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Why Shouldn’t Art Williams Pay The Fine?

By John Riley

Art Williams, director of the Metro Air Pollution Control District, and Tom Fitzgerald are bosom buddies who both worked overtime to keep VET (vehicle emissions testing), against the will of the people.  How interesting that, thanks to Art Williams’ failing to do his job after being directed by the Kentucky State Legislature to end the VET, the taxpayers are required to pay a fine, with the money going to Tom Fitzgerald!

Art Williams had over 18 months, from the time the Kentucky Legislature voted in 2002 to end the VET, to submit a plan to the EPA.  Isn't it convenient that, with all of Art Williams’ experience and all of his contacts within EPA, that "golly-gee" the plan that he submitted was not accepted by EPA?

That maneuver (or manure) allowed Tom Fitzgerald to be successful in winning a federal lawsuit claiming that ending VET without EPA approval was a violation of law.  Now federal Judge Heyburn has awarded Kentucky Resources Council which is headed by Tom Fitzgerald $100,000 in addition to another $30,000 to Tom Fitzgerald for attorney fees.

(see http://www.courier-journal.com/localnews/2004/06/10ky/A1-vet0610-8194.html )

So Art Williams’ buddy, Tom Fitzgerald, now is awarded a total of $130,000 of our money because Art Williams and Tom Fitzgerald disagreed with the will of the people and successfully pulled off this little stunt.  Actually, they were only partially successful; what they really wanted was for the federal judge to order the VET to be reopened, but I'm sure they will be tickled pink to accept the money instead.

Yeah, I know this conspiracy would be hard to prove with direct evidence; however, I was given information sometime ago, when Williams and Fitzgerald were defeated in the legislature, that Williams was adamant about keeping the VET and he would use "outside groups" (outside of the APCD) to do his bidding to keep the VET.  As it turned out, his "outside groups" were his good buddy and ally Tom Fitzgerald and his KRC.

Of course, there is another element to consider.  The Courier Journal was another player in the debate that gave no consideration at all to the will of the people.  The Courier Journal was the megaphone that Williams and Fitzgerald had hawking for them.  The Courier Journal was and still is solidly behind Williams and Fitzgerald as is evidenced by their editorials favoring Fitzgerald’s suit.

So, it appears that federal judge John Heyburn agrees with the Courier Journal and with Tom Fitzgerald by ruling to award Fitzgerald and KRC $130,000.  None of them have any respect at all for "representative government" or the "will of the people".

Who now is willing to ask the hard questions of Art Williams for creating this debacle?  Why, with all of his experience, with all of his contacts nationally (as past president of the Association of Local Air Pollution Control Officials - ALAPCO) and internationally (Williams has traveled extensively internationally to the United Nations Conference of the Party - COP- meetings regarding the KYOTO treaty) and all of his contacts within EPA and State Government would he submit a plan that was not accepted by EPA?

(Note: the hyperlink above is a short explanation of Williams’ activities. Or CLICK HERE.)

Williams certainly knew what was needed by the EPA and certainly could have submitted an acceptable plan to the EPA, which he knew would have given Fitzgerald no basis for the lawsuit.  He did not, and the people of Jefferson County (Louisville Metro) now deserve answers and accountability! Not to mention restitution!

The Metro Council should and must act as the "representatives" of the people. They should arrange to hold public hearings and find out why this was allowed to happen and demand the Mayor ask for Williams’ immediate resignation, and Williams should pay Metro Louisville $130,000 plus attorney fees and expenses in restitution for his failure to do the job he is paid to do! 

The citizens should not be left out of this issue, and they deserve answers.  The members of the Metro Council should, on behalf of the citizens, ask the hard questions in a public hearing!  This is a serious issue that affects all citizens of Metro Louisville, and it should not be ignored and/or forgotten by the Metro Council.

The members of Stop the VET stand ready once again to bypass the Courier Journal and go directly to the citizens of Metro Louisville if necessary.  The issue of VET is not over until the citizens have their say in the matter, either directly or, preferably, through their elected representatives on the Metro Council and the Mayor.

The Courier Journal says,"Judge Heyburn ought to take steps to make certain that they won't do it again anytime soon by ordering a consequence that is both memorable and appropriate to the offense." However, what really needs to happen is that Louisville’s Metro Council should take steps to make certain that Williams will pay a price for his failure to do his job properly, by ordering a consequence that is both memorable and appropriate.  Williams’ being required to pay the fine would be a good first step.

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