Archive for the ‘Governor’s Office’ Category

In a state drowning in consulting contracts, what’s one more?

Bobby Jindal is a lame duck governor who long ago set his sights on bigger and better things. He has abdicated every aspect of his office except the salary, free housing and state police security that go with the title. In reality, he has turned the reins of state government over to subordinates who are equally distracted in exploring their own future employment prospects.

His only concerns in almost eight years in office, besides setting himself up to run for President, have been (a) appointing generous campaign donors to positions on state boards and commissions and (b) privatizing state agencies by handing them over to political supporters.

To that end there has been a proliferation of consulting contracts during the Jindal years. The legislative auditor reported in May that there were 19,000 state contracts totaling more than $21 billion.

So as his term enters its final months and as Commissioner of Administration Kristy Nichols has less than a month before moving on to do for Ochsner Health System what she’s done for the state, what’s another $500,000?

LouisianaVoice has learned that Nichols signed off on a $497,000 contract with ComPsych Corp. and its affiliate, FMLASource, Inc. of Chicago, to administer the state’s Family and Medical Leave Act (FMLA) program. FMLA CONTRACT

It is no small irony that Nichols signed off on the contract on May 19, less than two weeks after the legislative auditor’s report of May 6 which was highly critical of the manner in which contracts are issued with little or no oversight.

The latest contract removes the responsibility for approving FMLA for state employees and hands it over to yet another private contractor.

Apparently FMLA was just one more thing the Jindal administration has determined state employees are incapable of administering—even though they have done so since the act was approved by Congress in 1993.

Because no state employees stand to lose their jobs over this latest move, the contract would seem to simply be another consulting contract doled out by the administration, obligating the state to more unnecessary expenditures.

Whether it’s farming out the Office of Risk Management, Office of Group Benefits, funding voucher and charter schools, or implementing prison or hospital privatization—it’s obvious that Jindal has been following the game plan of the American Legislative Exchange Council (ALEC) to the letter. That plan calls for privatizing virtually every facet of state government. If you don’t think the repeated cuts to higher education and health care were calculated moves toward ALEC’s goals, think again.

The contract runs from May 17, 2015 through May 16, 2016, and the state agreed to pay FMLAServices $1.45 per state employee per month up to the yearly maximum of $497,222.

Agencies for which FMLAServices will administer FMLA include the:

  • Division of Administration;
  • Department of Economic Development;
  • Department of Corrections;
  • Department of Public Safety;
  • Office of Juvenile Justice;
  • Department of Health and Hospitals;
  • Department of Children and Family Services;
  • Department of Revenue;
  • Department of Transportation and Development.

The legislative auditor’s report noted that there is really no way of accurately tracking the number or amount of state contracts. STATE CONTRACTS AUDIT REPORT

“As of November 2014, Louisiana had at least 14,693 active contracts totaling approximately $21.3 billion in CFMS. However, CFMS, which is used by OCR to track and monitor Executive Branch agency contract information, does not contain every state contract.

“Although CFMS, which is a part of the Integrated Statewide Information System (ISIS), tracks most contracts, primarily Executive Branch agencies use this system. For example, Louisiana State University obtained its own procurement tracking system within the last year, and most state regulatory boards and commissions do not use CFMS (Contract Financial Management System). As a result, there is no centralized database where legislators and other stakeholders can easily determine the actual number and dollar amount of all state contracts. Therefore, the total number and dollar amount of existing state contracts as of November 2014 could be much higher.”

The audit report also said:

  • State law (R.S. 39:1490) requires that OCR (Office of Contractual Review) adopt rules and regulations for the procurement, management, control, and disposition of all professional, personal, consulting, and social services contracts required by state agencies. According to OCR, it reviews these types of contracts for appropriateness of contract terms and language, signature authorities, evidence of funding and compliance with applicable laws, regulations, executive orders, and policies. OCR also reviews agencies’ procurement processes against competitive solicitation requirements of law. The contracting entity is responsible for justifying the need for the contract and conducting a cost-benefit analysis if required.
  • However, state law does not require that a centralized entity approve all state contracts.
  • According to the CFMS User Guide, OCR is only required to approve seven of the 20 possible contract types in CFMS. The remaining 13 types accounted for 8,068 contracts totaling approximately $6.2 billion as of November 2014. Exhibit 2 lists the 20 types of contracts in
  • CFMS and whether or not OCR is required to approve each type, including the total number and dollar amount of these contracts.
  • In fiscal year 2014, 72 agencies approved 4,599 contracts totaling more than $278 million.

The Office of Contractual Review was since been merged with the Office of State Procurement last Jan. 1.


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When LouisianaVoice attempted through a public records request to obtain an unredacted version of the disciplinary records of a trooper in State Police Troop D, our request was denied. Louisiana State Police Attorney Supervisor Michele Giroir explained that the individual’s rights to privacy outweighed the public’s right to know.

Specifically, her letter of Aug. 18 said:

  • The Department has reviewed your request. It remains the Department’s position that you are not entitled to review the redacted information. The individuals’ rights to privacy established by Article 1, Section 5 of the Louisiana Constitution of 1974, as amended, outweigh the public’s right to know the personal information in this matter….The substance of the matter is personal in nature and not related to (the trooper’s) duties as a state trooper. The information that you reviewed in the letter (in the redacted document we were provided) contains the substance of the conduct for which (the trooper) was disciplined as it related to his duties as state trooper. Providing further information would violate the involved parties’ rights to privacy.

Her decision left us disappointed but at the same time, we understand there are certain rights to privacy that must be upheld.

Apparently Troy Hebert did not get the memo. And now he is being sued for making just such private information public.

Moreover, it appears he may have violated an order from a Civil Service hearing referee not to discuss the matter with anyone, “including the media.”

Actually, his actions only provided cause for the filing of an amendment to a lawsuit already filed in Federal District Court in Baton Rouge over Hebert’s retaliation against former ATC agent Brette Tingle.

One day after Giroir’s letter, on Aug. 19, Hebert, Director of the Louisiana Office of Alcohol and Tobacco Control (ATC), issued a news release that was disseminated widely over television and print media in which Hebert leaked the contents of private cell phone text messages and emails.

Though Tingle’s communications on his state-issued cell phone contained sexually and racially-charged messages, the messages were to friends and family members, some of them African-American. Such messages are considered private under the Louisiana Constitution, as Giroir said in her letter. Moreover, LouisianaVoice learned in interviewing two African-American agents that some of the racial remarks were made to them but were said in jest. “I say some of the same things he said,” said one African-American agent, a female. “We joke back and forth with each other that way.”

Another African-American who worked with Tingle, Larry Hingle, said he understood the context in which Tingle’s messages were made and that he had no problem with him.

Tingle, in fact, contends that Hebert’s vendetta against him stems from his (Tingle’s) testimony on behalf of Charles Gilmore, one of three African-American ATC agents who filed Equal Employment Opportunity Commission (EEOC) complaints against Hebert. The three, Gilmore, Hingle, and Daimian T. McDowell subsequently filed suit against Hebert in Baton Rouge Federal District Court. http://louisianavoice.com/2014/07/14/forcing-grown-men-to-write-lines-overnight-transfers-other-bizarre-actions-by-troy-hebert-culminate-in-federal-lawsuit/

In his amended lawsuit, Tingle cites the same Article 1, Section 5 of the Louisiana Constitution which says, “Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy.” That pretty much tracks the Fourth Amendment which prohibits unreasonable search and seizure.

The search and seizure of the text messages in this case was (sic) unreasonable because, at the search’s inception, there was (sic) no reasonable grounds to believe that the search would reveal any employee misconduct and because Troy Hebert provoked this search in bad faith, in an arbitrary and maximally intrusive manner, and in retaliation for Brette Tingle’s exercise of protected activity,” Tingle says in his amended petition.

“The plaintiff (Tingle) never consented to Troy Hebert or anybody else searching his private text messages with his friends and family in an intrusive fishing expedition to search for any evidence that Troy Hebert could try to use to avoid the consequences of his overt race discrimination against African-American employees by discrediting Brette Tingle as a witness,” it said.

Moreover, the petition says, Hebert laid out false allegations of payroll fraud against Tingle in his news releases “even though an extensive investigation by the Louisiana Office of Inspector General (OIG) had found no probable cause for the payroll fraud accusation…”

(Both Hebert and the OIG’s Inspector General are appointed by the governor.)

Even more egregious, Tingle says, Hebert read Tingle’s communications aloud to 12 female ATC employees on Aug. 21.

“The extracts of these conversation, which were widely publicized by Troy Hebert, constitute defamation by innuendo and the embarrassing disclosure of personal and private facts,” the petition says. “This is particularly so since these alleged conversations have nothing whatsoever to do with Brette Tingle’s job performance and thus, Troy Hebert had no legitimate interest in publicly broadcasting these alleged private conversations.”

Hebert even hinted that Tingle may have been guilty of setting fire to Hebert’s state vehicle, Tingle said. “In an interview with a New Orleans news outlet, WVUE-TV, on Aug. 19, Troy Hebert…stated that if a person was (sic) to ‘connect the dots,’ it would be clear who vandalized the vehicle.

“While it is apparently true that Troy’s vehicle had been set on fire, Troy Hebert had no evidence that the plaintiff had committed this crime,” Tingle said. “Troy Hebert did know, or certainly should have known, that the temporal proximity of his statements and the termination of the plaintiff carried false and defamatory implications.”

The petition said the communications from his cellphone were “taken out of context and do not accurately reflect Brette Tingle’s attitudes toward persons of color.” He said he is “well-respected” by persons of color for his “fair-minded attitudes and conduct. Indeed, it is only because Brette Tingle took a firm and courageous stand against Troy Hebert’s race discrimination and retaliation against former fellow employees that Troy Hebert has gone to great lengths to destroy his (Tingle’s) career and reputation,” it said.

We at LouisianaVoice have followed Troy Hebert’s ham-handed manner of running his agency since he was named to replace Murphy Painter who was fired on bogus charges by the Jindal administration.

If there is anything that can be said of Hebert, it’s that he appears to be as inept and clueless as his boss. He has managed to run a once-fine investigative agency into the ground with his petty insistence on requiring agents rise and greet him with an enthusiastic “Good morning, Commissioner” upon his entering a room. We were dismayed to learn that he has forced agents, fully grown adults, to literally write lines. We were incredulous when he ordered Gilmore transferred from Baton Rouge to Shreveport literally overnight with no opportunity for him to make plans for such a move. And we were shocked to the point of disbelief upon learning that he had ordered a female agent to return to a New Orleans bar in full uniform—after she had purchased drugs while working as a plainclothes undercover agent in that same bar only days before.

We were puzzled when Jindal snatched him from the Legislature to serve as the top enforcement agent for ATC with no qualifications other than the fact that his wife is the Jindals’ children’s pediatrician.

But now, somehow we are unable to be shocked at anything this man does. Apparently no underhanded tactic is beneath him—even when it comes to violating the same State Constitution that the chief legal counsel for the Louisiana State Police was sufficiently cognizant to uphold in denying our access to personal records.

Hebert apparently has no problem violating a direct order from a Civil Service hearing referee who presided over an appeal of Tingle’s firing in July. The referee was quite specific in admonishing witnesses not to discuss the Tingle matter “with each other or anyone else, including the media.” That order was issued when Tingle’s hearing was continued by the referee who said a violation of her dictum “could result in disciplinary action, including dismissal” from their jobs. http://louisianavoice.com/2015/07/10/civil-service-hearing-for-fired-atc-agent-continued-to-sept-after-settlement-talks-break-down-troy-didnt-want-us-there/

In an otherwise competent, transparent and ethical administration, we would have expected Hebert to have been fired months ago. Under the Jindal administration, we harbor no such hope. In fact, Jindal did quite the opposite in naming Hebert his office’s legislative liaison.

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We couldn’t resist this one from our favorite cartoonist. (CLICK ON IMAGE TO ENLARGE)

The timing could not have been better—or worse, depending upon your perspective.

But all things considered, Wednesday was a bad day for a certain Louisiana governor flailing away in a doomed quest for the Republican presidential nomination.

If he posed so much as a remote threat against any of his Republican opponents for the Republican presidential nomination, today’s events would surely be used against him in an campaign ad blitz. But he doesn’t and they won’t.

On the one hand, there was the survey released Wednesday (Sept. 24) by 24/7 Wall Street, the service that publishes all sorts of survey results from the best-selling cars to the worst-performing state governments. The latest survey shows Louisiana to be the fifth worst-educated state in the nation.

On the other, there was the story, also on Wednesday, that said Louisiana’s public colleges and universities have been told to “be prudent” with their current budgets—a not-so veiled way of saying get ready for more budget cuts.

The U.S., in case you haven’t been paying attention, has some of the most expensive college educations in the world—and the expenses have risen to record highs, the survey said. In fact, the cost of a college education has increased faster than the rate of inflation—24 percent just since 2012,

Only 22.9 percent of adults in Louisiana hold at least a bachelor’s degree, which ranks 46th in the nation and well below the national average of more than 30 percent. That puts the state two notches behind Alabama’s 23.5 percent and ranked higher than only Kentucky (22.2 percent), Arkansas (21.4 percent), Mississippi (21.1 percent), and West Virginia (19.2 percent). Massachusetts had the highest with 41.2 percent of its adults having attained at least a bachelor’s degree.

In fact, Louisiana ranks just ahead of our next door neighbor in so many surveys that rumor has it there may be a bill introduced in the next legislative session to change the state’s motto from “Union, Justice and Confidence” to “Hey, At Least We Aren’t Mississippi.”

Louisiana had the fourth lowest percentage (83.6 percent) of high school graduates.

Louisiana also ranked seventh lowest with a median household income of $44,555 in 2014 and even those among the 22.9 had the seventh lowest median earnings ($46,903) for bachelor degree holders. Even more depressing is the fact that the median income for holders of bachelor’s degrees managed to pull the overall median average up by less than $2,500 per year.

Nearly one in five Louisianians live below the poverty line, the third highest poverty rate in the nation. This, in a state with three of the 10 busiest ports in the nation (including the busiest, the Port of South Louisiana, and the 4th and 10th busiest, New Orleans and Baton Rouge) and three of the nation’s largest refineries (Marathon in Garyville, Exxon in Baton Rouge, and Citgo in Lake Charles).

Moreover, the state is embarrassingly rich in chemical plants, oil and gas reserves, sulfur, agriculture and seafood. But still we consistently lag behind the rest of the nation in every conceivable measure of progress and prosperity.

And yet, here we are, teetering at the edge of yet another midyear budget shortfall, or as State Treasurer John Kennedy said, “We have hit the trifecta, but not in a good way.” He was talking about the news that we have just learned that we’re going to have to make up for last fiscal year which ended June 30 with a deficit (though Bobby Jindal and Commissioner of Administration Kristy Nichols won’t say how much). Together, Kennedy said, the combined shortfalls for last fiscal year and the current year combine to paint a bleak picture for next year as well, as the combined deficit is expected to approach $1 billion.

(Note to Kristy: Don’t let the door hit you on the backside as you exit next month on the way to grab your golden parachute with Ochsner Health System.)

Though the Jindal administration isn’t saying much about the latest crisis (you have to wonder how Bobby will spin this in his fiscal responsibility message on the GOP presidential campaign trail), Kennedy at least doesn’t duck the issue. He estimates it to be more than $100 million.

This budgetary news comes on top of the Medicaid shortfall of more than $300 million, a TOPS fund which is projected to be $19 million short and word that Jindal’s ill-fated hospital privatization plan has hit yet another major setback.

LSU, citing a breach of the public purpose, terminated its cooperative endeavor agreement with the Biomedical Research Foundation of Northwest Louisiana (BRF) barely two years after the foundation took over operation of two north Louisiana hospitals.

Saying all avenues to resolve differences had been exhausted, LSU President F. King Alexander said that Academic Health of North Louisiana Hospital Management Co., Inc., will take over operation of University Health Shreveport and University Health Conway.

It was so bad for Jindal that he missed a golden opportunity when the Pope spoke to a joint session of Congress on Wednesday.

When President Obama visited New Orleans on the 10th anniversary of Hurricane Katrina last month, Jindal sent a message asking that the President not talk about climate change when he came here. But when he had the opportunity to offer that same advice to Pope Francis, Jindal, a Roman Catholic, remained mute.

Perhaps he was just too busy traveling around Iowa telling anyone who would listen (that would be Timmy Teepell and Kyle Plotkin) what a great job he has done as governor of Louisiana and how he is uniquely qualified to run the country.

We are reminded of the Winston Churchill quote about Clement Atlee that could be adapted so easily to our governor: An empty taxi pulled up in front of the Iowa caucus and Bobby Jindal got out.

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Furtive plans by some agency heads to move certain unclassified employees into Civil Service classified positions before Bobby Jindal leaves office could be thwarted by Civil Service rules designed expressly to prevent such maneuvers.

LouisianaVoice received reports on Wednesday (Sept. 23) of plans to move some of Jindal’s appointees from unclassified to classified positions as a means of protecting them from potential termination by the new governor when he takes office on Jan. 11.

“Since the clock is ticking on the Jindal administration,” wrote one state employee, “his department heads are converting…unclassified folks into classified positions. Only trouble is, those positions don’t pay that well. [I] overheard a conversation by some HR (Human Resources) folks that they don’t know how to make the slip switch and include a $30,000 add-on to the classified position.”

But former Civil Service Director Shannon Templet, in one of her last actions before accepting the position of director of human resources for the Louisiana House of Representatives, may have put the kibosh on any such plans—or at least made any such attempt considerably more difficult.

General Circular 2015-033, issued to heads of state agencies and human resource directors on Sept. 1, addresses that very scenario although there still may be a small window of opportunity to circumvent a prohibition against converting appointees to unclassified positions. CIVIL SERVICE CIRCULAR 2015-033

The circular alluded to Civil Service Rule 22.2 which says all appointing authorities shall obtain the Civil Service Director’s approval before making a permanent appointment to any job at specified pay grades.

But the policy governing such appointments is applicable only between the date of any election for a statewide elected office (Oct. 24, 2015) through Inauguration Day (Jan. 11, 2016).

There appear to be no restrictions to such transfers between now and Oct. 24, which is nearly a full month away and some movement may have already occurred.

“Unless the director grants permission, vacancies covered under this rule cannot be filled on a permanent basis through a probationary or permanent appointment into a regular ongoing position,” the circular says. “This also applies to promotions and transfers into an agency while on permanent status.

“The process will be handled as follows:

  • Vacancies affected by this rule shall not be announced without obtaining prior approval of the director by means of a letter which includes justification explaining why the vacancy needs to be filled.
  • Agencies are to send letters requesting approval to fill to the Staffing Division.
  • Agencies will be notified via email of the director’s decision.
  • Verification of approval must be attached to the exam plan…for audit purposes.

Even if an appointive (non-classified) position should be converted to a classified one, the additional task of adjusting the position’s salary poses yet another problem—unless the appointee would agree to a major pay cut.

Because Civil Service classifications govern pay scales for every classified position in state government—as opposed to unclassified positions, which have no such restrictions—appointive posts generally pay much higher salaries than civil service jobs. Converting from unclassified to classified necessarily would dictate significant reductions in pay.

But even if that wrinkle could somehow be worked out, there is one more deterrent to such an underhanded tactic. Any transfer, lateral or otherwise, or new appointment generally carries with it a six-month (180 days) probationary period during which the employee may be terminated without cause.

As of today (Sept. 23), there are exactly 110 days until a new governor takes office.

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“If you can find me a Muslim candidate who is a Republican, who will fight hard to protect religious liberty, who will respect the Judeo-Christian heritage of America, who will be committed to destroying ISIS and radical Islam, who will condemn cultures that treat women as second class citizens and who will place their hand on the Bible and swear to uphold the Constitution, then yes, I will be happy to consider voting for him or her.”

—Bobby Jindal, in perhaps his most absurd utterance yet, in responding hypothetically to the question put to Dr. Ben Carson on whether or not he would vote for an Islamic candidate for president.

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