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MSD chief engineer exits
Business ties drew attention; board member also resigns
By James Bruggers
jbruggers@courier-journal.com
THE COURIER-JOURNAL

The shake-up at the Metropolitan Sewer District continued Friday, with two top officials — a board member and the chief engineer — submitting their resignations. MSD Executive Director Bud Schardein circulated an email to Louisville Metro Council members and others Friday afternoon

Weiter Johnson announcing that Chief Engineer Mark Johnson — whose business ties with a firm that does business with MSD have been questioned — would leave Nov. 11, after work-

ing at MSD for three years. And MSD spokesman Steve Tedder said board member Charles Weiter, who started with MSD in 2006, has resigned out of concern over a potential conflict of interest involving his sons. Weiter is a consulting engineer who started with the board in 2006 and had been scheduled to serve through June 30. Since spring, the eight-member MSD board has been largely remade, acquiring four new mem-

bers, with one more now anticipated as a result of Weiter’s resignation. The changeover has come while MSD has labored under a cloud of controversy most of the year. Kentucky State Auditor Crit Luallen and a team of her auditors are scrutinizing the agency’s management, contracting, financial policies and ethics following a series of stories published by The Courier-Journal. In July, the newspaper used public records to show that MSD
See MSD, Page A2

BASKETBALL PREVIEWS

Are you ready for college basketball? Check out our preview sections, with one for U of L fans and another for UK, plus listings of college games on television
In Sunday’ s paper

Jefferson Cooperative Extension may have to cut services, seek donations

AGENCY IN A BIND

Official duties, campaign combined
By Joseph Gerth
jgerth@courier-journal.com The Courier-Journal

Beshear owes state for travel

KENTUCKY GOVERNOR’S RACE

THE PIXIES PREVAIL

Perseverance has paid off for the Pixies. Finally huge, the band is coming to the Louisville Palace.
Sunday Features | E1

COUNCIL SPENDING

Louisville Metro Council members are spending tens of thousands of dollars from their office accounts on a lot more than just staples, paper clips or toner.
Sunday News | A1

As Gov. Steve Beshear has traveled the state announcing new jobs and cutting ribbons, he has routinely scheduled campaign fundraisers to coincide with those official events — but so far hasn’t always reimbursed the state for the political portion of the trips. A review of records by The Courier-Journal found that Beshear’s cam- Gov. Steve paign has held 149 fundraising events Beshear paid on 82 days since the May 17 Demo- some travel cratic primary. And on 22 of those expenses. days, more than a quarter of the total, Beshear also scheduled an official event in the same city or county, or one nearby, as a fundraiser. During that time, Beshear’s campaign reimbursed
See TRAVEL, Page A4

Wayne Long, coordinator and agricultural agent for the Jefferson County Cooperative Extension Service, said, “We have cut every penny that we could.” The agency may have to cut services. BILL LUSTER/THE COURIER-JOURNAL By Martha Elson
melson@courier-journal.com The Courier-Journal

Humana says CEO planning to retire
Humana CEO Mike McCallister, who has led the Louisville-based health insurance company for more than a decade, will be retiring within 18 months. Bruce D. Broussard, CEO of McKesson Specialty Health, will join Humana as president in December. Story, B1

LOCAL SERVICE, FEDERAL SCOPE

VOTER GUIDE

Haven't done your election homework? The Courier-Journal will present the perfect study guide Sunday. Voters will find an 8-page guide filled with information on Kentucky candidates for statewide races.
In Sunday’s paper

A nearly century-old Jefferson County agency that offers thousands of people free services ranging from gardening help to tips on living on a reduced income soon may be forced to make big cuts. The Jefferson County Cooperative Extension Service has seen a drop of nearly $150,000 in funding from the city of Louisville over the past two fiscal years, and is for the first time seeking public donations to stay afloat, said Wayne Long, the local service’s coordinator and agricultural agent. “We can’t take many hits like that before the office closes, or some other drastic means is taken,” he said of the agency, which last year helped more than 150,000 people, including about 8,400 youths in 4-H. Up to now, the service has avoided significant service cuts by drawing on reserves. But those reserves are exhausted, Long said, and the service is now seeking more grants and considering charging for some programs. “We have cut every penny that we could,” he said.
See EXTENSION, Page A4

Nationally, the extension service was established by the Smith-Lever Act of 1914 as a partnership of the U.S. Department of Agriculture and landgrant universities to extend educational services and share research-based information with farmers and homemakers. The services now operate under the Agriculture Department’s National Institute of Food and Agriculture in Washington, D.C.

McCallister

It’s more than an event.
2012 HYUNDAI SONATA

COOPERATIVE EXTENSION OPEN HOUSE
What: The Jefferson County Cooperative Extension Service is holding an open house and is requesting community donations. When: 10 a.m. to 2 p.m. Nov. 12 Where: Metro Urban Government Center, 810 Barret Ave. Information: 569-2344 or www.ca.uky.edu/jefferson

IT’S A MOVEMENT.
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SATURDAY, NOVEMBER 5, 2011

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FROM PAGE ONE |

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KY

No verdict for Jackson’s doctor
Jurors to return to deliberate Monday
By Anthony McCartney
The Associated Press

LOTTERIES
Some of last night’s lottery results were received too late to be included in this edition. Those results will be published tomorrow. Call for more information: Kentucky: (502) 583-2000 Indiana: (800) 955-6886 (tollfree) Illinois: (800) 252-1775 Ohio: (800) 589-6446 (toll-free) Tennessee: (877) 786-7529 (toll-free) All numbers for Nov. 4 except where noted.

LOS ANGELES — Jurors considering the case against Michael Jackson’s doctor ended their first day of deliberations Friday without reaching a verdict or asking any questions indicating how far their discussions have reached. The seven-man, five-woman panel was given highlighters and blank forms to request evidence after starting deliberations Friday morning. They recessed around 4 p.m. Pacific time and were to resume discussions Monday. The jury must reach a unanimous verdict to either convict or acquit Dr. Conrad Murray of involuntary manslaughter in Jackson’s June 2009 death. Jackson died from a fatal dose of the anesthetic propofol. Murray has acknowledged giving Jackson propofol to help him sleep. The jury is not sequestered and will deliberate during the court’s regular hours.

Jurors conducted a day of deliberations Friday without reaching a verdict in the involuntary manslaughter trial of Dr. Conrad Murray (center), who was Michael Jackson’s doctor when Jackson died in 2009. A verdict will be read the same day it is reached. During closing arguments of the six-week trial, attorneys for the Houston-based cardiologist attacked prosecutors and their witnesses, saying they had over time developed stories and theories that placed the blame for Jackson’s death squarely on Murray. Prosecutors countered that Murray was an opportunistic and inept doctor who left Jackson’s three children without a father. Prosecutors contend that Murray giving Jackson propofol as a sleep aid violated standards of care and amounted to a secret experiment in which the doctor kept no records. Media were stationed Friday outside the courthouse and in the courtroom where the jury’s deci-

sion will eventually be read. Attorneys handling the case will receive a two-hour notice when a verdict is reached. Murray waived the need for his presence if the panel asks any questions, but he must be present when a verdict is announced. Jurors heard from 49 witnesses and have more than 300 pieces of evidence to consider. They were given lengthy instructions by the judge about how to deliberate. If Murray is convicted, he faces a sentence ranging from probation to four years behind bars, and he would lose his medical license. The sentence will be decided by Superior Court Judge Michael Pastor after receiving input from attorneys for both sides and probation officials, if necessary. A recent change in California law means that Murray, 58, might serve any possible incarceration in a county jail rather than a state prison. A prison term could be shortened by overcrowding. Even if he is acquitted, Murray could still be pursued by medical licensing authorities in the states of California, Nevada and Texas.

MSD: Chief engineer and board member leave sewer utility
Continued from Page A1

Pick Three Midday – 4 7 9 Pick Four Midday – 6913 Numbers from Nov. 3 Decades of Dollars 15 16 18 26 30 41 No six-number winner. 6 five-number winners: $10,000 each. Cash Ball 13 15 19 28 21 (Last number is CASH BALL) Kicker 77654 Pick Three Midday – 8 9 7 Night – 5 5 9 Pick Four Midday – 6914 Night – 6 1 3 0

KENTUCKY

Lucky 5 Midday – 6 10 12 16 36 Night – 4 18 21 28 36

ILLINOIS

Pick Three Midday – 8 5 9 Pick Four Midday – 9103 Numbers from Nov. 3 Pick Three Midday – 3 9 9 Night – 3 1 4 Pick Four Midday – 5794 Night – 6 7 4 3 Little Lotto 4 17 19 30 39 Pick Three Midday – 8 4 1 Night – 0 9 9 Pick Four Midday – 2552 Night – 5 8 6 9 Cash Five 11 15 23 34 38

OHIO

INDIANA

had been awarding six-figure contracts to the Heritage Engineering consulting firm, which Johnson previously co-owned and with which he continues to have direct business ties. Johnson co-owns two businesses with three owners of Heritage Engineering and is a co-landlord of the firm’s Jeffersonville, Ind., offices. At the same time he has played a key role in deciding how MSD hands out millions of dollars in engineering work through its no-bid professional-services contracts. The arrangement complied with MSD’s ethics policy, but agency officials have acknowledged it could violate a tougher policy that the MSD board is considering. Tedder, however, said Friday the ethics question played no part in Johnson’s departure. Johnson declined a request to be interviewed but in a statement provided by Tedder said he was “proud of the opportunity to work at MSD and proud of what we accomplished in three years, with the consent decree.” The consent decree refers to a $850 million sewer-system improvement program MSD agreed to undertake in 2005 at the behest of state and federal regulators to curb sewage overflows into area waterways.

In his email, Schardein wrote: “When Mark came to MSD in 2008, he promised me three years of service to help get the major consent-decree projects off the ground. He has kept that commitment. Since his tenure began, MSD has bid over 50 major construction projects totaling over $200 million. “It should be pointed out to Mark's credit that MSD's consentdecree projects are currently running below budget and ahead of designated construction deadlines. I credit that to Mark and his engineering staff, along with all other MSD divisions that continue to demonstrate teamwork and cooperation.” Schardein noted that Johnson has worked with MSD for 25 years; before taking on the consent decree, Johnson had worked with the utility for decades as a private engineering contractor. Weiter was not available Friday afternoon, according to a woman who answered the phone at Main Street Realty, where he has an office. But Tedder said Weiter stepped down because of concern about a possible conflict. Weiter is helping his sons finance a business, and the sons already have another business that provides and maintains exercise equipment for MSD employees, Tedder said. He said Weiter wanted to make sure there was no appearance of a conflict.

Louisville Mayor Greg Fischer appoints MSD board members, and the executive director and chief engineer serve at his pleasure. In August, the mayor expressed concerns about Johnson’s business ties with Heritage and asked Luallen to include them in her audit. But on Friday, Fischer spokesman Chris Poynter said the mayor did not ask Johnson to leave. “This was solely his decision,” Poynter said, adding that the mayor would now begin to look for a replacement. Poynter said the mayor did not ask Weiter to leave but embraced his departure. “We appreciate his decision to step down,” Poynter said, adding that the mayor would make a new appointment during the next several weeks. Poynter said Fischer awaits Luallen’s report by the end of the year, which he said could prompt more MSD changes. Three board members quit after The Courier-Journal reported that companies the members owned had done business with the agency they served. Another board member whose term expired has not been replaced. Two others whose terms recently expired — chairman Arnold Celentano and Marvin D. Stacy — were reappointed by Fischer, Poynter said.

“This continues to signal the complete makeover the MSD board and puts that team squarely at Mayor Fischer’s direction and guidance,” said Jeff Frank, executive director of Future Fund. The conservation group has been battling MSD over its sewer plans in the Floyds Fork watershed and raised various ethics questions with Luallen’s office in 2010. “Even before the auditor’s analysis comes in, this is the sort of systemic change that it will take to change the MSD ship of state,” Frank said. Johnson drew an annual salary of $148,741. He took a 10 percent pay cut in 2008, along with Schardein, but The Courier-Journal has reported that Schardein and Johnson largely made up that that cut within a few months, through bonuses and raises. On Friday, Schardein called Johnson “one of the best design/ construction engineers in the profession.” Schardein said MSD staff engineer Steve Emly would be the interim chief engineer, pending Fischer’s hire. Schardein said Emly, 43, is a graduate of Seneca High School and the University of Louisville Speed Engineering School. He has worked at MSD since 1994.
Reporter James Bruggers can be reached at (502) 582-4645.

Daily Three Midday – 5 4 3 Daily Four Midday – 4683 Lucky 5 Midday – 9 15 20 31 32 Numbers from Nov. 3 Daily Three Midday – 9 8 7 Night – 9 0 9 Daily Four Midday – 2728 Night – 1 0 9 4

TENNESSEE

Cash Three Midday – 8 3 0 Evening – 7 3 0 Cash Four Midday – 5633 Evening – 2946

ON THE WEB Past results, more information available at the following Web sites.
www.kylottery.com www.hoosierlottery.com www.illinoislottery.com www.ohiolottery.com www.tnlottery.gov

Sandwich arrest serves up a debate
By Jennifer Sinco Kelleher
Associated Press

CORRECTION
Seminary scholarships A story Thursday about Louisville Presbyterian Theological Seminary incorrectly said its full-scholarship program beginning in 2015 would be open only to full-time master's students. Part-time master’s students would receive scholarship aid and would be counted as a fraction of a student toward the seminary’s plan for a cap of 130 “full-time equivalent” students in master’s-level enrollment. We publish corrections in a timely fashion. If you feel an error has been made, please call (502) 582-4600; fax (502) 582-4610; or e-mail readerline@courierjournal.com.

HONOLULU — It happens daily in supermarket and convenience stores all over — digging into a bag of chips while waiting in line, sampling a couple of grapes in the produce section, opening a bottle of milk to appease a crying child. The highly-publicized story of a pregnant Honolulu mom who was arrested last week with her husband after she ate a sandwich in a Safeway store and forgot to pay, leading to the couple’s 2-yearold daughter being taken away by Child Welfare Services, sparked a national debate on the issue. It also raised the question: Is it OK to consume food and bever-

ages in the store before paying? The woman in Hawaii who ate the sandwich has no problem with it. “I didn’t know it was such a taboo thing,” said Nicole Leszczynski, 28, who was charged with fourth-degree theft, a petty misdemeanor, along with her husband, Marcin. The charges have since been dropped by Safeway. “Where I grew up in a small town it’s not seen as stealing for sure.” Others are not so sure. The story generated a robust debate on Facebook and Yahoo in comments following stories on the theft. Some argued that it’s wrong to eat what you haven’t paid for, and police did the proper thing in arresting them. Others said eating while shopping has be-

come a perfectly acceptable practice. Many denounced the arrest as a heavy-handed response. Eating before checking out has clearly become part of supermarket culture. From supermarkets to Costco handing out food samples in aisles, shoppers associate stores with being an acceptable place to munch, said Dana Alden, a marketing professor at the University of Hawaii’s business school and an expert in consumer psychology and branding. As for Leszczynski, the former Air Force staff sergeant who is 30 weeks pregnant was feeling faint and famished after a long walk to the Safeway near downtown Honolulu and decided to eat a chicken salad sandwich while shopping

and saved the wrapper to have it scanned at the register. But she and her husband forgot to pay for the sandwiches as they checked out. When confronted by security, they offered to pay, but Honolulu police were called and the couple were arrested and booked. Their daughter Zofia was taken away. Leszczynski said she was embarrassed and horrified. They posted $50 bail each and were reunited with their daughter after an 18-hour separation. Honolulu police said it was routine procedure to call Child Welfare Services if a child is present when both parents are arrested. Safeway called Leszczynski to apologize Tuesday. It also told police it wouldn’t press charges.

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