Did the Jindal administration get the cart ahead of the horse when it announced the layoff of more than 100 state employees at a state hospital in central Louisiana?
As if Gov. Bobby Jindal did not have enough on his plate with his attempts to gain approval form the Center for Medicare & Medicaid Services (CMS) for his hospital privatization plan, now the battle over the closure of one hospital has moved into the courts.
Brad Ott of New Orleans and Ed Parker of East Feliciana Parish have named the Louisiana State Senate, the State of Louisiana and the LSU Board of Supervisors in their lawsuit filed in 19th Judicial Court in Baton Rouge.
Their petition claims that the Senate Committee on Health and Welfare violated the state’s open meetings law in approving the closure of Huey P. Long Medical Center in Pineville.
Moreover, the petition says that while more than 100 classified employees are due to receive layoff notices effective June 30, the State Civil Service Commission is not scheduled to consider the LSU layoff plan until early July.
Wait. What?
Did the LSU Board of Stuporvisors really notify 100-plus employees that they no longer had jobs—before getting formal approval of the layoff plan from Civil Service?
Surely not.
The Rules of Order of the Senate, Rule 13.73, entitled “Notice of committee meetings during session,” provides in part: “Such notices shall be posted for each meeting as soon as practicable, but not later than 1 p.m. of the day preceding the meeting day.”
Rule 13.75, entitled “Meetings prohibited without notice,” provides in part: “No meeting of a committee, regularly scheduled or otherwise, shall be held unless there is full compliance with the requirements of Louisiana Senate Rule 13.73…”
The lawsuit says the notice for the April 2, 2014, meeting of the Senate Committee on Health and Welfare was revised on April 1 at 4:04 p.m. to add the consideration of SCR 48 by Sen. Gerald Long (R-Natchitoches).
SCR 48 was the Senate Concurrent Resolution that called for the closure of Huey P. Long. The resolution passed in the House Health and Welfare Committee by a 10-8 vote after nearly three hours of debate. By contrast, the Senate Health and Welfare Committee took only 10 minutes for unanimous passage.
Both petitioners say they had planned to testify in opposition to the resolution before the committee but that they were not notified that the committee would be taking up SCR 48 on April 2 because of the last minute revision to the notice of the meeting. “Consequently, both of the petitioners were effectively prevented from observing the deliberations…and expressing their concerns,” the petition said.
Wait. What?
Would a Louisiana Senate committee really do an end run around opponents to a controversial resolution in violation of the open meetings law in order to slip the resolution through?
Surely not.
But with the administration desperate to ram its hospital privatization through despite questionable funding methods, anything is possible. Jindal, in fact, has clearly demonstrated that he will go to any length to move his agenda along.
Plaintiffs’ attorneys J. Arthur Smith and Adrienne Rachel are seeking a declaratory judgment and injunctive relief subject to the state’s open meetings law, an injunction prohibiting the state from implementing provision of SCR 48, monetary damages for violations of the state’s open meetings law, and attorney’s fees.
Smith is a relative newcomer in litigation against the state but he has sent out notice that the old ways of doing business may be changing. He has already won one battle with the Department of Education over the department’s reluctance to comply with the state’s public records laws and currently has other suits pending against the Department of Agriculture and the Office of Alcohol and Tobacco Control.
Louisiana Voice 
I wish Mr. Smith more victories in his pursuit of legal government. Doesn’t one win tie him with Faircloth in his expensive (in our dollars) pursuit of Jindal’s many lamebrained schemes?
No, I believe he may be one up on Mr. Faircloth.
Putting the cart before the horse is a clear policy of this administration.
I totally disagree – with this administration, the jackass is always out front…
This Boondoggle is typical of the work of the Jindal Administration, the Jindal-Friendly Legislative Leaders and the Jindal-Appointed LSU Board of Supervisors. They don’t believe the “Rules” apply to them and in most cases, they are correct!
Tom, do you think the resignation of John George from the LSU Board of Supervisors is part of a well thought out plan that allows John to skirt Ethics Laws that were meant to prevent Board Members from taking paid positions supervised by the LSU Board before the 2 year waiting period? John has previously refused compensation for his position as CEO of the Shreveport Biomedical Foundation, but I have to wonder if that is about to change. If this is the case, then the man has no integrity and the same would go for the Board Members of the Biomedical Foundation if they decide to begin paying John before the prescribed 2 year waiting period.
Absolutely! There’s no doubt in my mind that this was the intent all along.
[…] Read the rest of the Louisiana Voice commentary HERE. […]
Magnificent assessment Tom. Just one clarification: SCR 48 resolution passed the Louisiana HOUSE Health and Welfare Committee by a 10-8 vote after almost three hours of debate. As for the State SENATE Health Welfare Committee (the lead subject of our legal petition along with the LSU BOS and the State), SCR 48 was heard preceding the House action and favorably passed that committee unanimously. Indeed, just ten minutes of discussion had elapsed before the Senate committee vote (the latter determined by review of Senate Health and Welfare Committee Broadcast Archives, where interested persons can also view the committee revised agenda for their April 2 meeting).
K. Brad Ott
There may have been another agenda, who was in charge of health care reform / Jindal’s office?