Vote the Bums Out

Legislator Admits He Received IHC Contract Because of Membership on Legislative Task Force

2006-05-13T15:46:00Z

Another Fox is Added to Group Investigating Why the Chickens are Disappearing.

Representative Brad Last of St. George has been trying to get Intermountain Health Care's attention for the past 10 years without success. You see, Last owns Home Health Services, the parent company that owns home health care companies in Southern Utah, Las Vegas, Nevada, and in Prescott, Arizona. His company in the southwestern region, Southern Utah Home Care and Hospice, has offices throughout the region, in St. George, Hurricane, Kanab, Cedar City, Enterprise, and Mesquite, Nevada.

Representative Last's company provides excellent service and has a sterling reputation. For this reason he has been frustrated with IHC's refusal to allow his company to serve their patients and, until recently, he has been vocal about it.

You see, 18 months ago Last was appointed to the Utah Legislature's "The Privately Owned Health Care Organization Task Force." The task force was born out of a 2005 legislative effort to tax and later break up Intermountain HealthCare.

Now Last's frustrations with IHC has come to an end. We learned three days ago he was awarded a large contract with IHC giving him access to IHC's patients. IHC usually awards these types of contracts by requesting multiple bids from health care providers. In this case, the bidding process was eliminated and the contract went directly to Last.

I spoke with Last on Thursday, May 11. He told me his contract with IHC was no big deal and in fact he thought he might lose money on the contract. He said his company's services were so needed that, out of a desire to help the people in his area, he would lose money.

When I asked him if the contract was awarded to influence his favor on the task force he said,

"There is no doubt I got the contract because of my membership on the task force. If I wasn't on the task force I would not have received the contract."

Last promised me his new relationship would not bias him in favor of IHC.

Last joins four other members of the task force who are severely IHC conflicted. Reps. Greg Curits and David Clark are married to an IHC employees. Reps Stephen Clark and James Dunnigan serve on IHC boards.

Another fox is added to group of foxes investigating why the chickens are disappearing!!

Petition in Alpine Asks State to Void Charter

2006-05-13T15:29:00Z

CALEB WARNOCK - Daily Herald May 13, 2006

Alpine residents have gathered hundreds of signatures on a petition demanding the state charter school board rescind the charter of Mountainville Academy.

Petitioners allege Reps. Jim Ferrin, R-Orem, and Mike Morley, R-Spanish Fork, have abused their power and have "ethical conflicts of interest" associated with the school, as well as some Alpine city officials. Morley and Ferrin are involved with the company building the school.

Morley denies the accusations, though, saying those opposed to charter schools have tried for several years to prove he and Ferrin have a conflict of interest. But a legislative ethics committee investigation into his and Ferrin's involvement in charter schools found no wrongdoing, Morley said. Ferrin did not return a call for comment.

Marlies Burns of the Utah Charter Schools Office said to date no charter school in Utah has had its charter revoked. Petitioners from Alpine are scheduled to meet with the board on May 20.

Residents of the Healey Neighborhood in Alpine organized themselves into an anti-Mountainville group after learning the school was eyeing their neighborhood after neighbors at the school's first site on 100 South went to city meetings demanding the school find a new location.

Before presenting the petition, members of the group are working to gather as many signatures as possible and want to give every Alpine resident a chance to sign, said organizer Dave Barlow.

Even though the school has yet to file an application for construction with Alpine officials for the site, Healey Boulevard residents have already crowded into a Planning Commission meeting and a City Council meeting to vent their anger about the proposed school.

Gaylee Coverston, Mountainville board member, said that in investigating a Healey Boulevard site the school was only doing what the city had asked it to do -- find another location, even though it already has all the local and state permissions needed to begin construction on its first site choice on 100 South in Alpine.

Neighbors of the 100 South site were so vocal in their anger about that site choice that city officials asked Mountainville organizers to find a new site for the 675-student school, despite warnings from the city attorney that residents at any new site also would protest having the school nearby.

"We are really trying to work with the city and they asked for multiple sites," Coverston said. "We want this to be a united effort with the city, but at the same time we would love to have respect from the residents. We want to be welcomed and be part of the community. That is what Mountainville is all about. It is about the things we want our children to become."

"Unlike traditional public schools, most students are dropped off in the morning by cars from outside the residential neighborhood in which the school is located," Barlow said about the charter school in a statement.

"Then in the afternoon, they are picked up and taken out of the neighborhood," he said. "This adds significant stress to traffic on residential streets in a community like Alpine."

"Our rights have been taken away by House Bill 172," said Healey Neighborhood resident Calli Taylor, referring to state legislation mandating that city councils cannot turn away any public school.

The lottery that charter schools sometimes use to determine which students are accepted means "you could be living next door and your child is not able to attend," she said. "And we have no voice because the way House Bill 172 was written does not allow us to address things like traffic concerns.

"I'm also concerned that House Bill 172 was written by the very developer and financier, James Ferrin, that is looking to put this school on my street."

The company building the school, U.S. Charter Development, is owned by former Utah legislator Glenn Way. Ferrin, R-Orem, lists U.S. Charter Development as one of the businesses with which he's associated on his Declaration of Conflict of Interest for the Utah House of Representatives. Morley doesn't specifically list the company on his declaration, though he lists "charter school development, including construction and lease back of facilities."

In addition, because their wives are spearheading efforts to organize Mountainville Academy, Mayor Hunt Willoughby and Councilman Thomas Whitchurch have conflicts of interest that should preclude them from voting on or supporting the school, Barlow said. Council members have publicly denied conflicts of interest.

Morley said Healey neighbors have threatened charter school founder Rebecca Whitchurch "and told her they would destroy her and her husband in town and drag their name through the mud to get this charter revoked." "I feel so bad for the Whitchurches," Morley said. "They don't make one dime for the work they are doing. They donate their time and effort to promote something they believe in, which is school choice, and they have received threats and letters from this group that is uncalled for."

Whitchurch did not return calls for comment.

Lawmakers Appointed to Lobbyist Boards While in Office

2006-04-04T02:29:00Z

Salt Lake Tribune April 3, 2006

Utah lawmakers' conflicts of interest

Opinion
The Salt Lake Tribune
Click Here to Read Article

Utah legislators who have serious conflicts of interest should not vote on bills with which they have the conflict.

I am aware that our Legislature is part-time and that there may be instances where it would be impractical for legislators to recuse themselves from voting (e.g., a dentist not voting on medical issues, a teacher not voting on education issues).

What concerns me is when legislators are appointed to and sit on boards of organizations that lobby the Legislature and then do not recuse themselves from voting on issues dear to those organizations. These legislators are appointed to these boards after they are elected to office, and in many cases they vote in favor of the organizations they serve. Cases in point are Sen. Curtis Bramble and Reps. James Dunnigan and Stephen Clark, all of whom were appointed to Intermountain Health Care boards during their legislative tenures. There are many others with similar kinds of conflicts.

One must ask two important questions. Would they have been appointed to these boards if they were not legislators? Is the reason for their appointments to influence voting?

In most other legislative jurisdictions, even the appearance of a conflict is enough to require recusal. Why? Because even the appearance of a conflict undermines the public's trust in the legislative process.

Then, why not here in Utah? Why should we be below the acceptable standard when it comes to ethics? We need to tighten the existing conflict-of-interest statutes to eliminate this practice.

Steven DeVore
Orem

"Sleazy State Legislators Fill Public Trough with Their Votes and Then Feed From It in Their Professions"

2006-04-04T02:25:00Z

Salt Lake Tribune April 3, 2006

Some see conflict in Alpine charter school
Residents opposed: State and local officials would be part of the approval, building and running of the school

By Mark Eddington
The Salt Lake Tribune
Click Here to Read Article


ALPINE - Think fighting city hall is tough? Try duking it out with city and state lawmakers. Some Alpine residents insist that's the task they face to stop a charter school from coming to their neighborhood. If approved, Mountainville Academy would bring 675 students to about seven acres at 365 E. 100 South. Martin Southwick, whose son was hit by a car 2 1/2 years ago on 100 South, says academy traffic would further endanger children. He says stopping the school won't be easy because of conflict-of-interest issues. "It kind of stinks," said Southwick, one of dozens opposed to the academy. "It feels like there is some sort of back-room dealing to get this installed." The problem is, he and others say, Councilman Thomas Whitchurch's wife, Rebecca, is chief executive officer of the charter's board. Mayor Hunt Willoughby's wife, Aniva, also is involved. What's more, Rep. Mike Morley, R-Spanish Fork, is the contractor and Rep. Jim Ferrin, R-Orem, is the financier. Both are vocal champions of charter schools in the Utah Legislature and partners with former GOP state lawmaker Glenn Way, also of Spanish Fork, in U.S. Charter Development. "I don't think they should profit from legislation they helped pass," said Southwick, who feels the same way about Thomas Whitchurch having a vote on the issue. Whitchurch, however, notes state law allows charter schools in all zones. He said Alpine cannot stop a charter from coming but can decide only if the developer has filed an appropriate site plan. He insists he is entitled to vote on the site plan because he and his wife won't make money from the decision. City law, which is more restrictive than state law, bars council members from voting when they stand to "realize substantial financial gain." The only gain he and his wife would get, he said, is greater choice for their children's education. Still, he likely won't vote when the issue comes before the council due to opponents' conflict-of-interest concerns. And Willoughby, who votes only to break ties, does not think Whitchurch should recuse himself. "When you have a conflict of interest," the mayor said, "you declare it. You're not hiding your bias; you're putting it out front." The mayor's wife is a Mountainville founding parent who is poised to put in 1,000 volunteer hours there should they decide to enroll their son there. Alpine City Attorney David Church said opponents are mad at the wrong people. "They ought to be mad at the state Legislature," he said. "There are a couple of state legislators who make a living in the charter-school industry" and have taken away city officials' ability to plan and zone their community. "They basically have allowed charter schools to plan the community." U.S. Charter Development has constructed four charter schools thus far and has another four in the works. Rep. Morley says the company is paying to build Mountainville and stands to lose a lot of money if the school is not successful. "The investors are the ones who take all the risk and stand to lose that investment," Morley said. Ferrin says he has helped enact laws to make it easier to build charters but insists there's no conflict because the legislation made it easier for everyone, not just him. "Most of the people who complain about me [building] charter schools are people opposed to charter schools in the first place," Ferrin said. Alpine resident Susan Smith disagrees. "What we object to is sleazy state legislators who fill the public trough with their votes and then feed from it in their professions," she said. "This is a textbook example of why we need a two-party system in Utah. Republicans have become too powerful and too arrogant. We need some checks and balances." Southwick's neighbor, Kelley Somer, prefers to pass on politics. Safety is her concern. "There will be a huge influx of traffic, and this town and the streets can't manage it," she said. "Our children walk to school." Mountainville, which is scheduled to open this fall, will educate kindergartners through eighth-graders. Board member Linda Seeley said the curriculum will focus on academics, with an emphasis on math and language arts. She said enrollment is almost full. "The majority of grades have a waiting list," she said. Charter schools are alternative, taxpayer-funded public schools that depend on public money - the $2,280 the state allots for each student - to pay their bills. Private firms typically line up investors to pay for construction. Once the schools open, administrators tap diverted taxpayer money to make lease payments on the buildings. meddington@sltrib.com

General Contractor Legislator's Blatant Conflict of Interest Hurt's Injured Workers

2006-04-04T02:21:00Z

Salt Lake Tribune April 3, 2006

Job site safety advocates say HB150 is anti-worker
Contractor sponsored bill: The law stops lawsuits over construction accidents

By Elizabeth Neff
The Salt Lake Tribune
Click Here to Read Article



	Kimberly Guinther, with a memorial to her son, Jessie Gainsforth, who was killed in an industrial accident. (Steve Griffin/The Salt Lake Tribune)

Kimberly Guinther says it sickens her to think the death of her 31-year-old son, Jessie Gainsforth, on a construction site in July was preventable.
   But Guinther, a veteran of construction work, believes it was. Her attorneys are investigating the job's general contractor, which has been cited for violating federal safety standards.
   "I want to make sure they remember my son isn't just another statistic," she says. "It's about time somebody sticks up for those workers."
   The 2006 Legislature, however, has made it more difficult to sue general contractors. HB150 immunized contractors who purchase workers' compensation insurance policies that cover subcontractors on the job site and develop and enforce a safety plan of their choosing.
   The bill's sponsor: Rep. Michael Morley, a general contractor.
   Angering some trial lawyers and victims of job-site accidents, the law has also set the stage for a potential separation-of-powers showdown between the Legislature and the judiciary.
   Morley, R-Spanish Fork, says the new law creates an incentive for contractors to maintain safe job sites. He points to support from the Labor Commission and Workers' Compensation



	Rep. Michael Morley (R) speaks during a House Law Enforcement and Criminal Justice Standing Committee. They were discussing HB64, Driver License Qualification Amendments and HB179, Utah Employment Act. Chris Detrick/Salt Lake Tribune

Advisory Council, a multidisciplinary council of representatives from both employment and labor.
   That rings hollow to Brian Kelm, an attorney who represents injured workers and their families on the council, who says the first time members saw the complex bill was at the Jan. 26 meeting they voted on it.
   "[Morley] sold it to [the council] and gave us the little snippet that this part of the bill is to encourage general contractors to have safety meetings and that everyone on the job site would be covered . . . when the effect of the bill was to insulate general contractors," Kelm says. "Everything about the bill is just a continuing chipping away at the rights of injured workers and their families."
   Some, including lawyer David Parker, who has handled hundreds of workers' compensation claims, argue it does little to increase safety standards and will be devastating for injured workers who stand to recover less from negligent contractors.
   Federal laws already require safety measures. HB150 provides general guidelines but allows employers to choose how their safety plans will be enforced.
   Parker contends the law only serves to increase sales for the Workers Compensation Fund.
    "A person injured on the job is made whole by workers' comp," he says. "That does not adequately pay someone who is injured."
    Morley says his law benefits both workers and contractors, allowing his company and ethical contractors to compete against unethical companies that don't make sure their subcontractors are insured or that hire illegal workers.
   He knows he and other contractors who are members of the Utah House committee who voted in favor of the bill will be able to reap benefits from it. He points to other lawmakers that run legislation in their industries.
   "Anything I can do as a contractor to raise the bar and make the industry better is something I'm interested in doing," he says.
   Dennis Lloyd, senior vice president of the Workers Compensation Fund, which helped write the bill, denied it would benefit the fund. Most companies are required by state law to carry workers' compensation coverage - with or without HB150.
   It is one of hundreds of workers' compensation providers serving Utah, he says, though it has the largest market share.
   HB150 also makes clear lawmakers think the burden of proof rests with injured workers who go before the Labor Commission, says Morley.
    In reversing a Labor Commission ruling in the case of Enrique Martinez last year, the Utah Court of Appeals said the language of the current statute and good public policy urge that employees should not bear the entire burden of proof. The matter is now before the Utah Supreme Court.
   Alan Hennebold, deputy commissioner of the Labor Commission, says the ruling was a bad one that "sets on its ear 10 years of practice." Richard Burke, who represents Martinez, disagrees.
    "Of course they have been laboring under a misconception because these appeals take so long," he says. "Most injured workers get starved out and have to settle for a fraction of their claims because they can't withstand the financial circumstances of an appeal."
   Burke has asked the justices to look at HB150 as violating the Constitution's separation of powers doctrine.
   Martinez - who was working as an extra on the set of "A Life Less Ordinary" when he fell down twice on a rainy set with no signs posted and bright lights in his eyes - says he only wants a way to better his life.
    "They should compensate me for my injuries, but they just don't want to," he says. "Here I am, still waiting."
   A third portion of the new law routes all medical-claim disputes through the Labor Commission - another provision some attorneys fear will mean larger delays for disabled clients.
   Sen. Ed Mayne, D-West Valley City, a longtime labor advocate, sponsored HB150 on the Senate floor and says this week he believed the final version of the bill was a good one.
   Guinther isn't convinced. She wonders what value the general contractor put on her son's life.
   Gainsforth had only been filling in for someone else that day, and Guinther says she thinks he never would have fallen some 17 feet from the lift he was operating had the general contractor made sure a spotter to help him see hadn't left as he worked.
   "I don't want another mother to go through what I'm going through," she says. "It was an unnecessary fatality. I want to make a difference."
    eneff@sltrib.com
    ---
   Tribune reporter Lesley Mitchell contributed to this story.