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By Robert Burns (Special to LouisianaVoice)

When Hurricane Gustav struck south Louisiana on Sept. 1, 2008, almost three years to the day after Katrina, it set in motion a series of events that would ultimately:

  • upset the Livingston Parish political structure;
  • leave the parish facing a bill for more than $40 million in cleanup costs;
  • see a call for but never a follow up on an investigation into the formation of a fictitious corporation (at a fictitious address headed by a fictitious person) which somehow managed to be the only bidder on a lucrative contract;
  • result in the arrest of another contractor who was also serving as an FBI informant to help root out fraud, and
  • leave residents more than six years later still wondering who are the good guys and who are the bad guys.

First, some background.

The massive cleanup that followed Gustav required fast action and, regrettably, such fast action oftentimes opens the door for governmental abuse. The Federal Emergency Management Agency (FEMA) declared that to be the case in Livingston Parish’s cleanup, and the agency denied an astounding $59 million in clean-up costs.

Crucial to FEMA’s decision was Corey delaHoussaye, a contractor hired by Livingston Parish to assist with U.S. Army Corps of Engineers permitting issues nearly a year after the storm struck.  DelaHoussaye, coincidentally, also served as an FBI informant during the cleanup.  Livingston Parish District Attorney Scott Perrilloux, along with the State Office of Inspector General (OIG), have accused  delaHoussaye of submitting his own fraudulent invoices for hours they assert he did not perform work as part of his $2.3 million billings.  DelaHoussaye attorney, John McClindon, contends that the OIG got a search warrant for delaHoussaye’s residence on July 17, 2013 but delayed executing it and arresting delaHoussaye for eight days so it would coincide with a council meeting to approve delaHoussaye’s final $379,000 in invoices.  DelaHoussaye wasn’t paid, and he sued the parish for nonpayment.

Meanwhile, Perrilloux sought an indictment against delaHoussaye, but he came up one vote short in an 8-2 vote of the grand jury in December of 2013.  Undeterred, Perrilloux proceeded with a bill of information containing 81 counts, including 73 of filing false public records, but last Friday Perrilloux dropped 19 of those 73 counts.

On Monday, 21st Judicial District Judge Brenda Ricks ruled that insufficient evidence exists to proceed with a trial—a major victor for delaHoussaye.  Perrilloux presented only one witness during Monday’s hearing: OIG investigator Jessica Webb, who testified that, during times delaHoussaye charged the parish for hours worked, he sometimes was at an anti-aging clinic, at Greystone Country Club playing golf, or at Anytime Fitness working out.

McClindon, calling the OIG’s investigation “half baked,” said the OIG’s office seized his client’s computers and “looked at what they wanted to look at,” ignoring emails and failing to talk with anyone.

Similarly, at the trial of Murphy Painter, former director of the State Office Alcohol and Tobacco Control (ATC), former OIG investigator Shane Evans testified that he merely “wrote down” what ATC employee Brant Thompson said to him regarding Painter’s being “manic depressive, out of control, and selectively enforcing alcohol statutes,” and admitted the OIG did zilch to corroborate Thompson’s assertions even though it was Thompson’s initial characterization that reportedly prompted Gov. Bobby’s firing of Painter. (Subsequent details later revealed Painter’s firing was steeped in the time-honored tradition of Louisiana politics as usual.) http://louisianavoice.com/2013/02/06/emerging-claims-lawsuits-could-transform-murphy-painter-from-predator-to-all-too-familiar-victim-of-jindal-reprisals/

A company called Comprehensive Business Solutions, with an address on Coursey Boulevard in Baton Rouge, was created by someone named Patterson Phelps of Mandeville in March of 2010, according to corporate records filed with the Secretary of State’s office.

That date was just prior to the Livingston Parish Council’s issuing invitations to bid on a lucrative contract for cleanup.

The only problem is there is no such business at the address given and in fact, never was, and no one has been able to ascertain who Patterson Phelps is, other than speculation that it was an alias for a member of the parish council who was attempting to obtain the contract for himself.

A spokesperson for the Secretary of State said the corporate papers were filed electronically with payment made by credit card and that no records exist that would reveal who was actually responsible for creating the shell company.

The parish council did indicate it would instruct Perrilloux to conduct an investigation into the identity of the mystery person, but no results of any investigation, if it was ever conducted, have been made public.

Perrilloux, apparently fuming over Ricks’ ruling, said after the hearing that he would proceed with trial anyway and added, “Just because they wear a black robe doesn’t mean they know everything.” Legally, Perrilloux cannot proceed with a trial unless Ricks’ ruling is overturned by the First Circuit Court of Appeal or the Louisiana Supreme Court. He later said he would appeal the decision.

Brian Fairburn was Livingston Parish’s Emergency Manager and Coordinator for Homeland Security at the time Gustav struck.  His job was to hire monitors who would oversee operations to ensure FEMA reimbursement eligibility.

Fairburn testified that Mike Grimmer, then-Livingston Parish President, indicated to him that he had grave concerns regarding some of the itemized charges on the FEMA project worksheet and likely would not sign off on it.  When asked why, Fairburn indicated Grimmer told him, ‘“The costs are too high and we have permitting issues.’ (He) specifically told me we were taking kickbacks, that we were just out there creating work for these contractors to do.”  When asked whom Grimmer asserted was taking kickbacks, Fairburn responded, “Jimmy McCoy (Councilman from District 2), and he included me as being in on it also.” Fairburn added that Grimmer, “tried to ruin McCoy,” and that he “wanted to show that there was trouble, corruption, and crime in the parish.”  Fairburn also testified that he was terminated soon after the Gustav project but added that when Layton Ricks defeated Grimmer for parish president, he was rehired.

Brian Fairburn testified that during a meeting on November 26, 2008, Eddie Aydell of Alvin Fairburn and Associates (no relation to Brian) expressed serious reservations about proper permitting with the Army Corps and that Aydell was “scared” the Corps would assert that permits should have been issued before work was begun.

It was at that juncture that delaHoussaye was hired to assist with permitting issues.  Brian Fairburn said that McCoy said that the parish “would not” be obtaining any Corps permits and that Grimmer “shut the project down,” after which the Corps issued a cease and desist order on drainage projects.

FEMA’s attorneys were not happy with state and parish attorneys’ attempts to turn the hearing into a trial of delaHoussaye, and they strongly objected to 20 exhibits and depositions, including photographs of delaHoussaye and his son, which they said were unrelated to the hearing.  FEMA attorney Linda Litke said, “delaHoussaye was hired a year after the disaster in 2009 to basically go through the documentation and clean up the mess……  The parish attempted to criminally indict him…..They have now attempted to proceed with criminal action against him without an indictment.  It is reprehensible that they would bring this documentation in this case……DelaHoussaye is a confirmed FBI informant.  He was a whistleblower, and that is why the parish has gone after him.”

Perhaps the most riveting testimony was that of former Parish President Mike Grimmer, who testified that McCoy signed a contract addendum even though Grimmer was the only one with authority to do so.  He said he was “unaware the contract addendum was even out there.”  He indicated the addendum greatly increased the prices, including an increase in the per linear foot price.

Grimmer stated that he got calls from irate homeowners regarding crews, “trespassing on their properties….. and the trees had been taken with no permission.”  Grimmer also testified he obtained invoices for payment on work performed at local schools and North Park which had already been paid by other local agencies.  He referenced Legislative Auditor Daryl Purpera’s report which he testified that he’d requested.  He said it reinforced his concerns about documentation problems for cleanup operations. Grimmer’s response took “no exception” to the report.

That report also cited a contractor for hiring direct family members of Council members McCoy and Don Wheat which the report said may have violated ethics laws, so the matter was referred to the Louisiana Ethics Board.  Wheat, Councilman from District 6, responded angrily to the report and stated that Gov. Jindal’s GOHSEP’s Office had indicated the FEMA report was “fundamentally flawed” and on appeal and that Purpera, “continued with the same flaws and I urge you to correct your mistakes.”

Grimmer expressed shock when he attended an Office of Emergency Preparedness (OEP) meeting in May of 2009 and a $42 million tab for wet debris removal was “dropped in my lap.”  Grimmer asked for a breakdown and, on June 9, 2009, he got one and an indication that the final tab was estimated at $92 million.  He refused to sign off on the $42 million and verbally instructed all work to cease, and the Army Corps followed up with a written cease and desist order shutting down all drainage work.

FEMA attorneys then provided the panel with a handout of a power point presentation created by Grimmer entitled, “The Truth about the Debris Cleanup.”  Slides were presented depicting:

  • an oak tree removal for $8,415;
  • two other single-tree removals for $6,570 and $4,600, and
  • a pile of limbs for $2,805.

Grimmer said those types of vastly inflated costs prompted his decision to shut down the entire project.

Grimmer, over the objections of state and parish attorneys, last May told a three member arbitration panel that he alone would have been accountable to Purpera if he’d approved the project worksheet and that contractors, monitors, councilmen, and others would all be “gone and happy.”  He expanded on how the whole episode and his decision had adversely impacted him in the community, with long-time friends and business associates distancing themselves from him and people being angry at him but that, “at the end of the day,” he felt he’d made the right decision and felt vindicated by Purpera’s report.

Cross examination at that hearing focused on Grimmer’s frosty relationship with council members and his having referenced five such members as “the five amigos.”  Grimmer confirmed McCoy and Wheat were included in the five.  Grimmer admitted that delaHoussaye shared the fact that FBI investigator Steven Sollie had contacted him and that he was cooperating in an FBI investigation of the Gustav cleanup operations.  State and parish attorneys sought to get Grimmer to admit that he “had no interest” in the project’s costs until he obtained knowledge of the ongoing FBI investigation, a charge Grimmer vehemently denied.  Grimmer also indicated that, though he couldn’t remember which one, a FEMA monitor was paid $20,000 to make debris FEMA-eligible.

The panel ruled in FEMA’s favor.

If Perrilloux follows through and if the state’s and parish’s appeal hearing of FEMA’s decision is any guide, a trial is likely to air some of the dirtiest elements of Livingston Parish political corruption.  Louisiana Voice has obtained a transcript of the 2,197 page appeal hearing, and the contents are interesting, to say the least.

Perhaps that may be why delaHoussaye attorney McClindon said after Ricks’ ruling, “It would probably be best for us all to sit down and work this whole thing out.”

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In our lowlights review for the first six months of 2014, we were reminded by State Rep. Jerome “Dee” Richard (I-Thibodaux) that we had omitted a major low point in Louisiana politics.

Accordingly, we will preface our second half with the June veto by Gov. Bobby Jindal of HB 142 by Richard and Sens. Francis Thompson (D-Delhi) and Mack “Bodi” White (R-Central) which was pass unanimously by both the House (84-0) and Senate (37-0).

Called by Richard as the only “piece of legislation that would’ve done anything in the form of reform,” HB142 called for a reduction in consulting contracts. Richard said the bill also “would’ve provided transparency in the way the state hands out contracts” and would have provided savings that would have been dedicated to higher education.

“It just made too much sense to Bobby,” Richard said.

Jindal, on the other hand, said the bill would “hinder the state’s efforts to continue to provide its citizens with timely, high-quality services.”

Such high-quality services as paying $94,000 to a firm to assistant students to learn to play during recess; paying consulting fees to Hop 2 It Music Co. or to the Smile and Happiness Foundation.

Jindal also said the bill would “cause significant delays and introduce uncertainty to executing a contract” and would “discourage businesses from seeking opportunities to provide services to the people of Louisiana.”

Which now brings us to the second half of political news that could only occur in Louisiana.

JULY

Troy Hebert back in the news:

Three former ATC supervisors, all black, have filed a federal lawsuit in the Baton Rouge’s Middle District claiming a multitude of actions they say Hebert took in a deliberate attempt to force the three to resign or take early retirement and in fact, conducted a purge of virtually all black employees of ATC.

Baton Rouge attorney J. Arthur Smith, III filed the lawsuit on behalf of Charles Gilmore of Baton Rouge, Daimian T. McDowell of Bossier Parish, and Larry J. Hingle of Jefferson Parish.

The lawsuit said that all three plaintiffs have received the requisite “right to sue” notice from the U.S. Department of Justice pursuant to Equal Employment Opportunity Commission (EEOC) complaints.

So, where are all those savings we were promised?

To probably no one’s surprise except a clueless Gov. Bobby Jindal, the takeover of the Louisiana Office of Group Benefits (OGB) by Blue Cross Blue Shield of Louisiana a scant 18 months ago has failed to produce the $20 million per year in savings to the state.

Quite the contrary, in fact. The OGB fund balance, which was a robust $500 million when BCBS took over as administrators of the Preferred Provider Organization (PPO) in January of 2013, now stands at slightly less than half that amount and could plummet as low as an anemic $5 million a year from now, according to figures provided by the Legislative Fiscal Office.

There is no tactful way to say it. This Jindal’s baby; he’s married to it. He was hell bent on privatizing OGB and putting 144 employees on the street for the sake of some hair-brained scheme that managed to go south before he could leave town for whatever future he has planned for himself that almost surely does not, thank goodness, include Louisiana.

So ill-advised and so uninformed was Jindal that he rushed into his privatization plan and now has found it necessary to have the consulting firm Alvarez and Marcel, as part of their $5 million contract to find state savings, to poke around OGB to try and pull the governor’s hand out of the fiscal fire. We can only speculate as to why that was necessary; Jindal, after all, had assured us up front that the privatization would save $20 million a year but now cannot make good on that promise.

We can save, but we have to let you go…

The Jindal administration announced plans to jettison 24 more positions at the Office of Group Benefits (OGB) as a cost cutting measure for the cash-strapped agency but is retaining the top two positions and an administrator hired only a month ago.

Affected by layoffs are eight Benefits Analyst positions, three Group Benefits Supervisory spots, one Group Benefits Administrator, seven Administrative Coordinators, an Administrative Assist, two Administrative Supervisors, one IT Application Programmer/Analyst and one Training Development Specialist.

All this takes place at a time whe OGB’s reserve fund has dwindled from $500 million at the time of the agency’s privatization in January 2013 to about half that amount today. Even more significant, the reserve fund is expected to dip as low as $5 million by 2016, just about the time Jindal leaves town for good.

Completing the trifecta of good news, we also have learned that health benefits for some 200,000 state employees, retirees and dependents will be slashed this year even as premiums increase.

Neil Riser helps Edmonson revoke the irrevocable:

One of the single biggest state political stories of the year was the surreptitious attempt of State Sen. Neil Riser to slip an amendment into an otherwise nondescript bill ostensibly addressing procedures in handling claims against police officers that would have given State Police Superintendent Mike Edmonson an illegal $55,000 per year retirement boost.

Events quickly began to spin out of control after Riser first denied, then admitted his part in the ruse and as retired state police opposed the move and public opinion mounted against the move, Edmonson, after first claiming he was entitled to the raise, finally relented and said he would not accept the increase.

Meanwhile, Jindal, who signed the bill, was eerily quiet on the issue despite speculation he was behind the attempt to slip the increase into the bill.

State Sen. Dan Claitor, just to make sure Edmonson didn’t go back on his word, filed suit to block the raise and a Baton Rouge judge agreed that the bill was unconstitutional.

The bill, which quickly became known as the Edmonson Amendment, along with the Office of Group Benefits fiasco, constituted the most embarrassing moments for a governor who wants desperately to run for president.

AUGUST

Selective—and hypocritical—moral judgments

Gov. Bobby Jindal weighed in early on the kissing congressman scandal up in Monroe. When rookie U.S. Rep. Vance McAllister was revealed on video exchanging amorous smooches with a female aide, Jindal was all over him like white on rice, calling for his immediate resignation.

Jindal’s judgmental tone was dictated more by the philosophical differences between the two (McAllister wanted the state to expand Medicaid, Jindal most assuredly did not) than any real issues based on morals as Jindal’s silence on the philandering of U.S. Sen. David Vitter who did a tad more than exchange affectionate kisses.

Edmonson Amendment spawns other state police stories:

LouisianaVoice, in its continuing investigation of the Department of Public Safety (DPS), learned that a number of DPS employees enjoy convenient political connections.

  • Dionne Alario, Senate President John Alario’s daughter-in-law, is a DPS Administrative Program Manager;
  • Alario’s son, John W. Alario, serves as a $95,000 per year director of the DPS Liquefied Petroleum Gas Commission.
  • DPS Undersecretary Jill Boudreaux retired on April 28 from her $92,000 per year salary but the day before, she double encumbered herself into the position and reported to work on April 30 in the higher position of Undersecretary. Commissioner of Administration Angéle Davis ordered her to repay the 300 hours of annual leave (about $46,000) for which she had been paid on her “retirement,” but Davis resigned shortly afterward and the matter was never pursued.
  • DPS issued a pair of contracts, hired the contractor as a state employee, paid her $437,000 to improve the Division of Motor Vehicles and ponied up $13,000 in airfare for trips to and from her home in South Carolina. The contractor, Kathleen Sill, heads up a company called CTQ but the company’s web page lists Sill as its only employee.
  • Boudreaux’s son-in-law Matthew Guthrie was simultaneously employed in an offshore job and was on the payroll for seven months of the State Police Oil Spill Commission.
  • Danielle Rainwater, daughter of former Commissioner of Administration Paul Rainwater was employed as a “specialist” for State Police.
  • Tammy Starnes was hired from another agency at a salary of $92,900 as an Audit Manager. Not only was her salary $11,700 more than state trooper Jason Starnes, but she is in charge of monitoring the agency’s financial transactions, including those of her husband.

Thanks, retirees; here’s your bill for medical coverage:

LouisianaVoice was first to break the news that the Jindal administration was planning to force retirees out of the Office of Group Benefits by raising premiums astronomically and slashing benefits.

The news sparked waves of protests from employees and retirees alike, prompted legislative hearings at which Commissioner of Administration Kristy Nichols looked more than foolish in their attempts to defend the ill-conceived plan.

The entire fiasco was the result of the Jindal administrations foolish decision to cut premiums, which allowed the state to be on the hook for lower contributions as well. The money the state saved on matching premiums went to help patch those recurring holes in the state budget. Meanwhile, because of the lower premiums, the $500 million OGB reserve fund shrank to about half that amount as OGB spent $15 million per month more than it received in premiums.

All this occurred just three years after then-Commissioner of Administration Paul Rainwater, in a letter on the eve of the privatization of OGB, promised the continuation of quality service, rates that would be “unaffected” with any increases to be “reflective of medical market rates.” More importantly, he emphatically promised that benefits “will NOT change.”

HHS_2013_SNPS_35_Day

OCTOBER

What premium decrease?

Contrary to the testimony of Commissioner of Administration Kristy Nichols that Buck Consultants recommended that the Office of Group Benefits reduce premiums for members, emails from Buck Consults said exactly the opposite. State Rep. John Bel Edwards (D-Amite) had asked Nichols during legislative committee hearings who recommended the decrease and she replied that the recommendation came from Buck. All witnesses before legislative committees are under oath when they testify.

Surplus, deficit, tomato, to-mah-to:

Nichols “discovered” a previously unknown “surplus” of $320 million in mystery money that set off a running dispute between her office and State Treasurer John Kennedy—an argument that eventually made its way before the Joint Legislative Committee on the Budget.

With a tip of our hat to cartoonist Bud Grace, we are able to show you how that surplus was discovered:

JINDAL SURPLUS SECRET

(CLICK ON IMAGE TO ENLARGE)

Murphy Painter vindicated, Jindal humiliated:

Jindal’s attempted prosecution persecution of fired Director of the Office of Alcohol and Tobacco Control Murphy Painter blew up in the governor’s face when Painter was first acquitted of criminal charges, costing the state nearly half a million dollars in reimbursement of Painter’s legal fees, but Painter subsequently won a defamation suit against his accuser.

Secret survey no longer a secret but “no one” more popular than Jindal:

A survey to measure state employee satisfaction in the Division of Administration (DOA) should be an eye opener for Commissioner of Administration Kristy Kreme Nichols and agency heads within DOA.

Meanwhile, LouisianaVoice has learned that Gov. Bobby Jindal (R-Iowa, R-New Hampshire, R-Anywhere but Louisiana) received some exciting news this week when a new poll revealed that no one was more popular among Republican contenders for the GOP presidential nomination.

The excitement was short-lived, however, when the actual meaning of the numbers was revealed.

It turns out that in a CNN poll of New Hampshire voters, Jindal tied with Rick Santorum with 3 percent, while “No one” polled 4 percent, prompting Comedy Central’s Stephen Colbert to joke that Jindal should adopt the slogan “Jindal 2016: No one is more popular.”

To shred or not to shred:

The controversy surrounding the sweeping changes being proposed for the Office of Group Benefits just got a little dicier with new information obtained by LouisianaVoice about the departure of Division of Administration executive counsel Liz Murrill and the possibly illegal destruction of public records from the Office of Group Benefits (OGB) and the involvement of at least two other state agencies.

While it was not immediately clear which OGB records were involved, information obtained by LouisianaVoice indicate that Murrill refused to sign off on written authorization to destroy documents from OGB.

We first reported her departure on Oct. 14 and then on Oct. 22, we followed up with a report that Murrill had confided to associates that she could no longer legally carry out some of the duties assigned to her as the DOA attorney.

But now we learn that the issue has spilled over into two other agencies besides OGB and DOA because of a state statute dealing with the retention of public documents for eventual delivery to State Archives, a division of Secretary of State Tom Schedler’s office.

Reports indicate that Schedler became furious when he learned of the destruction or planned destruction of the records because records should, according to R.S. 44:36, be retained for three years and then delivered to the state archivist and director of the division of Archives, records management and history.

NOVEMBER

Secret grand jury testimony of Greenstein made public:

The Louisiana Attorney General’s office, in an unprecedented move, released the 100-plus pages of testimony of Bruce Greenstein, former Secretary of the Department of Health and Hospitals but the testimony did little in revealing any smoking gun related to the state’s $180 million contract with CNSI. About the only thing to come out of his testimony was the indication of an incredible bad memory in matters related to his dealings with his former bosses at CNSI and a razor-sharp recall of other, more insignificant events.

Approval? We don’t need no stinkin’ approval:

The very first state agency privatized by Gov. Bobby Jindal was the Office of Risk Management (ORM) and after the state paid F.A. Richard and Associates (FARA) $68 million to take over ORM operations and then amended the contract to $75 million after only a few months, the agency was subsequently transferred three times to other firms. The only hitch was a specific clause in the original contract with FARA that no such transference was allowable without “prior written approval” from the Division of Administration. The problem? When LouisianaVoice made an FOIA request for that written approval, we were told no such document existed.

Edwards’ Last Hurrah:

Former Gov. Edwin Edwards, one of the most successful, colorful and charismatic politicians in Louisiana history, lost—decisively. Republican Graves Garrett rode the Republican tide to easily hand Edwards his first political defeat, dating back to his days on the Crowley City Council. Some may remember when Buddy Roemer led the field in 1987, forcing Edwards into a runoff. Technically, though, Edwards did not lose that election because he chose not to participate in the runoff, thus allowing Roemer to become governor. But he would return in 1991 to win his unprecedented fourth term.

DECEMBER

Friends of Bobby Jindal seeking donations:

A new web page popped up seeking donations for the Friends of Bobby Jindal, raising speculations of an attempt at a higher office (president?) since Jindal can’t run for governor again.

The new web page cited a speech by Jindal at a foreign policy forum at which he called for increased military spending.

Gimme the keys to the cars:

The Public Service Commission (PSC) became the second state agency (the State Treasurer’s office was the first) to openly defy Jindal when the administration demanded that the PSC relinquish possession of 13 vehicles as part of the administration’s cost-cutting measures.

We have already examined State Rep. Jerome “Dee” Richard’s attempt to cut consulting contracts which was passed unanimously by both the House and Senate but vetoed by Jindal.

But there was another veto that should be mentioned in context with Jindal’s penny wise but pound (dollar) foolish fire sale approach to state finances.

Earlier this year, State Sen. Jack Donahue (R-Mandeville) managed to get overwhelming passage of a bill that called for more oversight of the tax break programs by the state’s income-forecasting panel.

But Jindal, who never met a tax break he didn’t like, promptly vetoed the bill, saying it could effectively force a tax increase on businesses by limiting spending for the incentive programs.

Only he could twist the definition of removal of a tax break for business into a tax increase even while ignoring the fact that removal of those tax breaks could—and would—mean long-term relief for Louisiana citizens who are the ones shouldering the load. And for him to willingly ignore that fact borders on malfeasance.

Another (yawn) poor survey showing:

24/7 Wall Street, a financial news and opinion company, released a report which ranked Louisiana as the 11th worst-run state in America.

Louisiana, in ranking 40th in the nation, managed to fare better than New Jersey, which ranked 43rd, or eighth worst, something Jindal might use against Gov. Christ Christie if it comes down to a race between those two for the GOP nomination.

Louisiana had “one of the lowest median household incomes in the nation,” at just $44,164, the report said “and 10.7 percent of all households reported an income of less than $10,000, a higher rate than in any state except for Mississippi. Largely due to these low incomes, the poverty rate in Louisiana was nearly 20 percent (19.8 percent) and 17.2 percent of households used food stamps last year, both among the highest rates in the nation. The state’s GDP grew by 1.3 percent last year, less than the U.S. overall.

May we pray?

Meanwhile, Jindal prompted more controversy by having his favorite publisher and LSU Board of Supervisors member Rolfe McCollister run interference in securing the LSU Maravich Center for a political prayer event in January of 2015. The event will be sponsored by the controversial American Family Association and will not (wink, wink) be a political event, Jindal said.

And that, readers, is where we will leave you in 2014.

For 2015, we have an election campaign for governor to look forward to.

Just when you thought it couldn’t get any worse.

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           As 2014 winds down, we decided that everyone else does a year-end wrap-up of the year’s significant events, so why not us?

            Accordingly, here is our review of the first six months of LouisianaVoice installments. The last six months will appear on Wednesday (Dec. 31).

JANUARY

IT Contractor linked to Obamacare, other problems:

A company holding two contracts with the State of Louisiana worth $32.8 million was the lead IT contractor of the ill-fated Affordable Health Care enrollment web page rolled out late last year.

CGI Technologies and Solutions, headquartered in Quebec, has experienced problems with other contracts in Canada and the U.S. even before the Obamacare debacle.

CGI Technologies and Solutions was awarded a $32.5 million contract with the Office of Community Development’s (OCD) Disaster Recovery Unit (DRU) on March 2, 2012 to provide computer software hosting, support and training for OCD’s Hazard Mitigation Grant Program (HMGP), small rental programs.

That contract is scheduled to run out on March 1, 2015.

CGI executives have been involved with at least 20 other troubled government IT projects, including one contract to automate retirements for millions of federal employees that went $60 million over budget and despite $2.3 billion in contracts with two dozen federal agencies, the company was rejected by the Center for Medicare and Medicaid Services (CMS) because of “performance issues” in carrying out an earlier contract.

HGI ties to Jindal, Christie:

MSNBC and the Wall Street Journal have begun focusing attention on a Louisiana firm with more than $200 million in contracts with both the Chris Christie and Jindal administrations for federally-funded relief to hurricane victims.

Hammerman & Gainer, Inc., or HGI, of Lutcher, was awarded a $68 million contract in May of 2013 to oversee two programs distributing $780 million in federal money to Sandy victims. That contract was cancelled only six months later, on Dec. 6, 2013, because of mounting complaints about delays in processing claims.

New Jersey homeowners say they have been unable to get answers, paperwork has been misplaced and HGI employees, most of whom are temporary employees, could not be reached by phone and that the company’s recovery centers change rules midstream and that no reconstruction program grants to thousands of applicants already approved have yet been awarded.

HGI also just happens to hold a $60 million contract with the Louisiana Office of Community Development’s Disaster Recovery Unit to administer the state’s Road Home Program. That contract began on March 20, 2012, and ends on March 19, 2015. Prior to that contract, HGI had a similar contract for $83.3 million which ran from March 20, 2009 to March 19, 2012. The $83.3 million contract replaced a $912 million contract with ICF Emergency Management Services of Baton Rouge.

In New Jersey, HGI hired Glenn Paulsen, former chief of the Burlington County Republicans, as its legal counsel when it submitted its bid to run the two Sandy relief programs. Paulsen’s law firm Capehart Scatchard, made a $25,000 contribution to the Republican Governors Association which Christie now heads.

HGI contributed $15,000 to Jindal in three equal contributions in 2007, 2008 and 2009. The company also gave $7,500 to Robert Wooley ($2,500 in 2003 and $5,000 in 2002), $5,000 to the Republican Party of Louisiana, $5,000 in 2011, to New Orleans mayor Ray Nagin in March of 2006, only months after Hurricane Katrina, and $7,500 to his successor Mitch Landrieu in equal contributions of $2,500 in 2010, 2011 and 2012. In addition, HGI President Larry Oney gave $5,000 to Jindal’s campaign in 2008.

Alvarez & Marsal gets fat at state trough:

Jindal also awarded a four-month contract to Alvarez & Marsal for a tad more than $5 million that called for the firm to deliver $500 million in savings to the state.

A & M’s cozy if disastrous relationship with state government goes back further than Jindal. In December of 2005, the Orleans Parish School Board adopted Resolution 59-05 on the advice of the consulting firm.

The resolution, passed in the aftermath of disastrous Hurricane Katrina was specifically cited in the ruling earlier this week by the 4th Circuit Court of Appeal that upheld a lower court decision the school board was wrong to fire 7,500 teachers, effective Jan. 31, 2006.

Then-State Superintendent of Education Cecil Picard chose Alvarez & Marsal to prevail upon the school board to replace acting parish Superintendent Ora Watson with an Alvarez & Marsal consultant.

So, Watson was replaced, 7,500 teachers were fired, the teachers sued and won, leaving the Orleans School Board and the state liable for a billion-five and the firm that started it all is hired by Jindal to find a $500,000 savings.

Alvarez & Marsal is specifically cited—by name—no fewer than six times in the first 51 pages of a 2009 report calling for the privatizing the state’s charity hospital system. Alvarez & Marsal performed that bit of work under a $1.7 million contract that ran for nine months in 2009, from Jan. 5 to Sept. 30.

The firm also received a $250,000, contract of a much shorter duration (10 days) from Jindal on April 9, 2013, to develop Jindal’s proposal to eliminate the state income taxes in favor of other tax increases. That plan was dead on arrival during the legislative session and Jindal quickly punted before a single legislative vote could be taken.

The obvious next step for Jindal was to

Problems continue at OGB:

Charles Calvi and Patrick Powers are out at the Office of Group Benefits (OGB) and Susan West, late of the Office of Risk Management has been named Interim CEO—the fourth person to head OGB in less than three years.

Meanwhile, that $540 million reserve fund balance OGB had on hand to pay benefits at the time of Gov. Bobby Jindal’s infamous raping of the agency now sit at $240 million and is dwindling at a rate of $20 million per month, no doubt the result of Jindal’s 7 percent premium reduction six months before the January 2013 takeover of OGB by Blue Cross Blue Shield (BCBS) of Louisiana.

FEBRUARY

Adley’s not-so-hidden agenda:

State Sen. Robert Adley (R-Benton) filed Senate Bill 79 which was designed to give Jindal even more power by giving him greater freedom in appointing members of a levee board, specifically the Southeast Louisiana Flood Protection Authorities of both the east and west banks.

The bill was a counteroffensive to attempts by the east bank authority to push for a historic lawsuit that would hold oil and gas companies responsible for damages to coastal wetlands.

The Southeast Louisiana Flood Protection Authority East (SLFPAE) was attempting to force the oil and gas companies to pay for the state’s coastal restoration efforts.

The lawsuit claimed that the companies destroyed the state’s coastal wetlands by dredging canals that contributed to erosion. The marshes had served as a natural buffer that mitigated storm surge. The suit, if successful, could cost the companies billions of dollars.

Adley’s bill should come as no surprise, given his opposition to the lawsuit but some might question why Adley would oppose the legal action against the companies in the first place.

One consideration could be that he has owned pelican Gas Management Co. since 1993, was president of ABCO Petroleum from 1972 to 1993, is affiliated with the Louisiana Oil and Gas Association, and has been the recipient of more than $150,000 in campaign contributions over the years from companies, political action committees, and individuals affiliated with or controlled by oil and gas interests.

Adley’s bill was assigned to the Senate Transportation, Highways & Public Works Committee. The chairman of Transportation, Highways & Public Works?

Robert Adley.

Jindal tantrum goes national:

Jindal’s outburst upon exiting a meeting between the nation’s governors and President Barack Obama Monday was a petulant display of immaturity that only served to underscore his disgraceful scorn for Louisiana’s working poor in favor of pandering to the mega-rich Koch brothers in the apparent hope that some of their Americans for Prosperity (AFP) money might find its way into his campaign coffers.

His shameless promotion of the proposed Keystone XL pipeline project coupled with his criticism of Obama’s push for a minimum wage increase comes on the heels of word that Jindal is literally stealing from the blind in drawing down more than half of a trust fund established to assist blind vendors in state buildings to purchase equipment, to pay for repairs and to pay medical bills.

That trust fund shrank from $1.6 million to about $700,000, apparently because of yet another lawsuit the administration found itself embroiled in over the delivery of food services at Fort Polk in Leesville that sucked up $365,000 just for the state’s 21 percent share of attorney fees.

Jindal said of Obama’s push for an increase in the minimum wage that the president “seems to be waving the white flag of surrender” and that Obama’s economy “is now the minimum wage economy.”

CIA kidnap accomplice locates in Bossier City

A photo in the Shreveport Times shows a grinning Gov. Bobby Jindal shaking hands with David Zolet, executive vice president and general manager of the North American Sector of Computer Sciences Corp. (CSC) as the two jointly announced that the company plans to open a technology center at CSC’s national Cyber Research Park in Bossier City.

CSC will be the anchor tenant of the research park and will partner with Louisiana Tech University to account for 1,600 new jobs over the next four years, thanks in part to $14 million in state funding over the next decade to expand higher education programs to increase the number of computer science graduates per year.

CSC customers, meanwhile, were being urged to boycott the company over allegations that it took part in illegal CIA rendition flights in the U.S. “war on terror.”

Court documents have linked CSC to the rendition of German citizen Khaled El-Masri who was abducted on Dec. 31, 2003, after being mistaken for a known terrorist by the CIA.

El-Masri was blindfolded, beaten, imprisoned for 23 days, stripped, sodomized, chained, drugged, flown to Afghanistan where he was again beaten and imprisoned for another four months, interrogated, threatened, denied legal representation, force fed and finally flown in a CSC-chartered plane to Albania, where he was left on a remote road in the middle of the night some 1500 kilometers from his home.

CSC was contracted for the flight as well as for other illegal CIA renditions, according to human rights charity Reprieve. CSC has so far refused a request by Reprieve to sign a pledge of “zero tolerance to torture,” and has also declined to respond to questions from Computer Weekly about the allegations.

Germany has paid the company some $405 million since 1990 and over the past five years, the country has awarded more than 100 contracts to CSC and its subsidiaries.

The story said it is “no coincidence” that the company’s various German offices are often located near U.S. military bases.

Barksdale AFB, home of the U.S. Air Force’s 2nd Bomb Wing and Global Strike Command, and Cyber Research Park are nearly adjacent in their proximity to each other, with the proposed CSC facility and Barksdale separated only by I-20.

MARCH

Jindal contributor benefits from state road work

The controversy over that 55,000 hunting lodge that straddles three central Louisiana parishes has taken a new and curious twist as the result of a $1.7 million highway resurfacing project that conveniently runs right past the entrance to the lodge that is owned by a major contributor to Gov. Bobby Jindal and to unsuccessful congressional candidate State Sen. Neil Riser.

The overlay of LA. 127, also known locally as the Olla-Sikes Highway, started on Feb. 20 at the Caldwell Parish line and run 5.5 miles east in Winn Parish to LA. 1238, according to an announcement by the Louisiana Department of Transportation and Development (DOTD).

The LA. 127 project ends at the camp entrance and at the property of TV reality show Swamp People star Troy “Choot ‘em” Landry, whose campsite is located within the hunting camp.

A search of political campaign contributions show that camp owner Bill Busbice and his wife, Beth each contributed the maximum allowable $2,600 ($5,200 total) to State Sen. Neil Riser’s campaign for the 5th Congressional District seat won by Vance McAllister.

Jindal also picked up $20,000 from Busbice and Alfred Lippman of Morgan City, the registered agent for Olla Productions, LLC., one of Busbice’s may business entities.

Busbice contributed $5,000 to Jindal in April of 2009 and Beth Busbice gave another $5,000 in December of that same year, while Lippman contributed $5,000 in October of 2003, $3,500 in April of 2009 and his firm, Lippman, Malfouz, Tranchina & Thorguson of Morgan City gave another $1,500 in September of 2010.

Additionally, one of Lippman’s law partners, David Thorguson and his wife contributed $1,300 to Jindal, Jindal campaign records show.

Appel’s shrewd investments:

State Sen. Conrad Appel (R-Metairie) purchased Discovery Communications stock in 2010 a week before a major announcement of a partnership between Discovery Education and the Louisiana Board of Elementary and Secondary Education, Capitol News Service has learned.

On Dec. 7, 2010, Discovery Education, a division of Discovery Communications, announced that Louisiana and Indiana had joined Oregon in adopting the Discovery Education Science Techbook as a digital core instructional resource for elementary and middle school science instruction.

Appel is Chairman of the Senate Education Committee and was in a unique position to know not only of the pending deal between Discovery Education and the Louisiana Board of Elementary and Secondary Education (BESE) but also of the company’s recent agreement with Indiana and Oregon, as well as Texas and Florida.

Appel’s financial disclosure form obtained from the State Board of Ethics indicates his Discovery Communications stock purchase was for “between $5,000 and $24,999.”

Discovery Communications is traded on NASDAQ and on the date of Appel’s purchase, the company’s shares opened at $40.96 and closed at $40.78.

And while there was no significant movement in the stock’s prices on the date of and on the day’s following Discovery’s announcement of the agreement with BESE, the stock hit a high of $90.21 per share on Jan. 2 of this year, meaning Appel’s on-paper profit after a little more than three years was in excess of 100 percent. The stock closed on March 27 at $75.72, still an 85 percent gain for Appel.

Appel’s 2012 financial report reveals that he also purchased between $5,000 and $24,999 of Microsoft stock on June 4, 2012, the same date that the Louisiana Legislature adjourned its 85-day session.

Ten days earlier, on May 25, the Louisiana Legislature approved the implementation of Common Core in Louisiana after a major push by the Bill and Melinda Gates Foundation which poured more than $200 million to develop, review, evaluate, promote and implement Common Core.

APRIL

Deputy Sheriff dabbles in private background checks:

A former DeSoto Parish sheriff’s deputy may have violated state law by using his office to run background checks for a company in which he owned a major interest, according to a report by the Legislative Auditor’s office in Baton Rouge.

Lagniappe and Castillo Research and Investigations ran 41,574 background checks through the sheriff’s office during an 11-month period between April 1, 2012, and February 28, 2013, the report says. Robert Davidson, retired chief investigator for the DeSoto Parish Sheriff’s Office, is 50 percent owner of Lagniappe and Castillo. He was employed by DPSO from 1980 until his retirement in May of 2013.

The report, released on Monday, also noted that three DeSoto Parish Sheriff’s Office (DPSO) employees were paid nearly $2,000 by Lagniappe and Castillo Research and Investigations for running the background checks between January 2011 and May 2013, duties they would normally perform as part of their jobs with the sheriff’s office.

The company charged its customers $12 for each background report and paid the sheriff’s office $3 for each report. That represents an income of more than $374,000 and a profit of more than $372,000 for owners Robert Davidson and Allan Neal Castillo.

Extortion claimed on state highway project:

A six and one-half-year-old lawsuit took a dramatic turn following a Mangham contractor’s claim that the Louisiana Department of Transportation and Development (DOTD) denied payments for work performed by his company because he resisted shake-down efforts by a DOTD inspector.

Jeff Mercer owner of the now-defunct construction company that bears his name, worked as a subcontractor to several prime contractors on six different projects for which he has not been paid. He first filed his lawsuit against DOTD on Sept. 7, 2007, in state district court in Monroe, claiming that the state owes him nearly $9 million for actual work done for which he was never paid, plus interest and delay costs which bring the total to more than $11.6 million.

The $500 million savings report by Alvarez & Marsal (A&M) was finally released on Monday only minutes before adjournment of the 2014 legislative session.

The 425-page report, produced under a $5 million contract, while projecting a savings of $2.7 billion over five years (an average of $540 million a year).

Most of the projected cost savings were based on assumptions for which A&M offered little or no supporting data other than arbitrary estimates and suppositions that could have been produced at a fraction of the report’s $11,760 per-page cost.

MAY

It pays to play I:

If there are any lingering doubts that politicians are beholden to the special interest who bankroll their campaigns, consider the money that has been spread among our state lawmakers—just from the oil and gas interests:

  • The 144 incumbent legislators have received more than $5.8 million in campaign contributions by a single special interest group—oil and gas. That comes to an average of $40,357 per legislator.
  • For the 39 current members of the Louisiana Senate, the aggregate is a little north of $2.8 million, or $51,100 each.
  • A total of $2.99 million was distributed among the 105 House members—an average of $40350 each, the figures show.

So, by obtaining a dismissal of litigation that could conceivably cost oil companies several hundred million dollars—before it ever goes to trial or even to the discovery stage—by spreading $5.8 million around represents a nice return on investment.

And make no mistake about it: campaign contributions are just that—investments.

It pays to play II:

The Senate Finance Committee on Sunday (Sen. Dan Claitor discarded their oaths of office—their sworn duty to protect the interests of the people of Louisiana—in favor of political expedience of the very lowest sort by ripping $4.5 million from the budget for Louisiana’s developmentally disabled and allocating the money for a Verizon IndyCar Series race at the NOLA Motorsports Park in Jefferson Parish.

LouisianaVoice conducted a search of the Secretary of State’s web page to learn the identities of the NOLA Motor Club corporate officers and whose name should pop up as one of the principals? Laney Chouest, that’s who.

So, who is Laney Chouest, you ask?

Well, he also showed up as an officer in a few other corporations run by the politically active Chouest family of Galliano. Their main business is in shipbuilding and Laney Chouest was listed as an officer in Edison Chouest Offshore, Inc., Alpha Marine Service Holdings, LLC. and Beta Marine Services, LLC., to name only three.

So, armed with that information we did a campaign contribution search of only the last name of Chouest and we hit the mother lode.

Between 2007 and 2010, members of the Chouest family and their various businesses contributed $106,500 to Jindal.

JUNE

Legislator’s firm cited for environmental infractions:

A citation and a cease order issued to Dual Trucking Co. by the Montana Department of Environmental Equality for dumping oilfield radioactive waste from the nearby Bakken Oilfield, it turns out, is not the only problem State Rep. Gordon Dove (R-Houma) has experienced with environmental authorities, Capitol News Service has learned.

Vacco Marine, Inc., a company owned by Dove, who chairs the House Committee on Natural Resources and Environment, has been the subject of several investigations, negative reports, citations, and compliance orders by and from the Louisiana Department of Environmental Quality (DEQ) over a period of several years, records show.

Last week, while presiding over a meeting of the Natural Resources Committee, he joined 12 other members in passing an amendment to SB 469 that made the prohibition against suing oil companies for damages to the state’s wetlands and marshes retroactive.

Dove also serves as a member of the Louisiana Coastal Protection and Restoration Authority.

Lobbyists swarm to protect BP:

By now, most people who have followed the bill authored by Sen. Bret Allain (R-Franklin) but inspired by Sen. Robert Adley (R-Benton) know that big oil poured money and thousands of lobbying man hours into efforts to pass the bill with it accompanying amendment that makes the prohibition against such lawsuits retroactive to ensure that the SLPFA-E effort was thwarted.

Most followers of the legislature and of the lawsuit also know that up to 70 legal scholars, along with Attorney General Buddy Caldwell, strongly advised Jindal to veto the law because of the threat to the pending BP litigation.

Altogether, the 144 current legislators received more than $5 million and Jindal himself received more than $1 million from oil and gas interests. Allain received $30,000 from the oil lobby and Adley an eye-popping $600,000.

So, when BP lobbyists began swarming around the Capitol like so many blow flies around a bloated carcass, the assumption was that BP somehow had a stake in the passage of SB 469 and that infamous amendment making the bill retroactive.

John Barry, a former SLFPA-E who was given the Jindal Teague Treatment but who stuck around to pursue the lawsuit, said, “During the last few days of the session, we were very well aware that the BP lobbyists were extraordinarily active. They were all over the place. We all assumed there was definitely something it in for them.”

Something in it for them indeed.

Blogger Lamar White, Jr. observed that former Gov. Edwin Edwards spent eight years in a federal prison for accepting payments from hopeful casino operators for his assistance in obtaining licenses—all after he left office. New Orleans Mayor Ray Nagin was similarly convicted of using his position to steer business to a family-owned company and taking free vacations meals and cell phones from people attempting to score contracts or incentives from the city.

So what is the difference between what they did and the ton of contributions received by Adley and Jindal? To paraphrase my favorite playwright Billy Wayne Shakespeare, a payoff by any other name smells just as rank.

And while big oil money flowed like liquor at the State Capitol (figuratively of course; it’s illegal to make or accept campaign contributions during the legislative session), what many may not know is that Jindal may have had an ulterior motive in going against sound legal advice to sign the bill into law, thus protecting the interests of big oil over the welfare of Louisiana citizens who have seen frightening erosion of the state’s shoreline and freshwater marshes.

The Washington, D.C., law firm Gibson, Dunn & Crutcher is one of the firms that represented BP in negotiating a $4.5 billion settlement that ended criminal charges against the company. Included in that settlement amount was a $1.26 billion criminal fine to be paid over five years.

An associate of Gibson, Dunn & Crutcher who has defended clients in government audit cases and in several whistleblower cases is one Nikesh Jindal.

He also is assigned to the division handling the BP case.

Nikesh Jindal is the younger brother of Gov. Piyush, aka Bobby Jindal.

Suddenly, John Barry’s words take on a little more significance: “We all assumed there was definitely something it in for them.”

Something in it for them indeed.

By now, most people who have followed the bill authored by Sen. Bret Allain (R-Franklin) but inspired by Sen. Robert Adley (R-Benton) know that big oil poured money and thousands of lobbying man hours into efforts to pass the bill with it accompanying amendment that makes the prohibition against such lawsuits retroactive to ensure that the SLPFA-E effort was thwarted.

Most followers of the legislature and of the lawsuit also know that up to 70 legal scholars, along with Attorney General Buddy Caldwell, strongly advised Jindal to veto the law because of the threat to the pending BP litigation.

Altogether, the 144 current legislators received more than $5 million and Jindal himself received more than $1 million from oil and gas interests. Allain received $30,000 from the oil lobby and Adley an eye-popping $600,000.

So, when BP lobbyists began swarming around the Capitol like so many blow flies around a bloated carcass, the assumption was that BP somehow had a stake in the passage of SB 469 and that infamous amendment making the bill retroactive.

John Barry, a former SLFPA-E who was given the Jindal Teague Treatment but who stuck around to pursue the lawsuit, said, “During the last few days of the session, we were very well aware that the BP lobbyists were extraordinarily active. They were all over the place. We all assumed there was definitely something it in for them.”

Something in it for them indeed.

 

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A confrontation reminiscent of the one nearly 50 years ago between the managing editor (yours truly) and the family news editor at the Ruston Daily Leader has arisen between Gov. Bobby Jindal and the Louisiana Public Service Commission (PSC) and if the late Wiley Hilburn were alive today, he might well find the latest one just as amusing.

Hilburn was on hand when I needed a camera to cover a breaking news story. The only problem was, the news camera was broken and the only one available was a cheap one Publisher Tom Kelly had purchased for use by family news editor Virginia Kavanaugh for her section. “Give me your camera,” I said as I hung up the telephone and stood from my chair across from her. “I have to get a picture of a wreck on I-20.”

“No,” said Mrs. Kavanaugh. “You can’t have it. It’s for my use.”

In complete exasperation and more than a little frustrated at this unexpected lesson in humility, I looked over at Hilburn who had just walked in with a news release from Louisiana Tech University. The look I got in return told me I was on my own. “But I’m the managing editor!” I finally blurted. It was the only thing that came to mind in response to her unexpected insubordination. As I write this, I swear I can still hear Hilburn laughing at the absurdity of the scene that unfolded before his eyes. He would repeat that story for my benefit for years to come, laughing just as hard as he did that morning at the very audacity of my naïve belief that in some parallel universe, my managing editor badge trumped her title as family news editor.

And I never got that camera.

Now the PSC has ripped a page from Mrs. Kavanaugh’s playbook and it’s just as funny.

Jindal, in a desperate attempt to scrape together a few pennies to cover what at last estimate was a deficit of about $141 million, is conducting a fire sale of what state assets still remain after he disposed of state buildings and parking garages in years past to patch similar budget holes.

The administration wants to sell some 700 state vehicles, including 13 assigned to the PSC but commissioners voted unanimously Wednesday (Dec. 17) to direct the PSC staff not to relinquish the vehicles because, the commission lacks funds with which to rent cars and to sell them would hinder its work.

Jindal planned to confiscate the vehicles to be sold with the others early next year in yet another cost-cutting move. The administration says the PSC vehicles aren’t used enough to justify their upkeep.

(The same might be said for some of the governor’s highly-paid appointees. And let’s not even discuss the cost of overtime, lodging, travel and meals for state police security details that accompany the governor on all of those trips to Iowa, New Hampshire and Washington.)

It should be noted that the $141 million shortfall was before the latest plunge in oil prices which Jindal conveniently blames for the fiscal mess in which the state finds itself—again. Legislative Auditor Daryl Purpera is scheduled to give a presentation tomorrow (Thursday, Dec. 18) to the Joint Legislative Committee on the Budget and early indications are the governor’s office and Commissioner of Administration Kristy Nichols aren’t going to be very happy.

The $1.4 million anticipated from the sale of the vehicles represents a shade less than 1 percent of the $141 million deficit (which may be even more after the legislative auditor’s report) and is only a tiny fraction of the $25 billion state budget.

“Of the 13 state vehicles at the Public Service Commission, 11 of them are driven less than 15,000 miles a year,” said Jan Cassidy, Assistant Commissioner of Administration for Procurement. “The cost of maintaining underutilized vehicles is greater than the cost of reimbursing employees for travel when it’s necessary,” she said.

The $1.4 million anticipated from the sale of the vehicles would not be net since the state would be required to either pay employees for use of personal vehicles or pay for rental of cars through a contract the state has with Enterprise Car Rentals.

The administration put agencies on notice about the planned sale last week, giving them two weeks to turn over vehicles designated for auction.

“Reducing state expenses requires all state agencies to review their priorities and ensure they are spending taxpayer dollars appropriately,” Cassidy said.

One of those voting to defy the governor was Scott Angelle who once served in Jindal’s cabinet. A dispute between the PSC and the governor’s office has been simmering and the vehicle flap is only the latest issue as things have reached a boiling point.

The PSC has been critical of a recent practice by the administration and the legislature to take over funds paid to the PSC as fees by regulated companies. Members say the action amounts to an unconstitutional tax levy while the governor and legislator argue for the right to use the fees as part of the state budget. That outcome of that argument is now pending in court.

We can only assume that state police vehicles were exempt from the fire sale order. But with this administration, who knows?

Nor was there was any immediate word on whether or not the administration would attempt to seize the PSC vehicles, which would just be another log on that smoldering fire.

But somewhere within the walls of the Governor’s mansion (he’s rarely on the fourth floor of the State Capitol, we’re told), Bobby Jindal must be incredulous as he exclaims perhaps to wife Supriya or, to a curious butler, “But I’m the governor!

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By Robert Burns, Guest Columnist

Most of the media headlines entailing Bruce Greenstein, Gov. Jindal’s former head of the Department of Health and Hospitals (DHH), have centered around his recent indictment for alleged false testimony during his confirmation hearing and alleged false statements made to a Louisiana grand jury convened by Attorney General Buddy Caldwell to delve into possible misconduct entailing the awarding of the state Medicaid contract to Client Network Services Incorporated (CNSI).  Less noteworthy in the news media, but a matter in which Louisiana Voice has taken a keen interest, is the civil trial taking place in Judge Tim Kelley’s courtroom entailing CNSI’s claim of wrongful termination of its contract for which it seeks millions of dollars in alleged damages.

During a hearing in early 2014, Judge Kelley repeatedly sought the status of any Federal investigation into alleged wrongdoing regarding the awarding of the contract.  Very reluctantly, David Caldwell, Assistant Attorney General, admitted that the Feds had closed their investigation but emphasized that the State of Louisiana was proceeding forward and emphasized to Judge Kelley that “The AG’s Office has encountered other instances in which the Feds closed an investigation but we continued and ultimately obtained indictments.”

The parties are now in the discovery phases of the civil trial. Attorney Lewis Unglesby, along with Michael McKay and Justin Lemaire, is representing CNSI, and some very intriguing accusations have been bantered about in court hearings. Among those accusations, conveyed at an October 28, 2014, hearing, is that Attorney General Investigator Scott Bailey   met with and potentially improperly coached CNSI whistleblower Steve Smith into changing his testimony, resulting in contradictory depositions.  It was also at that hearing that David Caldwell, in attempting to defend the visits with Smith by his office and relaying to Judge Kelley that “We didn’t do anything wrong,” emphasized, “We’re not trying to rig a civil case.”

Perhaps Caldwell may indeed not be trying to “rig a civil case” and genuinely seeks only to prosecute Greenstein for his alleged perjury; however, based on a hearing in Judge Kelley’s courtroom today (Monday, December 15, 2014), it appears equally apparent that the State of Louisiana is prepared to fight tooth and nail to prevent CNSI’s lawyers from advancing discovery in the civil trial toward the plaintiff attorneys’ goal of a trial sometime in 2015.

To that end, today’s hearing entailed the fact that CNSI’s lawyers have scheduled a deposition of Stephen Russo, legal counsel for the Department of Health and Hospitals for tomorrow (Tuesday, December 16, 2014).  The State’s attorneys, led by Justin O’Brien, sought to block the deposition on multiple fronts including attorney-client privilege.

Throughout Greenstein’s testimony before the grand jury, he repeatedly emphasized that Russo serves as the personal legal attorney for the head of the DHH and thus served as Greenstein’s personal attorney during his tenure as head of the agency.  As such, Unglesby relayed to Judge Kelley that any attorney-client privilege had unequivocally been waived through Greenstein’s grand jury testimony. Unglesby said Greenstein was present in court and would be more than happy to state to the court that he waived any attorney-client privilege. O’Brien also indicated to Judge Kelley that the intended line of questioning by Unglesby was overly broad. Unglesby, however, countered that argument by holding up a small folder and relaying his intent to be laser-focused on the pertinent discussions between Russo and Greenstein during the critical period entailing the awarding of the contract.

On two separate occasions, Unglesby made brief reference to material in Greenstein’s grand jury transcript. O’Brien objected and asked that Judge Kelley order the courtroom cleared since statements were about to be made regarding grand jury testimony. Unglesby countered by relaying that the AG’s Office had, and he emphasized that Caldwell may have “likely acted illegally” in doing so, made the grand jury transcript public. Grand jury secrecy, therefore, was no longer an issue. Judge Kelley concurred and emphasized that he’d even read the grand jury testimony accounts in the newspaper and therefore would not be clearing the courtroom.

At one point, O’Brien wanted to introduce into evidence a document that he said would demonstrate that John McLindon, Greenstein’s attorney, had provided contradictory statements.  Judge Kelley relayed he’d be happy to look at anything as long as opposing counsel had seen it first.  When O’Brien presented a copy to McLindon, he (McLindon) immediately relayed, “That was filed under seal.”   Upon hearing that, Judge Kelley relayed that, if the document was filed under seal, nobody, including him, should be looking at it.

Judge Kelley informed Unglesby that it would not be necessary to have Greenstein waive any attorney-client privilege at the day’s proceeding and ruled that the deposition could proceed as scheduled.  Judge Kelley was very specific in justifying his ruling in relaying that, in the court’s view, attorney-client privilege had certainly been waived, and he further emphasized that the intended scope of the deposition was in conformity with Louisiana Code of Civil Procedure in terms of not being overly broad nor designed to harass the deponent.

O’Brien asked Judge Kelley to stay his order pending a writ being filed with the First Circuit Court of Appeal.  Judge Kelley relayed, “I’m not staying anything.  If you take issue with my ruling, you can file that with the First Circuit, but I want to be understood on this matter.  In the court’s view, this matter is clear.  It’s straightforward.  The court views this matter as being very clear and I want it into the record that’s the court’s view.”  After O’Brien sought for Judge Kelley to reiterate that he felt it was clear (which Judge Kelley did reiterate), he pulled out a pre-drafted order and asked if Judge Kelley would sign it for the Frist Circuit to consider a stay on his ruling.  Judge Kelley relayed that, upon filing, O’Brien could bring the document back up for him to sign (even relaying he could interrupt court if necessary due to the urgency of the matter).

Assuming the First Circuit doesn’t grant a stay, it sure would be interesting to be able to sit in on tomorrow’s deposition.  The one thing that was evident today is that the State’s attorneys clearly fear Unglesby being able to question Russo about that critical timeframe and communications he had with Greenstein entailing the awarding of the contract.  Based on Greenstein’s willingness to show up at today’s hearing and relay that he’d be happy to formally waive any attorney-client privilege, it seems obvious that Greenstein and McLindon feel they will likely reap a spillover benefit from the deposition entailing Greenstein’s criminal defense.

So, even though the big headlines of the CNSI contract awarding and cancellation may entail Greenstein’s indictment, the far more intriguing aspect of that contract appears to be playing out in the CNSI civil trial in Judge Kelley’s courtroom.  Stay tuned folks, Louisiana Voice will keep readers informed as further court hearings transpire.

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