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Moving the Goal Posts

Moving the Goal Posts

Earlier today, Senate Education Committee Chair Max Wise (R, Campbellsville), along with the entire Senator Majority Leadership team, released an op-ed in response to the Governor’s unexpected and abrupt change of plans, creating confusion and frustration in homes and local school board rooms across the Commonwealth. I fully support my friend and colleague, Senator Wise, in this piece:

Commonwealth of Kentucky

Senate Majority Office

August 11, 2020

Reopening Kentucky Schools? Local Superintendents Should Decide

By Senators Wise, Stivers, Givens, Thayer, Adams, and Wilson

We, members of the Kentucky State Senate Majority, have heard a myriad of disappointment, anger, confusion, and frustration from our constituents regarding Governor Andy Beshear’s ‘recommendation’ that all schools open virtually in the fall of 2020. From parents of high school seniors to grandparents of kindergarten students, we are hearing from them all.

Citizens across the Commonwealth know how vital schools are to their communities, as they play an essential role in preparing their children for the future. Some weeks ago, after sending a letter to the Kentucky Department of Education (KDE) encouraging some guidance to be provided to schools, Governor Beshear’s KDE finally took a position. If districts worked with local health departments, school administrators, teachers, and community leaders to develop well-designed plans that fit their local needs, KDE would review them and offer suggestions. The goal was to get children back into schools ready for in-person learning while permitting districts and families the flexibility if they choose to attend virtually.

Suddenly, yesterday, Governor Beshear unilaterally moved the goalposts. He moved from an initial recommendation to wait until the third week of August to resume in-person classes to now extending that date to the week before schools would be closed for fall break. One of the most frustrating scenarios is that over 100 local school districts were not given a chance to see if their in-person model may work. Surveys were taken, input was provided, and plans were developed only to see a ‘recommendation’ basically corner those superintendents into a box. Are they not to be trusted? Some districts had already announced their initial ‘virtual-only’ plans.

In contrast, many smaller or rural public school districts hoped to follow through on the overwhelming clamor from their teachers, parents, and students to offer a choice and support a reopening for in-person education during the 2020-21 school year. Locally, no voice has been louder than that of working-class parents. Much like when the pandemic began, these parents are being pushed into a financial crisis. Many of these parents have returned to work to now face the additional economic sacrifices and dilemmas of finding childcare, quitting a job, seeking family assistance, or requesting workforce accommodations to comply with this last-minute ‘recommendation.’

At this Monday press briefing, the question was posed to the Governor, “What is the impact of your recommendation on delaying the start of in-person classes until September 28th?” His response, “It is a recommendation. We are basing it on public health advice and the facts right now. If local school officials ignore us, the consequences are theirs.” From the start, the Governor has said, “We are in this together,” but suddenly, now “the consequences are theirs?” This statement and tone indicate blame, finger-pointing, and potential retribution for districts that don’t follow his ‘recommendation.’

We fully support decisions made on the local level because they have the pulse and the ear of their communities’ safety and students’ best interest. The outcomes of those decisions will likely not be perfect, but we will stand beside those students, families, leaders, and teachers.
— Senator Max Wise

Regarding public health advice, remember that the CDC director testified that keeping schools closed poses a more significant health threat to children than reopening. Suppose we fail to provide access to in-person learning. In that case, Kentucky’s school-aged children will receive limited or no access to nutrition, immunizations, mental health counseling, speech therapy, and other essential health-related services.

The Republicans of the Kentucky State Senate believe that we should indeed all be in this together. We echo the words of UK President Dr. Eli Capiluto, quoted on July 21, 2020 by the Lexington Herald-Leader. When questioned about the wisdom of his endorsement of students returning to campus coursework and activities, Dr. Capiluto responded, “As I heard someone recently say, we have two choices: we can go into lockdown, shutdown, or we can try to live in a COVID world. I think most of us realize we’ve got to live in a COVID world. So how do we make it as safe as possible for our student-athletes and for those who are dearest in our community — students, staff and faculty? That’s what we’re trying to do.”

In closing, we have full confidence in Kentucky’s education professionals. Their innovation, adaptability, professionalism, and commitment is unmatched. We support districts deciding on their own to start in-person, virtually, or through a hybrid methods. We cannot apply a one size fits all model for our school districts, as what is best for Jefferson County may not be the same for Adair County. We fully support decisions made on the local level because they have the pulse and the ear of their communities’ safety and students’ best interest. The outcomes of those decisions will likely not be perfect, but we will stand beside those students, families, leaders, and teachers.

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Note: Senator Max Wise represents the 16th District, which encompasses Adair, Clinton, Cumberland, McCreary, Russell, Taylor, and Wayne Counties. He is the chairman of the Senate Education Committee. Senate President Robert Stivers represents the 25th District, which encompasses Clay, Knox, Lee, Owsley, Whitley, Wolfe counties. Senator David Givens represents the 9th District, which encompasses Allen, Barren, Green, Metcalfe, Monroe and Simpson Counties. He serves as the Senate President Pro Tem. Senator Damon Thayer represents the 17th Senate District, which includes southern Kenton County as well as all of Grant and Scott Counties. He is the Senate Majority Floor Leader. Senator Julie Raque Adams represents the 36th State Senate District, which includes a portion of Jefferson County. She is the Senate Majority Caucus Chair. Senator Mike Wilson represents the 32nd District in Warren County. He serves as the Senate Majority Caucus Whip.

Senator Whitney Westerfield Announces Re-Election Bid

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CROFTON, KY — Republican state Senator Whitney Westerfield will seek re-election to Kentucky’s 3rd Senate district for a third term in office. His campaign will focus on continuing to achieve real results for the district and upholding conservative values.

Westerfield serves Christian, Logan, and Todd counties in Frankfort. He is also a life-long resident of Christian County and has been widely regarded as a workhorse for his district. “I am extremely grateful for the support I have received here at home,” said Westerfield. “Since 2013, I have helped pass bipartisan legislation, fought hard for government transparency, protected the unborn, worked to improve public safety, and promoted economic opportunity for the families in our district. I am as ready as ever to take your voices to Frankfort and lead the charge towards solving our most pressing issues.

Westerfield has served as chairman of the Senate Judiciary Committee throughout his time in office. He sponsored Senate Bill 200 in 2014, which brought about the largest reform to Kentucky’s juvenile justice system in 30 years.

Slow and steady wins the race,” said Westerfield. “Being a successful legislator requires persistence, which is why I’ve filed for re-election. I have been fortunate to see legislation come to fruition that has been years in the making. I promise to continue expanding opportunities for struggling Kentuckians and reforming policies that inadequately address the real issues our communities face.”

Westerfield’s current term in office stretches through 2020, when state lawmakers will be expected to write a new budget. “We have a Republican majority in Frankfort and a new, Democratic governor at the helm,” said Westerfield. “Looking at that dynamic alone, I can anticipate the challenges that will lie ahead. However, the good people of Western Kentucky expect their state leaders to find common ground.”


Westerfield has been an active member of the Kentucky Bar since October 2006. Because of his practical experience as a local attorney, his legislation has focused largely on improving the justice system and developing services that protect victims of crime. Westerfield’s prosecutorial record has included successful convictions on charges ranging from misdemeanors to homicide.

Kentucky's state Senate elections will take place in 2020. For more details on Senator Westerfield’s record and this campaign, please visit WhitneyWesterfield.com.

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Marsy's Law Ruling

Marsy's Law Ruling

Yesterday, October 15, the Franklin Circuit Court issued its ruling in the legal challenge by the Kentucky Association of Criminal Defense Lawyers to SB3 (2018), known widely as Marsy’s Law. The Court determined that the ballot question for this constitutional amendment addressing victims’ rights is unconstitutional. I profoundly disagree with this determination, and will seek transfer of the inevitable appeal directly to the Kentucky Supreme Court. As the sponsor of SB 3, I have worked tirelessly to elevate the voice of crime victims within the criminal justice system as a constitutional right, and I am steadfastly committed to this cause regardless of today’s ruling. I remain confident that SB 3 will be incorporated into the Kentucky Constitution by the voters of the Commonwealth.

These are the key takeaways to keep in mind:

  1. The ruling is being appealed; the notice of appeal was filed today.

  2. Marsy’s Law WILL STILL be on the ballot in November and we still NEED YOUR VOTE!

  3. The Judge’s ruling expressly allows for the Secretary of State to still count the ballots in support of Marsy’s Law. This was done to allow for the orderly appeal process in which we are now engaged.

  4. Our fight to ensure crime victims the rights and respect they deserve continues stronger than ever!

  5. For more information about Marsy’s Law, FAQ, endorsements and news releases, please visit https://www.victimsrightsky.com/

  6. A misleading narrative keeps popping up that Marsy’s Law will weaken the presumption of innocence. This is FALSE. In fact, the proposed amendment specifically includes language that clearly states “Nothing in this section shall afford the victim party status, or be construed as altering the presumption of innocence in the criminal justice system.” (SB3, p.2, Lines 7-8)

You can find PDF’s of my statement, the Franklin Circuit Court’s ruling and the full text of Marsy’s Law below. Stay up to date on the case by bookmarking this site, or by following on Twitter and Facebook (linked below). I’ll keep updates posted as I have them.

Child Welfare Oversight and Advisory Committee

Child Welfare Oversight and Advisory Committee

Over the course of the 2017 interim period a bipartisan working group of House members met several times to hear from stakeholder groups about issues related to Kentucky’s adoption and foster care processes.  I was fortunate to “audit” some of those meetings as an interested member of the Senate.  When the 2018 session began the working group’s end product became House Bill 1, which ultimately passed one vote short of unanimously.

HB1 contained a number of critical changes to the child welfare process for foster care and adoption, including imposing new timelines and restrictions to prevent cases from lingering overlong on court dockets and getting stranded in the inboxes of the state’s bureaucracy.  The bill also creates a new Child Welfare Oversight and Advisory Committee and I am honored to be named as a member by the Senate President:

Commonwealth of Kentucky
Office of Senator Whitney Westerfield

For Immediate ReleaseJune 8, 2018

Contact: John Cox

John.Cox@LRC.KY.GOV

Senate President Stivers appoints Senate Judiciary Chairman Whitney Westerfield to the Child Welfare Oversight and Advisory Committee

FRANKFORT, Ky. (June 8, 2018) – Kentucky Senate President Robert Stivers announced Thursday the appointment of Senator Whitney Westerfield (R-Hopkinsville) to the  Child Welfare Oversight and Advisory Committee. The newly-formed committee was created in statute with the recent passage of House Bill 1 from the 2018 Legislative Session.

House Bill (HB) 1 gives more rights to foster parents by cutting red tape and reducing regulatory burdens associated with adopting a child in Kentucky. The Child Welfare Oversight and Advisory Committee was created by HB 1 to review, analyze, and provide oversight on child welfare, including but not limited to foster care, adoption, and child abuse, neglect, and dependency.

“As an adoptive parent, I understand the challenges and anxieties associated with Kentucky’s adoption process,” Senator Westerfield said. “I look forward to applying my experience in the courtroom and as the Senate Judiciary Committee chairman to the child welfare process where too often children fall through the cracks. I was proud to carry House Bill 1 in the Senate, I am proud to serve on this committee, and I am anxious to get to work to further improve our adoption and foster care programs in the Commonwealth.”

A meeting schedule for the Child Welfare Oversight and Advisory Committee is expected to be announced in the near future. For more information on the committee, please visit http://www.lrc.ky.gov/committee/statutory/SWOAC/home.htm. For the full text of HB 1, please visit http://www.lrc.ky.gov/record/18RS/HB1.htm.

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Pensions Update

Pensions Update

Click here to visit KentuckyPensions.com for more information.

Click here to visit KentuckyPensions.com for more information.

Bringing about a flurry of facts and a storm of misconceptions, Kentucky’s pension crisis has become one of the most dominating news stories in recent months. One thing is for certain: if our state pensions are not addressed in the very near future, we will face huge cuts in state funding. Education, Medicaid, and other government services would likely be affected—a risk our state is not in a position to take.

So how did we get to this point? In the early 2000’s Kentucky’s pensions were in a healthy condition. While there was not one single cause for the pensions’ downhill slide, factors such as faulty assumptions led to underfunding which continued throughout the decade. The lack of proper funding over this amount of time eventually led to the critical state of our pensions today. The General Assembly took steps toward reforming the Kentucky Employees Retirement Systems (KERS) and the County Employee Retirement System (CERS) in 2013, but unfortunately the Kentucky Teachers Retirement System (KTRS) was not included in those measures and the problem continued to grow.

This is not a partisan issue. In 2016 the General Assembly—Republicans and Democrats—made a commitment to address the problem. This started with a dedication of $1.2 billion annually to help with the shortfalls in KERS and KTRS as well as establishing a permanent pension fund. We also hired a third party organization, the PFM Group, to investigate the state of our pension systems.


In 2016, PFM was hired pursuant to legislation that passed 38-0 in the Senate and 99-1 in the House.


On Monday, August 28, the PFM Group gave its final presentation to the General Assembly’s Public Pension Oversight Board, offering its recommendations on how to best address the problem. I, along with my colleagues in the General Assembly and Governor Bevin, will consider PFM Group’s recommendations and craft a plan that will be implemented in a special session.

What happens if we keep kicking the can down the road? The only path forward would be to cut funding in other areas of state government. Kindergarten-12 public education, already under the burden of larger class sizes, too few teachers, and a shortage of resources, could face cuts. Higher education would also feel the cuts and make college less affordable. Medicaid, public safety and infrastructure—all services of state government many would agree are mission-critical—would also suffer in this unfortunate scenario.

However, there are ways to avoid that situation. There is a path forward that allows us to balance our legal and moral obligation to our retirees while reforming the broken systems. Our priority is ensuring our retirees have a secure retirement that will provide for them in the years to come without taking away from other priority state programs. Addressing this crisis will not be an easy task, but I will continue to work alongside my colleagues in the General Assembly to ensure we find a solution that provides for our retirees while being responsible stewards for taxpayer dollars. Now that the study from PFM has been completed, discussions on specific policies will begin. If you have questions or concerns about pension reform, please do not hesitate to contact my office directly. If you would like to see the reports for yourself, head to kentuckypensions.com.

If you have any questions or comments about these issues or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me at Whitney.Westerfield@LRC.ky.gov.  You can also review the Legislature’s work online at www.lrc.ky.gov.

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