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Archive for the ‘LSU’ Category

Sometimes you just have to peel back the layers to see what really lies beneath the surface of political decisions.

And nothing in the state of Louisiana is more political than the method in which F. King Alexander was chosen as the next president of Louisiana’s flagship university.

To put it as succinctly as possible, the entire charade was a crock.

And that, unfortunately, is the sorry state of affairs that higher education in general and LSU in particular finds itself in today.

Gov. Bobby Jindal, the LSU Board of Supervisors and attorney Jimmy Faircloth simply have no shame. That group of power brokers—power abusers, really—feels so secure, so insulated, so detached from the voters, students and alumni of LSU that they have arbitrarily decided that court decisions be damned, they can do as they please.

Apparently it’s not enough that higher education has seen its budget slashed by 80 percent during this governor’s reign of terror.

Jindal, the Board and Faircloth are so cocky that they obviously believe that not even a court order handed down by a Baton Rouge district judge can dislodge the names of the candidates for the LSU presidency for which one F. King Alexander was eventually chosen.

And to be sure, the credentials of Alexander, questionable at best, have to leave one wondering: is this the best a well-paid Dallas search firm could do? No, really, is F. King Alexander really the most qualified person in all of America this firm could find to lead Louisiana State University? If so, one must also question the credentials of the search firm, R. William Funk and Associates which was paid $120,000 plus expenses to come up with a man whose highest academic achievement was that of assistant professor.

Perhaps Funk and Associates is better suited to recruiting managers for Popeye’s Fried Chicken.

But then again, perhaps not. Maybe Funk and Associates scoured the country in search of someone willing and ready to walk into this political graveyard called LSU. After all, who in his right mind would want to come to this state where higher education has been decimated, disparaged and dismantled by a governor who over his five-plus years in office, has not displayed the faintest hint of fiscal responsibility or moral conscience and who is accountable only to campaign contributors and aspirations—delusions, if you will—of higher office?

It might be appropriate at this juncture to itemize the list of transgressions, omissions, power abuses, acts of corruption, contracts, appointments, campaign contributions, lies and blunders by Jindal and associates but frankly, it would take too much space. Perhaps another time.

For now, let us concentrate on LSU.

Let us ask ourselves why the LSU Board of Supervisors—and Jindal; after all, the board members would wet their collective pants where they sit before they’d go to the bathroom without the governor’s permission—are so hell-bent on keeping the list of candidates a deep dark secret.

The argument presented by the board through Faircloth—who, by the way, is 0-for-however many times he has been to court on the administration’s behalf (we long ago lost track as the losses mounted)—is that Funk initially identified 100 potential candidates before winnowing the field down to 35. The curriculum vitae and other data were placed on a secure website for members of the search committee to review.

From that number came a final group of “six or seven” who were “worthy of more intensive interviews.” In the end, King was the only candidate recommended to the full board by the search committee.

How convenient. How absurd.

Compare that to 1977 or so when I happened to be serving as managing editor of the Ruston Daily Leader. Long-time Grambling State University President R.W.E. Jones announced his retirement and the Board of Trustees for Colleges and Universities began taking applications for Jones’s successor. Every step of the way, Bill Junkin, the equivalent to today’s commissioner of higher education, and Trustees Financial Committee Chairman Gordon Flores kept the media abreast of each and every applicant (qualified applicants, by the way) all the way up to the selection of a new president.

There was the announcement in 2009 of all five candidates to be interviewed for the presidency of Southeastern Louisiana University in Hammond. They were identified by name, their current positions, and their qualifications for the position—something woefully missing from the LSU selection process.

Or take the more recent case involving the selection of a successor to Louisiana Tech University President Dan Reneau. The names and a brief biography of each candidate who had requested to be included in the selection process was published in all the area newspapers. When the selection committee had narrowed the candidate list to two, those individuals appeared in an open public forum. They addressed the public and availed themselves to questions from not only the Tech faculty, but the public at large.

This should have been the method employed in the selection of the new president of the state’s largest university, public or private. The difference, of course, was that the LSU president was chosen by Jindal’s hand-picked Board of Supervisors, the crème de la crème of political campaign contributors while the Tech president was chosen by the University of Louisiana System Board of Supervisors.

The LSU Board, however, used the oh-so-very-lame excuse that to release the names of applicants could inflict career damage to those who were not selected. Hogwash. What tripe. The very purpose of establishing a career track in higher education or any other field is to advance one’s career and you can’t advance your career without attempting to move up. And you can’t move up without making applications.

It wasn’t exactly a secret that Nick Saban, then at Michigan State, wanted to come to LSU and openly applied for the position. Nor was unknown that he was ready to move on to the Miami Dolphins a few years later. Last year, just about everyone knew Louisiana Tech’s Sonny Dykes would be moving on as had his predecessor Derek Dooley.

But to settle on a candidate who had advanced up the career ladder to only the level of assistant professor before succeeding his (ahem) father to the presidency of Murray State as if he were some kind of prince suddenly elevated to the throne? And then to the presidency of California State at Long Beach by virtue of his political connections to the then-chancellor of the University of California System? To that, we can only say, hmmm.

We will be taking a closer look at Alexander’s qualifications in the coming days.

Could the secrecy around the selection of King possibly have anything to do with the fact that a close relative of U.S. Sen. David Vitter had expressed an interest in the position—and possibly submitted an application? It’s well-established that there is no love lost between Jindal and the state’s junior senator, particularly from Jindal’s end of the relationship. (Remember how Jindal threw money at favored legislative and BESE candidates but steadfastly refused to endorse Vitter for re-election because he felt it “inappropriate” to interject himself into a state campaign?)

Or could it be that King was the choice all along and Jindal wanted desperately to conceal the inconvenient truth that there were, in fact, other more qualified candidates but who were unacceptable to this ego-driven governor?

One thing is for certain: Jindal, for whatever reason, desperately does not want the public—voters, students, LSU alumni or legislators—to know. And don’t think for a nano-second that the decision to resist releasing the names was that of the board. That’s laughable.

And stacking the board with supporters who contributed more than $175,000 to his various political campaigns can ensure the cooperation of board members long on loyalty but extremely short on honor, openness, transparency and accountability—the very selling points of one Bobby Jindal, who long ago eclipsed the late Dudley LeBlanc of patent medicine Hadacol fame as the foremost practitioner in Louisiana’s grand history of snake oil salesmen.

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“Our goal was to find a candidate that understands the traditions and practices of higher learning, but who also is willing to lead our great university through (anticipated) changes.”

—R. Blake Chatelain, chairman of the LSU Presidential Search Committee.

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Vetting (v.): To subject to thorough examination or evaluation (The Free Online Dictionary).

Did the LSU Board of supervisors make even a token attempt at vetting the applicants for LSU President before settling on F. King Alexander, current president of the University of California Long Beach?

Vetting (v.) The process of performing a background check on someone before offering them employment (Wikipedia).

Did Long Beach State make even a cursory attempt at vetting F. King Alexander before he was chosen president of that university?

Vetting (v.): To make a careful and critical examination (Oxford Dictionary).

Okay, the last definition was in deference to the Oxford Roundtable Foundation, the organization headed by Alexander but not really affiliated with Oxford University.

The LSU Board of Supervisors meets today (Wednesday) to finalize the details of Alexander’s contract.

But back to the original question: was there even a perfunctory effort to vet the leader of Louisiana’s flagship university by the LSU Board of Supervisors?

Besides the fact that Alexander’s own curriculum vitae indicates that the highest level to which he rose as a teacher was a five-year (1997-2001) stint as an assistant professor at the University of Illinois Champaign-Urbana before making the quantum leap to the presidency of Murray State University in Murray, Kentucky, where he served for another five years (2001-2005).

Apparently, it isn’t necessary to pose the vetting question with Murray State; he simply succeeded his father, S. Kern Alexander to the presidency of the school.

Assuming that it’s the norm for an assistant professor to scale the academic ladder to president of a 10,000-student university in a single move (which, of course, it certainly is not), it’s his handling of a major grant from a prominent movie executive http://thugthebook.blogspot.com/ while at Long Beach State that we will examine here. Additional analyses of his qualifications will be provided in subsequent posts which we will offer for simultaneous release to the LSU Reveille and a couple of other choice blogs.

In May of 2007, King signed off on a three-page pledge agreement by movie producer/director Steven Spielberg’s Wunderkinder Foundation in which the foundation pledged nearly $1.4 million to support Long Beach State’s Master’s in Fine Arts in Dramatic Writing Program within the Film and Electronic Arts Department.

The money was given by Wunderkinder in three incremental payments. The first payment, $590,000 was payable upon the effective date of the pledge agreement (May 31, 2007). The second installment of $400,000 was due on the first anniversary of the effective date of the pledge agreement (May 31, 2008) and the final payment of $388,000 was scheduled for May 31, 2009, the second anniversary date of the pledge agreement.

The pledge agreement said, in part:

• The pledged funds are designated to (i) support the Master’s in Fine Arts in Dramatic Writing Program at the (university); (ii) support the conversion of space for a soundstage and editing studio in the (Department), and (iii) support equipment maintenance, replacement, and upgrades within the (Department);

• If (the university foundation) should for any reason lose its tax-exemption so that gifts to it no longer qualify as tax deductible, or if the pledged funds are used for any purpose not specifically permitted under this pledge agreement, this pledge agreement shall terminate immediately and pledgor (Wunderkinder) shall have no further obligation thereafter to pay any amounts not previously funded.

• A breach by (the university foundation) of this pledge agreement may cause irreparable injury to pledgor not readily measurable in money and for which pledgor shall be entitled to seek injunctive relief or to terminate this pledge agreement without further obligation to (the foundation), or both.

All three checks were delivered to the university’s Film and Electronic Arts Department as scheduled.

The third check of $388,000 was issued through Comerica Bank-California on May 18, 2009. But six weeks earlier, on April 6, Alexander had issued a directive suspending future admissions for the program, effectively killing it—even as Spielberg was said to have been preparing to renew the grant for another three years.

The check was not only negotiated in the full knowledge that it would not go for its intended purpose, but some of the money was then moved from the donor foundation account into the Film and Electronic Arts general account to be mingled with state funds and used for salaries.

Because there were still five students finishing the program, each received $10,000 under the grant, leaving $338,000 that went for other purposes—an apparent violation of the terms of the pledge agreement.

When the financial crunch hit colleges and universities across the country, Long Beach State was not spared and university faculty took a 10 percent “furlough” pay cut for the 2009-2010 academic year–ostensibly because of funding cuts. Later that year, however, Alexander announced that additional money had been “found.”

The terms of the furlough that came into existence in the fall of 2009 specifically said, “Faculty Unit employees whose salary is 100 percent funded from grants and contracts not funded from the state general fund shall not be subject to this furlough agreement.”

Yet a faculty member whose salary was to have been funded 100 percent by the Spielberg/Wunderkinder grant saw a 10 percent reduction in his salary. That 10 percent was apparently re-allocated for general expenses rather than for the purposes specified in the pledge agreement which could be interpreted as a breach of the pledge contract.

To make matters worse, Spielberg was never informed of the termination of the Master’s in Fine Arts in Dramatic Writing Program.

Spielberg, meanwhile, was experiencing problems of his own and for whatever reasons, did not pursue the matter. Wunderkinder in 2008 had become a victim of the giant Ponzi scheme perpetrated by Bernard Madoff. With assets of $12.6 million as of November of 2006, Wunderkinder’s financial fortunes had suffered right along with other investors in Madoff’s scheme.

By late 2009, even though Wunderkinder was financially crippled by Madoff, Spielberg continued his personal philanthropic activities on behalf of the University of Southern California, among others .

Vetting.

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Sen. Bob Kostelka, R-Monroe, wants people to know he’s serious.

He has already pre-filed SB 41, which calls for a constitutional amendment to be placed on the ballot which, if approved, would make the state superintendent of education and elective position as opposed to the current appointive one.

Kostelka also wants it understood that he wants current Superintendent John White to go.

He says he has seen enough of bloated contracts granted to politically-connected firms. He has seen his fill of contracts like the one that teaches kids how to play at recess. He has heard quite enough about contracts awarded to PR hacks to work out of their homes in other states for outlandish figures like $12,000 per month.

Most of all though he has grown weary of trying to obtain information and records from the secretive Louisiana Department of Education—and repeatedly encountering a brick wall of resistance.

And he is more than a little concerned about the approval of vouchers for schools which have no classrooms, no teachers and no desks—like New Living Word in Ruston.

And while he didn’t say so, he seemed to take some bit of pleasure in knowing that his bill has come under fire from Gov. Bobby Jindal’s chief apologist, Jeff Sadow.

Kostelka claim that the bill would make the superintendent answerable to the people instead of a rubber-stamp Board of Elementary and Secondary Education (BESE) was described by Sadow as a “curious mix of ignorance and illogic.”

Sadow chose to fall back on the argument that most of the BESE members are already elected and “answerable to the people,” apparently choosing to ignore the fact that most of the elected members’ seats were bought by out of state contributions from such people as Michael Bloomberg, Bill Gates, the Walton family and K-12.

Sadow also says Kostelka seems to have forgotten the “policy-making mess” that existed under the elected superintendent structure that existed prior to 1988. In saying that, Sadow appears to be overlooking the ever-evolving “policy-making mess” that is indicative of today’s DOE under a superintendent who doesn’t seem to have a clue where he intends to go or what he intends to do when he gets there.

“People like Mr. Sadow say I want to return to old-time politics,” Kostelka said. “To that, I would have them look at the political contributions to the BESE members and then explain to me what has changed under the present system.”

“They say my bill would cost the state the expense of another election, but it wouldn’t. I’m calling for the election to be held in the fall of 2014 at the same time as the Congressional elections, so there would be no additional costs. If approved, the elected superintendent would take effect with the 2015 gubernatorial election and White could leave with Jindal,” he said.

Kostelka is well aware that he has run afoul of the petulant Jindal and is certain to incur the governor’s wrath. His punishment could range from a loss of committee assignments to vetoes of key projects in Kostelka’s senate district. All one has to do is harken back to last year’s session when Jindal vetoed a major construction project in Livingston Parish after Rep. Rogers Pope and Sen. Dale Erdy had the temerity to buck Jindal on legislative matters important to the governor.

If that isn’t old-time politics, we don’t know what is.

But Jindal has proved beyond any doubt that he is not above such tactics.

But, at long last, those tactics appear to be coming back to bit him in the backside.

He has demoted legislators, fired a BESE member, an LSU president, doctors, various department and agency heads, appointed legislator buddies (Noble Ellington, Troy Hebert, et al) to six-figure deadhead jobs and in at least one case—that of Hebert—that appointment appears to be a major embarrassment to the administration.

But even after all of that, nothing compares to the damage done to his political stock as the recent dust-up with the Board of Regents.

Send in the clowns

As is his M.O., Jindal attempted to distance himself from the action—perhaps as a means of attempting to maintain deniability, a ploy that has consistently served him badly—by dispatching an emissary to do his dirty work. In this case, it was Taylor Teepell, brother of Timmy Teepell who seems to be running his OnMessage political consulting operation from the governor’s fourth-floor offices in the State Capitol.

What was Taylor’s mission? Nothing less than to demand the firing of Commissioner of Higher Education Dr. James Purcell. Purcell, you see, committed the unpardonable sin of criticizing Jindal’s repeated cuts to higher education. There is no run for dissention on Team Jindal.

But Taylor Teepell got a major surprise. Regents Chairman W. Clinton “Bubba” Rasberry, Jr. sent Teepell back to Jindal with a message: “Dr. Purcell works for the Regents.”

Whoa. Herr Jindal is not accustomed to such spunk from his subordinates. The governor does, after all, appoint the Regents members and he expects all appointees to toe the line, not draw a line in the sand.

Of course, Jindal could fire the entire board and replace the recalcitrant members with more compliant sycophants. But his brazen attempt to oust Purcell for the sin of independent thinking probably did more harm to Jindal than anything else he has done in his five-plus years in office. This attempt, coming as it did on the heels of three major court reversals of his education and retirement reforms and the word last week of a federal investigation into a contract with the Department of Health and Human Resources, has left him politically crippled.

And his blatant, quixotic pursuit of the presidency would be laughable were it not such a pathetic sight to behold. It somehow makes him look even smaller, more the little boy, in his ill-fitting suits.

Seeing his presidential aspirations slip away raises yet another spectacle that he would probably rather no one would know about. When he encountered occasional crises during his tenure as head of the University of Louisiana System, rather than facing the problems head-on, his solution of choice was to retreat to his office where he is said to have played video games virtually non-stop.

One must be wondering what video games he prefers these days. League of Legends, perhaps?

As one observer recently said, the Jindal waters appear to be circling the drain.

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“Many Legislators would rather get re-elected than make the right decision. They say they’re not going to raise taxes but they’re going to allow us to raise tuition.”

“Federal revenue for higher education is double what the states are doing now. I don’t have faith in legislators but I do have faith in them wanting federal money.”

“The power of Washington to hold states accountable may be the most important answer that we have. The more federal dollars are attached to state behavior, the less likely state legislatures are going to remove themselves from funding responsibility.”

—F. King Alexander, President of University of California Long Beach and more recently LSU President-designate, speaking on “Strategies for Fiscal Housekeeping” at the 14th Annual Travers Conference on Ethics and Accountability in Government Financing California, Feb. 11, 2011.

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Did the LSU Board of Supervisors opt for Dr. Jekyll and Mr. Hyde in its selection of F. King Alexander, 50, as the next LSU president?

Will the LSU faithful, so alarmed at the prospects of an appointment of Secretary of Economic Development Stephen Moret to the position, end up wishing he had gotten it after all?

Most important of all, with academics, integrity and healthcare already sacrificed at the Altar of Jindal, will the LSU football program survive?

Perhaps these and other questions will be answered in due course but for the time being, let’s take a look at the paradox that is F. King Alexander.

The first issues that must be addressed are his credentials and his motivation for coming to LSU.

The politically-charged atmosphere in Louisiana in general and LSU in particular is such that one must question the wisdom of anyone wanting to walk into such a volatile situation. The mere fact that one would even apply for the position would seem to call his or qualifications into question.

The LSU student newspaper, The Reveille, was contemplating filing a lawsuit—and still might do so—to learn who all the applicants were. But considering who the winner was the paper’s editors may wish to reconsider its efforts to learn who the losers were.

On the one hand, there is the F. King Alexander who two years ago admonished state governments for “backing out of their responsibility” to keep public colleges working and affordable.

On the other hand, there is the F. King Alexander who operates what critics describe as a “vanity” conference operation that capitalizes on the Oxford University name without the benefit of its being officially affiliated with the English school.

The Baton Rouge Advocate describes Alexander as “a nationally respected up and comer” and his 28-minute speech in February of 2011at The 14th Annual Travers Conference on Ethics and Accountability in Government Financing California: Strategies for Fiscal Housekeeping was a direct assault on state governments’ failure to adequately fund state colleges, thus allowing private universities and for-profit colleges to syphon students away from public institutions.

His talk was a blistering attack on states that he said have taken federal funds for higher education while at the same time, cutting state appropriations by like amounts. Meanwhile, federal grants continue to increase for private schools.

It was the kind of rhetoric that college professors will embrace enthusiastically but the kind that got Alexander’s predecessor, John Lombardi canned by the Board of Supervisors—at the direction of Jindal who doesn’t like to be criticized by subordinates.

Then there is Alexander’s Oxford Round Table connection.

The Oxford Round Table is a series of interdisciplinary conferences that was founded by Alexander’s father, Kern Alexander but now run by F. King Alexander and his wife.

The purpose of the Oxford Round Table is “to promote education, art, science, religion and charity by means of academic conferences and publication of scholarly papers,” according to an online profile.

The organization has incorporated, dissolved and reincorporated several times in different states, including Kentucky, Illinois and Florida—both as a for-profit and as a non-profit. In 2008, the non-profit Oxford Round Table, Ltd. was established in the United Kingdom.

A 2009 report was critical of the organization because, the report said, it does not make its lack of academic connection to Oxford University clear.

Two years earlier, Times Higher Education reported that the organization had been criticized because it was trading on the name of Oxford University and failed to properly inform invitees that it had no formal academic links to the university.

The Oxford Round Table also has attracted controversy in at least three states, including Louisiana, over the cost of school boards’ paying for administrators to attend its conferences. This led to a successful legislative effort to tighten travel rules for school board members statewide, according to a 2003 New Orleans Times-Picayune story.

It remains to be seen if Alexander will bring his pro-funding rhetoric with him or whether his Oxford Round Table will set up shop in Baton Rouge—or both.

Either way, it should be interesting—like perhaps a reprise of the old Carol Burnett Show skit As the Stomach Turns.

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“These sections of the code generally prohibit Board of Trustees members from receiving anything of economic value for any transaction involving any of the colleges and universities that are under the jurisdiction of the Board of Trustees.”

Former State Board of Ethics Chairman Gray Sexton, in a July 1996 ruling that the Natchitoches Times could not provide printing services for the Northwestern State University student newspaper because Times Publisher Lovan Thomas was a member of the Board of Trustees for State Colleges and Universities, the governing board for state colleges and universities, including Northwestern. The LSU Board of Supervisors is preparing to accept a memorandum of understanding from a Shreveport foundation to take over two LSU-run hospitals in Shreveport and Monroe even though the foundation’s incoming CEO is a member of the LSU Board of supervisors.

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This week’s civics lesson will take a look at how ethics for public officials, much like the Golden Rule, is based in large part on who has the gold.

And apparently, if you are appointed to the LSU Board of Supervisors by Gov. Bobby Jindal, you are considered golden.

Now, with the pending approval of the takeover of two LSU-run hospitals by a Shreveport foundation, it’s déjà vu all over again—except different.

On Jan. 16, 1996, the State Board of ethics issued an opinion that Lovan Thomas, owner and publisher of the Natchitoches Times newspaper and of Springhill Press printing company, violated state ethics laws when his printing company printed a tourism brochure promoting the Cane River through the Kisatchie National Forest.

Though Thomas was a member of the Natchitoches Parish Tourist Commission, the printing project was not initially a project of the tourist commission and Springhill Press, in late 1993 charged $10,000 for printing the brochure, a practice the ethics board more than two years later ruled was an ethics violation.

On July 17, 1996, the State Board of Ethics issued a second opinion that the Times could not provide printing services for the student newspaper at Northwestern State University in Natchitoches because Thomas was a member of the Louisiana Board of Trustees for State Colleges and Universities, the governing board for the university.

Three months later, on Oct. 25, the Board of Ethics struck again. This time the board ruled that the Times was prohibited from publishing an NSU legal notice for bids on a printing contract despite a state law which required that public notices by public bodies “shall be published in a newspaper of general circulation printed in the parish in which the budget unit (NSU) is situated.”

The Times was the only newspaper of general circulation in Natchitoches Parish. Moreover, the Times was the Natchitoches Parish Police Jury’s official legal journal and it was generally understood that NSU was required to publish its legal notices in the parish’s legal journal.

The ethics board ruled that Thomas was prohibited from assisting the Times in its contract with Northwestern while receiving compensation through his publishing company.

So, instead of printing its paper at home, NSU was forced to travel 70 miles to Shreveport for the service. And instead of paying $4 a square (100 words), NSU was forced to place its legal advertisements in the Shreveport Times at a cost of about $25 per square.

Disgusted with the entire process, Lovan resigned from the Board of Trustees and the parish tourist commission.

Even then, the Ethics Board continued to thwart Thomas in his attempts to do business with Northwestern.

On May 21, 1997, the board ruled that because state law required a two-year waiting period from the date of his resignation from the Board of Trustees, Thomas and the Natchitoches Times were still prohibited from bidding on and receiving advertising contracts with the university.

But now, not quite 16 years later, and with a State Ethics Board that has been gutted by Gov. Bobby Jindal, it is somehow okay for a foundation to enter into an agreement to take over two LSU public hospitals in Shreveport and Monroe even though the vice chairman and incoming president/CEO of the foundation slated to take over the facilities also sits on the LSU Board of Supervisors which currently oversees the hospitals.

The LSU Board of Supervisors on Monday tabled until March 27 approval of a memorandum of understanding (MOU) between the board and the Biomedical Research Foundation (BRF) that would call for the foundation to enter into a partnership with LSU Medical Center in Shreveport and E.A. Conway Hospital in Monroe.

Willis-Knighten Health System and Christus Health Shreveport-Bossier had expressed interest in the Shreveport facility when LSU first started seeking partners with available cash in 2012.

In Monroe, negotiations had been ongoing between E.A. Conway and St. Francis Medical Center but those talks were broken off by the state last week when LSU officials suddenly decided that the grass was greener on BRF’s side of the fence.

State Sen. Francis Thompson (D-Delhi) called the BRF model “the innovative, forward-thinking model that would elevate what are already the best hospitals of their kind in Louisiana and beyond. It also keeps both hospitals under the same management umbrella, which is appropriate,” he said.

Biomedical Research Foundation currently leases research labs to the LSU System. The annual lease payments of $4 million to $5 million paid by LSU represent a major source of income for the foundation.

John F. George, Jr., M.D. is Vice Chairman of Biomedical Research Foundation and is slated to become BRF President and CEO on March 27, the same date as the scheduled vote on the foundation’s takeover of the two hospitals. The Jindal administration has dismissed any talk of a conflict of interest by pointing out that George will not receive a salary as president and CEO of the foundation, thereby allowing him to remain as a member of the LSU Board of Supervisors.

George, who made two contributions of $5,000 each to Jindal’s campaign in 2007 and 2008, according to campaign records, said he will recuse himself from the LSU board’s action on March 27.

But that Oct. 25, 1996, Ethics Board opinion would seem to indicate that recusal was not sufficient to avoid a conflict. That ruling, in addition to saying that state ethics laws prohibited Thomas from participating in the Board of Trustees’ decision to contract with the Natchitoches Times for printing services, also said the participation question “cannot be cured by recusal since (state law) prohibits an appointed member of a Board from curing a participating problem through disqualification.”

Salary or no, recusal or no, the appearance of impropriety should be sufficient in some quarters as to demand George’s resignation from the LSU Board of Supervisors in light of his cozy relationship with BRF.

But appearances, like beauty, appear to be in the eye of the beholder—in this case, Gov. Bobby Jindal.

And Jindal wrote—that is, re-wrote—the ethics rules within weeks of taking office in January of 2008, prompting the mass resignation of nine of the board’s 11 members, including board administrator Richard Sherburne, in July of that year.

So now, with watered-down rules and a puppet board, there appears to be no one left to challenge the administration’s claim of no conflict of interest.

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First it was a federal judge who threw out Piyush Jindal’s voucher plan in Tangipahoa Parish because it posed a major setback to the parish’s current desegregation consent decree.

Then, last Friday, a state district judge, Tim Kelley, whose wife once worked for Piyush, said the method of appropriations to fund the statewide voucher program is unconstitutional.

Fast on the heels of Kelley’s ruling, fellow Baton Rouge District Judge William Morvant refused to throw out a lawsuit challenging the only part of Piyush’s far-reaching retirement reform proposals that survived the legislative session earlier this year.

In case you’re counting, that’s oh-for-three—not a good batting average for the governor who would be president.

Keep in mind that Piyush is the incoming chairman of the National Republican Governors’ Association.

Remember, too, that he thought he would be moving into that position in the hope that it would be the launching pad for his presidential aspirations. To do so, he needed to bring something substantial to the table.

That something was to be sweeping education reform. That was to be the centerpiece of his list of grand accomplishments, the bold-face type on his curriculum vitae.

Now, the status of both education and retirement reform are suddenly in jeopardy.

Suddenly the star of the errand boy of the American Legislative Exchange Council (ALEC) doesn’t shine quite so brightly.

What to do?

The obvious answer would be to teague someone. That practice, after all, has served him well in the past. No college president, attorney, doctor, agency head, legislator or rank-and-file state employee will dare rebuke Piyush lest he or she be shown the door.

There was a time when we would have run a recap of those teagued by this peevish little man, but the list has grown so long that it would take up far too much space.

On reflection, however, one must ask just what are Piyush’s alternatives?

Well, normally he could campaign against the re-election of judges Kelley and Morvant—except he already did the anti-judge campaign thingy in Iowa.

He can’t teague the federal judge; he was appointed by the president.

He can’t teague either of the state judges—Kelley or Morvant—because they were elected by voters of the 19th Judicial District.

He can’t teague Jimmy Faircloth, the attorney who so expertly represented the interests of the state in arguing on behalf of the voucher program because Faircloth was working under a contract that ends when all appeals are exhausted—about $100,000 or so down the road.

He can’t teague Angéle Davis, wife of Judge Kelley because she already resigned her position as Commissioner of Administration.

He can’t teague the legislator who introduced the education bills because they were not written by any Louisiana elected official but by the corporate honchos at the American Legislative Exchange Council (ALEC).

He might consider teaguing Superintendent of Education John White since there are already unconfirmed rumors floating around that he is leaving soon.

But there is a far better option open to Piyush:

He could take a page from the playbook of Egyptian President Mohammed Morsi.

It’s such a simple solution we’re surprised no one has thought of it before.

All he has to do is first invoke that obscure nullification clause which several states unhappy with last month’s presidential election are bantering about—the one that says states can unilaterally ignore a federal law they don’t like. Or even opt out of the union itself. Some in Texas are talking about splitting off and breaking the state into five separate states (pure lunacy, but a philosophy that dovetails nicely with that of the Tea Party).

Then, like Morsi, Jindal can unilaterally decree greater authority for himself, including issuing a declaration that the wrong-headed courts are henceforth barred from challenging his decisions.

(Come to think of it, such a move is not exactly unprecedented. President Andrew Jackson said of the U.S. Supreme Court’s decision that the state of Georgia could not impose its laws on Cherokee tribal lands, “(Chief Justice) John Marshall has made his decision, now let him enforce it.”)

After that, he could even take it a step further and, like North Korea’s late Kim Jong-il, bestow upon himself the title of “Dear Leader,” and, again like Kim Jong-il, commission a song of the same name in his honor.

Think about it. If he were to take that action, he could sell prisons, the old insurance building property, hospitals, roads, universities, the Saints and the Zephyrs, not to mention a few state-owned golf courses and state parks.

That water from Toledo Bend Reservoir? Sold. Gone to Texas and a few select political cronies are even richer than before.

And you only think you’ve seen a lot of corporate tax breaks, incentives and exemptions. Once he issues his decree, corporate taxes would disappear into that sink hole in Assumption Parish.

All state employees who aren’t fired outright (to be replaced by telecommuting administrative types from Florida, California, Alabama and elsewhere) would immediately forfeit all health and retirement benefits—except for friendly former legislators who, of course, would be elevated to six-figure salaries with full benefits.

The Department of Civil Service, public schools and the State Ethics Board would become distant memories for the nostalgic among us.

Of course, were he to take such action, he could always say his decision was predicated “by three things: one, to protect needed reform packages; two, to streamline government so at the end of the day, we can do more with less, and three, I have the job I want.”

Opponents could be expected to condemn his decrees as heavy-handed and dictatorial but what else would you expect from those who represent the coalition of the status quo?

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A knotty legal question may have arisen from the actions by the LSU Health Sciences Foundation in Shreveport to hire a national consulting firm and law firm with expertise in arranging partnerships with private hospitals on behalf of three hospitals under the umbrella of the LSU Medical Center in Shreveport.

It also appears that the foundation’s involvement may have been a deliberate attempt to circumvent the state’s public records laws.

An in-house memorandum to medical center employees by Chancellor Dr. Robert Barish this week indicated that the non-profit foundation is working closely with the medical center to negotiate “partnerships” between LSU Medical Center in Shreveport, E.A. Conway Hospital in Monroe, and Huey P. Long Hospital in Alexandria and local hospitals in those cities.

At the same time, it was learned by LouisianaVoice that University Medical Center in Lafayette is currently in negotiations with Lafayette General Medical Center to lease the state hospital.

“We have asked the LSU Health Sciences Foundation in Shreveport to be our advocate and intermediary with interested hospitals and health systems,” Barish wrote in his memo. “The foundation has engaged a national consulting firm and law firm with expertise in arranging hospital partnerships to continue the process on our behalf. With the information they collect they will be better able to help us negotiate an arrangement that aligns with our mission, assuring financial stability, patient access and the continued strength of our education programs.”

Several weeks ago, the foundation began drafting a request for proposals (RFP) for partnership arrangements on behalf of LSU Health System but the RFP was abruptly abandoned in favor of the foundation’s participation in an apparent transparent effort to avoid transparency. Because the foundation, as a non-profit entity is exempt from public scrutiny, any negotiations conducted by the foundation would be shielded from disclosure.

“I can assure you that the process has just begun,” Barish wrote. “Our representatives will talk with local healthcare entities who are (sic) shown interest, as well as other potential partners. This approach will expedite the process and provide the necessary legal, financial and regulatory guidance. Rest assured that we will make use of all the resources necessary to ensure a strong future for our campus.”

Barish then invoked the necessity of secrecy that has become a trademark of the Jindal administration. “As I hope that you will understand, these types of arrangements cannot be effectively negotiated in the public eye. Therefore the foundation will not be releasing specific information at this time.”

By the same token, because it is a private 501(c)(3) nonprofit corporation, it would seem that the foundation would be prohibited from negotiating a lease of public property and equipment to a private hospital. There are established legal procedures that must be followed—by a public body, not a private foundation—before agreements may be negotiated on behalf of any public agency.

The foundation’s own web page stresses the fact that its revenues “are clearly separate from state funds. The foundation does not release your information to the state,” the web page continued in reiterating its autonomy to potential donors. “This means that the details of your personal finances will not become a matter of public record as they would if you gave directly to a state office like LSU Health Shreveport.”

The LSU Medical Center in Shreveport has 459 beds while E.A. Conway has 247 and Huey P. Long, 137 and the three hospitals combine to employ some 7200 doctors, nurses and support staff.

Additionally, there are another 800 employees at University Medical Center in Lafayette, meaning some 8000 employees will be impacted by the administration’s proposed privatization, or partnership proposals for all four hospitals. Many will lost their retirement and many more will even lose their jobs, along with their benefits.

Employees have expressed concerns about job security, benefits losses and pay cuts as a result of the proposed “partnerships.” Elected officials and members of the medical community are also concerned about the impact the move might have on accreditation, federal funding and physician training programs.

Gov. Piyush Jindal has been working to downsize government and the state workforce has been depleted, particularly in the areas of health care and corrections.

Accordingly, as an additional 8000 state employees are scheduled to be terminated as a result of the partnership move, additional runs on the bank can be expected by the Louisiana Employees Retirement System (LASERS), already seeing employee retirement money being pulled out in record amounts.

From July through October of this year, $16.39 million was withdrawn from LASERS by employees, many of whom have left state government with no plans to return. That amount for the same period in 2011 was $13.47 million, according to LASERS.

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