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Archive for April, 2011

Got promised? Weighing the words of candidate Jindal vs. actions of governor Jindal: a study in deliberate deceit

Posted in Civil Service, Education, Governor's Office, House, Senate, Layoffs, Legislature, Legislators, OGB, Office of Group Benefits, Teague, Transparency on April 22, 2011| 7 Comments »

Perhaps this should be filed under “How Soon We Forget,” or maybe it shouldn’t be remembered at all because of the bitter irony it invokes. Either way, we felt a little reminder of campaign promises past might give you an insight into political realities present and future.

Candidate Bobby Jindal had an interesting campaign flyer in the last gubernatorial election that someone found and sent to LouisianaVoice.

It’s all about how touchy-feely he was about state employees. It’s almost enough to give you a warm fuzzy if it weren’t for the foreboding chills it invokes when one considers that his real motivation is not the welfare of state employees or even the citizenry of this state, but the consolidation of his own political power base.

While state employees are being laid off and in some instances, as in the case of Office of Group Benefits CEO Tommy Teague, fired outright, Jindal continues to campaign weekly outside the borders of Louisiana, adding more and more to a campaign war chest already crammed with more than $10 million.

When he campaigns in California, New York, Texas, and elsewhere, the costs of those trips—including flight costs, hotel accommodations, meals, and security detail (state police who accompany him on each and every trip)—are not reimbursed to the state by the Republican Party. They are borne by Louisiana taxpayers. And lest you thought he travels alone, rest assured he takes staff members with him on those jaunts. When George Bush campaigned for a second term and when Barrack Obama campaigns, the costs were—and are—reimbursed by their respective national parties.

All his hopping from fundraiser to fundraiser at out-of-state venues must surely raise the question: just why is someone in California or Wisconsin or Montana so vitally interested in a governor’s race in Louisiana? That’s the question voters must ask themselves when they enter the polling booth next fall.

It’s a good bet that laid-off state employees or employees of agencies that Jindal has privatized or plans to privatize will be asking.

It’s a certainty that employees with serious health issues would like to know why they stand to lose their health benefits after years of loyal service, some of whom even fell for Jindal’s “love of state employees,” pitch and voted for him—not once, but twice—for governor.

Here, then, are the verbatim contents of that long lost (at least he must wish it was lost) flyer that, with any justification, will bite him in the backside next fall:

As a former state employee, I know firsthand how important it is that we protect state employees and state retirees.

I have served the state as Secretary of the Department of Health and Hospitals and as President of the University of Louisiana System.

My mother has been a state employee for three decades. I know that she and the thousands of people who serve our state at every level dedicate themselves on a daily basis to ensuring that Louisiana is moving forward, and I strongly believe that we must support these workers in their efforts.

As my campaign for Governor continues to intensify, I expect that some people will begin to spread false rumors about the future of state employees under my Administration.

I wanted you to hear it from me that I will be a friend and supporter of both state employees and retirees.

Any statements to the contrary are simply false.

I am committed to bringing more jobs and more economic opportunities to Louisiana, and I want to see state workers and retirees supported for the work they do.

In addition, I have been a vocal supporter in Congress of legislation to protect state employees and retirees from unfair Social Security provisions, specifically, the Government Pension Offset (GPO), which lowers the dependent benefits a state employee with a spouse working in the private sector receives through Social Security, and Windfall Elimination Provision (WEP), which penalizes public school teachers and state workers who have second jobs.

I am a co-sponsor of the Social Security Fairness Act (H.R. 82) in the U.S. House of Representatives, which would repeal both the GPO and the WEP.

I do not believe we should punish people for working, and certainly do not believe teachers and state workers in Louisiana should be singled out for penalty.

These men and women work incredibly hard to ensure a bright future for our state and our children, and they deserve to receive adequate Social Security benefits.

My mother is a state agency employee and I myself have paid into the State Teachers Retirement System, so I know firsthand how unfair these provisions are to state workers. I fully understand the importance of rectifying this problem so state workers and teachers are not unfairly penalized for their service.

I commit to you that I will continue to fight to protect all Louisiana workers as Governor of Louisiana.

There you have it. The words in that flyer certainly take on a hollow ring today. We have only one word for Gov. Jindal and his promises: pandering. By any definition, it’s pandering in the sorriest sense of the word. Does anyone remember Jindal’s uttering a single word as governor about the GPO or WEP? Didn’t think so.

Has anyone heard a single encouraging word from him to state employees. No? Hmm.

Does any remember another campaign promise to block any attempt by legislators to give themselves a pay increase? Probably not, but he certainly did, in another flyer like the one quoted above. Yet, what did he do when they voted for a 123 percent pay raise back in 2008? He said he would not veto the pay hike. Only when he was swamped with public outcry such that his email literally shut down, did he finally acquiesce and veto the action.

Turn your attention away from the NBA playoffs and LSU and Saints football long enough to do your homework. Weigh what he says against what he does. Consider the contracts handed out to donors to his wife’s foundation. Think about the motive behind his interstate campaign trips. Look below the surface for his real reasons for wanting to privatize so many state agencies and find out who is getting the contracts for those agencies. Most of all, try to put yourself in the place of that state employee who, facing grave health issues, finds himself on the street.

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Paul Pastorek’s rant: leadership or vindictiveness?

Posted in BESE, Education on April 21, 2011| 4 Comments »

The following is by guest columnist Don Whittinghill. Superintendent of Education Paul Pastorek’s response to the Coalition for Louisiana Public Education follows.

The Voice of a Leader?

The self-styled White Knight of Louisiana education reform accuses the newly formed Coalition for Louisiana Public Education stakeholders of presenting nothing new except for seeking more money.

Apparently he fails to look into the mirror at his own greedy grasping for money for his favored schools. The Recovery School District has been spending at least 30 percent more per student than the average locally-run school system in Louisiana. Over the past five years RSD students have been funded by a combination of special federal grants, state department of education picking up some major expenses like insurance, free use of buildings built by the Orleans Parish School Board, and the largess of national foundations. While RSD per pupil funding has trended downward from in excess of $20,000 per student per year in the early days, to its current level of more than $13,000, RSD funding is still lavish by comparison.

Pastorek preaches that local education stakeholders’ pleas for equitable funding flies in the face of “a nearly $2 billion budget deficit.” It doesn’t take a CPA to challenge his distorted deficit claim. His boss, Gov. Bobby Jindal doesn’t see the same number. It is not likely that the Louisiana legislature will deal with such a number either. He continues to close his eyes to state revenue collections that are increasing above state estimates; and he pretends the error rate of those state estimates historically underestimate state income by hundreds of millions.

Pastorek habitually tends to over-react and to throw numbers largely unconnected to reality into his pronouncements. He still claims the RSD has made “unprecedented gains in student achievement.” His own web site reveals that the RSD schools remain the lowest performing in the state. His own web site reveals that the few RSD schools that seem to be progressing are really special cases whose core student data statistics are manipulated to make their performance look better than is real. And most of the RSD schools which practice selective enrollment and capped enrollment.

The non-educator Superintendent apparently can’t recognize an educator when he sees one. He claims the burgeoning coalition of public education stakeholders is “made up of staff and board members from these various groups”. Does he really assume that leaders of the superintendents association, the school boards association, the teachers and principals associations, and the parent teachers associations are so bold as to take a coalition public without broadly based support and authorization?

It is, perhaps, not so widely recognized that Paul Pastorek often acts first and then tells his hiring directors at the Board of Elementary and Secondary Education. His most recent was a totally undercover recruitment of a new RSD superintendent. BESE members openly expressed disappointment that they had to come to Baton Rouge to find the search completed. No mention was made…even now…about his pay grade. One thing was certain it would likely make his new man the second highest paid staffer among the 45 DOE staff members earning in excess of $100,000 per year. Many of those high pay rates were set by Pastorek before BESE was informed.

The “extraordinary things taking place in K-12 public education” to which Pastorek refers in his news release are most often taking place because of the efforts of people represented in the new coalition. The growing list of national Blue Ribbon schools in Louisiana is largely governed by local school superintendents and school boards. Pastorek brags about the accelerated growth of high-performing/high-poverty schools showing outstanding growth in student achievement. He never acknowledges that none of those schools are RSD operated schools.

With sufficient funding to pay for extended day, extended week, and extended year schedules, Pastorek’s RSD still is incapable of breaking from the bottom of the list of school performance scores. Yet he challenges the 69 local districts right to demand equality of spending for their underperforming schools.

The Superintendent apparently believes that only he, and a small coterie of highly-paid associates, is motivated to “continue doing the right thing for kids.” His vision of the right thing includes bringing in a host of private companies to manage schools and to provide a varied menu of professional services that have one thing in common: They pull money out of the classroom.

The multi-millions in contracts that cause State Treasurer John Kennedy to stump the state, is largely subject to after the fact approval by the whole of BESE. An elite composed of the BESE president, finance chairman, and Pastorek substitute for transparent contract evaluation. But, when one looks at contracts for operation of RSD charter schools one finds that most skim 12.5 percent from all school funds into corporate profits out of state and away from Louisiana classroom use.

Contrived criticism, in Pastorek’s mind, seems to be that which questions his version of “truth.” His claims of progress in the RSD have been clearly challenged by education researchers. Even the Stanford CREDO finding that New Orleans charters did relatively better than charters nationwide was based upon two characteristics that Pastorek does not want discussed: 1. The CREDO results lumped RSD and Orleans Public School Board operated charters together and nine of the OPSB charters are far superior; and 2. The charters in New Orleans are largely selective-enrollment schools that choose students rather than welcome all.

One thing that Pastorek can rationally expect is that the new coalition is sending a message: “You haven’t seen anything yet!”

Don Whittinghill
LSBA Consultant

Here is Pastorek’s diatribe:

STATEMENT FROM STATE SUPERINTENDENT
OF EDUCATION PAUL PASTOREK
Reference: Coalition for Louisiana Public Education

“This Coalition — made up of staff and board members from these various groups — professes to speak for teachers, administrators, local school boards and others in its opposition to these reforms. And they only express dissatisfaction and disapproval — and present us with no alternative solutions to improve our schools – except to request more funding. The reality is that Louisiana is facing a nearly $2 billion budget deficit, and while funding to other programs has been reduced by 26 percent over the last three years, funding for the state’s MFP – the state’s largest allocation of education funding – has increased by 6.2 percent, from $3.12 billion in Fiscal Year 2008 to $3.31 billion in Fiscal Year 2011. Clearly some districts are facing difficult circumstances. But this situation emphasizes the need for all of us to analyze how we’re allocating our education dollars and to make necessary adjustments in policies, programs and expenditures to achieve the best outcomes for our students and provide necessary support to educators.

And these statements of defiance around reform are unfortunate for the thousands of educators, hundreds of local leaders, and the many communities across our state who have not only accepted change – but who are actually leading and pushing for reforms that are in the best interest of students.

We have some extraordinary things taking place in K-12 public education across Louisiana, including the work taking place in the Recovery School District. In the past three or four years, we’ve made unprecedented gains in student achievement in the RSD and statewide. But this kind of dramatic improvement is only possible when individuals and groups work smarter and make better decisions in classrooms, school buildings and board rooms. There is no doubt in my mind that’s happening. And we believe those who are making a difference and matter most in the lives of students are motivated to continue doing the right thing for kids – even in the face of this kind of contrived criticism.

Fortunately, for our students, the majority of our educators, policymakers and citizens recognize that despite our state’s remarkable progress, too many of our students are still behind in school. They know we can do better, and they’re serious about this work. They share our determination to move forward with a compelling sense of urgency and to ignore the grumbling of those who are unwilling to be inspired by our undeniable progress and the promise these changes represent for our children.”

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New state coalition to introduce public education improvements agenda Wednesday in Baton Rouge

Posted in Education, Governor's Office on April 18, 2011| 4 Comments »

The steering committee of the new statewide Coalition for Louisiana Public Education (the Coalition) which made its debut recently plans to assemble and introduce member organizations to the public this week in the Baton Rouge area.

At 10 a.m. Wednesday, April 20, the Coalition members will hold a press conference near the Department of Education. Jack Loup, founder and chair of the Coalition, will facilitate. Loup will open with the Coalition mission and agenda, introduce the organizations which are present for the press conference, and will invite each member organization to speak briefly to the press and public.

For the first time the major professional education organizations in the state have aligned themselves together to address the current challenges to public education.

The steering committee of the Coalition is comprised of leaders of the following state organizations: Louisiana Association of Superintendents (LASS); Louisiana Association of Principals (LAP); Louisiana School Board Association (LSBA); Louisiana Association of School Executives (LASE); Louisiana Association of Child Welfare and Attendance Personnel (LACWAP); Louisiana Association of Chief Technology Officers (LACTO); Louisiana Association of Computer Using Educators (LaCUE); Louisiana Association of Educators (LAE); Louisiana Federation of Teachers (LFT); Louisiana Association of Retired Teachers (LRTA); National Board Certified Teachers (NBCT); immediate past president of the National School Board Association (NSBA); representatives of Parents Across America and Save Our Schools; and three published researchers with Research on Reforms and the Louisiana Educator, all of whom analyze and evaluate education reform measures. Four other statewide organizations are currently in the process of joining the Coalition.

The Coalition members are focusing their expertise on three main areas related to public education: state funding, state accountability and state micromanagement of local school districts.

Erroneously described in the past as trying to “preserve the status quo,” the coalition organizations have already begun working together with elected officials toward major legislative initiatives with a dual objective — to propel Louisiana toward national pre-eminence in public education, which will subsequently boost Louisiana economically.

Information about the Coalition has been posted on many of the websites of the member organizations. For further information, contact Loup at jackloup@wildblue.net or 985-796-3771.

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First, there’s no report; then, the report is not finalized; DOA just can’t seem to keep its Chaffe stories straight

Posted in Governor's Office, OGB, Office of Group Benefits, Transparency on April 18, 2011| 3 Comments »

The Division of Administration (DOA) has for the third time denied the existence of a report from a New Orleans company. The third denial, however, was more ambiguous than the previous two, stopping just short of saying outright that it does not exist, instead saying the report “has not been finalized and sent to the Division of Administration.”

At the same time, the Louisiana District Judges Association (LDJA) has made good on its decision of two weeks ago to adopt a resolution in opposition to Gov. Bobby Jindal’s proposed privatization of the Louisiana Office of Group Benefits (OGB).

DOA also used somewhat confusing language in denying a request to provide the names of four representatives of Goldman Sachs who met with OGB and DOA officials last fall.

“The Public Records Law does not require the creation of new records to respond to a request,” General Counsel Lesia Batiste said in an April 18 letter emailed to CNS. “Therefore, the Division of Administration has no record which is responsive to this request.”

CNS, in its request, never sought records, only the names of the four Goldman Sachs representatives.

While DOA would not even acknowledge that such a meeting took place, Tommy Teague, who was fired as OGB’s CEO last Friday, said the meeting did indeed take place. “I was called downtown and wasn’t even told why they wanted to see me. When I walked into (Deputy Commissioner of Administration Mark) Brady’s office, there were four Goldman Sachs representatives from New York sitting there,” Teague said.

Chaffe and Associates of New Orleans was contracted to work up last minute figures on OGB for Jindal to plug into his proposed budget in time for its release on March 19. That contract was for $49,999.99—one penny less than the minimum amount requiring approval of the Office of Contractual Review.

In her letter to Capitol News Service, Batiste also said, “The Division has previously provided you the contract, billing documents, and all other supporting documents pursuant to your prior requests.”

In fact, DOA has provided CNS only a single copy of the Chaffe contract. No billing documents or “other supporting documents” were ever provided.

The resolution opposing OGB’s sale was accompanied by a cover letter to Rep. James R. “Jim” Fannin (D-Jonesboro), chairman of the House Appropriations Committee and chairman of the Joint Legislative Committee on the Budget (JLCB) and to Sen. Michael J. “Mike” Michot (R-Lafayette), chairman of the Senate Finance Committee and vice-chairman of the JLCB with copies also sent to Gov. Jindal and Louisiana Supreme Court Chief Justice Catherine “Kitty” Kimball.

The letter, signed by LDJA President Judge Sharon Marchman of the Second Judicial District (Ouachita and Morehouse), said that the association’s membership learned of Jindal’s wishes to auction OGB at the LDJA annual spring judges conference in Lafayette on April 7.

“Because of the lack of details available, as well as the importance of keeping employee and employer health insurance costs as stable as possible, the members of the LDJA voted unanimously to oppose any effort to privatize OGB,” the letter said.

State district judges, like all state employees, are eligible for health insurance benefits through OGB.

“While district judges understand the fiscal challenges currently facing state government, the LDJA is also concerned with any plan to change health insurance plans for our members, their dependents, and all state employees,” Judge Marchman said in her letter.

“OGB has kept rates relatively stable over the years while keep(ing) overall administrative rates low. At a minimum, the LDJA is requesting more time to examine the administration’s proposal as well as a full vetting of such enormous changes through the legislative process, including consideration of a legislative instrument.

“Only through a transparent and open process and careful consideration of the proposal’s effect on all employees will the members of LDJA reconsider its position of full opposition to the proposal,” Judge Marchman said.

Jindal has repeatedly touted his administration as “transparent and open.”

The resolution also said that the proposed sale may eliminate as many as 150 jobs at OGB and “there have been no assurances that the sale would not unduly increase health insurance rates or reduce benefits for thousands of state employees and their dependents.”

Below is the full resolution passed by the LDJA:

RESOLUTION

OF

THE LOUISIANA DISTRICT JUDGES ASSOCIATION

WHEREAS, like all state employees, district judges in Louisiana are eligible for health insurance benefits through the Office of Group Benefits, Division of Administration;

WHEREAS, in a presentation of the Executive Budget on March 11, 2011 to members of the Legislature, Commissioner of Administration Paul Rainwater stated the Governor’s preference to sell the PPO and HMO plans currently administered by the Office of Group Benefits to a private health insurer who would then be directly responsible for administering the plans for the benefit of state employees;

WHEREAS, the proposal may eliminate as many as one hundred and fifty Louisiana-based employees of the Office of Group Benefits;

WHEREAS, there have been no assurances to district judges or others that the proposal would not unduly increase health insurance rates or reduce benefits for thousands of state employees and their dependents;

WHEREAS, the Office of Group Benefits has kept administrative costs low and provided professional and courtesy service to state employees;

WHEREAS, in past years, efforts to reform health insurance benefits for state employees were only followed after careful studies and consideration of all the effects;

NOW, THEREFORE, BE IT RESOLVED that the members of the Louisiana District Judges Association express their opposition to the Governor’s proposal to privatize the Office of Group Benefits and that, at a minimum, the Governor and the Legislature should carefully study privatization proposals before taking action.

BE IT FURTHER RESOLVED that this Resolution be inscribed in the minutes of this Association and that a copy of this Resolution be sent to Chairs of the House Appropriations Committee and Senate Finance Committee and Governor Jindal.

s/ Sharon Marchman
Judge Sharon Marchman, President

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Conflict? What conflict? The charter school blitzkrieg

Posted in BESE, Charters, Education, Ethics, Transparency, Uncategorized, Vouchers on April 17, 2011| 6 Comments »

Chas Roemer could be in violation of state ethics laws governing conflicts of interest every time he votes on any matter coming before the Board of Elementary and Secondary Education (BESE) pertaining to any of the state’s charter schools.

Roemer, the son of former Gov. Buddy Roemer, represents BESE District 8 which includes all or parts of the parishes of Avoyelles, Evangeline, Lafayette, St. Landry, Pointe Coupee, East and West Feliciana, East and West Baton Rouge, Iberville, Ascension, St. James, and St. John the Baptist parishes.

He is the former co-chair of the School Innovation & Turnaround Committee which addresses charter school performance and oversight and which also manages the Recovery School District (RSD) in New Orleans.

Louisiana’s Charter School Law was enacted as Act 192 of 1995 as a pilot program to allow up to eight school districts to participate on a voluntary basis. The law was expanded in 1997 by Act 477 to establish BESE and local school board as charter authorizers. Act 477 defined four types of charter schools: Type 1, a charter with local school boards (new start-up); Type 2, charter with BESE (new start-up or conversion:; Type 3, charter with local school board (conversion); Type 4, school board charter with BESE (new start-up or conversion), and Type 5, charter with BESE (pre-existing public school under the jurisdiction of RSD).

In 2003, ACT 9 created a new type of charter for the operation of pre-existing schools that were transferred to the jurisdiction of RSD.

RSD was charged to take underperforming schools and transform them into charter schools. Since Hurricane Katrina in 2005, the number of public schools in New Orleans has dropped from 123 to four while the number of charter schools has ballooned from seven to 31.

Charter schools operate as independent public schools under five-year contracts granted by BESE or a local school board.

Caroline Roemer Shirley, Chas Roemer’s sister is executive director of the Louisiana Association of Public Charter Schools and therein lies the potential for a conflict of interest and possible ethics violations.

Almost a year ago, on April 21, 2010, the Louisiana Board of Ethics issued an opinion at the request of attorney Richard Easterling of the law firm Adams and Reese of Baton Rouge that said Shirley was prohibited from appearing before BESE and from representing the associations in matters before BESE.

A partial text of the opinion reads as follows:

The Louisiana Board of Ethics, at its April 16, 2010 meeting, considered your request concerning Caroline Roemer Shirley’s employment with the Louisiana Charter School Association while her brother Charles Roemer, IV serves as an elected member of the Louisiana Board of Elementary and Secondary Education (BESE). Caroline Roemer Shirley is the Executive Director of the Association.

In 2000, the board concluded that Section 1113A of the code would prohibit Ms. Shirley from discussing with individual members of BESE matters or positions of the Association and that the Code would prohibit Ms. Shirley from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE.

With respect to the following specific questions raised, the Board concluded and instructed me to inform you of the following:

• If the Association and the Louisiana State Director of Charter Schools partner to host a meeting pertaining to the future of the Recovery School District, may the director and Ms. Shirley speak to one another to discuss the date, time, location, invitees, agenda, etc. for this event? May Ms. Shirley speak at such a meeting?

The Code prohibits Ms. Shirley from 1) appearing before BESE; 2) representing the Association in matters before BESE; 3) discussing with individual members of BESE matters or positions of the Association, and; 4) from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE. However, Ms. Shirley is not prohibited from discussing with individual members of BESE or the staff of the Department of Education issues that do not involve matters or positions of the Association on matters that are under the jurisdiction of BESE such as those items involving the incidentals of a planned event.

• When legislation is pending that will have an impact on charter schools, may Ms. Shirley bring charter school leaders together for discussions with BESE and/or the Louisiana Department of Education (LDE) on these matters?

Ms. Shirley is not prohibited from contacting charter school leaders for discussions with BESE and/or LDE on pending legislation. However, she is prohibited from discussing with individual members of BESE matters or positions of the Association involving the proposed legislation and from interacting with the staff of the Department of Education on issues involving legislation on matters that are under the jurisdiction of BESE.

• May Ms. Shirley be a member of and participate in a Charter Advisory Board created to work with and provide the Superintendent of Education, the Louisiana Recovery School District Superintendent and/or the Louisiana State Director of Charter Schools information on matters involving charter schools? This Advisory Board would be a volunteer group of charter leaders representing all five types of charter schools that would meet every other month.

Ms. Shirley is not prohibited from being a member of a Charter Advisory Board created to work with and provide the Superintendent of Education, the RSD Superintendent and/or the Louisiana State Director of Charter Schools information on matters involving charter schools. However, she is prohibited from discussing with individual members of BESE matters or positions of the Association involving those matters and from interacting with the staff of the Department of Education on issues involving matters that are under the jurisdiction of BESE.

• As Executive Director, may Ms. Shirley organize and participate in charter school meetings, bringing together the principals and board members of the charter schools to hear from the Superintendent of Education, the Louisiana Recovery School District Superintendent and the Louisiana State Director of Charter Schools? Such meetings would serve as a means for the charter schools to be both better informed about policies and regulations, as well as having the opportunity to discuss other related issues.

Ms. Shirley is not prohibited from organizing and participating in charter school meetings as long as she does not discuss with individual members of BESE matters or positions of the Association and does not interact with the staff of the Department of Education on matters that are under the jurisdiction of BESE.

• If Ms. Shirley is invited by the LDE, BESE or the RSD to attend workshops, meetings, discussions, etc. that pertain to charter schools, may she attend and participate in these meetings, such as a meeting with the RSD hosted for principals and board members of the charter schools and the staff from BESE to discuss Bulletins that outline policies regulating charter schools.

Ms. Shirley is not prohibited from attending workshops, meetings, discussions, etc. that pertain to charter schools. However, she is prohibited from participating in the discussion and her participation in those events are restricted by the Board’s conclusions in BD 2008-122 prohibiting her from 1) appearing before BESE 2) representing the Association in matters before BESE 3) discussing with individual members of BESE matters or positions of the Association, and 4) from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE.

• As one of the leading advocates for charter schools in the state, Ms. Shirley is often called by the Superintendent of Education, the Louisiana Recovery School District Superintendent, BESE members, BESE staff, and LDE staff to provide information about charter schools, contact information for national charter leaders, best practices of other states, etc. May she respond to these requests?

Ms. Shirley is prohibited from discussing with individual members of BESE matters or positions of the Association and from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE. It is the conclusion of the Board that Ms. Shirley is prohibited from handling these type of requests for information.

While that opinion addressed only Caroline Shirley’s interaction with BESE members, there have been numerous opinions by the Ethics Board that cite Section 1112B(1) which specifically addresses the participation of a public service or elected official in a vote on any matter “in which a member of his immediate family has a substantial economic interest. Section 1120 of the code provides that an elected official shall recuse himself when the vote would be a violation of Section 112 of the code.

A review of minutes of BESE meetings over the past year reveal that Chas Roemer consistently made motions on agenda items dealing with charter schools and then voted on each one.

In December of 2010 alone, he made motions to approve charter school contracts of $50,000 and under, made motions to approve Crescent City School, the NET Charter High School, the Collegiate Academy Charter School, the Sarah T. Reed Charter Middle School, the ReNEW K-8 Charter School, the ReNEW Alternative High School, and in one case, made the motion to deny an application to commence operation of Joseph A. Craig charter school in New Orleans.

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