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Need help getting public records from state agencies? Don’t ask Attorney General Buddy Caldwell’s office for assistance

Posted in Attorney General, Computers, Education, Governor's Office, Public Records, State Agencies, Transparency on February 22, 2013| 15 Comments »

The Louisiana Attorney General’s office has more than 80 legal opinions posted online that address the state’s open meetings and public records laws but don’t expect James “Buddy” Caldwell’s office to assist if you run up against resistance from a state agency like, oh say, the Louisiana Department of Education when seeking public records.

When LouisianaVoice recently encountered characteristic foot-dragging by State Education Superintendent in complying with our request for records pertaining to the department’s connections to Bill Gates’ Shared Learning Collaborative and Wireless Generation, a subsidiary of Rupert Murdoch’s News Corp., we asked for a little help from the attorney general’s office.

That help was not forthcoming so we had to go to our fall back plan—our legal counsel, J. Arthur Smith who loves to take on the bureaucracy.

Instead, we received a telephone call from an assistant attorney general somewhere deep within the bowels of the Livingston Building at 1885 North Third Street in Baton Rouge.

The assistant AG was polite enough as she explained that it was not the function of the attorney general’s office to assist the public in obtaining public records from recalcitrant state agencies.

“But, but, you do help when people are attempting to obtain access to public meetings,” we sputtered in disbelief.

“Yes,” she said, “but we are not involved in disputes over public records.”

“Yet you will get involved in enforcing open meeting laws?”

“Yes, that’s different.”

“Wait. What? Different?”

“Yes.”

“But I thought the attorney general’s office would assist Louisiana citizens gain access to public records. Isn’t that the law?

“Where does it say that? We assist with public meetings.”

“You differentiate between public records and public meetings?”

“Yes. We will help with public meetings but we don’t involve ourselves with public records.”

“What’s the difference?”

“There is a difference.”

“What is it?”

“One issue is public meetings while the other is public records.”

Such is the surreal world one encounters when attempting to navigate the bureaucratic red tape of state government.

Yet, when one does a cursory internet search, it is easy enough to find opinion after opinion that addresses the very issue in question—like the following excerpts from Louisiana Attorney General opinions:

• The Department of Insurance must comply with a public records request made pursuant to LA. R.S. 44.1, et seq.

• Square footage obtained by the assessor in the performance of his or her constitutional and statutorily designated duties falls within the definition of a public record provided by the Public Records Act…

• The Slidell Memorial Hospital Foundation is a quasi-public body, subject to the open meetings laws, public records laws…

• Hand-held scanners may be used in the inspection of public records (we threw this one in because Gov. Bobby Jindal’s office refused us the opportunity several months back to use our hand-held scanner to inspect public records.)

• The nominating committee for the Southeast Louisiana Flood Protection Authority is subject to the state’s “open meeting” and “public records” laws.

• When employees conduct official business through electronic communications, it becomes part of the public record which an individual may view…

• East Baton Rouge firefighters’ timesheets are a matter of public record…

And so on. You get our drift.

So, while no help can be anticipated from within the Louisiana Department of Justice (because, in the words of the late Richard Pryor, it’s “just US,” or in this case, “just them”), we will nevertheless plod along in our attempt to keep our readership informed—even to the point of employing the considerable persuasive legal talents of J. Arthur Smith who loves his job almost as much as we love ours.

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DOE computergate pushback: state senator introducing bill to again make Superintendent of Education office elective

Posted in ALEC, American Legislative Exchange Council, Computers, Education, Governor's Office, House, Senate, Legislature, Legislators, OGB, Office of Group Benefits, Privatization, Public Records, State Agencies on February 22, 2013| 3 Comments »

It’s highly improbable but there is an ever-so-remote possibility that State Superintendent of Education John White could find his job in jeopardy.

Whether he does or not, there is a much greater chance that State Sen. Bob Kostelka (R-Monroe) could find himself removed from his chairmanship of the Senate Judiciary C Committee and/or removed from three other committees on which he now serves.

That’s because Kostelka intimated on Thursday that he intends to introduce a bill in the upcoming legislative session calling for a constitutional amendment making the state superintendent of education position elective instead of appointive.

The office was previously elective until 1987 when it was changed to appointive but now Kostelka wants to change it back.

His announcement came on the heels of a news story this week by Capitol News Service that linked White and the state Department of Education (DOE) to Rupert Murdoch and his News Corp. which was embroiled in the hacking scandal two years ago in which cell phone communications were compromised in Europe.

Emails obtained by CNS revealed plans by DOE to enter sensitive student and teacher information—including names, social security numbers and grades—into a massive electronic data bank being built by Wireless Generation, a subsidiary of News Corp., as part of a project called the Shared Learning Collaborative (SLC) being spearheaded by the Bill and Melinda Gates Foundation.

The CNS story has generated a movement among parents to notify White and DOE that they do not want any information on their children provided to any outside entity.

The proposed collection of data on students has already begun in a few states and has created considerable controversy in places like New York. That state’s contract with News Corp. was first approved, then cancelled, only to be reapproved last August as one of several subcontractors for Public Consulting Group, one of four contractors chosen for the $27 million contract.

Under the proposal, Wireless Generation is supposed to store student test scores, student demographic information, curriculum materials, lesson plans and other information and would presumably perform the same function for Louisiana.

Though no cost estimates have been provided for the program in Louisiana, providers for the New York program will be paid in part based on the number of school districts that choose their data systems.

The Gates Foundation plans to turn over the personal data it collects to another, as yet unnamed corporation headed by Iwan Streichenberger, former marketing director for an Atlanta company that sells whiteboard to schools.

A copy of a 68-page contract between SLC and the New York State Educational Department was provided by a citizens’ watchdog group in that state. The contract said, in part, that there were no guarantees that data would not be susceptible to intrusion or hacking, though “reasonable and appropriate measures” would be taken to protect information.

“I have prepared a bill calling for a constitutional amendment making the Louisiana Superintendent of Education elected and not appointed,” Kostelka said in an email to CNS on Thursday. “It will be difficult to pass, but the people should decide who their superintendent is—not the governor.”

Technically, the state superintendent is not chosen by the governor but by the Board of Elementary and Secondary Education (BESE). The reality, however, is that Gov. Bobby Jindal campaigned for and contributed monetarily to the campaigns of favored BESE candidates in the fall of 2011 after the previous board had held up the appointment of White, Jindal’s choice for the post. Only after several pro-Jindal candidates were elected did BESE eventually formally appoint White upon their taking office in January of 2012.

Kostelka, in authoring such a bill, risks incurring the wrath of Jindal who, in popular Baton Rouge parlance, would likely “teague” Kostelka out of this committee chairmanship and even demote him from his current committee seats to minor committees.

The term “teague” comes from Jindal’s firing of Melody Teague in October of 2009 one day after she testified before the Government Streamlining Committee. She appealed and eventually won her job back.

But six months later, her husband Tommy Teague, was fired as director of the State Office of Group Benefits because he did not endorse the privatization of his agency quickly or enthusiastically enough to please Jindal.

Jindal has a well-established tradition of demoting or firing legislators, state civil service employees and appointees who dare display any independence.

He doesn’t do the actual firing, of course, and even goes to great length to deny any involvement in the decision to fire or demote. Instead, he hands off that task to agency heads or cabinet members do the firing and either Speaker of the House Chuck Kleckley (R-Lake Charles) or Senate President John Alario (R-Westwego).

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Emerging claims, lawsuits could transform Murphy Painter from predator to all-too-familiar victim of Jindal reprisals

Posted in ATC, Campaign Contributions, Computers, Ethics, Governor's Office, Politicians, Teague, Uncategorized on February 6, 2013| 39 Comments »

What at first appeared to be a slam-dunk sexual harassment case against former commissioner of the Louisiana Office of Alcohol and Tobacco Control (ATC) Murphy J. Painter is beginning to look more and more like reprisals on the part of Gov. Bobby Jindal because of Painter’s refusal to acquiesce to administration demands involving several major Jindal campaign contributors.

It wouldn’t be the first time Jindal has fired a subordinate or demoted a legislator because he or she had the temerity to disagree with him, of course. But it would be the first time such tactics were employed in conjunction with criminal charges.

Painter was indicted—somewhat belatedly—on 42 separate counts of computer fraud in connection with his conducting criminal records, background and driver’s license checks on 35 individuals over a three-year period but never on the sexual harassment claims. Nor was he ever indicted on charges that he stalked or conducted surveillance on individuals—even though that claim was given widespread publicity by State Inspector General Stephen Street on May 28, 2012, the day Painter was formally indicted.

That indictment, coincidentally, came down only days after the legislature voted to strip Street’s office of all appropriations for the current fiscal year. Funding for his office was restored only after Street testified before legislators and repeated details of his office’s investigation of Painter as justification of continued funding, Painter says in his motion to dismiss the charges against him.

Painter’s trial on the federal charges is scheduled to begin on April 22. Meanwhile, he has separate civil suits pending against the state and against the woman who accused him of sexual harassment—after she told an OIG investigator that Painter had never harassed her.

We’ll return to the allegations, denials and counter-accusations in due course, but the real issues swirling around Painter appear to be rooted deep in Louisiana politics and back door deals as only a saga of Louisiana political intrigue and corruption can be told.

It was in late summer of 2010 when a series of events in New Orleans and Baton Rouge—unrelated to sexual harassment, computer fraud or surveillance—would culminate in a meeting in the governor’s office which would end Painter’s 34-year career in law enforcement, 14 of which he served as chief criminal deputy under former Ascension Parish Sheriff Harold Tridico.

After losing the 1995 sheriff’s race to current Sheriff Jeff Wiley by fewer than 700 votes, Painter was appointed ATC commissioner by then-Gov. Mike Foster in February of 1996.

New Orleans Saints owner Tom Benson had purchased the 26-story building once known as Dominion Tower, or CNG Tower, a year earlier in September of 2009. The building is located across the street from the Mercedes-Benz Superdome. As part of the deal struck between Benson and the state to keep the Saints from moving to San Antonio, the Jindal administration agreed to a 20-year lease of some 325,000 square feet of office space at $24 a square foot for various state agencies, some of whom were paying as little as $12 a square foot before being forced to move to Benson Tower.

At the outset, the state’s obligation was about $7.7 million a year, $2.6 million more than the $5.1 million the state was paying before the move.

Included in the Benson Tower purchase was a 60,000-square-foot plot encompassing a one-block section of LaSalle Street and part of what once was the New Orleans Centre shopping mall.

Champions Square opened on Aug. 21, 2010, with the Saints hosting a pre-season game against the Houston Texans. The facility provided a tailgate party atmosphere and gave up to 8,000 Saints fans who did not have tickets a place to hang out and party while cheering on the Saints.

Champions Square soon became the catalyst in the struggle that would erupt between Painter’s office, the governor’s office and Mercedes-Benz Superdome management firm SMG (formerly Spectacor Management Group). On the fringes of this growing dispute were parties who had more than a passing interest: Benson, the Louisiana Stadium and Exposition District (LSED), Anheuser-Busch, brewers of Budweiser Beer, and local Anheuser-Busch distributor Southern Eagle Sales & Service.

LSED is a state political subdivision created to oversee operations of the Superdome, the John A. Alario Sr. Event Center, the New Orleans Arena, the Saints training facility, TPC Louisiana, and Zephyr Field, home of the Triple-A baseball team.

Benson, the seven LSED members (each of whom is appointed by the governor) and their families, businesses and business associates, SMG and Southern Eagle combined to contribute more than $203,000 to Jindal campaigns between 2003 and 2012.

In a lawsuit filed against Jindal, the State of Louisiana, the Department of Revenue and Taxation, its former secretary, Cynthia Bridges and Inspector General Street, Painter says that in May of 2010, some three months before Champions Square was officially opened, he met with representatives of SMG and its lobbyist about SMG’s request for a license to serve alcohol in Champions Square on Saints game days.

Budweiser and Southern Eagle stood to be the big winners if the license application was approved.

Painter says in his lawsuit that he informed SMG of several regulatory violations in its proposal and offered suggestions on bringing the proposal into compliance with state laws. SMG’s subsequent license proposal, however, failed to address a number of the problems Painter had outlined in their previous meeting.

When Painter rejected the proposal, SMG arranged a meeting between Painter and SMG attorney, Robert Walmsley, Jr., Painter says in his petition.

Walmsley is a member of the law firm Fishman, Haygood, Phelps, Walmsley, Willis & Swanson of New Orleans which also contributed $5,000 to Jindal’s campaign in October of 2008.

Walmsley, after meeting with Painter, agreed to provide “a written legal opinion to the ATC documenting how SMG’s proposal complied with, or was otherwise exempt from, Louisiana law,” the petition says.

That promised opinion was never provided to ATC, Painter or his counsel, according to the suit.

Within a matter of weeks, Painter was contacted by Jindal executive Counsel Stephen Waguespack, nephew of Ascension Parish Sheriff Wiley. Waguespack asked Painter to cooperate with SMG and to stop using ATC’s legal counsel to address concerns with the Champions Square project being pushed by SMG, Painter says in his petition.

Subsequent to that call, Walmsley sent Painter an email in which he outlined a purported rationale that would allow SMG to qualify for the sought after license but the email, Painter says, did not include Walmsley’s promised written legal opinion. The ATC legal counsel again advised that the SMG proposal did not satisfy legal requirements.

Painter advised Walmsley that the license would not be issued because SMG did not qualify for the proposed exception as had been suggested. Painter also advised SMG “that alternative legal means would be utilized to address any issues related to the forthcoming grand opening of Champions Square if a resolution was not reached,” according to the lawsuit.

Then, on Aug. 11, Waguespack again called Painter and advised that he, as executive counsel for the governor’s office, “saw no problem with issuing the requested license to SMG,” whereupon Painter said he would defer to Waguespack—if Waguespack was willing to issue a legal opinion in writing to the ATC as representing the governor’s position.

“The governor’s executive counsel refused and suggested that issuing such an opinion was not a good use of his time and/or position,” Painter says, adding that he understood from that conversation that he “was being ordered to issue the license requested by SMG in direct contravention of law.”

In more than 15 years as ATC commissioner, Painter said he had never received such a call from the governor’s office.

Painter and ATC again refused to issue the requested license and two days later, on Aug. 13, Painter was summoned to the governor’s office on the fourth floor of the State Capitol where he met with Waguespack, Louisiana State Police Superintendent Mike Edmonson and another member of the governor’s legal staff.

Painter was advised that an unidentified law enforcement agency (later identified as OIG) was investigating him for alleged criminal violations, specifically sexual harassment, and that Jindal was asking for his resignation.

Painter said he asked if Jindal was asking for his resignation because it was his prerogative to do so or because of the criminal investigation and when informed it was because of the investigation, he refused to resign and was fired.

Despite, the manner in which his dismissal came about, it was subsequently reported to the media that he had resigned.

In what Painter described as another means of garnering publicity, an OIG investigator obtained a search warrant to search Painter’s office at ATC even though a previous investigation by the Department of Revenue had already cleared Painter of any wrongdoing.

The administration, through OIG, zeroed in on the sexual harassment charges for Painter’s former administrative assistant Kelli Suire. Suire did contact local news media in July of 2010 with claims of sexual harassment by Painter and on Aug. 6, an email purportedly sent from lindseyjarrrell@rocketmail.com to several media outlets outlined several complaints about Painter and ATC, including the alleged sexual harassment of Suire and that Painter stalked Suire by going to her home on several occasions. The email, Painter learned from his own investigation, originated from the Louisiana State Library near the State Capitol.

Painter also claims that Suire and ATC Deputy Commissioner Brant Thompson were cooperating with each other in efforts to undermine Painter’s authority.

Painter says he took his concerns to Thompson’s father, State Sen. Francis Thompson (D-Delhi) on Aug. 12 and the elder Thompson offered assurances that his son would cooperate with Painter in the future.

Painter then asked that Brant Thompson report to his office no later than Monday, Aug. 16, “to discuss his conduct and accept a suspension from his job duties.”

That meeting never occurred because Painter was fired the following day and Brant Thompson was appointed interim commissioner until the appointment of current commissioner Troy Hebert.

Almost a year before Painter’s dismissal, on October 16, 2009, Suire resigned her position at ATC. But three days later, on Oct. 19, Painter, on ATC business in Washington, D.C., received a call from his office informing him that Suire had been in his office for several hours that morning copying files, Painter says in a separate defamation lawsuit against Suire.

That suit was filed in 23rd Judicial District Court in Ascension Parish while his lawsuit against the state for wrongful firing was filed in 19th JDC in Baton Rouge. And while considerable coverage was given his firing and the subsequent charges of sexual harassment, minimal coverage has been given his lawsuits by Baton Rouge area media outlets.

Sometime following his Aug. 13 firing in 2010, Painter learned of a letter dated 11 days earlier, on Aug. 2, to LDR Deputy secretary Earl Millet, Jr. from Barry Kelly, assistant director of Revenue’s Criminal Investigations Division in which Kelly gave the results of his investigation of six accusations against Painter, including sexual harassment and stalking of Suire.

In that letter, Kelly said, an attorney was hired to conduct an investigation into the allegations and when questioned, “Ms. Suire admitted that there was no sexual harassment.”

Prior to that Aug. 2 letter, on March 29, the Department of revenue sent a letter to Suire reporting its findings. That letter said, in part, “The investigator met with yourself, Painter and other ATC employees. Based upon the information gathered during the investigation, LDR has determined Painter’s actions did not violate the LDR’s Anti-Harassment Policy…

“The finding is based upon information secured during your interview wherein you indicated Painter did not make unwelcome sexual advances toward you. You also indicated Painter did not request sexual favors or engage in verbal or physical conduct of a sexual nature to you. Additionally, you also stated that your complaint against Painter was not one of sexual harassment.”

Despite that admission, the governor’s office, through OIG, proceeded with its investigation, accusing Painter of accessing the criminal records database 314 times in more than five years between February 25, 2005, and Aug. 13, 2010. Subsequent information obtained by Painter through legal discovery revealed that OIG received 1,063 complaints between June 20, 2009 and June 15, 2011 and determined that not all the complaints constituted a need for a law enforcement data base check.

Yet, during that same two-year period, three OIG investigators combined to access the criminal records database nearly 3,000 times—one of those more than 2,100 times.

Painter’s trial in federal district court in Baton Rouge on the computer fraud charges is scheduled for April 22.

And yet, despite the charges alluded to by Waguespack when he fired Painter, he has never been formally charged with sexual harassment, stalking or surveillance.

And charges of accessing the criminal records data bank 314 times over a period of more than five years—approximately five times per month—to most people would not appear excessive for the head of a law enforcement agency whose job it is to track criminal activity.

…Unless someone was looking for a reason to fire an uncooperative subordinate standing in the way of political expedience and opportunity—and inconveniencing campaign contributors.

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BESE defies court ruling, okays 45 Course Choice applicants but issues news release on election of new officers for 2013

Posted in ALEC, American Legislative Exchange Council, BESE, Campaign Contributions, Charters, Computers, Education, Governor's Office on December 5, 2012| 3 Comments »

Maybe the Board of Elementary and Secondary Education (BESE) needs that high-priced public relations type to match Superintendent John White’s part time $144,000 telecommuting PR hack after all.

One might think that any news release by BESE would be Tuesday’s approval of 45 course choice providers despite a judge’s ruling last week that the method of funding course choice and vouchers is unconstitutional.

One would be wrong.

The only news release by BESE was the announcement that Chas Roemer (R-Baton Rouge) was elected President of the board and James Garvey (R-Metairie), Vice President and Holly Boffy (R-Youngsville), Secretary-Treasurer.

“Penny Dastugue, BESE’s current President, congratulated the Board’s new officers,” the news release said.

“I’m honored to have been chosen, and I look forward to living up to the confidence the other Board members have placed in us to continue our work in making Louisiana’s education system among the best in the nation,” it quoted Roemer as saying.

Garvey agreed, it said. “It is a privilege to be selected by our fellow representatives as a leader in this effort,” he was quoted as saying.

“It is a tremendous responsibility, and we look forward to meeting that responsibility,” Boffy added.

Now that, folks, is heavy-duty reporting.

Never mind that BESE, by an 8-2 vote, completely ignored the ruling of Baton Rouge District Judge Tim Kelley that said the diversion of constitutionally-mandated funding for public schools under the state’s Minimum Foundation Program in favor of private, for-profit firms and online companies was unconstitutional.

Gov. Piyush “The Petulant” Jindal responded to the legal ruling in equally legal terminology, saying the “ruling is wrong-headed and a travesty for parents across Louisiana who want nothing more than for their children to have an equal opportunity at receiving a great education.”

State Education Superintendent John White, in a typically verbose statement released after the ruling said, “We strongly disagree with the ruling. We are optimistic this decision will be reversed on appeal.”
The court ruling aside, BESE members allied with Piyush practically gushed over their newfound independence from the courts.

“I’m so excited about the opportunities that the courses will provide to our students,” Boffy said.

Outgoing board President Dastugue added, “We don’t have an option to delay.”

Board members Lottie Beebe (R-Breaux Bridge) and Carolyn Hill (D-Baton Rouge) voted against the course choice providers and even suggested that some of their fellow board members should recuse themselves because they were recipients of campaign contributions from organizations and individuals applying for the tax dollars to offer the online courses.

Beebe, in an email, said, “I pointed out that I would be remiss if I did not point out that at least five BESE members should consider recusing themselves…particularly if they received political contributions from any (applicants).”

That recommendation, she said, produced “fireworks.”

“I received an earful from Chas Roemer and Ms. Boffy defending their campaign contributions and the perceived conflict of interests. I wonder why this would be such a sensitive issue.
“Despite my attempt to encourage them to do the honorable thing, they voted favorably regarding the choice providers,” she said.

“For the record, one approved entity’s PAC (political action committee) contributed approximately $50,000 to five BESE members.”

She did not identify the PAC but CNS did identify one PAC that contributed a total of $41,000 to five BESE members. Some of the contributions were difficult to track because in at least three cases, an applicant contributed to a PAC which in turned contributed to a board member. In one instance, an applicant contributed to a PAC which contributed to a second PAC, which then contributed to the board member.

“And to think,” she said, “public school employees are mandated by law to participate in one hour of ethics training annually.”

Here are the approved applicants and their contributions to the campaigns of BESE members:

Pelican Chapter, Associated Builders and Contractors PAC:

• Jay Guillot (R-Ruston)—$5,000;
• James Garvey—$5,000;
• Holly Boffy—$5,000;
• Chas Roemer—$10,000;
• Kira Orange Jones (D-New Orleans)—$10,000

K12 Management:

• Holly Boffy—$1,000;
• Kira Orange Jones—$5,000;

Richard Zuschlag (CEO of Acadian Ambulance and Acadian Companies/National EMS Academy:

• Holly Boffy—$500.

Additionally, several successful applicants contributed to Jindal’s campaign. They included:

• PEC/Premier Safety Management—$5,000;
• Zuschlag and Acadian Ambulance—$36,000;
• Craig Spohn, executive director of the Cyber Innovation Center in Bossier City and appointed as a member of the Higher Education Group of the Gov.-elect Jindal’s Economic Growth Transition Advisory Council—$10,000;

A myriad of complaints about online course choice schools was uncovered in an investigative report by the New York Times last year.

Some of those problems included a high turnover rate among teaching staff, poor academic results and insufficient state oversight.

The Times report noted that there was a “virtual churn rate” of more than 50 percent in New York online schools. Mid-year transfers numbered at least 1,000 students per year, meaning that at least $6 million per year went to online schools for students who no longer were enrolled.

Moreover, in many instances, when students transferred back into the public system, state funding did not follow them. Jindal has insisted all along that the “money follows the student,” and that local districts were not losing funding.

It will be interesting to revisit BESE’s actions in the months ahead to see how much money can extracted from the state by political insiders and to see if applicants were vetted any better than the infamous New Living Word School in Ruston which was approved for more than 300 vouchers before it was learned the school had no desks, no teachers and no books.

Of course, a repeat of that blunder is not expected considering that White had the foresight to hire Dave “Lefty” Lefkowith of the Canyon Group in Los Angeles at a cool $146,000 per year to hype the course choice program.

Now all he has to do is figure out a way around that pesky court ruling.

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Grading a ‘delusional’ governor: can we get a charter/virtual governor for ‘D’ or ‘F’ grade? How about a governor voucher?

Posted in BESE, Broadband, Internet, Charters, Computers, Contract, Contracts, Education, Governor's Office, Politicians, Privatization, Revenue, Vouchers on August 23, 2012| 21 Comments »

BATON ROUGE (CNS)—From Shreveport to New Orleans, from Amite to Alexandria, they’re beginning to catch on to the smoke and mirrors act of snake oil salesman Piyush Jindal, masquerading as governor of Louisiana and wannabe shining star—but now a fading star—of the national Republican Party.

And the picture isn’t a pretty one, at least from Piyush’s perspective—if, that is, he is even aware of the growing tide of resentment over his failed programs. Those failures run the gamut: from the $250 million wash-away berms in the Gulf of Mexico to the rejection of more than $800 million in federal grants for broadband internet, early childhood development and a high-speed rail service between Baton Rouge and New Orleans to nightmarish cuts to higher education, state hospitals and Medicaid.

The question of his understanding of the depth and breadth of the problems is a matter of open speculation. One of his handlers recently described Jindal as “delusional.”

Definitions of the term vary somewhat in their wording but all say essentially the same thing:

• “A fixed false belief that is resistant to reason or confrontation with actual fact;”

• “A false personal belief that is not subject to reason or contradictory evidence…”

• “A false belief or opinion;”

• “A false belief strongly held in spite of invalidating evidence…”

If Jindal doesn’t see and appreciate the looming consequences of his programs, i.e. school vouchers, budget cutbacks, privatization, hospital closures, then at least the readers of the Shreveport Times appear to understand and to come to grips with the dilemma of a disconnected governor.

A poll of Times readers this week asked one simple question: “How would you grade Jindal’s performance as governor?”

The term “grade” is significant here when one considers Jindal’s own penchant for “grading” Louisiana’s public schools in an apparent effort to categorize as many as possible as “D” and “F” schools to clear the way for new, mostly for-profit charter and online virtual schools and for his ill-conceived voucher/scholarship program, all of which rip money from local public school districts, leaving them in a deeper fiscal chasm than before.

The results of that poll late Friday afternoon showed, out of 866 votes cast, 593 (68.5 percent gave Jindal an F. Another 138 (15.0 percent) gave him a D. So, 83.5 percent of respondents gave him either a D or and F. Only 70 (8.1 percent) gave him an A while 33 (3.8 percent said he warranted a B and 32 (3.7 percent) gave him a C.

Jindal’s grading method for schools says that any school with a C, D, or F grade is considered failing and eligible for parents to move their kids out to a voucher school. Accordingly, 87.3 of respondents say he simply doesn’t measure up.

(Of course the poll is unscientific, but it certainly is interesting to know that he was re-elected with 66 percent of the vote of 20 percent of voters who went to the polls and now 68.5 percent see him as an utter failure.

Just to make sure there was no stuffing of the ballot box, we attempted to vote twice to see if we could. We could not, so the results, though unscientific, are significant because north Louisiana, along with the Florida parishes, is considered one of the areas of the state where he is strongest.

Taking the results of that poll into account, perhaps we should consider the implementation of a “charter” or “virtual” governor or perhaps vouchers could be issued for Louisiana’s citizens to select another governor if we are unhappy with the one we have.

Of course, like school vouchers, that would not preclude one over the other.

In other words, we would still have Jindal as the public governor, but we also would have a private governor of our choosing who would be accountable to no one.

Wait. We already have that.

The Monroe News-Star also has challenged the governor and his superintendent of education John White on the matter of what is and what is not public record. That publication has filed a lawsuit over records White has claimed are part of the “deliberative process,” a term that never existed before Jindal took office.

Gambit, a New Orleans publication, recently published a column with the headline: “Jindal’s got the job he wants? Prove it, Governor.”

The article asked the not-so-rhetorical question of why, if he truly had the “best job in the world,” would he spend so much time away from Louisiana?

Pointing out as others have recently that there are plenty of problems to occupy Jindal’s attention, Gambit submitted a “Bobby-do” list of tasks for the governor to tackle now that he has been officially eliminated from Mitt Romney’s vice presidential veepstakes:

• Keep Southeast Louisiana Hospital (SLH) open. In 2009, Jindal shut down the New Orleans Adolescent Hospital (NOAH), justifying the move by pointing out that its patients could receive the care they needed at SLH in Mandeville. Gambit asked where can those patients turn to now for treatment, Mississippi? With the closure of SLH scheduled for October, an entire region of the state—the most populous region of the state, it might be pointed out—will have no public mental health hospital.

• Address the catastrophic cuts to higher education with something more than your rhetorical “do more with less” mantra.

• Put real accountability into the public school voucher program. This program, passed by Jindal and now administered by his hand-picked superintendent of education (we’ll get to him presently), is an unmitigated disaster worthy of a Three Stooges or Marx Brothers comedy.

Except that this scenario is not funny.

Which brings us to White and his traveling dog and pony show which has played to less than enthusiastic reviews thus far.

First of all, White should have the good sense not to stroll late into a meeting with a parish school board (already a hostile audience) in open shirt with sleeves rolled up, dressed, in the words of one observer, “like he was attending a corn husking party,” complete with half-unzipped pants.

Is this really the image the leader of the state’s educational system wishes to convey in a public meeting of local elected officials? Apparently so.

Kevin Crovetto, a Ponchatoula High School teacher, got in what was possibly the best zinger of the night when he said if White and his staff were judged by the same standards proposed for teachers, they would be rated “ineffective.”

The Tangipahoa Parish School Board was, predictably, equally unimpressed.

Board member Al Link said that under the new teacher evaluation system, teachers will be held accountable for the academic progress of their students while the responsibilities of the student and parents are not addressed.

The state continues to put mandates on teachers, jumping from one mandate to another, to the point that teachers are finding it impossible to do their jobs, Link said, adding that the state now is saying some teachers are not meeting expectations so now their jobs are being given to persons who are not certified.

White responded by saying that he is “not keen” on certification and that anyone who is a college graduate and who is “proficient” should be allowed to teach.

Yet florists, plumbers and auctioneers are required to be licensed in Louisiana.

And just who is in charge of determining proficiency?

When Crovetto and others questioned White about the new voucher program that allows students who qualify to attend private schools and charter schools—at the expense of public school systems, White, incredibly, responded by indicating he cared little about the financial drain on public schools so long as voucher students get an education.

Let that sink in, folks. The head of Louisiana’s public education system says he is unconcerned about the financial hardships imposed on local school systems so long as voucher students get an education—at places like:

• Delhi Charter where, until public pressure forced a change in policy, a girl even suspected of being pregnant could be forced to submit to a physical by a doctor of the school’s choosing;

• Light City Christian Academy in New Orleans where the founder of the school calls himself “Apostle” and “Prophet;”

• New Living Word School in Ruston, which does not even have books, teachers, or classroom space and where the state recently circumvented the local building inspector to issue a building permit for a construction project to expand the facility (remember Willie Stark in All the King’s Men and the collapse of the school fire escape?);

• Eternity Christian Academy in Westlake that teaches that the Loch Ness Monster is real as a means of supporting the fundamentalist theory that the earth is less than 10,000 years old. It also uses textbooks that teach that American slave owners were benevolent, kind-hearted overlords, that the Ku Klux Klan was a “reform” organization that protected women and children, that the “Trail of Tears” was responsible for the conversion of many American Indians to Christianity;

• BeauVer Christian School in DeRidder that couldn’t grasp the proper spelling of “Scholarship” on its sign advertising free vouchers.

And, let us not forget, Rep. Valarie Hodges (R-Denham Springs), who says she is all about teaching the Christian beliefs of our forefathers in charter schools and vouchers for Christian schools but was opposed to vouchers for an Islamic school in New Orleans.

All these factors are part and parcel of the administration of a governor who more and more, exhibits signs of a growing disconnect with reality.

• Delusional: a false belief based upon a misinterpretation of reality.

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