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Archive for March, 2019

Louisiana State Government has enough boards to construct a fair-sized house.

The state has an eye-popping 477 boards and commissions, according to the Louisiana Legislative Auditor’s ANNUAL REPORT to the Legislature released last month.

That compares to 287 for Arkansas and 217 for Mississippi. Texas, meanwhile, manages to get by on just 89.

But then, Texas probably does not have a need for an Alligator Advisory Council since that state apparently doesn’t have as many alligators in need of advice.

And it’s questionable as to the real need of a Boll Weevil Eradication Commission, since they’ve been eradicated for some time now.

There well may be a need for the Boxing and Wrestling Commission, however—especially during Louisiana’s often contentious legislative sessions.

But one has to question the effectiveness of the Child Poverty Prevention Council, given the fact Louisiana has one of the highest childhood poverty rates in the nation.

Then there’s the Drug Abuse Resistance Education (DARE) Advisory Board (and there’re certain places where board members DARE not enter).

But just to cover all the bases, we also have the Drug and Device Distributors Board, The Drug Control and Violent Crime Board, and the Drug Policy Board.

And Louisiana still has a huge drug problem, due in part perhaps to the report on the Louisiana Board of Pharmacy which noted that in 2016, there were 14,628 hydrocodone and oxycodone prescriptions missing from the Prescription Monitoring Program database.

There’s the Emergency Medical Services for Children Advisory Council, the Emergency Medical Services Certification Commission, the Emergency Response Commission, and the Emergency Response Network Board.

And I’m not even going to talk about the Crab Task Force.

I could go on, but in case you didn’t notice, I never even got out of the E’s on the list of boards.

For fiscal year 2018, the myriad boards collectively reported $1.3 million paid in board member per diems, $1.7 million for member salaries and $2.1 million for member travel expenses.

The number of boards and commissions, however, is just one area of concern covered in the 44-page report.

  • The LSU System did not have adequate controls in place over the preparation of its financial statements, resulting in errors of its 2017 financial report;
  • LSU Health Sciences Center (HSC) in Shreveport did not have adequate controls in place over federal, state and private grants and contracts to pursue collection of funds owed to it. The center reported $2 million in uncollected money from 2005 to 2017.
  • For the third consecutive year, the HSC Division (HSCD) and LSU did not have a final, signed agreement for all equipment used by the partner managing the University Medical Center New Orleans. Even though a lease agreement requires supplies and other items purchased by the State to be reimbursed by the private partner, repayment of $8.4 million remains outstanding (this is just one of the results of the Jindal privatization of state hospitals). Additionally, HSCD did not even attempt to collect a $163,544 debt from a contractor and HSCD has still been unable to locate movable property totaling more than $1.6 million associated with Earl K. Long Medical Center.
  • The Office of Juvenile Justice (OJJ) failed to maintain adequate control over its movable property, resulting in unlocated property and the incorrect reporting of an asset valued at $2 billion when the actual cost was $20,664.
  • Five state agencies oversee 78 tax incentives that resulted in the loss of approximately $1.1 billion in revenue in fiscal year 2017. Moreover, auditors found that 25 of the 78 tax incentive reports submitted to the Legislature by March 1, 2018, did not include information on whether the state received a positive return on its investment.
  • The Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) Public Assistance Programs had $149.6 million in federal reimbursement requests that were not supported by sufficient documentation.
  • Louisiana spent about $5 million on lawsuits involving sexual harassment claims since 2009. State agencies do not have consistent processes in place to conduct reference checks of prospective employees and state law does not mandate training for employees on ways to identify, report and investigate sexual harassment.
  • The Louisiana Department of Health (LDH) did not deposit about $2.8 million into the Medicaid Fraud Fund in accordance with state law. LDH spent $477,000 from the fund in 2017 for salaries that did not appear to contribute to the prevention and detection of Medicaid fraud and abuse and the agency spent $643,000 from the fund in fiscal 2012 for software that was useless because of system compatibility issues.

Additionally, the Legislative Auditor’s office conducted 4,173 audits of local governmental services during 2018, most of those by private auditing firms under contract. “During the 2018 calendar year, local auditee reports contained hundreds of findings related to deficiencies in operations, controls, and compliance with laws and regulations,” the report says. These findings included:

  • Misappropriations and ethics violations;
  • Noncompliance with federal regulations in local governments’ administration of federal programs;
  • Noncompliance with bond covenants or loan agreements;
  • Noncompliance with state laws covering public bids, open meetings, untimely deposits, and late filings of financial statements;
  • Reconciliation of bank accounts;
  • Errors in accounting records;
  • Deficit fund balances.

And yet, precious little is ever heard from these reports. Oh, there is the occasional indictment, accompanied by a glowing, self-congratulatory press release from Attorney General Jeff Landry, but on the whole, zilch.

To paraphrase the quote mistakenly attributed to the late Illinois Senator EVERETT DIRKSEN: A million here and a million there and pretty soon you’re talking about real money.

Maybe the state needs to appoint another board or commission to study the problem of legislative apathy and inaction.

 

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Folks, I’m not going to promise you health, eternal life, or wealth like one-time TV preacher/huckster Rev. BOB TILTON who once sent me a plastic bag with a few grains of sand “from the mountain where I am going to go to pray for you,” (question: if he was “going to go” there, the implication being he hasn’t been yet, how’d he get the sand beforehand?) but I can promise you that I will continue to do my level best to expose political hucksterism when and where I find it if you help support the efforts of LouisianaVoice with your contributions.

I don’t aspire to prey on people’s emotions like JOEL OSTEEN who peddles happiness and self-image in order to induce you to empty your wallet. Nor do I need your donations to help me purchase a $17.5 million jet like KENNETH COPELAND. That’s just not my style.

My style is to rely on the Biblical tenet of comforting the afflicted (Louisiana taxpayers) and afflicting the comfortable (elected and appointed officials who are trying to stick it to the rest of us).

I am currently working with my attorney in setting LouisianaVoice up as a 501(3)(c) non-profit so that your future contributions will be tax deductible. But for now, they ain’t.

Nevertheless, I humbly ask that you help in whatever manner you can, either by clicking on the yellow DONATE button to the right and paying by credit card or by mailing your check to:

LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727

As always, thanks so much for your support.

Tom

 

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The Louisiana Legislative Auditor’s office, as required by law, issued its Report on Fiscal Deficiencies, Inefficiencies, Fraud, or Other Significant Issues Disclosed in Governmental Auditors for the first quarter of Fiscal Year 2019 last October.

And now, six months down the road, it’s a pretty good bet that no more than a handful of legislators, at best, have even glanced at the five-page REPORT that nine state agencies and one local agency for 17 deficiencies or irregularities totaling more than $245.7 million. Some of the deficiencies reported go back as far as 2008.

In fact, the smart money says that no more than a half-dozen of the 28 House members and 19 Senators who comprise the Joint Legislative Committee on the Budget have even picked up a copy of the report.

After all, there are campaign funds to be raised and lobbyists to be kept happy and one must have priorities.

And these are the ones who are charged with watching the purse strings on the state budget:

Joint Legislative Committee on the Budget (JLCB)

HOUSE
Henry, Cameron                           Chairman                          
Abraham, Mark                           Member                          
Abramson, Neil C.                           Member                          
Amedée, Beryl                           Member                          
Armes, James K.                           Member                          
Bacala, Tony                           Member                          
Bagley, Larry                           Member                          
Berthelot, John A.                           Member                          
Billiot, Robert E.                           Member                          
Carter, Gary                           Member                          
Chaney, Charles R.                           Member                          
Edmonds, Rick                           Member                          
Falconer, Reid                           Member                          
Foil, Franklin J.                           Member                          
Harris, Lance                           Member                          
Hodges, Valarie                           Member                          
Leger, Walt III                           Member                          
McFarland, Jack                           Member                          
Miguez, Blake                           Member                          
Miller, Dustin                           Member                          
Pylant, Steve E.                           Member                          
Richard, Jerome                           Member                          
Simon, Scott M.                           Member                          
Smith, Patricia Haynes                           Member                          
Zeringue, Jerome                           Member                          
Jackson, Katrina R.                           Interim Member                          
Stokes, Julie                           Interim Member                          
Barras, Taylor F.                           Ex Officio                          

 

SENATE
LaFleur, Eric                           Vice Chair                          
Allain, R. L. Bret                           Member                          
Appel, Conrad                           Member                          
Barrow, Regina                           Member                          
Bishop, Wesley T.                           Member                          
Donahue, Jack                           Member                          
Fannin, James R.                           Member                          
Hewitt, Sharon                           Member                          
Johns, Ronnie                           Member                          
Martiny, Daniel R.                           Member                          
Morrell, Jean-Paul J.                           Member                          
Tarver, Gregory                           Member                          
White, Mack “Bodi”                           Member                          
Chabert, Norbèrt N. “Norby”                           Interim Member                          
Morrish, Dan W. “Blade”                           Interim Member                          
Thompson, Francis C.                           Interim Member                          
Walsworth, Michael A.                            Interim Member                          
Alario, John                            Ex Officio                          
Long, Gerald                           Ex Officio                    

 

I base my opinion on the premise that had any of them read the report, they would—or should—be raising holy hell over such things as:

  • For the sixth consecutive report, the Department of Environmental Quality has not fully implemented effective monitoring procedures over the Waste Tire Management Program (WTMP) to ensure that waste tire date used to calculate subsidized payments to waste tire processors is reasonable. “We first reported weaknesses in controls over payments to WTMP processors in our engagement that covered fiscal years 2008 and 2009,” the report says. For the period from July 1, 2007, through June 30, 2017, DEQ paid out $99.4 million in subsidies to six waste tire processors.

Other major deficiencies cited included:

Governor’s Office of Homeland Security and Emergency Preparedness (Hazard Mitigation):

  • Expense reimbursements not supported by invoices, receipts, lease agreements, contracts, labor policies, time records, equipment logs HUD settlement statements, appraisals, elevation certificates, duplication of benefits verification, engineer plans inspection photographs or other documentation: $1.8 million;
  • Contracts and purchases did not comply with applicable federal and state procurement requirements: $1.47 million.

Governor’s Office of Homeland Security and Emergency Preparedness (Public Assistance):

  • Completed work not within the scope of an approved project: $2.3 million;
  • Expense reimbursements not supported by invoices, receipts, lease agreements, contracts, labor policies, time records, equipment logs, inventory records or other documentation: $40.1 million;
  • Contract and purchases did not comply with applicable federal and state procurement requirements: $11.95 million;
  • Work reflected in the expense reimbursements did not comply with applicable FEMA regulations: $9.4 million;
  • GOHSEP’s cost estimating tool and/or expense review form either omitted or contained duplicate and/or incorrectly categorized expenses: $956,000.

Attorney General:

  • The AG did not deposit money into the Fraud Fund in fiscal year 2016 in accordance with state law: $713,000.

Louisiana Department of Health:

  • LDH did not deposit money into its Fraud Fund between fiscal years 2012 and 2017 in accordance with state law: $2.8 million;
  • LDH incorrectly deposited money into the Medicaid Fraud Fund in fiscal year 2012 that should have been deposited into the Nursing Home Residents’ Trust Fund: $323,000;
  • LDH spent money from the Medicaid Fraud Fund in fiscal year 2017 for salaries that do not appear to meet the intended purpose of the Fraud Fund: $477,000;
  • LDH spent money from the Medicaid Fraud Fund in fiscal 2012 on software that could not be implemented due to system compatibility issues: $643,000.

Coastal Protection and Restoration Authority (Oil Spill):

  • Amounts requested/invoiced not supported by invoices, receipts, lease agreements, contracts, labor policies, time records, equipment logs

It’s somewhat puzzling when people like Reps. Cameron Henry (R-Metairie) and Taylor Barras (R-New Iberia) try to fight the governor’s budgetary proposals at every opportunity (including his attempt to increase teachers’ pay) but you never hear a peep out of them about a paltry $245 million.

And Henry just happens to be chairman of the JLCB and Barras just happens to be Speaker of the House.

As our late friend, C.B. Forgotston was fond of saying, “You can’t make this stuff up.”

 

 

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The last (and only) Mardi Gras I attended was on Canal Street in 1964. That was quite enough for this north Louisiana country boy not quite yet 21 at the time.

As has become my custom since moving to the Baton Rouge area first in 1973 when I first learned that Mardi Gras was a state holiday, and upon my return in 1981, I will be spending the day in the warm comfort of my home while others partake in the insanity and revelry. I only watch the Denham Springs Mardi Gras parade because it rolls right by my house and I have only to walk 50 feet in order to catch beads that will ultimately find their way into the garbage.

It’s not that I’m a wet blanket (well, maybe I am), but I’ll be working on what I’ve done for the past nine years now: keeping you informed about the miscreants we entrust our state, our parishes and our municipalities to.

There are backroom deals to ferret out, campaign contributions that influence the way our legislators vote, decisions our judges and district attorneys make, audit reports, stories of the minority of law enforcement officials who abuse their authority, and board and commissions that become power mad to the detriment of those whom they regulate.

Chasing down these stories, of course, takes time….and expenses. Purchasing copies of records and legal fees for filing lawsuits when records are not forthcoming, along with the normal daily expenses of travel from one end of this state to the other takes money.

That’s why I approach my readers twice a year for contributions. I skipped last October’s fundraiser but now there is an even more pressing need: I am incurring considerable legal expense in setting LouisianaVoice up as a 501 (3)(c) non-profit. I’m doing that so that the next time I come calling, hat in hand, your contributions will be tax deductible, providing, of course, Mr. Trump and his Republican lap dogs don’t decide to take that deduction away as part of their tax “reform.”

But for now, I need your generosity to come through in order to continue to support the work done by LouisianaVoice. As I said last Friday, you’re not going to agree with everything I write and I hope that you can understand that.

Please click on the yellow “DONATE” button to the right or mail your check to:

LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727

As always, thank you for your support these nine years.

 

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On March 27, 1998, barely two years after receiving his cadet appointment to the State Police Academy, Ben Johnson was terminated by State Police Superintendent Col. W.R. “Rut” Whittinton following a long string of disciplinary actions for infractions, including his off-duty altercation with a sheriff’s deputy over a woman Johnson was dating.

He next landed at the Veterans Administration Hospital in Pineville as a police officer.

In March 2009, a WARRANT was executed for his ARREST for attempted forcible rape of a woman in Natchitoches. Here is a page from the POLICE REPORT.

And while he was stripped of his position as police officer for the VA, he still is employed there—in the Human Relations Department where he supposedly has access to employee personnel records, including home addresses and telephone numbers.

In October, the attempted forcible rape, a felony charge, was reduced to a misdemeanor by then-10th Judicial District Attorney Van H. Kyzar. Kyzar is now a JUDGE on Louisiana’s Third Circuit Court of Appeal.

On November 13, 2009, Johnson SIGNED OFF off on an agreement that the charges would be dismissed upon the satisfactory completion of a pre-trial intervention program. (emphasis added.)

Several district attorneys’ offices were consulted and each one that responded said its policy is that those with felony charges are ineligible for pre-trial intervention programs. Click HERE to see the policies of one of those offices.

Of course, having a policy and adhering to that policy may well be two different propositions for some jurisdictions where favors are routinely awarded to friends of or contributors to the local power structure.

The pre-trial intervention (PTI) program must have been fast-tracked like no other in the history of PTIs, because he apparently managed to complete the crash course that same day. According to a DISMISSAL letter from district attorney investigator Danny C. Hall to to Barbara Watkins of the Veterans Medical Center in Pineville, charges against Johnson were dismissed that same day. Hall is no longer employed by the Natchitoches DA’s office.

One former district attorney said it was unheard of to dismiss charges on the same day an individual was assigned to a PTI, especially when the dismissal was contingent upon completion of the program. Moreover, he said, there was no way anyone could have completed such a program in a single day. “The person would have to know somebody,” he said.

A sitting judge said much the same thing. “He knew someone. It usually takes six months or longer for a case to be dismissed that way,” he said. At the same time, he said the district attorney could have seen it as a weak case, particularly in light of the fact the victim waited several days to report the incident. (The victim told police she was “embarrassed and ashamed,” and initially “just wanted to forget about the entire day” but her best friend convinced her to talk to police.)

An undated document signed by Johnson ACKNOWLEDGED that he had been arrested and charged “with the crime of attempted forcible rape, a felony,” that I freely admit my guilt and misconduct” and that the PTI program was established “to divert me from further criminal conduct.” (emphasis added.)

The victim told police that at one point prior their struggle, he told her she was safe with him because he was a POLICE OFFICER.

Johnson was first hired by Louisiana State Police on December 3, 1995 but by March 27, 1998, he was terminated because of repeated disciplinary problems.

Beginning in July 1996, barely seven months into the job, and virtually every month thereafter until his termination, he was reprimanded by his superiors for such things as:

  • Failure to be in his assigned parish for patrol;
  • Altering accident reports with white correction fluid;
  • Sloppy and error-plagued paperwork and accident reports, including incorrect dates, incorrect mileposts and even incorrect parishes and incorrect judicial districts;
  • Unauthorized attendance at a Northwestern State University football game in uniform while off-duty;
  • Altercations with fellow state troopers;
  • Rude treatment of females stopped for traffic violations;
  • Logging incorrect dates he worked on his time sheets;
  • Losing citations that he had written;
  • Allowing his patrol unit to run out of gas and then attempting to claim mechanical problems;
  • Losing his State Police badge and badge/identification card holder;
  • Failure to search and handcuff a prisoner later found to be in possession of a pocket knife;
  • Possession of radar equipment in his patrol car that had been missing and which caused considerable concern in efforts to locate the equipment.
  • Patrolling in the city limits of Alexandria and Pineville against troop regulations;
  • Calling in traffic stops before violations actually occurred;
  • Inability to locate accident he was directed to even though both vehicles were in the roadway;
  • Untimely submission of paperwork;
  • A five-day suspension for leaving his assigned parish to travel nearly 20 miles off his assigned route.
  • On April 27, 1997, barely four months after his designation as a State Police Trooper, he became embroiled in a confrontation with a Rapides Parish sheriff’s deputy after the deputy allegedly made disparaging remarks about him to a woman Johnson was dating. Johnson appeared at England Air Park where the deputy was assigned while off duty but in his state police vehicle and threatened the deputy with physical harm.

Normally, a State Trooper who resigns in lieu of dismissal can land a job with another law enforcement agency. But Johnson did not resign, he was fired, which makes it difficult to understand how he wound up as a police officer for the VA unless the VA did a rather slipshod of vetting his qualifications—or, a more likely bet, he had connections there.

And it’s equally difficult to understand how he retained his employment, his demotion notwithstanding, after such a serious offense as attempted forcible rape.

Even more baffling is why such a serious felony charge was reduced to a misdemeanor and then how did he manage the “satisfactory completion” of a pre-trial intervention on the same day he was assigned to the program, allowing the charges go away instantly?

 

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