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Archive for the ‘Public Records’ Category

To fully understand the lengths to which those in the upper echelons of the Jindal administration will go to punish those—especially subordinates—who dare to cross them, you need look no further than the case the Louisiana State Police hierarchy attempted to build against one of its own.

On Feb. 6, 2010, senior trooper Chris Anderson, assisted by 11-year veteran state trooper Jason LaMarca and two other troopers, Patrick Dunn, and Tim Mannino, stopped a flatbed 18-wheeler on I-12 in Tangipahoa Parish being driven by Alejandro Soliz.

LaMarca, with Anderson’s mobile video recorder (MVR) activated and recording every word and move, patted down Soliz. Finding no weapons on the driver, LaMarca then conducted a search of the truck cab and discovered “several kilos of cocaine,” according to court records.

LaMarca pulled his taser from its holster and he and Dunn approached Soliz, ordering him to get down, according to court records and testimony provided by the State Police Commission. After Soliz, who spoke English, refused to comply with several commands of “Get down,” LaMarca attempted unsuccessfully to re-holster his taser as he continued to approach Soliz.

Transferring the taser to his right hand, he cupped his left hand behind Soliz’s head and pulled him to the ground, according to testimony by LaMarca and the other three troopers, testimony supported by the video recording.

No one was injured, no shots were fired, and there were no complaints, then or later, by Soliz of excessive force.

U.S. District Judge Eldon Fallon, however, reviewed the video and thought he saw LaMarca strike Soliz in the back of the head “with what appears to be a flashlight or similar item.” Judge Fallon added that the recording showed “three other troopers laughing at this act.”

State Police Superintendent Mike Edmonson (aka “Precious”), upon receiving a letter from the judge, immediately ordered an investigation into the incident—as he should have.

But what occurred next went beyond the pale of disciplinary action by Edmonson and his actions have been attributed by those familiar with the case to an act of retaliation for an earlier confrontation between LaMarca and Edmonson’s Chief of Staff, Lt. Col. Charles Dupuy.

Edmonson notified LaMarca on Nov. 18 that he was “suspended for 12 hours without pay and allowances” as a result of his actions. The cause of his suspension was based, Edmonson said, on the following violations of Louisiana State Police Policy and Procedure:

  • The use of force policy;
  • The use of force reporting policy;
  • Conduct unbecoming an officer.

LaMarca, who had a spotless record in his 11 years, promptly filed an appeal with the State Police Commission, primarily to expunge the suspension from his record. The commission heard testimony from all four officers and reviewed the video recording of the arrest and put down of Soliz before issuing its ruling on Aug. 1, 2011.

In its ruling exonerating LaMarca, the commission noted:

  • Appellant (LaMarca) had nothing in the hand he used to “put the driver on the ground.” Likewise, we do not perceive appellant’s actions, in doing so, to be the use of excessive force. While the driver had been cooperative until the drugs were found, he became uncooperative thereafter and refused numerous orders to get on the ground.
  • While the maneuver used by appellant to take the driver to the ground may not be the one “taught” at the academy, it was effective and did not appear to be the use of “excessive” force.
  • We likewise do not perceive the other troopers to be “laughing” at appellant’s action.
  • As we do not find that appellant violated the “use of force” policy order, he likewise did not violate the “use of force reporting.”

That normally would have ended the matter. No weapons were used, no one was injured, no one complained of excessive force, and the commission found no violations by LaMarca.

But remember, LaMarca had earlier committed that unpardonable sin of arguing vehemently with Dupuy, Edmonson’s second in command.

And though Dupuy’s name never surfaces in the initial disciplinary action, the commission hearing and its subsequent decision, or court records, Edmonson was dutifully carrying the water for him and he made sure the issue was far from dead as he displayed unprecedented zeal in his attempt to punish LaMarca on behalf of his chief of staff.

Determined to exact revenge for LaMarca’s impudence, Edmonson took the matter up the line to the First Circuit Court of Appeal.

That’s right, he appealed the decision of the state commission charged with the responsibility of promoting effective personnel management practices for the Office of State Police and to protect the fundamental rights of the troopers under Edmonson’s command.

Much like the courtroom experiences of his boss Gov. Bobby Jindal, Edmonson went down in flames. At least the administration is consistent in that respect.

The First Circuit’s ruling of May 2, 2012:

  • On review of the video and testimonial evidence concerning the surrounding circumstances at the scene of the rest, we find no error in the commission’s finding that the force and manner used by trooper LaMarca to secure the suspect and “affect the arrest” was not more than was reasonably necessary under the circumstances and hence did not violate procedure.
  • On review, we find the verbiage used by the commission in concluding that the force used by LaMarca was not “excessive,” was simply synonymous with the commission’s ultimate finding that there was no violation of the “use of force” procedure order, i.e., that the use of force by trooper LaMarca was reasonably necessary under the circumstances.
  • We find the decision of the commission thoroughly and sufficiently reviewed the evidence and testimony produced at the hearing and addressed the procedure order violations lodged against trooper LaMarca in the suspension letter issued by Col. Edmonson.
  • After thorough review of the testimonial and video evidence herein…we find the decision of the commission is supported by substantial evidence.

http://statecasefiles.justia.com/documents/louisiana/first-circuit-court-of-appeal/2011ca1667-4.pdf?ts=1387486081

Well, that certainly laid the matter to rest, right?

No, not if you’ve had a confrontation with Dupuy.

Edmonson promptly applied for writs (appealed) to the Louisiana Supreme Court.

And what became of that?

The State Supreme Court simply declined to even consider the matter.

Now it’s over.

Until, that is, it’s determined by Edmonson or Dupuy that LaMarca makes another misstep.

But with the publication of this post and the decisions of the State Police Commission and the First Circuit Court of Appeal now on the record, any similar attempts in the future would come dangerously close to harassment.

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In 2011, two agencies within the Louisiana Department of Public Safety (DPS) entered into a pair of contracts with a company called CTQ Consultants totaling $38,400 to eliminate waste and to increase efficiency in the Office of Motor Vehicles ($22,400) by employing a combination of a trendy management method and to decrease the average DNA purchasing process turn-around time ($16,000).

Taken at face value, $38,400 is not an exorbitant amount for two contracts given some of the contracts awarded by the state. The infamous $270 million CNSI contract comes to mind. So does that $7.4 million consulting contract the state awarded Alvarez & Marcel (A&M) Consultants to track down $500 million in savings.

But then DPS promptly placed CTQ’s only employee, Kathleen Sill, on the state payroll as a $140 per hour state employee and proceeded to pay her $437,000 in salary over the next 28 months.

That’s $437,000 for her personally, not for her company.

Additionally, DPS paid $12,900 in air travel for 21 flights for Sill between Baton Rouge and CTQ’s Columbia, S.C., home office between Jan. 6, 2012 and March 2014, according to records obtained by LouisianaVoice.

The first contract, for $16,000, was awarded to CTQ by the Office of State Police on Feb. 1, 2011. That contract expired three months later, on April 30, 2011.

On Aug. 1, 2011, the $22,400 contract was awarded by the Office of Management and Finance. That contract expired five months later, on Dec. 31. Among the objectives of that contract was one that called for CTQ to assist in “streamlining including the operations of the Office of Motor Vehicles (OMV).”

State Police Superintendent Mike Edmonson heads DPS in his dual role as Deputy Secretary and oversees, besides State Police, the Office of Management and Finance, the Office of Motor Vehicles, the Louisiana Highway Safety Commission, the Office of State Fire Marshal, the Louisiana Oil Spill Coordinator’s Office and the Liquefied Petroleum Gas Commission. http://www.dps.louisiana.gov/deputy.html

On Jan. 1, 2012, one day after the second contract expired, Sill was placed on the state payroll as an employee/consultant and remained employed until May 1, 2014, records show.

So, what is CTQ and who is Kathleen Sill?

Well, if McKinsey & Co. is considered the world’s premier business consulting company, Alvarez & Marsal might best be considered Mac Lite and CTQ as something several rungs down in the consulting pecking order. It’s a typical touchy-feely out-of-state organization that makes suggestions on to how local administrators can best do their jobs—after waltzing in, analyzing, discussing and writing expensive reports—all in a matter of a few weeks or months, as in the case of CTQ. Or, in Sill’s case, 28 months.

Sill formed CTQ in 2009 after spending more than 30 years with Bank of America as a “quality and productivity executive.”

The CTQ web page has an about us feature but when we clicked on it, only Sill’s profile appeared on the screen. No other employees of the firm are identified anywhere on the web page. http://www.ctqconsultinggroup.net/index.php?option=com_content&view=article&id=2&Itemid=5

CTQ and Sill specialize in something called Lean Six Sigma, which Sill says is an abbreviated form of Six Sigma that draws upon her Six Sigma training and hands-on experience “to identify and implement results-driven solutions for your business.”

Six Sigma is a set of techniques for process improvement that was developed by Motorola in 1986 and General Electric adopted the program for its business strategy in 1995.

The program attempts to improve the quality of process outputs by identifying and removing causes of defects by employing a set of quality management methods and creates a special infrastructure of employees within an organization (“Champions,” Black Belts,” “Green Belts and “Yellow Belts”) who are experts in infrastructure methods.

Lean_Six_Sigma_Structure_Pyramid.svg[1]

The name Six Sigma originated from terminology tied to manufacturing, especially terms associated with statistical modeling of manufacturing processes.

Sigma indicates its yield or percentage of defect-free products it creates while a six sigma process is one in which 99.00066 percent of the manufactured products are statistically expected to be defect-free (3.4 defective parts per million).

According to Wikipedia.org, Six Sigma doctrine asserts:

  • Continuous efforts to achieve stable and predictable process results are of vital importance to business success.
  • Manufacturing and business processes have characteristics that can be measured, analyzed, controlled and improved.
  • Achieving sustained quality improvement requires commitment from the entire organization, particularly from top-level management.

Features that set Six Sigma apart from previous quality improvement initiatives include:

  • A clear focus on achieving measurable and quantifiable financial returns from any Six Sigma project.
  • An increased emphasis on strong and passionate management leadership and support.
  • A clear commitment to making decisions on the basis of verifiable data and statistical methods, rather than assumptions and guesswork.

Just how all this applies to the Department of Public Safety and how it justified an expenditure of $450,000 remains unclear.

Asked why Sill was placed on the state payroll as an unclassified employee instead of being retained as a contractor, DPS explained that the department “utilized a Civil Service hiring option to employ Ms. Sill as a WAE (when actually employed) due to the length of proposed projects underway or planned. This allowed her to perform projects across various state agencies as a state employee.”

One explanation might be the $50,000 plateau for contracts. Any contract of $50,000 or more must be approved by the Office of Contractual Review.

A better reason could be that contracts are easier for prying eyes to spot and more susceptible to prompting questions from nosy reporters than an otherwise low key state hire.

But if the results of “streamlining operations of OMV” can be used as a barometer, the efforts of CTQ and Sill are less than auspicious. One need only make a trip to one of the local DMV offices gutted by Gov. Bobby Jindal’s employee layoffs to witness the interminable delays brought on by his privatization obsession. And while you’re waiting, don’t take it out on the overworked, stressed-out employees. Just remember to thank Jindal—and Lean Six Sigma.

And bring a good book to read while you wait.

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It’s the story that won’t die, no matter how the Runaway Governor (apologies to Julia Roberts) would like it to.

While Gov. Bobby Jindal may go running off to Iowa or New Hampshire or Washington, D.C., or wherever his latest odyssey takes him in his futile attempt at resuscitation of his moribund presidential aspirations while ducking his responsibilities at home, folks like political curmudgeon C.B. Forgotston and State Treasurer John Kennedy just won’t go away.

Instead, Kennedy is staying home and demanding answers to the nagging problem of the Edmonson Amendment that Jindal so obligingly signed into law as Act 859, giving State Police Superintendent Mike Edmonson that $55,000 bump in retirement income.

Act 859, which began as a bland, nondescript bill by Sen. Jean-Paul Morrell (D-New Orleans) that addressed procedures in cases where law enforcement officers are under investigation, quietly turned into a retirement bonanza for Edmonson.

That happened when State Sen. Neil Riser (R-Columbia) inserted language into a Conference Committee amendment to the bill that allows Edmonson and one other state trooper in Houma to revoke their decisions of several years ago to enter into the Deferred Retirement Option Plan (DROP) which gave them higher take home pay but froze their retirements at their pay level at the time of their decision.

In Edmonson’s case, his payment was frozen at 100 percent of his $79,000 a year captain’s pay but Act 859 allows him a do-over and to act as though all that never happened so that he can retire at 100 percent of his $134,000 per year colonel’s pay instead.

Other state troopers, teachers and civil service employees who made similar decisions, meanwhile, are stuck with their decisions because….well, sorry, but this is special for Col. Mike Edmonson Esq. Swank. Riff raff need not apply.

The Louisiana State Police Retirement System (LSPRS) board is scheduled to receive a special report by Florida attorney Robert Klausner, an acknowledged authority on public retirement plans, and local attorney Denise Akers at its Sept. 4 meeting but Kennedy isn’t waiting that long.

As State Treasurer, Kennedy holds a seat on the LSPRS board and he has repeatedly voiced his concern over the amendment which he says could put enormous strain on LSPRS if other retired state police officers file suit to obtain similar consideration as Edmonson.

He has claimed the board has a fiduciary responsibility to file suit to overturn the new law that Jindal so hastily signed.

A group of retired state troopers also has signaled its willingness to enter into litigation to get the law overturned.

Both Kennedy and the retired troopers contend the law is unconstitutional because it was not properly advertised in advance of its passage.

“Talking points” originating in State Police headquarters by Capt. Jason Starnes and sent to Edmonson, his Chief of Staff Charles Dupuy, and—for whatever reason—Louisiana Gaming Control Board Chairman Ronnie Jones, said the bill was properly advertised but because the bill in its original form in no way addressed retirement issues, that claim appears rather weak, especially given the fact that state police should be more skilled in producing hard evidence to back their cases.

The additional fact that the amendment never made its appearance until the last day of the session even though it had been discussed weeks before adds to the cloud of suspicion and wholesale chicanery enveloping Jindal, Riser, Edmonson, and Dupuy.

And Kennedy, who already has fired off two previous letters to LSPRS Executive Director Irwin Felps demanding a full investigation of the rogue amendment, now has written a third.

That letter, dated today (Aug. 13), while much shorter than the others, loses no time in getting right to the point: Kennedy is demanding under the state’s public records statutes (La. R.S. 44:31, et seq.) that Felps provide him a copy of the report generated by Klausner and/or Akers.

“Please immediately email the document(s) requested to me,” he wrote. “If you cannot or will not email them, please immediately inform me, and I will send a representative to your office to pick them up right away.”

Here is the link to his letter: Treasurer Kennedy Public Records Request to Irwin Felps August 13 2014

His letter sets the stage for a probable showdown between Kennedy and the rest of the board given the fact that Felps has previously denied Kennedy’s informal request for the report.

Felps said following Kennedy’s initial request, he was advised by legal counsel (most probably Akers) to release the report to the board members but not to the general public. He added that he expected Kennedy will have the report Thursday morning.

“I don’t know why the big cloak and dagger that they won’t share with the board,” Kennedy told the New Orleans Times-Picayune. http://www.nola.com/politics/index.ssf/2014/08/john_kennedy_demands_state_pol.html#incart_river

“I’m a board member and I’m entitled to it. They can’t tell me I can’t see it,” Kennedy said. “This is a very important issue and it’s not just limited to state police. We have thousands of employees in the retirement system (who) didn’t get this treatment.

“I just want to see a report that I asked for and the board asked for. It is a public document.”

Kennedy should know better. LouisianaVoice has already received its comeuppance from the House and Senate, both of which have refused to comply with our request for copies of emails and text messages between the six Conference Committee members who approved the amendment and Jindal, Edmonson or any of their staff members.

Even though such discussions would have fallen under the narrowest of definitions of public business, we were told the public has no business peeking over legislators’ shoulders to see what they’re doing and to please just butt out.

LSPRS board Chairman Frank Besson, president of the Louisiana State Troopers Association, told the Times-Picayune in a statement (prepared as talking points by Starnes, perhaps?) that he felt it would be “inappropriate and premature” for the board to take a position on Act 859 until it heard the attorneys’ report.

Uh, Trooper Besson, would that be more or less “inappropriate” than passing a secretive bill in the final hours of the session to benefit one person (well, two, since one other trooper fell within the strictly limited parameters of the bill’s language) while no one was looking?

Just as a reminder, it’s going to be difficult to get the board off dead center on this issue considering the board’s 11-person membership is comprised of four active troopers, Commissioner of Administration Kristy Nichols and one of Jindal’s legislative puppets, State Sen. Elbert Guillory (R/D/R-Opelousas), chairman of the Senate Retirement Committee (you can almost see Jindal’s lips move when he talks).

Just in case you lost count, that’s six members that Jindal and Edmonson control—and that’s a majority.

Folks, it’s looking more and more like that group of retired state troopers is going to have to make good on that threat to file a lawsuit challenging the constitutionality of the act.

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Call it coincidence, but the Baton Rouge Advocate today had an interesting lead editorial thanking State Police Superintendent Mike Edmonson and Gov. Bobby Jindal for assigning 100 state troopers to patrol the city of New Orleans through Labor Day in response to a Bourbon Street shooting spree on June 29 that left one dead and nine others injured. http://theadvocate.com/news/opinion/9965586-123/our-views-thanks-to-state

Certainly the timing of the editorial had nothing to do with the controversy swirling around the secretive passage of an obscure Senate bill during the last day of the recent legislative session that proved financially beneficial to Edmonson.

And certainly it had nothing to do with the fact that Advocate publisher John Georges wants to keep Edmonson happy because Georges holds a majority ownership in seven firms which provide video gambling machines and other services to gambling establishments—and because Edmonson oversees gaming through the State Gaming Control Board chaired by Ronnie Jones who served as Edmonson’s confidential assistant prior to his appointment to the Gaming Control Board. He is still listed as Edmonson’s confidential assistant on the State Police web page even though Jones says he resigned from that position last August. http://www.nola.com/news/index.ssf/2008/02/john_georges_gets_back_into_ga.html

Jones denies any knowledge of Georges’ video poker interests and says Edmonson is not his boss. “I wouldn’t know John Georges if he walked in the room right now and the fact that he has gaming interests doesn’t impress me,” he said, adding that Edmonson “has no control or influence over my board or its decisions.”

Jones’s denials notwithstanding, it appears we can dismiss any chance that the Advocate might delve into the murky political machinations behind the amendment especially tailored for Edmonson (though it did catch one other state trooper up in its generous net).

House Speaker Chuck Kleckley refused to open an investigation into the infamous Edmonson Amendment because he said the amendment was part of a bill that originated in the Senate. But one would expect no action from Kleckley. Otherwise, Jindal might remove his hand from his butt and Kleckley would then be rendered unable to speak—not that he’s ever said anything profound anyway.

The amendment, of course, tacked on an additional $55,000 per year to Edmonson’s retirement benefits and though Edmonson has since said he will not accept the extra income, he apparently overlooked the fact that the bill is now law, thanks to Executive Counsel Tom Enright’s stamp of approval and Jindal’s signing it as Act 859, which makes it impossible for him to arbitrarily refuse the financial windfall.

And it’s true enough that, Senate Bill 294 by Sen. Jean-Paul Morrell (D-New Orleans) did originate in the upper chamber and we now know that the amendment was added by Sen. Neil Riser (R-Columbia) but Kleckley conveniently overlooked the fact that three members of the Conference Committee which tacked on the amendment were members of the House.

But what about Senate President John Alario, Jr. (R-Westwego)? Certainly the esteemed Senate President would never let such a furtive move stain the stellar reputation of the Louisiana upper chamber. Surely he will launch a thorough investigation of the amendment since the bill and the ensuing amendment were the works of members of the Senate.

Don’t count on it. It’s rare that an elected official will bite the hand that feeds him—or a family member.

In this case, we’re speaking of one Dionne Alario, also of Westwego, who just happens to hold the title of Administrative Program Manager 3 for the Louisiana Department of Public Safety at $56,300 per year. She was hired last November and somehow manages to pull off the unlikely logistics of supervising DPS employees in Baton Rouge while working from her home in Westwego.

Oh, did we mention that she also just happens to be Sen. John Alario’s daughter-in-law?

We attempted to contact her at the Baton Rouge headquarters through the DPS Human Resources Department but we were given a cell phone number with a 504 (New Orleans) area code.

So if you expect Alario to conduct an investigation into the Edmonson Amendment, you can fuggedaboutit. It ain’t happening. His nest has been sufficiently feathered as to guarantee there will be no questions on his part.

It’s beginning to look more and more like the ol’ Louisiana political science professor C.B. Forgotston is correct: This entire Edmonson Amendment affair is quickly being swept under a very big rug.

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“Know this: we will support and protect the other retirees, surviving spouses and orphans as well as the citizens of this state, as we once took an oath to do, by any legal means at our disposal.”

—Excerpt from letter to State Police Superintendent Col. Mike Edmonson by retired state police officers objecting to the so-called Edmonson Amendment.

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The seventh floor of the Bienville Building on North 4th Street in Baton Rouge became a beehive of activity recently when employees of a temporary personnel service moved in to begin shredding “tons of documents,” according to an employee of the Louisiana Department of Health and Hospitals (DHH).

DHH is headquartered in the Bienville Building and the source told LouisianaVoice that the shredding, undertaken “under the guise of being efficient and cleaning,” involves documents that date back as far as the 1980s.

“The significance of this is that this is occurring in the midst of a lawsuit (that) DHH is filing against Molina in relation to activities that go back to the ‘80s,” the employee said. “Everyone is questioning the timing. Westaff temporary people have been in the copy room of the seventh floor for approximately two weeks now, all day, every day, shredding documents.”

https://www.westaff.com/westaff/main.cfm?nlvl1=1

The employee said so many documents were being shredded “that the floor is full of dust and employees have been ordered to clean on designated cleaning days” and that locked garbage cans filled with shredded documents “are being hauled from the building daily.”

LouisianaVoice submitted an inquiry to DHH that requested an explanation “in light of the current litigation involving DHH, Molina and CNSI”—two companies the agency contracted with to process Medicaid claims.

CNSI (Client Network Services, Inc.), which replaced Molina as the contractor for those services in 2011, had its $200 million contract cancelled by the Jindal administration after allegations of contact between then-DHH Secretary Bruce Greenstein and CNSI, his former employer, during the contract selection process. Investigations by the Louisiana Attorney General’s and the U.S. Attorney’s offices ensued but little has been heard since those investigations were initiated. Meanwhile, CNSI filed suit against the state in Baton Rouge state district court in May of 2013, alleging “bad faith breach of contract.” http://theadvocate.com/home/5906243-125/cnsi-files-lawsuit-against-state

Molina, meanwhile, was reinstated as the contractor to process the state’s Medicaid reimbursements but last month the state filed suit against Molina Healthcare and its subsidiary Molina Information Systems, alleging that the state paid Molina “grossly excessive amounts” for prescription drugs for more than two decades because the firm engaged in negligent and deceptive practices in processing Medicaid reimbursements for prescription drugs.

Prescription drugs account for about 17 percent of the state’s annual Medicaid budget, the lawsuit says.

The state’s lawsuit says that Molina has processed the state’s Medicaid pharmacy reimbursement claims for the past 30 years but from 1989 to 2012, Molina neglected to adhere to the state formula for payments and thereby committed fraud and negligence, violated the state’s consumer protection and Medical Assistance Programs Integrity laws. http://theadvocate.com/news/business/9579038-123/la-sues-medicaid-drug-payment

Olivia Watkins, director of communications for DHH, told LouisianaVoice by email on Wednesday that the Division of Administration maintains a contract with Westaff for temporary workers which can be used by different state departments. “DHH requested temporary workers through the existing contract to assist with various projects, including shredding,” she said.

A search of LaTrac, the state’s online directory of state contracts, failed to find either Westaff or Molina listed as contractors among either its active or expired contracts.

“With regard to the shredding,” Watkins said, “those documents that were shredded were old cost reports, statements and facility documents that were outside of their document retention period (anywhere from 5-10 years). The files being shredded were in no way related to the department’s previous contract with CNSI.”

Watkins, while denying any connection to the CNSI contract, failed to mention whether or not the shredded documents involved Molina’s contract or the state’s litigation against the company even though the LouisianaVoice inquiry specifically mentioned both companies.

In June of 2002, the nation’s largest accounting firm, Arthur Andersen, was found guilty of unlawfully destroying documents relating to the firm’s work for its biggest client, the failed energy giant, Enron.

And while that conviction was eventually overturned, the damage from its actions doomed the company and it ultimately shut its doors for good.

In the weeks leading up to the Enron collapse, Andersen’s Houston practice director Michael Odom presented a videotaped talk—that was played many times for Andersen employees—on the delicate subject of file destruction.

In that video, Odom said that under Andersen’s document retention policy, everything that was not an essential part of the audit file—drafts, notes, emails and internal memos—should be destroyed immediately. But, he added, once a lawsuit was filed, nothing could be destroyed. Anything could be lawfully destroyed, he advised Andersen employees, up to the point when legal proceedings were filed (emphasis ours). http://www.mybestdocs.com/hurley-c-rk-des-law-0309.htm

“If it’s destroyed in the course of the normal policy and litigation is filed the next day, that’s great,” he said, “because we’ve followed our own policy, and whatever there was that might have been of interest to somebody is gone and irretrievable.”

In a matter of days, Andersen’s Houston office began working overtime shredding documents, according to authors Bethany McLean and Peter Elkin in their book The Smartest Guys in the Room (The Amazing Rise and Scandalous Fall of Enron).

Perhaps the DHH shredding had nothing to do with the CNSI contract with DHH or with the litigation filed by CNSI over cancellation of its contract.

And it may be that the shredding was in no way connected to the Molina contract, even though Watkins failed to address that specific question by LouisianaVoice.

It could well be, as Watkins said, the document destruction was purely a matter of routine housekeeping.

But the timing of the shredding flurry, coming as it did only days following the July 10 filing of DHH’s lawsuit against Molina, and DHH’s murky and adversarial relationship with the two claims processing contractors do raise certain questions.

And Watkins’ assertion that the shredded records consisted of “old cost reports, statements and facility documents,” the dates of which fall within the time frame of the allegations against Molina, would seem to make those questions take on even greater relevance.

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Results from a public records request submitted to the Louisiana State Police by LouisianaVoice for emails related to the now notorious amendment to Senate Bill 294 did not produce any communications between legislators and Superintendent of State Police Mike Edmonson or his staff but a couple of the emails we got did reveal a rather defensive mode on the part of the powers that be at state police headquarters.

Not that we really expected full disclosure in releasing any damning emails in light of the response to a similar public records request by both the House and Senate that public business conducted by the legislature via emails and text messages is none of the public’s business.

Considering the brand of “transparency and openness” exhibited by the Jindal administration and the legislature’s willingness eagerness to roll over and play dead at the governor’s command, we should not have been surprised.

Typical of the attitude of this administration from top to bottom, including the Department of Public Safety and state police, is one particular email from Capt. Jason Starnes of the State Police Operational Development Section to several administrative types, including Edmonson, Ronnie Jones and Edmonson’s Chief of Staff Charles Dupuy on Wednesday, July 16.

The subject line of the email said, “RE: Advocate news story,” but Starnes’s message focused instead to the presence of our reporter Robert Burns at the meeting of the Louisiana State Police Retirement System (LSPRS) board which met on Tuesday, July 15, to discuss the ramifications of the SB 294 amendment which was quickly signed into law as Act 859 by Gov. Bobby Jindal.

Burns videotaped that meeting as well as an interview with board member State Treasurer John Kennedy following the meeting and posted both clips online.

“Here is the link to the video footage taken by Mr. Burns (whoever he is, wherever he came from and why he is so concerned about the LSP (Louisiana State Police) retirement system I have no idea),” Starnes wrote (emphasis ours).

So, if we read this correctly, Louisiana taxpayers have no business attending public meetings and have no right to concern themselves with such matters of infinite financial exposure created by subterfuge perpetrated by Edmonson’s staff (so Edmonson claims), a cooperative legislator in the person of Sen. Neil Riser (R-Columbia), and most likely, a conspiratorial governor whose brilliant idea it was to bump Edmonson’s retirement pay by a cool $55,000 or so a year.

On Tuesday, the day before Starnes expressed his apparent antipathy toward Burns, he authored an earlier email to Dupuy, Jones and State Police Public Affairs Commander Capt. Doug Cain in which he offered suggested talking points regarding the amendment controversy which was beginning to attract widespread media attention.

“Here is a draft of talking points and other legislative precedent,” he said, apparently setting the stage for an intricate misdirection campaign by citing other legislative acts dealing with state police retirement but which were not related to the amendment to SB 294.

“Please let me know if there or (sic) any other points that I failed to include,” he added.

Starnes then proceeded to list his proposed “talking points” which he grouped under specific headings, the first of which was:

What does ACT 859 do?

  • ACT No. 859 provides active members of LSP who entered DROP (before it was repealed in 2009) with an actuarially adjusted longevity retirement benefit when they retire.
  • The member must have been continuously employed since completing the DROP program.
  • The total retirement benefit will be equal to the benefit that such member would have received had he not entered DROP (the key element of the amendment) and cannot exceed 100 percent of the member’s final average annual salary (this corrects an earlier incorrect report that Edmonson would receive 100 percent of his salary plus $30,000 per year).
  • The actuarial cost associated with SB 294 (Act 859; Starnes uses the bill number and act number interchangeably, which could be confusing to some) will be paid from the balance in the Experience Account (Notice there is no mention that the Experience Account is intended to provide cost of living increases for retired troopers and their widows and children.).
  • The legislation does not rescind the DROP decision by the member and does not alter that benefit. This legislation provides for an actuarial adjustment to account for member that has continued to make contributions into the retirement system since completing the DROP program and would otherwise be eligible for full retirement benefit based on their actual years of service (This is where the financial exposure puts the LSPRS—and other state retirement systems—at risk by opening the door for others to sue for the same consideration.).

Legislative precedents

  • 2001—ACT No. 1160 was passed that increased the accrual rate from 2.5 percent to 3.33 percent for all active members of (LSPRS). This legislation was retroactive to date of hire and resulted in numerous members becoming instantly eligible for full retirement benefits. The estimated cost for this benefit was approximately $9.4 million. The ACT (we don’t know why Starnes capitalized “ACT” throughout his email) included those members that (sic) had entered DROP prior to June 30, 2001. This provision provided those members with an adjustment increase to their retirement benefit after entering DROP. (This simply means that instead of computing retirement benefits by multiplying the average salary for a members top three years of earnings by the number of years of service by 2.5 percent—$100,000 X 40 years X 2.5 percent would equal an annual retirement benefit of $100,000 or 100 percent of his/her salary—the years of service would now be multiplied by years of service by 3,33 percent, thus allowing one making $100,000 to retire at 100 percent in 30 years instead of 40—$100,000 X 30 X 3.33 percent. All other state employees’ retirements remain computed at 2.5 percent.).
  • 2003—ACT No. 748 was passed to provide a longevity adjustment to members that had previously entered the DROP program. This adjustment was the greater of a new calculated benefit (per statute) or 20 percent. All members affected by this legislation received a minimum of a 20 percent increase to their retirement benefit. The estimated cost for this benefit was approximately $1.03 million.
  • 2009—ACT No. 480 was passed that eliminated the DROP program and instituted the “Back-DROP” program. This was passed to improve benefits to active members who were required to make retirement decisions prior to necessarily completing their careers with the department. (Note: Edmonson said on the Jim Engster Show that he was forced into DROP. That is incorrect. While members were required to make a decision whether or not to enter DROP, no one was forced to enter the program.). This eliminated members being forced to make retirement decisions that adversely impacted their benefits. Both ACT 1160 and ACT 748 addressed those members in adverse retirement situations.

Notes

  • Act No. 859 simply follows other legislative precedents to address retirement adjustments for members remaining employed with the department following completion of the DROP program. (Well, maybe, but why was it done so surreptitiously? That would seem to be the key question that should be addressed here.).
  • This is an actuarial adjustment that will provide the same benefit as those who received full retirement benefits following the requisite number of years of service (Again, and not to beat a dead horse, Edmonson made a decision that no other employee throughout state government is allowed to revoke, a special benefit extended to him and one other trooper only.).
  • The members affected by the legislation have continued to pay into the retirement system since completed (sic) DROP.
  • Members will not receive more than 100 percent of their final average salary.
  • This legislation will not negatively impact the benefits of any retiree (other than drawing down the Experience Account).
  • There has been clear legislative precedent set to protect and adjust the retirement benefits for those members that (sic) have been negatively impacted by the DROP program (But again, that legislation was done openly, not sneaked in as an amendment to an unrelated bill during the final hectic hours of the legislative session.).
  • Public notice regarding the retirement legislation was published in The Advocate on Jan. 2-3, 2014 (Once again, we have unanswered the question of why then, did it become necessary to do this as a furtive amendment on the last day of the session?).
  • The conference committee report is deemed to be germane to the original bill in that it deals with rights of law enforcement officers which include the rights to retirement benefits per statute (This is the biggest stretch lie of all; the original bill dealt with disciplinary procedures to be used when law enforcement officers are accused of wrongdoing. That’s all. How can a pension amendment affecting only two officers possibly be germane to that?).

There also were copies of a series of email sent back and forth between Edmonson and the governor’s office in an attempt to schedule a last-minute attendance at a Sunday bill signing by Jindal that turned in something of a comedy sketch with Edmonson seeming to lose his patience in the final email.

The five bills all dealt with retirement and were to be signed on Sunday, June 1, that had everyone scrambling to round up warm bodies to attend the signing ceremony.

On Saturday, May 31, at 6:34 p.m., Shannon Bates, deputy communications director for the governor’s office, wrote, “Tomorrow we are having a bill signing ceremony for the retirement reform bill by

(Rep. Joel) Robideaux (R-Lafayette) and the 4 (Sen. Elbert) Guillory (R/D/R-Opelousas) COLA bills,” Bates wrote. “I know that is a Sunday but a lot of stakeholders are able to attend since the lege is in session anyway. Do you know if someone from the State Police system could attend or at least send us a quote for the release? (Nothing like waiting until the last minute to throw things together). We are having problems getting into (sic) touch with them…”

Nine minutes later, Edmonson responded: “Yes we will get somebody there.”

Three minutes following Edmonson’s reply, Shannon wrote, “Thank you – if you could let me know who it is that would be great!”

At 6:52 p.m. Edmonson Chief of Staff Dupuy wrote that he felt TFC Frank Besson, president of the Louisiana State Troopers Association, should accompany Edmonson to the event.

Edmonson, at 7:03 wrote to Dupuy, “He (Besson) needs to call Shannon for a quote.”

“Ok,” replied Dupuy 10 minutes later.

At 7:52, an apparent nervous Edmonson wrote to Besson: “Frank, have you handled?”

“Yes, sir,” answered Besson at 8:14 p.m. “I just spoke with Natalie (no last name available) to get the time, which will be 1:30.”

Edmonson, at 8:20 p.m., wrote to Besson: “Shannon is the contact. Make sure she gets a quote. I will be with you.”

“I’ll send her something tonight,” Besson answered.

At 8:25, Edmonson, apparently by now a little agitated, wrote Besson: “Get with Doug (Cain) and handle now. It should not have taken six emails.”

(Actually, including the emails from Bates, there were 11—eight between Edmonson and his subordinates—but who’s counting?)

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