Pubdate: Sat, 05 Mar 2005
Source: Courier-Journal, The (KY)
Copyright: 2005 The Courier-Journal
Contact:  http://www.courier-journal.com/
Details: http://www.mapinc.org/media/97
Author: Deborah Yetter
Note: Only publishes local LTEs

BILL COULD 'DEVASTATE' INVESTIGATING

House Change Targets State-Federal Joint Forces

FRANKFORT, Ky. -- Tracking fugitives, busting meth labs, uncovering
child pornography on the Internet, investigating corruption and white
collar crime. These are among the tasks that federal agents and state
police work on almost every day, Kentucky's top FBI agent and other
federal officials told state lawmakers yesterday.

But that could end under a bill the House passed yesterday. Senate
Bill 45, which would reorganize the Justice Cabinet, also would block
state police and other state justice employees from joining federal
investigations, a provision that was added over the objections of
state and federal authorities.

"It will render us less effective," Steven H. Gurley, special agent in
charge of the FBI in Kentucky, told the House Judiciary Committee. "We
cannot do it without our state and local partners."

Gurley said the provision would make Kentucky the only state in the
nation with such a prohibition.

The bill now goes back to the Senate, and Senate Majority Leader Dan
Kelly, R-Springfield and the sponsor of SB 45, said the provision
means no approval in that chamber.

"That's a pretty big problem," Kelly said. The bill then would have to
be hashed out in a conference committee to become law.

Kelly said that if a conference committee cannot agree on the bill, it
will fail, leaving Gov. Ernie Fletcher free to reorganize the cabinet
for another year by executive order, as he did last year.

"That's an abdication of our responsibility," Kelly said. House
Judiciary Chairman Rep. Gross Lindsay, D-Henderson, proposed the
investigation prohibition. He said opponents are exaggerating its
effect. Lindsay said he made the proposal because powers are too broad
for state employees deputized to participate in federal
investigations. He said he isn't aware of any abuses, "but I don't
want them to start." State justice and federal officials are adamant
that the bill would bar state police and other Justice Cabinet
employees from federal investigations because the change -- a few
lines in a 212-page bill -- prevents them from being deputized by
federal authorities.

"It would devastate what we do," KSP Commissioner Mark Miller said.
Representatives of four other federal agencies joined Gurley yesterday
to declare that the provision would eliminate state police from task
forces on drugs and terrorism and would hurt other joint efforts, such
as investigating public corruption and catching fugitives. The
proposal also could eliminate the state's share of millions of dollars
in cash and other assets seized in joint drug arrests and other
criminal cases, Gurley said.

Lt. Gov. Steve Pence, who also is justice secretary, said he is
troubled by changes to the bill.

"The governor should have the right to organize his cabinet the way he
feels is most effective and efficient," Pence said.

The bill passed the House 91-1 yesterday, with Rep. Brad Montell,
R-Shelbyville, voting no.

But several House Judiciary Committee members, including Rep. Tim
Feeley, R-Oldham, said they don't care for the prohibition.

Feeley, a former federal prosecutor, said the investigative task
forces are essential to fighting crime. He said he's counting on
problems being resolved by a conference committee.

Another change would exempt state police from an internal
investigations office the cabinet created to investigate employee
misconduct and other violations.

Under a proposal by Rep. Rob Wilkey, D-Scottsville, the investigations
office would have been abolished.

That was changed yesterday to permit the office to continue to exist
but exempt state police from its oversight, because of objections of
the Kentucky State Police Professional Association.

State police shouldn't be subject to investigations by another office
because allegations against troopers are investigated through KSP
Internal Affairs, said Sonny Cease, executive director of the
employees' association. Justice officials said abolishing the office
would have eliminated their power to do any internal investigations,
including allegations of abuse at its Juvenile Justice centers.

Wilkey said he proposed abolishing the office because he and some
legislators are suspicious about the cabinet's need for it. "We
thought there was an attempt to create some super-secret police force
out there," he said.

The office uses civilian investigators and refers any suspected crimes
to police, Deputy Justice Secretary Cleve Gambill said.
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