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Democrat Corey Palumbo said in a legislative interim meeting Monday that the state Department of Environmental Protection should add methyl isocyanate, or MIC, to a list of chemicals it monitors.
MIC is the chemical responsible for the 1984 disaster in Bhopal, India, in which a leak of the chemical at a Union Carbide plant caused the deaths of 3,787 people (the Indian government's official number, though some estimate as many as 25,000 lives were lost)
Bhopal's sister plant is located in Institute, W.V., and is the only site in the U.S. to manufacture and store MIC. Union Carbide owned the Institute plant at the time of Bhopal, but has since sold it to Bayer.
The Kanawha Valley made it through a close call in August 2008 when an explosion at the plant took place only 80 feet from the MIC tanks.
CHARLESTON, W.Va. -- Gov. Joe Manchin today announced he is appointing Carrie L. Webster of Charleston to fill the Kanawha County Thirteenth Judicial Circuit Court seat left vacant by President Obama's appointment of Judge Irene Berger to the federal court bench. The seat officially became vacant last month.
"We were fortunate to have an outstanding group of highly qualified candidates for this position, which is one of the busiest circuits in the state," Manchin said. "Carrie Webster is a passionate lawyer and dedicated public servant, and I am confident she will be an excellent circuit court judge who will faithfully serve the citizens of Kanawha County.
"She has tackled many difficult and complex legal issues, both as a lawyer and as House Judiciary Chair. With her experience, Carrie will bring a unique and familiar perspective to any legal issue she is confronted with on the bench."
Webster has been a member of the West Virginia House of Delegates since 2001, and chair of the Judiciary Committee since 2006. She currently is an associate with the Charleston law firm of Bucci, Bailey & Javins, and served as assistant public defender for the Kanawha County Public Defender's office from 1997 to 2000. She was a law clerk for West Virginia Legal Services Corp. and also was an assistant and press secretary for former West Virginia Attorneys General Charlie Brown and Roger Tompkins.
She is a member of the West Virginia Association of Justice's Board of Governors and the American Association of Justice, and has been a member of the West Virginia Bar since 1997.
Webster said she is humbled by the confidence Gov. Manchin has shown in her by making this appointment. "I am grateful for the opportunity to continue my public service as a circuit judge. As the appointed successor to the judicial seat held by the Honorable Judge Irene Berger, I will dedicate myself to meeting the high standards that she has set. I will work hard, treat all parties with fairness and respect, and conduct myself in the dignified and ethical manner that all of us expect of our judicial officers."
Webster was selected from a group of seven candidates evaluated by the Governor's Advisory Committee on Judicial Nominations. This committee process has been used by Gov. Manchin, as well as his immediate predecessors, to advise the governor on appointments to fill judicial vacancies. The advisory committee evaluated the qualifications and experience of the seven candidates and presented information on all seven candidates to the governor for his consideration.
"I want to thank all the candidates for their interest in serving the people of Kanawha County, and the advisory committee for their insight and evaluation," Manchin said. "There is a vast amount of experience and talent in the applicants and I was impressed with all of them."
Webster received her bachelor's degree in Political Science from West Virginia University in 1988 and received her law degree from the WVU College of Law in 1997. She was born in Fairfax, Va., grew up in Moorefield, W.Va., and has lived in Charleston since 1989. She is married to Greg Skinner and has a daughter, Katherine.
As the stakes ramp up between Kanawha County teachers and the County Board of Education with a lawsuit filed last week, Kanawha County Commission President Kent Carper has announced that he would be interested in expanding drug testing to include County employees whom handle money or deal with the public (basically all of them.)
The Kanawha County Commission may join forces with the county school system in a legal fray and begin drug testing more, if not most, of its employees.
Its president, Kent Carper, wants the commission to expand its random drug-testing policy to include employees who handle money and records or deal with the public. This could include accountants, clerical workers and housing inspectors.
The commission already randomly tests "safety sensitive" county employees who operate vehicles and equipment or have firearms. Those categories include about 170 of its 417 employees.
Carper hopes the commission will join with the school board -- a separate entity that is not controlled by the commission -- to fight what may be a long and costly legal battle over the school system's new policy to randomly drug test teachers.
This certainly is an interesting twist of events. At first glance, it does baffle the mind as to why the County Commission would get involved in what would certainly be a lawsuit that would cost them hundreds of thousands of dollars that every resident knows full well could go to better use.
Given the current economic crisis, it is plausible to assume that government budgets from the federal all the way down to the municipal and county levels are going to start tightening. Is this a good use of County taxpayers' money?
One thing seems certain: Much of what is happening here seems to revolve around expanding what is considered a "safety sensitive" job. Those who favor Unconstitutional drug testing would make the definition very broad and murky so as to include everyone. As Commission President Kent Carper is quoted as saying:
Now, Carper wants to see the commission expand the definition of safety sensitive to include employees who come into the contact with the public and handle public records and money.
This could include inspectors who go to people's homes and clerical workers and secretaries who deal with important documents or money.
If his plan is approved, he suggested it would be "like a camel through the needle" to find any of the 400 county employees who are not considered safety sensitive. "There is a reason to have drug-testing policies with public employees, sadly. I know that because of the experience we've had," Carper said.
Talking about using semantics as an end run around Constitutional rights.
Give me liberty or give me death! Patrick Henry's famous words take on an interesting twist if you think of them in terms of one's liberty to make a decision that puts their life at risk. I guess smokers could be saying, "Give me liberty that gives me death." In fact, many smokers are saying just that as many jurisdictions pass various types of smoking bans to the toker's chagrin. The recent smoking ban in Kanawha County bars and gambling parlors is no different. People are pissed and feel that government is infringing upon their civil liberties. Are smokers right? Or does their habit create a public health hazard? In this blog I will examine this policy paradox with particular attention being given to the Kanawha County ban.
I must start with the caveat that I am not a smoker but I am a staunch proponent of civil liberties. I favor one's right to bear arms while telling dirty jokes about the Pope and President in a gay pride parade on Christmas day. Hell, as far as I am concerned you can leave that parade go home and smoke 5 packs of cigarettes and 4 and a half blunts while burning an effigy of Uncle Sam. I might not agree but I do not have to. My general philosophy is that if your actions do not infringe upon another person's civil liberties then you have the right to do it. That being said, life is not usually painted in black and white but in various shades of gray. It is within these shades that we find the Kanawha County smoking ban.
On July 1st, the Kanawha County Health Department deemed smoking off limits in bars, gambling parlors and the Tri-State casino. These are places where alcohol is served and can only be accessed by consenting adults. Last fall, the health board voted unanimously to pass the new regulations after holding two public hearings and reviewing large numbers of public comments. Over 180 bars have been impacted by the decision and many of those bar owners are very upset. The owners feel they are being told how to operate their businesses by an unelected health board. They claim that the ban will have a huge negative impact on their bottom line because smoking patrons will now stay home. Opponents feel that if you don't like the smoke then stay away. On the other side of the coin proponents of the ban point to the overwhelming science showing how dangerous smoking is to not only the smoker's health but those breathing the air around the smoker. Proponents of the ban also claim that employees of bars should not be subjected to such a blatant and avoidable health hazard.
The impact of smoking bans upon business (debatable) notwithstanding, an owner's right to operate his or her business as they please is a valid argument that holds sway upon first examination. However, one's decision to smoke does not only impact one's own health but also that of other patrons and more importantly waiters, busboys, musicians, bouncers, bartenders, dishwashers and the cooks in your favorite watering hole. Whereas a patron can go to a non smoking establishment or leave after one or two drinks, the employees are subjected to a concentrated toxin for the duration of their shift.
Bar owners and smokers may say that these employees choose to work in a smoky environment and that they can also choose to work somewhere else if the smoke bothers them. I counter that point by saying not everyone has a plethora of other jobs available and even if they did why should certain employers be allowed to subject their employees to preventable health hazards. This would be like one coal operator running a mine with no safety protocols saying that if the miners did not want to be subjected to the additional risk then they have the freedom to go elsewhere. As a society we would rightfully not stand for this, to Don Blankenship's annoyance, and all coal mines must follow the same mine safety rules and regulations.
As far as an unelected board setting public policy, that occurs all the time in government. Most of our laws are not written and drafted by legislative bodies but created in response to legislation by unelected bureaucracy. The technical expertise needed in many areas of law is outside the parameters of what legislators can or should try to accomplish. I do not want a legislator telling me what food is safe for me to eat no more than I want the CEO of Dell computes coming to work on my PC. As a society we can certainly challenge these regulations and voters now have the opportunity to vote for or against those that appointed the health board but the county health department was well within its role to set these regulations.
This is without doubt a fascinating public policy question and one where I think the Kanawha County Health Department made the correct decision. I have stated the main reasons why I think the decision was sound but I am interested in what you think. Feel free to comment in support or against the Kanawha County bar smoking ban.
"Webster for House" Fundraiser
Host:Friends of Webster for House Committee
Location: WV Association of Justice Headquarters
1614 Kanawha Blvd East
Charleston, WV 25311
When:Thursday April 24th, 5:30 to 7:30
Phone:RSVP: 444-3371
Delegate Carrie Webster
Chairwoman
House Committee on the Judiciary
Webster for House Committee
c/o Bob Redman, Treasurer
932 Central Avenue, Charleston, WV 25302
Nearly all of the reports we received from the County Conventions on Saturday were very positive of the experience.
But the emails behind the scenes as well as the comments here make Kanawha County's sound like a mess.
That's what they told us. But then, if you want to talk about having a convention hi-jacked by someone, you can look to Kanawha. I've done just a little digging and found that when Pat Maroney was nominated to be convention chair it was a complete surprise to the local county committee members. (Come to think of it I think they said county exec committee officers were already going to the convention, not elected officials.) Frankly I think the county exec committee is upset, angry and hurt that the Pat Maroney and Tom Vogel (Executive Director of the state party) took over the convention.
I also realized that the delegates from Kanawha County could be challenged if someone wanted. The convention never voted on the delegates. We voted on adopting the agenda, a convention chair, members of the three standing committees and adjournment. I don't know if Mag Districts 1,3 and 4 actually voted on their slate of delegates, but dist. 2 didn't. We voted as a district caucus to put off our problems until a half-an-hour before the convention, but not on the delegates themselves. The convention never voted to approve delegates.
Additionally, Pat and Tom didn't leave the floor open for resolutions or any such nonsense. They did open the floor to suggestions regarding the party platform, (which most people-including me- hadn't seen because they didn't have enough copies, but quickly started telling people to email those suggestions to the state party. It seemed to me an indication that they really didn't want to hear it. Also, Pat told everyone there and Tom Vogel nodded in agreement that anyone who hadn't seen the platform could get in online. "It's there," they said. But it's not. I still haven't read the proposed party platform. I'll be using the greater part of my day today just bugging the beejesus out of them.
There are several Democratic candidate events coming up over the next few days. Visit the West Virginia Democratic Party calendar for a full list of future events.
Saturday, February 9, 2008 : Breakfast with Jo. Please join Sheriff Mike Bright and Mrs. Lisa Border as they cook up pancakes to support Jo Boggess Phillips for the House of Delegates, 12th district at the McDonald's Building Jackson County Junior Fairgrounds 8:30am to 11:00 am for more information contact Jo Boggess Phillips at www.joboggessphillips.com 372-8699 or jbphillips@citynet.net
Sunday, February 10, 2008 : Jefferson County Organization of Democratic Women will be hosting the Candidates for the WV Supreme Court and the Secretary of State 4pm at the Charles Town Library meeting room in Charles Town. For more information contact Virginia Graf 728-2829
Monday, February 11, 2008 : Open House Reception for Governor Manchin's Re-Election Headquarters from 3:30 - 7:00 PM at 4801 MacCorkle Avenue, Kanawha City, WV. Stop in and speak with the Governor, the First Lady and the campaign staff. For more information call Sara Payne Scarbro at 304-925-3760.
CHARLESTON, W.Va. - Gov. Joe Manchin has ordered all national and state flags displayed at state facilities lowered to half-staff Tuesday, Dec. 4, in commemoration of the distinguished life and service of United States Army Special Forces Captain Benjamin David Tiffner.
During his childhood, he lived in Kanawha and Clay counties.
Capt. Tiffner, 31, died Wednesday, Nov. 7, from injuries suffered during combat operations while conducting a ground convoy in the vicinity of Baghdad, Iraq.
He was stationed at Fort Campbell, Kentucky, as a member of Company C, 1st Battalion, 5th Special Forces (Airborne).
Visitation will be 10 a.m. to noon Tuesday, Dec. 4, with the funeral services for Capt. Tiffner beginning at noon. The visitation and the
funeral will be held at Murphy Funeral Home, 4510 Wilson Boulevard, Arlington, Va. He will be laid to rest at Arlington National Ceremony.
As Gorilla Monsoon would say, Stick a fork in Rudy Guiliani. He's done.
I can't imagine Wood County Commission President Rick Modesitt and Sen. Frank Deem of Wood County sticking by a presidential candidate who behaved as egrigously as Guiliani. But you never know, State Sen. Vic Sprouse of Kanawha, who has his own history of adultery, might stand by his man.
But even Matt Drudge and Fox News which had been squarely in Guiliani's corner (to the chagrin of Grandpa Fred Thompson and his supporters), have thrown in the towel on him.
Personally I think this whole affair (pardon the pun) shows that Modesitt, Deem and Sprouse have poor political judgment and voters should remember the kind of company they keep.
The American Lung Association has released its annual State of the Air report. The two worst metropolitan areas in the country: Los Angeles and Pittsburgh.
Here in West Virginia, there's no end to the natural beauty. It's a pretty low population density, too. It's a generally rural state. Somehow, we've still got some surprisingly bad air pollution issues.
West Virginia Women's Commission selects Barbara Spradling to receive the "LABOR" award at their 2007 Celebrate Women Awards Ceremony!
Each year names of Women from around our State are submitted to the West Virginia Women's Commission to receive awards for their contributions to society and for being positive role models for others.
There are 12 categories that a name can be submitted to receive these awards and the categories range from public service, government, arts and the category that Barbara Spradling's name was submitted ... labor.
Barbara, widely known as Babs by her friends, is well known in her home town of Pinch, WV and around the State for her many hours of selfless service to anyone that is in need of a volunteer, be that a UFO food bank drive or a door to door canvass for a labor endorsed candidate.
Barbara serves as President of AFSCME Local 3248 covering state workers in Kanawha, Putnam, Boone and Clay counties. She serves on the Executive Board of AFSCME WV Council 77, on the WV AFL-CIO COPE Committee and as an active delegate to the Kanawha Valley Labor Council, AFL-CIO.
The Celebrate Women Awards serves as a "Hall of Fame" for West Virginia Women and Barbara Spradling's name will be added to this very impressive list of West Virginia Women!
Again, Congratulations Babs!!
22nd Annual Celebrate Women Awards Ceremony
Saturday, April 28th, 2007 ~ 1 p.m. Stonewall Jackson Lake Resort, Roanoke, WV
For more information on the awards luncheon or the nomination process for the Celebrate Women Awards you can call the Women's Commission at 304-558-0070 or visit the Women's Commission web site.
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