The Republican-controlled Senate denied Gov. Andy Beshear two key appointments late Thursday, one to the Public Service Commission (PSC) and another to the Fish & Wildlife Commission.
Senate President Robert Stivers, R-Manchester, put forth resolutions confirming Marianne Butler to the PSC and Brian Erick Mackey to the Fish & Wildlife Resources Commission. However, Stivers moved to have them both denied confirmation, and a vast majority of Republicans in the chamber followed his lead – but the Senate leader wasn’t exactly clear on why those appointments ought to have been denied.
Stivers started with Butler, who has served on the PSC since September when she was appointed.
“I have been contacted by numerous people about the functions of the PSC and how they have operated since this nomination has been put before us and one other. Dysfunctional, not responding, plans about how to level the costs of skyrocketing electric bills – these are the things that we get input (about).”
Stivers said that he won’t tell who contacted him about Butler – who is a former Democratic member of the Louisville Metro Council – and potentially the “other nominee.”
“I have been told, and we have seen by reports in the paper, of how entities within government have been weaponized,” Stivers said.
The only other PSC appointment not yet confirmed by the Senate on the three-person commission is current Vice Chair Amy Cubbage, previously General Counsel to Beshear’s office. She was appointed one month before Butler, and a resolution confirming her appointment was passed over in the Senate’s orders on Friday.
Through a spokesperson for Senate Republicans, Stivers did not elaborate on his comments about Butler or what “reports” he was referencing. A Herald-Leader story from earlier this year on the PSC’s approval of an electric service area transfer that gave Kentucky Utilities (KU) the right to serve massive $5.8 billion twin battery plants in Hardin County made brief mention of Butler – she had not participated in discussion of the case, being former manager of community initiatives at KU/LG&E.
Shortly after stating that he would respond to any questions about his motion, Stivers refused to take questions from two Democrat Senators.
Sen. Morgan McGarvey, D-Louisville, said that the fact that the resolution can’t be questioned “is the problem.”
“This is the first I’ve heard of any of this, and if we are not going to confirm someone appointed by the governor… because of vague accusations from unnamed individuals, that is not debate,” McGarvey said. “There can be no questions, even on what this information is or from where it came – that’s not what the process intended for confirmation from the Senate is.”
Sen. David Yates, D-Louisville, said he’s known Butler all his life and that she was “one of the most qualified candidates you could have” and indicated that Stivers’ opposition to her was more about a “jab at the governor” than finding a quality candidate.
“The response from the sponsor was so vague it’s hard to have an interpretation. It’s frustrating that our job is to vet and confirm an appointee, but there’s no discussion and no questions answered about it,” Yates said.
Butler’s confirmation was denied 9-26, with only Louisville Republican Sen. Julie Raque Adams voting “yes.” Adams served alongside Butler on Louisville Metro Council for two years in 2007 and 2008.
Because their confirmations were denied, Butler and Mackey’s commission seats are now vacant according to state statute governing appointments.
Scottie Ellis, a spokeswoman for Beshear’s office, criticized the Senate’s decision and said Mackey was selected to bring “positive change” to the board.
“By refusing to confirm an independent voice to the Fish and Wildlife Board, the Senate Majority is enabling and endorsing the wrongdoing, corruption and self-dealing outlined in one of the harshest audits in state history conducted by Republican Auditor Mike Harmon less than just four years ago,” Ellis said. “This is a sad day for Kentucky sportsmen who elected Mr. Mackey in an effort to bring much-needed, positive change, only to be ignored and reversed by the Senate Majority.”
Senate blocks Fish & Wildlife appointee
Complaints about conduct also plagued Mackey’s appointment.
Stivers said that Mackey had been “at odds with other members (of the commission) related to litigation.”
He also criticized Mackey for appearing on a show where the host said that people involved in the cabinet and commission “should be wearing orange,” which Stivers said is a reference to criminal activity.
“I cannot in good conscience stand and say this individual should be confirmed,” Stivers said. “… There is such disruption and consternation that I felt it was appropriate to put this up for a vote now.”
Sen. Phillip Wheeler, R-Pikeville, when explaining his “no” vote said that he didn’t like anyone making “allegations” against the current commissioner of Fish & Wildlife, Rich Storm.
Storm has been the subject of some controversy, with lawsuits filed seeking his removal, Open Records Act issues, and has challenged Beshear in court..
On Thursday night, Mackey took to Facebook to complain about Stivers’ position.
“I think Mr Stivers showed his hand… It’s not about the voice of the Sportsmen and Sportswomen, it’s about his voice and his buddies,” Mackey wrote.
Mackey has not responded to a request for further comment.
Sen. Dennis Parrett, D-Elizabethtown, said he knew the fellow Hardin County native and spoke very highly of him.
“You could not have a better member on the Fish & Wildlife Commission than Brian Mackey,” Parrett said.
Sen. Robin Webb, D-Grayson, said she didn’t know Mackey, but was critical of the process governing these appointments. She said she wanted more open hearings on such important appointments.
Her father, Robert Webb, served on the commission for more than three decades. The Eastern Kentucky Democrat also introduced legislation on Thursday that would make changes to the department.
This story was originally published February 25, 2022 11:41 AM.
