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Archive for the ‘Civil Service’ Category

The clock has run out on Gov. Bobby Jindal and like the Honey Badger, he’s now yesterday’s news insofar as any aspirations either one may have had for bigger and better things.

Realistically, time had run out on Louisiana’s wunderkind some time ago even though like a loyal trooper, he keeps soldiering on—perhaps hoping for a prestigious cabinet position like Secretary of Health and Human Services, something he denies aspiring to.

“I would not consider a cabinet post,” he sniffed like the spoiled little boy that he is after being passed over for the vice presidential nomination by Mitt Romney. “I consider being the governor of Louisiana to be more important and the best job there is.” Well, it is the only job he has for the moment and if he doesn’t challenge Mary Landrieu in 2014, we’re stuck with him through 2015.

Break out the champagne.

We can only surmise that Secretary of Education is out of the question since both Romney and Paul Ryan advocate that department’s abolishment in favor of state and local control (read: vouchers), although Romney has tempered his position somewhat.

But Jindal’s real quandary is not that he was passed over for vice president, but that he needs desperately to advance his career quickly—before all his “reforms” as governor come crashing down around him, doing even more damage to his reputation than that disastrous response to President Obama’s State of the Union Address in 2009.

That image as the crusading reformer who gets things done against all odds is already beginning to wear thin in Louisiana and it’s only a matter of time before the national media begin to take a critical look at his administration. The Washington Post and New York Times already have.

Beginning with his repeal of the Stelly Plan only a few months into his first term—the move is costing the state about $300 million a year while benefiting only couples earning more than $150,000 per year or individuals making $90,000 per year—through this year’s veto of a car rental tax renewal for New Orleans, Jindal his consistently found ways to cut taxes while doling out tax breaks to corporate entities.

In 2011, the legislature could not muster the votes to override a Jindal veto of a cigarette tax renewal and the renewal had to go before voters in the form of a constitutional amendment—which easily passed.

While he defiantly categorizes tax renewals as “new taxes,” to which he is adamantly opposed, he has no compunctions about cutbacks to higher education that force colleges and universities to increase tuition. He considers the tuition hikes as “fees,” not taxes.

While turning up his nose at federal grants for early childhood development ($60 million), broadband internet installation in rural parishes ($80.6 million) and for a high-speed rail system between Baton Rouge and New Orleans ($300 million), Jindal, upon slashing funding for parish libraries throughout the state, apparently saw no inconsistency in suggesting that the libraries apply for federal monies in lieu of state funding.

The grumblings began ever-so-slowly but they have been growing steadily. The legislature, albeit the right-wing Tea Party splinter clique of the Republican Party, finally stood up to Jindal toward the end of this year’s legislative session and refused to give in on the governor’s efforts to use one-time revenue to close a gaping hole in the state budget.

Other developments that did not bode well for the governor include:

• A state budget that lay in shambles, resulting in mid-year budget cuts of $500 million because of reductions in revenue—due largely to the roughly $5 billion per year in corporate tax breaks;

• Unexpected cuts to the state’s Medicaid program by the federal government which cost the state $859 million, including $329 million the first year to hospitals and clinics run by Louisiana State University—about a quarter of the health system’s annual budget. Those cuts will mean the loss of medical benefits for about 300,000 indigent citizens in Louisiana;

• Failed efforts to privatize state prisons, even though he did manage to close two prison facilities and a state hospital without bothering to notify legislators in the areas affected—a huge bone of contention for lawmakers who, besides having their own feathers ruffled, had to try and explain the sudden turn of events to constituents;

• Revelation that he had refused to return some $55,000 in laundered campaign funds from a St. Tammany bank president;

• Failed efforts to revamp the state employee retirement system for civil service employees. State police were exempted—perhaps because they form his security detail. And despite questions about the tax or Social Security implications, Jindal plans to plunge ahead with implementation of the part of the plan that did pass without the benefit of a ruling by the IRS—a ruling that could ultimately come back to bite him;

• A failed effort by the Sabine River Authority to sell water to a corporation headed up by two major Jindal campaign contributors—Donald “Boysie” Bollinger of Lockport and Aubrey Temple of DeRidder;

• A school voucher system that is nothing less than a train wreck, a political nightmare. State Education Superintendent John White, after Jindal rushed the voucher program through the legislature, rushed the vetting process for the awarding of vouchers through the Board of Elementary and Secondary Education, abetted by members Penny Dastugue, Jay Guillot and Chas Roemer—quickly turning the entire process into a pathetic farce;

• A school in New Orleans run by a man calling himself an “Apostle,” a school in Ruston with no facilities—classrooms, desks, books or teachers—for the 165 vouchers for which the school was approved, tentative approval of vouchers for a school in DeRidder that could not even spell “scholarship” on its sign and for a school in Westlake that teaches that the “Trail of Tears” led many Native Americans to Christianity, that dragons were real, that dinosaurs and humans co-existed at the beginning of time (6,000 years ago, the approximate age of earth, according to its textbooks), that slave owners in America were kind, benevolent masters who treated slaves well, and that the Ku Klux Klan was a helpful reform-minded organization with malice toward none (Don’t laugh, folks; this is what many of these fundamentalist schools who qualified for vouchers are teaching.);

• Then there’s that charter school in Delhi that held girls to a slightly higher standard than boys. Any girl who became pregnant was expelled and any girl even suspected of being pregnant may be ordered to undergo an examination by a doctor of the school’s choice. The boy who gets her pregnant? Nothing. No punishment, no responsibility. Only after being subjected to public exposure, ridicule and criticism did the school alter its policy;

• A state legislator who said she approved of vouchers for Christian schools but not for an Islamic school in New Orleans because this country was founded on the Christian principles of the founding fathers, neglecting for the moment that the founding fathers were for the most part, Deists;

• And to top it all off, White smiles condescendingly and tells us that the criteria applied for approval of vouchers for these schools is part of the “deliberative process,” a catch-all exemption employed by the administration when it doesn’t wish to provide what are clearly public records—an administration, by the way, that touts its so-called “transparency.” Fortunately for the public, the Monroe News-Star is taking White’s pompous behind to court over that decision. (Confidentially, it is the humble opinion of LouisianaVoice that White never had any criteria and that he is creating policy and criteria on the fly because he simply is in way over his inexperienced, unqualified head as the leader of the agency charged with the education of our children. And that perhaps is the most shameful aspect of the entire voucher system and the single biggest act of betrayal on the part of a governor equally overwhelmed by the responsibilities of public office—especially an absentee governor.)

So as the Jindal Express rumbles down the track like a bad motorcycle going 90 miles per hour down a dead-end street (with apologies to Hank Snow) and things begin to unravel on the home front, just where is this absentee governor?

Well, it seems that rather than remain in the state and address the problems that are piling up and growing more complex with each passing day, he seems to prefer to spend his time stumping for Romney—or auditioning for a cabinet position he says he won’t accept—after seeing his chances for the vice presidency fall by the wayside.

A mature governor, a caring governor, a capable governor—one who is truly concerned about the welfare of his state—would defer from flitting all over the country spouting rhetoric on behalf of his presidential candidate in favor of remaining at home and addressing problems that are very real and very important to the people who elected him. Romney, after all, never once voted for Jindal.

There could be only one motive for turning his back on nearly 600,000 voters who first elected him in 2007 and the 673,000 who re-elected him last fall: he doesn’t really care about Louisiana and its people; he cares only about Bobby Jindal and those who can help him in the advancement of his political career.

If Gov. Jindal was truly concerned about the welfare of Louisiana, he certainly would have provided us with an encore of his hurricane and BP spill disaster performances: he would have headed straight to Assumption Parish to grab some TV face time at the Bayou Corne sinkhole and then flown away in a helicopter even as a ghost writer busied himself penning a book sequel: Failed Leadership and Fiscal Crisis: the Crash Landing.

That’s the very least he could do.

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BATON ROUGE (CNS)—The Retired State Employees Association (RSEA) Board of Directors has authorized the RSEA staff to move forward with the hiring of an attorney to proceed with litigation challenging the constitutionality of recently passed House Bill 61 by Rep. Kevin Pearson (R-Slidell) which became Act 483 of the 2012 Louisiana Regular Session, upon the signature of Gov. Bobby Jindal.

The act, commonly referred to as the “Cash Balance Plan” (CBP), is future, non-hazardous-duty state employees of the Louisiana State Employees’ Retirement System (LASERS), post-secondary education members of the Teachers Retirement System of Louisiana (TRSL), and is optional for certain other members of Louisiana School Employees’ Retirement System (LSERS) hired on or after July 1, 2013.

The act is being challenged on constitutional grounds with RSEA claiming that it did not receive a two-thirds vote in the House of Representatives as required under Article X, Section 29(F) of the Louisiana Constitution to enact benefit provisions for members of any public retirement system which has an actuarial cost.

The bill passed by a majority of the House (68-36) but lacked the required 70 votes.

The two-thirds vote was required since the legislative actuary determined that the CBP has an actuarial cost. The actuary wrote in his official legislative actuarial note that “the Cash Balance (CB) Plan will cost more than the current Defined Benefit (DB) Plan.”

The constitutional requirement was intended to add an extra level of protection against increasing the costs of the retirement systems, RSEA said.

“It is therefore the conclusion of RSEA and our attorneys that this legislation requires a two-thirds vote for passage, rather than a simple majority,” said Frank Jobert, Jr., executive director of RSEA.

RSEA President Benny G. Harris said members of the RSEA board of directors, representing the interests of current and future state employees and retirees throughout the state, “could not let the defined benefit retirement plan fall by the wayside on their watch by virtue of a ‘defective’ piece of legislation without a property legal challenge in the courts.

Attorneys Robert Tarcza of New Orleans and Robert Klausner of Plantation, Florida, are handling the case for RSEA and plan to file suit in 19th Judicial District Court in Baton Rouge next week. To be named as defendants will be the State of Louisiana, Gov. Bobby Jindal, and State Treasurer John Kennedy.

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LouisianaVoice will soon have a sister publication in the form of an online state newspaper, according to publisher Tom Aswell.

The new feature, which will be published online in newspaper format, will be a weekly publication geared exclusively to Louisiana political news.

“This will be a free-subscription publication because we want everyone in Louisiana—and elsewhere—to have access to what elected and appointed officials are doing that affect the daily lives of Louisiana’s citizens,” Aswell said.

The name of the new publication will be Louisiana Free Press and will be accessible via the link http://www.louisianafreepress.com, Aswell said.

Louisiana Free Press will be supported 100 percent by advertising revenue and our coverage will be broadened from publishing a single story at a time. There will be multiple stories posted each Friday and the coverage will vary greatly.

Several writers will be contributing coverage of many more agencies than have historically been covered by LouisianaVoice.

These writers will be covering the Louisiana Supreme Court proceedings, Louisiana Attorney General opinions, audit reports of all state and local agencies as they are provided by the Legislative Auditor’s office. Moreover, coverage of agencies will be increased—agencies like the Department of Health and Hospitals, Department of Environmental Quality, Department of Natural Resources, Department of Wildlife and Fisheries, and the Department of Education, the Board of Elementary and Secondary Education, Board of Regents, University of Louisiana System Board of Supervisors and the Public Service Commission, the governor’s office, the lieutenant governor, state treasurer and the legislature, as well as other more obscure state boards and commissions.

“We feel it is important that Louisiana’s citizenry remain informed about what their public officials are doing in Baton Rouge, New Orleans and elsewhere,” Aswell said.

“This is an ambitious endeavor but for too long, too many agencies, board and commissions have operated under the radar of the media,” Aswell said. “We anticipate that is about to change.

“That is not to say that everything we write will be of an investigative nature or that each story will be some major exposé. Most will be of a routine nature but will provide news otherwise not available to the public.”

LouisianaVoice will issue further updates as the schedule for launching Louisiana Free Press develops.

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Times are hard, the state budget is in the dumpster with devastating cutbacks to Medicaid, state hospitals and higher education, and layoffs of state employees abound, thanks to the untimely combination of privatization and revenue shortages.

But not to worry: the Louisiana Office of Student Financial Assistance (LOSFA), which recently advertised to fill a $76,000-a-year position—restricted to agency employees only, thank you very much—on the heels of the layoff of 58 employees, is going forward with its annual off-site annual Strategic Planning Session for upper management at a cost of $3,500 to the agency.

LOSFA Executive Director Melanie Amrhein did say that in years past both days of the session have been held off-site (at $6,000 cost for each of the past three years, according to records provided LouisianaVoice subject to its public records request). Those costs include a $1,000 set-up cost and $2,500 per day for the session at the conference facilities of SSA Consultants, Inc. of Baton Rouge, complete with the obligatory “facilitator.”

The session will be held Aug. 30-31.

Amrhein said this year only one day of the session will be held at SSA with the other day of the event to be on-site. “It will be for one day instead of two,” she said of the SSA session, “and the cost will be one-half.”

Actually, assuming SSA will still charge the usual $1,000 set-up fee, the fee would be $3,500, or 70 percent of the usual cost, for about a dozen people expected to attend, she said.

Amrhein said it was considered “important to be away from our building with the facilitator” during the session in order to avoid distractions that would likely occur if held in the LOSFA offices.

During former Gov. Mike Foster’s administration, eight new state office buildings were constructed–each containing meeting rooms of all sizes designed to accommodate meetings, seminars and conferences. State agencies are not charged for use of the state facilities.

LOSFA is located in the Galvez Building at the corner of North and Fifth Streets in downtown Baton Rouge, within two blocks–easy walking distance–of three of those buildings.

Asked why the LOFSA Strategic Planning Session was not scheduled for one of the other seven buildings, Amrhein said, “It’s always been held off-site, or at least since I arrived here in 1999.”

“We need a five-year plan by July 1, 2013. That’s why this session is important,” she said.

“It’s not going to be restricted only to executive staff,” she said. “All directors in the office will be attending. Every division or agency in the state is encouraged to do this.”

She said the cost of the event will not come from state general funds, but from fees collected by the agency.

LouisianaVoice had requested a copy of this year’s contract along with those provided by LOSFA but it was not provided with the rest because, Amrhein said, “It has not been finalized yet.”

The 58 employees were laid off last month when LOFSA ceased guaranteeing student loans after the office’s loan program was ordered outsourced by Gov. Piyush Jindal.

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At least one of the three companies that submitted proposals to replace the Office of Group Benefits (OGB) as a third party administrator (TPA) for OGB’s preferred provider organization (PPO) has done what the Louisiana Civil Service Commission lacked the courage to do: ask tough questions about the selection process.

In fact, United Healthcare on Friday filed a formal protest over the awarding of the three-year, billion dollar contract to Blue Cross/Blue Shield of Louisiana (BCBS).

Reports received by LouisianaVoice indicate there was only a 20-point differential between BCBS and United in the scoring and that BCBS did not have the best score in certain important segments of the overall proposal, namely for the score on claims processing, an area in which one source said BCBS was actually the highest of the three companies.

The Civil Service Commission on Wednesday voted 3-2 in favor of approving the BCBS contract that will result in 121 OGB employees losing their jobs. The approval came after scant testimony supported by an eight-page Power Point presentation by the Division of Administration (DOA) and after allowing opponents less than 20 minutes in which to state their opposition.

Word leaked out immediately following the commission meeting that there had been heated discussion among commission members prior to their entering the aptly-named Louisiana Purchase Room for the meeting—in apparent violation of the state’s open meeting law.

It was also clear from the tone of commission members’ questions, mostly soft balls lobbed at DOA and OGB officials. Conversely, attorney J. Arthur Smith, representing about 100 OGB employees was allowed 15 minutes to present the opposition’s side as commission members appeared to pay scant attention and offer no follow up questions.

When Smith later attempted to correct what he said was incorrect information provided by DOA, commission Chairman David Duplantier rudely stopped him, saying, “This is not a public debate. This proposal was received by the commission in April and you submitted a three-inch thick set of documentation to us on Monday.”

Jindal has benefitted financially from BCBS and its parent company, Louisiana Health & Indemnity. The two combined to funnel $56,000 to Jindal’s political campaign and BCBS gave an additional $100,000 to the Supriya Jindal Foundation, a charity run by Jindal’s wife.

Jindal has been attempting to privatize OGB for more than a year now and is currently on his third agency director since initial efforts to privatize OGB.

Tommy Teague was fired on April 15, 2011, after failing to demonstrate sufficient enthusiasm for the privatization plan.

Teague had taken the agency from a deficit of about $60 million to a $500 million surplus in just over five years.

His successor, Scott Kipper, lasted only six weeks after testifying before a legislative committee that were it left for him to decide, he would not lay off any of the OGB employees. His remarks were made only minutes after his boss, Commissioner of Administration Paul Rainwater had insisted that OGB needed to be downsized by 149 positions.

Rainwater visibly winced at Kipper’s comment and his departure was announced soon thereafter.

It was not immediately clear if United Healthcare, if its protest is denied, would file a lawsuit over the selection of BCBS.

Humana was the other company that submitted a proposal for the PPO takeover.

Two years ago, when BCBS was selected as the TPA of the HMO program for state employees, Humana and United Healthcare filed suit and the court ordered the state to re-bid the proposal.

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