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Archive for the ‘Attorney General’ Category

A politically astute friend who shall remain nameless has been quick to challenge last week’s suggestion that Gov. Bobby Jindal may have lost his Midas touch. He described, in so many words, the notion that Jindal’s luck may have been pushed to the breaking point as about as realistic as Newt Gingrich’s chances of capturing the GOP presidential nomination.

“Don’t believe it,” our friend, longtime political observer, cautioned. “The governor got exactly what he wanted with the committee assignments in the House and Senate. Those (who) dared criticize him in the past have been removed from the money committees and banished to Labor or cultural Affairs and other backwater committees.”

Strong words indeed. But he wasn’t finished. “He has a hand-picked Education Committee in both chambers to do his bidding, not to mention the rubber-stamp BESE. And speaking of education, the governor finally announced his agenda for the 2012 session.”

He went on to say of that education plan released by Jindal on Jan. 17 that if people read it carefully and also read between the lines, they will understand that it is nothing more than a blueprint “to destroy public education in Louisiana.”

“If he can pull off even half of what he is proposing for education, it will be the most sweeping changes in the history of public education in Louisiana,” he said. Note that he never said that he thinks the plan is good.

“Teachers are going to be furious,” he said. His (Jindal’s) strategy to drive a wedge between superintendents, principals and school boards is ingenious. Divide and conquer!

“I’m not sure the public will see this plan for what it is: to destroy public education in this state and replace (it) with state-controlled charter schools and the like. I am not in favor of that but I’d say he has set himself up for a lot of success.

“The main problem is the teachers unions are their own worst enemies and I’m not sure they understand what approach they need to take to counteract the governor. If they set themselves up as simply opposed to any change just to be opposed to change, the governor will eat them alive. The public realizes that the education system is broken and they want change. Jindal will use that to get what he wants.”

Never one to be labeled as a one-trick pony, our friend dug the knife in a little deeper with his observations about the flare-up between Jindal, aka Booby Jihad, and Attorney General Buddy Caldwell, a flare-up that sputtered and died a quick death once Caldwell got a quick lesson in political realities.

Caldwell had earlier had the temerity to challenge Jindal’s decision to pay attorneys representing the state in the BP Gulf spill litigation a percentage of any recovery as opposed to an hourly rate favored by Caldwell.

Caldwell, supposedly the state’s top legal expert (excluding judges, who always have the final say), accused Jindal of interfering with his (Caldwell’s) handling of the case. Jindal further outraged Caldwell by signing off on a legal document in which Jindal agreed not to appeal any awards made for legal fees, and Caldwell, who doubles as a part time Elvis impersonator, said so.

You’ll just have to forgive us here, but Jindal thought Caldwell’s Suspicious Mind was Too Much and got All Shook Up. The governor, through an intermediary, sent Caldwell the message that it was all about the Money Honey and by the time it was over, Caldwell was singing Don’t Be Cruel.

Okay, that’s enough of that. In reality, our friend said, “Caldwell forgot a fundamental rule of politics: he who pays the fiddler calls the dance. Caldwell (and most of the other statewide elected officials) thinks he can do what he wants because is independently elected. But he forgot that the governor controls the purse strings (read: agency budget allocations). Oops!’”

Pension Plan Changes Proposed

On Wednesday of this week, Jindal released his plan to overhaul Louisiana’s state employee pension system that would increase retirement contributions for about 54,000 current employees while reducing benefits and extending the eligible retirement age for many of them.

Jindal also wants to move away from the present system for new hires, doing away with the monthly pension check to a lump sum retirement payment based on contributions and earnings. This would abolish the present defined benefits system in favor of a defined contribution one whereby employees no longer would be guaranteed a set monthly retirement payment but instead would make a guaranteed contribution to the pension system with no guarantee of return, much like a 401K program.

Oddly, Jindal’s proposal would apply only to the Louisiana State Employees Retirement System (LASERS), which has an unfunded liability of $6.45 billion. He exempts the state’s other three systems—teachers, school employees and state police. The Teachers Retirement System alone has a debt of $10.8 billion.

He said he prefers to leave teachers and school employees alone for the time being because of proposed educational changes on the horizon.

He said legislation will be pre-filed this week for consideration during the upcoming 85-day legislative session that opens on March 12.

Education Fight Looms

In his press conference last week, Jindal chose to unveil his education plans at the annual meeting of the Louisiana Association of Business and Industry (LABI), a virtual slap in the face to teachers, the group that he should have been addressing. But a virtual slap is probably appropriate considering his penchant for charter schools and virtual schools.

Just what is a virtual school anyway? Does it provide a virtual education? Do graduates get virtual jobs? Do they pay virtual taxes and give virtual campaign contributions?

Jindal, as is his custom, continues to paint all teachers with the same broad brush, a tactic that is patently unfair and grossly inaccurate. He talks about failing schools and poor teachers and giving students—the better students, to be sure—into better schools (read: charters).

To say a student fails because of a poor teacher is not only callous, but stupid. For example, in a class of say, 25 students, there are 23 students from poor economic backgrounds. Still, six of these students excel in classroom work and make top grades. Nineteen make Cs, Ds, and Fs. This same scenario is repeated throughout the school so the school is a failing school and the teachers are labeled as poor teachers and fired under Jindal’s plan.

But how does one explain those six students in that class who excel? Did they make top grades without the benefit of good teaching? No, Mr. Jindal, they did not, any more than the nineteen did poorly because of bad teaching. All 25 students were exposed to the same classroom material, had access to the same textbooks and took the same tests.

In my own school, Ruston High School, I sat in the same classroom with students who slept during class, never turned in homework assignments, never participated in classroom discussions, and consistently made D’s and F’s on tests. I also sat in the same classroom with Joel Tellinghusen who would go on to pioneer laser surgery, and Bill Higgs who would one day become an acclaimed heart surgeon in Mobile, Alabama. A couple of years ahead of me was Patricia Wells who would go on to a stellar career as a soprano with the Metropolitan Opera.

So, were the teachers at Ruston High School graded on the basis of those who did poorly or on the basis of the Joel Tellinghusens, Bill Higgs and Pat Wells? We will never know because that absurd method of grading schools wasn’t around then. They just let teachers teach. Wow. What a concept.

When kids come from poor economic backgrounds and parents take little or no interest in the children’s educational progress, kids generally reflect those demographics with poor grades. Motivated students listen to teachers, read assignments, do homework, and do well on tests. Period.

Yet, we have an outfit called Educate Now in this state that lists schools in New Orleans only by whether or not they are Recovery School District (RSD) schools or voucher-accepting private schools. The organization then lists the percentage of students who score above basic on English and math in grades 3-5.

That’s it. There is no attempt to take into account students’ prior achievement, no consideration of demographic variables like economic background, and no consideration of whether or not students are eligible for vouchers only if they had been attending a failing public school.

In short, there is no statistical analysis whatsoever—a pitiful method of judging the merit of voucher schools.

“The governor wants the new untested teacher evaluation program to form the basis for firing or demoting large numbers of teachers based on student test scores,” said Michael Deshotels, a retired educator.

“Never have I seen such a misguided and wrong-headed attempt to implement change in our educational system as was announced by Gov. Jindal on Tuesday,” he said. “If you study the governor’s proposals you can only come to the conclusion that he believes that the teaching profession in Louisiana is rife with incompetent or lazy teachers and administrators, and that if we simply fire and replace them our students will magically start doing much better on the state tests. Almost everything in the governor’s plan is based on this incorrect assumption,” he said.

Ron Clark, a teacher who started his own academy in Atlanta, had an interesting perspective on teaching and so-called failing schools: “It’s usually the best teachers who are giving the lowest grades because they are raising expectations. The truth is, a lot of times it’s the bad teachers who give the easiest grades because they know by giving good grades everyone will leave them alone. Parents will say, ‘My child has a great teacher! He made all A’s this year’ and the teacher (parents) are complaining about is actually the one that is providing the best education.”

The problem with Jindal’s plan for education, says Deshotels, is that “it is based upon an untested value-added model similar to one that is already failing in Tennessee and New York. In Louisiana the two chief architects of the new value-added model have resigned from their roles in the program, passing this potential monster on to other staff,” he added.

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An online dictionary defines the essential feature of irony as “the indirect presentation of a contradiction between an action or expression and the context in which it occurs.”

A good example of irony would be the State of Louisiana’s legal position in joining with 45 other states several years ago in suing the big tobacco companies. Louisiana, then-Attorney General Richard Ieyoub claimed, was spending inordinate amounts of state revenue treating tobacco-related illnesses among indigent citizens at the state’s charity hospitals.

Joining in the lawsuit was a logical and justified means of recovering some of the state’s costs of treating heart and lung disease, diabetes, cancer, tooth and gum disease, and various other ailments afflicting the state’s poor smokers. It even made sense when state buildings established designating smoking rooms in the early 1990s and then later abolished smoking altogether, forcing those unwilling to kick the habit to trudge outside in heat, cold, and rain to get their nicotine fix.

The 46 states and several U.S. territories eventually reached a settlement of about $206 billion with Louisiana slated to receive $4.6 billion as its share of the settlement.

Louisiana received its first check of $104 million in December of 1999. Last year the state’s share was $175.5 million and the 2010 payment of an as yet undetermined amount is due later this month.

That would explain the justification. Now for the irony.

On June 16 of this year, the Louisiana Department of Corrections (DOC) awarded contracts to three separate vendors for the purchase of more than $6.1 million in tobacco products for re-sale to prison inmates across the state.

And that was only for a six-month supply.

Of the three vendors who were awarded contracts, two are from Texas. Rudy Love Distributing Co. of Huntsville, Texas, had a low bid of $1,002,450 and Price & Co. of Beaumont, Texas, submitted a low bid of $84,631.75. Lyons Specialty Co. of Port Allen tied with an out-of-state firm with its bid of $5,025,220, but was awarded the contract because it is a Louisiana firm, according to DOC spokesperson Pam LaBorde.

The three firms were low bidders on 16 separate items on which bids were opened on June 14, two days before the contracts were awarded, she said.

LaBorde said that DOC and Prison Enterprises (PE) recoups the full amount of the tobacco items purchased off the bids by selling the products to prisoners at a markup, “plus the applicable sales taxes by parish and city or town where the correctional center is located.” She added that prices will vary somewhat because of local taxes.

“When placed out for bid, the amounts reflected in the bid are estimates of usage for the six-month contract period,” LaBorde said. “The amount purchased fluctuates based on the demand.” She said that items are delivered on an as-needed basis and facilities are not required to purchase the full amount as estimated in the contract.

“These proceeds are used to offset the cost of the items, the bidding of the items, the storage, warehousing, other overhead, and delivery to each facility as well as to recoup the necessary salary funds of the correctional officers who provide the canteen service. These canteen services are provided to the offender population as self-generated program(s),” she added.

So much for recovering the costs of purchasing tobacco products for the prisoners. Every contingency, it seems, is covered.

Except….except, oh yes, medical care for the state’s indigent population.

And who in Louisiana is more indigent than prison inmates?

No one. And bear in mind that Louisiana has the largest prison population in the U.S.

And where are prison inmates treated for their smoking-related illnesses?

At the state’s charity hospitals, that’s where.

And who pays for their treatment?

Since the cost of medical treatment is not factored into the equation, i.e. the price prisoners pay for tobacco products, that would be you and me, the Louisiana taxpayers.

Irony.

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The following story was first reported by Capitol News Service, which is affiliated with this web blog, in June and though vehemently denied by Gov. Jindal’s office, we felt it was worth posting here.

Politics do indeed make strange bedfellows, especially when one of the partners is in denial.

When Louisiana Attorney General Buddy Caldwell entered the fray in challenging the recently passed federal health care law, he stood alone as the only Democrat among 14 state attorneys general doing so. The litigation, if successful, could also ultimately cost the state.

It also turns out that Caldwell may have been reluctant to become what he described as the “token Democrat” in the litigation, but was backed into a corner by Gov. Bobby Jindal. Jindal’s press secretary Kyle Plotkin, however, vehemently denied that.

Caldwell and 12 Republican attorneys general joined in the lawsuit filed in Pensacola by Florida Attorney General Bill McCollum, who is taking the lead in the litigation filed only minutes after President Barack Obama signed it into law. Virginia’s attorney general, also a Republican, filed a separate suit challenging the constitutionality of the law.

Caldwell initially declined to comment on Louisiana’s participation in the lawsuit, saying that he anticipated a spokesperson would be appointed by the litigation group to address media inquiries. “It would not be appropriate for me to comment in the interim,” he said.

Three days later, however, he did issue a brief statement and his office said, “No other statements will be made.”

“As Attorney General, I am duty bound by my oath of office to pursue a request by the Governor of the state of Louisiana for legal assistance, so long as it has substantial legal merit.”

Democratic attorneys generals in three other states apparently do not feel so duty bound. Minnesota Attorney General Lori Swanson, a Democrat, refused Republican Governor Tim Pawlenty’s request to join in the suit. Democratic attorneys general in Georgia and Nevada also have balked at demands by Republican governors of those states to challenge the health care law.

Some legal experts, according to the Associated Press, feel the lawsuit has dim prospects of success because, under the U.S. Constitution, federal laws prevail over state laws.

Caldwell said it was his decision to sign onto what he called Florida’s “well-drafted action” at the least cost to Louisiana in order to accomplish the same objective.

But his decision may not have been as willing as he attempted to make it appear.

In a subsequent address to employees of his office, the Attorney General said the decision was made more out of the necessity of saving jobs in his agency than any real hope—or desire—of overturning the health care law.

Four separate employees said Caldwell, in a candid admission, claimed that a deal was made with Jindal. Under terms of that agreement, the governor would not make additional cuts in the attorney general’s budget if Caldwell joined in the litigation. Caldwell agreed to be the “token Democrat,” they said, so that he might save additional job cuts by an administration whose stated goal is to reduce the number of state employees by as much as 5,000 per year over three years.

A spokesman for the Division of Administration said Jindal could not cut the attorney general’s budget at this late date even if he wanted to because the budget has already been submitted and is “set in stone.”

A side effect of the lawsuit, one source said, could be the jeopardizing of $300 million in Medicaid funding, negotiated by Sen. Mary Landrieu in return for her support of the bill.

Because of the heavy influx of millions of dollars in insurance payments, aid, and money for new construction following Hurricane Katrina, the federal government calculated on paper that state income increased by 40 percent. That resulted in a drastic cut in Medicaid funding, prompting Landrieu to do some 11th-hour horse-trading to restore the lost funding to the state.

The $300 million recovery, however, would be offset by the costs of the health care bill, according to Louisiana Department of Health and Hospitals Secretary Alan Levine. Levine said the bill, because it was passed as an unfunded mandate, would mean a minimum additional cost to Louisiana of about $350 million per year to implement. “Unfunded mandates have been successfully challenged in court before,” Caldwell said in his written statement.

“As Attorney General I will not engage in political opportunism or partisan politics nor file any claim that does not have substantial legal merit,” he said.

Both Caldwell and Jindal were unavailable for comment on the reports of the agreement to spare Caldwell’s office further budget cuts in exchange for joining the lawsuit.

Plotkin demanded to know the source of the information but was told only that the information came from within the attorney general’s office and was corroborated by no fewer than four employees of Caldwell’s office.

“Your story (first published earlier this week in the Eunice News) is preposterous,” Plotkin told a reporter. “Moreover, you said you tried to call the governor and he and the attorney general were unavailable for comment. We have no record of any inquiry made to the governor’s office.”

The initial report, however, never said the governor’s office was called since at the time the story was being filed late last Thursday, Jindal was in Winnsboro. An attempt was made to call Caldwell but because it was the day before Good Friday, Jindal had sent his employees home early and closed the attorney general’s offices.

Plotkin then demanded that the reporter add a sentence to the initial story “saying that you never called the governor’s office.” The reporter refused, saying it was never claimed that the governor’s office was called so there was no reason to correct an error that was never made.

Plotkin, when asked for the governor’s version of what happened, insisted that Caldwell joined the suit “on his own volition.”

“You’ve caused a lot of problems for this office,” he said. “This story has been all over the internet and national television. Why don’t you call the attorney general and let him tell you what happened?” He was told that no fewer than four employees of the attorney general’s office had already related details of Caldwell’s address to his employees.

Plotkin, who had first contacted the reporter by email, was asked to reduce Jindal’s version of events to writing and to submit them to the reporter via email “so there would be no chance of any misunderstanding.”

Plotkin refused, suggesting again that the reporter call Caldwell.

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            Seventy-one years ago, LSU President James Monroe Smith revealed to then-Gov. Richard Leche that he had illegally invested—and lost—more than half a million dollars of university funds in the stock market. For that transgression, and others, Smith was carted off to federal prison.

            Thirty-three years ago Josh Bursh who, at the time was the odds-on favorite to succeed Ralph Jones as president of Grambling State University, was convicted of misappropriating $26,000 in GSU Foundation funds and spent two years in prison.

            More recently, a state audit revealed that GSU officials lost $1 million investing in the stock market. By investing $2.6 million of funds that legally could only be used for university facilities—physical plant—GSU violated two state laws, the audit report says.

            For the third consecutive year the university failed to compile an accurate annual fiscal report and overstated or understated cash flows by as much as $89 million. The audit also cited continuing problems with athletic department contracts and for movable property accountability.

            But the real revelation was when Tom Cole, director of financial audits for the Legislative Auditor’s Office, said, “None of this was serious enough for use to send for prosecution.” Perhaps not, but Daarel Burnette left his position as Vice President of Finance and Administration on July 21. There was no immediate word if he resigned voluntarily or under pressure, or was simply fired. Leon Sanders, who served as Burnette’s assistant, has been named as his interim replacement.

            GSU President Frank G. Pogue concurred with virtually all the audit’s findings, which, among other things, said the university failed to correct poor accounting practices, including being unable to account for movable property and for not signing game contracts with all athletic opponents, shortcomings also noted in prior year audits.

            Even as area media were saying that Pogue was unavailable for comment, the GSU president was releasing an “open letter to the campus community” that addressed news reports on the latest poor audit. While acknowledging that GSU “ is undergoing major financial challenges, however, not to the extent that we are negligent in being good stewards of the public’s trust.”

            Pogue said that while the audit was for the fiscal year ended June 30, 2009, “the stocks were purchased by the university between 2000 and 2004.” Pogue became GSU’s eighth president only last month. He had been serving as interim president since last December. Horace Judson, who left last October, was GSU president during the time period covered by the audit.

            “It is my belief that the corrective actions submitted in response to the legislative auditor’s findings are appropriate and that they ensure the fiscal operations at Grambling State University are consistent with the law,” Pogue said in his June 30 letter.

            “Our priority is to move Grambling State University forward and that includes ensuring that this university makes fiscally sound decisions in spending and investing public resources. We have established an inclusive strategic planning process to assist us with these efforts. We are committed to holding ourselves and this institution to a higher standard of moral and ethical accountability while ensuring that we are good stewards of the public’s trust.

            “It is the goal of this administration to maintain a spirit of transparency and open communication with the campus community, especially when faced with potentially damaging news,” he said.

            Cole said the improper stock investment, made with $2.6 million in plant funds that can legally be used only on university facilities, “was through an oversight and not properly monitoring their investments.” Pogue, in his letter, did not address the question why funds clearly earmarked for campus physical plant were used for stock market investment.

            “They are making efforts to improve the control structure at Grambling,” he said.

            Grambling has been “making efforts” to correct glaring audit deficiencies for more than 40 years, mostly to no avail. The legislative auditor’s office, on the heels of the Josh Bursh debacle, was so desperate to clean up the fiscal mess at the university that it installed one of its own auditors on the campus to oversee financial operations. That effort, however, failed as GSU continued to pile up negative audit reports year after year.

            Stay tuned for annual updates.

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