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Archive for March, 2011

If one has a fetish for dizzying double-talk and head-spinning subterfuge, the office of the governor of Louisiana is the place to be. If that is impractical, as it is for most of us, then an attempt to communicate with Bobby Jindal’s office would probably rate a close second.

Capitol News Service (CNS) recently made such an attempt and the results would have been comical were it not for the fact that this is supposed to be the office of state leadership and inspiration. But if your idea of leadership and inspiration is Larry, Moe, and Curly, then you would probably find the results satisfying and fulfilling.

First of all, let’s be clear on two points right up front: one should never expect promptness in getting an answer and when you do get a response, don’t expect an intelligent answer.

We started in January with our attempts to obtain an accounting of the number of days that Gov. Jindal was absent from the state during 2010 for campaign appearances on behalf of other Republican candidates, for his own campaign fund raisers, and for promotions of his book, Leadership and Crisis.

That’s it. How many days was the governor out of the state during 2010? Period.

The request seemed simple enough for our purposes. Little did we know we needed to dumb it down for the governor’s office.

After four more official requests, we finally received a response but only after we found it necessary to give his staff a refresher course on the Louisiana Public Records Law. And even then, the response was mystifying.

A letter dated March 4 arrived by email from Deputy Executive Counsel Elizabeth Baker Murrill. In her letter, she demanded a check in the amount of $5. Okay, that’s not going to break us. We’ll pay that.

In her letter, she made a vague reference to “privilege, exception, exemption, or other limitations” and then alluded to financial records for campaign-related travel, which she said were not kept in the governor’s office.

Now, any paper shuffler in a position as high as deputy executive counsel to the governor should know that a simple accounting of the number of days the governor was gone from the state is in no way subject to “privilege, exception, exemption, or other limitations.”

Moreover, not once did CNS request financial records for campaign-related travel in any shape, form or fashion. Not once.

So, we dutifully remitted our $5 check along with a letter or our own. In our letter, we reminded Ms. Murrill that we were not seeking a financial accounting of the campaign trips—just the number of campaign trips on behalf of other candidates, book promotion trips, and personal campaign fundraising trips. That’s all.

We subsequently received a letter dated March 11 by traditional mail. In that letter she said, “On March 3, we notified you that the public records we could locate that were responsive to your requests were ready to be copied or reviewed.”

Well, first of all, it was March 4, not March 3, that I was first contacted by Ms. Murrill and secondly, the only records she said were available at that time was a list and cost of state-issued cell phones in use by the governor’s staff. That was in an earlier, separate request and the information had been previously provided. Maybe she was just having a bad day.

But then she reiterated, “We further advised that we do not have custody of campaign-related records, which are not public records.”

Besides her insistence on her office’s not having records for which we never asked, she is dead wrong in the last part of that sentence. Campaign expenses certainly are public record. In fact, politicians have been fined for failure to be forthcoming with complete campaign finance reports. Gov. Jindal himself was the subject of one of those fines. In 2008, he paid a $2,500 fine for his failure to report more than $100,000 spent on his behalf by the state Republican Party.

Let us know how that non-public campaign records theory works out for you, Ms. Murrill.

She then said, “Your requests seek a compilation of information, some of which is not contained in public record. Moreover, a legal mandate to manufacture and compile information in response to a request is not required pursuant to the public record laws. Nevertheless, in an effort to be cooperative, we searched for records that might be responsive to your request.”

Again, we beg to differ, Ms. Murrill. Nothing we requested would fall outside the definition of public record. And as far as a “legal mandate” to manufacture and compile information in response to a request “not being required pursuant to the public records laws,” we can only suggest that you take a remedial law course–or perhaps Civics 101– because again, you are dead wrong. You might start with a thorough reading of LA. R.S. 44:1-41. That should clear up any questions you might have about the public records law.

Then, along with what appears to us to be an incomplete accounting of the number of out-of-state trips the governor made during 2010, Ms. Murrill inexplicably included three pages that contained some type of financial accounting. There was no explanation, so there is no way of knowing what the payments, which totaled $65,898.85, were for.

With this kind of stellar legal advice, one would have to wonder what’s in store for the state as this administration continues to blunder its way through its bizarre policy decisions like selling off state assets in exchange for a quick but oh-so-temporary financial fix.

Just don’t bother the governor with pesky public records requests.

After all, when staffers questioned the legality of a proposed action by the Division of Administration last year, they were told, “Don’t be bound by the law.”

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A $49,999.99 contract between the Office of Group Benefits (OGB) and Chaffe and Associates appears to give the legislative auditor’s office complete and unfettered access to all records of Chaffe’s work for OGB, something it lacked in its recent audit of the Louisiana Office of Economic Development (LED).

Chaffe’s contract with OGB, executed on Feb. 16, calls for the New Orleans investment banking firm to prepare a “detailed report structured to provide sufficient information to permit OGB and the State Affiliated Parties (Office of the Governor and/or the Division of Administration) to understand the data, reasoning, and analysis underlying its (Chaffe’s) conclusion of value” of OGB.

Chaffe is charged with preparing and submitting a report setting forth its opinion of the current fair market value of the operations of OGB in preparation for Gov. Bobby Jindal’s anticipated attempt to privatize the office.

Capital News Service earlier reported that the Wall Street investment banking firm Goldman and Sachs was brought in for several weeks to assist in the preparation of a request for proposals (RFP) from “qualified financial advisors” to assess the market value of OGB.

The deadline for bids was March 7 with interviews of bidders scheduled to begin last Monday, March 14. The problem of timing arose when the administration realized it needed preliminary figures at least in time for the presentation of the governor’s proposed budget on March 11, three days before interviews were to begin.

Chaffe was given a contract to fast track the valuation of the agency in time for the budget presentation. The $49,999.99 contract amount was for one penny less than the minimum contract amount requiring Office of Contractual Review approval. CNS first reported that the contract was for $49,999 but upon receipt of a copy of the contract pursuant to a request under the Louisiana Public Records Act, it was learned that the contract was actually for an additional 99 cents.

While the contract was signed by Tommy Teague, chief executive officer of OGM, and Chaffe Managing Director Jonathan Briggs on Feb. 16, it was back-dated to Feb. 10 and runs through June 30, according to terms outlined in the document.

The contract also gives the legislative auditor the right to audit Chaffe’s work. “Chaffe grants to the Office of the Legislative Auditor, the Office of the State Inspector General, and any other duly authorized agency of the state the right to inspect and review all books and records pertaining to services rendered under this contract,” it says.

State auditors recently complained that the Louisiana Office of Economic Development (LED) denied them complete, unfettered access to requested documents during an audit of that agency.

The audit report said two meetings were held with LED Secretary Stephen Moret and the legislative auditor also sent two letters requesting unrestricted access to records but LED, citing workload issues and legal concerns, refused to cooperate, thereby preventing auditors from knowing to what extent documentation that was provided may have been compromised or whether or not they received complete information.

LED is a public agency, supported by taxpayer dollars, while Chaffe is a private entity.

R.S. 24:513 (I) provides that the legislative auditor’s authority to audit extends to “all documents, records, and files, whether confidential or otherwise.”

While appearing to give the legislative auditor carte blanche in the examination of Chaffe’s work product, the contract also takes careful measures to protect the firm’s report and work papers from public disclosure.

“Chaffe will not release any information to any third party about OGB or this engagement without OGB’s prior written permission,” the contract says, adding, “Chaffe’s work product or other written or electronic documentation regarding this engagement does not carry with it the right of publication without Chaffe’s previous written consent.”

The last sentence might be open to legal challenge inasmuch as once the report is submitted to OGB, DOA, or the governor’s office, it is presumed to be a public document under the state’s public records law and Chaffe would have no say in any decision to make the report public. The contract does appear to recognize that contingency in the next paragraph when it says that OGB agrees to notify Chaffe in writing “prior to the production of any Chaffe work product in response to a request pursuant to the Louisiana Public Records Act or any proceeding before a court or governmental or regulatory body.”

Payment terms of the contract calls for OGB to pay Chaffe a fee of $45,000 for the report, due upon delivery. The maximum payment, inclusive of other fees, expenses and copies is not to exceed $49,999.99, according to terms of the contract.

At the March 7 formal bid opening for the state’s RFP on the “qualified financial advisor,” an RFP in which Goldman Sachs played a major role in drafting, the only bidder was Goldman Sachs.

The global investment banking firm’s bid to more fully assess the fair market value of OGB and to find a buyer for the agency was for $6 million. A spokesman for DOA said that under terms of its bid, Goldman Sachs would receive the $6 million even if it is unsuccessful in securing a purchaser for the agency.

The same source said OGB’s current surplus of more than $500 million would be discounted and the state would receive $150 million to $200 million of that to help Jindal plug the gaping $1.6 billion budget gap with the purchaser retaining the balance.

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Editor’s Note: Gov. Bobby Jindal this week sent the following email statewide. An obvious kickoff to his re-election campaign, we can’t help but wonder if this was done from a state computer. No matter. We thought we’d help him get it more widely distributed while adding a few of our own observations.

Dear Friends – (so personal)

This week we announced economic development initiatives we will pursue in the upcoming legislative session in order to keep Louisiana competitive (of course we’re competitive; we’re all scrambling for jobs that ain’t out there) and attractive (How “attractive” can the unemployment line be, really?) as we work to foster more job growth (Wait. What?). We announced proposals to extend the Quality Jobs Program, the Research and Development Tax Credit (so, do I get a tax credit for researching and developing a story on what a doofus our governor is?) and the Technology Commercialization Credit/Jobs Program, and to enhance the Digital Interactive Media Production Tax Credit (and just who gets this little tax break, a generous campaign contributor perhaps?)

These programs are critical tools that are working and helping us to bring thousands of jobs to Louisiana (and just where would these alleged jobs be, on the governor’s staff?) so our people can find rewarding careers. For the announcement, we were joined by executives from three companies – Baton Rouge Coca-Cola Bottling Company, Globalstar and Esperance – who cited the tax credits as helping to convince them to create jobs in Louisiana (Wow, I’m underwhelmed. But wait! Coca Cola no longer makes those glass bottles that we used to redeem for 2 cents each. Well, there goes that job.) These economic development programs are at work across the state helping us create jobs (again, just where are these jobs?) and we must extend and enhance them to create even more opportunity for our people (Of course.)

We also announced this week that we are protecting and fully funding the K-12 education formula. Additionally, we proposed a student-based budgeting pilot program that will help improve student achievement. As I told the Monroe News-Star, we will fight attempts to cut K-12 funding and continue to look for innovative ways to educate our kids.

This week we also traveled to Minden where we broke ground at the future site of Northwest Louisiana Technical College’s new campus. As I told the Shreveport Times, this new campus is critical because it’s all about creating jobs (maybe that will offset your being all about destroying jobs, careers and lives) and we want Louisiana to have the best-trained workforce in the country (Best trained, least employed. Cool.)

Finally, on Valentine’s Day, we were honored to host a reception for Louisiana’s Longest Married Couple. As the New Orleans Times-Picayune reported (He obviously thinks that by quoting these publications, they will be less critical of him—and it seems to be working!), Dorothy and Ralph Richards of Slidell are just shy of celebrating their 81st wedding anniversary. (And it was obviously through the efforts of the governor’s office and the Baton Rouge Business Report that this couple (a) lived long lives and (b) stayed together so long.)

Sincerely,

Little Governor Bobby

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Editor’s note: Periodically, LouisianaVoice invites guest columnists to contribute to our blog. The following essay was written by Don Whittinghill, consultant to the Louisiana School Board Association.

It is also posted on the association’s website at http://www.lsba.com/.

Last week, Gov. Bobby Jindal released a budget proposal for the 2011-2012 fiscal year.

Legislators reacted swiftly. Some of them accused Gov. Jindal of balancing the state’s operating budget on the backs of college students, state workers, and the poor.

Demonstrations were staged on the Capitol steps.

The proposal was designed in the face of a financial chaos that might well be a politically orchestrated stage on which to carry out an ultra conservative agenda.

First, state universities were told by the governor that they would have to endure another 35% in cuts. Then, Superintendent Paul Pastorek told newly elected K-12 school board members that it would be likely only a 10% cut. Two days later the governor proclaimed it would be less than 10%.

Secondly, the official revenue estimates (made March 7) were for revenues to amount to $7.8 billion. The actual revenue collections for 2010 amounted to $7.1 billion.

It should be recognized that revenue estimates are made several times each year for the past 17 years. Over the 19 years for which estimates are recorded the Legislative Fiscal Office calculates that it has underestimated revenues in 16 of those years. The March estimate is that used for casting the state budget. Over those 19 years the fiscal authorities calculated an error rate, on the low side, averaged 7.7%. For each percent of underestimating revenue the fiscal office reports $96 million for each percent underestimated. That suggests the current pre-legislative estimate of revenue could be $739 million below actual when all is said and done.

When one looks into the presented budget one finds that vouchers for fewer than 2,000 New Orleans school children will increase to $10 million. These vouchers went, last year, to slightly more than 1,600 and the size of the average voucher was around $4,400. Current MFP budget letter shows the average per pupil contribution of state funds is less than $3,500.

The administration declares that it is protecting Pre-K-12 education. But, there is no adjustment of inflation, retirement system contributions rise more than 5%, health insurance coverage increases, school bus fuel costs have grown more than 20% in the last month and are projected higher. The legislature decreed that local school districts must pay for private school bus transportation that had formerly been paid by the state. The $5,000 per year stipend granted by the state for Nationally Certified Teachers has now gravitated to the local school boards to pay. Now, the administration proposes to fund TOPS scholarships by raiding a state trust fund that generates money for K-12 education.

As more and more public schools are taken over by the state and converted to charter schools that divert money from local public schools, Gov. Jindal presents as part of his budget cutting the selling of prisons to private firms. In the case of prison or privatized management of charter schools state money is diverted to the profit line. It is unclear how such diversion of funds can make for better service or lower costs.

Most folks would consider such a series of budgetary moves to be CUTS to Pre-K-12 education!

The administration declares it will not grant state employees, including teachers, a pay increase. But its budget calls for raising retirement contributions by 37%. This governor seems to think that raising college tuition is not the same as a tax paid by students and their parents.

The shock and awe doctrine that the administration has established in the media is, it seems, calculated to bring popular acceptance of policy that would not be accepted under more normal circumstance. In the game of craps such a move is known as a “come bet.”

The proposition that half of the dollars needed to fund the TOPS program would come when voters approve another Constitutional Amendment that has not even been introduced to the legislature would certainly raise an eyebrow or two if the average business did so.

The administration says it will cut over 4,000 state jobs to save money. The fact that over half of them were jobs not filled during the 2010-2011 fiscal year suggests a misunderstanding of the term cash flow.

An important ingredient in the state’s revenue stream is derived from the oil and gas industry. Many headlines, over the past year, have signaled huge shortfalls in mineral income to the state. However, a look at current official reports reveals some interesting facts:

The Revenue Estimate underlying the budget calls for an average price for crude oil pegged at $84.65 per barrel. Oil and gas industry estimates for the coming year average $101.77 per barrel. Each dollar per barrel difference amounts to $12 million in state revenue. That means if business forecasts are correct, the Revenue Estimating Committee is underestimating by over $200 million.

In 2010, Louisiana’s production of oil on state lands and waters increased over that of 2009 by 626,243 barrels. State natural gas production also significantly increased by 2.2 billion cubic feet. Much has been made of oil producers’ tax relief creating a shortfall in severance tax revenue. According to the state revenue department 2010’s severance tax increased $73 million or 10.7% over the prior year. It should also be recalled that severance taxes are dwarfed by other state revenues that flow from oil and gas production. Well over $1.1 billion was paid out to land owners (including the state) in royalties on production from their lands and in other expenses subject to sales taxes. The income collected by Louisiana’s folks is subject to income tax (lessened by depletion allowance deductions) which is substantially more productive for the state treasury. In the Haynesville Shale gas field, more than 4,000 acres of state-owned land is leased for production.

One might also consider the administration/legislative attitude toward the “Rainy Day Fund.” The Center on Budget and Policy Priorities, a Washington, D.C-based think tank says they are designed to be used when times are bad. In Louisiana, the debate over just what constitutes a fiscal “rainy day” has fixated budget planners for more than a year. About $644 million remains in the Budget Stabilization Fund. One might question whether or not these times are sufficiently bad to justify tapping those funds. While there are restriction that revolve on repayment into the fund, that law can be changed about as easily as the administration-proposed raid on trust funds to fund TOPS.

It appears as if there is a real need to evaluate administration shock-doctrine financial claims. If the administration is right, that leaves another option to be considered other than that proposed.

Moody’s Investors Service, in January, reported that Louisiana’s debt per capita was $4,799 with by far the majority being unfunded pension liability.

Still another D.C.-based think tank, The Tax Foundation, ranks states on a per capita tax basis. Louisiana, in the most current ranking, is 42nd lowest taxed in the nation. One might ask: does Louisiana face a spending problem or is it short of revenue to meet real needs?

When the smoke enveloping the newly proposed budget clears, and the mirrors start to reflect reality, perhaps the chaos being manufactured will be clearer. The priority of state spending then might be seen less on enhancing the Governor’s national image and more on meeting public needs.

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A major global investment banking firm that spent several weeks with state officials assisting in the writing of a request for proposals (RFP) from “qualified financial advisors” to assess the market value of the Office of Group Benefits (OGB) preparatory to privatizing the agency turned out to be the only one to submit a proposal, according to sources within the Louisiana Division of Administration (DOA).

Goldman Sachs, which helped write the specifications of the RFP, submitted the lone proposal that calls for the Wall Street firm to assess the market value of all tangible and intangible assets of OGB and to seek a buyer for the agency that oversees benefits for 78,000 people, including state employees and their dependants.

Under terms of its proposal, presented on Monday, Goldman Sachs would receive $6 million for its services whether or not it is successful in securing a buyer for the agency, one source said. “Even if they are unable to find a buyer, they still get the $6 million,” he said.

In another development that could raise eyebrows among members of the Joint Legislative Committee on the Budget, the Division of Administration, realizing it was short of time, retained the services of a New Orleans firm to work up an evaluation in time for Gov. Bobby Jindal to submit his proposed budget last Friday.

The firm, Chaffe and Associates of New Orleans, was awarded a contract for $49,999–one dollar less than the $50,000 amount that would have required the approval of the Office of Contractual Review. Moreover, when the contract was initially drafted, it was for $44,000 but was quickly amended to $49,999.

It is considered unusual, if not illegal, for a firm to assist in drawing up specifications for a bid proposal and subsequently bidding on—and winning—the contract for the work.

Gov. Jindal has indicated he feels he can use $150 million to $200 million of OGB’s current surplus of more than $500 million to help plug the state’s looming $1.6 billion budget deficit.

The way it would work, said the DOA source who asked not to be identified, the purchaser would discount OGB’s assets, giving the state $150 million to $200 million with the remaining $300 million to $350 million being passed on to the purchaser.

Jindal, in his budget proposal last week, called for the elimination of 149 positions at OGB, saying the layoffs would save the state $10.3 million, a figure disputed by Capitol News Service’s DOA source.

“The privatization of Group Benefits, if it goes through, will destroy health benefits for state employees,” he said.

Those sentiments have been echoed by State Sen. Butch Gautreaux of Morgan City.

“I am very concerned about the governor’s efforts to sell off OGB,” said Gautreaux, a member of the OGB board, in a recent email. “I sit on the board and attend the meetings. We’ve developed a reserve of over $500 million and again, the governor is looking at raiding those funds for short term and recurring expenses.”

He said OGB, with administrative costs of only 4 percent, is financially stable. Privatization, he said, “will be a catastrophic move.”

“The governor is getting some very bad advice,” said the DOA source. “He’s listening to people who have no insurance background whatsoever.”

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