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Archive for October, 2012

LouisianaVoice has learned that the Department of Education may have an understandable, if not altogether legitimate reason for refusing to release information to the public: a candid response to one request for information might well lead to additional requests and subsequent release of information that the department simply does not want on the street. In short, things could get out of hand in a hurry. That’s called the domino effect.

Accordingly, DOE is following the lead of Gov. Piyush Jindal, who hides behind the “deliberative process” in not releasing information, by likewise clamping down on all information flowing from the department.

That, if nothing else, should be sufficient for Louisiana citizens to demand a more open administration from their absentee governor.

It turns out that Dave “Lefty” Lefkowith, DOE’s new Director of the Office of Portfolio, has quite a past, with strong connections to former Florida Gov. Jeb Bush, the infamous Enron Corp. and a spinoff company called Azurix. More about that later.

Our initial request for public records resulted in the disclosure that Lefty was an employee of DOE. The obligatory follow up request for information revealed that the Louisiana taxpayers got him for a mere $144,999.88 a year, with a “free” Youtube video to boot, albeit a largely amateurish effort to hype DOE’s computer Course Content.

It might also be worth noting that on that video, Lefkowith gives himself a promotion—from being Director of the Office of Portfolio to Deputy Superintendent.

That, of course, prompted a more thorough background search and what we found was a real eye-opener and should be a red flag to state legislators and Louisiana taxpayers alike. If, after all, the past is really prelude, then his appointment does not bode well for education in this state. This could well be a train wreck waiting to happen and it begs the question: just how much tolerance will the citizens of Louisiana have for this administration’s shenanigans before enough is enough?

The information that follows comes from investigative reports by Michael Pollock and Chris Davis of the Sarasota (FLA) Herald-Tribune. Davis is now leader of a Pulitzer Prize-winning investigative team at the Tampa Bay Times in St. Petersburg, FLA.

In 1998, when Jeb Bush was running for governor of Florida, Enron, then a fast-rising Houston energy broker, was in the process of diversifying into the potentially profitable new field of water supply privatization through a subsidiary called Azurix Corp.

Secretary of the Florida Department of Environmental Protection (DEP) David Struhs, a Bush appointee, was simultaneously promoting two concepts on behalf of Azurix: auctioning off blocks of water to the highest bidders and obtaining underground water and storing it for later withdrawal through a process called aquifer storage and recovery (ASR).

Enron sank $900 million in Azurix, hoping to duplicate the proposed action in two other states, California and Enron’s home state of Texas, as well as in South America. Ultimately, however, Enron lost $500 million when the project failed to materialize, eventually selling what was left of the company in 2001 to American Water Works as a precursor to the eventual collapse of Enron.

Struhs also pushed another project to deregulate energy in Florida and to open the state to competition by allowing companies to build power plants, using existing power lines for the purpose of selling electricity to the highest bidding utility or other customers.

Standing shoulder to shoulder with Struhs was his good friend, David “Lefty” Lefkowith, president of Canyon Group, Inc., of Los Angeles.

First, a little background:

Back in 1991, President George H. Bush named 23 industrialists and environmentalists to the President’s Commission on Environmental Quality and named Struhs to run the commission. One of the 23 commission appointees was then-Enron CEO Kenneth Lay.

When Bush lost his re-election bid to Bill Clinton in 1992, Struhs went to work for Lefkowith as vice president of Canyon Group. Lefkowith has represented as many as 60 different electric power companies through his company.

By 1998, Struhs was working for Jeb Bush and Lefkowith was on board with the ill-fated Florida water privatization project. “I don’t think water is so damn special,” he said at the time. “If you let markets take over, you’d find water was cheaper, there would be more of it, and customers would be better served.” He neglected to explain how water quantity would increase.

Fast forward to 2002 and Struhs and Lefkowith were back at the forefront of market manipulation in Florida at the behest of Jeb Bush, but by now, their dealings were with electric power companies. Struhs was DEP Secretary and Jeb Bush had set up Energy 2020 Commission, a group assembled to study deregulation.

This time when Struhs brought him in as a consultant, Lefkowith was given unlimited access to all the emails of Bush’s Energy 2020 Commission members and staffers even though most of the 2020 commissioners never heard of him, never saw him and never knew he access to their correspondence. The Energy 2020 Commission was a group Jeb Bush assembled to study deregulation.

On Feb. 4, 2001, Struh’s deputy chief of staff, Mollie Palmer, ordered a half-dozen top DEP employees to start sending Energy 2020 Commission documents to Lefkowith with emails from Energy 2020 Chairman Walter Revell or from commission executive director Billy Stiles to be “forwarded to Lefty upon receipt.”

After receiving a copy of that memo, Pollock and Davis requested copies of all documents sent to Lefkowith but DEP officials responded that no documents existed. (That sounds much like the responses received by Capitol News Service from the Division of Administration and from the Louisiana governor’s office.)

“Who is this guy to get this information?” asked Florida Democratic Party Chairman Bob Poe. “From the tone and tenor of these emails and communications, he is directing energy policy (for the state). What authority does he have to do that? And for what purpose?”

Democratic State Sen. Kip Campbell of Tarmarac was even less forgiving of the practice. “Suppose I was sending letters to Struhs, like ‘here is my thought process on what we are going to do legislatively.’ And Lefkowith knows this ahead of time. Lefkowith might be working for Calpine and all those other companies, and selling that knowledge for profit. I’d be willing to wager he probably was.”

Lefkowith also attended strategy sessions with Gov. Jeb Bush to discuss findings of the Energy 2020 Commission.

In addition, he lobbied Florida utility representatives in private meetings on the issue of building power plants in order to broker power sales.

He would later use the information he had obtained as confidant to Struhs and Jeb Bush to wrangle a consulting job with the Florida PSC.

So now “Lefty” Lefkowith is in the employ of Louisiana Department of Education as Director of the Office of Portfolio, which is over the Office of Parental Options—whatever the function of those offices may be.

Given his past efforts at privatizing water sales and his attempt at forming a consortium to sell electric power to the highest bidder in Florida, it should come as no surprise to see him attempt to implement much the same type of coup with charter schools or the computer Course Choice program in Louisiana.

Whatever the case, one can bet there is money to be made somewhere in the grand scheme of things.

All this from our initial request for the amount he was paid for making a video of embarrassingly amateurish quality.

No wonder news outlets are experiencing difficulty in obtaining information from the “most open, accountable and transparent administration in the history of Louisiana.”

Our mothers always told us one thing leads to another.

There’s another adage that applies here: Sunshine is the best disinfectant.

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“Dave has three decades of experience bringing innovation into the workplace and Louisiana has tapped his proven skills to bring innovation into the classroom. He has worked with private sector companies and government agencies across the nation to harness the talent of professionals in diverse industries and develop creative solutions to improve results. He is regarded as an expert nationally in these areas, and the skills and experience he brings will be critical in effectively implementing a number of large, complex programs and activities aimed at benefiting Louisiana school children.”

—Department of Education response to a LouisianaVoice public records request into the qualifications of motivational speaker Dave “Lefty” Lefkowith as the department’s Director of the Office of Portfolio at a salary of $145,999.88 per year.

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The Monroe News-Star has sued them and the Associated Press keeps pounding out the message that the Louisiana Department of Education has consistently refused to provide public records to the media—even after having first promised to do so.

But after a recent exchange of emails with DOE, LouisianaVoice has arrived at the conclusion that perhaps it is just as well that the media cease its quest for the information and that the department remain non-compliant with such requests. At least it cuts down on the confusion.

A reader recently sent us a Youtube link to a video presentation in which one Dave “Lefty” Lefkowith hyped the department’s computer Course Choice.

Course Choice is Superintendent of Education John White’s brainchild whereby a business, a college or an individual may offer computer courses to students at a fee set by the business, college or individual providing the courses.

But back to Lefty. Here is the link to his presentation, poor audio and all:

http://www.youtube.com/watch?v=GfFoeQFoduM

After viewing his stellar performance, we decided to check Lefty’s credentials.

Executive Speakers Bureau, a booking agency for public speakers, described Lefkowith as a resident of California whose speaking fee ranges from $10,000 to $15,000.

“Dave ‘Lefty’ Lefkowith is a dynamic hands-on change agent, successful as an executive, a corporate consultant, an entrepreneur and a speaker/trainer,” the speaker bureau’s bio profile said. “Dave provides leaders and organizations with the practical insights they need to be successful in the 21st Century.”

There was more, of course, but we had seen enough to wonder why, at a fee of $10,000 to $15,000, Lefty’s DEO Course Choice video sounded as if he were speaking from the bottom of an empty metal barrel.

So, naturally we made a public records request of the department as to how much Lefty charged Louisiana taxpayers to make such a poorly-produced video presentation.

The answer surprised us.

Lefty, it seems, charged the department absolutely nothing in the way of fees to make the promo. That’s because, explained DOE public information representative Barry Landry, ol’ Lefty is now a full time employee of the department.

Wait. What?

That news flash, of course prompted yet another public records request:

• What is David “Lefty” Lefkowith’s official title?

• When was he hired by the Louisiana Department of Education?

• What is his official title?

• What are his qualifications for his position?

A few days later we received this response:

“Dave Lefkowith replaced Parker Baxter. Lefkowith’s title is Director, which was the same as Baxter. Lefkowith’s first day with the Department was July 20, 2012. Lefkowith’s salary is $145,999.88, comparable to Baxter’s salary of $140,000. Dave has three decades of experience bringing innovation into the workplace and Louisiana has tapped his proven skills to bring innovation into the classroom. He has worked with private sector companies and government agencies across the nation to harness the talent of professionals in diverse industries and develop creative solutions to improve results. He is regarded as an expert nationally in these areas, and the skills and experience he brings will be critical in effectively implementing a number of large, complex programs and activities aimed at benefiting Louisiana school children.”

Several things came to mind after reading this:

• First of all, director of what? Lefty is simply described as a “Director.”

• Second, does anyone actually understand what the DOE response said? From our reading, it’s what we like to call gooney-babble.

• Third, if Lefty is really as “dynamic” as his bio on the Executive Speakers Bureau web page says he is and at $10,000 to $15,000 a pop, it would appear that as few as 10 to 15 of those “dynamic, hands-on” presentations a year would match what the department is paying him. So, why would he give all that up and leave California to become a hired hand in Louisiana?

We also checked out his predecessor, Parker Baxter. Here is what his DOE bio said about him:

“Parker Baxter is the Executive Director of the Office of Parental Options at the Louisiana Department of Education. He previously served as Senior Legal Analyst at the Center on Reinventing Public Education, working as project manager for the District-Charter Collaboration Compact project. He is an education attorney, consultant, and author with over ten years of experience in the field. Previously, Parker served for three years as Director of Charter Schools for Denver Public Schools (DPS) where he was responsible for authorization, quality assurance, oversight, and performance management of the district’s portfolio of more than 30 charter and contract schools. Prior to joining DPS, Parker was an aide to Senator Edward M. Kennedy on the Health, Education, Labor and Pensions Committee, where he worked on issues related to the No Child Left Behind Act and Head Start, and assisted in the formation and passage of the Higher Education Access Act. Parker has a Juris Doctor from New York University School of Law and a Masters in Public Management and Policy from NYU’s Wagner School of Public Service where he was a Dean’s Scholar. He is also a former special education teacher, an alumnus of Teach for America, and an honors graduate of Colorado College.”

Okay, so Lefty replaced the director of Parental Options (whatever that is) but now is the Director of the Office of Portfolio (whatever that is), which includes Parental Options, according to Landry in his follow-up response.

So our initial request for public records resulted in the following terminology being made available to us:

• Office of Parental Options;

• Center on Reinventing Public Education;

• District Charter Collaboration Compact Project;

• Teach for America;

• Innovation in the classroom;

• Implementing a number of large complex programs;

• Harnessing the talent of professionals;

• Developing creative solutions to improve results.

All for a mere $144,999.88 a year. What a bargain.

And for all that, we get a “free” Youtube video of amateurish quality.

As the old adage goes, be careful what you ask for…

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“Yesterday afternoon, I submitted a request to Civil Service for the Layoff Avoidance Measure of withholding performance adjustment pay increases (or merit increases) for the upcoming year. I sincerely regret that this is necessary for a third year in a row, but I made this request to minimize the impact of budget pressures on our levels of staffing and on the agency.”

–Louisiana Workforce Commission executive director Curt Eysink, in a September 26 email to his employees informing them they would not be receiving 4 percent merit increases.

“I’m not going to cast a vote to set a precedent for one employee.”

–State Civil Service Commission member Scott Hughes, less than week later, speaking out against a proposed $19,430 annual pay increase (40.8 percent) for a Louisiana Workforce Commission mid-level manager. Despite Hughes’s opposition, the compliant Civil Service Board rubber stamped the pay increase from $47,570 to $67,000 for the employee described by Civil Service assistant director Jean Jones as barely meeting minimum job standards.

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State Civil Service employees have gone without a 4 percent merit pay raise for three years now because of budgetary restrictions, brought on in large part by a Piyush Jindal administration that refuses to apply for federal grants for needed projects and by Jindal’s insistence on granting more and more tax breaks to corporate entities who take the money and, in at least one case, cease operations within a year or so.

No one is saying that grant money can be used to fund employee pay raises but when federal funds for broadband internet ($80.6 million), early childhood development ($60 million), and $5 billion a year in tax exemptions are taken out of the budgetary mix, the money must be made up from other sources.

Because of constitutionally mandated spending, there are only two areas where cuts may be made: higher education and health care. And of course, there is always the suspension of pay raises.

Accordingly, Curt Eysink, executive director of the Louisiana Workforce Commission (LWC)–once known by its archaic nom de plume, the Department of Labor–sent an email to all his employees on Sept. 26 which informed them thusly:

Dear Fellow LWC Employees,

As you are aware, the LWC has experienced significant reductions in funding over the last four years as the demand for our services increased. That has put a lot of added pressure on many of you, and you should know that your efforts are greatly appreciated. Unfortunately, the combination of funding reductions and increased services also puts a tremendous strain on our budget, and we continue to struggle to maintain staffing levels in certain areas.

Yesterday afternoon, I submitted a request to Civil Service for the Layoff Avoidance Measure of withholding performance adjustment pay increases (or merit increases) for the upcoming year. I sincerely regret that this is necessary for a third year in a row, but I made this request to minimize the impact of budget pressures on our levels of staffing and on the agency.

I appreciate your dedication and patience as we work through these tough financial times. If you have any questions, please feel free to contact me.

Well, wasn’t that special? Eysink, in an effort to avoid layoffs, was willing to allow his employees to bite the bullet on behalf of the greater good by denying them pay raises, even though he “sincerely” regretted the action.

But wait. While he was sacrificing 4 percent increases for virtually his entire agency, Eysink was apparently attempting a backdoor salary bump of some $20,000 per year (40.8 percent), from $47,570 to $67,000, for a single employee.

Jonie Smith, Emerging Workforce Manager (for programs involving community action agencies, veterans and disabled workers), was approved by the state Civil Service Commission for an increase from $47,570 to $67,000 despite restrictions that would have limited her increase to only $53,000.

This is the same Civil Service Commission that rubber stamped the privatization plan for the Office of Group Benefits that will cause about 120 workers in that agency to lose their jobs. (Is it just us, or does anyone else see the Civil Service Commission as becoming just another Jindal dancing monkey in much the same mode as the Ethics Commission and the Louisiana Legislature?)

Not that one member, at least, didn’t try to discourage the big raise.

Briefly, here’s a recap of what went down:

Smith apparently got a job offer from the private sector and Eysink felt she was just too valuable to lose. Civil Service rules allow a state agency to match a private sector offer and in this particular case a match would have boosted her salary by $5,430, or 11.4 percent—nearly three times the 4 percent merit raise for state employees—if such raises still existed, which, of course, they don’t.

Even at that, agency officials lobbied for $67,000, causing commission member Scott Hughes to balk. Hughes observed that a lot of good employees have already been lost to layoffs. Another 1500 or so are slated to lose their jobs (just in time for Christmas, no less) through massive cutbacks in services by the LSU healthcare system.

“I’m not going to cast a vote to set a precedent for one employee,” he said, adding that other agencies might attempt similar moves. “I believe it’s a barn door we are opening that will not get shut.”

Commission Vice Chairman John McLure pooh-poohed Hughes’s concerns. “Given the current economic situation and the downsizing we have approved, we won’t see much of this,” he said somewhat incredulously.

Apparently, McLure has not been paying close attention to the news lately (see Tim Barfield, whom Jindal appointed Revenue Secretary at twice the salary of his predecessor).

It should also be noted that while Eysink pays the obligatory lip service to his employees by telling them how much he values and appreciates their dedication and patience, at least one staff member is valued and appreciated considerably more than the rest. Either that or he’s simply lying about how much he appreciates his workers in the first place. Of course, lying is certainly not new to this administration.

Remember Jindal’s disingenuous State Employee Appreciation proclamations the past three years? Were they not so cynical and such classic examples of sick humor, they’d almost be laughable. Almost.

Hughes did have one ally in Civil Service assistant director Jean Jones.

While Ashley Gautreaux, LWC human resources director described Smith, who has worked for the agency since December of 2010, a “critical” employee, Jones said based on Civil Service records, Smith barely meets minimum job qualifications for the job she is in.

The commission predictably went along with the $19,430 per year pay raise with Hughes casting the only negative vote.

One LWC employee emailed LouisianaVoice expressing an attitude of being quite “p—sed” at the action.

That’s certainly easy to understand. Jindal has completely ignored this state since his re-election (with the exception of opportunities for camera face time during Hurricane Isaac). He is rarely even in the state anymore even as a dangerous sinkhole has caused evacuations in Assumption Parish. He is nowhere to be found even as the state’s economy is tanking, causing cutbacks in medical care, budget cuts to higher education which in turn precipitated tuition increases for already financially-strapped students—all while he pumps up salaries for his appointees (see Tim Barfield), fires doctors and college presidents and attorneys and continues to campaign for president—a goal, by the way, that he will never reach.

The question then is, with more than three years left for him to turn his nose up at the citizens who elected him, how much more of this boorish behavior is the state citizenry—and the legislature—willing to take off this arrogant Alfred E. Newman lookalike?

Perhaps Hammond attorney C.B. Forgotston said it best when he said it is time for us to move on because Bobby has. “It’s time for us to admit the truth: Bobby Jindal is finished with Louisiana,” he said.

“Bobby’s future is beyond the borders of Louisiana and he shows it every day. It’s time for the legislators to determine what type of state in which they want to live, not what Bobby leaves us.”

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