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Archive for August, 2012

(Editor’s note: at least one person failed to detect the parody in a recent posting about the Delhi Charter School, so leaving nothing to chance, we’re letting everyone know up front that the headline is tongue-in-cheek as are a couple of comments in the body of this story.)

Not only was Gov. Piyush Jindal not among the top six finalists in the recent Mitt Romney Vice Presidential Sweepstakes, it now turns out that Louisiana’s absentee governor is not even among the top 15 in what he does best: eliminating state jobs.

That may explain in part why Romney, who once said he likes to fire people, did not include Jindal on his short list of five potential running mates whom he called last week to let them know he had decided on Rep. Paul Ryan of Wisconsin. Jindal was so far down that list that he didn’t even warrant a courtesy call.

Even though the Governor in-Abstentia has eliminated more than 6,000 state jobs during the months between June 2011 and June 2012, that wasn’t good enough to put him in the top 15 for placing workers in the unemployment lines who have mortgages, tuition costs, and other living expenses, according to a report just released by the National Governors’ Association and the National Association of State Budget Officers (NASBO).

Apparently, the 6,400 positions cut in this year’s budget were not factored into the equation. If they had been, that almost certainly would have vaulted Piyush to within a heartbeat of the presidency. State job losses, after all, appear to translate to economic gains in the eyes or our globetrotting governor.

“States go to great lengths to avoid layoffs,” NASBO Executive Director Scott Pattinson said, exposing the naked truth that he has not been to Louisiana since 2008.

For that matter, the Disappearing Governor hasn’t been in the state much since then himself.

Pattinson also pointed out that laying off employees is not always the best fiscal strategy. “Firing state government workers often does not result in money saved in the short term. Once required benefits and severance (unemployment payments) are included, states may not see savings for at least a full fiscal year.”

The study attributed the widespread layoffs of state government employees to a stalled recovery from the recession and “shifting political pressure.” That shifting political pressure alluded to may be traced back to the American Legislative Exchange Council (ALEC), which is very up front in its advocacy of massive state employee layoffs and equally impressive tax breaks for corporate friends of all politicians of a Republican stripe.

To that end, Jindal, the Incredible Vanishing Governor, invisible to the naked eye, has been most compliant. While many corporate tax breaks and incentives were already in place well before he assumed office in January of 2008, he has nevertheless encouraged the continuance and expansion of those breaks—to the state treasury’s financial detriment of approximately $5 billion per year.

But have no fear, Ghost-Governor Piyush the Magnificent, upon his return—if he ever does return—is almost certain to pick up where he left off. With the announced closure of prisons and state hospitals, teacher layoffs in virtually every parish because of his ill-conceived voucher scheme, and deep cuts to the LSU medical school’s programs, he is sure to begin cutting into the lead of the states ahead of Louisiana in the layoff game.

If Piyush truly is a disciple of “trickle-down economics” (and Rush Limbaugh did refer to him as the next Ronald Reagan), then we can anticipate additional layoffs at the local level—by parish and municipal governments—as the excrement begins to flow downhill.

In case you may be curious, in no particular order other than alphabetical, here are the top 15 states in layoffs:
• Alabama
• California
• Connecticut
• Florida
• Maryland
• Massachusetts
• Michigan
• Missouri
• Nebraska
• Nevada
• New Mexico
• Ohio
• Oregon
• South Dakota
• Washington

It should be pointed out that there was no significant edge for one political party over another in the layoff Race to the Top (where have we seen that before?): The party representation is as equal as possible, given there is an odd number of ranking states. Eight of the top 15 states have Republican governors and seven of the governors are Democrats.

And lest political observers worry about the state’s rankings, not to worry.

We’re pretty sure that Louisiana easily ranks No. 1 in the number of days in which the Phantom of Governor’s Office has been out of state.

That’s gotta count for something.

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“In picking Ryan, Romney bypassed…Ohio Sen. Rob Portman, Florida Sen. Marco Rubio, former Minnesota Gov. Tim Pawlenty, Virginia Gov. Bob McDonnell and New Jersey Gov. Chris Christie. Officials said he (Romney) had called to notify all five of them of his decision. Pawlenty received a call Monday evening, the day after Ryan accepted, while the other four were all notified on Friday, just hours before the announcement.”

–Associated Press report that indicated that Piyush Jindal was not among Romney’s top six considerations for vice president and was apparently so low down on the list (apparently not on the short list at all) as to warrant not even so much as a phone call from Romney.

“The choice of Congressman Ryan will bring needed definition to the Romney message but cutting taxes for the top 2 percent by curbing middle class bendfits is going to be a hard sell.”

–U.S. Sen. Mary Landrieu, on the selecton of Paul Ryan as Mitt Romney’s vice presidential running mate.

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The clock has run out on Gov. Bobby Jindal and like the Honey Badger, he’s now yesterday’s news insofar as any aspirations either one may have had for bigger and better things.

Realistically, time had run out on Louisiana’s wunderkind some time ago even though like a loyal trooper, he keeps soldiering on—perhaps hoping for a prestigious cabinet position like Secretary of Health and Human Services, something he denies aspiring to.

“I would not consider a cabinet post,” he sniffed like the spoiled little boy that he is after being passed over for the vice presidential nomination by Mitt Romney. “I consider being the governor of Louisiana to be more important and the best job there is.” Well, it is the only job he has for the moment and if he doesn’t challenge Mary Landrieu in 2014, we’re stuck with him through 2015.

Break out the champagne.

We can only surmise that Secretary of Education is out of the question since both Romney and Paul Ryan advocate that department’s abolishment in favor of state and local control (read: vouchers), although Romney has tempered his position somewhat.

But Jindal’s real quandary is not that he was passed over for vice president, but that he needs desperately to advance his career quickly—before all his “reforms” as governor come crashing down around him, doing even more damage to his reputation than that disastrous response to President Obama’s State of the Union Address in 2009.

That image as the crusading reformer who gets things done against all odds is already beginning to wear thin in Louisiana and it’s only a matter of time before the national media begin to take a critical look at his administration. The Washington Post and New York Times already have.

Beginning with his repeal of the Stelly Plan only a few months into his first term—the move is costing the state about $300 million a year while benefiting only couples earning more than $150,000 per year or individuals making $90,000 per year—through this year’s veto of a car rental tax renewal for New Orleans, Jindal his consistently found ways to cut taxes while doling out tax breaks to corporate entities.

In 2011, the legislature could not muster the votes to override a Jindal veto of a cigarette tax renewal and the renewal had to go before voters in the form of a constitutional amendment—which easily passed.

While he defiantly categorizes tax renewals as “new taxes,” to which he is adamantly opposed, he has no compunctions about cutbacks to higher education that force colleges and universities to increase tuition. He considers the tuition hikes as “fees,” not taxes.

While turning up his nose at federal grants for early childhood development ($60 million), broadband internet installation in rural parishes ($80.6 million) and for a high-speed rail system between Baton Rouge and New Orleans ($300 million), Jindal, upon slashing funding for parish libraries throughout the state, apparently saw no inconsistency in suggesting that the libraries apply for federal monies in lieu of state funding.

The grumblings began ever-so-slowly but they have been growing steadily. The legislature, albeit the right-wing Tea Party splinter clique of the Republican Party, finally stood up to Jindal toward the end of this year’s legislative session and refused to give in on the governor’s efforts to use one-time revenue to close a gaping hole in the state budget.

Other developments that did not bode well for the governor include:

• A state budget that lay in shambles, resulting in mid-year budget cuts of $500 million because of reductions in revenue—due largely to the roughly $5 billion per year in corporate tax breaks;

• Unexpected cuts to the state’s Medicaid program by the federal government which cost the state $859 million, including $329 million the first year to hospitals and clinics run by Louisiana State University—about a quarter of the health system’s annual budget. Those cuts will mean the loss of medical benefits for about 300,000 indigent citizens in Louisiana;

• Failed efforts to privatize state prisons, even though he did manage to close two prison facilities and a state hospital without bothering to notify legislators in the areas affected—a huge bone of contention for lawmakers who, besides having their own feathers ruffled, had to try and explain the sudden turn of events to constituents;

• Revelation that he had refused to return some $55,000 in laundered campaign funds from a St. Tammany bank president;

• Failed efforts to revamp the state employee retirement system for civil service employees. State police were exempted—perhaps because they form his security detail. And despite questions about the tax or Social Security implications, Jindal plans to plunge ahead with implementation of the part of the plan that did pass without the benefit of a ruling by the IRS—a ruling that could ultimately come back to bite him;

• A failed effort by the Sabine River Authority to sell water to a corporation headed up by two major Jindal campaign contributors—Donald “Boysie” Bollinger of Lockport and Aubrey Temple of DeRidder;

• A school voucher system that is nothing less than a train wreck, a political nightmare. State Education Superintendent John White, after Jindal rushed the voucher program through the legislature, rushed the vetting process for the awarding of vouchers through the Board of Elementary and Secondary Education, abetted by members Penny Dastugue, Jay Guillot and Chas Roemer—quickly turning the entire process into a pathetic farce;

• A school in New Orleans run by a man calling himself an “Apostle,” a school in Ruston with no facilities—classrooms, desks, books or teachers—for the 165 vouchers for which the school was approved, tentative approval of vouchers for a school in DeRidder that could not even spell “scholarship” on its sign and for a school in Westlake that teaches that the “Trail of Tears” led many Native Americans to Christianity, that dragons were real, that dinosaurs and humans co-existed at the beginning of time (6,000 years ago, the approximate age of earth, according to its textbooks), that slave owners in America were kind, benevolent masters who treated slaves well, and that the Ku Klux Klan was a helpful reform-minded organization with malice toward none (Don’t laugh, folks; this is what many of these fundamentalist schools who qualified for vouchers are teaching.);

• Then there’s that charter school in Delhi that held girls to a slightly higher standard than boys. Any girl who became pregnant was expelled and any girl even suspected of being pregnant may be ordered to undergo an examination by a doctor of the school’s choice. The boy who gets her pregnant? Nothing. No punishment, no responsibility. Only after being subjected to public exposure, ridicule and criticism did the school alter its policy;

• A state legislator who said she approved of vouchers for Christian schools but not for an Islamic school in New Orleans because this country was founded on the Christian principles of the founding fathers, neglecting for the moment that the founding fathers were for the most part, Deists;

• And to top it all off, White smiles condescendingly and tells us that the criteria applied for approval of vouchers for these schools is part of the “deliberative process,” a catch-all exemption employed by the administration when it doesn’t wish to provide what are clearly public records—an administration, by the way, that touts its so-called “transparency.” Fortunately for the public, the Monroe News-Star is taking White’s pompous behind to court over that decision. (Confidentially, it is the humble opinion of LouisianaVoice that White never had any criteria and that he is creating policy and criteria on the fly because he simply is in way over his inexperienced, unqualified head as the leader of the agency charged with the education of our children. And that perhaps is the most shameful aspect of the entire voucher system and the single biggest act of betrayal on the part of a governor equally overwhelmed by the responsibilities of public office—especially an absentee governor.)

So as the Jindal Express rumbles down the track like a bad motorcycle going 90 miles per hour down a dead-end street (with apologies to Hank Snow) and things begin to unravel on the home front, just where is this absentee governor?

Well, it seems that rather than remain in the state and address the problems that are piling up and growing more complex with each passing day, he seems to prefer to spend his time stumping for Romney—or auditioning for a cabinet position he says he won’t accept—after seeing his chances for the vice presidency fall by the wayside.

A mature governor, a caring governor, a capable governor—one who is truly concerned about the welfare of his state—would defer from flitting all over the country spouting rhetoric on behalf of his presidential candidate in favor of remaining at home and addressing problems that are very real and very important to the people who elected him. Romney, after all, never once voted for Jindal.

There could be only one motive for turning his back on nearly 600,000 voters who first elected him in 2007 and the 673,000 who re-elected him last fall: he doesn’t really care about Louisiana and its people; he cares only about Bobby Jindal and those who can help him in the advancement of his political career.

If Gov. Jindal was truly concerned about the welfare of Louisiana, he certainly would have provided us with an encore of his hurricane and BP spill disaster performances: he would have headed straight to Assumption Parish to grab some TV face time at the Bayou Corne sinkhole and then flown away in a helicopter even as a ghost writer busied himself penning a book sequel: Failed Leadership and Fiscal Crisis: the Crash Landing.

That’s the very least he could do.

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The deteriorating relationship between Gov. Piyush Jindal and the legislature, already strained over the debate about Jindal’s attempt to use one-time revenues to help close a gaping budget hole during the last legislative session, may be about to become even more estranged.

LouisianaVoice has learned from two independent sources that Jindal will likely nominate Deputy Chief of Staff Kristy Nichols to the post of interim Legislative Fiscal Officer to replace the recently-retired Gordon Monk.

One other source, however, said the interim appointee might well be John Carpenter, recently resigned as Chief Administrative Officer to Baton Rouge Mayor Kip Holden. That source said the interim Legislative Fiscal Officer would be appointed only on condition that he/she not apply for the permanent position.

Carpenter worked for more than two decades for the House Fiscal Division and at one time was staff director of the Joint Legislative Committee on the Budget (JLCB), which will make the appointment of Monk’s replacement. Carpenter left the House fiscal post to work for Angéle Davis when she became Commissioner of Administration shortly after Jindal’s inauguration but subsequently left there to work for the Baton Rouge mayor whom he knew from when Holden served in the legislature.

The JLCB meets for two days this week, Tuesday and Wednesday, and sources say the committee will name an interim Legislative Fiscal Officer on Wednesday.

Jindal’s rumored effort to place Nichols in the position, whether on an interim or permanent basis, could be rife with controversy and stir even more resentment among legislators who have seen any semblance of independence from the governor’s office steadily erode during Jindal’s tenure. Unlike any other state, Jindal was able to name both the Speaker of the House and the Senate President and a compliant Legislature has acquiesced in every instance.

Monk, after 33 years in state government, finally became fed up earlier this month and announced his retirement citing increased workload, pressure, stress and infighting among legislators. He said the session, which began on March 12 with 18-hour days and ended on June 4 with budget battles, convinced him to walk away.

He announced on Aug. 3 that his last day would be Aug. 8 and the JLCB was originally scheduled to name his interim replacement on Aug. 6 but that announcement has already been delayed twice, creating speculation that this week’s committee meeting could generate rebellion among committee members.

Though the position of Legislative Fiscal Officer is one of the more low-profile positions in state government, the Legislative Fiscal Office (LFO) is one of the more important agencies in state government.

Employees are required to be present during the session, often working to midnight, to address questions about bills from legislators. The pace was stepped up this year when Jindal pushed through the majority of his education package before Easter.

The LFO, a counterpart to the State Budget Office, is responsible for analyzing the governor’s revenue and spending proposals for the Legislature and is charged with generating fiscal notes on every bill filed in order to provide legislators with its analysis of the potential financial impact of proposed laws. In theory, the LFO is independent but in reality, it answers to the House Speaker and Senate President–both elected at Jindal’s direction.

Fiscal notes that reflect potential financial impact considered too high have been known to kill bills in the past.

It is those fiscal notes that have generated considerable consternation in the governor’s office as more than once the LFO’s projected financial impact has clashed with Jindal’s optimistic projections and word around the Capitol is that the governor wants to control the LFO so that he can also control the all-important fiscal notes.

Senate President John Alario has already confirmed that the interim appointee will not be one of the existing employees—including Staff Director Evan Brasseaux and Chief Economist Greg Albrecht. Albrecht recently crossed Jindal by contradicting the governor’s rosy economic outlook by depicting the state as still struggling to recover from the recession. That flash of independence probably doomed his chances—even if Jindal had not already decided on Nichols.

Nichols previously served as Interim Director of Social Services, as Secretary of the Department of children and Family Services and as a policy advisor on health and social services initiatives to Jindal where she worked on the passage of Jindal’s health care legislative package. Prior to Jindal’s taking office, she served as a policy advisor for his transition team.

She was named to her present position in June of 2010.

She has a bachelor’s of administration in business from the University of Tennessee and a master’s in communication from the University of Louisiana Lafayette.

With her degree in communications, Nichols could likely be counted on to generate fiscal notes that are more governor-friendly.

Just another day of transparency, accountability, good government and selecting appointees “on the basis of what they know, not who they know,” courtesy of Piyush Jindal.

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BATON ROUGE (CNS)—The Retired State Employees Association (RSEA) Board of Directors has authorized the RSEA staff to move forward with the hiring of an attorney to proceed with litigation challenging the constitutionality of recently passed House Bill 61 by Rep. Kevin Pearson (R-Slidell) which became Act 483 of the 2012 Louisiana Regular Session, upon the signature of Gov. Bobby Jindal.

The act, commonly referred to as the “Cash Balance Plan” (CBP), is future, non-hazardous-duty state employees of the Louisiana State Employees’ Retirement System (LASERS), post-secondary education members of the Teachers Retirement System of Louisiana (TRSL), and is optional for certain other members of Louisiana School Employees’ Retirement System (LSERS) hired on or after July 1, 2013.

The act is being challenged on constitutional grounds with RSEA claiming that it did not receive a two-thirds vote in the House of Representatives as required under Article X, Section 29(F) of the Louisiana Constitution to enact benefit provisions for members of any public retirement system which has an actuarial cost.

The bill passed by a majority of the House (68-36) but lacked the required 70 votes.

The two-thirds vote was required since the legislative actuary determined that the CBP has an actuarial cost. The actuary wrote in his official legislative actuarial note that “the Cash Balance (CB) Plan will cost more than the current Defined Benefit (DB) Plan.”

The constitutional requirement was intended to add an extra level of protection against increasing the costs of the retirement systems, RSEA said.

“It is therefore the conclusion of RSEA and our attorneys that this legislation requires a two-thirds vote for passage, rather than a simple majority,” said Frank Jobert, Jr., executive director of RSEA.

RSEA President Benny G. Harris said members of the RSEA board of directors, representing the interests of current and future state employees and retirees throughout the state, “could not let the defined benefit retirement plan fall by the wayside on their watch by virtue of a ‘defective’ piece of legislation without a property legal challenge in the courts.

Attorneys Robert Tarcza of New Orleans and Robert Klausner of Plantation, Florida, are handling the case for RSEA and plan to file suit in 19th Judicial District Court in Baton Rouge next week. To be named as defendants will be the State of Louisiana, Gov. Bobby Jindal, and State Treasurer John Kennedy.

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