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Archive for November, 2013

From time to time at LouisianaVoice, someone will ask us how we get the information we use for our stories.

The answer is quite simple, really.

Instead of listening to what elected officials, political appointees and attorneys are saying, we listen to what they’re not saying.

And then we find out where the appropriate public records are and we go get them, sometimes finding it necessary to take legal action to obtain what rightfully belongs to the citizens of Louisiana. Our driving obsession is that public records are not the exclusive domain of whomever happens to be holding office at any given time.

The public’s right to know should be uppermost in any government—unless that government or a particular politician or bureaucrat has something to hide and we feel that having something to hide is the only reason for not releasing public records, deliberative process be damned.

And so, we choose to ask one more question. We know the politicians, bureaucrats and lawyers are going to put the best possible spin on any issue, so we must ask one more question and if we’re not satisfied with the answer, there are always the public records.

That’s the beautiful thing about a democracy; there’s always a paper trail when the politicians and their lawyers quit talking—or when they talk and we hear what they don’t say loud and clear.

And so it was when Baton Rouge attorney Mary Olive Pierson fired off that six-page letter to State Treasurer John Kennedy in which she chose to attack Kennedy for his political aspirations as much as to defend her client, State Sen. Yvonne Dorsey (D-Baton Rouge), that we listened.

Dorsey, in 2007, pushed through the legislature a $300,000 appropriation for the Colomb Foundation in Lafayette which Kennedy in July of this year listed as one of three dozen non-government organizations (NGOs) that owed the state some $4.5 million for non-compliance in reporting on how their grant money was spent.

The Colomb Foundation received its funding to design and build a community center in Lafayette Parish.

The Colomb Foundation is run by Sterling Colomb who is married to Sen. Dorsey.

Pierson, however, went for Kennedy’s jugular when she dropped her bombshell in her letter: Dorsey and Colomb were not married until 2010, three years after the issuance of the grant, she said.

It was one of those “aha” moments that attorneys love. A “gotcha,” as it were, the implication being that there could be no conflict if Dorsey was not married to Colomb at the time.

Advantage, Dorsey.

But wait.

There was something in Pierson’s declaration about their marriage date that was not said—like how long had they known each other or how long had they been in a relationship? Could Dorsey have used her position to funnel $300,000 in state funds to her future husband?

We listened but all we could hear was crickets chirping. So, we embarked on a little paper chase that took only a few minutes and a couple of clicks of a computer mouse. And what do you suppose we found?

On Jan. 5, 2007, one Sterling Colomb contributed $1,000 to the campaign of Sen. Yvonne Dorsey, according to records obtained from the Louisiana Ethics Commission. And while the $300,000 grant to the Colomb Foundation was indeed approved three years before their marriage, the campaign contribution from her future husband came approximately four months before the opening of the 2007 legislative session during which the grant to his foundation was approved—a little more than three years prior to their marriage.

Aha.

Your move, counsellor.

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Gov. Bobby Jindal has this cool web page on which he is conscientious about posting the latest updates about all the wonderful things going on in Louisiana, thanks in large part to his diligent work on behalf of the state.

The web page, of course, has the requisite “donate” button on which to click to make contributions—ostensibly for his long-anticipated presidential campaign since his last run for governor was more than two years ago and he’s term limited from running again.

The web page is paid for by Friends of Bobby Jindal, Inc., AKA the Committee to Re-Elect Bobby Jindal, Inc. Records filed with the Secretary of State indicate the agent for the organization is David Woolridge of the law firm Roedel, Parsons, Koch, Blanche, Balhoff, and McCollister. Officers include Alexandra “Allee” Bautsch, finance director (also Jindal’s campaign finance director), deputy finance director Erin Riecke, and Melvin Kendal.

Strangely enough, even though Friends of Bobby Jindal solicits contributions through the web page, there apparently have been no campaign finance reports filed with the Louisiana Ethics Commissions. All contributions and expenditures are listed in Jindal’s name individually and not in Friends of Bobby Jindal or the Committee to Re-Elect Bobby Jindal.

You can check out his page right here  http://www.bobbyjindal.com/ to see glowing reports on the following projects:

  • The South African energy company Sasol’s integrated gas-to-liquids and chemicals project n Louisiana was named Foreign Direct Investment Deal of the Year (no mention of how many jobs that would actually produce for the state).
  • Industrial Valve Production Co. Cortec will build a new distribution facility in Louisiana which will create a whopping 70 jobs.
  • A New York Post editorial has praised Jindal for his efforts to crack down on abuse in the state’s food stamp program (abuse, by the way, which pales in comparisons to the costs of that CNSI contract with the Department of Health and Hospitals, corporate tax breaks and legislators recently exposed for using campaign funds to pay for private vehicles, auto insurance, and LSU football tickets).

And while we certainly appreciate his dedication to keeping us informed, we can’t help but notice that he missed a couple of recent developments. And because we’re here to help, we are more than happy to fill in the blanks so that you, the reader, may remain informed about our state.

  • Speaking of CNSI, writer Michael Volpe penned an interesting story on Friday, Nov. 22 when he wrote that CNSI, one of the subcontractors working on the Obamacare website, is currently under investigation by the FBI in Louisiana and is currently embroiled in legal disputes over services provided to the states of South Dakota, Illinois and Michigan. Jindal’s former DHH Secretary Bruce Greenstein was formerly employed by CNSI and it has been revealed that he was in constant contact with company officials in the days leading up to its selection for the $800 million contract. http://dailycaller.com/2013/11/22/subcontractor-working-on-obamacare-site-under-fbi-investigation/
  • While Mississippi was chosen as assembly sites for Airbus Aircraft and Nissan and Toyota, Mercedes-Benz and Hyundai have built assembly plants in Alabama, the five facilities employing thousands (compared to 70 for Industrial Valve Production Co. Cortec), GM closed its Shreveport truck assembly plant.
  • For anyone who has ever wondered what the job of the Louisiana Attorney General is, consider this: the Evangeline Parish Police Jury, obviously with little to do about road maintenance in Evangeline, has asked the AG’s office for a legal opinion as to whether or not a rooster is a chicken (brings to mind the story about the child asking his mother if chickens are born. “No, chickens are hatched from an egg,” his mother said. “Was I hatched from an egg?” “No, you were born.” “Are eggs born?” “No, eggs are laid.” “Are people laid?” “Some are; others are chicken.”). State law, it seems, prohibits staging fights between “any bird which is of the species Gallus gallus. Proponents of cockfighting maintain their birds are of a species other than Gallus gallus and the AG has been asked to weigh in on the matter. (Sigh.).
  • That sink hole in Assumption Parish continues to expand with no indication from the fourth floor of the State Capitol that there is any concern on the part of the governor for the plight of all those displaced residents.
  • Our friend Don Whittinghill, who provided us the information on the auto assembly plants in Mississippi and Alabama, also provided another interest tidbit missing from Jindal’s web page: Last year, 91,215 people moved to Louisiana while 95,958 left for greener pastures—a net loss of 4,741 people. This could be related to Louisiana’s construction job growth of 8.3 percent compared to a 19.1 percent gain by Mississippi.
  • Louisiana is ranked as the seventh-worst governed state in the nation, according to the financial news site 24/7 Wall Street. The survey’s results are based on financial data, services provided by the state and residents’ standard of living. The state’s budget deficit of 25.1 percent was the fourth largest in the nation, ranking behind (in order) New Jersey (37.5 percent), Nevada (37 percent), and California (27.8 percent). The national average budget gap was 15.5 percent. The percentage of citizens living below the poverty line (19.9 percent) was third highest, surpassed only by Mississippi (24.2 percent) and New Mexico (20.8 percent), and the state’s median household income of $42,944 was eighth lowest in the nation. Moreover, nearly 500 violent crimes per 100,000 residents in 2012 made Louisiana one of the most dangerous states in which to live.

So, Governor, we know you are a busy man, flitting all over the country to appear on CNN and Faux News, writing all those provocative op-eds in the Washington Post about how all the other Republicans (except you, of course) are a bunch of children whose hand you feel compelled to hold while leading them out of the wilderness and into the Promised Land.

We know you have all you can do in your efforts to climb from the bottom of the pile of potential GOP presidential contenders and that your sending Timmy Teepell to help get Neil Riser elected to Congress kind of blew up in your face—like that governor’s race in Virginia.

So, we want you to know, we’ve got your back.

We promise to keep a dutiful watch on your web blog and when we discover an omission in your superb coverage of all that’s good and wonderful in this state, we’ll be sure and jump in and fill the gap.

That’s the least we can do.

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The heretofore one-person debate over state funding of non-governmental organizations (NGOs) has been ramped up a notch with Baton Rouge attorney Mary Olive Pierson’s six-page letter to State Treasurer John Kennedy that challenged Kennedy’s contentions that the Colomb Foundation owes a refund in lieu of an additional accounting of how it spent a $300,000 grant awarded the foundation in 2007.

The Colomb Foundation in Lafayette, run by Sterling Colomb, received its “public purpose” grant to “design and build a much needed community center that will house social services activities and programs that will be directed toward improving the quality of life through advocacy in crime prevention, distribution of health information and in an effort to decrease mortality rates among the at-risk population, and enhancing youth education through reading,” Pierson quoted from the foundation’s grant application.

Colomb is the husband of State Sen. Yvonne Dorsey (D-Baton rouge) but Pierson noted the two were not married until 2010, three years after the issuance of the grant.

The Colomb Foundation is one of three dozen NGOs that Kennedy said in July owed the state more than $4.5 million because of non-compliance in reporting how grant money is spent.

Several of the recipient NGOs no longer exist and the whereabouts of many of the NGO officers and representatives are unknown.

The state Capital Outlay Bill (Act 24) is peppered with local NGO projects that consume tens of millions of dollars of state taxpayer funds at a time when the state faces repeated annual budgetary shortfalls and while the number and amounts of NGO funding projects has diminished, their presence is still felt. http://www.legis.la.gov/legis/ViewDocument.aspx?d=858547&n=HB2 Act

Included in this year’s construction spending bill were such items as:

  • $200,000 for a sports complex in Princeton in Bossier Parish;
  • $500,000 for a water system in Bienville Parish;
  • $245,000 for planning and construction of a community and recreational center in Ascension Parish;
  • $380,000 for the purchase of the Lamar Dixon Development in Ascension Parish;
  • $450,000 for planning and construction of a multipurpose community center in Avoyelles Parish;
  • $300,000 for an airport industrial park in De Soto Parish;
  • $1 million for development of an industrial site in East Carroll Parish;
  • $500,000 for a new industrial facility in Evangeline Parish;
  • $1.3 million for an activity center in Franklin Parish;
  • $185,000 in first year expenditures for a recreational complex in Iberia Parish;
  • $3 million for a new hospital in Iberville Parish;
  • $2 million for a community center in Iberville Parish;
  • $300,000 for street lighting and security upgrades for the Jefferson Parish Housing Authority;
  • $5.2 million for recreation and achievement center in Jefferson Parish;
  • $3.5 million for construction of Parc des Familles in Jefferson Parish;
  • $735,000 for the Woodmere Community Center in Jefferson Parish;
  • $400,000 for the Avondale Booster Club and Playground upgrades in Jefferson Parish;
  • $17 million for a new hospital in St. Bernard Parish;
  • $220,000 for civic center planning and construction in St. Martin Parish;
  • $300,000 for recreational improvements at Kemper Williams Park in St. Mary Parish;
  • $125,000 for the St. Mary Parish Tourist Commission;
  • $980,000 for a community health center and livestock facility addition in St. Tammany Parish;
  • $400,000 for a multipurpose livestock and agricultural facility in Tangipahoa Parish;
  • $180,000 for a recreation complex in Vernon Parish;
  • $180,000 for improvements to rodeo arena in Vernon Parish;

Also funded were various local court houses, jails, water and sewer systems, local airports, fire districts, parish road improvements, councils on aging, and municipal projects too numerous to list here.

For a list of 2013 NGO funding requests, go here: http://www.legis.la.gov/legis/NGO/NgoSearch.aspx

A spokesperson for Sen. Dorsey has contended all along that the organization is in compliance but Pierson’s letter of Wednesday, Nov. 20, was the first time that an attorney has weighed in on the issue.

An addition to her letter which she said she was sending to news outlets (LouisianaVoice was not among those to whom she sent copies of her letter—and yes, we feel slighted—although she did include a couple of long-retired reporters in her list of 24 media contacts) “because of all the fanfare you (Kennedy) have caused and the press coverage you demanded through your press releases, Pierson attached 10 exhibits—just like a lawyer in a real trial—which contained another 61 pages of receipts, emails and letters.

Among the exhibits were receipts from retail outlets for supplies, emails from the Legislative Auditor’s office indicating that office had found no irregularities, and even emails and letters from Kennedy’s office indicating its satisfaction with documents provided by the foundation.

“I suspect that the compliance by the foundation does not fit into your apparent political agenda for re-election or, even better, a campaign for governor,” Pierson wrote.

“On behalf of the Colomb Foundation, I demand it be deemed in compliance and that this matter be closed…and a letter be sent to Mr. Colomb ‘notifying him of the closure,’” her letter said.

“Failing the closure of the matter by your office on or before noon on Dec. 2, 2013, I have advised Mr. Colomb and the Foundation that a suit for mandamus may be filed, directed to you to compel you to perform the only remaining ministerial duty of closing the file because there is no further accounting to be done for any legitimate purpose,” she said.

And of course, her letter contained the requisite threat to sue for damages: “In addition, your prior actions, performed under the color of state law, have caused substantial damage to the Foundation and Mr. Colomb, if the matter cannot be amicably resolved by that date a claim for said damages will also be filed.”

kennedy letter

kennedy letter EXHIBITS

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When it comes to submitting and verifying employee travel expense claims, it appears that the Recovery School District (RSD), in keeping with past performances as reflected in several state audits, is somewhat sloppy in approving what appear to be questionable travel expense reports by RSD employees.

Three unclassified RSD employees submitted itemized expense reports for travel in their personal vehicles covering a single month for one of the employees and multiple months for the remaining two. Though the reports covered at least five days of travel, each report summary sheet appeared to have been completed on a single day.

Even more curious was the uniformity in the case of each traveler’s giving the departure and return times for each trip.

James Delano Ford, Deputy Superintendent for the RSD and who is paid $145,000 per year, listed nine separate trips during April and May of this year. Seven of those trips were from New Orleans to Baton Rouge and one was from New Orleans to Claiborne Parish and the other from New Orleans to Caddo Parish. The latter two trips would involve round trip distances in excess of 600 miles but for all nine trips, Ford listed his departure time on his trip summary sheet as 6 a.m. and his arrival time back in New Orleans as 3 p.m. the same day.

On the individual travel expense statement form, however, he listed his departure time as 6 a.m. and his return time as 6:01 a.m. for each trip.

His trips to Baton Rouge were listed as having been taken on April 11, 16, 18, and 25 and on May 6, 9, and 13. The trip to Caddo Parish was given as April 26 and to Claiborne on April 29.

Tracy Guillory, RSD Executive Director of Achievement at $115,000 per year, claimed only five trips, all for the month of June. Three were to St. Helena Parish on June 11, 18 and 26, and two were to Shreveport on June 7 and 21. The two to Shreveport were to Lanier Academy, the same school visited by Ford in April.

His five individual travel expense statement forms each listed his time of departure as 6 a.m. and his return to New Orleans as 12 noon and his trip summary sheet listed the same departure and return times for the Shreveport trips, two of the St. Helena trips gave departure times as 6:30 a.m. and return times as 8:15 a.m. while the third gave a 6:45 a.m. departure time and a return time of 8:30 a.m.

Dana Peterson, Deputy Superintendent of External Affairs at $125,000 per year, was the busiest traveler, racking up 23 trips from Feb. 19 through June 8.

He is the husband of State Sen. Karen Carter Peterson (D-N.O.) who also is the State Democratic Party Chairperson.

His report included trips to St. Landry on Feb. 19 and March 18 and 21; Pointe Coupee on May 8 and 16, St. Helena on May 9 and Baton Rouge on March 22 and 25, April 1, 5, 9, 12, 16, 17, 18, 24, 25, and 29, May 1, 2, 20, and 21 and June 8.

June 8 was a Saturday.

And while he never bothered to list a departure and arrival time on his trip summary sheet, he, like the other two, was consistent in listing his departure times on each trip as 6 a.m. and his return time as 12 noon.

Eight of Ford’s nine individual trip reports were each computer dated May 21, 2013 with the lone exception being the May 2 date on his Claiborne Parish trip report. One of Tracy Guillory’s individual trip reports was dated July 22 and the other four July 24 while 22 of Peterson’s individual trip reports were stamped July 11. There was no individual trip report for the June 8 trip.

In each individual’s case, RSD Superintendent Patrick Dobard, whose $225,000 salary is second only to Superintendent of Education John White’s $275,000, by his signature, certified that the expense accounts were “just and true,” and each of the travel expense reports was audited by Administrative Business Official Shaundra D. Moore—on May 30 for Ford, July 11 for Peterson and July 29 for Guillory.

State regulations require that whenever a state vehicle is not available, “a rental vehicle should be used…for all travel over 99 miles.” The state’s contract for rental cars is with Enterprise Car Rentals and in an apparent effort to discourage the use of private vehicles, regulations stipulate that for trips of 100 miles or more in a private vehicle, “the traveler will reimbursed for mileage on the basis of 51 cents per mile only, not to exceed a maximum of 99 miles per round trip and/or day.”

Each of the 37 trips made by the three exceeded 100 miles and each charged for the maximum of 99 miles.

Guillory also made nine other trips in September but used a state vehicle for those trips.

With such lax procedures as allowing reports for several months to be compiled and submitted on a single day and with no real oversight in place (each of the travelers was in a senior management position with little or no real supervision), it would seem a simple matter to pad travel expense reports to make up for the 99-mile restriction—especially given the fact that some of these trips exceeded 600 miles round trip.

Why else, considering the cost of fuel these days, would an employee agree to use his or her own vehicle at a reimbursement rate of less than 20 percent of the mileage traveled on those trips to Caddo and Claiborne parishes? It simply does not make sense to do that unless…

And the uniformity of the departure and return times on each of the reports certainly raises additional questions as to their validity. There’s no way to possibly make a trip from New Orleans to Shreveport and back to New Orleans in six hours.

It’s a system that invites abuse.

We’re just sayin’…

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“By filing this suit against nearly 100 companies, the SLFPA-E (Southeast Louisiana Flood Protection Authority-East) has effectively taken on the role of the governor, the attorney general, the Department of Natural Resources and the CPRA (Coastal Protection and Restoration Authority) in determining the state’s policy on coastal issues.”

—Gov Bobby Jindal, in a news release issued the same day that SLFPA-E filed its lawsuit against 97 oil companies for damages to the state’s coastal area.

“What we’re doing is simple: We want to save Louisiana, at least part of it.”

—John Barry, former SLFPA-E Chairman, before being fired by Jindal.

“Dave Treen, a Republican, is the only Louisiana politician to take on Big Oil with his attempt to pass CWEL (Coastal Wetland Environmental Levy) and he was beaten on that.”

—Louisiana Public Service Commission member Foster Campbell (D-Elm Grove).

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