate confirmation.
Yesterday Blunt also nominated Rod Chapel, the current director of the Department of Labor and Industrial Relations whom Davis will replace, to a six-year term on the Missouri Administrative Hearing Commission.
Prior to his role as the head of the DLIR, Chapel worked as the Legal Services Division Director and general counsel for the Department of Revenue.
Chapel, 37, previously served as an associate in the Sly James Law Firm. Mr. Chapel holds a bachelor’s degree in economics from Oklahoma State University, a juris doctorate from Tulane Law School and a master of laws in taxation from Washington University School of Law.
Chapel will replace Terry Jarrett. His nomination is subject to Senate confirmation for a term ending September 12, 2013.
Last week, Governor Matt Blunt and St. Louis Mayor Francis Slay joined to declare Missouri a State of ONE to help raise awareness about global disease and poverty with the ONE Campaign, a non-partisan national program dedicated to the cause.
Governor Matt Blunt was on CNN's "Lou Dobbs Tonight" last week to discuss his new order that everyone pulled over by the Highway Patrol must have their immigration status checked.
The Hispanic Chamber of Commerce of Metropolitan St. Louis warned that the executive order could lead to more racial profiling. Jorge Riopedre, the group's secretary and legislative affairs chairman, told the Post-Dispatch that law enforcement agencies may single out "Hispanic-looking'' people, and take them directly to an immigration judge. He predicted that legal immigrants or citizens could find themselves unfairly forced to prove their status.
"This is not about illegal immigration. It's about due process,'' Riopedre told the Post.
At an unrelated press conference this morning, PubDef reporter Gabe Bullard asked Governor Matt Blunt about the status of his two controversial education appointees, Rick Sullivan and Derio Gambaro. The governor said he remains hopeful that Democratic Senators Jeff Smith (Gambaro's senator) and Joan Bray (Sullivan's senator) will come around and support the men.
There is a bit of Constitutional confusion in Jefferson City today.
As readers of PubDef had expected for weeks (and readers of the Postjust found out today), Governor Matt Blunt withdrew the names of two of his controversial education appointees during last week's special session of the State Legislature. Both State Board of Education appointee Derio Gambaro and St. Louis Public Schools CEO Rick Sullivan were withdrawn from Senate confirmation because of lack of support from their home senators — a customary requirement for successful confirmation.
PubDef has reported than both men are expected to be resubmitted to the Senate soon and would remain in power until at least January, when the Senate reconvenes and again takes up gubernatorial appointments. However, the Governor's office believes it is not necessary to resubmit their names to the senate before next year.
According to a source close to the situation, the Governor believes that simply having the nominees on file with the Secretary of State's office is sufficient enough for the two men to continue to serve on a interim basis. The well-placed source says the Governor is considering not resubmitting the names to the senate until next year.
However, the Missouri Constitution clearly states, in the case of Gambaro, that appointments to the Board of Education must be made with the "advice and consent of the Senate." The law creating Sullivan's positions says the same thing. And apparently, the Senate's Republican leadership agrees.
State Senate President Pro Tem Michael Gibbons (R-Kirkwood) told the Post-Dispatch the decision to pull the names was mutual to avoid a Senate vote. He also said he agrees with Blunt's staff that Sullivan and Gambaro still hold their posts for now. But Gibbons also said he believes the state constitution requires that the governor renew their interim appointments by September 19 if he wants them to stay on until the Senate reconvenes in January.
If these men serve for three months without being submitted to the Senate, it may put every action, vote and decision under close legal scrutiny. And in the case of Sullivan, who serves on a three-person board, if any important decisions are made by a vote of 2-1, a judge may later rule the vote was in fact 1-1 since Sullivan could not legally cast a vote — especially if he is ultimately not confirmed by the Senate.
Governor Matt Blunt today signed the Distressed Areas Land Assemblage Tax Credit Act into law as part of his larger economic development package.
Other provisions of the new law include expanding the Quality Jobs Tax Credit for businesses that add jobs with above average wages and health benefits, expanding tax credits for filmmakers, and legalizing ticket scalping in Missouri. Click here to download House Bill 1.
In the following two-page letter from Governor Matt Blunt to the Missouri Senate, the names of 10 different appointees were pulled from consideration. According to sources, only two (SLPS CEO Rick Sullivan and State Board of Education appointee Derio Gambaro) were pulled because of controversy. The others, including Harris-Stowe University regent Wayman Smith, were pulled because they were unable to make the Senate hearing or some other minor reason.
Click image to enlarge
Blunt will likely re-appoint most, if not all, of the people on this list following the end of this special session of the Missouri Legislature. The Senate would then take up these appointments again during their regular session next year.
However, it is still not known whether Sullivan or Gambaro's senators (Jeff Smith and Joan Bray, respectively) will be willing to support their appointments next session either.
Governor Matt Blunt’s office officially withdrew his nomination of Rick Sullivan as CEO of St. Louis Public Schools yesterday after Sullivan’s State Senator, Joan Bray, refused to sponsor his appointment.
Blunt also withdrew the name of his latest appointment to the Missouri Board of Education, former State Representative Derio Gambaro, after State Senator Jeff Smith also refused to support his appointment at this time.
Both Sullivan and Gambarro were recess appointments. After the governor’s withdrawal this week, he will likely reappoint them after the conclusion of this week’s special legislative session. The senate would then take up their nominations again next year.
In other St. Louis Public Schools news... Superintendent Diana Bourisaw was in Jefferson City yesterday meeting with lawmakers and touting the good things going on in the district. Earlier Story:
In Missouri, the governor selects a judge to serve on the Supreme Court from a panel of three candidates submitted by the Appellate Judicial Commission. The Appellate Judicial Commission is made up of the presiding chief justice, three lawyers chosen by the Missouri Bar and three people appointed by governors.
Before they make the cut, the Supreme Court candidates are asked to complete a questionnaire. Governor Matt Blunt's office has posted their responses on the Governor's website. Click here to read them.
Will Blunt Withdraw Sullivan? [Updated: Gambaro Too?]
By Antonio D. French
Filed
Sunday, August 19, 2007 at 8:57 AM
The term of St. Louis Public Schools' chief executive officer may be even shorter than many predicted.
Governor Matt Blunt's appointment to the Special Administrative Board of the city schools, Rick Sullivan, has yet to be confirmed by the State Senate, and is unlikely to be unless his senator, Joan Bray, sponsors him.
Blunt appointed Sullivan after the legislature ended its last session. As a recess appointment, Sullivan would normally not have to be confirmed until the senate came back in January.
But as the state legislature reconvenes this week, there is growing speculation that Blunt will withdraw Sullivan from the CEO post to avoid his senate rejection and reappoint him again after the special session.
UPDATE: According to Senate Minority Leader Maida Coleman, unlike a veto session, during a special session of the Legislature, the senate carries on with all its normal business, including confirmation of appointments.
The senate is scheduled to take up the confirmation of roughly 45 gubernatorial appointments during this short session. Unless they are withdrawn, that would include Sullivan and Board of Education appointee, Derio Gambaro — both of whom, at this point, do not have the support of their home senators.
The Governor's office has until the last 24 hours of session to withdraw their nominations. He then can renominate them 24 hours after the Legislature adjourns.
Governor Matt Blunt today officially called a special session of the Missouri General Assembly beginning August 20, 2007.
From the press release:
"I want to thank the leaders of the General Assembly for their great spirit of cooperation that I believe will ultimately lead to the passage of these important priorities for Missouri’s transportation infrastructure and Missouri jobs," Blunt said.
Blunt is asking state lawmakers to fast track the Safe and Sound Bridge Improvement Program to repair or replace more than 800 Missouri bridges and enact an economic development package which includes an expansion of the governor’s successful Quality Jobs Act.
Blunt announced his intention to call the legislature into special session after vetoing House Bill 327 and reaching a consensus to pass a more restrained bill that would expand the Quality Jobs programs.
One of the most controversial parts of HB 327 was a $100 million Land Assemblage Tax Credit which, as far as anyone could tell, only one man, "Blairmont" developer Paul McKee, qualified for.
Meanwhile, Democrats are calling Blunt's special session a gift to special interests and his lobbyist brother.
From the Missouri Democratic Party:
Gov. Matt Blunt today called the Missouri Legislature into a special session to work on $70 million worth of special interest giveaways, including a law allowing ticket scalping that will directly benefit his lobbyist brother, Andy Blunt, whose client Ticketmaster wants to resell tickets on the Internet.
While Blunt’s call for a special session won't include tax relief for average Missouri families, it does include a controversial tax break for a wealthy St. Louis developer to buy private land in St. Louis.
"Matt Blunt has made a mockery of this special session by insisting that the needs of his brother’s lobbying clients get put ahead of the economic interests of our state," said Jack Cardetti, Missouri Democratic Party spokesman. "Instead of wasting taxpayer money on a special session for special interests, Matt Blunt should put Missouri’s working families first for a change."
This will be the second time in three years that Gov. Blunt has had to call legislators into a special session to fix mistakes made just months before by him and the Republican majorities in the House and Senate.
According compiled by the Bureau of Labor Statistics, Missouri’s economy is lagging behind the rest of the country. BLS reports that:
Missouri’s unemployment rate, 4.8%, is above the national average.
From May to June (the latest BLS report) Missouri lost 6,600 jobs, the most of any state except Maryland.
Over the past year, Missouri’s job growth is the 16th worst in the country. (June 2006-June 2007, 0.94%)
Since Gov. Blunt took office, Missouri has the 22nd worst job growth rate. If Missouri’s economy had grown at the country’s mean growth rate under the Blunt administration, 26,750 more Missourians would have jobs today.
According to estimates from 2005, the special session will cost approximately $100,000 per week.
