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Archive for the ‘BESE’ Category

Shreveport mayoral candidate & State Rep. Patrick Williams an amateur at skimming; manages paltry $4,000 double dip

Posted in Audit Reports, BESE, Campaign Contributions, Corruption, Courts, Elections, Ethics, Finances, Fraud, House, Legislators, Legislature, Legislature, Legislators, Louisiana Purchase, Politicians, Public Records on September 11, 2014| 4 Comments »

Board of Elementary and Secondary Education (BESE) member Walter Lee has been indicted by a state grand jury and the FBI is investigating State Rep. Joe Harrison (R-Gray)—both for double billing for travel.

Investigators may want to take a look at the expense records of State Rep. and Shreveport mayoral candidate Patrick Williams (D-Shreveport).

Lee’s indictment by a DeSoto Parish grand jury accuses him of the felony theft of $3,968 in fuel expenses and $1,578 in lodging in meals charged to both BESE and to the DeSoto Parish School Board at a time when Lee was simultaneously serving as DeSoto School Superintendent and as a member of BESE.

A state audit used as the basis of Lee’s indictment said he collected travel expenses from BESE for attending state board meetings even though he used a parish school system credit card to pay for those expenses and failed to reimburse the school system after receiving payment from BESE.

DeSoto District Attorney Richard Johnson, Jr. said Lee also terminated a lease early on a vehicle which cost the school system around $10,000 and then got a substantial discount on the purchase of another vehicle shortly thereafter.

Williams’ expense reimbursements, however, more closely resemble those of his colleague in the House.

Harrison has been ordered by federal investigators to produce travel expense records after the New Orleans Times-Picayune revealed in a lengthy investigative series that Harrison was reimbursed more than $50,000 by the House for travel in his district from 2010 to 2013—travel that he had also charged to his campaign.

House reimbursement records and campaign expense records reveal that in 2012 alone, Williams systematically doubled his campaign and the House for more than $4,000 for expenses that included postage, subscriptions to the Shreveport Times, travel to and from Baton Rouge, hotel accommodations in Washington, D.C., airport parking, cab fare, and air travel.

LouisianaVoice was alerted to Williams’ expense payments by former Shreveport attorney Michael Wainwright who now lives in North Carolina.

Wainwright said Williams accepts campaign contributions which then pays “thousands of dollars” in travel and other expenses. “Rep. Williams then bills the taxpayer for those same expenses (and) then keeps the reimbursement checks. He has converted the money to his personal use.”

Wainwright said the practice “is conduct which seems to fall squarely within the definition of theft,” which he said is defined under Louisiana Criminal Law as “the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices or representation.”

He provided us with a detailed itemization which we verified through our own check of Williams’ campaign expense report and House reimbursement records.

The following list includes the month of the House expense report, the amount and purpose. In the case of each expense item listed, Williams also billed his campaign:

  • January: $113.73—Purchase Power Postage;
  • February: $52.88—Shreveport Times Subscription;
  • April: $85.51—Pitney Bowes Postage;
  • May: $53.95—Shreveport Times Subscription;
  • May: $107.99—Pitney Bowes Postage;
  • June: $65.68—Pitney Bowes Postage;
  • August: $17.98—Shreveport Times Subscription;
  • October: $37.04—Shreveport Times Subscription;
  • October: $85.48—Pitney Bowes Postage;
  • November: $17.98– Shreveport Times Subscription;
  • December: $17.98—Shreveport Times Subscription;
  • November 5: $70.00—Fuel & Travel to Baton Rouge;
  • November 29: $50.32—Fuel & Travel to Baton Rouge;
  • December 4-8: $40.00—Shreveport Airport Parking;
  • December 4-7: $838.16—Hilton Hotel, Washington, D.C. (Campaign billed for entire $912.71 amount);
  • December 4-8: $169.94—Washington Travel Expense (Note: Rep. Williams was paid $745.00 in per diem expenses by the State of Louisiana while attending a NCSL conference in Washington, DC Williams also charged his campaign account $169.94 for the following per diem expenses related to this trip: Delta Airlines Travel baggage ($25), Supreme Airport Shuttle ($13), Hilton Hotel ($103), Meals ($28.44);
  • February 1: $158.00—Holiday Inn, Lafayette;
  • March 12-16: $197.00—In Session Fuel & Mileage (This amount was billed to his campaign while the House paid $291.38);
  • March 17-20: $327.04—In Session Fuel & Mileage (billed to campaign; House paid $582.75);
  • March 31-April 13: $373.09—In Session Fuel & Mileage (billed to campaign; House paid $582.75);
  • April 14-27: $335.00—In Session Fuel & Mileage (billed to campaign; House paid $582.75);
  • April 28-May 11: $257.00—In Session Fuel & Mileage (billed to campaign; House paid $582.75);
  • May 12-25: $262.12—In Session Fuel & Mileage (billed to campaign; House paid $582.75)
  • May 26-June 4: $146.00—In Session Fuel & Mileage (billed to campaign; House paid $582.75);

This is the same Rep. Patrick Williams who in 2011 authored House Bill 277 which would have required the posting of the Ten Commandments in the State Capitol. There’s no word as to whether his bill proposed deleting the Eighth Commandment.

 

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BESE member Jay Guillot’s company paid $1.5 million for work for RSD, South Louisiana school boards in 2013-2014

Posted in BESE, Contract, Contracts, Education, Ethics on July 23, 2014| 18 Comments »

One of the most frustrating things in writing about this administration is obvious wrongdoing is reported and nothing is done.

In Bobby Jindal we have a governor who is constantly bitching about Washington in general and the Obama administration in particular while turning a blind eye to corruption, profiteering and ethical violations within his own administration.

You would think that the man who, upon taking office in 2008, said, “We have zero tolerance for corruption” would make at least a token effort to keep his house in order.

Instead, he gutted the enforcement authority of the State Ethics Board, ran off members of the board, and commenced to allow his political pals to run unchecked.

The sordid episode of State Police Superintendent Mike Edmonson and the manner in which he was allowed to increase his state pension by nearly 70 percent is just the latest in a sorry laundry list of loose enforcement of ethics rules in this administration.

We have already written about some of these:

  • Board of Elementary and Secondary Education (BESE) member Kira Orange Jones simultaneously serves as executive director of Teach for America (TFA), which in turn, has been issued contracts worth more than $3 million with the Department of Education (DOE) since she became a member of BESE in 2012. BESE is the governing board for DOE and as such, must approve all contracts with the department.
  • The resignation of the vice chairman of the Louisiana Board of Ethics only weeks after the Tribune, a newspaper serving the African-American community of New Orleans published a story in its May/June 2013 issue headlined “Kira, Kira on the Wall” which explained Schneider’s own conflict of interests in ruling on an Aug. 21, 2012, conflict of interest decision about Orange Jones.
  • BESE President Chas Roemer consistently votes on issues concerning charter schools even though his sister, Caroline Roemer Shirley, is executive director of the Louisiana Association of Public Charter Schools which much apply to BESE for approval of charters and other matters concerning charter schools, including funding.

And while we have not written about it, BESE member Walter Lee of Mansfield, who recent retired as Superintendent of DeSoto Parish Schools, is currently under investigation for allegations that he billed both the school board and BESE for travel expenses to and from BESE meetings in Baton Rouge and for lodging while in Baton Rouge.

Now, thanks to public records we belatedly obtained from the Division of Administration, we learn that another BESE member’s company has reaped more than $1.5 million from contract work his company performed on behalf of a dozen South Louisiana school boards and the Recovery School District in 2013 and 2014.

Hunt Guillot and Associates (HGA) of Ruston previously held two state contracts since Hurricanes Katrina and Rita that together totaled more than $38 million. The latest, for $20 million, expired on June 30 but is expected to be renewed.

Jay Guillot, of the 5th BESE District, is an HGA partner.

The HGA contract is with the Louisiana Office of Community Development for “grant management activities for infrastructure and other projects undertaken as a result of damages incurred as a result of Hurricanes Katrina/Rita and to a lesser extent, as a result of Hurricanes Gustav/Ike,” the contract details contained on the state’s LaTrac web page which lists active and expired state contracts and contractors.

Though the funds to pay HGA are federal funds allocated through the Community Development Block Grant (CDBG) program, the company’s contract is with the state and the state cuts the checks to HGA from the state’s CDBG funds.

Much of HGA’s work involved other branches of parish governments but in our search of records we found no fewer than 138 billings to school boards and the RSD totaling $1.58 million since January 2013. Of that amount, 17 separate invoices totaling $488,000 (30.9 percent of the total billed) was for the RSD.

The Department of Education has responsibility for the oversight of RSD and cannot be considered separate entities for purposes of say, a lawsuit against the RSD. At the same time, BESE is the governing authority over DOE, thereby creating a straight line of authority between BESE and the RSD as well as the dozen school boards for whom HGA also performed work.

School boards for whom HGA performed services and the amounts billed from January of 2013 through May of 2014 are as follows:

  • Plaquemines: 17 billings for $342,726;
  • Cameron: 16 invoices, $227,126;
  • St. Tammany: 16 invoices, $142,598;
  • Orleans: 17 invoices, $116,507;
  • Jefferson: 17 invoices, $97,598;
  • Calcasieu: 16 invoices, $64,813;
  • St. Charles: 14 invoices, $56,390;
  • St. Bernard: 12 invoices, $29,539;
  • Terrebonne: three invoices, $9,202;
  • Lafourche: four invoices, $2,968;
  • Washington: five invoices, $2,222;
  • Lafayette: one invoice, $50.

Incredibly, with only a month left in its contract, HGA managed to allocate just enough work to almost exhaust the contract amounts for eight of the parish school boards and the RSD.

The last billing made available to us was for work done through May 25, 2014. Following are the total amounts billed through May 25 (with a month remaining on the contract) with the total allocated under HGA’s contract for the corresponding parish in parenthesis:

  • RSD: $786,988 ($817,567);
  • Orleans: $237,766 ($255,519);
  • Jefferson: $205,748 ($205,750);
  • Plaquemines: $831,968 ($826,970);
  • St. Bernard: $195,996 ($196,877)
  • St. Tammany: $377,372 ($382,863);
  • St. Charles: $147,763 ($148,353;
  • Calcasieu: $112,295 ($116,171);
  • Cameron: $629,750 ($639,031).

Section 1113 of The Louisiana Code of Governmental Ethics prohibits public servants and their family members from entering into certain transaction. That section says:

  • “No elected official or public employee or member of such public servant’s immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the public servant’s agency.

That’s plain enough but for those wanting further clarification: “controlling interest means any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds 25 percent of that legal entity.”

We do not know for certain what Guillot’s percentage of ownership is but inasmuch as his name is listed as a partner on the company letterhead we would assume he would meet that criterion.

And while the HGA contract is not specifically with DOE or BESE, the $1.5 million in work done for the local school boards and the RSD seems at best to skirt the edge of a conflict of interests for Guillot.

 

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The news just keeps getting worse for Supt. of Ed. John White; State Auditor investigating possible payroll fraud

Posted in Audit Reports, Auditor, BESE, Contract, Contracts, Education, Governor's Office, Legislature, Legislators on June 30, 2014| 14 Comments »

The news just keeps getting worse for Superintendent of Education John White.

Gov. Bobby Jindal has put White on a short leash with Executive Order BJ 2014-7 on June 18 and last Wednesday (June 25) Internal Audit Administrator Marsha Guidry issued an extensive laundry list of documents information relating to the Department of Education’s (DOE) contract with Data Recognition Corp.

At the same time, LouisianaVoice has learned the Legislative Auditor’s office is conducting an investigation of DOE that could involve payroll fraud, according to sources inside the department.

White, as we have reported several times in the past, has loaded up the department with unclassified appointments at bloated six-figure salaries.

There are apparently three major problems with that:

  • Many of these appointees seldom, if ever, show up for work and apparently are required to perform few, if any, duties to earn their keep;
  • The department did not have enough money in its budget to pay their salaries so they are reportedly being paid from federal funds earmarked for specific purposes;
  • The appointees are not assigned to areas for which the federal funds are allocated.

If true, these are serious allegations and even more serious violations that could prompt a federal probe in addition to the investigation already underway by the Legislative Auditor.

Of course, no one really knows who works where at DOE because no one has ever managed to obtain an organization chart for the department.

Oh, the Legislative Auditor, among others, has tried but with each request over the past couple of years now, the response has always been that the department is “undergoing reorganization.”

So, no organization chart and no determination of who works where in DOE.

And now, on top of that sticky wicket, up crops the controversy over Common Core and the testing by Partnership for Assessment of Readiness for Colleges and Careers (PARCC).

Short version: Jindal, White and the Board of Elementary and Secondary Education (BESE) back Common Core and legislation is introduced for state implementation of Common Core.

But then, somewhere along Jindal’s way to the White House, someone whispered in his ear that path of least resistance to the Oval Office would be for him to oppose Common Core on grounds that he didn’t want the big bad old federal government dictating how we teach our kids in Louisiana. He may even have waved a little American flag when he said it.

But White and BESE continue to back Common Core and the legislature passes it.

Jindal vetoed it but White and BESE said they were going ahead with it, and Jindal jumped onto his Nautilus Nitro Plus workout station to prepare for battle. He announced he was canceling the contract for the testing because, he said, DOE had issued the contract without taking competitive bids.

And now, the Office of Contractual Review (OCR) is reviewing the contracts.

Meanwhile, Guidry sent this letter to White:

Executive Order BJ 2014-7, issued June 18, 2014, directed the Division of Administration (DOA) “to conduct a comprehensive accounting of all Louisiana expenditures and resources related to PARCC.”  Pursuant to the Executive Order (EO) and the auditing authority of DOA over consulting contracts, I have been asked by the Commissioner to collect and review certain information.  Please provide the following information to carry out the EO to ensure DOE is complying with Louisiana law.

 Please identify and provide documentation for the following:

 1.      All documentation related to contracts with DRC or other testing or academic assessment tools, including both paid and outstanding invoices.

2.      Please provide an accounting of the cost of the PARCC Technology Readiness Tool survey, the method and documentation related to the procurement of this survey, and documentation of the funds used to pay for it, including all receipts and accounting paperwork.

a.       Please provide information related to the price of PARCC assessments as a total cost to the State of Louisiana and as an individual cost of each assessment to be provided in the State of Louisiana. This should include:  any cost information related to an increase or decrease in cost as a function of the number of states withdrawing from PARCC or other reasons.

3.      Please provide documentation related to negotiations on the price of any new assessment tool(s) including any negotiations or communications related to the cost of individual assessments, the total cost to the State of Louisiana of new assessments, or any breakdown of the cost negotiated or discussed by or with DOE. This should include communications conducted in writing (emails, letters, and memos) as well as any meeting minutes and calendar entries.

a.       Please also provide documentation of how DOE’s negotiations met the statutory requirement for the lowest-cost bidder, for a competitive procurement process, and the statutory authority of DOE to conduct such negotiations.

4.         Please provide evidence of DOE’s process to ensure during any Request for Proposal (RFP) conducted by PARCC or by a member state on behalf of PARCC that such RFP was a fair, competitive, price-sensitive proposal and was conducted using a fair, transparent process in accordance with Louisiana revised statutes. Please provide all files relative to these procurements.

5.         Please provide evidence that John White affirmed in writing to the Governing Board Chair of PARCC the State’s continued commitment to participation in the Consortium and to the binding commitments made by John White’s predecessor as Chief State School Officer as required by the Memorandum of Understanding establishing the PARCC Consortium.

 In addition to providing the above documentation, please provide a written response to each of the following questions:

a.       What contracts or other agreements are in place or in negotiation for the purchase of an assessment?  Please provide a list of these along with copies of all related documentation.

b.      What steps have been taken by DOE to procure any Common Core aligned assessment product?

c.       What steps have been taken by PARCC to procure any Common Core aligned assessment product?

Please provide these items by June 30, 2014. I may identify other documents or information necessary to complete this review and request your cooperation pursuant to the Executive Order.  Please identify any additional individuals within DOE who will be available to respond to any questions I may have during the course of the review.

 The documentation requested should be delivered to the Office of the Commissioner to my attention at 1201 N. Third Street, Baton Rouge, LA, 70802, Suite 7-210, on the 7th floor of the Claiborne Building.

http://www.myarklamiss.com/story/d/story/division-outlines-next-steps-in-doe-contract-revie/34643/LOilN9i14EaHl0wQ9zrGuA

You will note that White was given until today (Monday, June 30) to provide the information.

The problem with the governor’s request, as LouisianaVoice, Crazy Crawfish and others have learned, is that Jindal may not have followed proper procedure in seeking the information.

You see, when we ask for information, we are required to ask for specific documents, not simply information.

In fact, both DOE and the Division of Administration (DOA) have in the past simply refused to comply with our requests with the stock response that we requested information as opposed to specific records and therefore, both DOE and DOA felt comfortable informing us (somewhat condescendingly, we might add) that they were not required under the state public records act to respond.

Now if White only had the stones to tell DOA and Jindal that, we might yet have that epic Niles-Sheldon grudge match on Pay per View.

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Brouhaha in Baton Rouge over Common Core, aka Sheldon vs. Niles, could rival Rumble in the Jungle, Thrilla in Manila

Posted in BESE, Contract, Contracts, Courts, Education, Governor's Office, Lawsuits, Public Records on June 28, 2014| 6 Comments »

There’s a new fight brewing between Gov. Bobby Jindal and Chas Roemer over the simmering Common Core standoff between the governor’s office and the Board of Elementary and Secondary Education (BESE).

And if it were done right, it would be a memorable encounter. Sadly, it shapes up to be just another faceoff between lawyers.

BESE will consider retaining a special legal counsel in its efforts move forward with the Common Core test plans, according to BESE’s revised agenda released on Friday.

http://theadvocate.com/home/9577083-125/possible-legal-action-on-revised

Such a legal battle would pit BESE against the governor’s office after Jindal issued an executive order to discontinue Common Core tests being prepared by the Partnership for the Assessment of Readiness for College and Careers (PARCC).

Jindal, in his best imitation of John Kerry, was for Common Core before he was against it and now sniffs he will never let that big bully, aka Washington, D.C., dictate to Louisiana which, by golly, will devise and administer its own tests. That prompted former State Superintendent of Education Paul Pastorek (before he was shoved out the door by Jindal who wanted current Superintendent John White who he now opposes on the Common Core issue) to rebuke his former boss when he proclaimed that the feds have nothing to do with setting Common Core standards. That point remains debatable.

Got that? Didn’t think so. Neither do we.

Jindal ordered BESE (an independently elected, autonomous board, by the way) to initiate a competitive bid process for a new assessment process so the state can come up with its own academic standards. He also suspended a contract between the Louisiana Department of Education (DOE) and PARCC.

In a real test of wills, Jindal’s office also has demanded that DOE produce volumes of test-related documents by Monday.

We at LouisianaVoice can offer our own experience with that seemingly innocuous request for public records.

On Monday, June 23, I submitted a request for “all itemized invoices and records of payments” to a DOE vendor. What I got in return was simply a list of payments. No invoices at all, let alone itemized invoices.

My patience already stretched to the breaking point with recurring delays by DOE on other public records requests, I snapped. I sent White a second demand which said, in part:

“The information you provided me is insufficient. I specifically requested itemized invoices from (vendor name). The vendor history you provided me does not list what the charges were for nor the dates incurred.

“I want every specific invoice submitted with itemized listing of what each and every expenditure was for, i.e. supplies, utilities, rent, salaries, travel, etc.

“John White, I don’t know what kind of game you are playing but I know you possess (or at least should possess) sufficient intelligence to know what I asked for and that what your office provided does not come close to a sufficient response. What do you think the term “itemized invoice” below (highlighted) implies? What part of “itemized invoice” don’t you understand?

“If you want to play games, we will let a judge be the referee. I am weary of your stalling, delaying, and playing ignorant. You have until noon Friday or you will be served with a lawsuit Monday. Itemized invoices, John,….ITEMIZED.“

I received a call around noon Friday informing me the requested documents were ready for our inspection.

The revised agenda released by BESE includes an executive session but Roemer says that may not be necessary. “I anticipate there may be given potential legal questions and that is why the executive session must be on the agenda,” he said.

It could be Jimmy Faircloth vs. ATBA (attorney to be announced) if it comes down to a fight between proxies—as it probably would.

But wouldn’t it be better if we just put Jindal and Roemer in a ring together and let them duke it out?

That would be an epic battle worthy of Sheldon of The Big Bang Theory vs. Niles of Frasier.

Forget about the Rumble in the Jungle (Muhammad Ali vs. George Foreman) or the Thrilla in Manila (Ali vs. Joe Frazier). Those were just preliminary bouts for what would truly be a battle of the ages.

Jindal vs. Roemer. Sheldon vs. Niles. Collision in the Classroom. Clown Clash. Common Core Conflagration. Capital City Smack Down. Brouhaha in Baton Rouge. Call it what you will, that’s something Louisianians would pay top dollar to watch.

No matter what you would call it, if it could be arranged, I would take whatever steps necessary to obtain the legal rights to telecast the bout over statewide closed circuit television or Pay Per View.

We’ll hype it as Brawl on the Bayou.

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Notable Quotables (in their own words)

Posted in BESE, Book Review, Education, Media, Notable Quotables, Privatization on June 6, 2014| 1 Comment »

“…My purpose is to dismantle the dismantlers. As such, my words are not kind. My words expose, and that exposure is harsh. The individuals and organizations profiled in this book have declared war on my profession, and I take that personally.”

 

—Mercedes Schneider, writing in the introduction to her book A Chronicle of Echoes: Who’s Who in the Implosion of American Public Education.

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