LouisianaVoice has obtained a copy of Secretary of State Tom Schedler’s letter to Susan West, CEO of the Louisiana Office of Group Benefits (OGB) in which he threatened to initiate legal action to prevent the destruction of documents by OGB.
OGB, meanwhile, says it has “ceased destruction” of all records subsequent to the Sept. 3 receipt of Schedler’s letter.
Schedler took the action after he learned that some original claim records “may have been destroyed” by OGB without following proper established procedures for doing so.
LouisianaVoice has learned that Liz Murrill, formerly the executive counsel for the Division of Administration which has jurisdiction over OGB, was terminated after she refused to sign off on the order for the records destruction.
Schedler’s letter of Oct. 17 also accused OGB of failing to provide a status and location of original claim records subject to his request of Sept. 30. He said the agency was required to provide a written response by Oct. 6, but failed to do so.
That would be consistent with DOA’s practice of delay, delay, delay and sometimes deny in response to requests for public records. LouisianaVoice has made frequent requests for records only to see compliance by DOA occur at a snail’s pace, if at all. The standard response to such requests is that DOA is searching for the records and will review them for “exemptions and privileges.” Here is a typical response to one of our requests—made on Sept. 30, 2014:
From: DOAPUBLICRECORDS [mailto:DOAPUBLICRECORDS] Sent: Tuesday, October 28, 2014 11:36 AM To: ‘azspeak@cox.net’ Subject: Public Records Request re OGB
Pursuant to your public records request, we are still searching for records and/or reviewing them for exemptions and privileges. Once finished with the review process, all non-exempt records will be made available to you.
That’s a full month, as of today, and still no records.
“The Office of Group Benefits operates under a binding retention schedule that requires all health claims to be kept for the life of the agency and to be imaged upon arrival,” Schedler’s letter says. “The schedule also provides that, after three years, original claim records may be microfilmed and shredded—but the records may only be shredded after receiving written approval from Carrie Fager Martin, the Records Management Officer Statewide.
Schedler said he “has reason to believe” that some records may have been destroyed “without prior approval and in direct violation” of Louisiana statutes and OGB’s own retention schedule. “When actual, impending, or threatened destruction of records comes to the attention of the Secretary of State’s Office, I am bound by law to initiate action through the attorney general to protect or recover the affected records, or to pursue any other redress provided by law,” he wrote.
“Please be advised that your failure to respond to my Sept. 30 inquiry on the status of original claim records now requires me to inform the attorney general of their potential destruction and (to) initiate action through his office to protect any records that may have been destroyed in violation of OGB’s retention schedule.”
Bill Guerra, Interim Chief Operating Officer for OGB, responded to Schedler’s letter, also on Oct. 17, saying, “We are in compliance with your request. We have ceased destruction of original claims records effective upon the Sept. 3 receipt of your Aug. 28 correspondence.
Guerra said and further questions should be directed to either him or West.
Click here to see both letters:
Louisiana Voice 
That despicable, vile little man. I wonder who it was that pulled the trigger on Liz Murrill? Some of these folks who have been axed by the gov. or his minions need to start talking about what has gone on with this administration.
Bet we see interviews with some of those “Teagued” folks in Tom’s upcoming book. Today’s true believer minions will be tomorrow’s pissed off canaries just ready and waiting to sing.
earthmother I would so love to see that!
Since the state attorney general won’t do his job, surely at some point the feds will have to step in. Surely?
It’s past time for the feds to step in, June Butler. I hope and pray they will…and soon!
Unless it affect seniors the feds will not step in; call it States rights
I definitely stand corrected on the timeline and circumstance of confirmation testimony entailing Mr. Greenstein. I’m putting in WAY too many hours a day right now, but that’s no excuse for such a lapse! Nevertheless, I VERY much distrust Attorney General Buddy Caldwell as well as many in his staff to include: David Caldwell, Kurt Wall (Head of Criminal Division), Rick McGimsey (Head of Civil Division), Michael Vallan (Assistant Attorney General), and Lindsey Hunter (Assistant Attorney General). For reasons I can illustrate in detail, either these folk are sorely lacking in ability (and I’m being kind) or they are complicit in aiding and abetting blocking transparency of public agencies and especially Louisiana’s open meetings laws (which the Attorney General’s office is supposed to enforce!). Accordingly, I’m not shocked at all in reading about Caldwell’s stand on this particular matter, and I commend the strong language Tom used in voicing his displeasure over Caldwell’s stance (if true).
Getting back to the Greenstein matter, I find it VERY, VERY revealing that Judge Kelley (judge for the CNSI civil trial) is not only dignifying an allegation of witness tampering by Scott Bailey of the Attorney General’s Office, he’s perplexed about how the CNSI informant, Steve Smith, changed his testimony from “green to red” (quoting Kelley). If anyone wants to reference an article on it, here it is:
http://www.nola.com/crime/baton-rouge/index.ssf/2014/10/cnsi_lawyer_to_question_state.html
My question is, if these allegations have merit (and I suspect they do), is Caldwell’s office going to prosecute Bailey for witness tampering and Smith for perjury? After all, if it’s applicable for Greenstein, shouldn’t it be applicable for Smith (goose vs. gander)?
I know I’m going to take some flak from some Louisiana Voice readers for the sentence I’m about to type, but it’s my true feelings. There’s one elected official whom I trust even less than Bobby Jindal: Buddy Caldwell! What’s galling to me is that at least Bobby Jindal has an excuse. His office is not that of a law enforcement agency. Caldwell’s office is, and in my humble opinion, Buddy Caldwell is doing a horrendously bad job at exposing public corruption. Further, I feel he is the worst Attorney General to serve in Louisiana in my 51-year lifetime. Accordingly, in the 2015 election, put me down in the ABC (anybody but Caldwell) camp.
Again, I offer no excuse for my lapse on timeframe and substance of confirmation hearing (and appreciate Tom correcting me), but I also don’t back down one iota in my distrust and lack of confidence and faith in AG Buddy Caldwell and his staff.