Missouri House votes a second time to ease state’s motorcycle helmet law

The state House has voted twice this session to relax Missouri’s law requiring that helmets be worn by motorcycle riders.

Representative Shane Roden offered an amendment to a Senate bill to ease Missouri's motorcycle helmet law.  (photo; Tim Bommel, Missouri House Communications)
Representative Shane Roden offered an amendment to a Senate bill to ease Missouri’s motorcycle helmet law. (photo; Tim Bommel, Missouri House Communications)

Members voted earlier this month to pass House Bill 576, and on Tuesday voted for an amendment to Senate Bill 8, both containing the same language.  They would allow riders 21 and older who have completed a motorcycle safety course or who have had their motorcycle license for at least two years to ride without a helmet if they have insurance.

Missouri legislators have for years debated easing the state’s helmet law.  While both measures received favorable votes, the issue stirs passion in both proponents and opponents, and both sides of the issue are bipartisan.

Rolla representative and doctor Keith Frederick (R) said he generally, “doesn’t want the government telling people what to do,” but riders without helmets could cost taxpayers a lot of money.

“Somebody has a bad accident and they have a head injury that incapacitates them for years, it’s … I think the gentleman from the White District in the past has pointed out the lifetime cost is average about $4.5-million,” said Frederick.

Kansas City Democrat Ingrid Burnett said she could not support the amendment after the death of a close family friend.

“He hated wearing a motorcycle helmet but he wore his helmet when he was in Missouri because Missouri had a helmet law, but when he was traveling back to Oakland and going through a state where there was no law, he had a serious accident and lost his life,” said Burnett.

The amendment to SB 8 was offered by Cedar Hill representative Shane Roden, who said he rides motorcycles himself.  He said he would wear a helmet most of the time even if the law is changed, but he wants the freedom to ride without it.

He argued that nearly half of fatal motorcycle accidents involved riders that had more than the legal limit of alcohol in their systems, “so if we want to talk about reducing fatalities maybe we need to start enforcing DWIs a little bit stronger, so I would say if you really want to make an effective reduction in deaths, maybe we need to go on the campaign about riding while intoxicated or buzzed driving.”

Representative Keith Frederick opposes proposals this year to relax Missouri's motorcycle helmet law.  (photo; Tim Bommel, Missouri House Communications)
Representative Keith Frederick opposes proposals offered again this year by fellow Republicans to relax Missouri’s motorcycle helmet law. (photo; Tim Bommel, Missouri House Communications)

St. Joseph Republican Delus Johnson said as a motorcycle rider, he feels he is “grouped in” by the state’s helmet law with those who ride while intoxicated or ride recklessly.

“Why am I being punished?” asked Johnson.  “Why am I grouped in with these drunks that are riding motorcycles that probably don’t have a motorcycle license, they don’t have motorcycle insurance.  If they’re not wearing a helmet and they get in a wreck they’re breaking the law anyway.  Why are we grouped in with those lawbreakers?”

Supporters also argue that allowing people to ride in Missouri without helmets would increase tourism.  They say many riders and groups deliberately avoid the state because of its helmet law.

HB 576, sponsored by High Ridge Republican John McCaherty, is awaiting a vote by a Senate committee.  SB 8 has been sent back to the Senate with several amendments that that chamber must consider.

House votes to block new state park creation until current parks’ maintenance is caught up

The state House has proposed that Missouri shouldn’t create any new parks until it catches up on taking care of the ones it has.

Representative Randy Pietzman (photo; Tim Bommel, Missouri House Communications)
Representative Randy Pietzman (photo; Tim Bommel, Missouri House Communications)

It’s sent House Bill 698, sponsored by Representative Randy Pietzman (R-Troy), to the Senate.  That would require that before any new parks are established and before any parks are expanded by more than 10-percent in acreage, the state’s current parks should be maintained, brought up-to-date, and have all maintenance work completed.

HB 698 would allow the Department of Natural Resources to accept the donation or gift of additional land, but no work could be done to it except to address public health, safety, or welfare concerns, until the other requirements of the bill are met.  It would also require the Department to report annually to the General Assembly on maintenance at state parks and historic sites.

Pietzman said the bill is about making the Department of Natural Resources more accountable and more communicative with Missouri residents.  He said the state has more than $200-million in state park maintenance backed up, but in recent years the Department has created and prepared new parks while letting others stay at various levels of disrepair.

La Monte Republican Dean Dohrman said the bill would go toward supporting one of the state’s top industries:  tourism.

“We want to bring people in here.  We don’t want to take them out to our showcases and they be dilapidated,” said Dohrman.  “We want nice, clean facilities.  We want to keep those facilities, I think, to a high mark.”

Washington Republican Paul Curtman said the bill represents the type of policy the state should be using on other issues as well.

“We should not be acquiring more property for our state parks if we don’t even have the ability to actually maintain the programs that we have right now,” said Curtman.  “I think if we go back home and we tell people we had an opportunity to rein in government spending and make sure we’re spending money only on things that we can actually manage, people would expect us to say that we voted for that rather than against it.”

The bill passed out of the House 85-62; only a few more votes than enough necessary for passage.  Many, including some of Pietzman’s fellow Republicans, said it goes too far.

High Ridge Republican John McCaherty said he supports seeking greater accountability, but said prohibiting new parks until all maintenance is caught up is unrealistic.

“That’s never going to happen.  It’s never going to be completed.  It wouldn’t be completed at your house.  It’s not going to be completed at my house.  There’s always going to be a building that needs repair, there’s always going to be electrical work that needs to be done, there’s always going to be some project somewhere within the state of Missouri that needs to be done,” said McCaherty.

McCaherty said the bill would tie the hands of the new administration of Governor Eric Greitens (R) in response to lawmakers’ perception of mismanagement that occurred under Greitens’ predecessor.

Representative David Wood (R-Versailles) is concerned the bill would interfere with a project to add 144-miles of the former Rock Island Railroad to the state’s trail system.  He said the bill’s prohibitions would not block the state from taking that property in an anticipated donation from Ameren, but it would prevent the state from putting fencing along it.

“If we can’t spend the money, the gates for the crossings, the signs for the crossings to keep people off of the trail, the way to keep the cattle and the sheep, the livestock in place will not be put in unless it’s done at the property owner’s expense,” said Wood.

He is also concerned that without supervision of the newly-donated land, people will trespass on it.

HB 698 has gone to the Senate with four weeks left in the legislative session.

Number 2 Corrections official faces committee investigating sexual harassment, retaliation in department

A top Department of Corrections official has told a House subcommittee poor training, bureaucracy, and the Department’s growth have contributed to problems with harassment and retaliation among Missouri prison employees.

Dave Dormire is the Director of Adult Institutions in the Missouri Department of Corrections.  After more than 40 years with the Department, he will retire April 1, amid allegations his department's culture was rife with sexual harassment and retaliation against those who complained.  (photo; Tim Bommel, Missouri House Communications)
Dave Dormire is the Director of Adult Institutions in the Missouri Department of Corrections. After more than 40 years with the Department, he will retire April 1, amid allegations his department’s culture was rife with sexual harassment and retaliation against those who complained. (photo; Tim Bommel, Missouri House Communications)

Dave Dormire is the Department’s Director of Adult Institutions and has been in the Department more than 40 years.  He has announced he will retire April 1.

He talked to the House Subcommittee on Corrections Workforce Environment and Conduct after it had heard testimony from several other department officials, employees, and former employees.

The subcommittee was formed after news articles shed light on cases in which Department employees alleged they’d been harassed and, in some cases, retaliated against.  Several of those cases have gone to court, and several of those resulted in settlements costing the state millions of dollars.

Since September, 2011, Dormire has been responsible for some staff appointments, overseeing the safety of staff and inmates, and for disciplinary decisions.

Dormire was asked why some of the people who had been involved in those incidents still work for the Department.  He told lawmakers some allegations go unsustained, and some efforts are made to correct employees rather than fire them after a first incident.

“I’ll blame the culture a little bit.  As you know, correction officer is a tough job,” Dormire said.  “We train them specifically to continue to watch and address behaviors.  Then they become supervisors, and that’s the behavior they’ve learned – to address behaviors.  They’re not well trained – I acknowledge that – not well trained on being a good supervisor.”

Representatives Bruce Franks, Junior (left), and John McCaherty (right) (photo, Tim Bommel, Missouri House Communications)
Representatives Bruce Franks, Junior (left), and John McCaherty (right) (photo, Tim Bommel, Missouri House Communications)

Dormire told subcommittee member John McCaherty (R-High Ridge) the Department has not tolerated its employees committing harassment or unprofessional behavior repeatedly.

“I know that’s your feeling, but we do tolerate it,” McCaherty responded.  “It’s going on in the Department, it’s going on now, and that’s why we have a committee because we’ve been tolerating it, so I know your hope is that we don’t tolerate it but as a department we do tolerate it.”

“I understand your opinion, sir.  Obviously when I have my records to show what we’ve done and how we’ve addressed things,” Dormire said.

“And we have court cases to show the other side of it,” said McCaherty.

Dormire said the Corrections Department has grown to eight times the size it was when he started there, to more than 32-thousand inmates and roughly 8,000 staff throughout the prison system.

“That’s created all kinds of bureaucracy and things like that, and management issues.  I’m not here to make excuses but other departments have not faced that type of growth,” said Dormire.

Subcommittee members told Dormire it has been reviewing reports of harassment and retaliation that date back as much as 20 years.

“It looked like our employees would’ve been better off behind bars,” said Chairman Jim Hansen (R-Frankford)“They would’ve been safer there than they would from some of their supervisors, and it’s disturbing.”

Committee members also asked Dormire about reports they’ve heard of nepotism in the Department’s hiring and promotion practices.  At an earlier hearing, they heard from a former employee that wardens often ignore the recommendations of panels assigned to recommend employees for promotion.  The system was described as one of “good ol’boys” hiring and promoting friends and relatives.

Dormire told lawmakers the Department used the state’s Merit system, created in state law to prevent favoritism, political influence, or arbitrary decisions in hiring and other employment decisions.

Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)
Representative Kathie Conway (photo; Tim Bommel, Missouri House Communications)

Representative Kathie Conway (R-St. Charles), who said she has heard of, “so much nepotism,” in the department, challenged Dormire on that claim.

“We have to use the Merit system,” said Dormire.

“You have to not sexually harass people, too, but that didn’t seem to be the case,” said Conway.

Committee members asked Dormire about allegations raised by recent articles by Pitch.com suggesting that he had been involved in retaliation against employees, and had been deceptive in his answers in some investigations.  Dormire denied those allegations.

Asked specifically whether he testified that disciplining two guards accused of harassing two nurses would have been “moot” because the nurses had quit, Dormire said, “I don’t remember making that statement in particular.  I don’t normally use that word.  It’s possible.  I don’t remember that.”

Committee members again indicated they are looking to those at or near the top of the Corrections Department’s hierarchy – wardens and administrative officials – as being largely at fault.

Hansen said of the cases of harassment he’s read about wardens seemed to be involved in some, and “totally incompetent,” in others.

“I think you’ve got good wardens,” Dormire told Hansen.  “Some of them need some help.”

“They need help?  We don’t have time.  This is costing the state taxpayers millions of dollars,” Hansen responded.  “We got people who are supposed to be head of the parade that are playing out of tune and out of step with the marching band.”

Representative Bruce Franks (D-St. Louis City) said he feels the committee still isn’t being told who it must talk to, to get to the nucleus of issues in the Department.

“We talked about the culture, we passed the buck today two or three times, we said we can blame the culture, we can blame the growth, we can blame all of these different things, except for blaming ourselves – the people who are actually in charge,” said Franks.  “We have a lot of people up top who aren’t held accountable and who aren’t holding those right up under them accountable, who make 90-thousand, 50-thousand, 100-thousand, 85-thousand, so maybe we need to take about seven or eight of these particular jobs out and distribute their salaries to those who are making nothing to do most of the work.”

Subcommittee on harassment in Corrections Department frustrated by Department’s structure, process

A House subcommittee appointed to investigate harassment and retaliation in the Department of Corrections thinks how the Department handles allegations is not clear, at best.

Representatives Paul Fitzwater (left) and Bruce Franks listen to testimony during a hearing by the Subcommittee on Corrections Workforce Environment and Conduct. (photo; Tim Bommel, Missouri House Communications)
Representatives Paul Fitzwater (left) and Bruce Franks listen to testimony during a hearing by the Subcommittee on Corrections Workforce Environment and Conduct. (photo; Tim Bommel, Missouri House Communications)

The Subcommittee on Corrections Workforce Environment and Conduct was formed in response to an article on Pitch.com that detailed incidents within the department that in some cases led to lawsuits, costing the state millions of dollars.

The subcommittee took testimony from the department’s Inspector General, Amy Roderick, and the Division of Human Services Director, Cari Collins.  Representatives asked questions about who handles harassment allegations and who makes decisions about any disciplinary actions that might be the result of those allegations.  They weren’t satisfied with what they heard, with members calling the Department’s administrative structure “confusing.”

“It appears to be a shell game to me in terms of where it goes, where it doesn’t go, who has a say in when it goes,” said subcommittee chairman Jim Hansen (R-Frankford).

Collins told the committee staff in her division deals with reports of harassment, and she was not aware of any complaints about how harassment had been handled.

“I don’t know of any examples where it wasn’t taken care of,” said Collins.  “Whenever anything is reported to us, we investigate it.  What is done with that investigation is not determined by human resources.”

She said decisions about discipline of most prison employees, including terminations, falls on the Director of the Division of Adult Institutions, Dave Dormire, who answers to the Department Director.

Collins told the committee changes have been made in the past five years in her division’s procedures and its number of staff members that conduct investigations.  She said some changes also followed meetings involving legal counsel, about the number of harassment complaints and resulting settlements.

“We increased the number of ways that an employee can report allegations, the number of people they can report it to, we also expanded the definition of what needed to be reported,” said Collins.  “We added unprofessional conduct because for a supervisor or even a CAO, we don’t want them trying to figure if something might be discrimination, harassment, or retaliation.  If it’s unprofessional we want them to send it up.  HR will look at it and make that determination … that’s one of the reasons the number of reports have increased, because we’ve expanded the definition of what needs to come to us.”

Representative Jim Hansen chairs the House Subcommittee on Corrections Workforce Environment and Conduct. (photo; Tim Bommel, Missouri House Communications)
Representative Jim Hansen chairs the House Subcommittee on Corrections Workforce Environment and Conduct. (photo; Tim Bommel, Missouri House Communications)

Roderick told the committee her office does not handle harassment, but would investigate anything with a criminal component to it such as assaults.  The committee asked her if she was familiar with an incident described in the Pitch.com article in which an employee who had complained about harassment was allegedly poisoned when she returned to work.  Roderick said she had read the article, but had no knowledge of the incident.

Roderick said it would have been up to the Chief Administrative Officer (CAO), more commonly called the warden, of an institution whether to notify her office of such an incident.

“So she could be poisoned on the grounds of the institution and there’s a warden out there that didn’t think that needed to go up the chain,” said Representative John McCaherty.

“It could happen,” Roderick told the committee.

The Department’s structure frustrated many of the lawmakers on the committee.

“We have an investigative body that’s technically not allowed to investigate everything,” said Representative Bruce Franks (D-St. Louis City), referring to the poisoning case not being referred for investigation by the warden at the institution where it took place.  “I don’t like to speculate but I’m pretty sure this isn’t the only case.  And so the checks and balances, they aren’t there.”

Franks expressed frustration at what the two Department officials explained about how allegations are handled, and passed among different parts of the Department’s organization.

“We bring two directors here, or two professionals here … but it really seems like it’s just passing the buck, or saying, ‘Oh well, we don’t do this.  This person does this,’ and I just want to get the person in here who we need to be talking to,” said Franks.  “It seems like we just need to cut a bunch of positions and provide more compensation for our correctional officers.”

“The objective of this board is to get to the bottom of it and help,” Franks added.  “At the end of the day we just want it to be better, especially for our employees.”

Hansen said one of the subcommittee’s goals is to learn about how the Department is structured.  After that hearing he expects one of the subcommittee’s recommendations will be that Corrections’ process of handling all types of complaints be streamlined.

The subcommittee is expected to hold its next hearing Thursday morning.