2011 Interim LEGISLATIVE Volume 24, No. 9 December 2011 * Read on-line at www.lrc.ky.gov/legislation.htm* RECORD Vic Hellard Jr. Charles Siler named 2011 Award past winners by ScottHellard Payton Award recipient 2010 LRC Public Information Peggy Hyland Former State Rep. Charles Siler, who served two notable stints in the Kentucky General Assembly 2009 before saying farewell in 2010 as one of Frankfort’s Congressman Romano Mazzoli most respected lawmakers, has been named recipient of the 2011 Vic Hellard Jr. Award for excellence in 200 public service. Sally Brown The Hellard Award, the highest honor the Legislature can bestow, has been given annually 200 since 1997. Siler -- known to all simply as Charlie - - was chosen for this year’s honor by the 16-member John R. Hall legislative leadership that comprises the Legislative Research Commission. 200 The award’s namesake, Vic Hellard Jr., was Sylvia L. Lovely executive director of the LRC staff for 19 years. The 200 Siler was known honor goes each year to William H. Hintze someone who embodies the as a ‘quietly values Hellard brought to his long career: A public servant 200 passionate voice’ of vision, who appreciates Robert M. “Mike” Duncan for his House history while fi nding innovative approaches to 2003 district and hard problems, someone Walter A. Baker who champions the all of Kentucky. equality and dignity of all, 2002 nurtures the processes of a democratic society, and the Legislature was an expression of his citizenship, Virginia G. Fox promotes public dialogue yet another civic duty he undertook, not a career.’ while educating and fostering civic engagement, and Williams recalled Siler’s ‘good heart and good 2001 who approaches that work with commitment, caring, humor,’ and added: ‘Charlie had a way of helping Thomas D. Clark generosity, and humor. even people deeply divided on a diffi cult issue fi nd In announcing Siler’s selection, LRC co-chairs common ground. It was like common sense walked 2000 David L. Williams, President of the Senate, and Greg in the room with him, and when Charlie talked, Albert P. (Al) Smith Stumbo, Speaker of the House, noted that he met all people listened.’ those criteria perfectly. Siler himself expressed gratitude for a They remembered Siler as a quietly passionate recognition he called ‘totally unexpected.’ 1999 voice for the people of his beloved Laurel and ‘I’m honored, I’m touched, and I accept this Mary Helen Miller Whitley counties, and a leader of vision and good award humbly,’ Siler said. ‘Vic Hellard was a special humor whose tireless work made life better for all man, and this is a special award, even more so since 199 Kentuckians, whether they knew his name or not. it’s given to me by my respected colleagues, people Joseph W. Kelly ‘Charlie Siler, to me, embodied the very heart who served with me.’ and soul of what it means to be a citizen-legislator,’ Siler’s civic career was historically remarkable, 199 Stumbo said. ‘He was always a citizen fi rst. Being in spanning national and even world history. His Anthony M. Wilhoit Continued on page 2 THE KENTUCKY GENERAL ASSEMBLY 1 Employers winning contested unemployment claims The committee had earlier employee who allegedly committed those eight standard reasons, Meyer by Rebecca Mullins Hanchett received testimony from some area unemployment insurance fraud and a said the employer is responsible for LRC Public Information employers who told lawmakers they former worker who received benefi ts establishing that misconduct was have fi red employees for documented after allegedly not performing well committed by the former employee, Employers were the winners of reasons only to see those employees upon job reassignment. if the employer wants to avoid paying the majority of employer-contested be awarded unemployment benefi ts. Although employers are winning benefi ts. unemployment insurance cases in 2010 Joining the employers during their most of the unemployment insurance In short, unsatisfactory work and are emerging the winners of these testimony was Rep. Susan Westrom, cases they contest, Meyer told the and inability to perform one’s job, in types of cases in 2011, state lawmakers D-Lexington, who said the employers committee and others presents that general, are not considered enough were told on Nov. 30 by the state “encountered that they’ve fi red unemployment insurance law is reason to deny a person benefi ts, offi cial who oversees unemployment somebody they thought they had a designed to favor the person who is explained Meyer. insurance for Kentucky. documented reason to fi re, and they applying for benefi ts, not the employer. Rep. Bill Farmer, R-Lexington, Education and Workforce (the employee) end up collecting Employers have an “absolute right” stressed the need for consistency in the Development Cabinet Secretary unemployment insurance, which has to legal representation at benefi t unemployment insurance proceedings. Joe Meyer, whose Cabinet oversees been very much of a shocker …” determination hearings, said Meyer, “I think if there were a factor of Kentucky’s unemployment insurance Lexington area insurance but unemployment insurance law is consistency here…the entire group claim division, said that employers— salesman, stock broker and real estate designed to favor the applicant. is going to be better served.” Meyer not fi red or terminated employees— broker Ben Kaufmann told lawmakers “The burden of proof is on the said the unemployment insurance won 70 percent of the 61,000 about a former maintenance employee employer,” said Meyer. appeals process is a legal process, and unemployment insurance cases who Kaufmann said was not where he Meyer said there are a set of decisions made are in writing. contested by employers in 2010. The was supposed to be during work hours eight standards adopted by the 1982 Committee co-chair Rep. Rick employers’ success rate for contested and was eventually fi red, only to be Kentucky General Assembly that Nelson, D-Middlesboro, said the cases so far this year is 71 percent, awarded unemployment by the state. clearly constitute misconduct by a issue might need to be addressed by said Meyer. “I’m scared to death to hire fi red or terminated employee under the General Assembly. “It sounds to “In terms of our actual application, people. We need to do something,” state unemployment insurance me like you are playing mostly by and our rulings…70 percent of the Kaufmann said. law. If those standards are met, the the rules that the General Assembly time, the employers win,” he told the Another employer, Cynthia Bohn terminated employee may not receive at some point enacted into law. So... Interim Joint Committee on Labor and of Equus Run Vineyards, recounted unemployment benefi ts. If someone is maybe that’s something a legislator Industry. scenarios involving a former let go for a reason other than one of needs to address,” said Nelson. Hellard Award, from page 1 Former Rep. military career alone traced the But four years later, Siler’s district Charles Siler, narrative arc of the last half of the sent him back to Frankfort, where he speaking on a bill 20th Century. It began with the end served until 2010. on the fl oor of the of World War II and the beginning of His tenure in the House was the Cold War. He served in occupied called by one observer a study in Kentucky House Japan. He served in the Korean War. thoughtful, courageous representation. of Representa- He was with the troops protecting Dr. When he came back from his years out tives during the Martin Luther King’s Civil Rights of offi ce, Siler voted for 1997’s higher 2010 Regular march on Montgomery in the 1960s. education reform, another politically His military decorations include diffi cult vote on principle. Session of the two awards of the Legion of Merit, a But he said the reform was Kentucky General Meritorious Service Medal, a Bronze necessary for community colleges Assembly. Star for Valor, an Army Commendation to better prepare Kentuckians for Medal, a Combat Infantry Badge, the 21st Century workplace, and for and Master Paratrooper Wings. In universities to answer the call for September 1998, Siler was inducted citizens of exceptional preparation to into the Infantry OCS Hall of Fame. prosper in a complex world. When his long military career As another observer said, Siler ended, retiring with the rank of had seen the world and knew its Colonel, he returned to Kentucky and demands, and wanted Kentuckians ran for offi ce to help shape his home ready for it. state’s history. Current LRC Director Robert As a representative from District Sherman, who worked closely with treated well will respond to you in the third former legislator (Romano 82 and a Republican, fi rst taking offi ce Hellard for the better part of two kind. And his great optimism was that Mazzoli, a former state Senator and in 1984, he was a voice for veterans decades, said leadership’s selection of the American experiment will succeed Congressman, won in 2009, and and a voice for labor, but his greatest Siler for this year’s award would have if everyday folks out there take up former state Sen. Walter Baker won in passion was education. He voted for greatly pleased his old boss. their share of civic responsibility and 2003). the Kentucky Education Reform Act of ‘Charlie Siler shares with Vic smile while doing it. That describes Hellard himself died in 1996, 1990 though he knew the tax increase some core beliefs,’ Sherman said. ‘Vic Charlie perfectly.’ a year after his retirement from the to pay for it would likely get him beat believed self-government would lead Siler is the 15th recipient of LRC.