This is going to rankle some folks in the Legislature, but the fact is there are at least six cowards on the House and Governmental Affairs Committee.
That’s how many members of the committee voted against HB 19 by Rep. Jerome “Dee” Richard (I-Thibodaux) and Sen. Rick Gallot (D-Ruston) on Tuesday.
HB 19 would have removed the deliberative process exemptions from the governor’s office, in effect, ending abuses of the public records privilege that has been extended throughout the executive branch of government and LSU when the original law passed in 2009 specifically limited the privilege to the governor.
But six members of the committee hearing testimony that was overwhelmingly in favor of the bill, had feet of clay and did not have the backbone to stand up to a lame duck governor who long ago stopped caring about this state.
The three who voted to send the governor a message included Reps. John Berthelot (R-Gonzales), Jared Brossett (D-New Orleans) and John Schroder (R-Covington).
The six who should bear the stigma of being forced to wear the yellow letter “Y” (with apologies to Nathaniel Hawthorne) emblazoned across the front of their freshly starched shirts are:
• Committee Chair Timothy Burns (R-Mandeville);
• Vice Chair Michael Danahay (D-Sulphur);
• Taylor Barras (R-New Iberia);
• Girod Jackson, III (D-LaPlace);
• Gregory Miller (R-Norco);
• Stephen Pugh (R-Ponchatoula).
Why should we be so upset with the Sorry Six? The Gutless Gang? Because they have just made it even more difficult than ever to obtain public records from state agencies, in effect giving them carte blanche to operate in secrecy as never before. If you thought it difficult to get routine public records in the past, you ain’t seen nothin’ yet.
One witness testified before the committee that she could not readily obtain something as routine as a copy of state contracts without receiving notification from the Division of Administration (DOA) that a “search” was being conducted for the documents (despite the fact that she requested the contracts by contract number) and that once located they would be reviewed for “privileged and confidential information”—something that does not exist with public contracts; they’re public documents, pure and simple.
Thomas Enright, Gov. Bobby Jindal’s executive counsel, offered a lame apology for the difficult in obtaining copies of contracts. “I made a note of this,” he said. “There is no reason you should have problems getting a copy of a state contract.”
Really? Wow, what a champion of the people.
But that weak effort at atonement was easily matched by his equally disingenuous attempt at painting his boss as some great emancipator of the public’s right to know. It was easily the most pitiful performance so far this session by a spokesperson for this administration. And that includes Commissioner of Administration Kristy Nichols’ incredibly naïve utterance that the administration would not tolerate corruption as she was canceling the $184 million CNSI contract with the Department of Health and Hospitals (DHH).
As one witness after another cited the administration’s outright contempt for the public’s right—your right—to know what your government is doing with your tax dollars and how those actions might be enriching certain campaign contributors, the committee members went through the motion of pretending to listen and a few even asked perfunctory questions—probably provided them by the governor’s staff, if claims made by at least two other legislators last year are accurate.
But guess what? It didn’t matter. The fix was in from the get-go and HB 19 never had a prayer despite support from the Public Affairs Research Council (PAR), Leaders with Vision, Advocates for Public Health Care, the Baton Rouge Advocate, the Louisiana Press Association, and others.
This is the government you voted for, folks. You send them to Baton Rouge to represent your best interests and they promptly fall in line with the governor’s or some special interest’s agenda, and then legislators and lobbyists adjourn each night to Ruth’s Chris or Sullivan’s steak restaurants. And one way or another, you pick up the tab.
But don’t bother asking for public records on those sojourns. Deliberative process, don’t you know.
Louisiana Voice 
I hope the voters remember these sorry six legislatures when entering the voting booth. Just what was promised and paid for their voting nay for HB19?
Another bridge to nowhere, special appointee for yet undisclosed dept head, or not yet discussed committee chair for some special interest group? The stakes are high in this political pawn (con) game with OPM (other people’s money—taxpayers’). But then again, most voters don’t know or even care where their money goes. All is well on the Jindal front, major media included, on the governor’s game of thrones. The age of apathy is upon us.
Yes, people are apathetic and the mainstream media is largely to blame. Officials can make utterly ridiculous pronouncements and the media simply leaves them lying there, The public is given conflicting, filtered information upon which informed decision-making becomes impossible. We rely on our elected officials to behave responsibly and don’t know what to do when they don’t. So, what many people do is ignore much of the information they get on complex issues and do absolutely nothing in an attempt to take their elected officials to task for not representing their interests.
Tom the following is a copy of the email I sent the 3 Reps that voted for HB19
Rep Schroder, Danahay & Brossett: I would like to take the time to personally thank you for voting for a transparent government. I truly can not believe this bill did not make it out if committee . There is something very wrong with this picture and Im sure we will all find out sooner are latter . I only hope that this will not be the end of the push to change back the law Jindal pushed through in 2009.
Again Thank you for doing the right thing.
Have a good evening and please keep pushing for us in BR.
David A. Lubrano
The provision HB19 would eliminate is the most perfect example of why the law should simply be left alone in many cases. As the simpering Mr. Enright pointed out, it was the first change in the public records law in decades. It should have never happened.
The ostensible intent was to hold budget deliberations confidential until release of the actual budget. This was not a big problem for the 20 years I worked in the state budget office, but apparently it had become one for the Jindal administration.
It is not a good idea to release preliminary budget ideas, particularly when deep cuts are necessary for obvious reasons – doing so can result in undue anxiety and poor management decisions by agencies affected. I, personally, believe this information should be held confidential.
Like many other of our laws, including those as ostensibly well-intentioned as this one, the ink was barely dry on this new provision before it was being abused. In this case, as testimony yesterday detailed, the “deliberative process” is being applied to all kinds of things in many departments. The courts have even upheld its use in a case far removed from that office.
So, what to do? Obviously, things have degenerated to the point, the only answer is to repeal the provision. Trying to clarify it is useless and would simply create the opportunity for jumping through even more creative loopholes and even greater abuse than is now proliferating.
Tom has given a good account of the committee’s treatment of this bill. It was never going to get out of committee despite compelling testimony about how the provision is being abused.
One thing I thought somebody should have mentioned was that the governor could, at least, acknowledge this abuse and order his own cabinet officials and others in the state he controls to stop it. But, now that this bill is dead and another is unlikely to even be heard, what do you think will happen? Will the governor order people to limit its use to its clearly intended purpose or will the abuse expand? I know what I think. How about you?
“War is peace. Freedom is slavery. Ignorance is strength.” Oh, and transparency is secrecy and deliberative process is disclosure.
Nothing will happen. No order will come from above and the abuse will expand. One of the brave legislators will be appointed to a high-salaried state position right before leaving office due to term limits. Another will sponsor an constitutional amendment to allow us the privilege of once again reelecting the governor. Still another will be standing alongside the governor in church when both are lifted up in the rapture.
I hope people will remember this when it is time for us to vote. Mr. Barras will be hearing from me. But then again, he never bothers to respond to my emails. I guess voter concerns are not his priority. People in this state tend to have short memories during elections and vote along party lines. Most voters have no idea about the voting record of the people they elect. I hope someone is around to remind everyone during election time.
Independent Thinker please don’t feel like the Lone Ranger when it comes down to our Legerslaters not responding to emails.
I have sent countless emails in the past 3 weeks . The only Rep to respond to every one of my emails is Rep Kirk Talbot. I had 1 other respond to 1 email with a thank you. Other then that I have not received responses. THEY JUST DON’T CARE!!!!
Girly men? The article could have been written without misogynistic comments.
As in my response to Offended, you are correct and I am expunging the offensive reference. My sincere apologies.
Guess no one is familiar with SNL. The girly men were not “gay”, they were to portray “dressed pretty”, as in dressed for the occasion, not much brawn,or too much brawn, depending on your slant. Mr USA stereotype, Arnold, back in the day. No one complained, it was a skit. Tom apologized for the wordage. It was one of my favs as well as SNL watchers. Arnold was cast as his own character.
That’s one of the kinder things one could say about them. In majority, our legislature is peopled by gutless wonders whose primary mission appears to be feeding at the public trough.
Tom
Thanks for the information. This should be shouted from the rooftops. The constituents of these six folks should really take note of this travesty and remember it. The comments above represent, I think, the consensus of most of the citizenry, that with just very few exceptions, such as noted by Mr. Winham above, there should be no deliberative process exemption for most records. This, coupled with the piece that Tom posted on 29 April regarding electronic mail and DOA, which is pretty much where all of the information is these days, provides a very chilling realization that transparency is and will be a “thing of the past”. As if it ever was that prevalent. As far as legislators replying to electronic mail, I agree that responses far too often nonexistent. I wonder if that is a function of staff or the instructions from the legislator. I doubt seriously that any significant number of legislators actually “manage” his/her own “official government” electronic mail account. So one has not only to hope that they do but to also hope that any staff member who might be assigned to the task is not “filtering” them. “If you like sausage…….”
I truly hope that the citizens get another bite at this apple and that the outcome is different. As far as the governor doing anything like what Mr. Winham suggested, methinks that is about as likely as snow in August here in B.R.
Sad that only 8 citizens have responded to the above article. This represents those of us with concerns for our ever changing government process.There is no longer a voice for the people. We have been circumvented by ninja attorneys representing the Jindal administration, and their brothers to the right. In the past, the governor’s office has only been a figure head, with the legislature representing the citizens of the state. No longer can we the people depend upon these legislature to do our bidding, and protect our rights. We are merely the means to attain their funding to further their political ambitions. When the state treasury is empty, perhaps then we will hear from our esteemed representatives for more tax increases.
This is good information, thanks. I would take issue with the ‘girls men’ comment. I am gay and have heard similar remarks which were meant to impugn my character. To me it is the equivalent of calling someone a faggot. I’m sure that that was not intended but the use of ‘girly men’ rings an off note. Nevertheless, thanks again for the information.
Sent from my iPad
I sincerely apologize for any remark that may have offended anyone or made anyone uncomfortable. I will remove that reference immediately. Thanks for calling my insensitivity to my attention. I am human and I do err far more often than I should but I am sufficiently self cognizant to know and admit when I am wrong. And I am wrong on this.
Tom,
That would be Taylor Barras, R, New Iberia, to set record straight for your readership.
And by the way, keep up the GREAT work!!
You should be ashamed of yourselves for hearing all the testimony in favor of HB19 and not having the courage to support it yourselves. I guess the testimony you had was just to make a pretense of really wanting to know.
While I don’t have the privilege of voting against any of you in your next bid for reelection, please know that I would vote against you if I could. How very sad for your own constituents and for our state.
Dear Mr. Danahay,
Will you please explain to the voters in your area the reason you voted against HB 19. It is disheartening that our governor ran on a false platform of transparency and this bill was an attempt to give Louisiana citizens a democratic right to our public records.
Please explain why you think protecting our Governor’s secrets overrides the Public Records Law? It is no longer acceptable for our legislators to hide and protect this ridiculous deliberative process. This kind of action on your part is the very behaviors which will prevent any future political service. You speak loud and clear whom you stand behind and it’s not the constituents who elected you into office.
We shall patiently await your response unless you may want to go ahead and plead the fifth. That day may come when former DHH secretary Greenstein’s actions incriminate all who supported his questionable dealings. Wasn’t it shameful enough when you supported Greenstein’s decision to eliminate programs for kids with disabilities?
The voters don’t forget the really awful stuff legislators do and you sir have done enough damage.
Lee Khoury Robinson
Girly Men is apt, but falls short of defining the depths to which Tim Burns and pals sink when remunerated sufficiently. His campaign coffers may or may not be so fat this year. But, last year Mr. Burns received $29,500 to help Jindal destroy education and other public services. Gregory Miller received $17,500 and Stephen Pugh received $6000. Another girly word could be used for this committee’s members, a Vitter-esque word, a name for his partners in “sin”.
Any legislator with the jewels to stand up to the wacky fascist governor is immediately removed from committee, and certainly a chairmanship. That Burns chairs the Governmental Affairs Committee is testament to his status as Jindal’s stooge.
The first Jindal recall was not successful. But recalling Tim Burns would require approximately 10,000 votes. When representatives refuse to work for the public good and to redress great wrongs, our laws provide a remedy.