“Do not ask about the law. Do not research the law.”
—Message written on a white board in a Division of Administration office.
Posted in Contract, Contracts, DOA, Notable Quotables on January 27, 2014| 1 Comment »
“Do not ask about the law. Do not research the law.”
—Message written on a white board in a Division of Administration office.
Posted in Contract, Contracts, DOA, Governor's Office, Legislature, Legislators, ORM, Office of Risk Management on January 27, 2014| 18 Comments »
Did Commissioner of Administration Kristy Nichols violate state law when she approved an amendment to the Alvarez & Marsal (A&M)?
In May of 2011, House Appropriations Committee Chairman Jim Fannin (R-Jonesboro) sharply criticized the Division of Administration (DOA) for DOA’s approval of a $6.8 million contract amendment for F.A. Richard and Associates (FARA), the firm that initially took over the operations of the Office of Risk Management.
Fannin and other members of the committee were upset that DOA did not seek approval of the contract amendment from the Joint Legislative Committee on the Budget (JLCB).
Things got tense as Fannin tore into Assistant Commissioner of Administration Steven Procopio. “All I’m seeing here is where FARA had a $68.2 million contract that somehow went to $74.9 without anyone’s coming to the … Committee … for approval,” Fannin said.
The JLCB was the committee that approved the original $68.2 million contract the year before. “Isn’t a contract a contract?” Fannin asked.
“It is until it’s amended,” Procopio said in typical administration double-speak. “Then it’s another contract.”
It was at that point that Patti Gonzales, Assistant Risk Director for ORM stepped up to the plate to rescue Procopio before he could do any further damage.
“We are allowed one amendment up to 10 percent (of the original contract amount) without legislative approval,” she said, adding that the Office of Contractual Review approved the amendment.
Suffice it to say committee members weren’t very happy to learn that under state law, the Office of Contractual Review may approve contract amendments of up to 10 percent one time without legislative concurrence.
Fast forward to January 2014.
Nichols announced last week that the $4.2 million contract with A&M had been amended by $800,000 to a nice round $5 million.
That’s the controversial contract under which A&M is charged with finding $500 million in state savings. If the firm’s initial report is any indication, the contract is going to go pretty much the way everything else this administration has done—that is to say, bad.
But wait. An $800,000 amendment to a $4.2 million contract?
Really?
Excuse us for questioning the validity of the amendment, but according to our math, that’s a 19 percent amendment. Of course we went to public schools in Louisiana, so Jindal may be able to discredit our figures.
But wouldn’t the approval of a 19 percent amendment without concurrence from the JLCB be in violation of that obscure law?
Well, the Office of Contractual Review is required to give its stamp of approval to the amendment.
But wait. The Office of Contractual Review is part of DOA and as such, takes its marching orders from Nichols who takes her marching orders from Jindal who takes his marching orders from…Timmy/Taylor Teepell? ALEC? Bobby Brady? Pick one.
But it was clearly stated back in 2011 that the law allows a one-time 10 percent amendment to contracts without JLCB concurrence.
To paraphrase Rep. Fannin, isn’t 10 percent 10 percent?
Isn’t the law still the law?
Well, that depends.
Remember that whiteboard sign in one of the DOA offices we alluded to on Jan. 23? That’s the one that says, “Do not ask about the law. Do not research the law.” (If there is a functioning brain cell left in this administration, assuming there ever was one, that message most probably has been erased by now.)
And then there was the consultant a few years back who told DOA officials, according to sources present at the meeting, to not let the law stand in the way of the administration’s objectives.
So, what are a few percentage points among friends?
Posted in Budget, Contract, Contracts, DOA, Governor's Office, Health Care, Higher Education on January 26, 2014| 2 Comments »
When they were competing for the Republican presidential nomination in 1980, George Bush referred to Ronald Reagan’s economic platform as “voodoo economics.” When he lost to the Gipper and was named as Reagan’s running mate, Bush called himself a convert.
Well, we at LouisianaVoice are far from converted and the first wave of savings for state government rolled out by Alvarez and Marsal (A&M) can only be called doo-doo economics. In fact, the laundry list of so-called “savings” waved under the noses of the media by Minister of Propaganda Kristy Nichols leaves us even more skeptical of the now $5 million A&M contract than before.
That’s right. A&M has done such a wonderful job that its contract has been amended from the original $4.2 million to $5 million.
And Nichols’ dog and pony show is not only a clumsy effort to make an ill-advised contract look attractive, it’s downright insulting to taxpayers’ intelligence. It’s also an embarrassing admission that the Jindal team simply is not up to the task of running the state.
When she was caught “misspeaking” when she told legislators that the contract guaranteed a $500 million savings in four months—the $500 million was mentioned in the firm’s cover letter but not in the contract—she said the contract would be amended to say that. Well, apparently that little correction cost an additional $800,000. That wasn’t the way we interpreted “amended.”
Let’s face it: if she truly “misspoke” in proclaiming the contract guaranteed a $500 million savings, she should never have been given the responsibility of holding the state’s purse strings; she’s utterly and completely unqualified to hold her job. If, on the other hand, she simply lied to legislators, she should be summarily fired. What’s next, blocking the access ramp to the Sunshine Bridge so Troy Landry can’t get to Pierre Parte?
Compared to this administration, New Jersey Gov. Chris Christie is an unimaginative moron when it comes to creative ways to fool some of the people even some of the time.
In releasing the list, Nichols bubbled that the contract has already paid for itself in its first month in finding more than $4 million in savings. But, realistically speaking, we should expect nothing else from this administration. Gov. Bobby Jindal is so adept at misdirection, that should his presidential bid fall short, he can fall back on a second career as a stage magician. Let’s compare the “news” releases on the governor’s web page against the facts: http://www.gov.louisiana.gov/index.cfm?md=newsroom&tmp=home&navID=3&cpID=0&catID=2
So you see the trend here and it’s certainly no surprise that the Kristy Nichols “fact sheet” more closely resembles bull sheet. It seems, from the calculations provided, that Louisiana may have already joined the states of Colorado and Washington in legalizing pot. Somebody in charge seems to be smoking something.
The first month’s A&M submissions and the projected savings and our observations (in parentheses) include:
We’re guessing the pea is under shell number two.
As the finale of her show and tell, Nichols proclaimed that A&M will work with the Office of Group Benefits (OGB) to find ways to make the agency more efficient.
Way to go, guys. You elbow your way in to take over what was very possibly the most efficient, well-run agency in the state to set up a revolving door of CEOs, a disappearing reserve fund balance and for the first time in many years, delays in paying claims. So now you bring in A&M to make things better—the same A&M that said the state should fire 7,500 New Orleans public school teachers following Hurricane Katrina. The state did, the teachers sued and the teachers won and now the state owes $1.5 billion as a result.
We took the four-year $5 million contract, subtracted 464 days for weekends and holidays and came up with a cost of something slightly north of $63,600 per day for A&M’s contract. At that rate, they better not be taking coffee and lunch breaks.
In unveiling his FY15 budget last week, Jindal released a nifty little PowerPoint presentation that showed the number of authorized positions in state government that had been cut during FY14. Not all the cuts resulted in layoffs, of course, because some positions that were eliminated were already vacant and there were also retirements that were not filled.
The figures show that 10,088 positions have been eliminated during the current fiscal year. Of that number 946 were in DHH, 5,998 in the Health Care Services Division, and another 2,209 were in higher education.
But wait. That same PowerPoint shows that the Executive Department (that would be the governor’s office) added 60 positions. Wait. What? Added 60 positions? So much for Jindal’s demand of state employees to do more with less.
Civil Service records show that within the Division of Administration (DOA) alone, there are 64 positions that pay $100,000 or more—a total of more than $6.8 million. Nine more, including Jindal, who work in the governor’s office, earn in excess of $100,000 per year for a total of another $1.3 million. The two highest paid are Chief of Staff Paul Rainwater ($204,400) and Ray Stockstill, listed as Director for Planning and Budget ($180,000).
Stockstill previously worked in DOA as State Director for Planning and Budget before being named Assistant Commissioner in February of 2010. He retired from that $180,000 position, effective Christmas Day of 2010 and returned to his previous position as a re-hire two days later, thus allowing him to draw retirement in addition to the $180,000 he is being paid.
Those lofty numbers do not include other employees listed in the governor’s office but who work in such areas as the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) or the Office of Financial Institutions.
So, in the spirit of economy, here’s a rock-solid suggestion that is certain to save the state a boatload of money:
Bring the A&M suits into the governor’s office and DOA, give them a mandate to cut 50 percent of that $8.1 million—not necessarily layoffs but just tell those 73 people, including the governor, to do more with less—less salary, that is. Let those administrators who are so eager to throw the rank and file employees to the curb learn firsthand what sacrifice is all about. We’re certain that with the teeming civic spirit that oozes from the fourth floor of the State Capitol, there would be unanimous consent.
That, Ms. Nichols, really would make the A&M contract pay for itself.
Now just sit back and hold your breath until that happens.
Posted in Contract, Contracts, DOA, Governor's Office, OGB, Office of Group Benefits, ORM, Office of Risk Management on January 25, 2014| 14 Comments »
Cue Queen and crank up Another One Bites the Dust.
Charles Calvi and Patrick Powers are leaving the Office of Group Benefits (OGB) and Susan West, late of the Office of Risk Management has been named Interim CEO—the fourth person to head OGB in less than three years.
Meanwhile, that $540 million reserve fund balance OGB had on hand to pay benefits at the time of Gov. Bobby Jindal’s infamous raping of the agency now sit at $240 million and is dwindling at a rate of $20 million per month, no doubt the result of Jindal’s 7 percent premium reduction six months before the January 2013 takeover of OGB by Blue Cross Blue Shield (BCBS) of Louisiana.
But not to worry. In one of the administration’s now routine Friday press releases (so that the impact of the story is lost over the weekend when newspaper readership is down), Commissioner of Administration Kristy Nichols announced that (drum roll, please) Alvarez and Marsal (A&M) will be working with West in efforts to “continue the transformation and redesign of OGB.”
Bear in mind that OGB was one of those state agencies that was doing quite well in paying health care benefits to some 250,000 state employees, retirees and dependents. That included building up that half-billion dollar reserve fund while paying claims in a timely manner (average turnaround of three days) that kept both claimants and providers happy. But somehow, the administration deemed it in need of “transformation and redesign” and now health care providers are being asked to wait longer for payment of claims and BCBS is asking the state to waive the service level agreements and performance guarantees in place for Claims Timeliness and to not impose financial penalties for payments made later than 30 days during January and February.
http://theadvocate.com/home/8151593-125/state-insurance-claims-payments-delayed
But back to Alvarez and Marsal. That’s the company Jindal recently hired for $4.2 million to find presumed savings of $500 million in state expenditures by April—except it turns out there was nothing in the contract alluding to any $500 million savings; it was in the cover letter but not the contract. After being caught with her knickers down, Nichols, who initially assured legislators that the contract did indeed call for the $500 million savings, has said the contract will be amended to contain the language. Good for her. Oh, wait. It turns out that amendment also added another $800,000 to the contract, boosting it to $5 million. Yipee.
Alvarez and Marsal, you may remember from a previous LouisianaVoice post, was the firm that advised the state to fire 7,500 public school teachers in New Orleans following Hurricane Katrina in 2005. https://louisianavoice.com/2014/01/17/firms-advice-to-fire-orleans-teachers-after-katrina-may-cost-taxpayers-1-5b-hired-for-4m-by-jindal-to-save-state-money/
When those teachers were not called back and instead were replaced by new teachers, they sued and won and now the state is on the hook for about $1.5 billion, give or take a couple of dollars.
So now this firm is awarded a $4.2 million contract to do what the brilliant minds of all those Jindal appointees apparently could not do. Alvarez and Marsal is going to send its suits to Baton Rouge to figure out what the Legislative Fiscal Office cannot. If the fiasco in New Orleans is indicative of its work, will the last one out of Baton Rouge please turn out the lights? On second thought, never mind; Entergy will have already disconnected the meter.
On April 15, 2011, Tommy Teague, the man responsible for OGB’s accumulating that $500 million reserve fund and who, by all accounts, ran a highly efficient agency known for its rapid turnaround on claims payments and satisfied claimants, was summarily fired when he did not jump on board the Jindal privatization train. Within six weeks, his replacement, Scott Kipper resigned in frustration or disgust—or both—and was replaced with Calvi. So now OGB CEO Charles Calvi and his $170,000 salary and Chief Operating Officer Patrick Powers ($107,000) are leaving voluntarily, headed to Metairie to work for Teague and the Louisiana Health Care Exchange.
West, the fourth person to head OGB in three years, previously as ORM’s administrator for loss prevention, underwriting and statistics where she was responsible for policy development, risk financing and premium development and allocation. Before that, she served as a claims manager for multiple lines of insurance provided by ORM, the agency that insures all state agencies.
Oddly enough, in her announcement of West as the Interim CEO, Nichols never once alluded to the departure of Calvi or Powers. LouisianaVoice learned of their leaving through other sources. Calvi’s leaving, whether voluntary or involuntary, was not difficult to figure out after West was announced as his replacement, albeit without benefit of an accompanying announcement of his exodus. http://www.doa.louisiana.gov/doa/PressReleases/New_OGB_Interim_CEO_Susan_West.htm
It was certainly a ham-handed way of announcing West’s appointment with no explanation of Calvi or Power’s leaving. Nothing would surprise us though, given the manner in which this administration tends to handle such matters with all the subtlety of Larry, Moe and Curly trying to administer a cold buttermilk enema to a feral cat.
Posted in Budget, Contract, Contracts, Governor's Office, Higher Education, Legislature, Legislators, Politicians, RFP, Request for Proposals on January 20, 2014| 10 Comments »
Between the lies, former supporters separating themselves from him and promises of opposition by appointees, things aren’t looking up for Gov. Bobby Jindal.
Even some legislators who formerly were loyal lapdogs for the governor have learned that they have teeth and they are beginning to growl.
And from our perspective, it’s a beautiful day when Jindal and his misrepresentations are finally be called out for what they are: lies.
Commissioner of Administration Kristy Nichols was too busy to address a questioning reporter but her mouthpiece, Greg Dupuis, said she misspoke (a euphemism for lied) when she told legislators that a $500 million minimum savings was included in the verbiage of the 80-page request for proposals (RFP) for a contract was subsequently awarded to the consulting firm of Alvarez & Marsal at a price of $4.2 million. dt.common.streams.StreamServer
Instead, it turns out, the only mention of $500 million was contained only in the firm’s cover letter, which is not legally binding.
Now Nichols, apparently holding the fort down alone while her boss is on an industry-seeking trip to Asia, says the contract will be amended. http://theadvocate.com/home/8138286-125/jindal-administration-promises-to-amend
She said it, however, only after a barrage of criticism from legislators who expressed everything from disappointment to outright doubt to rare criticism—by Senate President John Alario (R-Westwego), no less—of Jindal’s secrecy in awarding the contract without informing lawmakers. http://theadvocate.com/home/8131113-125/much-vaunted-savings-not-included
Sometimes you need a fresh set of eyes,” said Ruth Johnson, assistant commissioner for statewide services.
Chief skeptic in residence C.B. Forgotston, however, dredged up some old Jindal campaign promises which tend to fly in the face of such logic.
Forgotston cited this Jindal utterance taken from his campaign brochure on state finances:
And extracted from that same brochure:
The question then becomes, Forgotston said, “If the consulting report finds savings in the state departments under Jindal’s jurisdiction…we will hold Jindal accountable?
C.B. has a refreshing way of cutting through all the bureaucratic gooneybabble and getting right to the heart of an issue. http://forgotston.com/
Carrying his not-so-rhetorical question even further, should we hold Nichols accountable for the supposed oversight and subsequent lying…er, misstatement to the legislature about a mythical $500 million savings?
One former supporter of Jindal—both from a philosophical and financial perspective—seems to think so.
A funeral certainly is an unusual, if not inappropriate, place to discuss politics but with so many current and former elected officials on hand for the services of Wiley Hilburn, the retired former head of the Louisiana Tech journalism department, it was almost inevitable that the subject of Jindal would find its way into the idle conversation. Funerals and weddings are, after all, major social functions at which, if only in passing, acquaintances are renewed, ideas are exchanged and common ground is explored.
After the services Sunday, as guests were milling around in front of the Presbyterian Church of Ruston, one former supporter, in a brief but revealing conversation, was unrestrained in his disgust with Jindal. There was no subtlety or coyness, no mincing of words.
Without identifying the person, let it suffice to say that considerable money made its way from his bank account—and that of his company and family members (all legal, in case anyone wonders) into the campaign coffers of Jindal and now the good governor won’t even take his phone calls.
That will turn an ally into an enemy faster than just about anything else. No benefactor takes being ignored lightly and this man said as much on Sunday. “I thought (Mike) Foster was flaky and (Kathleen) Blanco had her moments,” he said. “But this guy….he forgot why he was elected the moment he walked through those doors. He’s completely turned his back on this state while he pursues something else, whatever that might be.”
This from a one-time staunch supporter.
One doesn’t have to consider long and hard what Jindal’s other options might be as he flits across the breadth and depth of the country in an attempt to line up support for a presidential run—a run that has about as much chance as a one-legged man in a tap dancing contest. Jindal would be far more appealing in a twerking marathon than a presidential campaign. New Jersey Gov. Chris Christie would have a better chance trying to cut in on commuters en route to Fort Lee during morning rush hour on the George Washington Bridge.
Of course, he is so obsessed with his quixotic quest that he doesn’t have a clue and those sycophants with whom he surrounds himself don’t have the stones to tell him. That or they are even more unrealistic in their rose colored glasses than he.
That arrogance could also prove to be a shocking lead-up to unpleasant surprises during his final two years in office as even some of his appointees—those from whom he demands unconditional loyalty and subservience—are muttering to themselves about a possible coup d’état.
Commenting on State Treasurer John Kennedy’s observation on last Friday’s Jim Engster Show on Baton Rouge’s public radio station that Jindal has gutted the budgets of higher education 67 percent since entering office, another attendee at Sunday’s funeral said, “We’re going to have to stand up against this guy. Higher ed can’t take any more hits.”
Of course, it remains to be seen if there will be follow through on the part of appointees and legislators.
But while they may have once been talking among themselves behind closed doors and never openly, they now are airing their complaints in a more public manner.
Like sharks circling in the waters, they may finally smell blood.
That could make the next two years both turbulent and interesting.