Changing The Legislative Auditor’s Office And The Fall Of AppHarvest, This West Virginia Morning

On this West Virginia Morning, the demise of eastern Kentucky’s AppHarvest and bills changing the Legislative Auditor’s Office.

On this West Virginia Morning, eastern Kentucky’s AppHarvest was called the future of farming and a way to bring new jobs to coal country. But as Inside Appalachia’s Mason Adams explores, the company fell nearly as fast as it rose and filed for bankruptcy last year.

Also in this show, in our most recent episode of The Legislature Today, bills in both the House and the Senate would change the way the legislative auditor operates. Randy Yohe spoke with Del. Mike Pushkin and House Speaker Roger Hanshaw about the office, which has long been a watchdog of the executive branch of government, making sure that money is spent properly.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

W.Va. Democrats Ask For Investigation Of CPS

In response to the DHHR’s inability to produce Child Protective Service travel records, the West Virginia Democratic Party has asked for an investigation into the department.

On Tuesday, the West Virginia Democratic Party (WVDP) Chair Mike Pushkin, D-Kanawha issued a letter to Gov. Jim Justice, urging him to launch an immediate and thorough investigation into the West Virginia Department of Health and Human Resources (DHHR) handling of a particular child neglect case.

Earlier reporting by Eyewitness News revealed two children were found living in “devastating conditions” in a shed, with minimal facilities and inadequate care, leading to felony child neglect charges against Donald Ray Lantz and Jeanne Kay Whitefeather.

A recent Freedom of Information Act request by West Virginia Watch indicates that no travel records exist from Child Protective Service (CPS) workers confirming that they never visited the home despite multiple complaints from neighbors about the well-being of the children.

“The neighbors in this close-knit community out in Sissonville, the neighbors had been repeatedly calling CPS and at least we don’t see any kind of evidence that CPS responded to that,” Pushkin said. “To me, that’s very troubling and that warrants an investigation.”

In the letter, the WVDP states that they believe this CPS case is not an isolated incident but a symptom of a larger systematic issue within the state’s child welfare system.

“They can’t produce any documents to show that they actually responded, which would lead us to believe that they did not respond to these calls,” Pushkin said. “Is this an isolated incident? Or is this more part of just a culture of complacency or competency over there? And if so, is it possibly due to staffing shortages?”

Pushkin noted Justice’s “flat budget” as a possible reason behind CPS understaffing and shortcomings.

“Now the legislature and the governor can pat each other on the back for passing flat budgets and creating these artificial surpluses over the years,” Pushkin said. “But what does that really mean? It very well could possibly mean that we aren’t meeting essential services that need to be provided to the state, very least of which, would be taking care of children in the state’s custody. If we can’t do that, what can the state government do?”

Ongoing Litigation

DHHR employees and Justice are defendants in an ongoing class action lawsuit, originally filed in 2019, that alleged the state had violated the constitutional rights of more than 6,000 kids in the state foster system. 

Allegations include the state failing to protect children, overburdened CPS workers, and leaving kids to languish in the system without any permanency plan.

Plaintiffs in the suit, A Better Childhood, a New York-based nonprofit, along with Shafer and Shafer and Disability Rights West Virginia, recently asked for sanctions in the case due to lack of evidence retention from the defendants.

The motion accuses the DHHR of “deliberate indifference” to due process claims brought by the attorneys representing foster children against DHHR.

Justice’s chief of staff, Brian Abraham, said in October, that the emails were deleted because of the Office of Technology’s protocol to delete the emails of employees who’d left their positions with the state.

“This administration was unaware that there was a policy in place at the Office of Technology to delete the emails of employees who left employment with the state of West Virginia,” Abraham said. “So there’s no basis whatsoever for any allegation that emails were intentionally deleted from any agency.”

Abraham added that the administration was not sure when the policy began or who enacted it, but said they are investigating this state-wide policy.

Marcia Robinson Lowry,the lead plaintiff in the case, said the defendants knew the emails she sought were evidence in the case.

“We don’t know whether anybody destroyed them willfully, or whether it was just more questions of competence and thoroughness on the part of the state, the state runs right now a very, very dysfunctional child welfare system,” Lowry said.

Dividing the DHHR

During the 2023 Legislative Session state lawmakers voted to divide the DHHR into three separate departments to increase transparency and improve outcomes in foster care. The new departments go into effect on Jan. 1.

There will now be a Department of Human Services for programs like Child Protective Services, a Department of Health and a Department of Health Facilities for facilities like state-run hospitals. Each agency will also have its own secretary to lead the agency.

The new secretaries are Dr. Sherri Young, incoming secretary of the Department of Health, Dr. Cynthia Persily, incoming secretary of the Department of Human Services and Michael Caruso, incoming secretary of the Department of Health Facilities.

Pushkin voted in favor of splitting the department but has voiced concerns about the efficacy of the split in improving health outcomes for West Virginia.

“Well, you know why I voted to split up the DHHR to three separate departments have often said, unless we really address the culture there,” Pushkin said. “Instead of having just one large dysfunctional department, we’re going to wind up with quite possibly three, slightly smaller, dysfunctional departments, until we really start prioritizing what’s important.”

Lawmakers Express Need For Revival Of W.Va. Holocaust Education Panel That’s Been Dormant For Years

A West Virginia commission tasked with educating middle and high schoolers on the horrific events of the Holocaust has lain dormant for years. But some state leaders have been pushing for more than a year to bring it back. Those involved in trying to revive the commission say recent displays of anti-Semitism highlight the need for its existence. 

Gov. Cecil Underwood established the West Virginia Commission on Holocaust Education in 1998 by executive order. Dr. Edith Levy, a Holocaust survivor and Morgantown resident, was the architect of the panel. She had written about her experiences and developed curriculum on the subject.

“There was nothing in the schools, the history book had one paragraph that mentioned the Holocaust. Who was it that said, if you don’t learn from history, you’re bound to repeat it?” Dr Levy told West Virginia Public Broadcasting five years ago.

In 2001, the Legislature enshrined the commission in state code. State law called for 11 members, including educators and state lawmakers. 

As a result of declining health, Levy stepped down as chairwoman of the commission and, since then, the commission laid dormant. 

“We’ve been in limbo since 2014,” state Sen. Bob Beach, D-Monongalia, said.

Beach has served on the commission since being appointed in 2001 by then-House Speaker Bob Kiss. Later, when Beach was elected to the Senate, he became that chamber’s appointee. 

Beach acknowledges that the commission has fallen off in recent years but said recent displays of anti-Semitism have motivated him and others to bring Dr. Levy’s vision back. 

“It’s actually her son who approached me last year following the scenario that played out in Pittsburgh at the synagogue there at the Tree of Life,” Beach explained. “So, he reached out to me during Thanksgiving last year and said, ‘Hey, what can we do to get this moving forward again?’”

“As a survivor, she saw the value of education and getting the message out, particularly at the middle school and high school levels,” Levy’s son, Laurent, said.

As part of the growing effort to revamp the group, House Minority Leader Tim Miley, D-Harrison, nominated Del. Mike Pushkin, D-Kanawha, to serve on the commission.

“Last month, I believe about the middle of November, the minority office — the Democrats in the House — we sent a letter to the Speaker of the House, requesting that I be appointed as one of only two Jews that serve in the Legislature,” Del. Pushkin said. “We asked that I’d be appointed to this commission — and I’ve yet to get a response from the Speaker’s office.”

House of Delegates spokesman Jared Hunt said Speaker Roger Hanshaw’s office is still researching the status of the commission and who the most recent delegate-appointee was. Basically, Hunt said, there are some technical issues that may be at play. 

The commission also hasn’t been funded since 2016, according to state budget documents. 

The governor’s office did not respond to a request for an interview. 

The renewed interest in the commission comes as a photo of West Virginia corrections officer trainees showed many in the cadet class giving an apparent Nazi salute. The story made national and international headlines, and state officials say they are nearing the end of an investigation into the matter. 

Given the timing of his nomination to the commission and the discovery of the photo, Del. Pushkin said the need for the panel goes far beyond any one incident that displays hatred.

“Had this commission been up and running, would it have prevented something like this? I don’t know,” Del. Pushkin said. “But I never think it’s the wrong time to educate our children — even educate our adults — about the atrocities that happen when we stop seeing each other as human beings.”

Those who have ties to the commission say there are growing problems with anti-Semitism — and the Commission on Holocaust Education needs to be revived. 

“There is that pattern that is redeveloping itself — in our country, in our state. Particularly we want to focus on, I think Holocaust education is the opportunity for us to let’s re-educate the public and that’s why we’re back,” Beach said. “We’re coming back to square one. It’s a real education of our students and the general public that the Holocaust was a serious issue. We won’t accept folks standing in a photo working for the state of West Virginia and giving the Nazi salute. It’s just not acceptable.”

Laurent Levy agrees with others who see the need. Levy is not quick to pass judgement on those in the Nazi salute photo. He said it may be a joke — and maybe those cadets didn’t really know what they were doing while making that pose. Regardless, he said, those kinds of messages are dangerous and underscore the need for his mother’s commission. 

“I think a lot of what you’re seeing with some of this anti-Semitism around the world is simple. It’s ignorance — and the only remedy for that is education. We need to have these people taught and shown — and understand what’s really behind that,” Levy said of the photo depicting the corrections officer trainees giving a Nazi salute.

While other states have similar commissions that guide Holocaust education, there are others who mandate teaching the subject — in hopes of educating children.

According to the United States Holocaust Museum, 12 states require Holocaust education as part of their secondary school curriculum. West Virginia is not one of them.

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