Deal drops charges against Fletcher Governor acknowledges 'inappropriate' personnel actions By Jack Branner and Ryan Alessi, Frankfort Bureau, Lexington Herald-Leader, August 24, 2006 Read the Court Order Charges against Gov. Ernie Fletcher were dismissed today, and he accepted "responsibility" for "inappropriate" personnel actions after a judge accepted a deal between the governor and Attorney General Greg Stumbo. "The governor acknowledges that the evidence strongly indicates wrongdoing by his administration with regard to personnel actions within the merit system," according to the court order filed today. "Further, the governor hereby states that these actions were inappropriate and that he regrets their occurrence and accepts responsibility for them as head of the executive branch of state government." Fletcher also acknowledged in the court order that Stumbo's investigation and prosecution were "necessary and proper exercises of his constitutional duty." Fletcher had claimed for more than a year that the probe had been politically motivated and that Stumbo was using it to lay the groundwork for running for governor. Later, Fletcher said he agreed to the revised description of the investigation to put the hiring case behind him. With the concessions, Fletcher can walk away from misdemeanor charges that he violated state personnel laws. Stumbo also "recognizes and acknowledges that any action taken by the current administration with regard to the state's classified system were without malice," according to the order. The agreement encourages former or current state employees who think they were affected by improper hirings to seek redress through the state Personnel Board. The deal calls for four members -- Lexington attorney E. Patrick Moores, Timm Marden Hurst of Lexington, Rick W. Ifland of Versailles and Jack C. Smith Jr. of Lexington -- appointed by Fletcher to resign immediately. The board has seven members. The order allows Stumbo to recommend three names for each vacancy. Fletcher may choose among them. At a news conference later, Fletcher repeatedly said "It's over. I've been cleared of all charges today. This is a day we can move forward on the issues that face Kentucky" At one point during the session at the state fair, two of his attorneys Steve Pitt and Kent Westberry said the dismissal of the charges three months after the indictment showed that the prosecutors had "no case." But Fletcher interrupted them to say that he wanted this to be a day "not of finger pointing" but of a fresh start. "I regret the inappropriate actions of the administration" Fletcher said, referring to "young folks" and others with "very distinguished careers who made personal sacrifices to be in government but may have made mistakes." First Lady Glenna Fletcher took the microphone briefly. "Even though I might have been distracted or greatly disturbed by headlines and other things," she never doubted her husband, Fletcher said. Scott Lasley, political science professor from Western Kentucky University, said the fallout from the settlement during the next month will be crucial in determining how Kentuckians — Democrats and Republicans — view Fletcher and Stumbo. On its face, the settlement is good for both men because they no longer have the cloud of the hiring investigation hanging over them, Lasley said. However, Fletcher remains vulnerable because of his low approval rating and poll numbers, and Stumbo might have angered members of his own party by shutting down the investigation so abruptly, he said. Describing the negotiations earlier today, Stumbo said Fletcher's attorneys signed a waiver for Stumbo to participate in the talks for the last two days, Tuesday and Wednesday. The waiver expired at midnight. While allowing the attorney general's office to prosecute Fletcher, a judge had ordered Stumbo earlier to not participate in the case because he was a potential opponent for Fletcher in next year's governor's race. It was "highly, highly unlikely that the governor would ever stand trial," Stumbo said today. A special grand jury that Stumbo sought indicted Fletcher on May 11. Stumbo's comments came before the 43rd annual Kentucky Country Ham Breakfast at the state fair. Fletcher, while entering the breakfast this morning, said it was not appropriate to comment and that he would not talk about the status of any investigation. The governor did not mention a possible settlement during his speech at the breakfast. He did jokingly say that he had attended the Laurel County Chicken Festival, which is advertised as having the biggest frying pan in the world. "I was surprised," Fletcher said. "I thought that was in Frankfort." After his speech, Fletcher told reporters that there are no changes in his plans to seek re-election next year. The agreement would not influence a grand jury report of its investigation of hiring practices in the Fletcher administration, Stumbo said. The Kentucky Court of Appeals said in July that the grand jury may issue a general report but it may not name or identify any unindicted person. Stumbo said he does not think the grand jury "will have anything else to do." Stumbo, who has been mentioned as a possible candidate for governor next year, said the agreement would not affect whether he runs. His main concern in the negotiations, Stumbo said, was to safeguard the state merit system, which is designed to protect rank-and-file state employees from political influence. He said he wants to be sure that every state employee who has been harmed will have a "fair hearing before the state Personnel Board." Ending the investigation could only help the governor, said U.S. Rep. Ed Whitfield, R-Hopkinsville. But Ted Jackson, a Republican party strategist, said even with a settlement, "it will be very difficult for Fletcher to win re-election. Effectively, it appears that Greg Stumbo has pardoned Ernie Fletcher, and all that really stops is the legal bills." Stumbo doesn't have pardon powers. The damage already has been done to Fletcher, Jackson said, and people "simply want to move on."