April 17, 2013

"We're diversified, we've got good results, we're progressing, we're emphasizing education again, we've got a ten year energy plan."  
-Governor Herbert

GOVERNOR HERBERT: Well, good day. Thank you for coming. And before we get started I'd like to make in my opening statement today a comment regarding the Boston tragedy. You're all familiar, and I know a lot of us are concerned about what's happened, and certainly our hearts and thoughts and prayers go out to the people of Boston, where we have three dead and over 170 injured. And I think, for most of us, it's just something that's hard to comprehend. I think we all recognize there's evil in the world, and despicable acts that take place.

I was touched, because, as some of you know, my daughter was running in the Boston Marathon. But I would like to reflect upon a couple of things. One, out of these tragedies we see the goodness of the people, the overwhelming majority of the good people out there. In my own daughter's case, volunteers came to her aid and rescue. Strangers helped carry her to where she needed to go because of her weakened condition from the race and being ill. Law enforcement stepped up, friends stepped up, and again, you see the goodness of the people in some of these despicable situations. And I think we want to emphasize the good over the bad.

Second, I think it tells us that we need to be vigilant. There is evil in the world, and despicable evil, that, for a variety of reasons, don't like our way of life, don't like our people, don't like our citizens, and want to make some kind of a statement by harming people. And it means that all of us have to kind of be vigilant and look for those signs so that we can protect and prevent those kinds of situations from happening. So it's kind of another wakeup call for us to do that.

Thirdly, I hope we all appreciate and are grateful we live in Utah. I'm not naive about this. We have every evil in Utah there is in any part of the country, around the world. We just don't have in the abundance. And it's a reflection on the people of Utah, the values that we have here, our good law enforcement efforts. But we need to, again, make sure that we maintain those things. Because we can minimize, I think, evil in the world, and the negative impact it has on us.

I know we have the upcoming Salt Lake City marathon, and I know in our own public safety, working with the sheriff and the police of Salt Lake City, there'll be heightened security, and everything that can be done is being done to make sure that we don't have some kind of an event that takes place here that ends in tragedy. So, again, our hearts go out to the people of Boston, but we thank them for their goodness, their resiliency, and we, in Utah, want to emulate that goodness and that resiliency, here.

KEN VERDOIA, KUED: Governor, let me follow up on that, because as people look at Boston, they had the largest number of local law enforcement ever dedicated to a Boston Marathon on the scene during this event. But it calls for the local and state governments to seek a balance. If you do too much prevention, you're creating a police state. If you do too little, you're leaving your populace vulnerable. How do you strike that balance?

GOVERNOR HERBERT: Well, I think it's always a work in progress to make sure we have the balance. The pendulum swings back and forth sometimes. Some of our laws are overly restrictive, and we don't trust the marketplace to do what the marketplace should do. There's always a tendency for government to over regulate, and over reach. We could have a lot safer streets if we had a police state, but we would do that at the sacrifice of our freedoms and our liberties. And so it's a constant quest to find that appropriate balance.

I think, again, a state has a role to play as kind of the overseer, but I rely upon those local government people, our cities and our counties, to really gauge and assess what needs to be done to make sure we have freedom and liberty, and yet we have enforcement of the laws and making sure that the criminal element is not wanted, and when we find you we'll lock you up and punish you.

BRIAN MULLAHY, KUTV: Do you have a sense, Governor, that people have become complacent, up to this event, or had become complacent up to this event? And if so, what can you and others in high public office be doing differently and better, to not create panic, but a state of readiness?

GOVERNOR HERBERT: Well, so, again, part of that balancing act. And I think, again, in a post 9/11 world, you know, I think we still have some sensitivity. You know, probably over time we get complacent. You know, it's probably just human nature. But there's enough turmoil in the world that we shouldn't be complacent. I mean there's people inside our borders and outside of our borders that really would like to create havoc, have an agenda to bring down the freedom and liberty that we stand for, and we represent here in America, and we need to be ever vigilant.

But we've had multiple wars throughout our history. I mean this is not a unique situation. It ebbs and flows with dictatorship and despots around the world that, for their own selfish reasons, want to control people and humanity. So again, I think it is just a recognition, again, of this terrorist attack we had in Boston that, you know, we still have evil people in the world, and that's been kind of the history of society for a long time.

MAX ROTH, FOX13: Governor, I wonder if you can take us through your Monday afternoon, when, you know, I mean you've got a busy schedule, a lot of work to do, and then all of the sudden you find out something's happened at a place where your daughter is. How did you find out? How long did it take to find out about your daughter and her well being?

GOVERNOR HERBERT: Well, I was tracking her progress as she ran the Boston Marathon. She's done it before, she's run a number of marathons, and this is I think her second time in Boston. But she was alone. She was with some friends that were running, but her family was not there. But I had the ability to track her electronically, so I knew what her pace was and where she was at in the race. I actually finished a meeting, and I was cheering her on, she did a good run for her, and I knew she'd finished. And as I was just saying, "Hey, she finished, she had a good time," I was told by my assistant that there's been a couple of explosions at the finish line, which was a little bit traumatic.

That being said, the good news was I knew she'd finished, and as we checked with the internet, we found out that she'd finished about 30 minutes before the explosion. So And then I just got a text from my son in law who said Kim's okay. So that little difficult time was short lived, and I was grateful that she had a good enough time, she got ahead of the explosion. But after that, as she went in the subway, and they evacuated the subway and had her go outside, she was disoriented, she didn't know where she was at, she was alone, and the chaos certainly happened shortly after that with sirens and people, you know, wondering what was going on, and she was unclear. That, coupled with her weakened condition and her sickness made it really difficult for her.

But good people came to her rescue, some strangers that found her and said, "Hey, are you okay?" They actually carried her. She had to walk five miles after the race to her hotel. And again, I thank the goodness of the people who saw somebody in need, and stepped up and helped a stranger. And that's what I'll remember about this.

We're grateful for Kim's success and safety. Our heart breaks for those who have been injured and have loss of life at this despicable event. But I'm optimistic that good things will come out of this as we see the goodness of the people, like cream rising to the top, come out of this event.

LISA RILEY ROCHE, DESERET NEWS: Governor, you've always been an optimistic person. But did this experience, and what you saw strangers do for your daughter, and having that personal connection to such a horrible tragedy, did that give you a new perspective on what something like this means to the people involved? One that those of us who aren't involved can never really experience?

GOVERNOR HERBERT: I think it reinforces my optimism. I believe in the human spirit. I think most people are very good, decent souls. You know, 99 percent. There's a few out there that, for a variety of reasons, are taking the wrong road, wrong path. But I believe in people, and I think America is a good and great country because we have good people here. And I believe Utah is a great state because we have good people that call Utah home. So I believe in the people. This reinforces my belief.

And again, I'm not naive, I know that there's evil out there, and we need to be vigilant about that, but boy, let's emphasize the positive and let's look at the good, and laud the good, and let's all try to be good, and make a difference in our own lives.

If anything I've learned from this is that, hey, I can help a stranger too. There's probably opportunities for me to help my neighbor, who's down and out, maybe having some problems. Doesn't have to be this kind of a dramatic event. It can be just somebody who's out of work, needs some food. Somebody helps maintain a widow's yard, and mow the lawn and weed the flowers. There's a lot of ways we can find service. And as we give service, we feel good about ourselves and we set an example for others to give service. So that's what I take away from this event.

DAN BAMMES, KUER: Governor, I was up at Willard Bay State Park last week looking at some of the damage from the pipeline spill there. And Chevron had complete control of the site. They limited access for news media, they limited access for everybody else. When you have a situation like this, where state government is involved, and state property, is it appropriate to turn over control of the site to the violator?

GOVERNOR HERBERT: Well, it's not absolute control with no oversight. Again, they've got to get certain outcomes. They've got to clean up the mess, and that's going to be reviewed, and we'll make the determination whether it's cleaned up or not, not the violator. We're going to hold Chevron's feet to the fire. They're the culprit, they're the ones that have to accept responsibility, and I believe are, by the way. But we're going to make sure that they do. And whatever the cost of that responsibility is, they're going to have to bear that cost.

So it's cleanup of the spill site, it's making sure that any kind of pollution in Willard Bay and water quality is, in fact, what it needs to be, and to the extent that it's not, they will have to bear that cost and that burden.

It's also the pipeline, which is, you know, built back in 1949, which is certainly an aging pipeline. We need to make sure that it's okay not only today but for tomorrow. There's going to be a review with them on that with our federal agencies, the Pipeline Hazardous Material Safety Administration a mouthful.

And we are looking to see what Utah's role to play is on that oversight. But make no mistake about it, the decision of whether it's fixed and completed and cleaned will be done by overseers, federal and state, not by Chevron. They will have to bear the burden of the cost. It's their problem and they need to own it.

ROBERT GEHRKE, SALT LAKE TRIBUNE: Last month you said that you wanted the state to play a more active role in the oversight. Have you explored that any more? Can you tell us anything about the direction you're heading?

GOVERNOR HERBERT: I've asked our legal team to review that, to take a look at the existing laws and see what we can do under existing statute. But also to look and see if statutes need to be changed and modified, not only on a state level, but on a federal level. So that there's, in fact, the necessary oversight to hold, in this particular case, Chevron's feet to the fire.

Again, it's not just Chevron, it's other extraction industries, and other people out there that have hazardous materials that they are transporting in whatever form or fashion that is. But we're going to take a review of those laws, and see if there needs to be some enhancement.

MAX ROTH, FOX13: Governor, what do you know about the economic hit that we might take from what's happening at Kennecott? Now, clearly, this is a company that knew in advance this was going to happen, cleared out equipment, let the press and people know. Still, it's such a massive landslide.

GOVERNOR HERBERT: Yes, it's not unusual that we have a slide, but the magnitude of the slide is what's overwhelming. I applaud Kennecott, they have technology, they've been able to, in fact, track this with their equipment, and to know that there's some seismic shifting that was taking place, even though it was minute amounts, just fractions of an inch. I did have a call from the Kennecott executive team to let me know that they expected this slide was going to occur in the next few days, which it did do. And the economic impact is probably still under evaluation. What we do know at the current time is that there's probably production reduced by about 50 percent.

The good news on this is, one, no harm to anybody's physical being. No loss of life or limb. Again, I think the fact that they were proactive on this is good. They've been open, they've been transparent about it. A minimal environmental impact, the dust plume which we were concerned about, and their reaction to that's been, I think, laudatory.

We will have some impact. I can't imagine not having some blip on our economic expansion because of the loss of productivity at Kennecott. Is anybody going to be laid off? I'm not certain about that. There's a lot of work to do. Most of it's going to be digging out in the short term, and then getting back, in the long term, to full production at Kennecott. I expect that to happen.

The good news for us is our economy in Utah is growing and expanding in a dramatic fashion. So the hope is that we can absorb some of this. If you're the one impacted, though, you're going to be impacted. And that's unfortunate. Our economy's growing at 4 percent rate right now today. Unemployment rate's down to 5.2 percent and dropping. We're creating jobs, now, at more than historic levels. So our future looks very bright. This is a little hiccup, but a hiccup, indeed.

BILLY HESTERMAN, DAILY HERALD: Governor, the Republican party's been talking about how to possibly reform the way candidates are selected to represent the party. I'm curious about what your thoughts are about Utah's election process, and if you think there are some maybe updates or upgrades that could be done right now to how parties pick their nominees.

GOVERNOR HERBERT: Well, I would say this. There's no perfect process. Every process has its pros and its cons, and probably some of its limitations. I personally like our convention/caucus/delegate system. It's obviously served me well. And again, I've been able to compete as somebody who probably doesn't have the resources that many candidates do have, and have had. I certainly have not been, had the fame and the notoriety that some candidates out there have, but I've been able to compete in this convention/caucus/delegate system. I support it and I'd like to see it continue.

It works best when people participate, and the more people that participate in the process, the better the outcome, the more it reflects the mainstream Utah philosophy. And I appreciate the fact that this last election cycle that we had double the turnout to our caucus nights. And that's what should happen. I hope that we double them again over the next two years. And if we do that, I think we will make sure that delegates elected and those who they choose in elected office represent mainstream Republican thought, mainstream Democrat thought, or whatever the party in question is that has the convention.

And I think that's the system. We are a republic, this is a grassroots effort, a republic approach, and I support it. And can it be improved? I give credit to our chairman, Thomas Wright, who says, "I think we can make some improvements, here, to maybe foster more involvement, more participation."

It may cause more primaries, but I support that, and I voted for raising the bar, even though that might not be in my own best interests. But for the good of the whole, and for the common good, maybe raising the bar of having a higher percentage that comes out of convention to get the nominee outright is something that I at least supported at our state central committee, here, last week.

ROBERT GEHRKE, SALT LAKE TRIBUNE: Governor, to keep the convention system intact is one avenue to get on the ballot, but then have this alternative avenue as the proponents of the count by vote initiative are suggesting, gathering signatures to get your name on the ballot for a primary, is that something you'd support if the caucus/convention system stays intact? Or does that undermine the caucus/convention system too much?

GOVERNOR HERBERT: Well, it can cut both ways. I think the negotiations, as I understand it and I'm not a part of that but as I've heard from our chairman, Thomas Wright, is that if we raise the bar that the initiative petition folks and their group would back off. They would think that would be enough to maintain larger participation and maintain, I guess, larger and more common results for the party in question. Not extremism. I don't know that it follows that way, by the way. I note in our convention that we've just had here a couple of years back, that the more moderate candidate was Tim Bridgewater, who won in convention, against now Senator Mike Lee, and yet Senator Mike Lee won in the primary. So I don't know that it is a cause and effect, as black and white as some would say it is.

The delegates are pretty smart people, and as they ascertain, you know, the pros and the cons of the candidates that they have to review, they've been pretty good at getting the right people elected. Are they perfect? Maybe not. Depends on your point of view. But is any system perfect? And going to just a general primary does lend itself, giving advantage to those who have fame and fortune, and able to, probably, effectively get elected more than a common person. So there's pros and cons with each system.

I like what we have in place now. And the proof is in the pudding. Look at the results. My heavens, as you look at Utah over the past generation, we've had good elected officials, not perfect, but good, that have given us great results. And I look at our own time today, we're leading the nation. Probably the best, most breadth and depth wise, economy in America. We're second only to North Dakota, but most of their economy is coming from energy. We're diversified, we've got good results, we're progressing, we're emphasizing education again, we've got a ten year energy plan. We've got tourism in travel that's as good as probably any place in the country right now, and getting better. I mean in every measurable category, Utah's doing good. So our election process has given us good leadership that's giving us good outcomes.

LISA RILEY ROCHE, DESERET NEWS: Governor, are you calling on Republicans at their state convention next month to go ahead and raise that limit so they can avoid that initiative petition? I believe 70 percent is the threshold they want, and I assume 70 percent is something you'd accept?

GOVERNOR HERBERT: I would. I voted for 70 percent. I voted for two thirds. And I'll accept 60, you know, which is what it currently is. I think there's an intellectual argument to say, if we want to make sure and ensure that we keep the delegate/caucus/convention system, that raise the bar to 70 percent. Otherwise we've got a fight on our hands.

BRIAN MULLAHY, KUTV: Governor, recognizing that criminal investigations are still continuing for the attorney general and also for the lieutenant governor, how confident are you in their exonerations?

GOVERNOR HERBERT: I am absolutely, 110 percent confident on the lieutenant governor. I can tell you that all of the issues I've seen about that, this is much ado about nothing. And the oversight responsibility we have as elected officials is real, and its constituents ought to have the confidence they can call and lodge complaints. The oversight that was done by the lieutenant governor was appropriate and proper.

I can't be as confident about the attorney general. I don't know all the details, there. I don't know whether there's an investigation going on or not. I guess my complaint is, my good grief, U.S. attorney's office and those involved in it, come to a decision. This cloud hanging over it is unacceptable. And I call upon the FBI and the U.S. attorney's office to complete this investigation, let us know where it's at, so we can go on about our business, whatever that needs to be. It's time. We've You know, I don't understand why the delay. I mean either charge or exonerate. But let's get it done.

BRIAN MULLAHY, KUTV: Have the federal authorities been dragging their feet, in your opinion?

GOVERNOR HERBERT: I don't know what they've been dragging. All I know is it's been a long time since the allegations came last November, and what it is now, we're getting past the, or the middle of April, and we still don't have any kind of result. This is just not acceptable. There's no reason why it should take that long.

ROBERT GEHRKE, SALT LAKE TRIBUNE: You haven't been briefed on the status of the case by the U.S. attorney?

GOVERNOR HERBERT: I have not. You know, I keep hearing rumors out there. I know that people have been interviewed, and that kind of circulates out in the ether. But to take four months and to not have some kind of decision, where this is impacting the attorney general's ability to move forward is unacceptable.

LISA RILEY ROCHE, DESERET NEWS: Have you expressed that opinion to anyone

GOVERNOR HERBERT: I am right now. You just heard me.

LISA RILEY ROCHE, DESERET NEWS: But not in private conversations with federal authorities?

GOVERNOR HERBERT: Well, I think they probably understand I'm a little bit perturbed, but I'm making it public today.

MAX ROTH, FOX13: Who do you know has been interviewed?

GOVERNOR HERBERT: I'm not going to say.

MAX ROTH, FOX13: Have you been interviewed?

GOVERNOR HERBERT: I have not.

KEN VERDOIA, KUED: Governor, you have turned a lot of attention to the water summit that you anticipate having coming up in the fall, if I'm correct. A lot of people, in fact another publication, or another study published this morning in a Salt Lake City morning newspaper indicates that the Colorado River is once again viewed as being arcanely managed, that it needs a whole new set of rules, expectations, new science to be brought to bear, on how we're going to allocate that water. Are we at the point now where we tear up that compact, start over, and if we do that, is that better done among the states, or is that better done in congress?

GOVERNOR HERBERT: Well, with the dysfunctionality of congress, I guess I would be a lot concerned about them taking this and trying to resolve any differences of opinion and concerns. It certainly ought to be amongst the states, I believe. I think they understand their own back yard better, and can probably come up with something that would be a proverbial win win, and acceptable to all parties.

That being stated, I'm not calling for the opening of the Colorado Compact. It was put together in 1922, I think they did the best they could. It's not perfect. It has some of its own problems. And so probably in hindsight we'd have done things differently from Utah perspective. And I expect other states would have the same concern. There is over appropriation. We've negotiated a lot of those out, some of the appropriations with our native American friends, for example, the Navajo. But there are issues out there that we ought to take a look at, but I'm very reluctant to open up the compact. My concern is that Utah will lose water rights in the river if we, in fact, do that.

ROBERT GEHRKE, SALT LAKE TRIBUNE: There are 96 cases that have been dismissed in West Valley City, drug cases, investigations, and so forth. Should the state have taken a more active role in investigating those, or should the state now step in and investigate that department?

GOVERNOR HERBERT: You know, I'm not certain what the state's role is there. I'm a local government guy. I believe local government should, you know, have that responsibility. I am concerned, though, because I think everybody agrees, Republican, Democrat, Independent, that the number one focus and role of government is public safety, protecting us from the bad guys, making sure that we have people adhere to the rule of law. And when we have this kind of a situation, where cases are now being thrown out, that the law's not going to be able to be enforced and maybe criminals go free, is really a disappointment.

KEN VERDOIA, KUED: Governor, we are out of our allotted time. I'm sorry to jump in but I do have to indicate that a transcript of this, and every Governor's Monthly News Conference is available on line at KUED.org, and you can also watch past editions of the Governor's Monthly News Conference at that location. Until next time, thanks for joining us in the studios at KUED, I'm Ken Verdoia, good evening.

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