Questions about federal tax-exempt status and the inappropriate use of personal connections have been swirling around two Kentucky men of late: State Treasurer Jonathan Miller and blogger Mark Nickolas of The Bluegrass Report. While some may choose to misconstrue the intent of the people who have raised these questions, the fact remains that the questions raised ARE indeed quite serious.
The Bluegrass Report blog operates from funds donated to an organization called The Foundation for Kentucky's Future, Inc. -- I would provide a link to the foundation's website if it had an online presence; currently, there is nothing online except a PayPal link for donations. The Foundation for Kentucky’s Future, Inc. claims a tax-exempt 501(c)4 status; however, that claim has been found (via conversations with IRS representatives) to be false. The foundation is not a federally-recognized tax-exempt entity nor are donations to it considered valid “business expenses” by the IRS.
Federal and state laws hold people personally accountable for their actions and that is likely to be the case here in the long run. That, in my opinion, is the end of the tax question with regard to Nickolas and the foundation.
The more disturbing of the questions, in my opinion, affects all Kentuckians: Is State Treasurer Jonathan Miller violating the trust of the people and/or sections of the Kentucky Constitution by quietly supporting a political blog which he envisioned and created? If money is being funneled to the foundation in question, is it coming from Miller's personal checkbook or from the state's checkbook?
It’s hard to answer this one because, in a free society such as ours, citizens are free to support (financially, in word, and in deed) any lawful organization they like. However, it seems highly unethical for a state official to quietly support a political blog that he “created” to shape public policy and opinion. With no admission to his part in crafting the blog, Miller's outspoken support for the blog and the subsequent legal ruckus seems a bit underhanded if not entirely unethical. If he's hired the foundation/blog as a lobbying firm, why not simply say so?
Worse yet is the fact that Miller chose to grandstand alongside State Representative Kathy Stein claiming “censorship” because the blog he crafted is banned from use by state employees during working hours. Nickolas, who was recruited by Miller to write the blog, filed a lawsuit claiming his right to free speech had been infringed by the ban. Where, in this ruckus, did we hear Miller own up to being the creative mind behind the blog? When did his connection to it become public? It was not until Nickolas himself, in a seemingly frank moment of writing for his blog, admitted that he had been recruited by Miller. We never heard one word from Miller about this connection. That, in my opinion, smacks of hypocrisy if not an outright conflict of interest.
Thanks to the omission of this personal connection from the public accounts of the events surrounding the blog and the foundation, Miller has prompted others to question his professional ethics and personal integrity. Does Miller personally fund a political blog and/or foundation whose purposes are to influence public policy and state workers? Is this a violation of sections 150 and 151 of the Kentucky Constitution?
As a taxpayer and citizen of this great commonwealth I would like some level of comfort about all this; I need to know that our State Treasurer is trustworthy and is practicing the highest standard of ethics while in office. I don’t get any level of comfort from the things I’m learning at this point.
Obviously, I'm a Conservative so my questions might seem like Democrat-bashing; however, to be fair, I wouldn't put my trust in any Conservative official who had these unanswered questions on the table either. Witness my attitude about Governor Fletcher.
I encourage both Miller and Nickolas to waste no time in answering these questions for all Kentuckians. At this point, I certainly wouldn't buy a used car from either of them much less put any faith in their integrity or ethics.
(My thanks to multiple intelligent and persistent sources for the very detailed information provided.)
The Bluegrass Report blog operates from funds donated to an organization called The Foundation for Kentucky's Future, Inc. -- I would provide a link to the foundation's website if it had an online presence; currently, there is nothing online except a PayPal link for donations. The Foundation for Kentucky’s Future, Inc. claims a tax-exempt 501(c)4 status; however, that claim has been found (via conversations with IRS representatives) to be false. The foundation is not a federally-recognized tax-exempt entity nor are donations to it considered valid “business expenses” by the IRS.
Federal and state laws hold people personally accountable for their actions and that is likely to be the case here in the long run. That, in my opinion, is the end of the tax question with regard to Nickolas and the foundation.
The more disturbing of the questions, in my opinion, affects all Kentuckians: Is State Treasurer Jonathan Miller violating the trust of the people and/or sections of the Kentucky Constitution by quietly supporting a political blog which he envisioned and created? If money is being funneled to the foundation in question, is it coming from Miller's personal checkbook or from the state's checkbook?
It’s hard to answer this one because, in a free society such as ours, citizens are free to support (financially, in word, and in deed) any lawful organization they like. However, it seems highly unethical for a state official to quietly support a political blog that he “created” to shape public policy and opinion. With no admission to his part in crafting the blog, Miller's outspoken support for the blog and the subsequent legal ruckus seems a bit underhanded if not entirely unethical. If he's hired the foundation/blog as a lobbying firm, why not simply say so?
Worse yet is the fact that Miller chose to grandstand alongside State Representative Kathy Stein claiming “censorship” because the blog he crafted is banned from use by state employees during working hours. Nickolas, who was recruited by Miller to write the blog, filed a lawsuit claiming his right to free speech had been infringed by the ban. Where, in this ruckus, did we hear Miller own up to being the creative mind behind the blog? When did his connection to it become public? It was not until Nickolas himself, in a seemingly frank moment of writing for his blog, admitted that he had been recruited by Miller. We never heard one word from Miller about this connection. That, in my opinion, smacks of hypocrisy if not an outright conflict of interest.
Thanks to the omission of this personal connection from the public accounts of the events surrounding the blog and the foundation, Miller has prompted others to question his professional ethics and personal integrity. Does Miller personally fund a political blog and/or foundation whose purposes are to influence public policy and state workers? Is this a violation of sections 150 and 151 of the Kentucky Constitution?
As a taxpayer and citizen of this great commonwealth I would like some level of comfort about all this; I need to know that our State Treasurer is trustworthy and is practicing the highest standard of ethics while in office. I don’t get any level of comfort from the things I’m learning at this point.
Obviously, I'm a Conservative so my questions might seem like Democrat-bashing; however, to be fair, I wouldn't put my trust in any Conservative official who had these unanswered questions on the table either. Witness my attitude about Governor Fletcher.
I encourage both Miller and Nickolas to waste no time in answering these questions for all Kentuckians. At this point, I certainly wouldn't buy a used car from either of them much less put any faith in their integrity or ethics.
(My thanks to multiple intelligent and persistent sources for the very detailed information provided.)
Comments
Person guilty of fraud, intimidation, bribery, or corrupt practice to be deprived of office by suitable statutory means.
The General Assembly shall provide suitable means for depriving of office any person who, to procure his nomination or election, has, in his canvass or election,
been guilty of any unlawful use of money, or other thing of value,
or has been guilty of fraud, intimidation, bribery,
or any other corrupt practice,
and he shall be held responsible for acts done by others with his authority,
or ratified by him.
Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.
Disqualification from office for using money or property to secure or influence election -- Corporation not to use money or other thing of value to influence election -- Exclusion from office for conviction of felony or high misdemeanor -- Laws to regulate elections.
Every person shall be disqualified from holding any office of trust or profit for the term for which he shall have been elected who shall be convicted of having given, or consented to the giving, offer or promise of any money or other thing of value, to procure his election, or to influence the vote of any voter at such election;
and if any corporation shall, directly or indirectly, offer, promise or give, or shall authorize, directly or indirectly, any person to offer, promise or give any money or any thing of value to influence the result of any election in this State, or the vote of any voter authorized to vote therein, or who shall afterward reimburse or compensate, in any manner whatever, any person who shall have offered, promised or given any money or other thing of value to influence the result of any election or the vote of any such voter, such corporation, if organized under the laws of this Commonwealth, shall, on conviction thereof, forfeit its charter and all rights, privileges and immunities thereunder;
and if chartered by another State and doing business in this State, whether by license, or upon mere sufferance, such corporation, upon conviction of either of the offenses aforesaid, shall forfeit all right to carry on any business in this State;
and it shall be the duty of the General Assembly to provide for the enforcement of the provisions of this section. All persons shall be excluded from office who have been, or shall hereafter be, convicted of a felony, or of such high misdemeanor as may be prescribed by law, but such disability may be removed by pardon of the Governor.
The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper practices.
Not only would I NOT by a new or used car from either man...
I would not trust a single word, without doing research, that is written on the blog created by Miller and managed by Nickolas.
I wonder were Al Cross fits in?
1. NICKOLAS RESPONSE TO MOTION - page 6
"A MAJOR PURPOSE of Plaintiff's website is to INFLUENCE STATE POLICY, and a critical part of his audience is therefore state government employees."
2. NICKOLAS RESPONSE TO MOTION - page 8.
"It is an obvious inference from these allegations that at least some individual state employees -- the MOST IMPORTANT TARGET audience for Plaintiff's website -- no longer read the site because they LACK THE TIME or ability to read it from home."
3. NICKOLAS RESPONSE TO MOTION - page 9
"The state has cut off the most convenient method for Plaintiff to reach his audience of state employees, who make up a CORE PART OF HIS READERSHIP"
4. NICKOLAS RESPONSE TO MOTION - page 9
"Because the state has chosen to burden the ability of Plaintiff's KEY AUDIENCE to read his site."
January 10, 2007 4:50 PM
1. MAJOR PURPOSE of the blog is to INFLUENCE state policy - page 6
(Nickolas left that out of the Articles of Incorporation.)
thus from inference:
In Nickolas Response to Motion - repeatedly describes state (taxpaid) employees as:
1. MOST IMPORTANT TARGET AUDIENCE - page 8 (key word, MOST IMPORTANT)
2. key audience - page 9
3. state employees - core part of readership - page 9
The admitted "major purpose" of the blog is to :influence state policy" and the "target audience" of the blog that Treasurer Jonathan Miller created is 30,000 state employees.
Hence we CAN infer that Jonathan Miller's objective with the blog was a means to "manipulate" voters and "influence elections" by saturating the state employees with ONLY MILLER'S views at the expense of the taxpayer.
Therefore, if Miller donated PERSONAL donations for the success of the blog, could Miller and possibly Kathy Stein be in violation corruption by trying to influence and election ... and therefore, violation of Constitution Sections 151 & 150?
Would that make the support and drafting of the legislative bill another example of Miller's & Stein's violation of Ky. Constitution Sections 151 & 150?
ie., corruption and influencing legislation for the TREASURER'S BLOG.
When did Treasurer Miller, now candidate for governor, know who the "target" audience would be?
When did Treasurer Miller decide it was good for state employees to blog on the blog he created on taxpayer time?
Would that be "corruption" if Miller knew all of these things in Spring 2005 when he wined & dined Nickolas?
Would it be "corruption" if he donated his PERSONAL income to a blog he created whose "major purpose" is to "influence state policy" to 30,000 state workers who were the "target" audience?
Targe audience?
That phrase bugs me.
should be
target audience?
That phrase bugs me.
Those are the words of Mark Nickolas' lawyers. All quotes above are from his lawyers legal document filed with the court.
Thank you.
I am very saddened by my party. I am not beholden to anyone at this point as candidate from my party. My feelings are my own and from my heart with no agenda for any candidate.
I am so very sad and depressed at my elected leaders who claim to be democrat. I almost feel like crying.
As you know, many a working man has fought hard for the labor movement and fought hard to convince the GOP side of aisle that taxes help the needy.
Here, we have a corporation set up by a democrat with false non-profit tax-exempt claim to the secretary of state.
Meaning, Nickolas pays NO sales tax in Ky and no FICA, Federal income taxes nor State or local income taxes.
Who will pay for our schools?
our roads?
our Planned Parenthood?
our children's hospitals
our police
our firemen
our EMS
--- the list goes on.
My side of aisle continues to sway the GOP side that all of the above and more is necessary and hence we NEED TO PAY TAXES.
Is Miller corrupt? Maybe
Is Miller a hypocrite? ON MANY LEVELS
Mr. Miller if you or someone from your camp is reading this, the below post is for you.
I have no idea if you are in fact guilty of corruption, trying to politically manipulate elections for yourself and/or other candidates, win an election or even if you are guilty of supporting the passage of legislation with the sole purpose of manipulating the target audience, 30,000 state workers.
However, while I don't know the answers to those questions. I wish for you to be investigated by the Kentucky Attorney General, the United States Attorney General, the IRS and the Kentucky legislative body and the FEC.
I am personally going to draft my request for all of the above offices to begin a thorough investigation surrounding your involvement with creating a blog whose "major purpose" is to "influence state policy" to a "target" audience of 30,000 state employees. I intend to supply the above agencies with the evidence that you know exists on Pol Watcher's, BGR, Kentucky Secretary of State office, the state Treasurer's website.
I urge ALL taxpayers to follow my lead and file a request for an investigation into the possible corruption by Kentucky State Treasurer Jonathan Miller and State Representative Kathy Stein.
All complaints can be filed with all of the offices above anonymously except the FEC.
Read about at the Pike County Injustice Files
By the way, where is the mainstream media on this story?? Aren't they the self-styled watchdogs of the people?
Great question! It isn't like the story isn't on Pol Watcher's which is managed by the Herald Leader.
You might be right, I don't know. I just don't know if a donation by Treasure Miller to the blog he created would be considered a "campaign" contribution????
I am going to write anyway. If nothing happens I think I will cry right along with Lady & friends.
Schools could be much more efficient with less government intrusion.
our roads?
I say open roads to private companies to maintain and build paid for via tolls.
our Planned Parenthood?
None of the State's (or States') business.
our children's hospitals
Philanthropy can do wonders. The government squanders a good percentage of tax dollars allocated to said organizations with red tape.
our police
our firemen
Both could be taken care of at the local government level, with a little assistance from the state.
our EMS There are thousands of profitable Ambulance companies across the nation. Most of which outpay and out perform their public counterparts.
The trick is to not do away with taxes, but single out those things which do not need to be funded by the state.
/ threadjack.
(sorry Dawn.)
Good points you make. But until we do away with "what" the tax dollars are used for ...
it is incredulous and revolting that OUR democratic Kentucky State Treasurer is into a Corporation (up to his neck) that has given false information to a government agency as means to NOT PAY A PENNY IN TAXES.
Not to mention that the same democratic Treasurer WANTS to pass legislation making it law that the TAXPAYER pay for the Treasurer's "target audience" - 30,000 state employees - to chat on the blog HE created to "influence state policy." Hmmm.... what words describe that? GOVERNMENT (Miller) BRAINWASHING?
I think the memo from Miller would read more like:
To All taxpayers,
Kathy Stein is a personal friend of mine and I appreciate that she is also trying to help me reach the planned "target" audience, 30,000 state employee, so I can "influence state policy" through the non-profit blog I helped Mark Nickolas start. (Never mind that false information has been provided to the Sec. of State). It is the right of every citizen to free speech. The blog I created is my free speech via Mark Nickolas telling my "target" audience false rumors about candidates of whom won't help me when I become Governor. I thank Kathy Stein for providing the dialogue to facilitate that legislation so I can get my "target" audience back and I can continue to "influence" all 30,000 of my "key" audience with the propaganda Nickolas spits out.