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Archive for the ‘Ethics’ Category

prevaricator

[pri-var-i-key-ter] /prɪˈvær ɪˌkeɪ tər/

noun

  1. a person who speaks falsely; liar.
  2. a person who speaks so as to avoid the precise truth; quibbler; equivocator.

Bobby Jindal loves to throw around the “L-word.”

So much so that we at LouisianaVoice are beginning to let it creep into our vocabulary when writing about Bobby.

Of course, his “L-word” and our “L-word” have completely different meanings.

For him, it’s invoked when reacting to the “Liberal” media’s calling him out on his claims of being the savior for Louisiana’s health care, education, economy, ethics and general well-being.

For us, the “L-word” denotes Liar, as pathological Liar.

A pathological liar is defined as an abnormally habitual liar, or a person who lies to the point that it is considered a disease or condition. That would be Bobby Jindal, the man who took ideas from medical experts when he headed up the Department of Health and Hospitals, implemented those ideas and called them his own.

Before you get the wrong idea, we don’t reside in a dream world where the sun is always shining and the grass is always green. We know politicians lie. Former Gov. Edwin Edwards once said it went with his job.

We understand that just as we can predict that in the upcoming gubernatorial election, one of the candidates is certain to stretch the truth a bit by claiming that then-State Rep. David Vitter’s vote against tabling House Bill 1013 way back in 1993 was because he supported gay rights. http://louisianavoice.com/

Anyone who knows Vitter knows better than that (maybe hooker rights, but that’s another story for another day). His voting not to table the bill that would have made it illegal for employers or insurers to discriminate based on sexual orientation was merely an effort to keep the bill alive for full floor debate where it was certain to have been defeated.

But Bobby Jindal elevates lying to an art form At least he tries to, but his prevarications are so disingenuous as to appear laughable—except the joke is on us.

Take that letter that Jindal recently wrote to the New York Times http://www.nola.com/politics/index.ssf/2015/03/bobby_jindal_defends_his_recor.html#incart_river  in response to the paper’s editorial about governors being unable to hide from their records http://www.nytimes.com/2015/03/01/opinion/sunday/governors-can-run-but-they-cant-hide.html?_r=0 and the column about the Jindal implosion http://www.nytimes.com/2015/03/23/opinion/charles-blow-gov-jindals-implosion.html by  Times writer Charles Blow who just happens to be from the north Louisiana town of Gibsland and who was a Grambling State University honor graduate.

In that letter, Jindal repeated the claim that he had cut the state payroll by “30,000 workers.”

Liar.

The Louisiana Office of Civil Services issues monthly layoff reports and contained in that monthly report is a year-by-year accounting of the number of civil service positions eliminated and the number of employees laid off. February 2015 Layoff Report

Since Fiscal Year 2008, which began six months prior to Jindal’s taking office in January of 2008, through the end February 2015, there have been a grand total of 13,577 positions eliminated and 8,396 employees laid off. The difference is apparently 5,181 eliminated positions were already vacant and simply not filled. Taking either number, you have far fewer than half the 30,000 claimed by Jindal.

“This fiscal responsibility resulted in eight straight upgrades by the major credit agencies,” he said in his letter, while neglecting to mention that two major rating agencies, Moody’s and Stand & Poor’s recently moved the state’s credit outlook from stable to negative while threatening the more severe action of a downgrade. http://louisianavoice.com/2015/02/14/two-major-investment-rating-firms-downgrade-louisiana-to-negative-state-is-now-officially-at-the-financial-end-game/

“And what did lower taxes do for our economy? They spurred growth,” he said. “Louisiana now has higher incomes…”

Liar.

The state’s per capita income while increasing 1.1 percent from 2012 to 2013, has actually decreased overall since 2008 and continues to lag nearly $3,500 behind the national average while the median family income decreased by more than $2,500 and trailed the national median family income by more than $8,000. http://www.deptofnumbers.com/income/louisiana/

http://www.nola.com/politics/index.ssf/2012/09/louisiana_ranks_poorly_on_late.html

Were it not for Mississippi and the District of Columbia, Louisiana’s poverty rate (by household income) of 18.3 percent would be the highest in the nation. (Mississippi’s poverty rate is 20.1 percent and D.C. has a poverty rate of 20.7 percent.) http://en.wikipedia.org/wiki/List_of_U.S._states_by_poverty_rate

Moreover, our already stratospheric poverty rate is continuing to rise. http://www.labudget.org/lbp/2013/09/poverty-on-the-rise-in-louisiana/

“…more jobs…”

Liar.

The February unemployment rate for Louisiana (the latest figures available) was 6.7 percent, compared to 5.5 percent for the rest of the country. The rate was 4 percent when Jindal took office but three years into his first term, the rate had risen to 8 percent before dropping below 6 percent in 2014 and spiking again this year. http://www.deptofnumbers.com/unemployment/louisiana/

“…and more people than we’ve ever had in the history of our state.”

Perhaps, but when those who were evacuated to other states in the aftermath of hurricanes Katrina and Rita return, that does not signify population growth. That’s just folks coming home after a hiatus of a few years.

But no matter. Jindal long ago staked out his position on immigration reform. http://www.ontheissues.org/Governor/Bobby_Jindal_Immigration.htm

But while he is claiming “more people than we’ve ever had in the history of our state,” he may wish to take a closer look at what the numbers mean.

Yes, it’s true that the state’s population grew by 64,396 (an increase of 1.44 percent from 2000 to 2010). But the state actually lost 20,426 (-.47 percent) in the number of residents “not Hispanic or Latino origin” while registering a gain of 84,822 (78.7 percent increase) in the number of people of “Hispanic or Latino origin.” http://censusviewer.com/state/LA

How’re you gonna square those numbers with your stand on immigration reform, Bobby? You can’t very well boast of population growth and decry the influx of Hispanics in the face of those facts.

“A larger gross domestic product…”

Shoot, on this we don’t even beat Mississippi. Of the 12 states in the Southeast Region, our GDP ranks eighth and barely nudges out Virginia, Tennessee, Alabama and South Carolina. http://www.bea.gov/newsreleases/regional/gdp_state/2014/gspSE_glance.htm

Back in February, Jindal told a reporter for the Christian Science Monitor that Louisiana’s higher education budget “is actually a little bit, just slightly, higher than when I took office.” http://www.washingtonpost.com/blogs/fact-checker/wp/2015/02/11/jindals-claim-that-louisianas-higher-education-budget-is-slightly-higher/

“Wait. Wha…?

LIAR!

No, Bobby, that’s a DAMN LIE!

Anyone who can make that claim with a straight face has some serious mental issues of either being unable to separate face from fantasy or of just being unable to tell the truth—even in the face of overwhelming evidence to the contrary.

Even the Washington Post, for whom he often pens his op-ed pieces when not stumping for the Republican presidential nomination, called him out on that one. http://www.washingtonpost.com/blogs/fact-checker/wp/2015/02/11/jindals-claim-that-louisianas-higher-education-budget-is-slightly-higher/

Remember when Jindal promised that premiums for the Office of Group Benefits would not increase and benefits would not decrease under his privatization plan?

Liar.

And remember how he told us that health care for the state’s poor population would actually improve and the state would save millions by jettisoning those burdensome state hospitals?

Liar.

Team Jindal moves toward developing a medical corridor along Bluebonnet Boulevard and Essen Lane in South Baton Rouge while creating a medical wasteland north of Government Street (thereby protecting medical care for the affluent population but not so much for the poorer, largely black population of North Baton Rouge). Baton Rouge General Mid City (north of Government by a couple of blocks), as part of that plan, is being forced into closing its emergency room facilities next week and there’s good reason to expect similar crises at private hospitals in Lake Charles, Shreveport and Monroe. In fact, the problems are already starting in Shreveport. http://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=6CI2I0hA

And, of course, there was Jindal’s claim of the infamous “no-go” zones in England in the face of all those apologies by Fox News for initiating the story.

Liar.

It appears Bobby made that claim purely for the sake of political expediency, the worst reason of all. http://www.cnn.com/2015/01/19/politics/jindal-no-go-zones-london/

Jindal, of course, did that major flip-flop on Common Core and is somehow managing to link the Common Core to the radical teaching of American history at the cost of something called “American exceptionalism.”

Liar.

So you’ve changed your position on Common Core. But you overlooked (deliberately, we strongly suspect) one minor detail: Common Core deals only in math and English, not history. http://www.breitbart.com/big-government/2015/02/06/bobby-jindal-what-happens-when-we-stop-teaching-american-exceptionalism-to-our-students/

Finally, there is the biggest Lie of all:

“I have the job I want.”

LIAR!

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Troy Hebert is nothing if not:

  1. inconsistent
  2. obfuscating
  3. controversial
  4. all the above

Hebert, Bobby Jindal’s brilliant (sarcasm, folks, sarcasm!) choice to succeed former Director of the Louisiana Office of Alcohol and Tobacco Control (ATC) Murphy Painter after Team Jindal set Painter up on bogus criminal charges, has stumbled into one administrative fiasco after another.

In fact, the manner in which Hebert has run his office might even be considered a microcosm of the Jindal administration, so frighteningly reminiscent is it to the way he seems to emulate his boss.

Just as Jindal attempted (unsuccessfully) to flex his muscles (figuratively, of course; it be absurd to suggest otherwise) after Painter refused to knuckle under to demands from former Chief of Staff Steve Waguespack that a permit be issued to Budweiser to erect a tent at major Jindal campaign donor Tom Benson’s Champion’s even though Budweiser had not met the legal permit requirements, so has Hebert attempted to destroy the careers of agents serving under him for reasons that consistently failed to rise above the level of political pettiness.

Jindal, who accused Painter of abusing his office, apparently overlooked the fact that Hebert, while serving in the Louisiana Legislature, nevertheless saw nothing wrong with working under a state contract for debris cleanup after Hurricane Katrina.

Not only was Painter acquitted in his federal criminal trial, but he then sued his accuser in civil court—and won.

Likewise, Hebert has been sued by former agents for racial discrimination and has been forced to settle at least one such claim. Other complaints are pending as this is being written. Part of the basis for those complaints was Hebert’s confiding in Tingle that he was “going to f**k with” two black agents and that he intended to break up the “black trio” in north Louisiana—in reference to agents Charles Gilmore, Daimian McDowell and Bennie Walters.

And in the case of Brette Tingle, Hebert went to the extreme of attempting to get three different agencies to say there was a criminal payroll fraud case against Tingle—and in each case he failed to get his needed approval. Tingle’s sin? He was listed as a witness for the three black agents who have lodged EEOC complaints against Hebert. That left Hebert with only one logical course of action (logical in Hebert’s mind, that is). He fired Tingle while Tingle was recuperating from a heart attack.

ATC employees Terri Cook and Sean Magee tracked GPS locations of agents and emailed agents and their supervisors on a daily basis so that any issues, discrepancies or inconsistencies raised by the GPS reports could be addressed in a timely manner.

Yet, despite Hebert’s claims that Tingle was not working when he said he was or that he made an unauthorized trip into Mississippi, the issues were never raised by Cook or Magee, according to Tingle’s attorney J. Arthur Smith.

In fact, Smith pointed out that Tingle traveled to Kiln, MS. On May 2, 2012—at Hebert’s express approval—“to obtain surplus gun cleaning kits from his (Tingle’s) Coast Guard unit which were then issued to agents in your (Hebert’s) presence at a meeting at the Baton Rouge ATC headquarters with all enforcement agents as well as business division employees present.”

Smith also said that Tingle “was assigned FDA compliance checks (for tobacco sales to minors) while out on sick leave.” Upon his return to work, Mr. Tingle informed (Hebert) that he could not complete the assigned compliance checks because of other collateral duties which Hebert had assigned him. “These collateral duties included meeting with Trendsic Corp. and newly hired IT employee Keith McCoy to discuss several ideas that Mr. Tingle brought to you and that you wanted implemented before Mr. Tingle left on military leave.

“In this conversation,” Smith continued in his March 10 letter to Hebert, “you instructed Mr. Tingle to ‘get someone else to do those checks.’ Mr. Tingle also served a hearing officer and Internal Affairs Investigator for the ATC. These collateral duties, as well as your special assignments to him, were not part of Mr. Tingle’s regular job duties. You never at any time excused Mr. Tingle from performing these additional responsibilities,” he said.

Moreover, Smith noted, Tingle, Hebert initiated reprisals against Tingle because of statements provided by Tingle in a federal EEOC racial discrimination action filed against the ATC and Hebert even though Tingle “received the highest marks on his annual performance evaluation of all ATC enforcement agents. You signed this evaluation in July 2012,” Smith said.

That same month Hebert contacted Tingle, who was on vacation, by telephone in July of 2012, Smith said, to inquire into specifics concerning programs and initiatives that were part of an ATC pilot program for the New Orleans area initiated by Tingle. Upon learning of Tingle’s participation as a witness in the discrimination matter, however, Hebert claimed on Oct. 4, 2012, that Tingle had committed payroll fraud and further told OIG investigators that no such pilot program existed, according to Smith’s letter to Hebert.

The pilot program, Tingle said, involved programs not being done in other parts of the state. For example, a plan promoted by the AARP to improve blighted areas. ATC, he said, worked with AARP to provide alternative business plans to bar owners who have had their licenses suspended or revoked.

Hebert and New Orleans Mayor Mitch Landrieu held a joint press conference in July of 2012 to announce the program that Tingle initiated. http://www.nola.gov/mayor/press-releases/2012/20120717-mayor-landrieu-and-atc-commissioner-troy/

It was during this press conference that Hebert called a vacationing Tingle for information on the pilot program.

Tingle said Hebert has never followed through on any of the facets of the program.

In mid-January of 2013, Hebert launched an investigation into Tingle’s wife, Traci Tingle, who had recently retired from ATC, claiming that she had falsified state documents and that she had released personnel records to someone outside ATC.

The nature of the personnel records Hebert accused Traci Tingle of releasing was not made clear because Hebert never explained what they were. The state documents referred to, however, were inventory reports in which Traci Tingle had affirmed that the ATC had office equipment in an office in Vidalia, across the Mississippi River from Natchez. Hebert claimed “there was no Vidalia office,” Smith said, but when an ATC employee contacted the Vidalia Police Department about the matter, the Vidalia Police Department confirmed there was an ATC office in that town and that the office still contained ATC equipment.

It was unclear why Hebert would assert that ATC had no office in Vidalia unless the claim was made as a means of attempting to incriminate Traci Tingle.

What is clear, however, that Hebert is molding the agency into his personal fiefdom. He claims he has never fired a black agent but the evidence says otherwise. He also doesn’t say much about intimidating blacks—or transferring one from Shreveport to New Orleans without so much as day’s notice—to the point that they leave of their own accord.

The thing to keep uppermost in mind is that he is Jindal’s hand-picket director, specifically plucked from the legislature to succeed the man whom Jindal railroaded out of office with bogus criminal charges that were subsequently laughed out of court—all because that man, Murphy Painter, insisted that applicants (even those connected to big campaign donors like Tom Benson) conform to the rules when submitting applications for permits.

LouisianaVoice saw a railroad job then and we called it just that—when no other members of the media would come to the defense of Painter. We’re again seeing a railroad job and again, we’re calling it just that.

Jindal, of course, does not preside over the ATC Office but his policies, like a certain substance, flow downhill.

And right now, they’re stinking up the ATC Office.

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By now, everyone who isn’t emotionally involved with Dancing with the Stars or Bachelor, is acutely aware that the state, going into the 2015 legislative session, is flirting with a $1.6 billion budget deficit.

And that doesn’t even take into consideration the growing backlog of sorely needed infrastructure repairs for state highways and universities totaling well over a billion dollars. Nor does it include previous deep cuts to health care and higher education.

Things are so bad that an increasingly desperate Bobby Jindal, running out of state buildings, vehicles and hospitals to sell or agency funds to raid, is even looking to sell the remainder of the state tobacco settlement money and the State Lottery in order to generate yet even more one-time revenue to cover recurring expenses.

And remember, this is the man who told the Monroe News-Star he was leaving the state in better shape than he found it. http://www.thenewsstar.com/story/news/politics/2015/03/13/gov-jindal-want-finish-strong/70262992/

Still, every year those non-government organizations (NGOs) make the obligatory trek to Baton Rouge with hands out, asking that legislators appropriate funding for their organizations. This year is no exception as 80 individual entities have submitted requests for funding of 89 separate projects totaling nearly $241.3 million.

Of that amount, $116 million, or 48 percent, were for NGOs in the greater New Orleans area.

Many of the requests are from the usual worthy organizations like councils on aging, youth groups and charitable organizations.

Among the larger requests:

  • $26 million for the Foundation for Science & Math Education in New Orleans;
  • $17.2 million for the Girl Scouts of Louisiana East in New Orleans;
  • $4.4 million for Kingsley House in New Orleans;
  • $1.6 million for the Louisiana Arts & Science Museum in Baton Rouge (two projects);
  • $8 million for the Louisiana Children’s Museum in New Orleans;
  • $5 million for the Louisiana Food Bank Association in Baton Rouge;
  • $4 million for the Louisiana Regional Leadership Council in Lafayette;
  • $27.7 million for a National Hurricane Museum and Science Center in Lake Charles;
  • $1.4 million for renovations to VFW Post 8852 in Alexandria;
  • $14.9 million for the North Desoto Water System in Stonewall;
  • $4.1 million for the Ogden Museum of Southern Art in New Orleans;
  • $1.2 million for Sci-Port (Louisiana’s Science Center) in Shreveport;
  • $10.7 million for repairs at the State Fair of Louisiana in Shreveport;
  • $2.1 million for Administrators of the Tulane Education Fund in New Orleans;
  • $4.3 million for Lighthouse for the Blind in New Orleans;
  • $4.9 million for the Louisiana Association for the Blind in Shreveport;
  • $3 million for the Baton Rouge Empowerment Foundation;
  • $10 million for the Gulf Coast Restoration and Protection Foundation in Baton Rouge;
  • $7 million for the Second Harvest Food Bank of Greater New Orleans and Acadiana;
  • $2 million for the New Orleans Jazz Orchestra;
  • $2.6 million for Loyola University in New Orleans;
  • $1.1 million for WYES Educational Television in New Orleans;
  • $11.8 million for University Hospital & Clinics in Lafayette (two projects);
  • $37.3 million for the Audubon Nature Institute in New Orleans;
  • $5.68 for the Biomedical Research Foundation Northwest in Shreveport;
  • $4.5 million for the NOLA Motorsports Hospitality Committee in New Orleans.

The last four warrant particular attention.

While all such organizations are barred from making political contributions because of their non-profit status, officers and members of their boards of directors are not bound by such restrictions. Jindal received $167,000, various members of the Louisiana House and Senate got $65,650, and the Louisiana Republican Party was the beneficiary of another $26,000 from seven principals connected with those four organizations.

University Hospital in Lafayette has been taken over by Lafayette General Medical Center in Jindal’s sweeping state hospital privatization scheme which raises immediate question of why the state should be funding projects at that facility.

Same for the Biomedical Research Foundation of Northwest Louisiana, which last year assumed operation of LSU Medical Center in Shreveport and E.A. Conway Medical Center in Monroe. The foundation received $5.7 million in state largesse last year.

The Audubon Institute receives millions of state dollars every year, much of which goes to the upkeep of the institute’s golf course. Last year, for example, Audubon Institute received $16.8 million in legislative appropriations.

But for sheer audacity, we give you the NOLA Motorsports Hospitality Committee. Here is its summary justifying its request for $4.5 million:

  • NOLA Motorsports Park in Jefferson Parish, through a competitive process, has been selected as the site for an INDYCAR event to be part of the championship Verizon INDYCAR Series. The selection was made, in part, because of the availability of a venue for the Event and related activities, transportation infrastructure, personnel, commitment to comply with the required specifications, and because of the collaborative relationships that have been established with other support entities. The Nola Motorsports Host Committee, Inc., a non-profit corporation, has committed to host a first-class Event and to plan and provide a unique and entertaining visitor experience for all which will include live music from Louisiana artists, regional cuisine, and demonstrations of Louisiana’s culture to enhance the visitor experiences for all participants including drivers, team owners, team supporters, corporate sponsors, family and guests, media, and other attendees; and
  • The public purpose of the Event is to provide supplemental funding to the Nola Motorsports Host Committee, Inc. to host the inaugural Indy Grand Prix of Louisiana which will support the expansion and promotion of tourism by producing an event that is projected to stimulate substantial growth in the Louisiana tourism industry, resulting in job creation and other increased economic activity, including the generation of tax revenue for state and local governments. Nola Motorsports Host Committee has secured a preliminary economic impact analysis from Formula, LLC which indicates an estimated economic impact of $27.8 million annually from the Event. INDYCAR has guaranteed a 3-year lifecycle of the Event with the goal of the Event being an annual occurrence. The goal is to attract visitors to Louisiana and to maintain awareness and a positive image of Louisiana as a unique and desirable travel destination. It is anticipated that the public benefit is proportionate to the obligations undertaken by the State. The State will receive tourism publicity and recognition for its support through verbal acknowledgements, media events, and in other related publicity associated with promoting and publicizing the Event.

But wait. Didn’t this same organization receive $4 million from the state just last year for track improvements after Jindal made a commitment to the track owners to come through with the money?

Well, yes and no.

This is where things get a bit murky.

You see, last year, when Jindal yanked a $4.5 million appropriation away from the developmentally disabled, it was to give the money to NOLA Motor Club (The NGO got $4 million, not the $4.5 it requested), a corporation that was established in September of 2009 and which remains in good standing.

This year, however, the $4.5 million request came from a corporation calling itself NOLA Motorsports Host Committee, established last June.

Both corporations listed their addresses at 11075 Nicolle Blvd. in Avondale, however, but had different officers, according to corporate records on file with the Secretary of State’s office.

But wait. There is a third entity: NOLA Motorsports established in May of 2008 and located at 2251 Drusilla Lane, Suite B in Baton Rouge. But that corporation is listed as inactive and records show its corporate status was revoked on Aug. 16, 2013.

One of the officers of NOLA Motor Club was Laney Chouest.

While Laney Chouest was listed as an officer for NOLA Motor Club, he is not listed among the officers for NOLA Motorsports Host Committee. It is nevertheless interesting to note that he, other members of the Chouest family and their many business enterprises have made $166,300 in campaign contributions since 2003. They include $43,800 to various legislators, $26,000 to the Louisiana Republican Party and $96,500 to Jindal.

What best illustrates the arrogance of that fiscally irresponsible appropriation, the thing that pushed it to the status of virtual malfeasance, is the fact that the Senate Finance Committee, taking its cue from Jindal, ripped $4.5 million from the budget for Louisiana’s developmentally disabled in order to free up the money for the racetrack. The lone dissenting vote was that of State Sen. Dan Claitor (R-Baton Rouge). http://louisianavoice.com/2014/05/26/senate-finance-committee-craters-to-jindal-rips-4-5-million-from-developmentally-disabled-for-racetrack/

But what compounds that unconscionable act was the motivation behind Jindal’s action.

The man who for his entire term of office has railed against government encroachment (see: federal stimulus funds, Common Core, medical care, prisons, etc.), obviously based his justification on political expedience and using state government to take care of his contributors.

Though Laney Chouest is not listed among the officers for NOLA Motorsports Host Committee, it is nevertheless interesting to note that he, other members of the Chouest family and their many business enterprises have made $166,300 in campaign contributions since 2003. They include $43,800 to various legislators, $26,000 to the Louisiana Republican Party and $96,500 to Jindal.

Two members of the Senate Finance Committee, Robert “Bret” Allain (R-Franklin) and Norbert “Norby” Chabert (R-Houma), received $2,500 each from Gary Chouest in 2010 and 2011.

Isn’t it interesting how a state so broke as to find itself unable to fund things like highway and bridge repair, health care, higher education, and a host of other essential services, can find $4 million for a race track, $7.7 million for golf courses across the state, $35.1 million for professional sports facilities, $10.1 million for local sports complexes, and another $3 million for baseball stadiums (including $1.4 million for a baseball stadium in Baton Rouge, when we don’t even have a team here)?

It will certainly be interesting to follow the outcome of some of these NGO requests.

Especially those last four on the list.

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There’s nothing left to be said other than to say Bobby Jindal is bat guano crazy.

The Louisiana Office of Group Benefits (OGB) was cruising along in 2011, providing virtually complaint-free quick turnarounds on medical claims for state employees, retirees and their dependents.

But then Bobby Jindal saw a way to undercut premiums in his privatization scheme which allowed the state to be obligated for less in its share of matching premiums so that Jindal could rake in some extra cash to cover his backside, aka budget deficit.

The result, as just about everyone who follows this sham of an administration knows, was that the $500 million reserve fund was all but wiped out.

Bobby Jindal, after having first jerked $40 million in funding for state colleges and universities, reversed himself again by taking $30 million from a federal hurricane recovery fund.

Bobby Jindal has shrunk the state’s rainy day fund from $730 million when he took office to $460 million and a $450 million fund to subsidize companies for investing in the state has evaporated as is the $800 million balance in the Medicaid Trust Fund for the Elderly.

And after giving away billions of dollars in tax breaks, incentives, rebates and exemptions for business and industry in an effort to spur economic development, we learned today (March 18) that Louisiana’s unemployment rate was third highest in the nation. http://www.politico.com/magazine/story/2015/02/bobby-jindal-campaigning-114948_Page2.html#.VQoeJ005Ccw

The one constant in all this is the Louisiana State Lottery, which since a 2004 Constitutional amendment has dedicated proceeds to the Minimum Foundation Formula (MFP) for public education.

Since the lottery’s approval by voters in 1990 and its implementation in 1991, the lottery, which is mandated to transfer 35 percent of proceeds to the state treasury, has contributed $2.8 billion to the state.

In 2014, sales were $450 million and $161 million of that was transferred to the state.

Also, 2014 marked the 13th consecutive year that the lottery has transferred more than $100 million to the state.

Why do we tell you all this?

Well, only because the administration of Bobby Jindal is currently entertaining the notion of selling bonds that guarantee future State Lottery profits in order to raise some $467.7 million in one-time money to help plug a $1.6 billion hole in the state budget.

Wait. What? Sell the State Lottery?

Yup.

State Treasurer John Kennedy tells LouisianaVoice that the administration is “seriously considering” two separate proposals to take over the lottery and to pay the state one time money.

The two proposals were from Wall Street banking firms Goldman Sachs and Citigroup. While Citigroup did not specify an amount, Goldman Sachs said, “Based on lottery revenue growth of at least 1.5 percent annually, the state could raise approximately $428 million and preserve a minimum contribution to the MFP of $160.2 million.” Goldman Sachs Presentation – March 2015

Citigroup Presentation – March 2015

With 13 consecutive years of receipts of more than $100 million and total receipts of $2.8 billion since 1992, $428 million in quick cash appears to be a terrible deal for the state—not that Bobby Jindal gives—or ever gave—a flying fig about this state.

Let’s first take a look back at the history of lotteries in Louisiana.

In 1868, the Louisiana Lottery Co. was authorized and granted a 25-year charter after a carpetbagger criminal syndicate from New York bribed the Legislature into approving the lottery and establishing the syndicate as the sole lottery provider.

Because it was an interstate venture, 90 percent of the syndicate’s revenue came from outside Louisiana. Because it was so profitable, when efforts were made to repeal the charger, bribes to legislators ensured the effort’s failure.

Ten years after it was approved, Louisiana had the only legal lottery remaining in the company. When Congress passed a prohibition against operating lotteries across state lines, the Louisiana Lottery was finally abolished in 1895. When it was disbanded, reports of ill-gotten gains and bribery surfaced. http://www.library.ca.gov/crb/97/03/chapt2.html

But even more worrisome are the histories of the two Wall Street banking firms who submitted proposals for taking over the Louisiana Lottery.

And even though Kennedy said Commissioner of Administration Kristy Nichols has said the lottery won’t be sold, the mere fact that two proposals for just that scenario have been simultaneously submitted by Goldman Sachs and Citigroup cannot be considered as coincidence. Both investment banking firms pointed that similar actions have been taken by Oregon, Florida, Arizona and West Virginia.

And what about the integrity and professional ethics of the two companies?

That’s a fair question, so let’s look at the records.

Goldman Sachs:

Citigroup:

So now the administration suddenly receives “unsolicited” proposals for the sale of the Louisiana State Lottery from two Wall Street banking firms with checkered backgrounds. (But admittedly, it would be difficult to find a Wall Street bank—or banker—these days that is not under a similar cloud.)

A Division of Administration (DOA) source said Bobby Jindal feels that, unlike his desire to sell the remainder of the tobacco settlement in yet another desperate effort to raise one-time revenue, he would not need legislative approval to sell the State Lottery. “We feel legislative approval would be required, but the governor apparently feels otherwise,” Kennedy said.

The State Treasurer added that he felt if Bobby Jindal does intend to sell the State Lottery, “he will wait until after the legislative session has adjourned and then direct the Lottery Corporation to take the action.”

The nine lottery corporation members are appointed to staggered terms by the governor. Kennedy serves as an ex-officio member. Three members, Christopher Carver ($2,000), Heather Doss ($1,000), and Lawrence Katz, combined to contribute $8,000 to various Jindal campaigns since 2003.

 

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Troy Hebert strikes again. http://www.atc.rev.state.la.us/commissioner.php

The controversial head of the Louisiana Office of Alcohol and Tobacco Control (ATC), who already has racial discrimination lawsuits pending against him after settling similar claims, has fired a veteran ATC agent while the agent was recovering from a heart attack after first having failed to do so while he was on active duty in the Coast Guard Reserve.

Hebert fired agent Brette Tingle of Prairieville by letter dated Feb. 9 which was hand delivered to Tingle’s home where he was convalescing from a heart attack.

Hebert took the action based on accusations of payroll fraud and misuse of federal grant funds after three investigations by two separate state investigative agencies cleared Tingle of any wrongdoing—and after Tingle, who is white, testified on behalf of three black ATC agents who filed a federal discrimination lawsuit against Hebert. Tingle said Hebert told him, “I’m going to f**k with Charles (Gilmore) first, then with Larry Hingle” in an effort to force them to leave the agency. Gilmore and Hingle are two of the three black agents who have filed suit against Hebert and ATC.

Tingle’s attorney, J. Arthur Smith of Baton Rouge, in an 11-page letter, has appealed the firing, accusing Hebert of “agency shopping” in his attempt to build evidence against Tingle in retaliation for his testimony in support of his fired colleagues.

Hebert’s tenure since being appointed by Bobby Jindal in November of 2010 has been tumultuous at best and disruptive to the entire agency, according to several agents who have talked privately—and publicly—with LouisianaVoice.

One of the most absurd rules put in place by Hebert was one which requires agents to spring to their feet and offer a verbal “good morning, Commissioner” whenever Hebert entered a room where agents were gathered.

Another order which conceivably could have placed an agent’s life in danger was his instruction to an agent who had been working undercover in bars in New Orleans in efforts to buy illegal drugs from dealers to cease undercover activities and to return to patrolling those same bars in full uniform.

Hebert’s accusations of payroll fraud stem from a GPS tracking system installed on ATC vehicles which Hebert said showed Tingle’s vehicle was at his home during hours he said he was working.

In leveling that accusation against his former agent, Hebert ignored that fact that Tingle often worked undercover in tandem with other law enforcement agencies, including the Ascension Parish Sheriff’s Office and the New Orleans office of the Food and Drug Administration (FDA). Together, they would conduct regular alcohol and tobacco compliance checks and it was commonplace for one of the agents to leave his state vehicle behind while conducting checks since using the state vehicle would defeat the purpose of undercover work.

When Hebert’s office was found out of compliance and ineligible for more than $100,000 in grant money from the U.S. Drug Enforcement Agency (DEA), Hebert laid the blame at Tingle’s feet even though the ATC compliance officer was Louis Thompson and not Tingle, attorney Smith said, adding that Thompson had been in charge of compliance for ATC for the entire 10 years that Tingle served as part of the DEA task force.

“These allegations are your third attempt to defame, intimidate and retaliate against Mr. Tingle,” Smith said, “because he has assisted and participated in the investigation and proceedings in connection with the EEOC charge and subsequent litigation in the case of Charles Gilmore.”

Gilmore is one of the black agents who has filed a federal lawsuit against Hebert and ATC.

Coincidentally, when the Jindal administration decided to go after former ATC Director Murphy Painter, the Louisiana Department of Revenue (LDR), which is over ATC, immediately launched its own investigation of Painter and federal charges of malfeasance were brought against him. He was subsequently acquitted and then won his own civil defamation suit against his accusers.

It was first shown by LouisianaVoice and later in his trial that the charges against Painter were retaliatory in nature and initiated by the Jindal administration after a dispute over his refusal to issue a permit to Budweiser to erect a tent at Champions Square across from the Louisiana Superdome. http://louisianavoice.com/2013/02/06/emerging-claims-lawsuits-could-transform-murphy-painter-from-predator-to-all-too-familiar-victim-of-jindal-reprisals/

Oddly, LDR, which has known of the Gilmore allegations since October of 2012, has yet to interview anyone about Gilmore’s claims or to initiate an investigation into the charges.

In his letter, Smith said the first attempt to bring charges against Tingle “was initiated when you (Hebert) employed (Baton Rouge law firm) Shows, Cali & Walsh to draft documentation based on one-sided and uncorroborated information. This purported ‘legal opinion’ was found to be unreliable by the Office of Inspector General (OIG).”

No surprise there. Shows, Cali & Walsh, which held 16 contracts worth a combined $3 million, skated perilously close to sanctions last year over evidence manipulation in the case of overheating on death row cells at Louisiana State Penitentiary at Angola. http://louisianavoice.com/2014/01/03/baton-rouge-law-firm-with-3-million-in-state-contracts-faces-legal-sanctions-over-evidence-manipulation-in-angola-lawsuit/

“Your second attempt,” Smith continued, “was initiated in 2013-2014 when you sent a complaint to the OIG alleging that (Tingle’s actions) constituted a criminal mater.

“…OIG conducted an extensive investigation …and determined that your allegations were not accurate enough to be utilized in making a case of payroll fraud.”

Bear in mind here that Hebert is head of a law enforcement agency for the State of Louisiana and apparently does not have the capability of building a criminal case or even knowing what constitutes criminal activity.

Not that he hasn’t tried.

“Despite the overwhelming evidence supplied to you by the OIG, …you continued your campaign to defame, intimidate, and retaliate against Mr. Tingle by appealing to … the Louisiana Department of Public Safety (State Police),” Smith wrote.

“You again asserted your professed belief that your alleged facts rise to the level of a crime and you were again informed that your purported facts did not rise to the level of being sufficient to be utilized in a court of law.

“The practice of appealing to multiple investigatory agencies in search of an investigation that supported your ulterior purpose is known in law enforcement as ‘agency shopping’ and is improper,” he wrote.

Smith said that Hebert launched his first investigation into Tingle during the time when Tingle was on active duty in the U.S. Coast Guard and that following a year-long OIG investigation, Tingle and Hebert were informed by letter that indicated no charges would be brought against Tingle.

Even as Hebert was telling Tingle that he intended to get rid of two black supervisors, including Larry Hingle, he was also instructing Hingle to investigate Tingle and Hebert later told Hingle to also investigate Tingle’s wife, also an ATC employee who had recently retired.

Hingle joined Gilmore and a third black ATC agent, Daimian McDowell in filing a federal lawsuit against Hebert, ATC and LDR on Oct. 2, 2012, and Tingle was listed as a friendly witness for the plaintiffs.

More details of the events in Hebert’s office will be forthcoming in a subsequent installment this weekend. Space simply does not allow this full story to be told in a single post.

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