Ethics board admonishes Sen. Worley but dismisses complaint
By John Cheves – jcheves@herald-leader.com
State Senate Minority Leader Ed Worley, D-Richmond
FRANKFORT — The Legislative Ethics Commission admonished state Senate Democratic Leader Ed Worley of Richmond on Tuesday but ultimately dismissed a complaint that alleged he inappropriately used his power for personal benefit.
Worley is building a state courthouse annex that he plans to rent out for $409,356 a year, despite a general rule against legislators selling or leasing property to the state. The commission ruled unanimously that the deal is legal because Worley is leasing his court annex to Madison County, which will lease it to the state Administrative Office of the Courts.
“The law provides no penalty for the appearance of impropriety, but if it did, the respondent could well be penalized on the facts before us,” the commission wrote in its order. “In the future, the respondent must be more careful in conducting his private business in ways in which he might appear to be using his public office. He has assured the commission that he will.”
Outside the hearing room, Worley said the complaint was filed by his political opponents based on critical news coverage in the Herald-Leader.
“The perception was created by (the Herald-Leader),” said Worley, who owns construction and development companies. “We were totally comfortable that we had done nothing improper or unethical.”
The man who filed the complaint, Richmond retiree John Wernegreen, said he’s not a political opponent of Worley’s or likely to seek elected office.
Wernegreen said he read about Worley’s courthouse deal in the newspaper and wanted to know if legislative ethics laws prevent a senator from leasing to his own government. He suspected that convenient loopholes would make the deal permissible, he said.
“I’m not surprised,” Wernegreen said in a phone interview. “I’ve lived in Kentucky for 40 years.”
The Herald-Leader reported in July that Worley’s companies are building a two-story building in downtown Richmond to house the Madison County family courts on behalf of the state AOC.
Worley’s rent will be 166 percent more than the $154,050 a year the AOC currently pays for the family courts in a county-owned building next door. But county officials say the courts need more space, and Worley’s building will be nearly three times as large as the current building — 16,600 square feet versus 6,162 square feet.
The courthouse deal was put together by a friend and Democratic political ally of Worley’s, Madison County Judge-Executive Kent Clark. Clark advertised for anyone who could offer 15,000 to 16,000 square feet of office space within two blocks of the main courthouse. Worley was the sole qualified applicant.
The ethics commission noted that Worley’s lease is with the county, not the state, and added that he is entitled to engage in private business.
While it’s true that Worley votes on the judicial branch budget — and in fact, he voted for the budget that authorized a leased Madison County family courts building — other people could have bid on the project if they had met the qualifications, “so there was no personal gain as a direct result of his vote,” the commission ruled.
Still, Worley should be more careful about how his deals appear to the public, commission chairman George Troutman advised him.
“I would strongly urge you to think of perception when you do things like this and maybe save yourself a lot of pain and strain, as well as your family and your partners,” Troutman said. “I certainly hope we don’t have you before us again.”
The nine-member ethics commission, which includes two former legislators, is appointed by the Senate president and House speaker. Together, they have given more than $75,000 in political donations in recent years to members of the legislature as well as to the state Democratic and Republican parties, among other recipients.
Not once in a dozen years has the commission punished a lawmaker for personally benefitting from a conflict of interest, said Anthony Wilhoit, the commission’s executive director since 1997.
“We’ve had complaints filed, certainly, but nobody has been found guilty,” Wilhoit said.
About the Author: John Stamper is the accountability editor for the Lexington Herald-Leader. A native of Monticello, Ky., he has been with the Herald-Leader in a variety of roles since graduating from Western Kentucky University in 2000. Reach him at jstamper@herald-leader.com
mrthomas | Sep 22, 2009 | Reply
The courthouse deal was put together by a friend and Democratic political ally of Worley’s, Madison County Judge-Executive Kent Clark. Clark advertised for anyone who could offer 15,000 to 16,000 square feet of office space within two blocks of the main courthouse. Worley was the sole qualified applicant.
I think this says it all.
John Quincy | Sep 22, 2009 | Reply
The City of Richmond is more or less mafia run, has been for years and it’s “Don” is Ed Worley. May he rot in hell.
Lee Thompson | Sep 22, 2009 | Reply
Is anyone really surprised at this. Another politican gaining from tax dollars because of his position. The citizens of Madison County should be calling for his resignation immediately. He will make enough money off rent to never have to work again, but he probably has more deals to do before he leaves. AND of course he is a democrat. Being a politican and a democrat is close to be the worst thing as a person.
William Meadows | Sep 22, 2009 | Reply
Of course when a democrat gets caught it is always someone elses fault. Worley blames it on the paper. Well, Mr Worley the paper only told the story, YOU, sir, did it to yourself. The perception is that you are immoral and are taking advantage of your legislative position to profit from taxpayers. Please take your money bags and run from Madison Co like you did when you were city manager. The county would be better off if you did.
Samuel Teague | Sep 22, 2009 | Reply
Mr. Worley knew what he was doing when he and Mr. Clark where having that drink. He was well aware of the perception the public would get, BUT, being a politican, they both said “we can always blame someone else”. Straight from the democrat playbook. I do wish that Mr Worley would not think so highly of himself, because noone else has that opinoin. His ego, aggrogance, and holyier than thou attitude will come back to bite him someday.
Lynn | Sep 22, 2009 | Reply
Calling Worley a Democrat is a stretch. He is always hand in hand with David Williams.
nofirstam | Sep 22, 2009 | Reply
Well, Mr. Wilhoit, the facts really speak for themselves, don’t they? Consider that your comment below says it all about your agency: “Not once in a dozen years has the commission punished a lawmaker for personally benefitting from a conflict of interest, said Anthony Wilhoit, the commission’s executive director since 1997. Good Lord, what is that brag about? Do you really expect the public at large to believe that in those dozen years no valid claim of conflict of interest has been presented? Or is it more likely that your agency’s true job is to provide political cover for Legislators? What a terrible way for you to end an otherwise stellar career, Mr. Wilhoit. Guess Happy trained you well when you were County Attorney in Woodford County. Remember when he called out to you, “Come here, you little ____”. You’ve become just like him, and that’s saying something, for you once personified reform. Sad.
James R. | Sep 22, 2009 | Reply
The Democratic Party should kick Worley out of the Party. I am a Democrat and I am sick and tired of politicians from both parties who use their office for personal gain.
I really do not want to hear the democrats complaining about the republicans if they allow Worley to remain in office, which they will gladly.
jerry | Sep 22, 2009 | Reply
when you lie down with dogs you get fleas.
Thunder Storm | Sep 22, 2009 | Reply
There is nothing else to say but this. The Democratic Party should be ashamed that Ed Worley is a member. Even worse any politician should be ashamed Ed Worley is called a politician
dstaxpro | Sep 23, 2009 | Reply
So the guy runs it through the county to lease to the “state”. BFD! The end result is he is leasing it to the state after being the only one allowed to bid because of the way the bid was written by his buddy, Clark Kent, no wait a minute that is Kent Clark. (For a moment I thought he was Superman’s alter ego. But I should have noticed the difference immediately when he WASN’T for truth, justice and the American way.) I am not much of a defeatist, but it sure seems like the American public in general, and the citizens of KY in particular are getting hosed so many ways “legally” it’s probably a good thing we can’t put these “fine gentleman” in jail. I mean, the current residents would probably not want to deal with this slippery a snake, and want out themselves to try the “legal way” to commit robbery… I am about 60 years old, and a member of the baby boomer club, but I have never been as ashamed of our public officials (at ALL levels) pandering to themselves and making TOTALLY dumb butt decisions as I have been the past 15-20 years or so. Maybe it wasn’t as transparent as it is now, or maybe the graft is getting deeper, but you can’t watch a newscast any more without someone in the public employ being shown as a recent arrestee….. I am ashamed of all of them, regardless of party or affiliation. And as for the “watchdog agencies/boards”, they have proven to be more ineffective and comical in their press releases than Bozo the clown could have EVER been…… GEEZ……..where HAVE the HONEST PUBLIC SERVANTS gone to? Certainly NOT Kentucky…..
Jim Anderson Stivers | Sep 25, 2009 | Reply
I do think this matter should be “looked into” by Attorney General Jack Conway. Good luck on that one.
This is definitely political. . . meaning that anyone else bidding would have had little consideration.
This is pure arrogance . . . maybe stupidity. To structure such a deal with so much money involved may be a home run for Worley, but . . . in the days ahead it might mean that he is out at home plate when it comes time to run again.???
To say he did nothing wrong, LEGALLY is probably correct but to see this for what it is . . . another big shot legislature, lining his pockets with our tax dollars and yet the people n Worley’s district probably will elect him again.
The entire ethics board needs to be changed. And, I don’t think with politics and politicians involved there is much the public can do about it.
I say Beshear should say something . . . but he won’t do that . . .Soon it will be election campaign time and the Governor has already open up the bag money for the next run.