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Archive for the ‘Civil Service’ Category

There are those like a certain former governor who see no good in any state employee. Perhaps that is why efforts were exerted to privatize every state government agency in sight and even to the extent of destroying one of the better teaching hospital systems in the country.

And gutting higher education’s budget only brought higher tuition costs, putting a college education out of reach of thousands of Louisiana students.

Perhaps that is one of the reasons Louisiana is the SEVENTH-FASTEST shrinking state in the nation, according to 24/7 Wall Street, a research organization that routinely publishes lists of the best and worst in a wide array of subjects.

Of course, another reason steeped in Louisiana tradition is the sordid history of CORRUPTION that has permeated the political culture of this state for longer than anyone reading this has lived.

And when you have a state legislature that ignores the well-being of the state’s citizens in favor of the corporate interests of the Louisiana Association of Business and Industry (LABI), the American Legislative Exchange Council (ALEC), and the oil and gas industry get first consideration, it’s no wonder that folks are a tad jaded.

Yet, thousands of state employees report to work each day to do jobs that go largely unnoticed—until something goes awry. Then, of course, all hell breaks loose. A civil servant gets fined for receiving an unsolicited Christmas ham from a vendor (that really happened), but another employee, an administrator, gets caught claiming time on the job while actually on vacation and nothing gets done.

Let a few rank and file state troopers drive across country for a conference at the direction of the State Police Superintendent and they are punished while the superintendent is allowed to retire—with full benefits.

Let another agency head trade sex with the manager of a restaurant in exchange for a permit to operate and nothing happens. But that same agency head dished out arbitrary punishment and fired employees for no cause and it took civil lawsuits to bring some measure of justice. And not even all of the lawsuits produced satisfactory results for the fired employees.

I write all that to say that while little seems to get done much of the time, there is one agency that has uncovered nearly $6.3 million in criminal violations, initiated investigations that have resulted in 51 criminal prosecutions that have resulted in produced 57 terminations or resignations.

A hard-charging, politically ambitious, headline-seeking prosecutor?

Nope. Just the work-a-day numbers-crunchers working for Louisiana Legislative Auditor Daryl Purpera.

From Jan. 1, 2015, through Nov. 13, 2017, Purpera’s office has submitted 108  investigative audits of local and state government agencies, boards and commissions and quasi-public entities. From those 108 investigative audits came 72 actual reports with 200 findings reported and 555 recommendations made.

summary of projects

An investigative audit, by definition, is far more serious than routine audits that agencies undergo on a regular basis. Before embarking on an investigative audit, there must be a reason for the auditor’s office to suspect some kind of wrongdoing.

The dollar amount covered in those 118 investigative audits was $148.96 million dollars with almost $6.3 million in alleged criminal violations turned up.

Some of the more high-profile investigative audits performed during the 22-month period included:

  • Misappropriation of funds by an employee of the Evangeline Parish Sheriff’s Office;
  • Misapplication of funds at Northwestern State University in Natchitoches;
  • Improper payments and tickets to athletic events at the University of Louisiana-Lafayette;
  • Improper expenditure of $268,000 by the Institute for Academic Excellence in New Orleans;
  • Improper expenditure of $360,000 by the Municipal Employees’ Retirement System;
  • Nearly $800,000 in seized cash assets was not deposited in the account of the 9th Judicial District Attorney in Rapides Parish;
  • Employees of the Ouachita Parish Clerk of Court Office improperly paid for 51 days that they did not work;
  • Numerous violations by management at Angola State Penitentiary which resulted in the resignation of Warden Burl Cain and others;
  • Nearly $200,000 in seized cash assets was not deposited in the account of the District Attorney’s Special Asset Forfeiture Fund as required by the Acadia Parish Sheriff’s Office;
  • Mismanagement and missing state equipment from the Louisiana Department of Wildlife and Fisheries;
  • Improper use of state vehicle, hotel rooms, personnel, meals and training facilities by management personnel of Louisiana State Police;
  • Improper use of $164,000 of state funds by two employees and a student worker, unauthorized use of student identification cards, unauthorized free meals totaling more than $12,600 and improper advances of financial aid to students at Grambling State University.
  • Failure of the Non-Flood Protection Asset Management Authority in New Orleans to collect more than $600,000 in boat slip rental fees.

So, while it’s easy to criticize civil servants, it’s important to understand that while the public perception may be one of “deadheads,” they are people just like you—people with mortgages, student debt, family illnesses, and myriad other concerns (again, just like you). They are your neighbors, your friends and your relatives and they show up for work every day—just like you. And they struggle to make ends meet—just like you.

Given that, it’s a little difficult for me to understand how someone like autocrat Trump can pretend to say he relates with 800,000 federal workers who are facing the second pay period without a paycheck.

It’s puzzling also that daughter-in-law/adviser Lara Trump calls the government shutdown during which federal employees have to resort to food banks to eat, hold garage sales to pay the rent, or worse, be ordered to work without pay thus preventing them from taking part-time jobs that do pay, “a little bit of a pain.” This privileged, self-centered little rich girl has never known “a little bit of a pain.” so, how the hell can she relate?

And how can Trump economic adviser Kevin Hassett even dare to suggest that idled workers are better off because they’re benefiting from “a free vacation”? That’s unsurpassed arrogance.

But Commerce Secretary Wilbur Ross took the prize by suggesting that federal workers simply run out to the corner bank or credit union and float a loan.

Perhaps Ross was trying to encourage them to borrow from the Bank of Cyprus that he once headed as it washed the money of Russian oligarchs.

All of this just so Trump can try to score some kind of vague point in order to say he’s a winner.

But my question to all those I’ve talked to who suddenly think a wall is of the utmost importance to the continued existence of a free and pure America is simply this:

Did you ever—even ONCE—consider the crushing need for a wall before Trump tossed the idea out as a throw-away line during a campaign stop in 2016? Did you know he was instructed to do that by his handlers only as a means of keeping him on topic?

Neither Trump, you, your mama, my mama, nor anyone else had ever given a wall a fleeting thought until then. Suddenly, it became the holy grail for all his followers who were unable to come up with an original thought of their own. And so, they fell in lockstep and followed, like so many sheep.

But there was another part to his promise that he has quietly dropped.

Mexico ain’t paying for it.

So, that’s my tribute to public employees, both state and federal and I hope to hell every one of them remembers our two U.S. Senators and five of our six U.S. Representatives who blindly support Trump’s every asinine utterance, tweet, and stumbling, bumbling, fumbling action.

 

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It’s no secret that LouisianaVoice has often been in disagreement with actions of the Louisiana State Police Commission (LSPC), the Louisiana State Troopers Association (LSTA) and LSTA legal counsel Floyd Falcoln. So, to say it took the perfect storm to bring us all into accord is something of an understatement.

The Louisiana State Police Commission (LSPC) has inserted itself into a roiling controversy surrounding actions by a former Sterlington High School football coach and in the process, crossed swords with the Ouachita Parish School Board.

And while at first blush, it would seem inappropriate for a state agency like LSPC to engage itself in local matters, especially in the discipline of a high school coach, Robert Burns of the blog Sound Off Louisiana provides key insight into how double standards are applied at the sacred altar of high school football.

Thanks to Burns and his POST of today (Sept. 11) which was re-posted by Walter Abbott’s LINCOLN PARISH NEWS ONLINE, we have a pretty clear picture of why the LSPC, the equivalent of the state police civil service commission, got itself involved in a local matter—and we concur fully in the LSPC action.

In April 2017, when a student party ran short of beer, Sterlington football coach JACK GOODE voluntarily provided partiers with more booze, including vodka. When 16-year-old Chandler Jones resisted the hard stuff, Goode forced him to drink it until he got sick. Goode then struck the teen several times in the chest and face.

A responsible adult, upon being told by a bunch of teenagers that their party had run out of beer, would have shut the party down immediately. But Goode, by all accounts, was anything but a responsible adult on the night in question. In fact, Ouachita Parish sheriff’s deputies described him as “highly intoxicated.”

That was bad enough but it turned out that the Jones teenager was the son of state trooper Joseph Jones who, though off-duty, arrived on the scene simultaneous to the arrival of Ouachita Parish sheriff’s deputies. Jones had been contacted by a deputy who was the parent of another student at the party.

Goode was arrested and charged with battery and contributing to the delinquency of a minor. District Attorney Steve Tew, however, reduced charges against Goode to misdemeanor battery. Goode walked away from the incident after paying a $300 fine and stepping down as a teacher and coach at Sterlington High School.

The LSPC became indirectly involved when it upheld disciplinary action against the elder Jones for involving himself in a sheriff’s office investigation while off-duty. By a 4-2 vote, Jones was handed a 12-hour suspension while Goode was quickly hired by the Ouachita Parish School Board as a teacher at West Monroe High School.

LSPC, incensed at Goode’s being allowed to remain in the school system after such egregious behavior while Jones received a suspension for doing what any reasonable parent would do under similar circumstances, fired off a LETTER highly critical of the board’s irresponsible actions.

The letter, signed by all seven LSPC members, said that even though Trooper Jones “acted with greater restraint than many parents would have under the circumstances,” the commission nevertheless meted out what it deemed to be appropriate discipline for Jones having intervened in a sheriff’s department investigation, discipline the letter said “was in order for a violation of State Police policies.”

“Yet, despite the horrendous conduct of Mr. Goode, we understand that he is still employed by the School Board and still has access to and authority over minors in your school system.

“This Commission is appalled that this School Board continues to employ Jack Goode in such a capacity after the events that occurred in April 2017, and (that) it continues to allow Mr. Goode to work as a teacher of minor children at West Monroe High School.”

Well, someone has to be the adult in the room and it’s obvious that neither Goode nor the Ouachita Parish School Board are prepared to stake out their claims to such lofty ideals.

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In 2013, the Louisiana Legislature passed and Gov. Bobby Jindal signed into law House Bill 703 which mandated that any state unclassified (appointive) employee earning $100,000 or more must be a bona-fide resident of the gret stet of Looziana.

The bill, which would become Act 264 of 2013 and which now goes by Louisiana Revised Statute 42:31, passed the HOUSE easily enough by a 70-20 margin with 15 members ducking out on the vote.

In the SENATE, however, it was quite another story with the bill squeaking through by a razor-thin 20-17 vote with two senators joining their 15 counterparts in the House in not voting.

The author of HB 703? That would be then-State Rep. John Bel Edwards.

Here are the specific provisions of the ACT:

  • Notwithstanding any other law to the contrary, any person hired or employed in an unclassified position as defined by the State Civil Service Commission, and whose annual salary or rate of compensation is equal to, or exceeds one hundred thousand dollars, shall, within thirty days of being hired or employed at such salary, provide proof to his public employer that he has been issued a Louisiana driver’s license and that all vehicles registered in his name are registered in Louisiana.  This requirement shall be deemed a qualification for the position for which the person was employed or hired, and for the duration of the person’s employment in the event the person’s salary is increased and the requirements of this Section are triggered.
  • All government agencies which hire or employ any person in an unclassified position as defined by the State Civil Service Commission, whose annual salary or rate of compensation is equal to, or exceeds one hundred thousand dollars, shall verify that such person has been issued a Louisiana driver’s license and that all vehicles registered in his name are registered in Louisiana.  The public employer shall verify the employee meets this requirement for the duration of this person’s employment.
  • Any person hired or employed in an unclassified position who does not meet the requirements of this Section, or who no longer meets the requirements of this Section, shall be removed and terminated within thirty days of the public employer learning such person does not meet the requirements of this Section.

Credit for the introduction and subsequent passage of the law has to go to the late C.B. Forgotston who spearheaded a one-man campaign against state government parking garages crammed with vehicles bearing out-of-state license plates.

C.B. took it as a personal affront that Louisiana tax dollars were being used to hire employees from other states who wouldn’t even bother to register their vehicles in Louisiana. His reasoning was the workers were perfectly willing to take money from the state but weren’t willing to pay their fair share of taxes by simply registering their cars here.

One of the biggest offenders, he learned, was the Louisiana Department of Education (LDOE).

Of course, not all the out-of-state employees were pulling down a hundred grand a year but there was this one guy that LouisianaVoice had occasion to write about.

His name was David Lefkowith, though his friends just call him Lefty.

When they see him, that is. Trouble is, he is considered a ghost by some of his co-workers who assumed he was long gone from LDOE. That’s because he doesn’t appear at the LDOE offices in the Claiborne Building across from the State Capitol.

You see, Lefty resides in Los Angeles and commutes to Louisiana if and when he has occasion to drop in to pick up an Enterprise rental at Louis Armstrong Airport in New Orleans and visit educational centers in Houma, Natchitoches, Lafayette, and Shreveport—but rarely Baton Rouge.

When LouisianaVoice first had occasion to write about Lefty back in 2012, he was knocking down $145,000 a year as something called the Director of the Office of Portfolio.

Act 264 of 2013 threw a monkey wrench in State Education Superintendent John White’s decision to pay Lefty $145,000 and when LouisianaVoice did a story recently about all the unclassified employees at LDOE pulling down $100,000 or more per year, a couple of LDOE employees expressed curiosity to LouisianaVoice as to why his salary was cut $45,000, to $100,000. LEFKOWITH IS NUMBER 197 on the list provided LouisianaVoice.

Well, truth be told, it was cut $45,000.10 to $99,999.90. That put him at a dime below the $100,000 threshold and allowed him to slither under the door.

That is a little trick White probably learned from Jindal who had a cute habit of issuing contracts of $49,999 in order to avert the requirement for proposals, or bids, for all contracts of $50,000 and above.

Still, commuting back and forth between California and Louisiana on a $100,000 salary doesn’t make much sense. It just doesn’t seem a sound fiscal decision unless LDOE pays for his flights back and forth.

Not so, says White.

I made a public records request for all expense payments made to Lefty and I also sent the following email to White:

From: Tom Aswell
Date: Friday, May 25, 2018 at 10:51 AM
To: John White <John.White@la.gov>
Subject: LEFKOWITH

John, for an employee no one in LDOE seems to remember seeing around the office, you certainly have paid him quite a tidy sum in travel and lodging expenses. I have a couple of questions in that regard:

  • How is he allowed to be a full-time employee of LDOE (at $100K per year) and reside in California?
  • What are his precise duties at LDOE. Please be specific?
  • What are his qualifications that you are apparently unable to find in a Louisiana resident?
  • Did you know him before he was brought into LDOE?
  • Does LDOE withhold state income taxes for Louisiana or California?

To his credit, White responded rather promptly, the very next day (a Saturday), in fact:

From: John White <John.White@la.gov>
Sent: Saturday, May 26, 2018 11:02 AM
To: Tom Aswell
Subject: Re: LEFKOWITH

Here is the web site that lists what Dave has developed and leads at the Department: https://www.louisianabelieves.com/courses/all-things-jump-start.

Dave attended Yale University as an undergraduate and Stanford University for business school. He spent more than 30 years as a management consultant across a wide array of industries.  The work outlined above is unique among states and speaks to his capacity to lead the mission with which he has been charged. I was not familiar with him prior to becoming state superintendent.

Dave pays taxes in both states and is reimbursed for work-related travel within the state, as other state staff are. He pays his own commuting costs.

Thanks for the note.

John

As for Lefty’s management consultant duties, one of those was an ill-fated plan, uncovered by reporters Michael Pollock and Chris Davis of the Sarasota (Florida) Herald-Tribune (Davis would move on to become leader of a Pulitzer Prize-winning investigative team at the Tampa Bay Times in St. Petersburg).

In 1998, when Jeb Bush was running for governor of Florida, Enron, then a fast-rising Houston energy broker, was in the process of diversifying into the potentially profitable new field of water supply privatization through a subsidiary called Azurix Corp.

Secretary of the Florida Department of Environmental Protection (DEP) David Struhs, a Bush appointee, was simultaneously promoting two concepts on behalf of Azurix: auctioning off blocks of water to the highest bidders and obtaining underground water and storing it for later withdrawal through a process called aquifer storage and recovery (ASR).

Enron sank $900 million in Azurix, hoping to duplicate the proposed action in two other states, California and Enron’s home state of Texas, as well as in South America. Ultimately, however, Enron lost $500 million when the project failed to materialize, eventually selling what was left of the company in 2001 to American Water Works as a precursor to the eventual collapse of Enron.

Struhs also pushed another project to deregulate energy in Florida and to open the state to competition by allowing companies to build power plants, using existing power lines for the purpose of selling electricity to the highest bidding utility or other customers.

Standing shoulder to shoulder with Struhs was his good friend, David “Lefty” Lefkowith, president of Canyon Group, Inc., of Los Angeles.

Back in 1991, President George H. Bush named 23 industrialists and environmentalists to the President’s Commission on Environmental Quality and named Struhs to run the commission. One of the 23 commission appointees was then-Enron CEO Kenneth Lay.

When Bush lost his re-election bid to Bill Clinton in 1992, Struhs went to work for Lefkowith as vice president of Canyon Group. Lefkowith has represented as many as 60 different electric power companies through his company.

By 1998, Struhs was working for Jeb Bush and Lefkowith was on board with the ill-conceived Florida water privatization project. “I don’t think water is so damn special,” he said at the time. “If you let markets take over, you’d find water was cheaper, there would be more of it, and customers would be better served.” He neglected to explain how water quantity would increase.

Fast forward to 2002 and Struhs and Lefkowith were back at the forefront of market manipulation in Florida at the behest of Jeb Bush, but by now, their dealings were with electric power companies. Struhs was DEP Secretary and Jeb Bush had set up Energy 2020 Commission, a group assembled to study deregulation.

This time when Struhs brought him in as a consultant, Lefkowith was given unlimited access to all the emails of Bush’s Energy 2020 Commission members and staffers even though most of the 2020 commissioners never heard of him, never saw him (sound familiar?) and never knew he access to their correspondence.

On Feb. 4, 2001, Struhs’ deputy chief of staff, Mollie Palmer, ordered a half-dozen top DEP employees to start sending Energy 2020 Commission documents to Lefkowith with emails from Energy 2020 Chairman Walter Revell or from commission executive director Billy Stiles to be “forwarded to Lefty upon receipt.”

After receiving a copy of that memo, Pollock and Davis requested copies of all documents sent to Lefkowith but DEP officials responded that no documents existed. (That sounds much like the responses received by Capitol News Service from the Division of Administration and from the Louisiana governor’s office.)

“Who is this guy to get this information?” asked Florida Democratic Party Chairman Bob Poe. “From the tone and tenor of these emails and communications, he is directing energy policy (for the state). What authority does he have to do that? And for what purpose?”

Democratic State Sen. Kip Campbell of Tarmarac was even less forgiving of the practice. “Suppose I was sending letters to Struhs, like ‘here is my thought process on what we are going to do legislatively.’ And Lefkowith knows this ahead of time. Lefkowith might be working for Calpine and all those other companies and selling that knowledge for profit. I’d be willing to wager he probably was.”

Lefkowith also attended strategy sessions with Gov. Jeb Bush to discuss findings of the Energy 2020 Commission.

In addition, he lobbied Florida utility representatives in private meetings on the issue of building power plants in order to broker power sales.

He would later use the information he had obtained as confidant to Struhs and Jeb Bush to wrangle a consulting job with the Florida PSC.

So, yes, Lefkowith has worked with a lot of different entities but appears to have trouble remaining at one job for very long.

Now about White’s claim that Lefty pays his own commuting costs.

A check of his travel, lodging and meal expense reports provided by LDOE pursuant to our public records request turned up a couple of interesting tidbits, not the least of which was that the records appear to be incomplete with Lefkowith claiming many days of travel in Enterprise vehicles but hotel expense records that can only be described as spotty and sporadic with a lot of gaps. Accommodations for days at a stretch are unaccounted for.

From 2013 through current available 2018 dates, travel records show that LDOE has shelled out more than $21,880 for auto rentals, meals, lodging, and airplane flights to Austin, Texas, Cincinnati, and New Jersey.

On one occasion, on September 3, 2013, he drove an Enterprise rental vehicle 833 miles from New Orleans to Houma and Shreveport and back and even though he was in a rental, he charged LDOE for 99 miles at 51 cents per mile, collecting $50.49 in mileage. (Note: at the time, state regulations allowed employees to be reimbursed for a maximum of 99 miles traveled in personal vehicles as a means to encourage them to drive state vehicles. Regulations do not permit mileage payments while driving rentals.)

In July 2017 Lefkowith rented an Enterprise vehicle for 21 days, paid for by LDOE, and drove the car, a Chrysler Pacifica, from his Los Angeles home to New Orleans, a distance of 1,169 miles on your dime—$609.94 in dimes, to be precise.

So much for White’s claim that Lefkowith pays his own commuting expenses.

For that matter, the idea of paying his own commuting expenses on a $100,000 (oops, sorry. $99,999.90) per year salary just doesn’t make sense.

It’s enough to make one wonder just how many expense reports requested by LouisianaVoice were not forthcoming.

Surely any omissions were simply oversights.

 

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Just when you thought enough had been written about the Louisiana State Troopers Association (LSTA), wouldn’t you know that the organization sent out solicitation letters to three members it had kicked out a couple of years back because they questioned the group’s political activity?

Talk about adding insult to injury.

But that isn’t really the story here. What’s interesting about this solicitation is that the Spring 2018 edition of Trooper Talk actually appears to sending out a not-so-subtle message that if you contribute enough money, you will get a handy little magnetic decal to stick on your vehicle to alert troopers that you gave and probably shouldn’t get a ticket for doing 85 in a 65.

Full disclosure: the story at the top of the page is an LSTA story about the appointment of Col. Kevin Reeves as Superintendent of State Police. Reeves is in no way connected to the LSTA fundraiser. This bulletin is published independent of Louisiana State Police.

And while the LSTA loves to point out how many wonderful projects it supports via its fundraisers, this time the solicitation seems to go out of its way to assure donors that, except for the cost of the newsletter and the decals, 100 percent of the money stays with the LSTA.

Maybe that’s because the LSTA is confident that the State Police Commission, the state police equivalent to the Louisiana Civil Service Commission, won’t lift a finger to investigate the association for its POLITICAL ACTIVITY even though such activity is clearly illegal.

The commission already has hired Natchitoches attorney Taylor Townsend under a $75,000 contract to conduct a non-investigation investigation of tens of thousands of dollars of LSTA political contributions funneled through the private bank account of its executive director David Young.

So, now there’s this Trooper Talk which informs potential donors that any contribution will get them a couple of window stickers that will, in case you are pulled over for a traffic violation, tell troopers that you are a cheapskate who wouldn’t even pony up $50. But if you give between $50 and $100, you will get a dandy “Silver Distinguished Donors badge.” Those donors will also be entered twice in a drawing for a vacation for two in the Canal Street Inn Bed and Breakfast in New Orleans.

Now this is just any old silver distinguished donors badge. It has a genuine magnetic back “and should be placed on the driver’s side of your vehicle’s trunk or rear door.” (emphasis added.) (Now, why would they suggest placing them there? For better trooper visibility perhaps, hmmm?)

What about those who give $100 or more? Good question. Those generous supporters will get a “Gold Distinguished Donors badge” and four chances at that dream vacation in New Orleans. Those benefactors will also be recognized on the LSTA website. (The site is visited by our troopers and the LSTA personnel,” the solicitation letter said (wink, wink).

And while the letter stresses that the money will remain with the LSTA, it would be unfair not to point out that the organization does do considerable charitable work with children and the families of troopers killed in the line of duty.

On the other hand, however, the LSTA recently announced that it was providing monetary assistance to members who were victims of the 2016 floods in Louisiana. But several retired troopers who also victims of the same floods complained that they received no assistance whatsoever.

Some of those same retirees have filed a complaint with State Police headquarters in Baton Rouge about the latest fundraising solicitation and its indirect suggestion that a large enough donation might help donors avoid a ticket.

 

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State Rep. Dustin Miller (D-Opelousas) has filed HOUSE BILL 724 that would provide an exception to certain provisions of the state ethics code that would allow a Louisiana Department of Health physician to skirt a conflict of interests—in other words, to circumvent the very situation ethics rules were put into place to prevent.

Miller’s bill would allow the physician, Dr. Harold Brandt, to perform in a dual capacity that has already been rejected by the ethics board in a 2016 RULING.

The ruling of July 18, 2016 informed Dr. Sreyram Kuy that he could not accept employment with a healthcare provider that accepted Medicaid payments for medical services because of her position as Medicaid Medical Director, Chief Medical Officer of the Bureau of Health Services Financing (BHSF) within the Department of Health and Hospitals (DHH), now LDH.

The decision, written by Jennifer T. Land, read, “The Board concluded…that the Code of Governmental Ethics prohibits you from being employed as a surgeon for OLOL (Our Lady of the Lake Regional Medical Center), other Louisiana licensed hospitals and other healthcare providers that accept Medicaid payments for medical services while you serve as Medicaid Medical Director/Chief Medical Officer of BHSF.”

Land cited the specific section which said the code “prohibits a public servant from receiving compensation for services rendered to the following persons: (1) those who have or are seeking to obtain a business, contractual or financial relationship with the public servant’s agency, (2) those who conduct operations or activities that are regulated by the public servant’s agency, and (3) those who have a substantial economic interest that could be affected by the performance or non-performance of the public servant’s official duty. OLOL, other Louisiana licensed hospitals and other healthcare providers that accept Medicaid payments for medical services are regulated by your agency, BHSF. Therefore, as the Medicaid Medical Director/Chief Medical Officer of BHSF, you are prohibited from being employed by or from providing compensated services to these entities.”

What makes Miller’s bill particularly interesting, however, is that both Dr. Kuy’s predecessor, LDH Secretary Dr. Rebekah Gee, and his successor, Dr. Harold Brandt, each worked in that same position without bothering to request an ethics ruling, apparently falling back on the Nike slogan “Just do it.”

In fact, in the case of Dr. Brandt, LouisianaVoice has been informed that he was reappointed to the position with the proviso that Miller’s bill would be introduced in order to change the existing law to accommodate him. This despite the fact that an ethics review was requested of LDH legal to determine if such an arrangement was acceptable, and the answer was no, according to sources.

On Jan. 25, LouisianaVoice published a story in which it was revealed that Dr. Brandt previously served as Medical Vendor Administrator (Medicaid Medical Director) for LDH from April 7, 2016 to Sept. 2, 2017 at a rate of $156.25 per hour while he simultaneously served on the staff of BATON ROUGE CLINIC, which received $83,000 in PAYMENTS from LDH during Dr. Brandt’s tenure at LDH.

the Medical Director serves as chairman of the Medical Quality Review Committee, so LDH legal was asked for a second opinion whether any ethics concerns existed in regards to that capacity.

The response was the following potential issues identified under the Code of Governmental Ethics. The Medicaid Quality Committee (Committee) of the Louisiana Department of Health, Bureau of Health Services Financing, fulfills the role of the Medical Care Advisory Committee required by 42 CFR 431.12.  According to its Bylaws, the Committee provides focus and direction for Medicaid program quality activities that assure access and utilization of quality, evidence-based healthcare that is designed to meet the health needs of all Louisiana Medicaid and Children’s Health Insurance Program (CHIP) recipients through:

  • Establishing and maintaining sound business and clinical practices/benchmarks that ensure a system of internal controls and support optimal performance within established thresholds;
  • Driving meaningful and measurable collaboration between the LDH agencies BHSF, Office of Behavioral Health (OBH), Office of Public Health (OPH), Office of Aging and Adult Services (OAAS), and Office for Citizens with Developmental Disabilities (OCDD), with a focus on demonstrating improved care and service for Medicaid recipients by using evidence-based guidelines;
  • Creating and sustaining a vibrant evaluation process for Louisiana Medicaid benefits and services and health care delivery systems that is based on integrity, accountability, and transparency;
  • Offering expertise and experience of Committee members to recommend improvements to BHSF that will serve to better meet the healthcare needs of recipients in a cost efficient manner;
  • Sharing Committee recommendations with recipients, providers and policy leaders; and
  • Forming subcommittees to address specific areas of care, as needed.

The Committee’s functions are advisory and shall include:

  • Monitoring ongoing metrics and ensuring findings are reported on a regularly scheduled basis (quarterly or annually);
  • Ensuring key quality initiatives are identified to align with regulatory and business requirements;
  • Overseeing quality improvement projects and ensuring coordination and integration of the quality improvement activities;
  • Reviewing performance results and providing feedback and recommendations to the MCO action plans; and
  • Participating in the evaluation of the Medicaid Quality Program by evaluating the quality, continuity, accessibility, and availability of the medical care rendered within Louisiana.

The Secretary of LDH appoints all non-permanent Committee members, which must include board-certified physicians and other health professionals familiar with the medical needs of low-income population groups and with the resources available and required for their care, in accordance with 42 CFR (Code of Federal Regulations) 431.12(d).  Additionally, the members of the standing subcommittees are appointed by the Louisiana Medicaid Medical Director, who serves as the permanent Chair of the Committee.

La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.

As such, La. R.S. 42:1113B would prohibit Medicaid providers from serving, despite 42 CFR 431.12(d) effectively requiring they be appointed to the Committee or subcommittees. LDH should consider proposing an amendment to the Code of Governmental Ethics to provide an exception for Medicaid providers appointed to serve on the Medicaid Quality Committee or any of its subcommittees.

Unconfirmed reports said that Brandt prevailed upon Gov. John Bel Edwards to write Dr. Gee to request that he be allowed to continue serving as Medical Director for LDH.

An attempt was made to reach Dr. Brandt at LDH but his phone line was forwarded to a non-working number. The Department of Civil Service has no record of his employment after last Sept. 2.

LouisianaVoice has made a public records request of LDH for all correspondence between Dr. Brandt and Edwards, between Dr. Brandt and Dr. Gee and between Edwards and Dr. Gee relative to Brandt’s employment.

LDH received an email today (April 3) from LDH to the effect that it would take 30 days to provide such records. It takes only a simple keystroke to retrieve such messages from email files, however. They can be produced in a matter of seconds.

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