Feeds:
Posts
Comments

Archive for the ‘Courts’ Category

Consolidation of power or rats deserting sinking ship?

Gov. Bobby Jindal appears to be consolidating his power base as he moves toward his final two years in office by positioning key allies as caretakers to watch the store in his four-year hiatus—a break he will no doubt us to seek higher office of latch on with some right wing think tank.

What Jindal is doing in the placement of former Chief of Staff Steve Waguespack as president of the Louisiana Association of Business and Industry (LABI) and Division of Administration spokesman Michael DiResto with the Baton Rouge Area Chamber (BRAC) as senior vice president for economic competitiveness is eerily similar to Huey Long’s lining up all his toadies before moving from the governor’s office to the U.S. Senate.

He earlier had helped get Scott Angelle, who almost certainly would have been replaced as Secretary of Natural Resources by Jindal’s successor, elected to the Public Service Commission and only recently he orchestrated the “retirement” of Congressman Rodney Alexander by placing him in a $130,000-a-year job as head of Veterans Affairs, a job, which if he remains three years, will boost his state retirement from about $7,500 to $82,000 per year.

By convincing Alexander to hang up his congressional spurs, Jindal opened the door (he hopes) for State Sen. Neil Riser to move into Alexander’s former Fifth District slot. That little coup may yet backfire as there has already been considerable pushback to that blatant back room deal.

Though BRAC did not say so, an additional duty for DiResto might be to help identify and sanction “legitimate” news media representatives. Nearly two years ago, DiResto arbitrarily decided that our sister organization, Capitol News Service, was not “legitimate.” That was the reason he gave—before relenting more than an hour later—for denying a copy of Jindal’s executive budget to CNS.

More lucrative work for Faircloth?

Jindal and Superintendent of Education John White’s ill-fated voucher plan has run into another obstacle in the form of a U.S. Department of Justice lawsuit to block vouchers in 22 of 34 parish school systems currently under federal desegregation orders.

It’s not the first time this issue has come up but the filing of the lawsuit adds a new dimension to the voucher controversy and it could be a new opportunity for Jindal’s favorite lawyer Jimmy Faircloth.

Financial windfalls don’t come along very often—unless you are Faircloth, who has already received some $1.1 million in fees while unsuccessfully defending the administration on a number of issues ranging from vouchers to retirement to lack of transparency in the selection of a new LSU president.

Now he has a golden opportunity to once again start the legal meter running.

At this rate, he could retire when Jindal leaves office.

Jindal invests in state retirement system even as he trashes its stability

You may remember all the hoopla about the state’s busted retirement systems. Jindal paraded administrative appointive officials before legislative committees to sound the alarm that the retirement systems were broke, kaput, bankrupt, broken and otherwise unsalvageable—unless the legislature approved Jindal’s radical program for state pension reform. That the “reforms” would have been devastating to state employees and would violate employee contracts was besides the point.

This was one of the dogs that Faircloth was asked to defend in state court. And it was one of several cases in which Faircloth was shot down in flames.

But wait! Even as the retirement systems were circling the drain (according to Jindal), Jindal was surreptitiously buying back his retirement from his prior service with the state in order to increase his own state pension.

Kinda makes you wonder  if he really believed his own Chicken Little falling sky rhetoric, doesn’t it?

Republican indignation over voucher suit

Hayride blog columnist Kevin Kane dutifully parroted the administration line that it was such a shame to trap kids in lousy schools.

Jindal called the lawsuit “shameful,” and said it was imperative to give every child, “no matter their race or their income, the opportunity to get a great education.”

It certainly is interesting to see these elitist types become so concerned with the education of black children so late in the day.

Katrina Obama’s fault, Louisiana GOP poll shows

A recent poll, admittedly conducted by the Democratic-leaning Public Policy Polling, is one of those surveys that Jindal has chosen not to trumpet as proof that he’s doing a “heckuva job.”

The poll showed that 29 percent of state Republicans said that President Obama was responsible for the poor federal response to Hurricane Katrina which devastated New Orleans eight years ago tomorrow (Aug. 29).

Obama may be many things—indecisive, weak, occasionally confused—but one thing he was not, was president. He was a freshman in the U.S. Senate, still three years away from being elected president.

At least Timmy Teepell didn’t try to saddle Obama with the Katrina debacle in his infamous tweet exchange with Baton Rouge blogger Bob Mann recently.

Read Full Post »

Sometimes you just have to peel back the layers to see what really lies beneath the surface of political decisions.

And nothing in the state of Louisiana is more political than the method in which F. King Alexander was chosen as the next president of Louisiana’s flagship university.

To put it as succinctly as possible, the entire charade was a crock.

And that, unfortunately, is the sorry state of affairs that higher education in general and LSU in particular finds itself in today.

Gov. Bobby Jindal, the LSU Board of Supervisors and attorney Jimmy Faircloth simply have no shame. That group of power brokers—power abusers, really—feels so secure, so insulated, so detached from the voters, students and alumni of LSU that they have arbitrarily decided that court decisions be damned, they can do as they please.

Apparently it’s not enough that higher education has seen its budget slashed by 80 percent during this governor’s reign of terror.

Jindal, the Board and Faircloth are so cocky that they obviously believe that not even a court order handed down by a Baton Rouge district judge can dislodge the names of the candidates for the LSU presidency for which one F. King Alexander was eventually chosen.

And to be sure, the credentials of Alexander, questionable at best, have to leave one wondering: is this the best a well-paid Dallas search firm could do? No, really, is F. King Alexander really the most qualified person in all of America this firm could find to lead Louisiana State University? If so, one must also question the credentials of the search firm, R. William Funk and Associates which was paid $120,000 plus expenses to come up with a man whose highest academic achievement was that of assistant professor.

Perhaps Funk and Associates is better suited to recruiting managers for Popeye’s Fried Chicken.

But then again, perhaps not. Maybe Funk and Associates scoured the country in search of someone willing and ready to walk into this political graveyard called LSU. After all, who in his right mind would want to come to this state where higher education has been decimated, disparaged and dismantled by a governor who over his five-plus years in office, has not displayed the faintest hint of fiscal responsibility or moral conscience and who is accountable only to campaign contributors and aspirations—delusions, if you will—of higher office?

It might be appropriate at this juncture to itemize the list of transgressions, omissions, power abuses, acts of corruption, contracts, appointments, campaign contributions, lies and blunders by Jindal and associates but frankly, it would take too much space. Perhaps another time.

For now, let us concentrate on LSU.

Let us ask ourselves why the LSU Board of Supervisors—and Jindal; after all, the board members would wet their collective pants where they sit before they’d go to the bathroom without the governor’s permission—are so hell-bent on keeping the list of candidates a deep dark secret.

The argument presented by the board through Faircloth—who, by the way, is 0-for-however many times he has been to court on the administration’s behalf (we long ago lost track as the losses mounted)—is that Funk initially identified 100 potential candidates before winnowing the field down to 35. The curriculum vitae and other data were placed on a secure website for members of the search committee to review.

From that number came a final group of “six or seven” who were “worthy of more intensive interviews.” In the end, King was the only candidate recommended to the full board by the search committee.

How convenient. How absurd.

Compare that to 1977 or so when I happened to be serving as managing editor of the Ruston Daily Leader. Long-time Grambling State University President R.W.E. Jones announced his retirement and the Board of Trustees for Colleges and Universities began taking applications for Jones’s successor. Every step of the way, Bill Junkin, the equivalent to today’s commissioner of higher education, and Trustees Financial Committee Chairman Gordon Flores kept the media abreast of each and every applicant (qualified applicants, by the way) all the way up to the selection of a new president.

There was the announcement in 2009 of all five candidates to be interviewed for the presidency of Southeastern Louisiana University in Hammond. They were identified by name, their current positions, and their qualifications for the position—something woefully missing from the LSU selection process.

Or take the more recent case involving the selection of a successor to Louisiana Tech University President Dan Reneau. The names and a brief biography of each candidate who had requested to be included in the selection process was published in all the area newspapers. When the selection committee had narrowed the candidate list to two, those individuals appeared in an open public forum. They addressed the public and availed themselves to questions from not only the Tech faculty, but the public at large.

This should have been the method employed in the selection of the new president of the state’s largest university, public or private. The difference, of course, was that the LSU president was chosen by Jindal’s hand-picked Board of Supervisors, the crème de la crème of political campaign contributors while the Tech president was chosen by the University of Louisiana System Board of Supervisors.

The LSU Board, however, used the oh-so-very-lame excuse that to release the names of applicants could inflict career damage to those who were not selected. Hogwash. What tripe. The very purpose of establishing a career track in higher education or any other field is to advance one’s career and you can’t advance your career without attempting to move up. And you can’t move up without making applications.

It wasn’t exactly a secret that Nick Saban, then at Michigan State, wanted to come to LSU and openly applied for the position. Nor was unknown that he was ready to move on to the Miami Dolphins a few years later. Last year, just about everyone knew Louisiana Tech’s Sonny Dykes would be moving on as had his predecessor Derek Dooley.

But to settle on a candidate who had advanced up the career ladder to only the level of assistant professor before succeeding his (ahem) father to the presidency of Murray State as if he were some kind of prince suddenly elevated to the throne? And then to the presidency of California State at Long Beach by virtue of his political connections to the then-chancellor of the University of California System? To that, we can only say, hmmm.

We will be taking a closer look at Alexander’s qualifications in the coming days.

Could the secrecy around the selection of King possibly have anything to do with the fact that a close relative of U.S. Sen. David Vitter had expressed an interest in the position—and possibly submitted an application? It’s well-established that there is no love lost between Jindal and the state’s junior senator, particularly from Jindal’s end of the relationship. (Remember how Jindal threw money at favored legislative and BESE candidates but steadfastly refused to endorse Vitter for re-election because he felt it “inappropriate” to interject himself into a state campaign?)

Or could it be that King was the choice all along and Jindal wanted desperately to conceal the inconvenient truth that there were, in fact, other more qualified candidates but who were unacceptable to this ego-driven governor?

One thing is for certain: Jindal, for whatever reason, desperately does not want the public—voters, students, LSU alumni or legislators—to know. And don’t think for a nano-second that the decision to resist releasing the names was that of the board. That’s laughable.

And stacking the board with supporters who contributed more than $175,000 to his various political campaigns can ensure the cooperation of board members long on loyalty but extremely short on honor, openness, transparency and accountability—the very selling points of one Bobby Jindal, who long ago eclipsed the late Dudley LeBlanc of patent medicine Hadacol fame as the foremost practitioner in Louisiana’s grand history of snake oil salesmen.

Read Full Post »

The late comedian Brother Dave Gardner once said, “I believe if a man’s down, kick him. If he survives it, he has a chance to rise above it.”

As a loyal follower of Brother Dave since the days of my long gone wasted youth of so many years ago, it is not mine to question. I was, after all, brought up in the Baptist Church (but switched to Methodist when I married) where I was taught that faith surpasses all understanding—or something like that.

So even though my thought processes tell me it’s wrong to kick anyone, especially when he’s down, my heart must follow the teachings of the one who said he was a preacher (but he preached “for it,” whatever “it” was). To do otherwise would be blasphemy.

So here goes: It looks as though Superintendent of Education John White may have lied again (insert collective audible gasp from readers).

White, named last December by the Education Clearinghouse web blog as the worst education superintendent in the country http://educationclearinghouse.wordpress.com/2012/12/08/louisianas-john-white-the-worst-superintendent-in-the-country/, announced on April 19 that he was withdrawing student information from a non-profit database run by NewsCorp. Owner Rupert Murdoch and linked to the Bill and Melinda Gates Foundation.

Or did he?

He made the announcement only days after talking up the arrangement to the Board of Elementary and Secondary Education (BESE), which had been unaware of his agreement to “park” student data in the inBloom “garage.”

LouisianaVoice first broke the story last February that White had entered into an agreement with inBloom to provide sensitive personal data on hundreds of thousands of Louisiana school children—with no guarantee from inBloom that the data would not be susceptible to intrusion or hacking.

The inBloom contract with Gates also would have allowed for the unrestricted subcontracting of duties and obligations covered under the agreement.

Murdoch said in 2010, “When it comes to K through 12 education, we see a $500 billion sector in the U.S.” http://www.inthepublicinterest.org/blog/jeb-bushs-education-nonprofit-really-about-corporate-profits?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+itpi-blog+%28ITPI+Commentary+Feed%29.

White met in September 2011 with Peter Gorman, senior vice president of Wireless Generation, the newly-formed education division of NewsCorp. It was in an exchange of emails with Gorman that White told Gorman, “Dude, you are my recharger.”

In a January email to White, Louisiana Department of Education (LDOE) executive assistant Vicky Thomas informed White that the department was participating in the data storage agreement with inBloom.

When news of the agreement between DOE and inBloom first became public, many parents protested to DOE about the furnishing of student data to the Murdoch company. NewsCorp had been involved in a major computer hacking scandal in Europe only months before and parents were wary of allowing the release of sensitive data to his company—or anyone else.

When White made the announcement on April 19 that he was rescinding the agreement, inBloom immediately tweeted, “Louisiana still part of inBloom community. Many inaccuracies in coverage.”

LouisianaVoice made a public records request three days later on April 22, for “the official letter or email that you sent to inBloom to cancel the data storage agreement as per the lead paragraph…from the Monroe News Star.”

White, openly flaunting the state’s public records law, ignored the request until LouisianaVoice filed a lawsuit seeking that and other records requested of the department. On Thursday, May 9, only days away from next Monday’s court hearing on LouisianaVoice’s lawsuit, DOE forwarded the last of a flurry of responses to various records requests.

Those responses obviously will be used as a defense that the department did, in fact, respond to all our records requests. Overlooked, apparently, is a provision in state law that says records must be produced immediately, not several months down the road and done so only to head off pending litigation.

Thursday’s response from DOE attorney Troy Humphrey said:

“Our public information office has requested that I inform you that the Department is not in possession of any public record(s) responsive to the above-written request.”

Wait. What?

If you have an agreement with an entity to provide personal data on hundreds of thousands of students, wouldn’t it be fair to assume there would be a contract or at least a memorandum of understanding setting out the terms and conditions of the agreement?

And if there is a contract and/or a memorandum of understanding, wouldn’t it also be fair to assume that if that agreement were cancelled by either party, there would be a letter or at least an email to that effect? A paper trail, as it were?

Is White so naïve that he can enter into and exit from an agreement as momentous as this without some official documentation?

He previously had either neglected or refused to provide copies of a memorandum of understanding with inBloom and now he’s trying to tell us that there is no written record of his withdrawing from the agreement?

Wow. Talk about a leap of faith.

Perhaps Rep. Alan Seabaugh needs to give him a call to jog his memory.

Or better yet, maybe Peter Gorman should check in. He was, after all, White’s “recharger.”

If and when Gov. Bobby Jindal or BESE President Chas Roemer gives White a “vote of confidence,” you’ll know he’s toast.

Read Full Post »

“The Scholarship Program will continue…and we will work with the Legislature to find another funding source to keep parents and kids in these schools.”

—State Superintendent of Education John White, in a prepared statement in response to the Louisiana Supreme Court’s 6-1 decision that using funds from the Minimum Foundation Program to fund vouchers for private and virtual schools is unconstitutional.

“Diverting dollars from our already struggling school districts to private school vouchers for a select few students is wrong.”

—State Sen. Karen Carter Peterson (D-New Orleans), state chairperson of the Louisiana Democratic Party, commenting on the State Supreme Court’s decision that taking MFP funds to finance vouchers is unconstitutional.

“This decision was not only predictable, but it was predicted. The governor appeared to have complete disdain for the law while he was chasing a vice presidential nomination.”

—State Rep. John Bel Edwards (D-Amite), commenting on Tuesday’s Supreme Court decision on voucher financing.

Read Full Post »

Tuesday’s ruling by the Louisiana Supreme Court that taking money from the state’s Minimum Foundation Program (MFP) is unconstitutional has thrown a monkey wrench into the plans by the Jindal administration to suck state funding from local school districts to pay for vouchers for private and virtual schools.

The ruling, by a convincing 6-1 majority, also may send more than 40 course providers in the proposed Course Choice program scurrying to find new ways to attract students (read dollars) now that the carrot of free admission may have been removed.

Anyone who still believes that the Louisiana Department of Education’s (DOE) Course Choice program is about educating Louisiana’s school children, and not about the money might wish to take a look at three advertisements currently running on Craigslist.

Actually, only one ad is necessary because the three are identical except for the locations of employment—Central Louisiana, Baton Rouge and Lafayette.

Despite a state district court ruling that found the funding method for Course Choice unconstitutional, Gov. Bobby Jindal and Superintendent of Education John White plunged ahead by allowing more than 40 course choice providers to begin marketing campaigns to attract students.

Forty-two course providers were approved to offer some 1500 online, blended and face-to-face courses through the Course Choice program. Providers included K-12, Inc., Florida Virtual School, Sylvan, five public school districts and every public college and university in Louisiana.

That shouldn’t be too difficult considering there is no cost to the student and students get a free iPad, provided White and Jindal can devise some plan to get past that pesky court ruling last Nov. 30 that said Minimum Foundation Program funds could not be taken from local school districts to finance state-approved vouchers.

An online blurb by Evergreen Education Group of Durango, Colo., a private consulting firm, says that as of March 2013, eligible Louisiana students “now have the opportunity to select their own online and face-to-face courses from a wide range of private providers through the Course Choice program.”

“Act 2 (of the 2012 Legislature) presents a shift in direction for virtual schooling in Louisiana, whose Department of Education has offered supplemental online courses through its Louisiana Virtual School (LVS),” the Evergreen posting says.

Another approved provider is SmartStart Virtual Academy (SVA), a division of SmartStart Education of Raleigh, N.C., the organization that placed the Craigslist ads for sales reps for its course choice curriculum.

That’s right; sales reps, not teachers.

You won’t find the word “teachers” anywhere in the ad and the only reference to education is the line that reads: “Help change the landscape of public education in Louisiana.”

Change the landscape. Nothing about improving education. That wasn’t even an afterthought. It’s all about the money.

“…SVA has been authorized to offer FREE (emphasis theirs) courses to high school students in the state of Louisiana for graduation credit.

“SmartStart Virtual Academy is hiring outside sales representatives to sell these FREE courses to high school students and their parents,” it says.

So, how do you sell something that’s free and how does SVA profit from something that’s free?

Because (drum roll, please)…it’s not free. You, the taxpayers of Louisiana were in line to pay for the courses. Local school boards were in line to take a financial hit of $1200 per student that was to have been taken from the local MFP allocation. That’s your tax money, folks.

It was to be a win-win situation, of course, for all those course choice providers because they were to get one-half their tuition up front, no matter whether the student finished or not (and most do not). The remaining 50 percent would be paid upon the student’s successful completion of the course.

And the determination of “successful completion” would have been left entirely to the discretion of the providers, who are not required to keep attendance records.

Until Tuesday’s Supreme Court ruling, that is.

“A motivated candidate (sales rep) could easily make $75,000 (or more) within the next six months,” the pie-in-the-sky ad says. “This is not an exaggeration, but rather a realistic target for the right candidate.”

The “right candidates” must have a tablet (iPad, Kindle Fire, etc.) with a data plan (which would be reimbursed after sales quotas are met).

The “right candidates” must be 18 years of age or older and must have reliable transportation so that they might be able to go door-to-door in high-poverty areas and sell parents on the concept of free courses, free internet, and a free iPad for their children.

And, oh yes, the “right candidates” must be able to pass a background check (no felonies within the past seven years). Felony convictions of eight or more years before apparently will be disregarded when hiring such highly skilled professionals.

But now, with Tuesday’s State Supreme Court ruling, Jindal, White, et al, are going to have to find another way to fund these vouchers for virtual schools, etc.

And it’s going to be interesting to see how many “course providers” become “ex-course providers” when they cut and run after seeing the Golden Goose slain by the state high court.

White, ever the loyal Broad Academy and Teach for America alumnus, kept a stiff upper lip in the wake of the ruling which in reality is a devastating setback for the administration.

“On the most important aspect of the law, the Supreme Court ruled in favor of families,” he said in a prepared statement. “The Scholarship Program will continue, and thousands of Louisiana families will continue to have the final say in where to send their children to school.”

“Nearly 93 percent of Scholarship families report that they love their school.”

We can only hope that 93 percent is not representative of the supporters who turned out at one recent rally in support of vouchers. One of the supporters who identified herself as the mother of a voucher student and who was holding a sign of support for the vouchers was in reality a DOE student worker recruited for the purpose of drumming up support for the department.

Yes, Mr. White, the voucher program may well continue. The Supreme Court, after all, did not address the constitutionality of vouchers. That was never the issue; robbing local school districts to pay for the vouchers was the only issue in question and the Supreme Court certainly made its position clear on that.

“We will work with the legislature to find another funding source to keep parents and kids in these schools.”

“Work with the legislature?”

Right now, the legislature does not appear to be in the mood to work with the administration. As one legislator said to Department of Revenue executive counsel Tim Barfield when he complained on Monday that lawmakers left the administration “out of the loop” after coming up with its own tax reform package: “Now you know how we’ve been feeling.”

“Another funding source?”

We know you’re from New York, Mr. White, so we’ll assume that you may not know that down here in the Deep South, we refer to such pseudo-bravado as whistling past the graveyard.

Oh, and by the way, don’t bother trying to blow smoke up our togas. We still remember the brash statements of this administration after the state district court ruling of last November: “A wrong-headed decision.” “We will prevail on appeal.”

Read Full Post »

« Newer Posts - Older Posts »