Bevin takes ax to Beshear's executive orders

FRANKFORT, Ky. - In his first major policy action, Republican Gov. Matt Bevin issued a series of executive orders Tuesday that shield religious county clerks – like Kim Davis – from being named on marriage licenses and roll back efforts by the Beshear administration that would have restored voting rights to thousands of ex-felons.

Bevin, who campaigned on conservative platforms during this year's heated race for governor, said in a statement that he was upholding his commitments to voters.

Among the five orders filed Tuesday, he also implemented a hiring freeze in state government, repealed Beshear's order raising the minimum wage for state employees and abolished the governor's employee advisory council.

“While I have been a vocal supporter of the restoration of rights, for example, it is an issue that must be addressed through the legislature and by the will of the people," Bevin said. "As we move into the new year and upcoming session, I look forward to working with legislators and stakeholders to build consensus and drive policy that makes a meaningful impact on the lives of all Kentuckians.”

Beshear was not immediately available for comment.

Bevin's order on marriage licenses directs the state Department of Libraries and Archives to change the wording on forms so that the names of county clerks are not required to appear. The issue gained national attention after Davis, Rowan County's clerk, refused to sign off the forms, citing her Apostolic Christian beliefs and objections to same-sex marriage.

Beshear argued for months that state statute determined the wording on marriage licenses and that he could not remove clerks' names. However, Bevin's press release states that the change is needed to "ensure that the sincerely held religious beliefs of all Kentuckians are honored."

The Liberty Counsel, a legal group representing Davis in court, issued a statement that the change provides what Davis has requested for months.

“This is a wonderful Christmas gift for Kim Davis,” the group said. “Kim can celebrate Christmas with her family knowing she does not have to choose between her public office and her deeply-held religious convictions.”

William Sharp, legal director of the American Civil Liberties Union of Kentucky, released a statement saying that Bevin's action has created a cloud of uncertainty over marriage licenses in the state.

"The requirement that the county clerk's name appear on marriage licenses is prescribed by Kentucky law and is not subject to unilateral change by the governor - conceded by the previous administration in court filings," he said. "Today, however, a new administration claims to have that authority."

But Democratic House Speaker Greg Stumbo praised the move, saying he was an early proponent of a similar approach. "It's a simple fix, and I applaud the governor for finding a way to balance the law and the concerns that county clerks, like mine in Floyd County, had."

On voting rights, Beshear signed an executive order in November that streamlined the process for at least 100,000 former felons to regain their right to cast a ballot so long as they had completed their sentence and were not convicted or violent crimes, sex crimes, bribery or treason. Beshear's order also established a new process to automatically restore rights to current felons as they complete their sentences and move out of the correctional system.

Mantell Stevens, who was convicted of possession of a controlled substance about 15 years ago, sounded shocked Tuesday after Bevin's announcement. Stevens said he was close to completing his application and was disappointed and upset by the news.

“The only thing I needed to do was get it notarized,” he said. “It’s really weird because I’m literally sitting here looking at the envelope. It’s stamped.”

Stevens said he is working two jobs and had difficulty obtaining the new application after Beshear's order. He said he had already taken the paperwork to a notary at the bank. However, the line was long, and he decided to return a couple of days later. “It’s like a double-whammy.”

Bevin's order does not affect anyone whose rights have already been restored, and ex-felons, including Stevens, can still seek restoration through traditional procedures, which call for an individual application process.

The administration noted in Tuesday's announcement that Bevin has been an advocate for reinstating voting rights to non-violent felons but views Beshear's order as contrary to the state constitution and believes it circumvents the very legislators that voters elect.

The governor's office "will continue to utilize the processes and procedures under the current law in the same manner as the previous administration pending further study and consideration by the Kentucky General Assembly," Bevin's press release said.

But House Judiciary Chairman Darryl Owens, D-Louisville, said he was extremely disappointed with the decision on voting rights and that he will continue championing a constitutional amendment on restoration.

In another order reversing a major policy decision by Beshear, Bevin relieves executive branch agencies and state government vendors of the obligation to comply with a higher minimum wage set by Beshear in June. Bevin’s press release specifies, however, that this order does not affect wages of "classified employees with status who have already received increases" as a result of Beshear’s order.

Last June Beshear raised the minimum wage paid to executive branch state workers from $7.25 to $10.10 per hour. He also raised the pay of tipped state employees – waiters and waitresses at state parks – from $2.19 to $4.90 per hour. Beshear estimated salaries of nearly 800 state workers would be increased because of the order.

Beshear also required in the order that companies holding state contracts pay at least $10.10 per hour to their workers working on those contracts.

Bill Londrigan, president of the Kentucky State AFL-CIO, said, “It’s a step backwards, clearly Bevin’s agenda is not to uplift these workers but to turn back the clock."

A fourth order by Bevin implements a moratorium on hiring for state government and directs all positions currently vacant in state government to be reviewed to determine if they are necessary to the maintenance of essential government services.

The news release says this executive order removes all oversight of the merit system - the state government's civil service program - from the Governor’s Office and transfers that responsibility to the Personnel Cabinet secretary. But approval of the political, non-merit employees will remain the duty of the secretary of the Governor’s Executive Cabinet.

Finally, a fifth order rescinds Beshear’s establishment of the Governor’s Employee Advisory Council to discuss wages, hours and terms of employment for merit employees. Bevin’s press release said this council serves no real purpose “given that the Governor has no power to extend negotiation and collective bargaining rights” to state employees.

Bevin’s release said the merit system and policies of the Personnel Cabinet provide “sufficient protections and oversight of these issues and functions in a streamlined and efficient manner.”

Organized labor worked hard to establish that council. And Londrigan said, “We feel it’s a mistake for him (Bevin) to do that. We believe he is incorrect in his assessment in terms of what the council can accomplish for state workers.”

Londrigan said the council is a mechanism that gives representation to state workers who may not have the ability to represent themselves in personnel matters. “They receive guidance and support from the organization they belong to as well as legal representation at various stages of the personnel process,” Londrigan said.

The governor's employee advisory council was established by former Democratic Gov. Paul Patton in 2001, abolished by former Republican Gov. Ernie Fletcher in 2003, and re-established by Beshear in 2008.

Reporter Mike Wynn can be reached at (502) 875-5136 or at mwynn@courier-journal.com.

Bevin's executive orders

Here is a description of each order from the governor's office:

» To ensure that the sincerely held religious beliefs of all Kentuckians are honored, Executive Order 2015-048 directs the Kentucky Department for Libraries and Archives to issuea revised marriage license form to the offices of all Kentucky County Clerks. The name of the County Clerk is no longer required to appear on the form.

» Executive Order 2015-049 relieves executive branch agencies and vendors of the obligation to comply with the higher minimum wage established by Executive Order 2015-370, except as to classified employees with status who have already received increases as a result of the Executive Order. Their remuneration will not be affected.

» Executive Order 2015-050 prioritizes effective and efficient management of state government operations by implementing a new moratorium on hiring. This order removes all oversight of the merit system hiring from the Governor’s Office. Unlike Gov. Beshear’s Executive Order, which had the Secretary of the Governor’s Executive Cabinet approve all personnel actions regarding merit employees, this Executive Order transfers that responsibility to the Personnel Secretary. Approval of non-merit employees will remain the duty of the Secretary of the Governor’s Executive Cabinet. Furthermore, effective immediately, all vacant positions in any agency will be reviewed to determine if they are necessary to the maintenance of essential government services.

» Executive Order 2015-051 rescinds Gov. Beshear’s Executive Order 2008-471, which established the Governor’s Employee Advisory Council (GEAC). The GEAC was created to discuss issues pertaining to wages, hours and terms of employment for merit employees, but is non-value added given that the governor has no power to extend negotiation and collective bargaining rights to employees of the commonwealth. The merit system, along with the policies and procedures enacted through the Personnel Cabinet, provide sufficient protections and oversight of these issues and functions in a streamlined and efficient manner.

» While Governor Bevin has been a strong advocate for the reinstatement of non-violent felony offenders’ voting and civil rights, Executive Order 2015-052 suspends the provisions of Executive Order 2015-871 as that order is contrary to the Kentucky Constitution and undermines the very right it seeks to restore by circumventing elected representatives in the state legislature and the voice of the people at the ballot box. The Office of the Governor will continue to utilize the processes and procedures under current law in the same manner as the previous administration pending further study and consideration by the Kentucky General Assembly. This Executive Order does not affect anyone whose rights have already been restored by the previous Executive Order.