Friday, October 04, 2002
Patton records subpoenaed
Ethics panel also demands information from two agencies
By Charles Wolfe
The Associated Press
FRANKFORT - A state ethics commission Thursday subpoenaed records from Gov. Paul Patton, following subpoenas to two agencies that dealt with a woman who claims she got favors during an affair with Mr. Patton.
The subpoenas, released under the Kentucky Open Records Act, ask for a wide range of documents from Mr. Patton, the Cabinet for Health Services and the Transportation Cabinet.
Tina Conner, who has sued Mr. Patton for sexual harassment, owns a nursing home at Clinton in Hickman County and was co-owner, with her former husband, of a construction company at Water Valley in Graves County.
Nursing homes are regulated by Health Services. The other company, ST Construction, was designated a disadvantaged business enterprise by Transportation. That would give it an edge in competing for subcontracts on state road projects, though no contract ever was awarded.
The nursing home, Birchtree Healthcare, has drawn more attention because of Tina Conner's claim that Mr. Patton unleashed regulators on it after she ended their two-year affair in 1999.
Ms. Conner, who was the administration's patronage chief and chief political contact in Hickman County, also claims to have gotten assistance during the affair.
She claims someone in Mr. Patton's office warned her of an impending inspection on at least one occasion. Her attorney said she gave an employee's name to state and federal investigators on Tuesday.
Mr. Patton has acknowledged the affair but has denied any illegal use of power.
The Executive Branch Ethics Commission's subpoena to Mr. Patton's office asks for schedules, calendars, appointment books and anything else reflecting Mr. Patton's daily activities from 1996 through 2001.
It also asks for a listing of cell phone numbers assigned to employees of the governor's office and billings for those numbers.
The subpoena also asks for results of any internal investigation conducted by the governor's office, including names of people interviewed and their responses.
On Wednesday, Mr. Patton's general counsel, Denis Fleming, said he conducted an informal review of office employees to try to determine whether anyone tipped off Ms. Conner about a nursing home inspection. Mr. Fleming said he turned up no evidence of wrongdoing.
Patton spokeswoman Channel Barbour said Mr. Patton would promptly comply with the subpoena.
The ethics commission has no criminal jurisdiction. At most, it could impose a fine of $5,000 per violation and issue a reprimand if it concluded that Mr. Patton violated the state ethics law. A criminal investigation has been launched by the state attorney general, the state's two U.S. attorneys and the FBI.
The subpoena served on Health Services seeks complaints, audits and inspections of Birchtree Healthcare for the last six years, plus rosters of agency employees.
It also lists records of telephone calls involving Birchtree, the governor's office and the cabinet's regional office at Hopkinsville, whose staff conducted Birchtree's inspections.
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