Editorial: Let's Not Reward The Irresponsible

Taxpayers should not have to pay  for the mistakes of other people

Charleston Daily Mail, October 25, 2005

TWO recent settlements by state officials show how far off the trolley tracks West Virginia 's legal system has taken state government. Taxpayers keep being taken to the cleaners.

The first example is the case of Joe Jankowski. He was suspended from his job as executive director of the Consolidated Public Retirement Board in February, after an investigation began into a no-bid contract he awarded a Colorado investment company.

The state had a contract with Wachovia Securities. Jankowski ignored that and gave the business to GWFS Equities, a subsidiary of Great-West Life and Annuity Co. of Greenwood, Colo. Considering the size of the state's portfolio, this was no small deal. The state paid $185,000 to get Wachovia Securities to drop its lawsuit.

Jankowski was suspended -- with pay. He has collected $76,000 in pay from the state over the past eight months. He now lives in Columbus , Ohio . Now the state is offering Jankowski $100,000 to leave.

Huh? If the state was at fault for dropping this contract, then the executive director should be fired, not rewarded with an eight-month paid vacation and a $100,000 bonus.

On top of that, Jankowski wants a letter from the retirement board saying his actions were not "detrimental" to the state.

Rubbish. His actions seem to have cost the state $185,000. If anything, he should have been suspended without pay.

Then there is the state's payment of $850,000 to the family of a 5-day-old baby who froze to death at home last December. The child's mother is mentally disabled and the heat had been turned off. The child's uncle filed a lawsuit contending that state welfare workers should have known the house was not heated.

But where was the uncle? Where was the family that sued? Surely, the relatives knew of the mother's condition and should have intervened.

And the family is to get $850,000 because the state dropped the ball?

For lawyers, West Virginia is not almost heaven. It is the real thing. In both of these cases, the state is rewarding an irresponsible party for irresponsible actions. Why?