A Great Public Servant

May 9, 2008 by rogerdecanio

I have had the pleasure of representing many wonderful people and business as an attorney.  However, one of the most satisfying cases I have worked on was representing the incumbent Mayor of the town of East Bank, Charles Blair, in an election contest. 

 

Being Mayor has at times been a thankless and even personally grueling job.  Nevertheless, this Mayor does it out of the love for his town.  Mayor Blair is a great public servant and I look up to him as an example of what a public servant should be.  He won re-election on June 5, 2007 by a vote of 211 to 208 and his challenger filed an election challenge.  I represented Mayor Blair and below is a story from the Charleston Gazette about the outcome. 

 

   

  

 

May 8, 2008
East Bank election lawsuit decided

A Kanawha County judge ruled Wednesday that the East Bank Town Council overstepped its authority when it ordered a new election in last year’s highly contested mayoral election.

In her written opinion, Judge Jennifer Bailey Walker concluded that municipal law allows the council to declare the winner, but does not grant the six-member panel the power to order a run-off election.

The June 5 election between longtime incumbent Chuck Blair and Councilman Gene Webb ended up deadlocked, with 206 votes for each candidate. Eight provisional ballots were used to break the tie, with the final tally 211-208 in Blair’s favor.

Webb challenged the validity of the provisional ballots after the envelopes used to store them could not be found. Without the envelopes, Webb maintained, it was impossible to verify that eligible East Bank voters properly cast the votes.

The matter went to trial on Sept. 4, with council members sitting as the jury. The trial lasted until 4:30 a.m., when council members voted unanimously to hold another election.

Walker concluded that the missing envelopes constitute a technical error, but not fraud.

“The only failure in the mayoral election was the improper maintenance of the empty provisional envelopes,” the order states.

Walker’s ruling apparently leaves Blair as mayor, ending an 11-month period where the holder of the town’s top office remained in question. However, Webb’s lawyer, Jeff Woods, said that his client intends to appeals Walker’s decision to the state Supreme Court.

Woods pointed to evidence that surfaced during the trial that the provisional ballot of one resident, Harold Pack, was valid but not counted.

“If [election officials] made a mistake in declaring that that one ballot had not been counted, then he was disenfranchised,” Woods said. “How can you say they were right about the other eight [provisional ballots] when it’s obvious they were wrong – using the same standard – about Mr. Pack’s?”

The disenfranchisement of even one voter should invalidate the entire election, Woods said.

“It definitely weakens and undermines the integrity of the election process, which includes Mr. Webb’s right to have a meaningful election,” he said.

Blair’s attorney, Roger Decanio, said that Walker correctly concluded that one vote would not have changed the outcome of the election.

“Although it is highly regrettable that his vote wasn’t counted initially, even if it was counted today it wouldn’t change the result of the election,” he said.

Blair is happy with the judge’s decision, and is ready to move on and focus on leading the town, he said.

“We are both extremely pleased, pleased that the election of June 5 will not be disregarded or that any voter will be disenfranchised,” he said.

Blair hopes to mend some fences, including with Webb, he said.

“This challenge, on both sides, does not reflect poorly on either of the two individuals,” he said. “They both care about their community, they both care about their neighbors. But now it’s time to move on.”

To contact staff writer Andrew Clevenger, use e-mail or call 348-1723.

 

 

We need to make denial of insurance claims for pre-existing conditions a thing of the past in West Virginia!

May 5, 2008 by rogerdecanio

 

 

I got a call from a man who had seven thousand ($7,000.00) dollars in medical bills he was responsible for because his insurance company declined to cover his wife’s operation as a pre-existing condition.  He had to re-finance his home to pay off the medical bills. 

 

He had just upgraded his health insurance policy to one that provides more coverage.  He did not change insurance companies, he just switched policies within the company.  On the last day of coverage of his old policy, an ultrasound was performed on his wife and the doctors discovered a cyst on his wife’s ovary that had to be removed.  Seven days into his new policy, the cyst was removed.  Thankfully, it was not cancer.

 

The insurance company denied the claim as a pre-existing condition.  Their reasoning for denying this claim was because the diagnostic test occurred on the last day of the old policy.   Consequently, the insurance company claims this was now a pre-existing condition.  How absurd!  How much longer do we allow the insurance industry to continue to do this to us? 

 

When I am in the legislature, I will introduce legislation to make denials of pre-existing conditions like this improper!   Why should we cause people to go into debt to just pay off medical bills like this when they supposedly had health insurance?  They relied upon this coverage and instead, they were just left to fend for themselves.  This is outrageous and everyone should demand that this practice become a thing of the past!  

 

Roger A. Decanio

www.rogerdecanio.com

My Goals for Education in West Virginia

February 11, 2008 by rogerdecanio

 1.                  Teacher’s minimum wage: 

Before the last 3.5% pay raise for teachers, West Virginia ranked a dismal 47th  nation wide in teacher pay. Despite that, we are now ranked 48th. What is even more egregious is after the West Virginia State Senate passed a 3.5% pay raise, rejecting teachers requested 6% increase; the Senate voted themselves a 5% increase in their own salaries. That was disingenuous and wrong.  In West Virginia, over sixty percent of our teachers are of retirement age. If teachers become more dissatisfied in their income gap between them and the national average, then more of them will retire or move to other states. West Virginia will have a teacher shortage crisis. To keep good teachers and attract new teachers into our state, I propose a minimum wage for teachers. This minimum wage should be set at the national average for teacher salary as stated in Department of Education statistics. This will be updated every few years. This will assure West Virginia Teachers are paid the national average and keep us out of the bottom of the pay scale among states. I have been an advocate of this proposal and it is stated in my web page at www.rogerdecanio.com 

 2.                  Increase general funding in education:

 

Within the past 14 years, West Virginia decreased its education spending from 57% to 49%. Had we stayed at 57% we would have had an additional $543 million dollars in additional public education spending. We must rectify this now.  I propose a mass investment in our educational system by filling this educational funding gap as much as our budget permits.  We should look to an assessment on natural resources extraction industries and earmarking it to education is a methodology to support education.  Incorporated into this suggestion is the establishment of a lower student-teacher ratio that maximizes the interaction.  This will no doubt require retaining more teachers and educators. This added revenue and investment would permit accomplishing this goal and the others I have suggested below.

  3.             Return physical education back to all schools as a major part of the curriculum. 

A renewed emphasis in physical education will promote wellness and reduce the tide of childhood obesity and diabetes.  Other states, such as Massachusetts have proposed requiring a minimum of 150 to 200 minutes a week depending on the age.  New York and Illinois, have established minimum time or frequency standards for physical education. Those two are the only states that have such standards for all grades, but about 18 states have minimum time or frequency standards at some grade levels, according to the National Conference of State Legislatures.  I propose a minimum of 150 to 200 minutes a week in physical education and invest in more qualified health and physical education teachers and provide the equipment necessary to return this curriculum back to our schools.

4.             Equip the schools with high-speed internet

Access to broadband or high speed internet should be required in every school throughout the state.  Each school should be provided with quality hardware and software necessary to take advantage of this teaching tool. See below for an example.  Every school throughout our state should have access to this tool to augment out teachers’ resources in education.

5.             Making a renewed emphasis in teaching high-level math/science

Taking challenging courses and mastering high-level mathematics and science are the gateway to success in college, careers and citizenship. Similarly, for West Virginia business and industry, a well-trained workforce with knowledge and skills in these subjects is the key to competitiveness in the global economy and the road to economic growth and prosperity.  Thomas Friedman said in his recent book entitled The World is Flat, “[M]ath and science are the keys to innovation and power in today’s world.”  Greater encouragement and investment in this field of study should start at an early age and must be followed up through high school.  One idea is developing even a more challenging concentrated learning opportunities in science and mathematics at the junior high and high school levels by partnering with universities.  We should also use technology such as the internet to connect rural schools in West Virginia to universities.  Access to such concentrated coursework should be equally available to all schools. Finally, I would propose a commission to follow the progress and suggest new ideas to develop this curriculum.   

6. The Promise Scholarship

 

I propose to strengthen the Promise Scholarship program that Governor Wise had enacted.  As a former Congressional Aide to Bob Wise I am proud that this was one of his most successful accomplishments as Governor.  I would very much like the opportunity to further promote technical colleges as a participant to the program in addition to universities. The only stipulation to obtaining such benefits from taxpayers is that these young students agree to live and work in West Virginia or participate in a service program.  One method that these college graduates could meet their service obligation is by serving as volunteers in public schools and tutoring students who need more attention and help and assisting our teachers, and all the while, these Promise Scholars will be learning in the process and giving back to their community. 

7.  Music and Art

 It is also important to keep music and art in our schools. It has been demonstrated a child’s intelligence is increased with music instruction.  Children with music training had significantly better verbal memory than those without such training, and the longer the training, the better the verbal memory. A 2004 Stanford University study showed that mastering a musical instrument improves the way the human brain processes parts of spoken language.[1]  Consequently, we should also focus our efforts to improve music and art in our public school system. 

I value the input and guidance of those professionals who dedicate their lives to teaching and when elected to the House of Delegates, I would look to teachers to listen and learn from them so I can better represent their interests and their needs.

Roger A. Decanio

2/11/08 

Wonderful things are happening in West Virginia

January 17, 2008 by rogerdecanio
January 17, 2008 by Roger A. Decanio
Investment in technology is the key to formulating a new economy in West Virginia.
It was recently reported in the Gazette on January 5, 2008, wary employers clamped down on hiring and pushed the national unemployment rate to a two-year high of 5 percent in December, an ominous sign that the economy may slide into recession.
It is vital that the West Virginia Legislature operate pro-actively to deal with the economic realities of the moment. Only aggressive action will assure West Virginians the chance to remain prosperous. 
There are untapped opportunities in West Virginia with the potential to create a wave of economic ripples we could all be excited about.  The question is : do we have the political will?  It is essential to the continued growth and economic success of West Virginia that we invest a greater share of our precious development dollars to assist industry, non-profit and university research programs in creating technologically advanced intellectual property and start-up companies that manufacture products and employ people right here in West Virginia. This private public partnership will spark investment in our area and job growth with the potential to convert the chemical valley to the next Silicon Valley east of the Mississippi.
I recently attended a conference at the legislature held by Industries of the Future - West Virginia (IOF-WV), which is a partnership program that works with energy-intensive industries to increase energy efficiency, reduce waste and increase productivity. While at the conference, and since then, I spoke to Kieth Pauley, President and CEO of South Charleston’s MATRIC and David Ball, project manager for a company called Battelle.  Mr. Ball oversees the Midwestern Regional Carbon Sequestration Partnership funded by the Department of Energy covering 8 states.  Based on the conversations with them, and what I have learned at the conference,  I am very excited about what we are doing in the Kanawha Valley and in West Virginia in general.   Here are a few examples of the kind of economic development that can come about from high technological research. Herculean efforts are currently underway at AEPs Mountaineer Plant in New Haven, West Virginia to inject the CO2 captured from the plant back into the ground through a process called sequestration.  Through their research, a company called Battelle is trying to stabilize and increase US reliance on coal as an energy source by neutralizing CO2 emissions.  This type of research is essential to freeing the US from the bonds of foreign oil.  According to David A. Ball, more than a gigatonne per year (3,000 Empire State Buildings worth) of CO2 is being released into to our atmosphere globally.  If we can capture and inject some of the CO2 emissions from coal burning energy plants back into the ground we could develop coal into a clean – carbon neutral energy source.  It is both an economic and moral imperative that we invest in this research to achieve this goal. We should be proud that West Virginia is at the forefront of this endeavor.
Right now, in West Virginia, advanced software is being developed for NASA’s next generation space ships and helping design the moon colony.  Even more impressive, researchers at the West Virginia University Institute of Technology in Montgomery have developed a relatively inexpensive method for removing mercury from the coal sludge ponds that dot the landscape of West Virginia and other mining areas across the country. It is a biochemical reaction where bacteria are regenerated to eat mercury.  The university has two patents pending on the process and initial results show the process to be highly effective.
Not many know that West Virginia is the 2nd most forested state in the U.S. As a result, a huge amount of  wood chips are produced as waste which could potentially be converted to fuel.  We should develop and fund research to make this natural byproduct of the forest industry into fuel.  It is an abundant renewable natural resource we have in West Virginia and developing energy diversification processes such as this translate into good paying jobs for the people of West Virginia and a break for our environment as an alternative to fossil fuels. 
All of the above are areas with the potential to spark economic development and create jobs in West Virginia.  West Virginians are creative and resourceful people with the ability to develope new ideas and make things happen. We need to continue to invest in our future and get excited about what West Virginia has to offer the country.  Coal is not the only “natural resource” West Virginia has to offer; her citizens are by far her greatest asset. 
The Governor has set programs into motion such as his Bucks for Jobs program and other promising economic development programs.  Our Governor is right on track.  But we can do more.  While our neighbor States are investing $350 million dollars in similar economic development programs, we are investing $50 million in the Bucks for Jobs program.  This should only be a down payment for future investment in West Virginia.  We must further work to reduce the business franchise tax, especially for start up companies that want to grow in West Virginia.   
If we are to avert the economic impact of any possible national recession, we must invest in this type of economic development now to secure economic returns for the long run.  We need to establish a High Technology Economic Development Bank that will take calculated risks with seed money to invest in start up companies to kick start development and provide more high paying jobs.  There are wonderful things happening in West Virginia.  Investment in technology is the key to formulating a new economy in West Virginia.
Roger A. Decanio
www.rogerdecanio.com 
 

SMALL BUSINESS DESERVES HELP

January 7, 2008 by rogerdecanio
December 30, 2007
Roger Decanio

  • Small business deserves help

     

    Will the U.S. Chamber of Commerce fight for West Virginia small business? Based on their past behavior, don’t count on it!Eagle Research Corp. is a local Putnam County industrial flow computer manufacturer that was recently involved with a long legal battle with Emerson Electric and its Texas-based subsidiary Daniel Measurement Services.Both parties were members of the U.S. Chamber of Commerce, and both paid their dues to the organization. However, during this case, the U.S. Chamber took sides.

    The case involved two contracts. In one, DMS promised to purchase 3,000 flow computers from Eagle. In the other, DMS promised to keep safe Eagle’s technology, even from DMS’s parent company, Emerson. Emerson builds a rival computer.Eagle sued DMS for breach of both contracts, saying DMS took Eagle secrets and gave them to Emerson in violation of the confidentiality agreement.

    Last year in Putnam County Circuit Court, Emerson argued that they were entitled to look at Eagle’s technology despite the contrary language of the confidentiality agreement!There can be no free pass for large corporations that feel they can take what they want with impunity.

    Eagle prevailed with a verdict against Daniel Measurement for $14.5 million.DMS appealed to the West Virginia Supreme Court and U.S. Supreme Court.

    During the appeal, I received a call from a law firm located in Washington D.C. representing the U.S. Chamber of Commerce stating that they intended to file a friend-of-the-court brief on behalf of DMS.

    The U.S. Chamber chose sides. Guess which side they chose.

    Eagle is a small West Virginia company. It earned $6 million in revenue in 2006 and employs dozens of people. Eagle makes computers for industrial use, mainly in the gas industry. This high-tech company is a great example of West Virginia ingenuity and high-tech sophistication. Eagle has been a member of the U.S. Chamber of Commerce for many years.

    Emerson, with its subsidiaries and divisions, is a multibillion-dollar company with political connections.

    The U.S. Chamber of Commerce chose Emerson over Eagle. They chose to insert themselves into a contractual and legal dispute between two of its members, a conflict of interest.

    The U.S. Chamber chose sides without even considering the evidence presented and testimony of whistle-blowers who testified about stolen technology. The U.S. Chamber ignored the compelling testimony from engineering professor Roy Nutter of West Virginia University, who said that Emerson’s new computers copied the Eagle system architecture.

    In response, James Butch, President of Eagle, instructed Eagle’s accounting department to stop payment of their annual dues. Eagle also asked to have their name removed from the U.S. Chamber’s members list immediately. Butch also contacted the local Putnam County Chamber, and they were not pleased. In fact, the local Putnam County Chamber no longer pays dues to the U.S. Chamber because this is not the first time the national chamber has taken sides over local small businesses.

    Every small West Virginia business should think about this when the U.S. Chamber rep comes knocking at your door asking for financial and political support. Ask yourself, when they fight against tort reform, will they fight for your right to seek the protections of the court system? Be sure to ask them, will they be there for you? Will they choose sides if you have a dispute with a bigger, wealthier member? Based on this experience, every small business in West Virginia and across the United States should be very concerned.

    Thankfully, the jury system and the West Virginia judiciary saved the day.

    Recently, the American Tort Reform Foundation cited this case as one of its justifications for identifying West Virginia as a judicial “hell hole.” The American Tort Reform Association joined with the U.S. Chamber in filing an amicus brief at the U.S. Supreme Court in support of DMS. They notably failed to mention in their brief and in their “Judicial Hell Hole Report” that this case was won in part because former corporate officers of DMS testified against them and helped expose the improper technology transfer in violation of the confidentiality agreement. The jury found DMS breached their promise to Eagle to safeguard its technology.

    If the U.S. Chamber of Commerce wants small business members, it must support them, not fight against them. All small business in our area should know what the U.S. Chamber of Commerce has done.

    Incidentally, the U.S. Supreme Court recently denied DMS’s petition for appeal. Eagle prevailed again despite the pressure of big business against the little guy.

     Charleston Gazette Op-Ed

    Decanio, a lawyer with the Sutter Law Firm in Charleston, was the attorney for the Eagle Research Corp. and is a candidate for the House of Delegates in Kanawha’s 30th District.

  • State economy is better than you think

    December 14, 2007 by rogerdecanio

    By ROGER DECANIO

    CHARLESTON — This entry is regarding Forbes magazine’s recent report this summer of West Virginia’s business climate, which was ranked 50th, there is evidence to the contrary. There are several studies that indicate West Virginia has a better climate than Forbes claims.

    According to the 2005 Miliken Institute Cost of Doing Business Index, West Virginia was the 10th least expensive state in the country for doing business. We are 13 percent below the national average.

    According to the U.S. Small Business Administration, the number of small businesses in West Virginia increased from 118,700 in 2003 to 123,300 in 2005 (see link here). Moreover, more than 11,000 new jobs were created in West Virginia between December 2004 and 2005. We have seen evidence of growth through the expansion of the Toyota plant, the construction of the new Hino Motors truck plant in Wood County. Lockheed Martin opened the Biometric Experimentation and Advanced Concepts (BEACON) center in White Hall at West Virginia University, to serve as a collaborative center for the corporation, its customers, academia and other industry partners to develop integrated biometrics solutions. This does not sound like news from the last among states in business climate. We are better than that. In fact, we are “almost heaven.” We have beautiful mountains to hike, bike and ski. We have the best white water rafting and rock climbing anywhere right at our doorstep. This is a great place to do business. We also have the best workforce because West Virginians have a great work ethic.

    The Forbes study does, however, underscore what we, as a state, need to do together in educating our workforce for the new technological demands of our economy. We need to invest more on tuition assistance in return for a promise to stay in West Virginia. This will entice more students to take advantage of higher education in colleges and community colleges. Let’s strengthen the Promise Scholarship Program that Gov. Bob Wise started by making higher education more affordable or even free. We can offer every student with certain GPA tuition in areas that will develop future economic growth such as science, computer sciences, medicine, mathematics, engineering, education and other areas of our economy that we will need for the 21st century. We also need to shore up our teacher salaries to retain and attract more teachers. This plan is a gateway to the future.

    This push for a more educated workforce can spark economic development. The high-paying jobs of tomorrow are in high technology and biotechnology and that’s where we ought to be focusing a greater share of our precious development dollars. With WVU and Marshall University expanding in the Kanawha Valley, we should invest in university research and development programs to develop high technology and intellectual property, and partner with the private sector to help develop start-up companies. This private-public partnership will spark investment in the high-tech area and job growth. We need better ways to develop coal-burning technologies. We need to develop new hi-tech products that we can manufacture in West Virginia. The Silicon Valley got its start this way. Other states such as Michigan are also implementing a similar plan. Initiatives like Lockheed’s biometrics laboratory is what we need more of in West Virginia. This combined approach of a strong push for education expansion and business recruitment is what West Virginia needs to attract more business and improve our competitiveness.

    Yes, we can do better, and we have worked hard to do so, but West Virginia is getting treatment that is unwarranted and unsupported. Truth is, our state does not get the positive credit that it is due.

    Decanio is a Charleston lawyer and a Democratic candidate for the House of Delegates in Kanawha County’s 30th District.

    How can we attract the high paying jobs of tomorrow?

    December 6, 2007 by rogerdecanio

      By Roger A. Decanio
    According to a recent Gazette story, Dow Chemical’s plan to lay off 150 researchers threatens to drain millions of dollars and hundreds more jobs from the state economy.

    These higher paying jobs are what we need to attract in West Virginia, not lose. How do we stem the flow? Here is what I propose.

    The high paying jobs of tomorrow are in high technology and biotechnology and that’s where we ought to be focusing a greater share of our precious development dollars.

    With WVU and Marshall University expanding in the Kanawha Valley, we should invest in university research and development programs to develop high-technology, intellectual property and partner with the private sector to help develop start-up companies. This private-public partnership will spark investment in the high-tech area and job growth.

    We need better ways to develop coal-burning technologies. We need to develop new high-tech products that we can manufacture in West Virginia. The Silicon Valley got its start this way. Other states such as Michigan are also implementing a similar plan.

    West Virginia has the lowest per capita production of college graduates among the states. We can, we must, do better. We need to invest more in tuition assistance in return for a promise to stay in West Virginia.

    Let’s strengthen the Promise Scholarship Program by making higher education more affordable or even free. We can offer tuition to every student with a certain GPA in areas that will develop future economic growth such as science, computer sciences, medicine, mathematics, engineering and education. We also need to shore up our teacher salaries to retain and attract more teachers.

    In return, students need to do a year of service in West Virginia or promise to stay and work in West Virginia.

    Marshall University has taken the lead on product research and development. It has made a commitment to the economic development of the region. Marshall established the Technology Transfer Office. Its primary focus is to make the unique products and services generated by their faculty, staff and students available to the public for commercialization.

    We need WVU and other in-state institutions to do the same.

    We also should not forget the growing retirement of our skilled work force. I propose we develop an apprentice program and work with our technical and community colleges like Ben Franklin to help further increase our skilled work force.

    There is work to do. Let’s find a way to keep moving forward.

    Decanio, a Charleston lawyer, is a Democratic candidate for the House of Delegates in Kanawha’s 30th District.

    Cherish your citizenship!

    December 2, 2007 by rogerdecanio

    By Roger A. Decanio

    www.rogerdecanio.com

     

     Lately, we have seen in the news the brave Pakistani lawyers protesting the sacking of their Supreme Court and the marshal law placed upon them. We have also seen protesters shot in Caracas, Venezuela when protesting against their president’s attempt at a power grab to become its next dictator.

    I appreciate the fact that I am a naturalized citizen of the United States. Yes, I am an immigrant, and proud of it. I am just as proud of this aspect of my life as I was of my experience as a staff assistant with Congressman Bob Wise, and as an attorney.

    My parents and I came to the United States in 1975 when I was five years old. I was born in Caracas Venezuela. My paternal grandfather, Rogelio Decanio, was a pediatrician in Bolivar City along the banks of the Orinoco. My Maternal grandfather, General Roosevelt Adrianza, was an officer in the Venezuelan Air Force. I owe a lot to them but I can thank my grandmother, Francis Adrianza, for me continuing to live in this country and ultimately, becoming an American citizen.

    My father is a medical doctor and specializes in pathology. In 1977 and 1978 when he was practicing at the University of Pittsburgh Medical Center, he received a call from the hospital administrator. My father’s work visa was about to expire. We could only stay in the United States if he had an American family member sponsor us.

    Thankfully, my grandmother, Francis, was born in New York. Her father purchased a newspaper in Puerto Rico, so they left New York when she was a small child. She later settled in Venezuela and maried my grandfather. She was our only hope of staying in America. There was one problem. The last dictator in Venezuela caused her to loose her American citizenship.

    Gen. Marcos Perez Jimenez, was Venezuela’s last military dictator. Gen. Perez Jimenez ruled Venezuela from 1952 to 1958 when he was ousted by a bloodless coup. On Jan. 23, 1958, a popular uprising backed by the military forced Gen. Perez Jimenez and his family to flee to the Dominican Republic and then to the United States. My grandfather, Roosevelt Adrianza, was part of that coup. Millions of Venezuelans were in the streets celebrating and welcomed back democracy.

    My grandfather would be turning in his grave if he saw all his sacrifices he made to bring democracy to Venezuela be swept away by the re-emergence of a new dictator, Hugo Chavez.

    Before the 1958 coup, President Jimenez ordered a referendum on his continued rule. He ordered all the Venezuelan military and their family to vote for him.

    My grandmother did not want to vote and she protested. She told Venezuelan officials that she was an American citizen and could not vote in their election. She was told that if she did not vote, her husband would be imprisoned. She was forced to vote and lost her American citizenship despite her objections.

    When her daughter’s (my mother) family was about to be deported from the United States, she again petitioned that her American citizenship be restored. This time, she was successful.

    I still remember her telling me the story. The American consoler apologized profusely for the loss of her citizenship and it was restored. She was able to then petition for my mother’s green card. I will never forget that time.

    We had to go to Canada to apply for re-entry into the United States while my grandmother’s citizenship status was resolved. It was so cold that the Niagara Falls froze solid. We had to stay in a small hotel in Niagara, Canada, while the immigration paperwork was completed.

    Were we illegal aliens? I doubt it. Even if we were, we managed to legally return and later obtain our green cards. In 1988, we became American citizens.

    Since then, our family has made contributions to the United States. Both my father and brother are doctors. I have worked in government with Bob Wise here in West Virginia and I am now an attorney and my sister is a stay-at-home mother of two children. She lives with her husband in North Carolina.

    My uncle, Roosevelt Adrianza Jr., would later move to the United States and join the U.S. Marines. He was at the Pentagon when it was hit on Sept. 11, 2001. He would later see combat and fight in Afghanistan and Iraq.

    On behalf of my grandmother, I would like to thank the man at the American Embassy who helped my grandmother get her U.S. citizenship back. She cannot remember his name, but for our family, he was like an angel sent from heaven. We all thank him. My grandmother now lives in Miami with my aunt.

    I still have family in Venezuela. Everyone is mindful of what they say in public. The government has imprisoned political opponents, closed down opposition televisions stations and its president is poised to be yet another South American dictator.

    He has been cavorting with Fidel Castro and leaders from Iran. It is simply a nightmare. Living in Venezuela, though beautiful as that small country is, is like living on another planet. Your rights can be taken away at the government’s whim. Tens of thousands of university students have taken to the streets and emerged as the oil-rich country’s leading voices of dissent. Protests and violence have become the norm in most of Venezuela’s major cities.

    I was pleased to learn that 9 million of its 16 million people went to the polls in Venezuela and defeated Hugo Chavez and his proposed changes. It was a great victory for democracy.

    I am reminded that voter turnout over all American elections averages markedly less than half of eligible voters. Much more than a right — in a democracy voting is an irrevocable civic duty. We vote more for “American Idol” that in our own elections! Could we ever imagine our rights discarded?

    Perhaps we should think about this!

    The Bush administration, has been violating our constitutional by violating the FIZA law and our rights to privacy by listening to our telephone conversations without a warrant!

    Benjamin Franklin once said once “[t]hey who would give up an essential liberty for temporary security, deserve neither liberty or security.”

    If we do not become more participants in our democracy, our rights could be further threatened! We need to cherish our citizenship!

    Whatever comes about my candidacy for the House of Delegates, I earnestly hope that our own appreciation for our ideals and our democracy is not taken for granted. We must participate. We must vote. We have to take a stand.

    That is, in part, why I run.

    I am proud to be an American and a West Virginian. I hope I can serve my country in public office and help bring in new solutions for a new century. I want to work to help West Virginia take advantage of its potential.

    Decanio is a Charleston attorney.

    We have work to do!

    November 17, 2007 by rogerdecanio

    Why do I support the Employee Free Choice Act.?  A good friend of mine works for a trucking company.  He is a hard workingman who supports his wife and two children and lives in the Kanawha valley.  His employers told him and his co-workers that if the thought of organizing would ever come up – they would shut down the business.  This is why we need to enact the Employee Free Choice Act. We need our unions to protect us now more than ever.

     

                We have seen tragic examples of companies cutting safety corners, working their employees too much – too fast at the expense of safety.  We see that in the mines, and even in our hospitals with medical staff overworked under-staffed and with little fair pay. 

    We also see the consequence of choosing the cheap shortsighted solution of going over-seas.  The quality of our foods, toys, and other products are in serious doubt. 

     

    Nations are great, not because of what they are against, but what they are for.  We are a nation that values the basic human liberty to organize.  We are a nation that values fair and equal treatment of our workers.  We are a nation that that must maintain our status as the world’s best and most productive workforce in the world.  To maintain that we should strengthens penalties for companies that illegally coerce or intimidate their employees in an effort to prevent them from forming a union.  We need this bill and I support it.  This is also on my web page, www.rogerdecanio.com.

     

    Why do I support the Worker Freedom Bill?   The Bill of Rights protects us from government intrusions upon our basic human rights.  The Worker Freedom Bill does the same, but against intrusions from our employers.  Many employers have forced employees to participate in and listen to the employers’ beliefs on unionization, politics or religion.  This bill will prohibit employers from forcing their employees to participate in religious prayer breakfasts for example. This bill will give an employee the freedom to practice his or her faith without undue pressure. What this bill will do is give the employees a choice to opt out of meetings that have nothing to do with the operation of the business, practice one’s faith, politics, and other non-work related issues without pressures from their employer. This bill provides the freedom from fear – the fear of intimidation or reprisal. I have highlighted this issue on my webpage.  www.rogerdecanio.com.

    Why do I support public employees right to bargain collectively?   West Virginia is one of just 10 states in the country that does not give any of its public employees the authority to collectively bargain with their employer. About 17 percent of all employed people in West Virginia worked for state and local government in 1990 (WV Bureau of Employment Programs 1991). We can no longer allow such a great portion of our workforce to be without a voice and bargain collectively.  The freedom to form unions and bargain collectively is a fundamental human right.  We have seen the way the Bush administration has deprived the Department of Homeland Security collective bargaining and a voice to 160,000 Federal workers.  When this Administration created the Transportation Security Administration (TSA), they explicitly denied airport screeners and others any opportunity to organize and bargain collectively.  We must help such large segments of our state and national workforce to have a voice.  This is an issue of basic fairness and human rights. 

    Roger A. Decanio, November 17, 2007. 

    Who am I and why am I running for public office…

    November 14, 2007 by rogerdecanio

    Roger A. Decanio for House, 30th District

    805 Daverton Rd.

    Charleston WV 25303

    343-1514

    www.rogerdecanio.com

    I want to take the opportunity to listen and learn from everyone on the campaign at every opportunity.  I have had prior experience in government and West Virginia politics as a Congressional staff assistant to Bob Wise from 1992-1996.  I also have a Masters in Public Administration from Marshall and I am an attorney who fights for West Virginians.  I have the experience to hit the ground running.  I will do my very best to be your advocate in the House.  Below are some of the issues I believe are vital to West Virginia’s future growth. 

    The Economy:

                The high paying jobs of tomorrow are in high technology and biotechnology and that is where we should be focusing a greater share of our precious development dollars. WVU and Marshall are expanding in the Kanawha Valley.  I would like to greater assist the universities research and development programs to develop high-technology, intellectual property and partner with the private sector to help develop start-up companies in our state.  This private – public partnership will spark investment in the area and job growth.   The Silicon Valley got its start in this way.  Michigan is also implementing a similar plan.  Lockheed is investing in West Virginia to make a biometrics laboratory.  This is what West Virginia needs to attract more of to improve our competitiveness. West Virginia also needs to foster and grow a new generation of skilled workers to replace the retiring generation of workers. We should partner with our unions like the AFL-CIO, educators, technical colleges, universities and industry in developing an apprentice program for the 21st century.   We also need a work environment where workers are given the freedom to organize and to be free to work from undue pressure. This is a human right I support and demand.  That is what I support the Employee Free Choice Act and the Worker Freedom Bill.  West Virginia’s economy will grow if government, labor and the private sector all work together in a symbiotic relationship to give us an opportunity to grow. 

    Education:

    I propose to strengthen the Promise Scholarship program that Governor Wise helped enact by making technical college and university education free to as many West Virginia students that we can. It should be our goal that every student with a certain GPA be offered tuition in areas that will develop future economic growth such as science, computer sciences, medicine, mathematics, engineering, education, high skilled labor areas our economy will need for the 21st century.  The only stipulation is that these young students agree to live and work in West Virginia. Moreover, 5,500 teachers will be eligible for retirement this spring.  Consequently, we need compensate our teacher’s salaries consistent with the national average to retain and attract more teachers. 

    Health Care:

                         Since Bush took office, the number of Americans without health insurance has climbed to 45 million.  I propose enacting a Health Care Bill of Rights to make it a right to be able to choose your doctor regardless of the coverage and stop discriminating for pre-existing conditions. I would also like to emulate what is now underway in Massachusetts and Michigan.  I would establish a system where employers who currently offer no health insurance plan, or individuals and small business can pay into a fund that is matched by the state.  That fund is then used to purchase health insurance.  This will ensure universal coverage in West Virginia. 

     Other Important Goals: 

                We need creative new solutions to develop a hi-tech infrastructure ensuring everyone has access to quality broadband and wireless access around the state, and embrace new technologies.  Cities like Philadelphia and Corpus Christi, TX, are investing in their own city-wide wireless networks.  West Virginia should pursue similar efforts. West Virginia should be ground zero for freeing us from foreign oil dependency by developing clean solutions of coal liquefaction and sequestration.  We further need to have the foresight to designate some of our revenues into some sort of economic development bank to attract new business, new families, and a new hope for tomorrow.  We have work to do.  I do not have all the answers, but together, we can work for a better and brighter future.