Merit hiring investigation nearing an end ...
Gov. Ernie Fletcher indicted in merit hiring probe

GOV. ERNIE FLETCHER

By JIM BROOKS
Nelson County Gazette

April 11, 2006, UPDATED 11:45 p.m. -- Louisville media reported a few moments ago that Gov. Ernie Fletcher was indicted this afternoon on charges of criminal conspiracy, official misconduct and for violating the prohibition against political discrimination. The charges are misdemeanors.

Fletcher is the third governor in the state's history to be indicted while in office.

The indictment was handed down about 4:30 p.m. this afternoon by the Franklin County Grand Jury that was empaneled last summer to investigate allegations of abuse in the state merit system by the governor's administration and appointees.

An additional indictment for perjury, a Class D felony, was issued today for former state highway engineer Sam Beverage.

The grand jury also returned to Franklin Circuit Judge William Graham 14 more indictments that are under seal. Those indictments cover crimes that may have occurred prior to the governor's blanket pardon issued Aug. 29, 2005. In that pardon, Fletcher pardoned everyone but himself.

The Herald-Leader is reporting that on the charge of conspiracy, the indictment states Fletcher “ordered, directed and otherwise approved the development and implementation” of what became known as the governor’s personnel initiative.

That initiative, which included participation from cabinet aides across the administration, tracked the political backgrounds of new hires.

The newspaper is also reporting that in the second indictment for official misconduct, Fletcher is accused along with other “co-conspirators” of ordering or approving “the appointment, promotion, demotion, transfer or dismissal” of rank-and-file state workers who are supposed to be judged on their qualifications, not political affiliations.

The third count charges Fletcher with violating the prohibition against political discrimination because he “willfully ordered, directed or approved” the firing of Michael Duncan, an investigator in the Transportation Cabinet’s Office of Inspector General.

Duncan was an investigator in the Transporation Cabinet's Office of Inspector General who had contributed to Fletcher's 2003 Democratic opponent and was fired May 13, 2005. That was the same day another Transportation Cabinet whistleblower dropped off boxes of files to Attorney General Greg Stumbo, launching the merit system investigation.

The grand jury's term expires this month, and Attorney General Greg Stumbo was not expected to seek an extension.

Fletcher's attorneys have been fighting in court to prevent the grand jury from issuing a public report of its findings, citing the governor's blanket pardon of anyone in state government who might be indicted by the grand jury.

Fletcher and his supporters have long contended that the investigation into state hiring practices was a politically motivated vendetta.

An indictment represents only one side of a case and does not automatically imply guilty.