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Archive for April, 2016

LouisianaVoice unearths 5-year-old Foster Campbell letter blasting Nungesser for his lack of action on coastal erosion

Posted in Coastal Erosion, Corruption, Elections, Ethics, Governor's Office, House, Senate, Politicians, Public Records, Senate, State Agencies, TV News on April 28, 2016| 10 Comments »

I have been accused of “intellectual laziness” by one of our readers.

That comment came after I posted my last story about Billy Nungesser’s negating 18 writs of mandamus filed over his failure to take certain actions and to produce public documents requested by the Plaquemines Parish Council in 2010 during the time he served as Parish President. https://louisianavoice.com/2016/04/26/insight-into-nungesser-disregard-for-laws-revealed-in-his-blatant-disregard-for-public-records-demands-other-actions/

“Must be a slow news week,” said the writer, who identified himself only as “Who Cares.” He went on to say, “Reporting on topics six years old is intellectual laziness.”

Well, Who Cares, or whatever your real name is (probably a political ally or even Nungesser himself), it really wasn’t intellectual laziness, but an effort to let readers know the type individual who now holds the second-highest elective office in state government.

The point of that story was to illustrate the past may well be prologue (to borrow a phrase from Shakespeare’s The Tempest…or was it that 1967 episode of Ironside?), i.e. if he was capable of such abuse of office then, who’s to say he won’t attempt the same type shenanigans as lieutenant governor?

Oops, sorry. We almost forgot: he already has. https://louisianavoice.com/2016/04/12/louisiana-has-a-new-clown-prince-but-its-egg-not-a-pie-all-over-lt-gov-nungessers-face-after-succession-of-blunders/

So, Who Cares, there was a relevance to the post and if you thought that was old news, read on.

Precisely five years ago today (April 28, 2011) Public Service Commissioner Foster Campbell sent quite a testy letter to Nungesser who at the time was ramping up his first run for lieutenant governor barely six months after his October 2010 re-election as Parish President.

And lest anyone think our rehashing of Campbell’s five-year-old letter is an endorsement for his election to the U.S. Senate seat being vacated by David Vitter, it’s not. We have not and do not intend to make an endorsement in that race.

But Campbell took Nungesser to task for his political exploitation of the BP Deepwater Horizon explosion in the Gulf of Mexico and for his failure to take the lead in coastal restoration prior to that disaster.

Here is Campbell’s letter in its entirety:

            I received your letter on your thoughts of running for Lieutenant Governor. You wrote that you have been busy helping Plaquemines Parish and our state to recover from Hurricane Katrina and the BP oil spill. You described “struggles with federal bureaucrats” and your amazement that a foreign company (British Petroleum) would be put in charge of cleaning up the spill.

            You’ve concluded that you can do the most good for Louisiana by leading the effort to rebuild our image as Lieutenant Governor. You asked for my opinion, so here it is:

            I wrote to you and all Louisiana elected officials after watching you and Gov. Jindal on national television following the explosion of the Deepwater Horizon oil well. You and the governor were taking every media opportunity to express your anger at BP and the federal government.

            My question then, and now as well, was: Where have you been?

            You have been leader since 2007 of the parish that is Ground Zero for coastal erosion, and yet, I have heard not a word from you about the part played by other “foreign” and multinational oil companies in damaging Louisiana’s coast.

            Louisiana political leaders have known for years that oil and gas production has contributed heavily to the destruction of our marshes. It is also well-established that the force of Katrina which ravaged Plaquemines Parish and southeast Louisiana, was heightened by the loss of our barrier islands to erosion.

            The silence of you, Gov. Jindal and other elected officials from coastal Louisiana is deafening when it comes to asking major oil companies to pay for the damage they’ve caused. Your later father (William Nungesser), who (sic) I knew well, worked for the only statewide politician to make such a demand, Gov. Dave Treen. He was absolutely right.

            As destructive as it has been, the BP oil spill is minor compared to the devastation of coastal erosion which costs Louisiana a football field of land every hour. Maybe it is easier to go on CNN and rant about BP and a federal government perceived as unpopular in Louisiana than to stand up to powerful corporations doing harm to our coastline.

            I have written to you, Mr. Jindal, Mr. Vitter, Ms. (U.S. Sen. Mary) Landrieu, Mr. (U.S. Rep. Steve) Scalise, and others on this issue and I never get a reply. Maybe when you run for Lieutenant Governor, you can tell the rest of the story. I would welcome a frank discussion with you on Katrina, BP, coastal erosion and the oil industry. Let’s ask Tulane to host an event in New Orleans. Let’s determine who owes who (sic) for what. I look forward to your reply.

Sincerely,

Foster Campbell

Public Service Commissioner

 C: Louisiana Elected Officials

     Prof. Oliver Houck (Tulane University Law School)

No further comment seems necessary.

 

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At long last, the wait is over. My Bobby Jindal book has arrived at Pelican Publishers; should be in stores soon

Posted in Uncategorized on April 27, 2016| 3 Comments »

Let the word go forth. From the bayous in the south to the watermelon patches in the north, from Bourbon Street in New Orleans to Texas Street in Shreveport, from McNeese to Louisiana Tech, let the people know:

It’s been a long wait and there were several delays but at long last, my book Bobby Jindal: His Destiny and Obsession has arrived at the Pelican Publishing Co. warehouse in Gretna.

For those who may need reminding or who may not know, I wrote the book as a reminder of what the voters of this state must never be fooled into doing again: voting for a snake oil salesman like Bobby Jindal. His economic, higher education and healthcare policies have set this state back an entire generation and public education remains in a constant state of turmoil, thanks to his voucher and charter school policies.

And we didn’t even mention his campaign contributions and their links to lucrative state contracts. For that, you will have to read the book.

Pelican will be shipping out to bookstores and to those who pre-ordered through them in the next few days. One of those stores will be Cavalier House Books in Denham Springs where more than 60 copies have already been pre-ordered.

Upon arrival at Cavalier, the bookstore owner, John Cavalier, will summon me to his store where I will sign copies of all his pre-orders before he ships them out to the purchaser.

I also will be sending out my own copies to those who contributed the specified amounts in our October fund drive. If I remember my list correctly, there are about 20 of those who will be receiving free, signed copies.

If you are not on Cavalier’s or my list, and wish to have a signed copy, you may still order from Cavalier by clicking on the image of the book cover to the lower right of this post.

I want to express my deepest appreciation to those of you who participated in October to get your free copy (yes, like a good advertising shill, we still call a book in exchange for a couple hundred bucks donation to LouisianaVoice “free.”).

I also wish to thank each of you who donated for your patience during the delays in publication. The book was supposed to be out in January but got pushed back by unavoidable delays. You should all have your copy by this time next week.

[By the way: our fund drive is officially over, but you may still contribute by clicking on the yellow “DONATE” button to the upper right.]

Thanks again!

Tom Aswell

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Insight into Nungesser’s contempt for laws revealed in his blatant disregard for public records demands, other actions

Posted in Boards, Contract, Contracts, Corruption, Courts, Ethics, Finances, Fraud, Judges, Lawsuits, Politicians, Public Records, Transparency on April 26, 2016| 10 Comments »

How would a public official, say a parish president, manage to skirt the Louisiana public records laws and ignore votes of the parish council and get away with it?

Well, if you’re Plaquemines Parish President Billy Nungesser, and if you had 18 writs of mandamus pending against you for non-compliance, you would simply ride out the storm until your newly-elected, hand-picked council takes office and have a friendly council member move to rescind any pending adverse action.

That’s precisely what Nungesser did in late 2010. He blatantly ignored the law and waited out his adversaries. And it apparently worked.

No wonder he thought he could do an end run around Gov. John Bel Edwards by conspiring with State Republican Party Chairman Roger Villere in that completely embarrassing Iraqiscam-super tanker-proposal-to-cure-Louisiana-of-its-fiscal-problems that left him—and Villere—with a little something more disgusting than egg all over their faces.

With ample evidence of his contempt for the law prior to becoming lieutenant governor and his willing violation of protocol since becoming the second-highest elected official in the state, can there be any reasonable expectation of significant change in his conspiring makeup during the rest of what is almost certain to be a single term.

Probably not. He is what he is: an underhanded politician fully capable of any action, legal or otherwise, that will enhance the career and burnish the public image of William Harold “Billy” Nungesser.

He is Bobby Jindal without the charm. He is Chris Christie without the finesse. He is Scott Walker, Rick Scott, and Sam Brownback rolled into one, but without their compassion. In short, he is Billy Nungesser, yet another electoral accident visited upon unsuspecting—or uncaring—Louisiana voters, a man worthy of the scorn of Public Service Commissioner Foster Campbell before it was cool to be scornful of the man. But that’s a story for another day and it will have to wait.

Right now there is his record as Plaquemines Parish President—a job he won by a large majority, by the way—that begs closer examination as a clue into what we expect of him as lieutenant governor, a peek already provided by that ridiculous Iraqi oil tanker scam blunder.

Actually, Nungesser’s defiance of the parish council began way back on July 23, 2009, when the council voted to direct the council attorney to enforce a parish ordinance by “shutting down the operations of all unpermitted borrow pits located within the parish.” That was followed on Dec. 10, 2009, by a council resolution to authorize and direct the council attorney “to take any and all legal action, including but not limited to the filing for injunctive relief and/or mandamus” to obtain and examine “all transactions (including but not limited to any and all construction contracts, capital projects, professional contracts, cooperative endeavor agreements and intergovernmental agreements) entered into by and all expenditures incurred by the parish through the office of the Parish Presidents (or any of its departments or agencies) since January 1, 2007.”

Res 09-253 Mandamus-borrow pits, seal, parish decal

Res 09-533 any and all legal action by Council Attorney or Designee

A writ of mandamus is Latin for “we order” and is defined as a writ which “orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.” http://dictionary.law.com/Default.aspx?selected=1203

Each of the 16 subsequent similar actions by the council were taken in 2010 in the months leading up and immediately following the October 2, 2010, elections for parish council and parish president.

Seven of the 18 resolutions passed by the council were for the purpose of forcing Nungesser to comply with public records requests.

Besides the 2009 resolutions cited above, subsequent resolutions passed by the Plaquemines Parish Council during 2010 directing:

May 27—Nungesser to turn over copies of any “and all contracts, cooperative endeavor agreements or memos of understanding…from April 15, 2010, related to the effects of the Deep Water Horizon Incident, through the effective date of the resolution…” and a second calling for Nungesser to submit to the council copies of “any and all contracts, financial records, cooperative endeavor agreements or memos of understanding…from January 1, 2007 through the date of the resolution.

Res 10-199 All contracts etc from Pres since 4-15-10

Res 10-198 All contracts etc from Pres since 1-1-07

July 8—Nungesser to sign all revenue bonds approved by the council on Feb. 11, 2010, in the amount of $18 million. Res 10-251 Directing Pres to sign $18M bond documents or Mandamus filed

July 22—Nungesser to produce documents “previously requested by the…council Audit Committee and the parish council pursuant to” one of the May 27 resolutions “to compel him to produce any and all documents pertaining to all of the Federal Emergency Management Agency (FEMA) expenditures.

Res 10-273 Mandamus for records requests

August 12—The council’s legal department to initiate legal proceedings if necessary in order to obtain a copy of the agreement for council fiscal agent from June 1, 2008, through May 31, 2010 pursuant to the council’s first request for the document made on June 29, 2010. Res 10-294 Fiscal Agent PRR

October 28—The council’s legal department to initiate legal action to compel Nungesser “to enter into and execute a purchase agreement with two realty companies for six acres to be used for a recreation park, athletic fields, walking track and picnic area pursuant to the council’s approval of the purchase on June 26, 2008. Res 10-463 Resol mandamus to execute purchase agree with White Oak

November 11—The council’s legal department to initiate legal action to compel Nungesser “to assist with and finalize all plans for design and engineering as needed for the raising of an East Bank levee; the council’s legal department to initiate legal proceedings to compel Nungesser to honor a contract with a New Orleans law firm and to issue payment for services rendered by firm attorney Robert Barnett; the council’s legal department to take legal action to force Nungesser to transfer $3 million in funds to a parish levee project; Nungesser to provide “any and all documents, pleadings, emails, facsimiles, correspondence, letters, memorandums, interoffice documentation and intra-office documentation generated by Stephen Braud” as an attorney for the parish from Jan. 1, 2010, to date of the resolution.

Res 10-486 Mandmaus to assist with plans for raising EB levee

Res 10-485 Res No. 10-485 authorizing Mandamaus to pay Guste, Barnett

Res 10-482 mandamus transfer LRA EB Consolidated Complex Project to EB Non Fede

Res 10-481 Braud Pub Rec Request and mandamus

December 9—Nungesser to provide “any and all project worksheets, contracts, agreements, memoranda of understanding, etc., relative to FEMA funding executed by Nungesser” from Jan. 1, 2007, to the date of the resolution; Nungesser to provide a copy of “any and all professional services contracts” between the parish and All South Consulting Engineers from Jan. 1, 2007, to the date of the resolution; the parish legal counsel to initiate against Nungesser in order to force him to begin a resurfacing/striping project on LA. 15; the council legal department to initiate legal proceedings to compel Nungesser to remove “all movables” from the Ft. Jackson Port. Res 10-512 directing pres to submit all documents for FEMA funding from 1-1-07

Res 10-511 Mandamus directing pres to submit all contracts with AllSouth from 1-1-07

Res 10-514 Authorize Council legal dept to file mandamus to resurface hwy 15

Res 10-520 Ft Jackson Port MSRC Building-file Mandamus

December 31—Nungesser to enter into a contract with Deep South Associates; Nungesser to sign “any and all documents” with Fenstermaker & Associates for the engineering and the hiring of a surveyor to identify parish right of way and levee footprint for a levee lift in the parish.

Res 10-521 rober’t draft Deep South Associates

Res 10-524 Fenster Maker

Failure by Nungesser to comply with council actions regarding infrastructure work and contracts, provided such action was legal, could conceivably have been construed as malfeasance.

But the question of what is and what is not considered public record is clearly defined in L.S. 44:1 et seq. LOUISIANA PUBLIC RECORDS ACT

So what did Nungesser do?

Nothing, absolutely nothing—except perhaps to conspire with allies on the council to let the clock run until new members on the council would give him a majority to do as he pleased, including having the 18 resolutions rescinded.

And that’s precisely what happened.

Consider an email from Stuart Guey, Jr., a council member firmly entrenched in Nungesser’s camp. The email, written on April 8, 2011, was written to Assistant Parish Attorney Michael Mullin and copied to other council members, including Nungesser, said:

“I received a letter from (retired Baton Rouge State District Judge) Frank Foil regarding his appointment as ad hoc judge on the remaining Mandamus suits. It would be wonderful if the suits all can be resolved. I asked that resolutions be prepared for introduction to dismiss all writs but all Council members will have to know that the requested information has been compiled and where to view the information before it would be voted upon. I understand all the requested information may be on a disc that can be sent to everyone. If the information, in any format, is not provided to all Council members in a timely manner we will have to solicit legal counsel and proceed with the litigation. I hope this can be prevented. Please let me know what can be done.”

And, of course, once the resolutions to dismiss were put to a council vote, the writs conveniently went away.

Such is the type of ruthless control Nungesser exercised in Plaquemines Parish—somewhat reminiscent to the way old Leander Perez once reigned supreme in Plaquemines.

But such tactics aren’t going to fly in Baton Rouge.

LouisianaVoice currently has public records requests pending with Nungesser’s office and we aren’t going to wait much longer for a response. We requested—and received—his appointment calendar since taking office but we have yet to receive a response of any description on our requests for emails and other correspondence.

Nungesser may think that he’s omnipotent and that a little ol’ pissant writer out in Denham Springs doesn’t have a chance against the clout of the lieutenant governor’s and the Louisiana Attorney General’s offices, should the latter be called in to defend him.

But we have taken the state to court on three occasions over the non-production of public records and we will not hesitate to do so again. That’s because we have that one very important thing on our side: the Louisiana Constitution and we aren’t afraid to smack Nungesser upside the head with it.

And if we do, there won’t be a Plaquemines Parish Council to bail him out.

 

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Jindal hospital privatization plans just won’t go away; Baton Rouge attorney files appeal of Huey P. Long Hospital closure

Posted in Ethics, Fraud, Governor's Office, Health Care, Huey Long, Lawsuits, Layoffs, Legislature, Legislators, Privatization, Senate, Transparency on April 25, 2016| 12 Comments »

There’re few feelings worse than a hangover and when the hangover contains remnants of the eight-year drunjeb privatization binge of the Bobby Jindal administration, the pain is particularly excruciating. In this case, it’s the state hospital privatization fiasco that keeps on giving us the dry heaves.

It may not rank up there with the 50-page blank contract http://www.forward-now.com/2014/01/09/as-the-la-hospital-privatization-biomed-worms-turn/ but the less-than-transparent and most probably more than a little illegal closure of one hospital has prompted a Baton Rouge attorney to file an APPEAL with the First Circuit Court of Appeal in Baton Rouge. His appeal follows the State Civil Service Commission’s denial of his Civil Service appeal on behalf of eight employees who lost their jobs when the Huey P. Long Hospital in Pineville.

Arthur Smith III initially also represented Edwin Ray Parker, president of Council 17 of the American Federation of State, County and Municipal Employees (AFSCME), and Brad Ott, a public hospital patient from New Orleans. Upon being informed they had no standing in a civil service matter since they were not state employees, however, they requested that their claims be dismissed.

In all, some 200 employees lost their jobs when the Jindal administration shuttered the facility on June 30, 2014.

Ott and Parker initially sued the state as soon as the closure was approved, claiming legislators did not comply with the Louisiana State Constitution in authorizing Bobby Jindal to close the LSU-run hospital. A retired state judge sitting in for the presiding judge in the case, in a curious ruling noted that the Senate violated the open meetings law when the proposed legislation was heard by its Health and Welfare Committee and said the closure was unconstitutional—but nevertheless allowed the closure to go forward. http://www.nola.com/politics/index.ssf/2014/06/lsu_hospital_closure_ruled_unc.html

The open meetings law violation claim came into play when the Senate committee published a meeting notice two days before its hearing, with an agenda that did not include the hospital closure legislation. But on the afternoon prior to the meeting, a revised agenda was posted that included the legislation, a ploy most likely designed to blindside opponents of the closure by not giving them sufficient time to mount an organized opposition.

Judge Robert Downing said he made his ruling so that the matter would fast track a direct appeal to the State Supreme Court, which ultimately denied a stay order, thus allowing the closure. At the same time he sharply criticized Jindal for “turning down billions” of federal dollars through Medicaid Expansion—even as Jindal was (wink, wink) claiming the hospital closure would improve health care for the uninsured in the 16-parish area served by the hospital.

Smith filed his appeal with the First Circuit following the Civil Service Commission’s seven-page DENIAL of his civil service appeal issued on April 6.

State Civil Service Director Shannon Templet was quoted in the commission’s decision as saying a “lack of funds” was the reason for the layoff. That, of course, played directly into Jindal’s hands as he had been systematically starving health care for the indigent since long before he became governor—as Secretary of the Department of Health and Hospitals under former Gov. Mike Foster.

In his appeal, Smith argues that the Civil Service Commission erred in approving the cooperative endeavor agreement (CEA) pertaining to the medical center by failing to comply with the rules set forth by the Louisiana Supreme Court in Civil Service Commission v. City of New Orleans. http://caselaw.findlaw.com/la-supreme-court/1274405.html

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LouisianaVoice April fund drive enters its final two days

Posted in Uncategorized on April 21, 2016| 4 Comments »

We’re heading into the final two days of our April fund drive. Friday and Saturday are the last days of this month’s efforts to raise money to finance research, travel and court costs.

We’re still a little short of our goal and we need your help in our final push so that we can continue to write provocative stories about what our elected and appointed officials are doing that affects all our lives.

Remember, everything they do, they do it with taxpayer dollars—our dollars. It is imperative that we keep tabs on how our money is being spent. Are our hard-earned taxes being used efficiently to get the most bang for the buck to benefit the citizens of Louisiana? Or are they being used to benefit those who we have elected or appointed?

Are our representatives representing us or the corporations, special interests and lobbyists who pour money into political campaigns in order to buy elections and own politicians?

That’s what we do at LouisianaVoice. We have never taken a campaign contribution and we’ve never had a meal courtesy of a lobbyist. In short, we don’t sell out to the highest bidder. By extension, we are your voice in Baton Rouge—an independent voice that will give you the unvarnished truth about our elected officials.

Please help us in that endeavor by clicking on the yellow “DONATE” button to the right or mail your contributions to:

LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727

Thank you for five great years! Let’s go for five more.

 

 

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