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
Louisiana Voice 
Thank God for Attorney J. Arthur Smith III. He is the rare crusader willing to take up the sword to combat latter-day disciples of Machiavelli.
Earthmother you are so correct about J. Arthur. I believe in him for my own reasons.
When is Swindel going to jail for malfeasance in office? THAT’S the million dollar question. Grrrr…..
I agree with earthmother. Jindal’s privatization schemes have destroyed Civil Service and made it gleefully a form of micro-aggression against state employees thus totally ignoring the protection guaranteed under our Constitution. Please, sick of it all, don’t give up, that is exactly what the repugnant republicans want. ron thompson
Please don’t lump all republicans together. It’s an oversimplification and disingenuous. I think Jindal sucked as governor. I believe that free markets allow better quality, service , and prices. Jindal operated as a crony-capitalist, rewarding his friends and punishing his enemies. He achieved NONE of those objectives. It’s no different than the way Hillary operated at the state department. The party of Hillary, Jeb, and Jindal is the same party. Contrast that with how Jeff Landry and JBE are now treating corruption in the state. You may not agree with everything they are doing, but it better be pretty damn obvious that the days of public corruption are over.
“The party of Hillary, Jeb, and Jindal is the same party.” Sadly, I agree and therein is the real tragedy.
And then there is the cost of living adjustment for state retirees that was passed by the House. Why is it that Public School Workers and State Police retirees are scheduled to receive a 2% increase in retirement benefits when School Teachers and State Workers are scheduled to receive a 1.5% increase?
Why isn’t the State Retirement Board or Advocate questioning this disparity?
Patrick – the amount is dependent on how much each system has accumulated in their system side accounts created to collect excess investment earnings to pay for COLAs and how many members these systems have. The Leg. can’t pass a bill that grants a COLA that will cost more than the systems have sitting in those accounts. While Teachers and LASERS have more money accumulated, they also have more members that it has to be spread amongst – hence the .5% lower COLA for those 2 groups. It’s all according to existing statute, and lawfully done. All of the retirement boards for all 4 groups support these COLA bills.
Shannon Templett has always been under Jindal’s wings…
Fairness, what happens when services taken over becomes thr only game in town. Corps have to show enough profit to please their shareholders and attract new shareholders. Given the unabashed greed of the corps the last forty years, do u really believe they’ll have the welfare of the public or the of the welfare corp and shareholders front and center when it comes service and pricing. I definitely don,tj
Jerry, you are right. Take the privately run prisons for example. We should be in the business of reducing the prison population. But, that’s not the business there in. More occupied cells, more profit.
Everbody has a day and his day is soon to come thanks to Attorney J.Authur Smith. Jindal Swindel I hope u ready to catch the ball you drop.