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Audit Reveals Major Utility & Legislator Corruption

January 27th, 2011 · 16 Comments

You don’t have to live in Pikeville to know there are problems with the Mountain Water District and Utility Management Group.

Regular readers of Page One have known for years that there’s a problem in the hills and it’s a classic case of good old boys and wasted money. Unfortunately, in this case, those wasted dollars are in the millions and we’re all left footing the bill.

Oh, and by good old boys, we’re obviously talking about State Representative W. Keith Hall, the gentleman pictured in the photograph at left. An alleged man of the cloth, no less.

Here’s a refresher on the mess, just in case you need it:

Quite an Eastern Kentucky embarrassment, to say the least. A real shame for the good people in the mountains who have been hoodwinked by these shysters for decades.

After all the stories above, on November 5, 2009, we learned that Crit Luallen was asked to audit the Water District. And whattya know? Luallen’s office is today releasing that audit of the infamous water and sewer public works group that finds Mountain Water District’s management contract with Utility Management Group had a detrimental impact on the MWD. It’s so bad that the audit has been referred to the Office of the Attorney General for investigation and to the Public Service Commission for review.

“When government privatizes such a basic service, it is critical to have strong oversight that requires transparency and accountability from the vendor,” Luallen said. “Our audit lays out numerous recommendations that can strengthen board oversight and better protect the taxpayers.”

The audit couldn’t come at a better time. The Appalachian News-Express has been focused on the latest water contract renewals the past few weeks. Hall, UMG and MWD have all been foaming at the mouth over the paper’s coverage. Now we know why. Rather than drone on for ages about the 73-page report, here are the highlights:

  • UMG wasn’t obligated by contract to share its cost to operate the district with MWD and UMG has no annual audit of its books
  • Despite state law giving the Auditor access to records of public works, when the Auditor requested cost information from UMG, they denied it, making it impossible to determine if MWD was saving money and if its current management fees are excessive
  • Stronger board oversight of contracts could have prevented MWD from paying UMG a whopping $1.6 million in extra fees
  • Contract language was added after awarding it to UMG that required payment of extra fees for every new customer beyond 1,000. That resulted in $1.34 million in additional fees paid between September 2006 and April 2009.
  • MWD skirted procurement requirements, which allowed it to pay more than $171,000 for electrical services to a company owned by Keith Hall, who assisted in obtaining coal severance funds for the district that were used to pay for that very electrical work – that mess has been forwarded to the Legislative Branch Ethics Commission which is currently investigating Hall

How bout THAT? Keith Hall’s corrupt butt gets investigated for a special good old boy deal. A sweetheart no-bid contract that resulted in at least $171,000 (who knows how much other cash Hall pocketed? There’s no way to know until they hand over the documents) lining his pockets. Money he was directly responsible for securing in the legislature.

Trust me – you want to read the eight findings made by the audit and delve into the details of Hall’s corruption. Do all that after the jump…

In addition to the highlights, here are the eight findings made by the Auditor:

  1. The MWD Board entered into a privatization contract with insufficient planning to determine the benefits to or financial impact on MWD
  2. The Cost to Operate MWD Services Are Unknown Due to the Lack of Financial Information Provided by the Vendor
  3. The Initial contract for management services had a detrimental impact on MWD, and the Board failed to act in a timely manner to address the issues
  4. Irregularities were identified in the initial MWD contract for operations, management, and maintenance and the established contract bid process was not followed
  5. UMG received payments for services not specified in the contract with MWD without approval by the MWD Board
  6. Procurement requirements appear to have been circumvented, resulting in over $171,000 for services provided with no contract
  7. MWD had not adopted a method to adequately track construction project payments
  8. MWD did not comply with Kentucky’s Open Meetings Law when discussing the decision to contract out the operations of a public entity or the renegotiations of that contract

More on the Hall ethical lapse/corruption:

The only approval by the MWD Board of this vendor would have been through the monthly approval by the Board of payments scheduled to be made by MWD. A review of the Board meeting minutes reflect no discussion by the Board concerning any of the monthly payments, including payments made to BMM for this service. This indicates the Board had no active role in monitoring and overseeing the more than $171,000 paid to a vendor for a service provided without a competitive bidding process and no contract agreement between the two parties.

Another concern is the involvement of the State Representative to obtain coal severance funding for a service his company provided through a non-competitive process. While it is the entire Kentucky General Assembly that must approve a state budget bill, local legislators select the projects for their legislative districts that are to be included in the budget bill. This would allow the State Representative to work with the other legislators with districts in Pike County to seek funding for the project. Once the Representative was chosen to provide this service without a required competitive bidding process and no contract, it presents a strong perception of a conflict of interest.

It’s unbelievable, really. You should read every last bit of the audit for yourself. Click here (Warning: PDF Link) to download all 2.9 megabytes of it.

Who knew two years ago that we would eventually begin to see justice served? Watching what happens with Hall is key. Legislative leadership will need to act swiftly today if they want to be taken seriously. That means Hall will need to be removed from his Co-Chairmanship of the Energy Special Subcommittee and his Vice Chairmanship of the Natural Resources & Environment Committee. He admitted to auditors that he was aware of the financial threshold at which contract bidding would be required. Then he contradicted himself by saying he was unaware of the water district dealings. It’s par for the Hall course and it’s time for our legislative leaders to do something about it.

This is bad.

Tags: Corruption · Crit Luallen · Eastern Kentucky · Flashback · Investigation · Wasted Money

16 responses so far ↓

  • 1 Richie'sMustache // Jan 27, 2011 at 2:12 pm

    I’d probably like Crit as much as you, if she didn’t play partisan politics. But, anyone playing that hard for Jack Conway scares me.

  • 2 Jinx // Jan 27, 2011 at 2:34 pm

    It’s time for Jack Conway and the attorney generals office to step up and do something about the Pike County corruption, not only in this case but one where the Pike County attorney was trading child support prosecutor for political favors.

  • 3 jake // Jan 27, 2011 at 2:42 pm

    Where, exactly, is she playing partisan politics?

    Blue Grass Airport: Democrats.

    Kentucky League of Cities: Democrats.

    Kentucky Association of Counties: Democrats.

    Louisville Metro Government: Democrats.

    The Commonwealth of Kentucky: Democrats.

    You people need to re-think your ignorant spin if you wish to comment here.

  • 4 Richie'sMustache // Jan 27, 2011 at 2:48 pm

    “You people need to re-think your ignorant spin if you wish to comment here.”

    Threats and name-calling, Jake you’re better than that.

  • 5 jake // Jan 27, 2011 at 3:03 pm

    Threats? It’s a reality. If you wish to comment here, rethink the bullshit you spew. This isn’t a free speech zone.

    And referring to you as a teabagger – something you are – is hardly name calling.

    You spend – literally – hours on this website every single day, so I know you’re obsessed. You either chill the fuck out with the ridiculous spin that is CONSTANT from you or you don’t get to comment. End of story.

  • 6 freemaninky // Jan 27, 2011 at 3:47 pm

    Wait. Richie’s Mustache is part of the tea party? Wait till David Adams finds out.

  • 7 freemaninky // Jan 27, 2011 at 3:49 pm

    Obsessed? I call that a pretty loyal reader. I like those people. I also like people who comment.

    Jake, you like Tea…. can’t we all just get along.

  • 8 Monica // Jan 27, 2011 at 4:00 pm

    I LOVE this blog. The content is important, but the comments section? Gravy to my biscuit!

  • 9 jake // Jan 27, 2011 at 4:13 pm

    freemaninky: They continually leave bigoted comments, say ridiculous, homophobic crap after me making it clear that it’s not welcome.

  • 10 FactFace // Jan 27, 2011 at 5:24 pm

    I am anxious to see how Jack Conway and the Legislative Ethics Committee will deal with Rep. Hall.

  • 11 freemaninky // Jan 27, 2011 at 5:41 pm

    Ah. So it’s like hanging out with Wendell Ford and Larry Ivy for a day?

  • 12 wondering // Jan 27, 2011 at 9:42 pm

    Glad to see I’m not the only one who’s CRITical of Crit. My problem with her – well, one of my problems — is the local officials she chooses to pick on. Many (most) of them are Republicans.

    Another of my problems with her is how deeply she’s entrenched in the old-line Dem political machine and how ruthless she has been when she’s had appointed positions.

    Is Bill Nighbert still associated with UMG?

  • 13 jake // Jan 27, 2011 at 10:16 pm

    Really? Most are Republican? Do I need to name off the majority of them? Because they’re mostly all Democrats.

    And which old line Democratic machine is that? It’s not the Jerry Lundergan crew. It’s not the Beshear crew.

    Come on, folks. Accusing her of auditing on the basis of partisanship is as ridiculous as that time Keith Hall freaked out over a little golden poop.

  • 14 wondering // Jan 28, 2011 at 9:44 am

    It’s any crew that’s in power. She was thick with Wilkinson’s administration. Thick with Jones’ administration. The power broker in Patton’s administration until he got caught with his pants down and she bailed to preserve her own political viability. She and Mike Haydon are joined at the hip. (Where is Haydon these days, anyway? He moved on from being Rocky Adkins’ main man but I don’t know where he landed.) She has been part of the Frankfort power structure for more than two decades. If that doesn’t qualify as being part of the old-line machine, I don’t know what does.

    As for her audits — I know one county clerk (Republican) who has gotten bad audits and referrals to law enforcement for eight straight years (how many years has she been in office?) but no charges have ever been filed. She also was very critical of expenditures of federal grant funds made by a GOP county judge I know despite the grant being awarded specifically for the purpose the funds were used for. And that’s just in my immediate area.

  • 15 jake // Jan 28, 2011 at 9:58 am

    Pretending that Crit is tight with Wilkinson-Jones-Haydon is hilarious. Interesting just how disconnected you are in Frankfort.

    Could it be that said Republican is doing an absolutely shitty job? I read county-level audits on an almost daily basis and nearly every elected in every county who gets audited has difficulty meeting the basic standards of state requirements. Acting like it’s partisan is shameful on your part.

  • 16 wondering // Jan 28, 2011 at 2:31 pm

    Well, then, something has happened to her alliances. She and Haydon were tweedledee and tweedledum not that terribly long ago.

    And nobody is tight with Wikinson these days except those natural bacteria that cause decomposition.

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