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JINDAL STATE OF THE STATE ADDRESS(FROM OUR ANONYMOUS CARTOONIST: CLICK ON IMAGE TO ENLARGE)

If there was any lingering doubt that Bobby Jindal has been committing payroll fraud, that doubt was erased in last Monday’s State of the State address to legislators at the opening of the 2015 legislative which, thankfully, will be his last such address.

Fraud is defined as:

  • The wrongful or criminal deception intended to result in financial or personal gain;
  • Deceit, trickery, or breach of confidence perpetrated for profit or to gain some unfair or dishonest advantage;
  • A person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.

Payroll fraud is further defined as the unauthorized altering of payroll or benefits systems in order for an employee to gain funds which are not due. The person making financial gain could be the employee or could be an associate who is using the employee to commit the fraud while taking the funds for himself.

There are generally three types of payroll fraud but for our purposes we are interested in only one:

  • Ghost employees—A person, fictional or real, who is being paid for work he does not perform. In order for the fraud to work the ghost employee must be added to the payroll register. If the individual is paid a monthly salary this is easier for the fraudster, as once this has been set up there is little or no paperwork required. In order for the fraud to work, the ghost employee must be added elected to the payroll register. Once this has been set up, there is little or no paperwork required.

Under that definition, Jindal could certainly be considered a ghost employee. One person even suggested that it was not really Jindal speaking to legislators, that Jindal was actually in Iowa and they were being addressed by a hologram.

We maintain that Jindal is committing payroll fraud by vacating the state so often and leaving the details of running the state to appointed subordinates as inexperienced and naïve as he. The point here is this: No one on his staff was elected; he was. And he has not been at the helm of the ship of state and by absenting himself so frequently and so consistently as he gins up his presidential candidacy, he is committing payroll fraud, theft, and malfeasance. Others, like former Desoto Parish School Superintendent and Board of Elementary and Secondary Education member Walter Lee have been indicted and been prosecuted for payroll fraud.

Before we really get into his speech to legislators, JINDAL ADDRESS TO LEGISLATURE we simply must call attention to the feeble effort at humor he (or someone) injected into the third line of his speech:

“Well, here we are…at the moment that some of you have been waiting for a long time—my last state of the state speech.”

After an apparently appropriate pause, he continued: “No, that was not supposed to be an applause line…and I do appreciate your restraint.”

Seriously? You actually wrote that line in your speech? If you have to write that in, if you are incapable of ad-libbing that simple line, then we now understand that idiotic response to President Obama’s State of the Union Address in 2009.

Before getting to the real meat of his legislative agenda for this year (if you can call it that), he touched ever-so-lightly on a few other points he generously referred to as his administration’s accomplishments. Our responses to each point are drawn directly from statistics provided by 24/7 Wall Street, a service that provides a steady stream of statistical data on business and government:

  • “We cleaned up our ethics laws so that now what you know is more important than who you know.” (A quick look at the appointment of Troy Hebert as director of the Office of Alcohol and Tobacco Control after the baseless firing of Murphy Painter could quickly debunk that bogus claim. So could several appointments to the LSU Board of Supervisors and the equally egregious firing of key personnel like Tommy Teague who did their jobs well but made the fatal mistake of crossing Mr. Egomaniac.)
  • “We reformed our education system…” (Louisiana is the fifth-worst educated state and we are the third-worst state for children who struggle to read);
  • “We reformed our health care system…” (Really? Is that why the privatization of our state hospitals remain in turmoil? That same reform ultimately forced the closure of Baton Rouge General Mid-City’s emergency room because of the overload brought on by the closure of Earl K. Long Hospital? Can we thank your “reform” for the fact that Louisiana still has the nation’s third-lowest life expectancy rate or that we enjoy the nation’s third-most unhealthy rating, that we are fifth-highest in cardiovascular deaths or that we have the highest obesity rate in the nation?);
  • “…Our economy is booming.” (Seriously? Louisiana is rated as the worst state for business in the U.S.; we rank sixth-highest among states where the middle class is dying; we remain the eighth-poorest state in the nation with a poverty rate that is third-highest, and we’re saddled with the fourth-worst income disparity in the nation and we’re rated the 10th-worst state in which to be unemployed.);
  • “We have balanced our budget every year…and have received eight credit upgrades.” (This one of those claims so preposterous one doesn’t know how to respond, but we’ll give it our best. Jindal has repeatedly patched budget holes by skimming funds from other agencies, like more than $400 million from the Office of Group Benefits reserve fund, from the sale of the tobacco settlement, from ripping funds for the developmentally disadvantaged (to fund a race track tied a political donor—what was that line again about “what you know, not who you know”?), by cutting health care and higher education, by selling state property, and now he’s trying to cover the current $1.6 billion budget hole by selling the State Lottery. As for those credit upgrades, we can only point to the February action by Moody’s and Standard & Poor’s bond rating agencies to move the state’s credit outlook from stable to negative—and to threaten the more severe action of a downgrade.);
  • “The end result is a stronger, more prosperous Louisiana for our children. I measure Louisiana’s prosperity not by the prosperity of our government, but by the prosperity of our people.” (So, why are the fifth-most dangerous state in the nation? The 10th-most miserable state? Why do we have the eighth-worst quality of life? And the 11th-worst run state in the nation? And why have you never once addressed in your seven-plus years in office our ranking as the number-one state in the nation for gun violence or our ranking as first in the world for our prison incarceration rate?)
  • “We don’t live by Washington’s rules of kicking our debts down the road.” (For the love of God…);
  • “We have laid out a budget proposal that seeks to protect higher education, health care and other important government functions.” (And that’s why higher education and health care have been cut each of your years in office and why more cuts are anticipated that could conceivably shut down some of our universities. You really call cuts of up to 80 percent “protecting” higher education?);
  • “We have a system of corporate welfare in this state.” (Wow. After more than seven years of giving away the store to the tune of billions of dollars in corporate tax breaks, you finally come the realization that perhaps your generosity to the Wal-Marts, chicken processing plants and movie production companies may have been a bit much—that those policies may have actually hurt the state? What brought about this sudden epiphany? Bob Mann, in his Something Like the Truth blog, was all over that when he called attention to Jindal’s latest comment in the face of his claim a couple of years ago that we were “crushing businesses” with oppressive taxes. We’ll let him take this one.) http://bobmannblog.com/2015/04/17/bobby-jindal-is-now-against-corporate-welfare/
  • “We have identified over $500 million of corporate welfare spending that we think should be cut…” (Why the hell did it take you seven years?)

After all was said and done, after his hit-and-run sideswipes at all his purported “accomplishments,” Jindal devoted the bulk of his address to only two issues: Common Core and religious liberty. Of the latter issue, he said, “I absolutely intend to fight for passage of this legislation.”

Jindal was referring to Bossier City Republican State Rep. Mike Johnson’s HB 707 which would waste an enormous amount of time and energy—time that could be better spent on far more pressing matters, like a $1.6 billion deficit—on preventing the state from taking “any adverse action” against a person or business on the basis of a “moral conviction about marriage.”

Despite claims by Jindal and Johnson to the contrary, the bill is nothing more than a clone of the Indiana law that constitutes a not-so-subtle attack on gays or anyone else with whom any businessman deems a threat to his or her definition of marriage.

So, after eight addresses to the legislature, Jindal has yet to address any of the issues like inadequate health care, violence, poverty, pay disparity or equal pay for women, increasing the minimum wage, poor business climate (his rosy claims notwithstanding), our highway system (we didn’t mention that, but we are the seventh-worst state in which to drive, with the 15th-highest auto fatality rate), or our having the highest incarceration rate in the world.

Instead, the thrust of his address is aimed at Common Core—he called it federal control even though Common Core was devised by the nation’s governors and not the federal government—and something called the “Marriage and Conscience Act.”

And he expects those two issues, along with something he calls “American Exceptionalism,” to thrust him into the White House as leader of the free world.

And, of course, attacking national Democrats like Obama and just today, Hillary Clinton, on her claim of having immigrant grandparents. Jindal, of course, wants exclusive rights to that claim and says so with his oft-repeated platitude: My parents came to this country over 40 years ago with nothing but the belief that America is the land of freedom and opportunity. They were right. The sad truth is that the Left no longer believes in American Exceptionalism.”

Well, to tell the truth, if Bobby Jindal is the example—the standard-bearer, if you will—for what is considered “American Exceptionalism,” then frankly, we don’t believe in it either.

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JINDAL PRESIDENTIAL SWEEPSTAKES

(CLICK ON IMAGE TO ENLARGE)

Bobby Jindal proved Wednesday that he still has a few tricks up his sleeve and the 2016 presidential sweepstakes have taken an unanticipated new look as a result.

With Texas Sen. Ted Cruz becoming the first to officially announce his candidacy for the Republican presidential nomination, Jindal, who had said he would wait until the 2015 legislative session ended in June to make his announcement, surprised all the experts by making his own announcement today—but not, however, to be the Republican standard-bearer.

Instead, Jindal announced that he will head the newly-founded Latin language-inspired Anas Party, the seventh political party that is expected in the November 2016 election, in a dual strategy to siphon off right-wingnuts from the tea party faction as well as disaffected mainstream Republicans in an effort to “do for the nation what I have done for Louisiana.”

Jindal denied that the timing of his announcement was a result of Cruz’s formal entry into the race. “I had planned to make this announcement at this time all along,” he said. “I referenced a timeframe of the end of the session only in order to be sure all the pieces were in place. As you know, I am results-oriented and every move I make is carefully thought out so as to take all possibilities into consideration. That is what has made my two terms as governor such a success.”

Eschewing a national convention—“that’s another area where waste can be eliminated,” he said, adding that money that normally would go for that purpose would be used to hold the most lavish and ostentatious inauguration in the nation’s history—Jindal announced that Commissioner of Administration Kristy Nichols will be his vice presidential running mate.

Going even further, he named several current aides and associates whom he said he will appoint as cabinet members and department heads when elected. Heading up his cabinet will be Secretary of Morality Phil Robertson of Duck Dynasty fame. “I realize there is no such cabinet position in existence at this time,” Jindal said, “but as I’ve said many times before, this country needs to right itself and embark on a course of morality and righteousness as determined by the only person qualified to set those standards—Phil Robertson.”

Jindal said that given his public stance on gays, women and blacks, “he is an obvious choice for Morality Secretary.”

Other appointments announced nearly two years in advance include:

  • Ruth Johnson: Secretary of Defense owing to her ability to jerk subordinates in line for the temerity of simply talking to someone not considered friendly to the administration;
  • Mike Edmonson: FBI Director because of his unflagging loyalty to Jindal and his background in law enforcement;
  • Troy Hebert: Director of the Bureau of Alcohol, Tobacco and Firearms, for obvious reasons;
  • Stephen Waguespack: Executive Counsel, the same position he held in Baton Rouge for Jindal;
  • Timmy Teepell: Chief of Staff, likewise the same position he held previously in Jindal’s state administration;
  • Tim Barfield: Treasurer, following his tenure as head of the Louisiana Department of Revenue;
  • Stephen Moret: Secretary of Commerce, where he will continue in his efforts to lure business and industry….back to the U.S.;
  • Alan Levine, Bruce Greenstein, Kathy Kleibert: Secretary of Health and Human Services, because her record at Louisiana DHH speaks for itself;
  • Curt Eysink: Secretary of Labor based on the decimation of workers compensation claims in the state;
  • Kyle Plotkin: Press Secretary, a lateral move and closer to his New Jersey home;
  • Jimmy Faircloth: Special Counsel, in case Jindal ever gets in trouble with the House Judiciary Committee, which will be inevitable if he is elected.

“I’ve given much thoughtful prayer to this and I feel led to form a seventh party. After all, the world was created in seven days and I believe a seventh political party is symbolic of what God wants me to do,” Jindal said.

“In that same vein, I have formed seven separate super PACs through which illicit, illegal and immoral campaign funds may be funneled in order to protect the identities of my supporters,” he added. “In today’s political atmosphere, it’s critical that there be a sufficient number of super PACs to support a candidate’s efforts. There are those who would prefer that their names not be put out there for the public but who nonetheless wish to support my candidacy. The super PACs provide an avenue for them to do just that.”

As President, Jindal said he “will continue to implement the same programs nationally that I have in Louisiana. I am leaving Louisiana better than I found it. Three things:

  • “I have downsized government by reducing the number of state employees by 400,000; “Louisianans are earning more than anyone else in any other state;
  • I’ve created two million new jobs through incentives and tax exemptions;
  • “Our highways and bridges are in the best of shape;
  • “Our colleges and universities are funded at a higher level than at any time in Louisiana history;
  • “Our elementary and secondary school students have the highest scores in the nation;
  • “The bond rating agencies have bestowed the highest ratings on Louisiana;
  • “Our health care takes a back seat to no one, thanks to our wise decision to privatize state hospitals;
  • “I have given the state balanced budgets in each year of my term.

“Going forward, I am prepared and equipped to deal with radical Islam by cutting social programs, education and health care in order to quadruple the Pentagon’s budget. There will be no “no-go” zones in my presidency—except in New Orleans and certain parts of Baton Rouge and Shreveport. Obamacare will be but a distant memory and Americans can be proud of the fact that they will be masters of their own medical fate and not dependent upon federal giveaway programs fraught with corruption, fraud and waste. I will reduce the number of federal employees by 135 million, just as I did in Louisiana while getting the country moving in the right direction—again, as I did in Louisiana.”

For the remainder of his term as governor, Jindal said he will turn the House chamber on the State Capitol’s first floor into a full gospel church, complete with faith healing and exorcisms. “The chamber is never used except for three months a year during the legislative session,” he said. “If we fill the House chamber, we can move a spillover service into the Senate chamber. We will turn the governor’s mansion into a parsonage for visiting preachers because I’m never there anyway.”

Where Ted Cruz used Liberty College as his launching pad for the Republican nomination, Jindal said he will draw heavily on support from the American Family Association (AFA) in Tupelo, Mississippi, and from the Westboro Baptist Church of Topeka, Kansas.

“We’re excited about the coming months of this campaign,” he said. “We feel that between Fox News, AFA, Westboro Baptist, and Duck Dynasty, we will sweep all the lunatic fringe crumbs off the table and onto our lap. It’s a great time to be doing what divine inspiration has called upon me to do for America.”

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My friend Walter Abbott up in Ruston seems to have a problem with any public employee as does, apparently State Rep. John “Jay” Morris, III (R-Monroe).

Abbott, as I, publishes a political blog and that certainly is his—or anyone’s—right. But the thing that he can’t seem to get around is his constant habit of labeling any public employee as a “deadhead.” In fact, he never refers to public employees, be they teachers, law enforcement officers, firemen, or highway construction crews, as anything but “deadheads.”

I’m not certain what Walter does for a living, but I would assume his work is essential and not of the “deadhead” status. But one can never be sure. Sometimes one creates a deliberate smokescreen (such as name-calling) as a tactic to deflect attention from himself. Again, I don’t know that, I’m just sayin’…..

Walter’s post today (March 31) provides a link to a story by Baton Rouge Advocate reporter Elizabeth Crisp which said that Louisiana college and university students plan to demonstrate at the state Capitol on April 15 as a protest to anticipated draconian cuts to higher education appropriations for the coming year.

But Walter, in his classic inimitable parsing of nomenclature, says in the headline to his blog: “Student Mob to Protest on Behalf of Deadheads.”

Student Mob? Seriously, Walter? You know with absolute certainty that these students will be roving bands of vandals, possibly armed, intent on rape and pillage and assorted other forms of crimes against humanity? Hell, Abbott, you’re better than the entire Justice League. Perhaps we need to make you an official state deadhead and bring you to Baton Rouge or New Orleans or Shreveport to fight crime—in advance with your gift of clairvoyance, of course. Which city? No problem; with your obvious skill at predicting the future, you need only tip off the deadhead law enforcement agencies in each city when a crime is about to take place.

And about that “deadhead” term you so love to toss around: I can only assume that you’ve drunk the Ted Cruz/Scott Walker/Rand Paul tea party Kool-Aid which finds all things public to be anathema.

In a previous blog you referred to teachers as “deadheads.” Well, Walt, unless I’m mistaken, a teacher taught you to read and write, which enables you to now turn on those same dedicated people by calling them “deadheads.”

Let me enlighten you about teachers, Walt, because you obviously do not know the facts or you choose to ignore them. Besides the problem that all teachers face, namely the constant push and pull from politicians who seem to think they have all the answers and rush in with ill-advised education “reform” measures, there are these specifics:

  • Kindergarten and elementary teachers: Not only must they teach, but they also have to do lesson plans, grade papers at night (after cooking for the family and cleaning house and helping their own kids with homework), contend with kids who can’t keep up in class because their lazy or irresponsible, drug-addled parents won’t take the initiative to help the kids at home, then attempt to appease those same parents who want to shift the blame for the kids’ poor grades onto the teacher. They daily see these same children come to school hungry or unbathed—or both. In addition to all these duties is the constant paperwork that must be filled out by teachers and as they perform all these tasks, they often are called upon to wipe snotty noses and wipe soiled behinds. Summer vacation? Fugetaboutit. That three-month vacation you always hear about is a myth. When school is out, classrooms must be cleaned, books put away, furniture stacked against the wall so janitorial crews can move in to do their jobs and by the time all that is done, it’s time to start planning the new school year.
  • Middle school teachers: One might think that middle school is a breeze but this is where kids grow into puberty, where cliques are formed and where little teen-age girls snipe at each other behind their backs. It ain’t pretty. As these children grow from adolescence into teens, attitudes are formed and teachers must deal with that reality on a daily basis. Moreover, remember those kids from elementary school who were lagging behind? Well some of them are older than their classmates because sadly, they had to be held back one or more grades. But they’re falling even further behind and it becomes the middle school teacher’s task to confront angry parents who won’t accept their own role in educating their own children. And that paperwork didn’t go away in elementary school. Neither do the late night paper grading sessions.
  • High school teachers: By now, the slower students have become a real challenge. Not only do they refuse to do their assignments and fall even further behind before eventually dropping out of school (and teachers consider every dropout a personal loss, some might even say a failure). But those who remain have by now developed really nasty attitudes (often encouraged at home by parents who still refuse to accept responsibility) and teacher-student confrontations often occur that sometimes become physical, placing the teacher in danger of bodily harm.

So there you have your teacher “deadheads,” Walt. But you know what? Through it all, they persevere at salaries most likely considerably less than what you make, because teaching is not an occupation, it’s a calling, and these educators are dedicated to that calling—something you obviously do not comprehend or care to.

But Walt insists on attaching that label to all public employees. Well, Walt, I was one of those “deadheads” for 20 years, working as a claims adjuster for the Office of Risk Management.

And being completely candid, I was far from being the best adjuster in the office (even though I was once told that I was by a member of management in his somewhat feeble effort at blowing smoke up my toga—some form of weird motivation, I suppose) but despite my many shortcomings (I love writing more than insurance), I still managed to help save the state several millions of dollars in bogus claims. To that end, despite my habitual failure to keep my diary updated and my distaste for insurance, I still managed to justify my salary many, many times over.

Finally, Walter, I would ask that you consider this in the future when dealing with these “deadheads”:

  • When you find a pothole in your street that tears up your vehicle’s front end, call a tea partier, not the highway department—they’re deadheads;
  • Same thing when you observe litter along the streets and highways;
  • When your sewer line backs up because of a lack of maintenance because the deadheads have been laid off, call a tea partier;
  • When you discover rust and other substances in your water line for that same reason, call a tea partier;
  • When your neighbor knocks down your fence and refuses to pay for it, don’t bother filing suit. Those courtroom employees, including the judge, are deadheads. Call a tea partier.
  • When your house catches fire, don’t call the fire department. They’re just a bunch of deadheads. Call the tea partiers;
  • When you or a family member is being assaulted by some thug, the police department, staffed with deadheads, is obviously the wrong call. The tea party will set things right for you.

Count on it.

As for Rep. Morris, his recent comments constitute a classic example of shooting the messenger.

He, like Jindal’s former chief of staff, now president of the Louisiana Association of Business and Industry (LABI), Stephen Waguespack (the same one who leaned on Murphy Painter to ignore Office of Alcohol and Tobacco Control regulations in that issue over the Budweiser tent at Jindal contributor Tom Benson’s Champion’s Square), doesn’t feel that Bob Mann retains the right of free speech under the First Amendment simply because he’s on the payroll of LSU.

Rep. Morris, you are an attorney and as such you of all people should be at the front of the line to defend that right. Instead, you choose to jump into the fray based on another blog, that of Scott McKay’s The Hayride. http://thehayride.com/2015/03/twitter-tough-guy-bob-mann-takes-on-labi-over-waguespacks-column/

McKay and Morris wax indignant that Mann has the audacity to write—on his own time—a column for the New Orleans Times-Picayune while teaching (this semester) one class because of the necessity to care for his wife who is ill.

Of all things, Morris chooses to compare Mann’s salary to that of a public school teacher who he says works for a paltry $32,000 a year. Well, isn’t it in the legislature’s power to increase those salaries? Has Rep. Morris ever, even once, made a move to raise the pay for teachers? Or instead, was he one of 53 House members who voted to kill House Bill 645 by Rep. Marcus Hunter (D-Monroe) to raise the state minimum wage? See for yourself: HB 645 VOTE

Rep. Morris, you can’t have it both ways: you can’t use teachers’ salaries against Bob Mann if you’ve never attempted to rectify the gaping disparity yourself. That comes under the heading of hypocrite. Don’t be so smug in jumping on Mann’s case as a means of questioning LSU’s budget while defending NLU perhaps because some of that university’s employees might be your constituents whom you don’t want to offend.

Rep. Morris asks the rhetorical question: “How are we polititians (sic) supposed to raise revenue to save higher ed when there might be a whole lot of waste?” Shouldn’t that be a question for you, as a representative of the people, to sort out? Have you and other legislators been asleep at the wheel so long that waste occurs right under your collective, oblivious noses?

If you are so concerned about waste, don’t you think it might have been a good idea for you to have checked the campaign expenditures of Rep. Erich Ponti (R-Baton Rouge) before you contributed $1,000 to his campaign, and who in turn contributed $1,000 to the campaign of Rep. Clay Schexnayder (R-Gonzales)? Do you really think their expenditures of $15,405 and $9,660, respectively, to purchase of LSU football and softball tickets from 2010 through 2014 was the most judicious use of their campaign funds? Could that perhaps be included in your sanctimonious, somewhat selective definition of waste?

CAMPAIGN CONTRIBUTIONS:

Recipient     Contributor Description Date Amount
Ponti, Erich E. JOHN C JAY MORRIS III FOR STATE REP  2705 OAK DR MONROE, LA 71201 CONTRIBUTION 6/28/2012 $1,000.00
Recipient     Contributor Description Date Amount
Schexnayder, Clay FRIENDS OF ERICH PONTI CAMPAIGN Thibodeaux Ave Baton Rouge, LA 70806 CONTRIBUTION 11/14/2011 $1,000.00

CAMPAIGN EXPENDITURES:

Candidate   Recipient Description Date Amount
Ponti, Erich E. LSU ATHLETICS PO BOX 25095 BATON ROUGE, LA 70894-5905 TICKETS 5/13/2014 $3,310.00
Ponti, Erich E. LSU ATHLETIC TICKET OFFICE BATON ROUGE, LA 2012 FOOTBALL SEASON TICKETS/PARKING 4/20/2012 $3,130.00
Ponti, Erich E. LSU ATHLETIC DEPARTMENT ATHLETIC ADMINISTRATION BLDG BATON ROUGE, LA 70803 FOOTBALL TICKETS 5/5/2013 $3,110.00
Ponti, Erich E. LSU ATHLETICS c/o Speakers’ Office LA State Capital Baton Rouge, LA 70801 2010 Legislative Football Tickets 4/21/2010 $2,000.00
Ponti, Erich E. LSU ATHLETICS P.O. BOX 25095 BATON ROUGE, LA 70803 FOOTBALL TICKETS 4/26/2011 $2,000.00
Ponti, Erich E. LSU ATHLETICS P.O. BOX 25095 BATON ROUGE, LA 70803 FOOTBALL TICKETS 6/6/2011 $950.00
Ponti, Erich E. LSU ATHLETIC TICKET OFFICE BATON ROUGE, LA LSU FOOTBALL TICKETS 1/4/2012 $905.00
Candidate   Recipient Description Date Amount
Schexnayder, Clay LSU ATHLETIC DEPARTMENT ALTHLETIC BLDG BATON ROUGE, LA 70803 TICKETS 4/11/2014 $3,210.00
Schexnayder, Clay LSU ATHLETIC OFFICE 110 Thomas Boyd Baton Rouge, LA 70808 TAFT donation and tickets 5/23/2012 $3,135.00
Schexnayder, Clay LSU ATHLETIC OFFICE 110 Thomas Boyd Baton Rouge, LA 70808 tickets 5/22/2013 $3,115.00
Schexnayder, Clay LSUE SOFTBALL 2048 JOHNSON HWY EUNICE, LA 70535 DONATION 12/3/2014 $200.00

We’re just saying people who live in glass houses…

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By Robert Burns (Special to LouisianaVoice)

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

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

First, some background.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The panel ruled in FEMA’s favor.

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

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

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From our anonymous cartoonist (with our eternal gratitude)

From our anonymous cartoonist…(Click on image to enlarge).

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