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Archive for the ‘Civil Service’ Category

Employees of the Louisiana Department of Education (LDOE) are concerned, as are most state employees, about proposed radical changes to the state retirement plan that could radically alter the lives of tens of thousands of state workers.

But for some in the department, there is a greater concern: a Notice of Impending Layoff that went out on Tuesday, April 10.

“In accordance with the requirement of Civil Service Rule 17.12(a), notice is hereby given of an impending layoff to be effective no later than June 30, 2012, in the Louisiana Department of Education,” began the memorandum from State Superintendent John White.

“This layoff is being proposed due to elimination of 58 authorized positions (which includes vacancies) from the Table of Organization and a reduction of state funds in the Operating Budget for FY 2013,” White said.

It is not immediately known how many active employees will be affected, but there were indicates that most of the 58 positions to be abolished were unfilled positions.

“Once the layoff plan has been approved by the Director of Civil Service, it will be made available to you via the LDOE Intranet,” white said.

Employees to be impacted by the reduction in force are scheduled to be notified this week, the memorandum said. “Any questions concerning this matter should be directed to Kim Fitch, Human Resources Director,” it said.

Affected employees, among other things, are required to respond to any relocation offer. Failure to comply will be considered a declination of the offer, White said.

“Once an employee accepts or declines a relocation offer, the decision is final,” he said.

Similar notices have gone out to other agencies in past months, including the Office of Risk Management, the Louisiana Office of Student Financial Assistance and the Department of Health and Hospitals.

A similar notice is expected to go out soon to employees of the Office of Group Benefits where about 130 employees are expected to lose their jobs to the privatization of the agency’s Preferred Provider Organization (PPO).

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“Once again, Bobby Jindal intends on ramming a bad bill through the Legislature because he knows that bad policy can’t withstand public scrutiny. This governor doesn’t care anything about public employees or the middle class. He just wants to streamline and privatize on the backs of state employees.”

–Leonal Hardman, president of District Council 17 of the American Federation of State, County and Municipal Employees (AFSCME), commenting on House Bill 850 by Rep. Henry Burns (R-Haughton), a bill being advocated by Gov. Jindal.

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If you like irony (and who doesn’t?), you should like this little item:

The State Civil Service Commission will meet Wednesday at 9 a.m. to discuss the proposed outsourcing of the Office of Group Benefits (OGB) plan.

Don’t see the irony yet? Well, consider this: the meeting will be held in the Claiborne Building’s Louisiana Purchase Room.

What could possible be more appropriate—and ironic—than for the administration’s proposal to be held in the Louisiana Purchase Room? The governor, after all, is attempting to sell out 60,000 state employees in general and about 170 employees of OGB in particular who would lose their jobs.

In other developments in and around the Capitol, the governor’s office has been awfully defensive about a report critical of Jindal’s retirement reform legislative package.

A 38-page report by the Dallas law firm of Strasburger & Price cited legal cases in 18 different states as well as seven Louisiana legal cases in concluding that virtually all of the provisions sought by Gov. Bobby Jindal would not stand up to constitutional challenges.

The analysis and subsequent study was commissioned by Legislative Auditor Daryl Purpera and was originally posted on the agency’s web page.

In ordering the report, Purpera must know that he placed his career in jeopardy; Jindal does not take criticism or even mild disagreement lightly.

The governor’s office initially pooh-poohed the report, intimating that the law firm with offices in Houston, San Antonio, Austin, New York and Washington, D.C., in addition to its Dallas office, was unqualified to interpret the intent of the House bills 53, 55 and 56 and Senate bills 51, 52, 42, 47.

In a formal statement, Jindal’s office denied that the additional 3 percent in employee contributions called for in HB 56 and SB 52 would go into the state’s general fund and denying that the additional 3 percent would constitute a tax on state employees.

Under provisions of the Louisiana Constitution, the legislature is prohibited from initiating any tax legislation during even-numbered years.

The governor’s denial was the first indication by his office or any other source that the money from the 3 percent would not be diverted into the general fund.

Everything that has been said up to the time of the governor’s response to the report indicated that the 3 percent would go neither to additional retirement benefits nor to reduce the Louisiana State Employees’ Retirement System (LASERS), but to the general fund.

It is strange that the governor would remain silent for so long on that particular issue and his sudden defensive posture as a result of an independent study should raise more question than answers.

Is Jindal, like Rep. Stephen Carter (R-Baton Rouge) was with the education bills he authored, completely oblivious to his own proposed legislation? [Or should that be the proposed legislation of the American Legislative Exchange Council? ALEC)]

The observation that Gov. Jindal cannot stand criticism is steeped in the reality of what happens when a subordinate differs with the governor.

Jim Champagne was fired when he disagreed with Jindal’s repeal of the state’s motorcycle helmet law. Board of Elementary and Secondary Education member Tammie McDaniel was forced off the board when she resisted the governor. Melody Teague testified against Jindal’s plan to streamline government during a hearing to accept public comment. She was fired the next day and it took her six months to get her job back. Her husband, Tommy Teague, was fired as director of the Office of Group Benefits when he was not enthusiastic enough on the administration’s plan to privatize the agency despite the fact that he took OGB from a $30 million deficit to a $500 million surplus in five years. Then, Martha Manuel was “Teagued” from her position as executive director of the Office of Elderly Affairs after she testified that she had not been informed in advance of the governor’s plans to move her agency from the governor’s office to the Department of Health and Hospitals (DHH).

There are those who would be quick to point out that the legislative auditor does not work for the governor, but for the legislature, and they would be correct.

But there are also those who have observed how this governor works and they understand that he has complete control of a weak and submissive legislature and it would be a small matter for Jindal to come down hard on Purpera through House Speaker Charles “Chuckie” Kleckley (R-Lake Charles).

But if it’s real irony you want, then there is the faint hope that the Civil Service Board might take the same action it die with the proposal to privatize the Information Technology (IT) section of the DHH, which would have put about 60 IT workers on the street.

In that case, back in February, the Civil Service Board simply said no. Board members said there was not nearly sufficient information provided on which they base an informed decision. One member said he had been in banking for most of his adult life and still could not interpret the figures provided by DHH. In short, they just didn’t buy the numbers.

The Civil Service Board is another of those agencies the governor can’t touch—theoretically, at least. The president’s of the state’s private colleges and universities submit nominees to the board and it is from those nominees that the governor is constitutionally bound to make the appointments. And since the private colleges and universities are unfettered by state appropriations and appointments, the image of independence prevails, or should.

Of course, one member of the board is a state classified employee elected by state employees and there could be reprisals for a wrong vote.

The Civil Service board, back in 2010, approved the governor’s proposal to privatize the Office of Risk Management based on projections that such a move would save the state millions of dollars. The results have been questionable at best.

First, the state paid F.A. Richard and Associates (FARA) of Mandeville $68 millions to take over the administration of the state’s agency that insures against loss. Then, less than eight months into its contract, FARA was back seeking a 10 percent increase in its contract, to almost $75 million.

Three weeks after the amendment was approved, FARA sold its contract to an Ohio firm which in turn sold the contract to a New York firm only a few months later.

The contract with FARA contained a clause that written consent was required from the state before any transfer of the contract could be executed. When LouisianaVoice made a public request for copies of the written consent, the Division of Administration (DOA) admitted there were no such documents in existence, meaning the contract was violated not once, but twice.

Traditionally, ORM released its annual report that showed expenditures and other financial data around September of each year.

In an effort to determine how much has been saved by the privatization, LouisianaVoice requested a copy of the agency’s annual report from ORM and DOA only to be told the annual report has not been released as yet.

It would seem reasonable to assume if there were major savings as projected a few years back, the administration would be eager to roll out such supporting documentation.

On the other hand….?

If the Civil Service Board, employing the adage “fool me once, shame on you; fool me twice, shame on me,” takes into account the sloppy manner in which the ORM contract has been handled and the conspicuous absence of that agency’s annual report supporting claims of major savings, opts to dig its heels in on the OGM issue? If the board balks at the governor’s attempts to manipulate the system in order to consolidate his power base?

Now that would be ironic.

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“The agency does not at this time have a list of names of the employees who will be retained other than as noted in the plans.”

–George Eldredge, General Counsel for the Louisiana Office of Student Financial Assistance (LOSFA), in response to a request by LouisianaVoice.

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LouisianaVoice has obtained additional information on the proposed privatization of the Louisiana Office of Student Financial Assistance (LOSFA) in which 47 employees are scheduled to lose their jobs next June.

The State Civil Service Commission is scheduled to consider the layoff plan of LOSFA Executive Director Melanie Amrhein when it meets Tuesday and Wednesday of next week.

Certain administrative positions are scheduled to be retained but Amrhein said through LOSFA General Counsel George Eldredge that her agency does not yet have a complete list of certain administrative personnel who will be retained.

LouisianaVoice, however, has learned the identities of three unclassified employees “not targeted in the layoff plan,” according to a confidential source. They are Deputy Executive Director Sujuan Boutté, Assistant Executive Director for Marketing and Outreach David Roberts and Assistant Executive Director for Fiscal and Administrative Affairs Jack Hart.

“Each makes approximately $100,000 a year and most staff do not know what they do all day,” our inside source said by email. “The agency will be top-heavy with 74 staff total and three Assistant Executive Directors—all for two programs, TOPS and the Student Tuition Assistance and Revenue Trust saving program (START).

“The Public Information section will keep 12 staff and IT (information technology) 12…a lot of support staff for two programs.”

LOSFA actually supports far more programs than just TOPS and START. In addition, LOSFA supports the Early Start Program, the Rockefeller State Wildlife Scholarship, the State Matching Funds Grant, Go Grant, Chafee Educatonal Training Voucher Program, the Volunteer Firemen’s Tuition Reimbursement Program, John R. Justice Student Loan Repayment Program, Louisiana Guaranteed Student Loans, Financial Literacy for You (FLY) and College Knowledge.

“The Loan Division was an easy mark, therefore targeted in the layoff,” the email said. “The executive director is protecting the jobs of the unclassified staff at the expense of nearly 50 rank-and-file, hard-working state employees.”

Following the invitation to bid that went out in February, bid submissions for a new privatizing contract are scheduled to be reviewed in April and the contract awarded sometime after that with layoffs scheduled for June 30.

“We have a contract with Sallie Mae Guarantor Services for utilization of software to operate the loan program in compliance with federal laws,” Amrhein said. “This contract will be terminated once the transition to the successful bidding contract is complete.”

Our source, however, noted that response on the request for proposals (RFP) “has been so sparse that it is likely that the loan portfolio may have to be turned over to the U.S. Department of Education, resulting in the State of Louisiana losing the designation as the state guarantor of student loans. This all started at the governor’s office”

In attempting to justify the privatization contract, the proposal to be presented to Civil Service next week said that:

• a reduction of overhead was necessary to maintain support to state programs;

• an attrition of staff leads to ineffective administration and further strain on generating revenue;

• contracting services will potentially result in higher performance on portfolio while allowing the agency to retain a higher net income with reduced overhead;

• the timeline provides an orderly conversion from in-house functions to managed contractor operation;

• adversely affected employees will be given time to fine new employment.

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