Two congressional Democrats want the U.S. Labor Department to investigate how West Virginia law firm Jackson Kelly has handled black lung benefits cases for its coal industry clients.
Reps. George Miller of California and Joe Courtney of Connecticut cite an investigation of the federal program by the Center for Public Integrity and ABC.
Miller is ranking Democrat on the House committee that oversees the program.
The reports say Jackson Kelly withheld medical records that could have helped miners prove they have the disease.
Jackson Kelly has represented coal companies since the mid-1800s.
The company declined comment to the Charleston Daily Mail but says in court documents it has no duty to turn over certain information.
Jackson Kelly says its obligation is to prepare the best case for its clients.
Tag: Government
W.Va.’s political center shifting north from a once booming south
Southern West Virginia has traditionally been a Democratic stronghold, but an article in The Washington Post said that is starting to change.
With a decline in the coal industry’s production and a President enacting stronger regulations on it, the politics are shifting toward the right, at least, that’s what the article claims. But can it be said that a trend in southern West Virginia is actually happening across the entire state?
“Just about everybody you talk to can tell you of a grandfather or a great grandfather who actually came to West Virginia to make a life for themselves and their family and find economic opportunity in the coal mines,” said Karen Tumulty, national political correspondent for The Washington Post.
She spent time this summer traveling southern West Virginia, talking to people.
“The coal miner is just such a part of the shared heritage of West Virginia. The industry has a significance, I think, that goes much, much deeper than economic statistics will tell,” she said.
But as the industry struggles, West Virginians often look to place the blame, and State Democratic Party Chairman Larry Puccio said today, that blame is being shifted to Washington.
“The truth of the matter is I think that West Virginians believe not only the President is not doing enough to support the coal industry,” he said, “but they truly believe the President, with some of his beliefs and restrictions are harming the industry.”
Puccio said leaders from his party inside the beltway are making it clear they stand against the President and his position on coal, but with each election, the Democratic Party in West Virginia appears to be growing weaker as more and more Republicans are taking office. At least, that’s how Tumulty depicted the party in her article, “A Blue State’s Road to Red.”
“The southern part of the state has traditionally been the most deeply Democratic part of the state,” Tumulty said. “That is where the Democratic Party has always gotten the bulk of the votes with which it won statewide.”
But she added that trend is changing.
At the federal level, West Virginians are slowly turning away from their Democratic roots and voting Republican. She wrote, “What’s happening in West Virginia runs against the tide nationally, and even more, against the pull of its own history.”
“If I have difficulty with the story, it is it’s concentration on the narrative in southern West Virginia,” said Dr. Robert Rupp, professor of history at West Virginia Wesleyan College.
"Fifty years ago, southern West Virginia was the key economic driver, it was the key to the Democratic Party, it held political power, but now in the 21st century, we have seen a rapid decline in all those factors in terms of population, in terms of the economy and in terms of political clout." – Dr. Robert Rupp
He questioned Tumulty’s ability to assert the entire state is experiencing this change in party when she focused only on one region.
“Now, 50 years ago, southern West Virginia was the key economic driver, it was the key to the Democratic Party, it held political power,” he said, “but now in the 21st century, we have seen a rapid decline in all those factors in terms of population, in terms of the economy and in terms of political clout.”
“So, if you just visit this one section where there is decline in West Virginia, it’s an interesting narrative to ask how those citizens are reacting, but I think it’s a warped strategy because you’re ignoring what’s happening in the rest of the state.”
Rupp said the political center of the state is moving in a northeastern direction. Earl Ray Tomblin is the first governor since 1965 to truly come from southern West Virginia and today, both the state House and Senate are lead by northerners.
“If you’re really talking about looking at an entire state, then why visit those counties that have lost population rather than visit those counties that have gained in population and gained in the economy,” Rupp said. “There’s an entire picture of West Virginia that is lost to a national audience when the focus of outside journalists are simply on one area in the southern part.”
Tumulty counters by noting she interviewed members of the Governor’s staff who represent the entire state, both U.S. Senators who, again, together represent the entire state and writes of the booming shale industry in the northern counties and a panhandle thriving as suburb of D.C.
“What I was looking for was a way of explaining the transformation and again most of that transformation has been happening in the very deeply Democratic bastions of coal country,” she said.
Rupp, however, said he does agree with Tumulty’s thesis that the state is transitioning between the two political parties, after all the 3rd Congressional District is the only remaining seat in the U.S. House held by a Democrat in West Virginia.
Historically, he said, West Virginia is joining in with its southern cousins who followed the trend decades ago, but believes the other regions of West Virginia are still important to understanding the political change.
“I think if we really want to understand this transition, we have to be able to examine and explore what is happening politically in the other sections of the state, particularly in the panhandle,” Rupp said. “That’s the fastest growing region and any political party that is able to get the edge in that region will probably dominate the state just as the Democrats were able to get the edge in the southern part of the state and were able to dominate the state for such a long time.”
Tumulty said West Virginia will be a state to watch come the 2016 election. She contended there’s still a chance the right type of Democrat could win the states vote for President and make a difference, even though it only carries 5 votes.
“Well, if Al Gore had had those five votes he’d be building his presidential library about now.”
Plane change expected to cut W.Va. Guard jobs
An aircraft change at the West Virginia National Guard 167th Airlift Wing’s base is expected to eliminate more than 80 full-time airmen jobs.
The Martinsburg base’s C-5A cargo aircraft will be replaced with smaller C-17s beginning in October 2014.
The unit’s wing commander, Col. Shaun J. Perkowski, tells The Herald-Mail of Hagerstown, Md., that 86 airmen are expected to be furloughed as a result of the change.
Perkowski says the Guard has reduced the potential number of furloughs by leaving positions unfilled.
He says the C-17 aircraft has greater flexibility, advanced capabilities and lower maintenance needs.
State council backs pseudoephedrine prescriptions
A state task force says West Virginia should require prescriptions for cold medications that contain an ingredient used illegally to make methamphetamine.…
A state task force says West Virginia should require prescriptions for cold medications that contain an ingredient used illegally to make methamphetamine.
The recommendation is one of several approved Wednesday by the Governor’s Advisory Council on Substance Abuse.
The Charleston Gazette says the council also recommended that Gov. Earl Ray Tomblin oppose any legislation that would legalize marijuana for medical or recreational use.
Council member the Rev. James Patterson says there’s evidence that requiring prescriptions for cold medications containing pseudoephedrine reduces the number of meth labs.
House health committee Chairman Don Perdue says the council’s pseudoephedrine recommendation is good news. Perdude plans to introduce such legislation in January.
West Virginia Slowly Becoming a Politically Southern State
There’s always been the debate, to which region does West Virginia belong? Former Senator Robert C. Byrd was famously quoted as saying West Virginia is the most northern southern state, the most southern northern state, the most eastern western state and the most western eastern state. Many West Virginians will tell you, we belong with everyone and yet, we belong with no one.
So, when an article in The Washington Post depicted West Virginia as a strong blue state slowly becoming red, a phenomenon not unfamiliar to southern states, state leaders on the Democratic side were up in arms against the claim.
“In this past election, of all elections in the state of West Virginia, the fact is that Democrats won 67 percent of all the races which left the Republican Party to win 33 percent,” said Democratic Party Chairman Larry Puccio. “So, there is not a question that it is a Democratic state.”
However, Dr. Robert Rupp, history professor at West Virginia Wesleyan College, said, historically, we’re following that trend the other southern states took decades ago.
“The situation in West Virginia since, basically starting in 2000, is a slow and sustained transition from an extremely loyal Democrat state to a Republican state. From a blue state to a red state,” Rupp said.
“However, what’s interesting about the transition is that unlike other states in the south; let’s use Georgia for example in which the transition happened in less than a decade, in West Virginia the transition is slower and at different levels.”
In the southern United States, once known as the “Solid South” because of the Democratic Party’s political stronghold, things began to change in the early 1960s. The region became more urbanized and could no longer hold their ground on racial segregation. And they started voting Republican at the so called “top of the ticket” for President.
“I think that is the trend that we have seen through much of the south which was very traditionally Democratic, which began to vote Republican at the top of the ticket starting with Richard Nixon,” said National Political Correspondent for The Washington Post Karen Tumulty. “Ultimately, for a lot of those states, for my home state of Texas, Alabama, Mississippi, they have gone very deeply red.”
Tumulty grew up in Texas and said the people she knew more than 30 years ago as Democrats now identify themselves as Republicans. The journalist traveled to southern West Virginia four times over the summer researching her article, “A Blue State’s Road to Red.”
“The one thing that was beginning to show up nationally in every poll was that American voters have never had a lower regard for the federal government,” Tumulty said.
And that low regard, she said, was nowhere more evident than in southern West Virginia.
“Most of that transformation, the most dramatic change has come about in coal country which was so reliably Democratic just up and down the ticket and really has undergone a great change and continues to,” she added.
In 2000, West Virginia began joining in on the trend, voting for George W. Bush in two elections followed by John McCain and Mitt Romney on the Presidential ticket.
State Republican Party Chairman Conrad Lucas said that’s how it starts. The party switch starts with voters at the office of President and slowly trickles down to the state and local levels.
“It’s definitely a top down voting trend as opposed to bottom up. Much like what was written in The Washington Post, there are still county courthouses where there aren’t Republicans elected,” Lucas said. “There are still counties where it is very difficult to find a Republican to run for the House of Delegates or for any of the county offices despite the fact that federally we are so solidly red now.”
“So, seeing that this trend is happening in the exact same sociological and political manner in which it did in other states indicates that we are no different than those other states in many ways,” he added. “Politically, the trends are what they are and we’re certainly following a historical pattern.”
Puccio agreed, we are following a historical pattern, just not the same one Lucas sees.
“When folks are really down on the individual that’s running for President that does harm the rest of the party and I think some of that showed up here,” he said. “There’s not a question that the favorability for our President is not high here in West Virginia.”
Rupp, however, is not sure. He believes that trickle down pattern will follow in time.
“West Virginia still has a two to one Democratic edge in registration, but the story in West Virginia is a state that’s two to one Democratic is switching over to Republican,” Rupp said. “Now, what’s even more interesting is that when you go down to Wyoming County, it’s seven to one, nine to one Democrats.”
“Virtually everyone in that county is registered as a Democrat, but they’re not voting as a Democrat.”
Rupp said on the federal level, West Virginians are voting more and more to send Republicans to Washington, with the exception of Senator Joe Manchin. Rupp admitted though, Manchin isn’t much of an exception.
“In America, there are three political parties,” Rupp said. “There’s the Republican Party, the Democratic Party and the West Virginia Democrats, and I say that because West Virginia Democrats have been able to keep control on the state level because, one, it’s a huge, big tent in which you can have very conservative members feel comfortable in the Democratic Party as well as liberals.”
“For that reason we can see the election of someone like Joe Manchin even though the state seems to be shifting in a Republican direction.”
Tumulty said as she traveled the southern West Virginia, she too could tell West Virginia Democrats were different, but that observation only reminded her of the transition she witnessed in Texas years ago.
Accountability, early literacy key to education success
“Excellence in Education: It’s Everyone’s Business.” Those words served as the slogan for an education summit in Charleston focused on bringing educators,…
“Excellence in Education: It’s Everyone’s Business.” Those words served as the slogan for an education summit in Charleston focused on bringing educators, administrators, business leaders and even state lawmakers together to talk about the future in education for our state. To improve that future, those groups looked to Florida to learn how the state was able to take their education system from 49 to 6 in a just over a decade.
Accountability and early literacy. Those were the two major ways former educators and policy analysts from Florida say they were able to turn the public education system in their state around.
They joined Charleston-based non-profit The Education Alliance at their first annual education summit to share strategies that may help West Virginia do the same.
“Primarily, we choose to look at them because of their success,” said Dr. Amelia Courts, President and CEO of The Education Alliance.
Courts said Florida was chosen as a focus this year not because West Virginia should mirror their efforts, but because they started in a similar place in terms of student achievement and were able to make a change.
“They have specific data that shows how they’ve moved student achievement over the last ten years from below the national average to above the national average,” she said, “and that’s absolutely where West Virginia wants to go.”
The morning started with a strategy session focused on accountability. Florida implemented a new grading system for schools, giving them a simple A through F rating based on student achievement and other variables.
Former Assistant Deputy Commissioner at the Florida Department of Education Dr. Christy Hovanetz said by putting the new system in place and making school’s scores available to everyone, they saw a change in instruction that lead to drastic results.
“That following year, instructional practices changed so much that we had more A and B schools than we had D or F schools,” she said, “and then the following year we had twice as many A and B schools as we did in that first year.”
The West Virginia Department of Education implemented a new accountability system earlier this year with the intent to be more transparent, but it’s too soon to tell if the new system will have similar results to Florida’s.
The second major focus of the day was early literacy.
Governor Tomblin’s education reform bill, passed during the 2013 legislative session, calls for West Virginia students to meet reading proficiency levels by the third grade, a benchmark state Board of Education President Gayle Manchin said 73 percent of students in the state aren’t meeting.
“We know that if you’re not reading well by the end of third grade, where you’re supposed to be learning to read, as you progress through school where you’re supposed to be reading to learn, you’re not going to be able to do that,” Manchin said, “and so we know that children start dropping out of school way before they turn 16.”
“It starts happening when they can’t keep up. They’re not able to engage and be involved in what’s going on in the classroom.”
Cari Miller served as the Deputy Director for Just Read, Florida!, Governor Jeb Bush’s statewide literacy initiative. She showed summit participants decade old statistics from the state.
“Twenty-nine percent of Florida’s third grade students scored at the lowest achievement level on Florida’s statewide assessment,” Miller said.
That means ten years ago, about a third of Florida’s third graders couldn’t read. Miller said that statistic combined with leadership that understood the value of reading led the state to implement a new measure.
“And that measure was requiring students in third grade that scored at the lowest achievement level on our statewide reading assessment to be retained.”
Retained, meaning held back to repeat the third grade.
There were, however, six exemptions to being retained, including a second test, additional coaching, and many that dealt with special education or English as second language students, but Miller admits that notion was still a hard sell for parents.
“I just want to share from a teacher perspective is that although the retention seems scary for adults, it’s not as scary for kids and actually many kids have benefited from a second year because some kids just need more time,” she said.
As someone who taught under the standards, Miller said she saw her retained students’ self-esteem improve, which, in turn, improved their level of achievement. Statewide, reading scores went up and in recent years they’ve been able to continue the increase while the number of students being held back has dropped off.
Courts said these policies are just examples of things West Virginia should begin to look at as we move forward trying to increase student achievement.