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Archive for May, 2016

Baton Rouge attorney Jimmy Napper, originally from my old stomping grounds up in Lincoln Parish, has written an open letter to members of the Louisiana Legislature. His letter, in italics, is followed by some financial figures I obtained through public records requests.

Please, please, Legislators!

Quit changing the rules. Stop moving the goal line and keep your promises!

You are ruining the State, and we should not tolerate it anymore!

The State took less revenue for many years, intentionally, to build a new, much-needed industry in Louisiana, the film and television industry, and established a complete infrastructure made up of tens of thousands of our citizens to service it and make it flourish—to the great consternation of Los Angeles and others who have dominated and monopolized it in the past.

Now, in your wisdom, you have decided to change the rules and renege on your promises—probably the clearest and most decisive way to kill this formerly thriving business in our state.  Investment—intense businesses, like the film and TV industry (and Wall Street too)—abhor and are deadly allergic to uncertainty. And you have been and are creating blinding uncertainty with your actions. The resulting declines are already evident.

Can’t you keep your promises? especially to people who want to invest millions of dollars in this State? especially when they are the driver for a nationally successful new industry?

And then there is TOPS, one of the most important and successful things ever done in a State which has suffered terrible educational outcomes for decades.

You blindly followed Bobby Jindal and caused the cost of TOPS to sky-rocket the last eight years by slashing State appropriations to higher and education and then endorsing the raising of tuitions. The unavoidable and readily discernable result was increasing the cost of TOPS. Now you now scratch your collective heads and try to feign surprise, declaring that “we just can’t afford it anymore.”  Oh, really?

Then, you whine and tell how hard it is for you to do your job, as you tell us the only solution is to change the rules and break promises to the best and brightest young people in this State, thereby placing an unbearable financial strain on their parents.  You now tell us: No matter what was said before and what you relied upon, we have to move the goal lines and adversely affect your education and lives. We’re sorry, but you just cannot imagine how hard it is for us to do this to you.

Can’t you abide by and keep the rules, keep your promises, and do your job? especially for the best and brightest that are already in Louisiana colleges and who now face a loss of what they were promised (by you) they would get if they worked hard and earned it?

Please, please, Legislators, stand up and figure out how to be adults and to keep your promises!

 

After reading Napper’s letter, I thought it might be interesting to see just how diligent the House and Senate are in practicing pecuniary responsibility in light of all the budgetary cutbacks imposed on the rest of the state, higher education and health care at the forefront.

Traditionally, the legislature flies well beneath the fiscal radar year after year with no one in the media bothering to hold lawmakers accountable for their own spending habits.

Here’s what we found:

The Legislature is comprised of 39 senators and 105 representatives—144 lawmakers in all.

  • Between them, the House and Senate have 252 employees—1.75 employees per legislator.
  • The breakdown is 136 for the House and 115 for Senate (the number of Senate employees is 84.5 percent of that of the lower chamber even though its membership is only 37 percent of that of the House).
  • The combined payroll for those 252 employees is $18.9 million—$9.6 for the House and $9.3 million for the Senate. Together, the two chambers’ per-employee average salary is $71,175 per year, far higher than the average state civil service employee makes. (Of course that average is bloated with top-heavy salaries earned by administrative personnel and attorneys who comprise nearly half the total number of employees.)
  • The two chambers have 52 members (25 for the House and 27 for the Senate) who earn more than $100,000 per year—19 of whom (11 in the House and eight in the Senate) earn more than the governor’s $130,000 per year salary.

Has the legislature agreed to share the pain of other agencies who have been forced to endure deep budget cuts, resulting in layoffs? You can check that box “No.” Through the eight Jindal years and now into the Edwards administration, neither the Senate nor the House has once offered to cut their respective budgets.

Of course $18.9 million doesn’t represent much in the overall scheme of things but it would be a nice symbolic gesture if the legislature would at least offer to tighten its own belt.

Looking down the roster of employees, a few things jump out:

  • The House has an Assistant to the Speaker ($68,600), a Special Assistant to the Speaker ($93,250), an Aide to the Speaker/Inmate Coordinator ($56,800), and an Executive Counsel to the Speaker ($181,200).
  • There is a Director of Human Resources ($157,000), a Human Resources Manager ($83,000), two Human Resources Analysts ($75,000 and $72,000), and an Executive Assistant to Human Resources ($62,800).
  • Deputy Fiscal Directors? The House has two of them ($136,800 and $101,700).
  • No fewer than 12 Legislative Analysts ($141,700, $134,700, $130,800, $121,400, $114,900, $114,000, $110,000, $91,250, $88,300, $65,600, $44,200, and $35,800).
  • Five Division Directors ($162,200, $137,500, $117,000, $113,600, and $103,000).
  • Six Budget Analysts ($94,145, $86,700, $51,100, two at $46,800 each, and $45,000).
  • Six Caucus Administrators ($121,500, $102,800, $82,150, $78,100, $56,650, and $42,100).
  • And an Executive Director ($185,100).
  • Clerk of the House ($220,000), a Secretary to the Clerk, two Assistant Clerks ($84,800 and $72,800), and several assistant clerks.
  • Seventeen attorneys and a gaggle of Sergeants at Arms to go with communications specialists (2), a Television Audio Engineer, a Communications Director and a Deputy Communications Director, and a Communications Office Administrative Assistant.

While we’re not at all certain what those five Division Directors do, you’d think with two Deputy Fiscal Directors, 12 Legislative Analysts, six Budget Analysts, those Aides to the Speaker, and all those attorneys, the House would have a little better grasp of the state’s fiscal affairs.

The Senate likewise has:

  • Six budget analysts ($140,340, $137,000, $111,500, $104,600, $100,000, and $72,500) and a plain vanilla budget analyst ($61,700).
  • Two Senate Counsels ($134,300 and $104,300) and 12 Senior Attorneys (from $121,500 to $79,200).
  • Five Directors ($188,900, $170,900, $148,400, $128,200, and $120,500).
  • Special Counsel to the President ($118,600), Senate Counsel ($96,200), a Chief of Staff ($223,100), a Deputy Chief of Staff ($185,600), First Assistant Secretary of the Senate ($168,600).
  • A Chief Legislative Researcher ($112,000) and a researcher ($53,000).
  • A Chief Legislative Counsel ($130,800).

And all those researchers, lawyers, analysts and fiscal directors don’t even include offices, telephones, copiers, expense allowances, legislative salaries, per diem, and staff members for legislators in their home districts—all courtesy of state taxpayers.

With all that support staff, you’d think that members of the Senate and Governmental Affairs Committee would have requested a little background on Mike Edmonson before it held Wednesday’s confirmation hearing on his nomination for another term as Superintendent of State Police. But if you watched the proceedings, it was evident that they simply did not want any critical discussion of Edmonson’s professional record.

After hearing reports of senators and representatives assigning legislative staff to do research, homework and to even write school papers for legislators’ children in the past, perhaps staffers were just too busy performing those personal tasks for lawmakers to waste time on such petty matters as professional qualifications to lead the state’s law enforcement agency.

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AZ SHARES A LAUGH WITH TK

I had a book signing at the Winn Parish Library in Winnfield Thursday (May 19). It was arranged by Tom Kelly (right), Publisher of The Piney Woods Journal.

It was fifty years ago this year and with zero experience that I walked into The Ruston Daily Leader to apply for a job opening as advertising salesperson. I was sick of climbing telephone poles for what was then Southern Bell (a little too much like work for my taste—plus I was a lousy telephone repairman).

Tom Kelly was publisher of The Leader then and he hired me at $65 per week—a $5 per week cut from what I was making for the phone company. It took him about a day and a half to realize he’d made a terrible mistake. I couldn’t sell so he made me sports editor where my crowning achievement was taking a trip with Tech assistant coach George Doherty to Shreveport where he signed Terry Bradshaw to a scholarship in the Bradshaw living room. (I wish I still had the photo—Terry had hair back then.)

But this man took me under his wing and taught me that all news is about people and the three most important times in a person’s life is when he is born, when he marries and when he dies. Everything else is just filler, he used to drill into my brain.

I would eventually leave for larger dailies but I always returned—at a higher position: news reporter, city editor and finally managing editor. Somewhere in between, I did manage to return to Louisiana Tech and obtain my degree. If he had not had the patience and a steady hand to provide the guidance that my meager skills demanded, there would be no books, no LouisianaVoice, and I would likely would have  been permanently maimed in a fall from a telephone pole. (Safety was not my strong suit in my younger days.)

But most important was a lifelong friendship that developed over those years (some of them admittedly tumultuous because we were both hard-headed) and an undying respect and admiration for tk, as we knew him from the signatures on his scathing memos admonishing us for sloppy reporting or a badly posed photograph. “Never take just one photo; take several and then pick the best one,” he would say. “We have lots of film.” (Who remembers film?)

AZ AND TK

(Photos courtesy of Brian Salvatore, Ph.D.)

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“I’m not perfect but gosh, I try to be.”

—State Police Superintendent Mike Edmonson at Senate and Governmental Affairs Committee hearing on his confirmation for another term.

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To call Wednesday’s confirmation hearings by the Senate and Governmental Affairs Committee on the reappointment of State Police Superintendent Mike Edmonson a love fest would be grossly inaccurate.

What transpired during the 21-minute “grilling” of Edmonson more closely resembled a group hug—or more accurately, a group butt-kissing—than a real consideration of the candidate’s qualifications to serve another four years as head of the state’s law enforcement agency.

The committee took no vote on confirmation on Wednesday but will re-convene before the current session closes to vote on all nominees.

Before going any further, it is important to know which committee member asked specific questions about how a state trooper who twice had sex with a woman while on duty—once in the back seat of his patrol car—managed to keep his job under Edmonson.

It is vital to know which member asked how a trooper in Troop D was allowed to work a couple of hours and then go home to sleep the rest of his shift for years before LouisianaVoice revealed the payroll fraud and why three separate supervisors who knew of that activity but did nothing went undisciplined.

Which committee member inquired about the promotion of a Troop D lieutenant to captain and troop commander—after it was learned he was abusing prescription drugs on the job? And which member wanted more information about that same captain being caught lying (a firing offense) but who was never disciplined?

Likewise, voters should know which committee member demanded to know how a lieutenant in Troop F could be caught abetting an underage girl’s entry onto the gaming floor of a Vicksburg, Mississippi, casino, fined more than $600, and then promoted to captain and commander of Troop F.

It would be interesting to know which committee member probed the reason Jill Boudreaux was allowed to take an early retirement incentive buyout, receive 300 hours in accrued leave pay, retire for one day and return to work—with a promotion to a higher position—the very next day, all while pocketing about $59,000 to which she was not entitled.

And which committee member demanded to know why high-ranking state police administrative personnel were allowed to reside in the State Police Academy VIP quarters while going through marital problems? The latest to do so is Interim Undersecretary Custodian of Records of the Office of Management and Finance within the Department of Public Safety Maj. Jason Starnes who is reported to be currently living there, courtesy of Louisiana taxpayers. The VIP quarters are unofficially known as the “Dupuy Suite” in honor of Edmonson’s Chief of Staff Charles Dupuy reportedly stayed there on the state dime following the breakup of his first marriage.

And of course, we’d all love to know who spoke up to ask questions about that furtive amendment tacked onto an innocent bill in the closing minutes of the 2014 legislative session that almost gave Edmonson an illegal $30,000 per year bump in his retirement. Only a tip to LouisianaVoice from an anonymous source thwarted that attempt even though the bill, with the amendment intact, passed and was actually signed by Bobby Jindal.

With no need to keep readers in suspense any longer, here are the identities of the committee members vigilant enough to seek answers to those nagging questions:

No one, no one, no one, no one, no one, no one, no one, and no one.

Here is the link to the video of the 92-minute committee meeting. Scroll over to the 1:12 (that’s one hour and 12 minutes into the hearing) mark to hear Edmonson inspiration opening remarks and those of the committee members (if you can stomach it).

http://senate.la.gov/video/videoarchive.asp?v=senate/2016/05/051816S~G_0

That’s correct. The people you sent to Baton Rouge to look out for our interests never opened their yaps a single time to ask a single question about the string of improprieties linked to the administration of one Mike Edmonson. Not one, not once.

That’s not to say a few of the members didn’t speak up. Several did and their fawning and slobbering all over Edmonson was nothing short of nauseating.

Take Sen. Mike Walsworth (R-West Monroe): the guy was so infatuated with Edmonson that he couldn’t stop talking. Literally. The man didn’t seem to know when to shut up. Even Edmonson appeared embarrassed at Walsworth’s blathering about what a wonderful job he was doing as head of state police, keeping us safe and all.

At least Sen. Neil Riser (R-Columbia) did ask one question that was relevant. That was about the state troopers detailed to patrol the New Orleans French Quarter. (Surely you didn’t think it was Riser who asked about that amendment that nearly gave Edmonson that raise. It was Riser who authored the amendment in the first place, though he first denied it before finally fessing up.

Sens. Greg Tarver (D-Shreveport), Troy Carter (D-New Orleans), Jack Donahue (R-Mandeville), Jim Fannin (R-Jonesboro), and Committee Chair Karen Carter Peterson (D-New Orleans) each took turns trying to out-snorkel each other and folks, it was not a pretty sight. To say they were blowing smoke up his toga simply isn’t descriptive enough.

The nearest anyone came to alluded to any of the myriad of problems that have brought trooper morale down to ground zero was when Peterson made a passing remark about “disgruntled employees.”

Peterson then cautioned Edmonson that there are differences between Bobby Jindal and Gov. John Bel Edwards (no kidding?) and that there are not different philosophies that he should be cognizant of. The jury’s still out as to just what the hell she was talking about.

After the committee had strewn rose petals (and possibly even palm leaves) in Edmonson’s path, he was appropriately humble.

“I’m not perfect, but gosh, I try to be,” he gushed.

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The Senate and Governmental Affairs Committee will meet Tuesday at 11 a.m. to consider confirmation of Gov. John Bel Edwards’ reappointment of Mike Edmonson as State Police Superintendent just as a complaint has been filed with the State Police Commission by a retired state trooper.

Even though Edmonson has been superintendent for eight years, going back to the beginning of the Bobby Jindal administration, his reappointment for another term must be meet the approval of the Senate and Governmental Affairs Committee just as other gubernatorial appointees must pass muster with the committee.

Butch Browning’s reappointment as State Fire Marshal was confirmed by the committee last week.

The Edmonson confirmation hearing on Tuesday stands as the most controversial of all appointments by Edwards despite his having already served eight years as superintendent.

That’s because of reports of inconsistent and uneven discipline meted out for certain offenses to only token punishment for offenses ranging from abetting underage gambling to quotas for DWI arrests to payroll fraud to stalking by a trooper to a state trooper having sex in his patrol car while on duty—all documented by LouisianaVoice.

All those revelations came on the heels of LouisianaVoice’s story in 2014 about an attempt orchestrated by Edmonson to pad his retirement by about $30,000 a year despite his having locked in his pension years earlier.

Generous retirement benefit boost slipped into bill for State Police Col. Mike Edmonson on last day of legislative session

That attempted came when Sen. Neil Riser (R-Columbia) slipped an amendment onto SB 294 by Sen. Jean-Paul Morrell (D-New Orleans) during the closing minutes of the 2014 legislative session. Morrell’s bill originally was a benign bill dealing with procedures for formal, written complaints made against police officers. Thirty-seven senators and 90 members of the House, including then-Rep. John Bel Edwards, voted in favor of the amendment.

Reps. John Bel Edwards and Kevin Pearson will request investigation of Edmonson retirement amendment source

And now comes retired State Trooper Scott Perry with his official complaint to the State Police Commission over the appointment of Maj. Jason Starnes as Interim Undersecretary of Management and Finance.

The problem with his appointment is that Starnes’s estranged wife, Tammy, is Audit Manager for LSP and Jason Starnes, with his promotion, will supervise her department.

Between them, the two earn more than $225,000 a year. Jason Starnes is paid $129,000 per year and Tammy receives $96,600.

While nepotism laws would seem to prohibit such an arrangement, and while it certainly appears to be unethical, there appears to be a loophole that has been cited in numerous opinions by the Ethics Board. That exception says if the employee, in this case, Tammy Starnes, has been in her position for a year or more, it is permissible for an immediate family member to supervise her.

When Tammy Starnes initially joined LSP after transferring from another state agency, her $92,900 salary at the time was $11,700 more than that of Jason Starnes and was in charge of monitoring LSP’s financial transactions, including those of her husband but now their lines of authority are reversed.

Jason Starnes, in addition to his $129,000 salary, also reportedly is receiving free housing, courtesy of LSP, according to one source.

Since separating from his wife, he is said to be living on the state dime in the LSP Training Academy VIP quarters.

Louisiana Title 42 covers the Code of Governmental Ethics. Part II, Section 1111 A(1) of Title 42 says in part, “…No public servant shall receive anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.”

Free living quarters would certainly fall under the description of economic value.

Depending on whether or not the Senate and Governmental Affairs Committee has the cojones to give Edmonson’s record something other than a cursory look, the debate over his nomination could spark lively debate.

Sen. Karen Carter Peterson (D-New Orleans) is the only senator to vote against Riser’s amendment to Morrell’s SB 294 two years ago and she chairs the Senate and Governmental Affairs Committee.

Adding to the intrigue, if indeed there is to be any intrigue with Edmonson’s nomination is two other members of the committee are….Morrell and Riser. And Morrell would be justified if he was still smarting from Riser’s hijacking of his bill two years ago.

Given that Edmonson was originally appointed by Republican Bobby Jindal, it’s somewhat interesting that the committee is made up of four Democrats and three Republicans.

On the other hand, his nomination for reappointment now comes from a Democratic governor, which could put the four Democrats in an uncomfortable position of having to oppose a fellow Democrat’s nomination.

The bottom line, however, is that Edmonson is neither the fair-haired boy of the Republicans or the Democrats; he is the creation of the Louisiana Sheriff’s Association, one of the most powerful political influences in the state.

Make no mistake about that. It was the Sheriff’s Association that dictated that Jindal appoint Edmonson, who’s only qualification was his experience as an LSP public information officer. One former law enforcement official said unless an appointee has experience supervising personnel, there is no way he can be qualified to lead an entire department, especially one as large and far-ranging as LSP.

The association’s only criteria was the appointment of someone they could control.

And they got him.

But it would not be unprecedented for the committee to at least ask probing questions. Committee members threatened to withhold confirmation of Bruce Greenstein as Secretary of the Department of Health and Hospitals in 2011 if he didn’t reveal the name of CNSI, a company he formerly worked for, as winner of a huge DHH contract. And after being grilled over his dealings with with the Regents in a fiber optics projects involving eight Louisiana research universities, Ed Antie of Carencro abruptly withdrew his name for consideration for a seat on the Board of Regents.

Here are the names and email addresses of the members of the Senate and Governmental Affairs Committee:

After Tuesday, we will know for certain if the committee members have the courage to make difficult but morally correct decisions or if they will collapse in the proverbial puddle at the feet of the Louisiana Sheriffs’ Association.

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