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Archive for June, 2012

In previous stories we have alternately referred to Gov. Piyush Jindal as “Nixon Redux” and “Nixon Reincarnate.” Little did we know the frightening accuracy of what we then thought were tongue-in-cheek comparisons.

It was on July 24, 1971, when little Piyush was only six weeks old and long before he adopted the name Bobby after a character on The Brady Bunch, that Egil “Bud” Krogh was instructed by Nixon’s assistant for domestic affairs John Ehrlichman to establish a covert team to stop the leaking of classified information to the news media.

The specific incident that prompted the formation of the team, which became known as the White House Plumbers, was the leaking of the Pentagon Papers to the New York Times but the unit soon expanded into other areas, including the burglary of the office of Daniel Ellsberg’s psychiatrist, illegal campaign activities and the attempted cover up of the Watergate break-in.

Now, almost exactly 41 years later, Jindal appears to have established his own Plumbers Unit to investigate leaks and “negative” emails.

Actually, the governor’s little investigation may have begun closer to the 40th anniversary of the birth of the Plumbers.

Last October, Bryan Jeansonne, law partner of State Republican Executive Director Jason Doré, sent public record requests to parish school superintendents throughout the state seeking all emails between the superintendents and school employees.

That, of course, was the big dust-up to the introduction and subsequent passage of the governor’s far-reaching education reform package. Apparently, the administration—or someone representing the administration—wanted to know if local superintendents were saying anything negative to teachers in advance of the impending legislative fight over public education.

Then, in March, State Rep. John Bel Edwards (D-Amite), head of the House Democratic Caucus, said he had received a similar request from Jeansonne in which Jeansonne demanded copies of emails Edwards had exchanged with persons affiliated with the Louisiana Federation of Teachers (LFT). The LFT opposed Jindal’s efforts to create a statewide voucher program which would use tax dollars to send children to private schools.

Then, only last month, Doré made a public records request for copies of signed petitions of the four active efforts to recall Jindal, House Speaker Chuck Kleckley (R-Lake Charles) and Reps. Greg Cromer and Kevin Pearson, both Slidell Republicans.

“We wanted to make sure we got on this early,” Doré said.

The only problem with his request was he was too early; the petitions are not public record and will not become public until they are officially filed with the Secretary of State’s office.

One source said that there were rumors that the administration has spies who are attempting to review the names of everyone who has signed a recall petition in an effort to determine if any are state employees.

Given Piyush’s managerial style, any unfortunate state employee found to have signed a recall would be subjected to severe reprisals, including not-so-subtle intimidation and termination.

The latest volley to be fired by the Jindalistas came on Friday when word was leaked to LouisianaVoice that the administration has ordered a search of all Louisiana Department of Revenue computers for emails that might contain any information about “alternative fuels,” “flex fuels” or anything negative about the resignation/firing of Revenue Secretary Cynthia Bridges on June 15.

Bridges was shown the door (She actually resigned, but many believe she was pressured into resigning–speculation that the governor’s office did not even bother to deny) after issuing an emergency order to grant alternative fuel tax rebates on more than 100 qualifying types of vehicles—as she was instructed to do by Act 469, signed by Gov. Jindal. The ruling escalated the state’s potential liability from an estimated $907,000 over five years to about $100 million. That was because of the introduction of flex fuel vehicles subsequent to the passage of HB 110, authored by former State Rep. Jane Smith (R-Bossier City) in 2009 and which, upon Jindal’s signature, became Act 469.

Smith last fall lost her race for the State Senate and was appointed deputy secretary of the Department of Revenue.

Ironically, when Bridges resigned, Smith, who earlier this year said, “…They offered me the job (as deputy secretary) even though I don’t know a thing about revenue,” was elevated to the job overseeing the single agency responsible for the collection of revenue so the state can pay its bills.

It was apparently Smith’s admission of her lack of qualifications for the deputy secretary’s job that prompted the latest witch hunt by the administration. Apparently the Jindalistas want to know who leaked the quotes attributed to Smith.

Supposedly, the administration asked that those involved with the bill volunteer any email information but the results were not satisfactory and now a search of all employees’ emails has been ordered. The claim is the administration needs the information for undisclosed litigation–a weak and dubious excuse at best. We can’t wait to see how rank and file employee emails might figure in a legal strategy.

But then, with the legal advice this administraton has received on such matters as employee retirement and the comandeering of local taxes to pay for students to attend charter schools in other parishes, who knows?

Sorry to disappoint you, Piyush, but when state employees send us information, they are smart enough to do so from their private computers and personal email accounts. Not only will you not find that information in any email, we didn’t even get it from a state employee.

The information came from the private sector.

And you’ll play hell prying the source of that information out of us.

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“The course provider shall receive a course amount for each eligible funded student.”

“…The per course amount means an amount equal to the market rate as determined by the course provider and reported to the State Department of Education.”

“No local public school system shall actively discourage, intimidate, or threaten an eligible funded student or an eligible participating student during the course enrollment process or at any time for that local school system.”

–Examples of language contained in House Bill 976, aka Act 2, aka the Student Scholarships for Educational Excellence Act, passed by the legislature and signed into law by Gov. Piyush Jindal, which is anticipated to cost the state $44.5 million over five years.

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The controversy over Monday’s meeting of the Board of Elementary and Secondary Education (BESE) School Innovation and Turnaround “Committee,” while important, could be a mere smokescreen for a far murkier and more complicated issue.

To be sure, legitimate questions about teacher certification and accountability standards for charter schools and some 124 private schools accepting voucher money were raised at the meeting formally described as a committee meeting, but attended by the full board.

But lying beneath the surface is House Bill 976 authored by Rep. Stephen Carter (R-Baton Rouge) and signed into law as Act 2, or the “Student Scholarships for Educational Excellence Act,” by Gov. Piyush Jindal.

The bill, which passed in the House by a 60-43 vote and 24-15 in the Senate in the legislature’s rush to placate the governor, will allow course providers to “offer a quality, individual education to students.”

So, what exactly, is a course provider?

That’s the same thing that Reps. Sam Jones (D-Franklin) and John Bel Edwards (D-Amite) wanted to know during debate on the bill. No one else seemed interested, including the media whose job it is to explore the issues, but who seem more interested, as one observer put it, to play sycophant to Jindal.

Under terms of the act, postsecondary education institutions may serve as quality course providers for students who seek advanced level course work or technical or vocational instruction. Because “technical” and “vocational” were included in the bill’s language, could that mean that “postsecondary education institutions” would include not only traditional universities and colleges, but vocational and technical schools and proprietary schools like University of Phoenix and IT Technical College, as well?

But the bill goes on to specify that business and industry may also serve as “quality course providers that offer course work in their particular field or expertise.”

“‘Course provider’ means an entity that offers individual courses in person or online, including but not limited to online or virtual education providers,” the act says.

BESE member Chas Roemer of Baton Rouge, meanwhile thumbed his nose at state ethics laws by openly discussing certification of charter school teachers. BESE member Walter Lee, who is superintendent of the DeSoto Parish school system, asked why there is no requirement that charter school teachers be certified when public schools require certification.

Roemer, whose sister is executive director of the Louisiana Public Charter School Association, which would thereby create an apparent conflict any time he addresses issues concerning charter schools, said the policy was in line with the administration’s goal of allowing charter schools to try new approaches. “There are going to be differences and there should be differences,” he said.

State Superintendent of Education John White, who deleted without responding two emails from LouisianaVoice formally requesting public records, said accountability rules for private schools accepting voucher money would be completed by Aug. 1.

That would appear to putting the horse ahead of the cart when one considers vouchers that have already been approved for schools in Ruston, Westlake and DeRidder that are woefully understaffed and which have inadequate facilities to accommodate students they already have, much less up to 300 new voucher students.

But back to HB 976, aka Act 2, aka Student Scholarships for Educational Excellence Act, projected to cost the state $44.5 million over a five-year period. The initial authorization of the course provider shall be for three years, with BESE charged with carrying out a “thorough review” after the second year.

Courses would be available to students attending a public school that receive a letter grade of “C,” “D,” or “F,” or who is attending a public school that does not offer the course in which a student desires to enroll, the act says.

BESE is directed by the bill to create a reciprocal teacher certification process for teachers who reside in other states by next January. The teachers must be employed by authorized course providers to teach virtual education courses.

Moreover, prior to the 2013-2014 school year BESE must create a course catalogue for all courses offered by each parish.

The act even contains a veiled threat to would-be recalcitrant local school systems: “No local public school system shall actively discourage, intimidate or threaten an eligible funded student or an eligible participating student during his course enrollment process or at any time for that local school system.”

Of course, no proposal by the Jindal administration would be complete without the obligatory provision for payoffs. “The course provider shall receive a course amount for each eligible funded student,” the act says. The per-course amount means an amount equal to the market rate “as determined by the course provider” and reported to the state Department of Education (DOE).

One Louisiana native, now a retired school principal in Arizona, examined the 47-page bill (something that most legislators probably did not bother to do) and offered several observations about costs, administration and unethical course providers.

“I am struck by how complicated and expensive the oversight of these programs will be and how time consuming it will be for local districts,” she said.

“Districts want to make sure that these providers are sound and ethical and really providing an education. You would be amazed at the number of unethical providers that will pop up when there’s money to be had,” she said. “This is just another burden on your local district which is not staffed well enough to take on one more onerous responsibility.

“This is the shotgun approach to education—a scattering of this and that in terms of learning—instead of a coherent, articulated approach over several years.”

She said that oversight is always expensive and questioned the manner in which it would be done. If a student receives an “A” rather than an “F” that he might deserve, “will the school be judged to be superior or will the students be re-tested to see if they learned anything?” she asked. “Grading is a complex issue and unethical operators are happy to give the A’s if they get the money.

“Unless I missed something, I don’t know who is approving these course providers for the first year. Is there a list of them—perhaps providers who’ve been operating in other states? I can’t see that the bill addresses that and that is important.

“This is just one more step in totally dismantling public education and finding ways for businesses to take money from the public coffers—just more privatization using taxpayer dollars. Capitalism is about risk that capitalists take to establish their businesses. Where is the risk in this if the funding is capitalized by taxpayers’ dollars?” she asked.

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LouisianaVoice is kicking off a weeklong experiment. We are asking readers to contribute one or two lines to a poem about Gov. Piyush Jindal. It doesn’t have to be a complete poem (although it can be); it can be as few as two lines with the next contributor trying to finish the verse.

We ask that any contribution be no longer than four or five lines like the limerick below. Writers may employ any meter they wish.

Submissions containing profanity or vulgarities will be deleted.

There once was a governor named Jindal;
The state’s retirement he tried to swindle.
He sold out to FARA,
And rolled over Tara,
But then his stock began to dwindle.

Let’s see how creative our readers are.

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A few more facts emerged about the sudden rise of former State Rep. Jane Smith (R-Bossier City) from defeated state senate candidate to undersecretary of the Department of Revenue and finally, to the secretary’s office itself.

For those who have been riveted to the NBA playoffs, the College World Series or the reprise of Dallas on network television, what transpired over the past few days was that Gov. Piyush Jindal was alerted to a possible fiscal disaster over a bill he signed into law back in 2009 and decided something had to be done.

Of course, whenever anything occurs in this state that reflects badly on Jindal, it is always someone else who pays the price. That’s just the way the petulant little man does things—like a spoiled toddler pitching a tantrum in Wal-Mart.

As directed by the act signed by Jindal pursuant, incidentally, to a bill authored by Smith herself, Revenue Secretary Cynthia Bridges issued an emergency ruling listing vehicles eligible for tax rebates of up to $3,000 on the purchase of alternative fuel vehicles.

The Legislative Fiscal Office initially projected a five-year cost of $900,000 but upon the introduction of flex fuel vehicles following passage of the act, that estimate soared right into the stratosphere, to $100 million.

The most obvious reaction to this situation was widespread panic which in turn resulted in the only logical solution: throw someone under the bus.
That someone, of course, was Bridges, who has served three different governors over her 12 years as the head of Revenue.

But here’s the real kicker and some really bizarre irony.

Jindal almost immediately named Smith as her successor.

What are Smith’s qualifications for the position? Good question.

She lost her senate race last fall despite a $2,500 contribution from Jindal.

Almost immediately, she was offered the position of deputy secretary of an office for which she had zero background.

And when Bridges “resigned” last Friday, Jindal moved at warp speed in naming Smith to the post, a pretty good indication that she was being groomed to replace Bridges at the first convenient opportunity. The alternative fuel tax credit fiasco gave Jindal that opportunity. The ink was still wet on Jindal’s announcement of Smith’s appointment when Bridges stepped down, no doubt given a hard shove on her way out the door.

Jindal said those who have already received their tax credits will not be penalized but for those whose amended returns are still pending, the jury is still out. One must wonder why there would be any question since the amendments were filed at a time when the law was still on the books.

But back to that appointment of Smith to the $107,500 per year deputy secretary’s post in January, an appointment that rivals several other questionable appointments—most notably that of former State Rep. Noble Ellington (R-Winnsboro) to the second in command position at the Department of Insurance at a salary of $150,000 per year. Even as he was being appointed, Ellington admitted he had no experience or background in insurance.

No matter. Both Smith and Ellington were members in good standing of the American Legislative Exchange Council (ALEC) and Ellington had just completed a year as national president of the model legislation-writing organization. Last August, Ellington hosted ALEC’s national convention in New Orleans at which time the organization awarded Jindal with its coveted Thomas Jefferson Freedom Award for outstanding public service.

After that heady experience, what else could Jindal do but put the two up for fat positions at six-figure salaries while he simultaneously tried to gut retirement benefits for rank and file, in-the-trenches state employees?

Even Smith, it seems, was baffled at her good fortune.

Following her January appointment as deputy secretary of Revenue (remember, it’s Revenue, not Education), she promptly showed up at an education meeting. It wasn’t enough that she presented herself at a function at which her new position had no real authority, but she proceeded to prattle on and on about her lack of qualification and her willingness to help the governor.

“The governor’s office called me back in November and told me a position had opened up in Revenue,” she told bystanders who were understandably aghast.

“I told them I didn’t know a thing about revenue, or taxation, or nothing like that but they said not to worry about that, to come on by and discuss it anyway,” she bubbled.

“I’m standing there thinking, ‘Lady, you need to shut up,'” one observer who witnessed her gushing said.

“So they offered me the job even though I don’t know a thing about revenue,” Smith continued. “So I’m just doing everything I can to assist the governor promote his agenda and that’s why I’m here (at an education meeting) today—to help the governor with his agenda.”

And that apparently is her mission as Secretary of Revenue: to help the governor with his agenda.

And that apparently is also the way things are done in this administration.

They should be very happy together.

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