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ONE-ON-ONE - September
2003
by Ed G. Lane
'I Want to See the Entire State
Government Run with Integrity'
Kentucky's Democratic candidate for governor maps out his plan for leading
the state
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Ben Chandler
Ben Chandler, Kentucky’s Democratic candidate for governor,
currently serves as attorney general for the Commonwealth.
He was first elected to
the post in 1995, and in 1999, he was re-elected without opposition
to a second term. Prior to his role as attorney general, Chandler
served a four-year term as Kentucky State Auditor.
Among the issues Chandler
has championed as attorney general are a telemarketing “no
call” list; a program to protect senior citizens from crime,
fraud and abuse; and legislation (“Megans’s Law”)
to protect women and children from sexual offenders.
Chandler holds an undergraduate degree in history from the University
of Kentucky and also earned his juris doctor degree from the
University of Kentucky College of Law.
He and his wife, Jennifer,
reside in Woodford County with their three children.
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Ed Lane: You recently issued “a new declaration of independence”
for Kentucky. What were the key points of this plan?
Ben Chandler: The declaration is the
Chandler-Owen campaign’s effort to bring a higher standard of
ethics to Kentucky. Ethics are very important, given what I perceive
to be a very public concern about what has gone on with our present
governor. For government to operate, ethics are required. People have
to have faith in government for it to be successful. Ethical lapses
cause difficulties. One of the areas I’ve been talking about
cleaning up is the transportation cabinet; that was one of the key
points that I made in the declaration.
EL: What about no-bid contracts?
BC: State government has seen an excess
of no-bid contracts over the last several years and I have called
for ending no-bid contracts. Anything over $1,000, we believe ought
to be bid out. Every citizen, every vendor, every business person
who wants to do business with the state ought to have a fair shot
at that business.
EL: During your 12 years of service
as Kentucky’s auditor and attorney general, how have you demonstrated
commitment to the “new declaration of independence”?
BC: I’ve been very consistent
in what I’ve done to fight corruption in the public arena. Well
over 50 officials of one sort or another have been removed from office
as a result of my efforts as both auditor and attorney general. For
instance, it goes from the removal of the entire lottery board commission
when I was state auditor to the investigation of the governor and
removal of several indicted officials during my time as attorney general.
I have been very careful, in each case, to follow the facts and let
the chips fall where they may. Both Democrats and Republicans have
been investigated, indicted and removed from office during my tenure.
EL: If elected, what will be your
top priority as governor?
BC: The very first thing I will do
is put an ethics code into effect. I’ll sign it right away and
require all members of my administration to abide by it or resign
if they don’t.
Education, ultimately, is the chief
responsibility of state government. I’m determined to continue
our efforts in education. We are on the right path. Kentucky has made
progress. Kentucky is now above the national average, which is tremendous.
Our kids are testing better. We just need to make sure that we get
the resources into our education system to continue this progress
because ultimately it’s the best economic development measure
Kentucky can have, and it’s the best crime-fighting measure we
can have. Education touches everything.
 EL:
The Democratic Party has controlled state government for over 100 years.
Kentucky’s taxpayers seem to perceive that Democrats have used
patronage, no-bid contracts, political appointments, double dipping,
personal service contracts, state employment, and legislation to benefit
political allies and friends of the Democratic Party. Since you are
a Democrat, how will you disassociate your campaign from this issue?
BC: To charge me with any of that
activity is intellectually dishonest. This Democrat has not been involved
in any of those practices. In fact, I would suggest to you that I
am probably the single person who has done the most in the last 12
years or so to fight all of those activities.
EL: As Kentucky’s attorney general,
you indicted Governor Patton’s top aides and labor leaders for
alleged violations in the 1995 governor’s election. The governor
ended up pardoning these individuals this year, prior to their case
going to trial. Even if they had been tried in court, the legal issue
would not have been resolved until after Governor Patton had been reelected
for a second term and served eight years in office. Is public financing
of the governor’s race good legislation that should remain on the
books?
BC: We have gotten rid of the public
financing law.
EL: The law is still on the books;
the General Assembly didn’t fund it for the 2003 governor’s
race.
BC: If public financing is not funded
you might as well get rid of it. But I believe that the law worked
rather well. I was on top of the investigation of the governor’s
campaign. Even though I’m a member of the same party as the governor,
I was determined to see that the law worked.
Length of time was a problem. And,
it was not the problem of the prosecution. My office did everything
it could to push the case forward. The courts, in my view, took their
time and the defense stonewalled the case whenever they could to drag
it out as long as they could.
EL: If there had been irregularities
and Larry Forgy had really won, by the time the case went through the
court system, the governor would have already been re-elected and served
for eight years. Is that good legislation?
BC: Kentucky has a whole host of election
laws that are on the books. Should we get rid of those laws just because
we have to go through a long legal process to enforce those laws?
We’ve got to have a lot of those laws to try to ensure honest
elections. The remedy is to have quicker justice. We need to get the
justice system moving more quickly, particularly in a matter that
is as important as a governor’s election.
EL: Because Governor Patton’s
top aides were involved, does that imply that the governor may have
been involved in the alleged campaign violations?
BC: The governor was not indicted,
so I really can’t speak to his involvement any further than to
say that he was not indicted. But obviously the campaign manager who
ran his race was indicted. You can have whatever view you want to
from that. The attorney general’s office was not able to specifically
prove personal involvement on the part of the governor. If we had
been able to prove that, the governor would have been indicted.
EL: Governor Patton has said that
you have been on a “political crusade” to put him in prison.
What type of legal problems could Governor Patton encounter after he
leaves office?
BC: He’s pardoned these people,
so the case is over. Governors have very broad power and when they
use that power to pardon it essentially ends the case. Governor Patton’s
got his own legal troubles in other areas that don’t involve
me, but for him to accuse me of attempting somehow to have an agenda
to put him in jail is just not the case. I have a duty to perform
as attorney general and that duty requires me to enforce the laws
of this Commonwealth without fear or favor. Just because he happens
to be of my own political party or happens to be the governor doesn’t
mean that I don’t have a duty to follow the facts. That’s
all I have ever done is follow the facts of the case.
EL: How seriously has your relationship
with Governor Patton impacted unity in the Democratic Party?
BC: I don’t think it’s impacted
the party terribly much. The Democratic Party is an idea as much as
anything. What the Democratic Party stands for is trying to provide
opportunity for a lot of people in Kentucky that may not have opportunity.
And it stands for trying to build an economy that includes everybody,
hopefully an economy that’s vibrant and one that really brings
prosperity to our state. Whether I have a problem with Paul Patton
or not, the Democratic Party is the oldest political party in the
world and it is much bigger than Paul Patton or myself.
EL: One of your first acts as the
Democrat’s gubernatorial candidate was to appoint State Representative
Susan Westrom as the Democratic Party of Kentucky chairwoman and State
Senator Daniel Mongiardo as vice-chairman. Why did you select these
two legislators to head your party?
BC: They’re fresh faces. Both
are fairly new to the political process in Kentucky. They’re
moderate Democrats and bring great integrity to the Democratic Party.
I wanted to have a complete break from the Democratic Party of Governor
Patton. We accomplished that with these leaders. In fact, the first
message put on the marquee out at Democratic Headquarters was, “under
new management.”
EL: One of the key issues facing Kentucky
is a demographic shift in population; the metro areas – Louisville,
Lexington, Bowling Green and Northern Kentucky – are showing steady
population growth and the rural areas have declining or static population
trends. Will there be more emphasis in the General Assembly to support
urban legislative initiatives?
BC: This is not a new trend. It has
been going on for quite some time and we certainly have to support
sufficient infrastructure to handle the economic growth in our metropolitan
areas. It’s absolutely critical. Northern Kentucky, Louisville
and Lexington are the economic engines of this state and we must support
and invest in those engines. Kentucky needs a vibrant economy in the
Golden Triangle.
That being said, it’s very important
not to lose sight of what’s going on in the rest of the state.
The people in far Western Kentucky have an enormous amount to offer,
as do the people in Southern and Eastern Kentucky. If the economy
is moving along well in the rural parts of the state, it’s a
benefit to every citizen of Kentucky. When we create taxpayers –
people who are making money – everybody in the state benefits.
EL: For the first time, the Kentucky
Senate has a Republican majority and its president, Senator David Williams,
is a Republican. What are the benefits of having a viable two-party
system in state government?
BC: In my judgment Kentucky’s
always had a “three-party system” – a Republican Party
and two Democratic Parties, each representing separate factions. Each
party represents about a third of the electorate. The middle third,
which represents conservative Democrats, generally decides whether
the regular Democrats or the Republicans govern. I don’t think
that suddenly the legislature has more accountability. There has always
been a high level of accountability because there’ve always been
– in my judgment – three separate parties. But, I think
my administration can work very well with a Republican Senate. It’s
incumbent upon the governor to work with the leadership of both houses,
regardless of party.
EL: Speaker of the House Jody Richards
(D) surprised the pundits and ran a close second to you in the governor’s
race. What is your current relationship with Speaker Richards?
BC: Very good. Speaker Richards is
a fine gentleman and has done a tremendous job as Speaker of the House.
I look forward to working very closely with him.
EL: Major legislation or a constitutional
amendment to expand gaming at Kentucky’s seven racetracks may be
proposed. What is your position on this issue?
BC: I have come out in favor of expanded
gaming. Kentucky is losing far too much revenue across the river to
Indiana and Illinois. Kentucky dollars are paying for services in
those states and we have to do something to recapture that revenue.
At the same time, it’s critical that we ensure the strength and
viability of our horse industry. We can do both of those things with
expanded gaming.
EL: If either the legislation or the
amendment goes through, do you have certain conditions you would attach
to those provisions to limit or control gaming activities?
BC: First of all, I’d like to
see the money go to education. In particular, I’d like to see
it go to teacher’s salaries. I do believe that a constitutional
amendment is required.
EL: What is your position regarding
tax increases?
BC: I’m against them. How’s
that for a short answer?
EL: How will you balance the state’s
budget?
BC: Expanded gaming will help in that
process. An enormous amount of waste can be cut out of state government.
When I was state auditor, we reviewed 30 percent of the state government
in an efficiency study. The study found $900 million that could be
saved annually if someone had the political will to institute those
measures.
Kentucky can save $150 million on
prescription drugs for the Medicaid system. Another $200 million can
be added simply by having the revenue cabinet collect all the debts
that are owed to state government.
EL: How do you feel about raising
gasoline taxes?
BC: The same as I feel about raising
taxes generally. Kentucky has a very bad economy right now and the
measures that have been put in place by our Republican congress have
not assisted us out of that bad economy. But certainly, now is no
time for Kentucky to raise taxes when people have less money in their
pockets.
EL: You recommended cutting 1,000
state employees per year (4,000 over four years) by attrition from the
state payroll. How many employees does the state have and where will
you reduce staffing?
BC: I have also suggested doing a
complete review of state government with an eye toward reorganizing
state government generally. In the 20th century, Kentucky had two
reorganizations: One was instituted by my grandfather in 1936, another
was instituted by Wendell Ford in 1972. It’s time for another
reorganization. Through that process, we will discover where we can
do some cutting and shifting of resources to make sure the services
that are required and expected by the people of Kentucky are still
delivered properly.
EL: Kentucky uses fund versus activity-based
cost accounting. For this reason, government financial reports cannot
effectively measure the costs of providing services, productivity gains,
or the financial feasibility of outsourcing services (personal service
contracts). Would you support modernizing the state’s accounting
in order to provide more transparency of the state’s finances to
the executive branch of government, legislators and taxpayers?
BC: I am always in favor of transparency
and accountability. I’m in favor of anything that we can reasonably
do to provide more accountability for the expenditure of public money.
EL: The rising cost of medical malpractice
insurance is causing hardships for physicians, hospitals and patients.
What are you recommending to solve this problem for Kentucky’s
healthcare system?
BC: There’s no question that
physicians are paying too much for their malpractice insurance. I’m
in favor of creating a mutual insurance company to essentially take
the profit out of the provision of that coverage. We also ought to
have a panel in place whose goal is to weed out any frivolous lawsuits.
EL: How serious are problems in Kentucky’s
transportation department?
BC: Serious enough for me to call
for the entire cabinet to be re-done. I have said that I will ask
for the resignation of all policy makers in that cabinet when elected.
And I intend to place people with the highest integrity in charge
of providing the transportation services for the people of this Commonwealth.
We can find savings in that cabinet and continue to build high-quality
roads and infrastructure.
EL: Do you think the issue at the
transportation department is either that the management has not been
competent or that there’s been illegal or unethical activities
that have undermined it or both?
BC: The attorney general’s office
has spent a great deal of time investigating the transportation cabinet
and is still presently involved in two ongoing criminal investigations.
So, I’m really not in a position, right now, to comment on the
criminal nature of activities in the transportation cabinet. I do
think that transportation could stand some management improvement.
EL: There are 6,000 employees in that
department. Do you feel that there are just a few bad employees or a
rampant problem throughout?
BC: As governor I intend to shake
up the whole cabinet to make sure it is run with the utmost integrity,
regardless of how deep the problem. We will go as deep as required.
EL: The Department of Agriculture
and the Governor’s Agricultural Policy Board have been working
to diversify and “add value” to Kentucky’s agricultural
products. What will be the approach of your administration?
BC: The best opportunity that we have
to further agribusiness is using 50 percent of the Phase I tobacco
money to work on marketing and value-added efforts. I support it whole-heartedly.
I am proud to be the person probably most responsible for bringing
that money to Kentucky to begin with.
EL: What other areas of state government
are a major concern from your perspective?
BC: I’m concerned about every
area. I want to see the entire state government run with integrity.
The taxpayers of Kentucky deserve no less.
EL: The Office of the New Economy
has supported a number of initiatives to stimulate innovation and research
in Kentucky. Do you favor continuation of this effort?
BC: I’m for it and for more of
it. I want to see high-speed internet access throughout the state.
More venture capital funds need to be available for entrepreneurs
in Kentucky. I want Kentucky to have seamless wireless service throughout
the state. One of the things that holds Kentucky back is our inability
to use cellular telephones in many parts of the state. How many people
have gotten frustrated when they’re driving along and say, “you’re
breaking up.” I want to fix that. In fact, I want to lease state
property to build cellular telephone towers in non-sensitive areas.
EL: And then invest that revenue somewhere
else in government?
BC: Kentucky could create venture
capital funds with the revenue. Of course, if you had cellular service
statewide, that would be a significant economic development benefit.
EL: Please explain your proposal to
grant tax credits for companies that hire Kentucky universities to perform
product research and development.
BC: What we hope to do is encourage
companies to invest in research at our universities. If a company
agrees to invest in a research program, the state would provide them
with sufficient tax credits for doing so. I would get experts in the
field to come together and devise a plan that would encourage this
kind of activity.
EL: The Fletcher campaign seems to
be receiving more contributions than your campaign. If necessary to
adequately finance your candidacy, will either you or Charlie Owen put
personal money into the campaign?
BC: We would like to avoid that if
possible. Political campaigns ought not be about money. They ought
to be about ideas, they ought to be about principle, and they ought
to be about this state. One thing that has been disturbing about the
Fletcher campaign has been its effort to get money out-of-state and
to influence this election from sources elsewhere.
EL: What is the top reason Kentucky
voters should cast their vote for you on election day?
BC: They are familiar with my record
of integrity, my record of exhibiting the courage to do the things
that are in the best interest of all of the people of this state.
Ed G. Lane is chief executive of Lane Consultants Inc. and publisher
of The Lane Report.
edlane@lanereport.com
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