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Story of attempted contractor shakedown broken 2 years ago by LouisianaVoice results in $20 million verdict against state

Posted in Corruption, Courts, Crime, Fraud, Governor's Office, Jobs, Judges, Lawsuits, Media, State Agencies, TV News on December 5, 2015| 18 Comments »

Nearly two years ago, LouisianaVoice broke a story about a Mangham contractor’s claims that the Louisiana Department of Transportation and Development (DOTD) had bankrupted his company when it denied payments for his work. https://louisianavoice.com/2014/04/09/contractor-claims-in-lawsuit-that-dotd-official-attempted-shake-down-for-cash-equipment-during-monroe-work/

The reasons payment were denied? Because, contractor Jeff Mercer said, he resisted shake-down efforts by a DOTD inspector who demanded cash and equipment from him.

On Friday, after eight years of legal battles, Mercer won a unanimous $20 million judgment from a 12-person jury in 4th Judicial District Court in Monroe.

Work for which Mercer says he was not paid included:

  • Two projects on I-49 in Caddo Parish ($1.6 million);
  • A Morehouse Parish bridge project ($7.1 million);
  • Louisville Avenue in Monroe ($79,463);
  • Well Road in West Monroe ($50,568);
  • Airline Drive in Bossier City ($57,818);
  • Brasher Road in LaSalle Parish ($70,139).

While the Monroe News-Star gave substantial coverage to the court decision, LouisianaVoice was the first media outlet to give Mercer the time of day back in April of 2014 when we first learned of his troubles with DOTD. Monroe television station KTVE did a brief interview with Mercer following our initial story, but that was it—until yesterday’s decision. http://www.thenewsstar.com/story/news/local/2015/12/04/contractor-wins-20m-suit-against-dotd/76813444/

In our 2014 story, Mercer said that three of his employees filed sworn affidavits with the court in which all four say DOTD inspector Willis Jenkins demanded that Mercer either “put some green” in his hand or that Mercer place a new electric generator “under his carport” the following day.

One employee, John Sanderson, said he was approached by Jenkins who informed him that he “could make things difficult” on Mercer. “He indicated that this burden would not necessarily be on the Louisville Avenue project but on future jobs awarded to Jeff Mercer, LLC,” Sanderson said. “I replied, ‘You didn’t mean to say that,’” whereupon, Sanderson said, Jenkins repeated his threat. “During that conversation, I heard Willis tell Jeff that he ‘wanted green,’” Sanderson said.

Incredibly, Jenkins admitted making the comment but said it was a joke. Despite getting complaints about the shakedown attempt, DOTD never investigated the allegations. (Note to Jenkins: don’t joke like that in airports.)

Another Mercer employee, Bennett Trip, said in a signed statement that he heard Jenkins tell Mercer he “wanted some green.” He said he also heard Jenkins tell another Mercer employee that Jenkins, pointing to a generator in Tripp’s truck, said he “wanted one of those under his carport.”

Following complaints by Mercer, Jenkins was subsequently removed from the Louisville Avenue project by DOTD Engineer Marshall Hill who said it was not the first time he’d heard such claims about Jenkins. But Tripp said the shakedown continued when another state official told Mercer employees, “Y’all had my buddy removed and we’re going to make the rest of the job a living hell.”

Mercer claimed in his lawsuit there was collusion among DOTD officials to “make the jobs as costly and difficult as possible” for him. He told LouisianaVoice in April of 2014 that after receiving verbal instructions on the way in which one project was to be done, it was subsequently approved but later, DOTD officials, including defendant John Eason, advised that the work was not acceptable.

He said that DOTD officials provided false information to federal investigators; that he was forced to perform extra work outside the contract specifications; that a prime contractor, T.J. Lambrecht was told if he continued to do business with Mercer, closer inspections of his jobs would result, and that job specifications were routinely changed which in turn made his work more difficult.

Doughty said DOTD officials in Baton Rouge threatened his client with federal prosecution when he asked for payments for work he’d done. An FBI investigation initiated by DOTD was subsequently dropped.

Mercer eventually was forced to shutter the doors on his construction firm which had employed 20 to 40 people.

DOTD interoffice emails obtained by LouisianaVoice seem to support Mercer’s claim that he was targeted by DOTD personnel and denied payment on the basis that the agency was within its rights to “just say no.”

One email from DOTD official Barry Lacy which was copied to three other DOTD officials and which stemmed from a dispute over what amount had been paid for a job, made a veiled threat to turn Mercer’s request for payment “to the U.S. Department of Transportation’s Office of Inspector General.”

Still another suggested that payment should be made on a project “but never paid to Mercer.”

“I did everything they told me to do,” Mercer told LouisianaVoice. “But because I refused to allow one DOTD employee to shake me down, they put me out of business. They took reprisals and they ostracized me and broke me but now I’m fighting back.”

Both Mercer and his Rayville attorney David Doughty indicated they had reported the events to the governor’s office but no one in the Jindal administration, which has spent eight years touting its ethics record, offered to intervene or even investigate his allegations.

Not only did the jury hold DOTD liable for damages, but it also held four individual DOTD employees—Willis Jenkins, Michael Murphy, Eason and Barry Lacy—personally liable.

That, of course raises the obvious question of will there now—finally—be a criminal investigation of the four individuals? After all, the jury’s verdict centered on Mercer’s claims of extortion, bribery and plain old shakedowns in the purest sense of old-time Louisiana politics.

Granted, civil and criminal trials are vastly different. In a civil trial, a verdict can be reached on the lower standard of a “preponderance of the evidence” while criminal charges must be proven “beyond a reasonable doubt.”

In a civil suit, the plaintiff must only prove that there was a greater than 50 percent chance, based on all reasonable evidence, that the defendant committed the action that caused damages. In criminal matters, however, there is a higher standard. The prosecutor must prove that the accused committed the crime beyond a reasonable doubt.

But even with required higher standard of proof, the fact that a civil jury was unanimous in its decision should be sufficient to prompt at least a criminal investigation by the Ouachita Parish District Attorney’s office. Because federal funds were involved in the construction projects, and because Mercer was a contractor under the federal Disability Business Enterprise (DBE), a federal grand jury probe should ensue. “Who protects the DBE from the DOTD?” Doughty asked. “The people who are supposed to guard DBE companies are within DOTD itself (and) he didn’t get any help from them.”

Additionally, offenses committed under the funds from the American Recovery and Reinvestment Act (ARRA) of 2009 carry even stiffer penalties. ARRA funds were used on the I-49 projects.

The civil award puts the Louisiana Attorney General’s Office in an awkward position. The AG’s office defended the state’s interests in Mercer’s lawsuit and now that the jury has cited public corruption in its award, the office now finds itself in the unenviable position of being required to investigate public corruption in a case it had just defended in civil court. http://www.ag.state.la.us/Article.aspx?articleID=6&catID=8

“It’s been a long fight,” Mercer told the News-Star. To LouisianaVoice, he exulted, “We waxed their butts.”

He still has two more suits for more than $10 million in contractual losses pending in Baton Rouge district court.

Doughty told the News-Star that people “are tired of corruption and tired of reading about this type of thing” and that the jury “was sending a message.”

DOTD is expected to appeal the jury verdict to the Second Circuit Court of Appeal and if the state court decision is upheld, most likely the state will apply for writs with the Louisiana Supreme Court. If the decision is upheld in the higher courts, the State Legislature would then have to appropriate the payment.

All that means it could be years before Mercer sees a dime but judicial interest continues to run from the date the lawsuit was filed and the state ultimately could be forced to pay as much as an additional 50 percent.

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At last: guest columnist offers common sense response to that vile Vitter distortion about releasing 5,500 prisoners

Posted in Courts, Crime, Elections, Ethics, Governor's Office, Judges, Legislature, Media, Politicians, Prison, Vitter on November 7, 2015| 14 Comments »

A professor of Criminal Justice and retired Louisiana State Police Officer compares drug offenses with sex crimes in Louisiana in response to David Vitter’s vitriolic political ads suggesting that releasing non-violent drug offenders will harm public safety.

By Wayne “Steve” Thompson, PhD (Special to LouisianaVoice)

According to Louisiana Revised Statute 40:967, the state of Louisiana has a mandatory minimum sentence of five years for possession of 28 grams of cocaine or crack cocaine. According to Louisiana Revised Statute 14:34, the state of Louisiana does not have a mandatory minimum for aggravated battery which includes shooting or stabbing someone. Second degree rape has a mandatory minimum of two years (LRS 14:42.1). To sum it up, a man who threatens to kill a woman so she will not resist while he rapes her is required to do less time in jail than a person with a handful of cocaine or crack cocaine.

I have personally worked cases involving drug use and drug dealing resulting in decades if not centuries of incarceration. I have served numerous warrants on drug dealers while serving on the LSP SWAT team. I have assisted in the investigation of sex crimes cases. I found it frustrating the level of leniency towards sex offenders who received less punishment than drug offenders. Leniency for sex offenders is required to make sure there is room for the statutorily mandated sentences of non-violent drug offenders. My frustrations are shared by many in the criminal justice community.

Incarceration does not work

 Thirty-two percent of state felony convictions were for drug offenses in 2002 and more than 60 percent of those were sentenced to incarceration (Vanderwaal et al., 2006). There were 253,300 drug offenders in state prisons in 2005 (United States Department of Justice, 2008). The estimated cost of incarcerating these offenders is from $5 billion to $8 billion dollars per year. The average incarceration cost per offender is around $30,000 per year.

The drug war is an exercise of futility. Drug prices have gone down and the availability of drugs has increased (Caulkins & MacCoun, 2003). Long incarcerations result in higher recidivism or have zero effectiveness in reducing recidivism (Marinelli-Casey, et al., 2008; Caulkins & Reuter, 2006; Harvard Law Review, 1998; Vanderwaal et al., 2006). The user is still able to obtain drugs because there are plenty of people willing to stand in for a drug dealer when he or she is incarcerated. It is not the same for a violent offender. There is no line of violent offenders who want to step into the shoes of a sex offender, robber, or murderer. There are only victims. The incarceration of violent criminals can actually reduce the number of victimizations.

What does work?

According to Vanderwaal et al. (2006), drug treatment is more effective than incarceration in reducing drug use and reducing recidivism. Many states have realized this evidenced by numerous legislative acts which reduce mandatory minimum sentences and the establishment of over 1,600 drug courts by the end of 2004. The Back on Track (BOT) program in California is focused on first time low level drug dealers. They participate in extensive community service and meet positive goals such as school and employment requirements. If the participants successfully complete the program, they have their records sealed. Rivers (2009) reported the program has a recidivism rate of less than 10 percent and the cost is only $5,000 per participant. When this amount is compared to the reported prosecution expense of $10,000 and an annual incarceration rate of up to $50,000, it is a great success, a bargain for taxpayers.

Why does Louisiana lead the world in incarceration rates?

Research based treatment programs are a common sense alternative to incarceration that improves the ability to incarcerate violent offenders. An ad recently released in the Louisiana gubernatorial campaign condemned efforts to release up to 5,500 nonviolent drug offenders. That is 5,500 prison beds that can be used for violent offenders. The fiscal impact alone based on current incarceration costs is a savings of approximately $165 million every year. I am sure our schools could use that money.

The excessive punishments have been inspired by political popularity which also inhibits our ability to use common sense penalties and treatment. The public and law enforcement have shifted to the ideals that the drug problem is social, psychological, biological, and medical. The criminal justice system is ill equipped to deal with such problems.

Politicians are hesitant to change how we treat drug offenders for fear of appearing soft on crime resulting in damage to a political career. The fear is not created by the person who chooses innovation over ineffectiveness. The fear is created by opponents of the candidate by taking the methods out of context. I will attempt to place them in context.

Any effort to reduce the incarceration of nonviolent drug offenders through research proven treatment is a stance against violent criminals. Those who oppose such efforts are actually supporting keeping violent offenders in our midst. An attempt to create fear for political gain is described by Sheriff Tony Mancuso of Calcasieu Parish as “irresponsible” and “dangerous.”

Why do politicians think these ads work?

There is only one explanation, the perception of ignorance. The candidate must believe the voters at large have never dealt with a friend or family member who suffers from drug abuse and believe they should be treated versus incarcerated. We need representatives who will reduce our prison population with research proven best practices to make room for violent offenders. The people behind such political ads do not want violent offenders on the street and I would never make that claim. But, by putting such blatantly ignorant ads out, that is what they are facilitating.

References

Caulkins, J. P. & MacCoun, R. (2003). Limited rationality and the limits of supply reduction.       Journal of Drug Issues, 33(2), 433-464.

Caulkins, J. P. & Reuter, P. (2006). Reorienting U.S. drug policy. Issues in Science &        Technology, 23(1), 79-85.

Harvard Law Review. (1998). Alternatives to incarceration. Harvard Law Review, 111(7), 1863-  1991.

Louisiana Revised Statute 14:34. (1980). Aggravated Battery.

Louisiana Revised Statute 14:42.1. (2001). Forcible Rape.

Louisiana Revised Statute 40:967. (2007). Prohibited Acts-Schedule II, Penalties.

Marinelli-Casey, P., Gonzales, R., Hillhouse, M., Ang, A., Zweben, J., Cohen, J. Hora, P. F., &    Rawson, R. A., (2008). Drug court treatment for methamphetamine dependence:           Treatment response and posttreatment outcomes. Journal of Substance Abuse Treatment.      34(2), 242-248.

Rivers, J. L. (2009). Back on track: A problem-solving reentry court. Bureau of Justice Statistics    Office of Justice Programs. Retrieved on November 22, 2009 at             http://www.ojp.usdoj.gov/BJA/pdf/BackonTrackFS.pdf.

United States Department of Justice. (2008). Number of persons under jurisdiction of state           correctional authorities by most serious offense, 1980-2005. Retrieved November 24,    2009 at http://www.ojp.usdoj.gov/bjs/glance/tables/corrtyptab.htm.

Vanderwaal, C. J., Chriqui, J. F., Bishop, R. M., McBride, D. C., & Longshore, D. Y. (2006).       State drug policy reform movement: The use of ballot initiatives and legislation to       promote diversion to drug treatment. Journal of Drug Issues, 36(3), 619-648.

Editor’s note: In one of the two debates attended by Vitter prior to the Oct. 24 primary election, both he and State Rep. John Bel Edwards agreed that alternative programs needed to be implemented in order to alleviate prison overcrowding. That, of course, was before Vitter decided to ignore his own position to the issue and to paint Edwards as “soft on crime.”

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Rape arrest in Caddo conflicts with Bienville Parish grand jury’s no true bill in New Bethany case nine months earlier

Posted in Courts, Crime, Elections, Ethics, TV News on October 10, 2015| 11 Comments »

When the Greeks and Romans created their respective gods of justice, they apparently did not have Louisiana’s Second Judicial District in mind.

The Lady of Justice, holding a sword and the scales of justice, is a familiar sight in Western culture. Her statue adorns many courthouses and halls of justice across the U.S. and miniature versions stand proudly on the desks of countless attorneys. In some depictions, she is blindfolded but most often, she is not.

Lady Justice Statue- 7.75 Inch

The origin of the statue is said to be Themis, a Greek goddess of divine justice. In illustrations of her, she carries the scales of justice in one hand and a sword in the other, with her eyes covered. The Romans consolidated her and her daughter Dike to form Justitia.

So just how did the Second Judicial District, which comprises the parishes of Jackson, Bienville and Claiborne, come to be overlooked in the administering of so-called blind justice, aka fair and impartial justice?

Two words.

Mack Ford.

Or more accurately, three words: Rev. Mack Ford.

Back in January, a Bienville Parish grand jury declined to indict Ford, then 82, who was accused of raping girls who were residents of his infamous New Bethany Home in Arcadia in the 1970s, ‘80s and into the ‘90s. Ford died suddenly just over a month later, on February 11. http://www.nola.com/crime/index.ssf/2015/02/mack_w_ford_founder_of_new_bet.html

And while it may seem unfair to pick on him at this point, his death is not the issue here.

Three former residents of New Bethany traveled to Arcadia from three different states in December of 2014 to testify about their experiences with Ford. Other witnesses testified in October of that year.

But in a terse, one-paragraph written statement, then-District Attorney Jonathan Stewart said the grand jury was given “research and information regarding the statute of limitations with regard to each alleged act and, after deliberation, returned a no true bill.” STEWART GRAND JURY LETTER A no true bill means the grand jury decided not to indict. http://www.nola.com/crime/index.ssf/2015/01/grand_jury_declines_to_indict.html

So, if we are to understand Stewart’s statement and his interpretation of the law (and apparently, his instructions to the grand jury—though we will never know that for sure since grand jury proceedings are secret), the reason there was no indictment was because the statute of limitations had expired.

But wait!

Just last week, on Thursday (October 8), Shreveport television station KSLA ran a story about a 74-year-old Grant Parish man who was arrested for his alleged involvement in the rape of a young girl….in the 1970s. http://www.ksla.com/story/30219460/74-year-old-charged-in-1970s-rape-of-young-girl?fb_action_ids=10154259652069128&fb_action_types=og.comments&fb_source=other_multiline&action_object_map=%5B913686945391152%5D&action_type_map=%5B%22og.comments%22%5D&action_ref_map=%5B%5D

Roy Leon Robertson was booked into the Caddo Correctional Center on Monday, October 5 and charged with aggravated rape, according to the TV report.

He is accused of raping a girl under the age of 13 in the ‘70s, but the rape was not reported to Caddo authorities until 2014 when he came under investigation for similar offenses in Winn Parish.

The parallels in the Robertson and Ford cases are unmistakable. Both were accused of raping juveniles in the ‘70s even though in each case, the offenses were not formally reported until 2014, and the reported offenses occurred in the same general area of the state.

Yet, while one such report resulted in an immediate arrest, the other was dismissed because of what the local D.A said was an expired statute of limitation.

But let’s hear what a Caddo official had to say about that:

“There is no prescription for aggravated rape,” according to investigator Jared Marshall. A victim may come forward at any time. “Normally it’s called the statue (sic) of limitations, but in Louisiana it’s called a prescription,” the TV station quoted Marshall as saying.

Detectives said the victim decided to come forward upon learning that Robertson may still be harming young children.

“It doesn’t shock me at all that a report like this was made years later,” said psychologist Bruce McCormick. “Sometimes people are just not psychologically ready to make a report at the time, particularly the younger people,” he said.

Marshall said victims should not be concerned if it’s too late to prosecute. “The process of coming forward is for the protection of potential future victims,” he said.

Never too late to prosecute?

Oops. Apparently Jonathan Stewart didn’t get the memo.

“If he (Ford) had been indicted for just one thing, it would have been justice for so many people,” Kansas police dispatcher Simone Jones, one of Ford’s accusers, told the New Orleans Times-Picayune in January. She said Ford raped her in the early 1980s. “Why does this man continue to walk free?” she said following the grand jury’s decision.

The grand jury was convened a year after Jones and other former residents traveled to Arcadia in support of Jennifer Halter, a cancer victim who said she wanted to fulfill a dying wish to report Ford who she said began molesting her shortly after she arrived at the school in 1988, abuse she said continued until she left in 1990.

Jones said she was 14 when Ford forced her to perform oral sex on him.

“They let us down again,” Halter told The Times-Picayune. “I can’t understand why it’s okay for these people to do what they do and walk away like nothing was done wrong.” She said she experienced frequent sexual contact by Ford during choir trips to area churches which he chaperoned. She said she reported those incidents to police in 2013.

“This has gone on for years,” Tara Cummings told The Times-Picayune. A resident of New Bethany in 1982 and ’83, she said if the statute of limitations was an issue, Stewart should never have convened a grand jury to in the first place. “The particulars for the statutes of limitations for these crimes was always accessible to the DA’s office,” she was quoted as saying. “They (prosecutors) are the party who needs to understand and be clear about what is and what is not possible under the statutes.”

Perhaps Stewart should contact the District Attorney’s office in Caddo Parish—except he is no longer in office.

STEWART WITHDRAWAL

In April of 2014, Stewart fired Assistant District Attorney Danny Newell after Newell announced he would run against his boss. Stewart subsequently withdrew from his re-election bid and Newell was elected district attorney. https://lincolnparishnewsonline.wordpress.com/2013/04/25/da-stewart-fires-assistant-in-claiborne-newell-likely-opponent-in-14/

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Freagle, a groundbreaking political social network to connect voters and candidates, is set for Tuesday debut in Louisiana

Posted in Courts, Elections, Finances, Governor's Office, House, Senate, Judges, Legislature, Legislators, Media, Politicians, Public Records, Transparency on September 7, 2015| 6 Comments »

For political junkies and political reporters out there, this is just the ticket and it’s coming out party is tomorrow, Tuesday, Sept. 8, just in time for Louisiana’s fall elections.

Freagle, a free political social network designed to connect voters and candidates to engage the way our founders intended, will debut in Louisiana on Tuesday, Sept. 8.

LouisianaVoice anticipates it will make regular use of the site in order to keep its readers updated on political candidates.

Freagle.com will provide a personalized political platform on which voters can customize their issue and election preferences in order to cut through the noise and spin of our current political dialogue to learn who is on their ballot and where those candidates stand on the particular issues they care about.

“Freagle is designed to connect voters to the candidates on their ballot and provide a simple mechanism for learning about where they stand and what they will do if elected,” Freagle founder and CEO Niki Papazoglakis said. “It also allows candidates to easily engage with voters on the topics they care about individually without expensive micro-targeting and polling.”

Freagle is currently operating at: http://www.freagle.com/ . The full site will be live on Tuesday.

Citizens who use Freagle can easily determine who is on their ballot, in their specific precincts. The site will use the voter’s address to automatically connect them to the races on their ballots, but voters also have the ability to manually follow races in other districts. Voters are verified so there are no trolls or political operatives.

“I hope that by making it easy and convenient for voters to be informed and engaged on elections and amendments, more people will turn out to the polls this fall and feel confident that the votes they cast are for the people and topics that best reflect their personal views,” Papazoglakis said. “Ultimately, I hope that Freagle is a catalyst to re-engage voters in this representative democracy and get us back to a citizen-led government.”

Freagle’s other features will include:

  • Simple means of comparing candidates. Election forums will allow voters to conduct side-by-side comparisons of the candidates in each race on their ballot and on individual issues.
  • On-Demand candidates’ debates. Voters can pose questions to all candidates in a race who subscribe to Freagle from the Election Forum wall rather than individually through other venues like websites, Facebook or Twitter and without having to be selected or have timed responses in live forums.
  • My Ballot tool. Voters can research and make voting decisions throughout the election cycle and print their choices before going to the polls.
  • Verification. Voters are verified so there are no trolls or political operatives.

Papazoglakis said Freagle would also be a valuable tool for the news media. “The media will have a simple place to track all of the elections from a single location including who has qualified in each race, where the candidates stand on the issues, and how they are engaging with voters, “ she said. “In addition, comprehensive campaign finance reports are easily accessed from each candidate’s profile.”

Freagle will feature a custom report from the state Ethics Commission that will have significantly more information than the standard download from the Ethics website, Papazoglakis said, adding that the site will also include all campaign contributions for each candidate.

News media outlets wanting more information about Freagle should contact Papazoglakis at (225) 615-4570 or niki@freagle.com.

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Jindal misfires on executive orders in Iowa as lawsuits keep piling up; legal counsel Jimmy Faircloth put on speed dial

Posted in Contract, Contracts, Courts, DOA, Elections, Governor's Office, Health Care, Lawsuits, OGB, Office of Group Benefits, Politicians on July 22, 2015| 22 Comments »

And the hits just keep coming.

Bobby Jindal, a little distracted in his presidential campaign by his pesky job back home in Louisiana, has yet more legal problems piling up on his desk.

Meanwhile, Jindal, laser focused on becoming the leader laughingstock of the free world, offered up one of his most confusing diatribes yet while on his 99-county tour of Iowa, offering conflicting comments that any reporter worth his press credentials should be salivating over about now.

As the infamous north Louisiana hospital deals, complete with a contract containing 50 blank pages, begins its inevitable collapse (predicted by just about anyone with an IQ higher than a cluster of wet Spanish moss), complete with litigation and a backdoor public relations campaign by the current operator of the LSU Medical Center in Shreveport and E.A. Conway in Monroe, yet another lawsuit has been slipped under the door.

The first court hearing for a lawsuit against the state Office of Group Benefits (OGB), the Office of the Governor and the state Division of Administration will be conducted July 27 in Baton Rouge District Court before Judge Janice Clark. The hearing is scheduled for 1 p.m.

And guess who the state’s defense attorney will be? Yep, you got it. Jimmy Faircloth who has enjoyed about as much courtroom success as Wiley E. Coyote in pursuit of the elusive roadrunner. The only thing missing from Faircloth’s courtroom misadventures are anvils and dynamite. In representing the state in the OGB litigation, Faircloth will be adding to more than the $1.5 million he has already received in other representations. It’s not all Faircloth’s fault of course; he has been given some dogs to defend by this hapless administration.

The lawsuit was brought by a group of state employees, teachers and retirees, who are asking the court to overturn changes to OGB’s health plans that took effect March 1—premium increases and reduced coverage that were predicted by LouisianaVoice way back when the privatization of OGB was first proposed by the Jindal administration.

Representing the plaintiffs is J. Arthur Smith III of the Smith Law Firm of Baton Rouge.

The plaintiffs are claiming that changes forced on them by OGB were not enacted legally and they were denied a reasonable opportunity, as required by the Louisiana Administrative Procedure Act, to comment on the proposed changes. The plaintiffs further maintain that the OGB and the administration violated due process, the contracts clause of the Louisiana Constitution and their fiduciary duties to plan participants. The plaintiffs also say that increased costs and decreased benefits pose a financial hardship that limits their access to healthcare services and needed medicines.

An association formed to fund the lawsuit, LA VERITE’ 2015, is registered with the Louisiana Secretary of State. LA VERITE’ is French for TRUTH, and stands for Louisiana Voices of Employees and Retirees for Insurance Truth and Equity. There are no dues and membership is open to any active or retired state employee, teacher, or other interested individual.

Plaintiff Marilee Cash, a retiree, said the goal of the lawsuit is to protect approximately 230,000 state employees, teachers, retirees and their dependents who have health insurance through the Office of Group Benefits. “Large increases in out-of-pocket expenses, combined with withheld pay increases for active employees and cost-of-living adjustments for retirees, pose a financial hardship for many people covered by OGB,” she said. “Our compensation has not kept up with inflation during Gov. Jindal’s administration, due to mismanagement of state funds and poor fiscal decisions. Before March 1, our healthcare costs and insurance premiums were manageable. Now these increased costs have put healthcare services out of reach for many dedicated public servants and retirees.”

The administration claims the changes were made to preserve the Group Benefits reserve, which has been drastically reduced as OGB reduced premium revenue while paying out increasing medical claims expenses. The fund, created by the premiums paid by those who are insured, stood at about $500 million just two years ago. Less than half that amount remains. The Jindal administration drew down the reserve by reducing employer contributions in order to balance the state budget and then using money saved from reduced employer contributions to patch holes in the state budget.

In Iowa, Jindal took what might be considered an ill-advised swipe at President Obama and the U.S. Supreme Court (you know, the court he said several days ago should be abolished) at the Family Leadership Summit over the weekend.

At issue was the court’s ruling on the court’s recent same-sex marriage decision that prohibits discrimination against gays by businesses.

“The next president should do what we did in Louisiana,” he said: “issue an executive order saying the federal government will not discriminate or take action against any individual or business that has a traditional view of marriage.”

But wait. Isn’t the ACLU suing Jindal over his May 19 executive order that he issued after the legislature shot down a bill by Rep. Mike Johnson (R-Bossier City) to pass the Marriage and Conscience Act?

And wait again. Didn’t Jindal recently go a little ballistic over executive orders issued by President Obama?

Yep. As a matter of fact, after calling on the next president to issue an executive order like his, he turned right around and said…Wait. We want to make that a separate paragraph:

            “We’ve got a president who has made it a consistent practice to ignore the Constitution, ignore the laws, issue executive orders,” Jindal said as he promised that if he is elected president, he would immediately rescind Obama’s “illegal” executive orders.

So, on the one hand, he wants to rescind Obama’s “illegal” executive orders while proposing that the next president (presumably himself) to issue an illegal executive order identical to his own “Marriage and Conscience” order—illegal because the governor may issue executive orders pertaining to the executive branch of government only and not on matters that affect private sector action of any kind, according to ACLU executive director Marjorie Esman.

But hey. Once again LouisianaVoice implores you to remember that it was a Jindal operative who told Division of Administration employees in a meeting, “Let’s not be bound by the law.” If that’s not downright Nixonian, then up is down, down is up, and Brenda Lee was acid rock.

Any bets as to who will be representing the state on the ACLU litigation?

We’re reminded of the joke that (and we’re paraphrasing to fit the situation here) Jindal is a lot like a slinky: Not really good for anything but they still bring a smile when you push them down a flight of stairs.

Except Jindal’s not a slinky. He’s more like a train wreck and the damage inflicted when he went off the rails was widespread and massive—and it impacted every one of us.

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