Recopied from: Courier-Journal of Louisville, June 5th, 2008.
FRANKFORT, Ky. -- Gov. Steve Beshear yesterday granted employment
protections for gays and lesbians in state government, one of three
executive orders he made reversing policies of his predecessor.
The other two fulfill campaign promises he made to labor groups:
giving the state's labor agency cabinet-level status and
re-establishing a council to advise him on the concerns of state
workers.
On gay rights, former Gov. Ernie Fletcher, a Republican,
had stripped from his administration's equal employment opportunities
policy a phrase to bar job discrimination in state government on the
basis of "sexual orientation or gender identity."
Beshear, a
Democrat, said in a statement yesterday that the policy meant that "a
gay person could be fired simply for being gay. A person should be
hired or dismissed on the basis of whether they can do the job.
Experience, qualifications, talent and performance are what matter."
The order says that the protection includes matters relating to
"hiring, promotion, termination, tenure, recruitment and compensation."
Christina
Gilgor, executive director of the Kentucky Fairness Alliance, said the
group was "thrilled that Governor Beshear has kept his campaign promise
to reinstate sexual orientation and gender identity in the state
government's employment nondiscrimination policy."
She said the
executive order "puts Kentucky among 26 other states, and ahead of the
federal government, on this issue. It's another fine example of the
critical role individual states play in advancing justice for all
Americans."
David Edmunds, a policy analyst for the Family
Foundation, said Beshear's action was "troubling because -- by
executive order -- he is building the road that leads to the pro-gay
marriage agenda, including domestic-partner benefits and gay adoption."
Beshear
was asked about the issue during a news conference yesterday at which
he publicly signed orders that elevated the labor agency from
department to cabinet status and revived the Governor's Employee
Advisory Council.
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The governor said he would "be doing something
on that within the very near future." Within hours, his office issued
the order, along with the statement.
The University
of Kentucky and and the University of Louisville generated controversy
when they approved health-care benefits for employees' domestic
partners -- both same-sex and opposite-sex.
After an attorney
general's opinion raised questions last year about whether that was
constitutional, the universities broadened the policies to include
others living with employees.
As for Beshear's other two orders,
the Labor Cabinet was originally established in the 1980s by then-Gov.
Martha Layne Collins, and it retained that status through Democratic
administrations.
Fletcher reorganized state government to reduce
the number of cabinets and made labor a department within the
Environmental and Public Protection Cabinet.
Beshear promised
while campaigning to restore labor to cabinet status. The cabinet's top
official, former legislator J.R. Gray, thus becomes labor secretary,
reporting directly to the governor.
"I'm doing so to demonstrate
the importance of the mission and the functions of this agency and to
return focus once again to the workers and the working families of this
state," Beshear said.
He said he plans to create a second new
cabinet for the energy and natural resources functions of state
government, a reorganization aimed at saving money by eliminating some
managers established under Fletcher.
He said that Fletcher had
eliminated "52 front-line positions" within labor, and that he intends
to restore such workers throughout state government as the tight budget
allows.
Under Fletcher, Beshear said, "as programmed inspections
of high-hazard industries decreased, reports of dangerous working
conditions increased dramatically. This is unacceptable."
Seven
years ago then-Gov. Paul Patton established the Governor's Employee
Advisory Council to discuss, advise and recommend to him ways to
improve employee work conditions and labor relations within state
government. Fletcher abolished the council.
"This council will
give state employees an additional mechanism by which to voice their
concerns to this governor," Beshear said in re-establishing it.
"Classified employees will have the right to join an employee
organization to represent them on this council. This is a voluntary
choice … as is the choice of whether or not to pay dues."
He said
his order gives the council the identical structure it had when it was
abolished -- with the same organizations elected to represent units or
employees sitting on the council.
Senate President David
Williams, R-Burkesville, said he had not seen Beshear's order but
"would presume that would be an attempt by executive order to recognize
collective-bargaining rights for public employees." He noted that has never been approved by the General Assembly.
But Beshear said that is not the case.
"It
gives employees a coordinated and unified voice in talking about issues
of concern about working conditions in state government," he said.
"It's not collective bargaining."
And he added, "It's not legal in Kentucky for public employees to strike, and nothing in this executive order addresses that."
Dave
Warrick, executive director of the American Federation of State, County
and Municipal Employees Council 62, said, the council gives employees
another outlet to voice concerns if going up the chain of command
doesn't work.
"Now you'll have an opportunity to talk about it," Warrick said.
Reporter Tom Loftus can be reached at (502) 875-5136.
Recopied from: Courier-Journal of Louisville, June 5th, 2008.