Disclosure Of Executive Session Info Up To W.Va. Localities

A West Virginia Ethics Commission committee determined that local governments have the discretion to decide if information discussed during executive sessions is publicly disclosed.

The committee adopted an advisory opinion Thursday saying the state Open Governmental Meetings Act doesn’t address whether executive sessions are confidential or if there are legal consequences for public officials discussing the information shared during them outside the closed meetings, the Charleston Gazette-Mail reported.

The three-member committee that focuses on open governmental meetings issued the opinion in response to a question from the Harrison County Commission. County Commissioner David Hinkle said in January that what the commissioners discussed during an executive session wasn’t the item listed on the agenda, according to The Exponent Telegram.

State law allows governing bodies to meet privately during publicly announced meetings to talk about certain employment and personnel matters or legal topics. They can also discuss leasing, building, selling or buying property.

The ethics committee determined the executive sessions can be held in private, but local governments can decide whether officials are allowed to record the meetings or share the information that’s discussed. It also says governing bodies can adopt rules clearly determining the information is confidential or otherwise disclosed.

“It doesn’t mean that we’re necessarily saying that information in an executive session has to be disclosed or should be disclosed,” committee chair Lynn Davis told the Gazette-Mail. “We’re not making any kind of judgment on that. It’s just that the Open Meetings Act does not prohibit it.”

West Virginia Slated To Receive More Than $500 Million For Bridges

West Virginia is slated to receive more than $500 million to repair and upgrade bridges across the state, according to the U.S. Department of Transportation.

Federal officials announced last week that West Virginia would receive the funding over the next five years, starting with $101.3 million for fiscal year 2022, the Charleston Gazette-Mail reported.

The state has one of the highest percentage of structurally deficient bridges in the country, according to an analysis of federal data by the American Road and Transportation Builders Association. The number of West Virginia bridges that need repair increased from 1,222 in 2016 to 1,545 in 2020, the organization found.

The funding comes from a bipartisan infrastructure law passed by Congress in November.

Report: Bailey Is First Woman To Lead Judicial Association

Kanawha County Chief Circuit Judge Jennifer Bailey has become the first woman elected as president of the West Virginia Judicial Association, according to a published report.

“There’s not a more deserving person,“ Putnam Circuit Judge Phillip Stowers, past president of the association, told the Charleston Gazette-Mail. “I think we’ll all be in good hands with her as the association president.“

The association is responsible for promoting education, professionalism and camaraderie among judges.

Bailey was fifth woman to serve as a judge in the state when she was appointed in 2002 and has served for 20 years, the newspaper reported.

She said she is looking forward to further cultivating a sense of community and professional support among judges.

“I have to say one of the greatest parts of this job is getting to know judges from around the state,“ Bailey said.

W.Va. Native Works With Legends At Kennedy Center

On a busy holiday afternoon at the Capitol Market, Kanawha County native Kevin Struthers was trying not to sound too excited about his job, but sometimes it’s near impossible for him not to gush.

“I’m the Kennedy Center’s Director of Programming Jazz, Chamber and Classical New Music,” he said, laughed and added, “It’s kind of an unwieldy title.”

The John F. Kennedy Center for the Performing Arts is the United States National Cultural Center. Located in the nation’s capital, it’s a sprawling building that houses theaters and concert halls that have hosted some of the most respected and revered artists in the world.

The 55-year-old oversees a chunk of what is seen and heard on those stages and is responsible for the artistic programming and day-to-day direction of jazz, chamber, and classical music programming at the Kennedy Center.

Struthers has been around the famous and notable for decades. He’s been there backstage, but also listened to superstars in their respective musical fields rehearsing from his office and been at his desk when some of these same performers have ducked their heads in through the door to say hello, but he can still get impressed.

The director sighed and marveled at his own career, which seemed, if not impossible, at least unlikely for a saxophone player from South Charleston High School.

“It has been amazing,” he said. “I have been so lucky, so privileged.”

Struthers was born in Charleston and went to school in South Charleston. His father, George, now deceased, was a dentist for 37 years in Kanawha City.

“My mom, Nancy, still lives in Charleston,” he said. “So, does my mother-in-law, Susan Harpold.”

Struthers said he was one of the local music and theater kids. He was in the band, sang in show choir and took roles with the Charleston Light Opera Guild.

“I did all the artsy stuff,” he said.

One of his strengths, though, was leadership. He was organized, focused and responsible — which often led to him being tapped for those kinds of roles behind the scenes of performances.

In 1986, after he went to Washington and Lee University in Virginia to study musicology, he fell into the same kind of pattern.

Management and administration suited him.

“A lot of people in administration are frustrated artists,” Struthers said. “To be an artist, you really have to have that drive.”

He had a lot of drive, but he wasn’t so sure he had enough talent as either a singer or a saxophone player to be really successful.

“But the arts were such an important part of my life,” he said. “I always wanted to be part of that.”

Friends told him he could maybe find a career in arts management — either overseeing a theater or maybe a few performers. He started looking for a program.

While studying at Washington and Lee, he met his future wife, Courtney Harpold, a pre-med student, who also happened to be from Charleston.

They got to know each other while singing in a school choir.

“We’d never met,” Struthers said. “I went to South Charleston, and she went to ‘The Hill,’ George Washington.”

Harpold lived two doors down from his grandparents. Struthers said they knew many of the same people, even had some of the same friends. There was some crossover between schools and church.

“We were at the same events at the same time,” he said. “We just didn’t know each other.”

A romance blossomed.

In 1989, Struthers earned his music degree, with an emphasis on musicology, while Harpold went on to WVU Medical School.

They continued to date, while Harpold worked toward her medical degree. Meanwhile, Struthers took a job with the West Virginia Division of Culture and History and then Tourism.

“That was really fun,” he said. “I was one of the public relations officials. I got to travel all over the state and host travel writers from across the country.”

The job allowed him to mountain bike, ski and go rafting.

“It was a great job for a 24-year-old,” he said, adding, “But not a lot of money.”

In Charleston, he stayed active in the arts, sang and was in the light opera guild’s production of “Oklahoma!” which starred a teenage Jennifer Garner.

“She was something then and look at her now,” Struthers said.

In 1993, he decided to pursue a master’s degree in arts management at American University in Washington, D.C., just as Harpold was finishing her studies at the West Virginia University School of Medicine.

She graduated with honors and then was placed at Georgetown University Hospital for her medical residency.

“She’s just brilliant,” Struthers said. “We got married and moved to Washington.”

While studying, he interned at National Public Radio, where he worked in development.

“Which is what they call fundraising,” he said.

One of his American University professors was also the vice president of development at NPR. After Struthers completed his degree in 1995, he said the professor helped him get a job as the assistant to the vice president of development at the Kennedy Center.

“I had no idea what I was doing,” he said. “I learned everything as I went.”

After a year and a half of working in the back office, Struthers said he became aware that he hadn’t stepped foot inside a theater in years.

“This was not why I got into the business,” he said.

So, when a line producer job opened up at the Kennedy Center, he applied for it and was made line producer for “Billy Taylor’s Jazz at the Kennedy Center.”

“A line producer job is a lot of rigmarole,” he said. “It’s contracts and travel arrangements and housing and hospitality — a lot of details.”

But it was still very cool.

The job opened up new worlds of music to Struthers, who didn’t know an awful lot about jazz.

“I’d had some exposure to jazz at Washington and Lee,” he said. “I’d played some.”

But spending time around Dr. Billy Taylor, an acclaimed jazz composer and pianist, who was considered a living legend, was entirely different.

“So, here I am in this job, meeting all these amazing artists and I don’t know who any of these people are,” he said. “I didn’t really understand what I was being exposed to, but I was learning.”

From a line producer, Struthers eventually became the director of jazz programming at the Kennedy Center, working with Taylor until his death in 2010 at the age of 89. He continued as the director of jazz programming with the center’s current artistic director for jazz, Jason Moran, who succeeded Taylor in 2011.

“The artistic director has the vision and the ideas,” Struthers said. “My role is to take these thoughts and view them through the lens of our institutional mission and then look at hall availability, the budget, what’s playing in the market and create a season.”

It’s a weighty responsibility for all of them, he said.

“The Kennedy Center’s mission is to present the best in performing arts in the world,” Struthers said. “We are the national performing arts center.”

While on staff, Struthers has met or been in the room with some of the most prominent artists in the world as well as a few of the most powerful people in the country. Washington’s elite comes to the Kennedy Center.

“You really know who you’re going to see there,” he said.

The pandemic changed things at the Kennedy Center. Struthers was asked to take on the role of director of programming for classical new music and chamber music, as well as jazz.

“It began a whole new chapter for me,” he said.

Like many other organizations, Kennedy Center employees shifted to remote work during the pandemic. This changed everything for Struthers and not necessarily for the worse.

Struthers and his family have lived in Shepherdstown since the late 1990s.

He said, “For the first six or seven years, I took the train into Washington, but as Courtney and I had kids and they got older and my job evolved, making the train became impossible.”

For over 15 years, he drove 75 miles each way to work, but remaining in West Virginia was important to Struthers and his wife.

“I was what the government calls ‘an extreme commuter,’ but the pandemic changed all of that,” he said. “I could work from home. That much has been such a gift.”

It turned out that he could do a lot of his work from home and because everyone was meeting more online, he was able to make contact with some people more easily than before.

These days, Struthers splits his time between his office in Washington and his office at home.

“We’re working on trying to find the right balance,” he said. “But I clearly don’t need to be there all the time, still.”

The pandemic brought something else to the Kennedy Center: “Mountain Stage.”

Struthers’ bosses said that while the Kennedy Center was doing a lot of programming, they weren’t focusing that much on folk, country, or world music.

“Mountain Stage was the perfect vehicle to elevate that kind of work,” he said. “Mountain Stage has an eclectic mix of music — and it’s in West Virginia.”

Struthers said his superiors were aware that he was from West Virginia.

“They were like, ‘Oh really, Kevin,’” he laughed.

Stuthers said he told them, “I know, I know, but they’re the best.”

“Mountain Stage” made its debut at the Kennedy Center Oct. 24. Hosted by Kathy Mattea, the show included performances by Asleep at the Wheel and West Virginia’s own Tim O’Brien.

Behind the scenes, before the show, Struthers said he ran into “Mountain Stage” piano player Bob Thompson.

Struthers remembered the first time he watched him play, over 40 years ago. Thompson had been hired to play music at area schools.

He saw him perform at South Charleston Junior High.

“What a great piano player,” Struthers said. “Never would I have imagined our lives would intersect like that.”

The director had no idea what was ahead for him. The pandemic makes looking too far into the future difficult, but he knows he has an amazing life and an incredible job for someone who loves the arts.

“There’s nothing like being in a room with live music,” he said. “You can’t quite replicate the sound of a live orchestra. There’s just something incomparable to listening to a record and being 30 feet away when Aretha Franklin is singing.”

Fathers Sue West Virginia Officials Over Charter School Law

Two West Virginia fathers are suing state officials over a law that allows charter schools to open without the approval of local voters, the Charleston Gazette-Mail reported.

The lawsuit filed this past week in Kanawha County Circuit Court claims the law is unconstitutional and asks the judge to stop a newly created West Virginia Professional Charter School Board from authorizing any schools.

The suit comes after Republican state lawmakers in March amended an earlier charter school law, making it easier for them to win approval. The amendments created the Professional Charter School Board, which can approve both online charters that operate statewide and brick-and-mortar charter schools operating in individual districts. Those schools can be approved even in counties where the local boards of education are opposed to them.

The Professional Charter School Board is unelected. Instead, members are appointed by the governor and then confirmed or rejected by the state Senate. The four proposed board members are currently awaiting confirmation, even as they review applications to open new schools.

Charter schools are publicly funded but privately run, tuition-free public schools that usually do not have to abide by the same rules and regulations as traditional public schools. So far, seven charter school applications have been filed with the Professional Charter School Board. None have been filed with the local school boards, despite the law still allowing that route.

The two fathers who are suing over the new law are both public school teachers and teachers’ union members. Defendants in the case include Gov. Jim Justice and the leaders of the House of Delegates and Senate.

The lawsuit cites a section of the state constitution that says, “no independent free school district, or organization shall hereafter be created, except with the consent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.”

The suit calls the right to vote on matters relating to public schools “a defining democratic virtue.”

House Speaker Roger Hanshaw, R-Clay, and Senate President Craig Blair, R-Berkeley, declined comment to the newspaper. The governor’s office did not reply to a request for comment.

Ex-West Virginia Justice Loses License to Practice Law

The West Virginia Supreme Court justice who resigned before his colleagues were impeached can no longer practice law in the state.

The Charleston Gazette-Mail reported Wednesday the state Supreme Court formally annulled Menis Ketchum’s license to practice law in an Oct. 4 order.

Ketchum pleaded guilty in August to one felony count of wire fraud related to his personal use of a state vehicle and gas fuel card. He’ll be sentenced in December.

The 75-year-old retired in July, which meant he wasn’t subject to impeachment proceedings.

The impeachment probe was sparked by questions involving more than $3 million in renovations to justices’ offices and expanded to accusations of corruption, incompetence and neglect of duty.

The timing of his resignation also means voters will choose his replacement, instead of the governor.

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