Feeds:
Posts
Comments

Archive for February, 2013

Guest Column
By STEPHEN WINHAM

The long-awaited Jindal administration proposal to balance the Fiscal Year 2013-2014 budget was released yesterday (February 22). The most surprising thing about it was its almost complete lack of surprises. Once again, we were presented with a budget that uses one-time money, contingencies, and outright conjecture, along with increased college tuition, to create the illusion of a balanced budget that does little or no harm.

Perhaps the most surprising and indefensible part of the presentation was revealed in Melinda Deslatte’s AP wire story late yesterday. Deslatte reported that commissioner of administration Kristy Nichols defended the use of patchwork funding in the budget on the grounds that not doing so would result in “needless reductions to critical services.” Think long and hard about what that means.

The governor is happy to tout his refusal to increase state taxes. He is also happy to talk about his successes in reducing the size of government and refusal of additional federal support. He is very direct, if not necessarily consistent, when it comes to holding the line on these things. Although there is no second half to his current plan to eliminate income and franchise taxes, he assures us that, if he actually ever presents a proposal for the other side of the equation, it will be income neutral.

If Nichols’ testimony is to be taken at face value, we can only assume it is not possible to maintain critical services with our current level of recurring revenue. So far, the governor’s approach to reducing state government has been to gradually strangle it through continued submission of unrealistic budgets intended to give the impression everything is okay. The legislators adopt these proposals and congratulate themselves on another successful year.

In reality, everything is not okay. The governor knows it. Ms. Nichols knows it. The legislators interested enough to pay attention know it. As long as projected revenues from reliable, stable sources do not equal projected necessary expenditures, things will NEVER be okay. Governor Jindal has not submitted, nor has the legislature adopted, such a budget during his entire administration. This is proven by the mid-year cuts that are always necessary in adopted yearly budgets and the never-ending projections of deep holes for every future year.

Governor Jindal has been quoted repeatedly in the national press saying we all have to learn to live within our means. If he really believes this, why does he not present budgets that allow the state of Louisiana to do so? I think Ms. Nichols has made the answer quite clear – because we simply cannot live the way we want to within our present means. Presenting a truly balanced budget would result in an outcry from even the staunchest fiscal conservatives who would immediately begin to cry, “Why don’t you cut the fat, not the meat?” They would never accept there isn’t enough fat left to leave the meat alone.

A group of legislative “Fiscal Hawks” [a term coined by respected blogger C. B. Forgotston] has attempted to solve the perennial problem of unbalanced budgets by forcing the governor and the legislature to simply comply with the clear spirit of the state’s existing constitution and statutes as they apply to the budget.

Regardless of how complicated some might attempt to make these laws, their intent is plain common sense: we should do our best to project recurring revenues and adopt a budget that balances expenditures with them. If one-time revenues are used, they should only be used for clearly one-time expenses because doing otherwise automatically creates holes in future budgets. We shouldn’t budget on contingencies and conjecture because if the revenues fail to come in we will have significant trouble paying for or cutting the services they were supposed to fund.

Could anything be simpler or make more sense? If the governor and the legislature know we cannot live within our means why don’t they do something as simple as following the intent of existing law? The governor doesn’t propose budgets doing so because, like Ms. Nichols, he knows it is impossible without making unpopular cuts to essential services. Cutting taxes is popular. Cutting needed services, or raising taxes, is not.

The legislature doesn’t demand we live within our means for the same reason and also because of their collective belief that their constituents are only interested in the extent to which they bring home the bacon. Legislators believe not bringing home the bacon equals not getting re-elected. Although they already have a history of funding local services to the detriment of state programs in the past, we have now reached a critical stage.

If essential state services are cut at the same time purely local projects are funded, there might actually be a backlash for individual legislators. They might learn that their constituents benefit from the critical state services to which Ms. Nichols refers and actually care about the future of the state in which they live as much as their local neighborhoods.

Why can’t our state’s leaders just be honest about this and do the right thing? Understanding and dealing effectively with the budget dilemma requires a level of knowledge that can only be gained through fairly intimate involvement with, and knowledge of, the state’s budget and fiscal status. It is unreasonable to expect individual citizens to educate themselves at the detailed level necessary to make the right decisions about how to fix things even if they could. When we elect our governor and legislators, we do so with the reasonable expectation that they can and will take care of these things in our behalf.

It is certainly easy to understand why it is difficult to make hard cuts when cash is, or even may be, available to avoid them. But willfully allowing gross fiscal instability to continue indefinitely is a violation of the public trust. It serves no one well and doesn’t even allow the ability to isolate inefficiencies and make rational cuts in spending where they actually need to be made.

Only by facing reality can our state’s leaders make the necessary changes to move us forward. The administration has admitted the current gap cannot be closed by cuts alone. We should support those legislators and other elected officials who have the courage and conviction to make responsible decisions about our future even if they include additional taxes.

(Stephen Winham is the retired Louisiana State Budget Director)

Read Full Post »

Assistant Attorney General: “We will help with public meetings but we don’t involve ourselves with public records.”

LouisianaVoice: “You differentiate between public records and public meetings?”

Assistant AG: “Yes. We will help with public meetings but we don’t involve ourselves with public records.”

—Exchange between an assistant attorney general and LouisianaVoice over LouisianaVoice’s request for assistance in getting the Louisiana Department of Education to comply with the state’s public records laws. We eventually had to rely on our legal counsel to shake the records out of the Claiborne Building.

Read Full Post »

The Louisiana Attorney General’s office has more than 80 legal opinions posted online that address the state’s open meetings and public records laws but don’t expect James “Buddy” Caldwell’s office to assist if you run up against resistance from a state agency like, oh say, the Louisiana Department of Education when seeking public records.

When LouisianaVoice recently encountered characteristic foot-dragging by State Education Superintendent in complying with our request for records pertaining to the department’s connections to Bill Gates’ Shared Learning Collaborative and Wireless Generation, a subsidiary of Rupert Murdoch’s News Corp., we asked for a little help from the attorney general’s office.

That help was not forthcoming so we had to go to our fall back plan—our legal counsel, J. Arthur Smith who loves to take on the bureaucracy.

Instead, we received a telephone call from an assistant attorney general somewhere deep within the bowels of the Livingston Building at 1885 North Third Street in Baton Rouge.

The assistant AG was polite enough as she explained that it was not the function of the attorney general’s office to assist the public in obtaining public records from recalcitrant state agencies.

“But, but, you do help when people are attempting to obtain access to public meetings,” we sputtered in disbelief.

“Yes,” she said, “but we are not involved in disputes over public records.”

“Yet you will get involved in enforcing open meeting laws?”

“Yes, that’s different.”

“Wait. What? Different?”

“Yes.”

“But I thought the attorney general’s office would assist Louisiana citizens gain access to public records. Isn’t that the law?

“Where does it say that? We assist with public meetings.”

“You differentiate between public records and public meetings?”

“Yes. We will help with public meetings but we don’t involve ourselves with public records.”

“What’s the difference?”

“There is a difference.”

“What is it?”

“One issue is public meetings while the other is public records.”

Such is the surreal world one encounters when attempting to navigate the bureaucratic red tape of state government.

Yet, when one does a cursory internet search, it is easy enough to find opinion after opinion that addresses the very issue in question—like the following excerpts from Louisiana Attorney General opinions:

• The Department of Insurance must comply with a public records request made pursuant to LA. R.S. 44.1, et seq.

• Square footage obtained by the assessor in the performance of his or her constitutional and statutorily designated duties falls within the definition of a public record provided by the Public Records Act…

• The Slidell Memorial Hospital Foundation is a quasi-public body, subject to the open meetings laws, public records laws…

• Hand-held scanners may be used in the inspection of public records (we threw this one in because Gov. Bobby Jindal’s office refused us the opportunity several months back to use our hand-held scanner to inspect public records.)

• The nominating committee for the Southeast Louisiana Flood Protection Authority is subject to the state’s “open meeting” and “public records” laws.

• When employees conduct official business through electronic communications, it becomes part of the public record which an individual may view…

• East Baton Rouge firefighters’ timesheets are a matter of public record…

And so on. You get our drift.

So, while no help can be anticipated from within the Louisiana Department of Justice (because, in the words of the late Richard Pryor, it’s “just US,” or in this case, “just them”), we will nevertheless plod along in our attempt to keep our readership informed—even to the point of employing the considerable persuasive legal talents of J. Arthur Smith who loves his job almost as much as we love ours.

Read Full Post »

“I have prepared a bill calling for a constitutional amendment making the Louisiana Superintendent of Education elected and not appointed. It will be difficult to pass, but the people should decide who their superintendent is—not the Governor.”

—State Sen. Bob Kostelka (R-Monroe), in an email Thursday to LouisianaVoice as a result of LouisianaVoice story about plan to provide personal student information to a computer bank controlled by News Corp., owned by Rupert Murdoch.

Read Full Post »

It’s highly improbable but there is an ever-so-remote possibility that State Superintendent of Education John White could find his job in jeopardy.

Whether he does or not, there is a much greater chance that State Sen. Bob Kostelka (R-Monroe) could find himself removed from his chairmanship of the Senate Judiciary C Committee and/or removed from three other committees on which he now serves.

That’s because Kostelka intimated on Thursday that he intends to introduce a bill in the upcoming legislative session calling for a constitutional amendment making the state superintendent of education position elective instead of appointive.

The office was previously elective until 1987 when it was changed to appointive but now Kostelka wants to change it back.

His announcement came on the heels of a news story this week by Capitol News Service that linked White and the state Department of Education (DOE) to Rupert Murdoch and his News Corp. which was embroiled in the hacking scandal two years ago in which cell phone communications were compromised in Europe.

Emails obtained by CNS revealed plans by DOE to enter sensitive student and teacher information—including names, social security numbers and grades—into a massive electronic data bank being built by Wireless Generation, a subsidiary of News Corp., as part of a project called the Shared Learning Collaborative (SLC) being spearheaded by the Bill and Melinda Gates Foundation.

The CNS story has generated a movement among parents to notify White and DOE that they do not want any information on their children provided to any outside entity.

The proposed collection of data on students has already begun in a few states and has created considerable controversy in places like New York. That state’s contract with News Corp. was first approved, then cancelled, only to be reapproved last August as one of several subcontractors for Public Consulting Group, one of four contractors chosen for the $27 million contract.

Under the proposal, Wireless Generation is supposed to store student test scores, student demographic information, curriculum materials, lesson plans and other information and would presumably perform the same function for Louisiana.

Though no cost estimates have been provided for the program in Louisiana, providers for the New York program will be paid in part based on the number of school districts that choose their data systems.

The Gates Foundation plans to turn over the personal data it collects to another, as yet unnamed corporation headed by Iwan Streichenberger, former marketing director for an Atlanta company that sells whiteboard to schools.

A copy of a 68-page contract between SLC and the New York State Educational Department was provided by a citizens’ watchdog group in that state. The contract said, in part, that there were no guarantees that data would not be susceptible to intrusion or hacking, though “reasonable and appropriate measures” would be taken to protect information.

“I have prepared a bill calling for a constitutional amendment making the Louisiana Superintendent of Education elected and not appointed,” Kostelka said in an email to CNS on Thursday. “It will be difficult to pass, but the people should decide who their superintendent is—not the governor.”

Technically, the state superintendent is not chosen by the governor but by the Board of Elementary and Secondary Education (BESE). The reality, however, is that Gov. Bobby Jindal campaigned for and contributed monetarily to the campaigns of favored BESE candidates in the fall of 2011 after the previous board had held up the appointment of White, Jindal’s choice for the post. Only after several pro-Jindal candidates were elected did BESE eventually formally appoint White upon their taking office in January of 2012.

Kostelka, in authoring such a bill, risks incurring the wrath of Jindal who, in popular Baton Rouge parlance, would likely “teague” Kostelka out of this committee chairmanship and even demote him from his current committee seats to minor committees.

The term “teague” comes from Jindal’s firing of Melody Teague in October of 2009 one day after she testified before the Government Streamlining Committee. She appealed and eventually won her job back.

But six months later, her husband Tommy Teague, was fired as director of the State Office of Group Benefits because he did not endorse the privatization of his agency quickly or enthusiastically enough to please Jindal.

Jindal has a well-established tradition of demoting or firing legislators, state civil service employees and appointees who dare display any independence.

He doesn’t do the actual firing, of course, and even goes to great length to deny any involvement in the decision to fire or demote. Instead, he hands off that task to agency heads or cabinet members do the firing and either Speaker of the House Chuck Kleckley (R-Lake Charles) or Senate President John Alario (R-Westwego).

Read Full Post »

« Newer Posts - Older Posts »