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Political back scratching questions will test our ‘Nothing Gets Done’ (admittedly cynical) lesson in Louisiana civics

Posted in Attorney General, Contract, Contracts, Corruption, DOA, Elections, Ethics, Fraud, Governor's Office, Health Care, Legislature, Legislators, Lobbyist, Media, Politicians, Privatization, Public Records on August 3, 2016| 5 Comments »

quid pro quo

ˌkwid ˌprō ˈkwō/

noun

A favor or advantage granted or expected in return for something.

Unless decisive action it taken over the next few days, our theory that nothing gets done about official chicanery, shady dealings and outright corruption will have been validated at the highest levels of state government.

And lest there are those who think I’m beginning to sound like a broken record, let me assure them that I will keep pounding the keyboard as long as I am physically and mentally able to put the glare of the spotlight on them and their deeds.

At one point in 2015, someone said to me, “Once Bobby Jindal leaves office, you won’t have anything to write about.”

Not a chance.

Unfortunately, as long as politicians are intoxicated by money and power, there will be plenty to write about. And, as Johnny Mathis sang his song The Twelfth of Never, “that’s a long, long time.”

Take Kristy Nichols, for example. Someone, please. (Sorry, Henny Youngman.)

Or, just for fun, compare the strikingly similar cases of Ascension Parish President Kenny Matassa and Louisiana Attorney General Jeff Landry.

Kristy, as LouisianaVoice reported last September, jumped the Jindal ship to join Ochsner Health System as Vice President of Government and Corporate Affairs (read: lobbyist).

https://louisianavoice.com/2015/09/17/more-on-kristys-new-job-it-seems-ochsner-gets-17-6-million-for-running-chabert-hospital/

The only problem with that was that as Commissioner of Administration for Jindal, she presided over virtually every facet of state government except the legislative and judicial branches, but worked closely with those as well. State law prohibited her from lobbying the administrative and legislative branches but apparently there was nothing to prevent her from lobbying local governmental entities.

On November 5, 2015, less than two months following our story, Kimberly L. Robinson, an attorney with the Jones Walker law firm, acting on behalf of Ochsner, requested an advisory opinion on the question of whether or not Kristy could legally lobby the state.

A month later, Gov.-elect John Bel Edwards named Robinson as the new Secretary of the Department of Revenue, prompting her resignation from Jones Walker.

http://www.nola.com/politics/index.ssf/2015/12/john_bel_edwards_appoints_kimb.html

Robinson was replaced by R. Gray Sexton as counsel for Kristy.

Sexton was an obvious choice, given his years as Chief Administrator for the Louisiana Board of Ethics. His knowledge of the system was so keen that in 2007, he pulled his own end-run when he resigned and the board immediately rehired him in a new capacity which allowed him to skirt a requirement under a newly-passed ethics law that he disclose clients in his private law practice (how’s that for irony?).

http://blog.nola.com/times-picayune/2007/07/ethics_administrator_quits_the.html

But back to Kristy’s dilemma.

On December 16, Sexton submitted a request to the ethics board to withdraw the request for an advisory opinion. Then, on January 22, 2016, Sexton submitted an Application for Declaratory Opinion on behalf of Kristy. That was followed by a request to withdraw the Application for Declaratory Opinion on March 31. The board granted the request to withdraw at its April 15 meeting.

The chronology was provided to LouisianaVoice in an e-mail Tuesday (Aug. 2) from Deborah S. Grier, Executive Secretary for the Board of Ethics. Here is that email:

——– Original message ——–

From: Deborah Grier <Deborah.Grier@LA.GOV>

Date: 8/2/16 9:14 AM (GMT-06:00)

To: azspeak@cox.net

Subject: RE: Opinion on Kristy Nichols: Public Records Requests

Good morning, Mr. Aswell:

Pursuant to your public records request of July 29, 2016 regarding an opinion issued by the Board with respect to former Commission of Administration Kristy Nichols’ employment as a lobbyist by Ochsner Health System, please be advised of the following:

A request for an advisory opinion dated November 5, 2015 was submitted by Kimberly L. Robinson with the Jones Walker law firm on behalf of Ochsner Health System and Kristy Nichols.  Ms. Robinson subsequently left the private practice of law and was replaced by R. Gray Sexton as counsel for Ms. Nichols as indicated in correspondence to our office from Mr. Sexton dated December 11, 2015.  On December 16, 2015, a request to withdraw the request for an advisory opinion was submitted to our office.  The Board considered and granted the request to withdraw the request for an advisory opinion at its December 18, 2015 meeting.

 Mr. Sexton, by correspondence dated January 22, 2016, submitted to the Board an Application for Declaratory Opinion on behalf of Ms. Nichols.  A request to withdraw the Application for Declaratory Opinion was received by this office on March 31, 2016.  The Board considered and granted the request to withdraw the Application for Declaratory Opinion at its April 15, 2016 meeting.
No opinion has been rendered by the Board with respect to this issue.
Should you have any questions or need additional information, please do not hesitate to contact me.

Sincerely,
Deborah

Deborah S. Grier
Executive Secretary
Louisiana Board of Ethics

So, what does all that mean?

Could it be that Ochsner and Kristy have decided to let sleeping dogs lie? After all, if she proceeds with lobbying efforts and no one files an official complaint, then it’s no harm, no foul, right? That would certainly run true to form for Jindal’s Gold Standard of Ethics.

A quick check by LouisianaVoice, however, revealed that Kristy is not registered among any of Ochsner Health System’s 10 lobbyists. Sexton told LouisianaVoice today that Ochsner had apparently decided not to pursue the matter and it was his understanding that the company was pursuing “other plans” for Nichols. “Ochsner has a number of other lobbyists,” he said.

So if she is not a registered lobbyist, then just what is it that she does to earn her keep as Vice President of Government and Corporate Affairs?

Or was her employment simply some form of payback as we initially suggested in light of the $31 million Ochsner received in takeover of the Leonard Chabert Medical Center by Southern Regional Medical Corp. and Ochsner as part of Jindal’s haphazard state hospital privatization plan?

https://louisianavoice.com/wp-content/uploads/2015/09/terms-of-the-ochsner-deal-at-leonard-chabert-medical-center.pdf

We’d no sooner received Ms. Grier’s email on Tuesday than the Baton Rouge Advocate posted a couple of stories, also on Tuesday, that caught our eye.

The first involved a claim by Gonzales City Council candidate Wayne Lawson that Ascension Parish President Kenny Matassa and Gonzales businessman Olin Berthelot attempted to bribe him not to seek a city council seat against incumbent Neal Bourque.

The Pelican Post news website first published the report that Matassa and Berthelot had offered Lawson $1,200 and a parish job if he would withdraw from the race. The deadline to withdraw was last Friday (July 29) at noon. Lawson, after posing for a photograph with the cash, a parish job application form and candidate withdrawal forms, returned the money and documents to Berthelot’s office without completing either of the forms.

http://www.theadvocate.com/baton_rouge/news/communities/ascension/article_d9fda80a-58df-11e6-884c-d3779607197c.html

Ricky Babin, District Attorney for the 23rd Judicial District, said his office would investigate Lawson’s claims. He said the Ascension Parish Sheriff’s Office and the Louisiana Attorney General’s Office are also investigating the allegations.

The Attorney General’s Office may be in something of a quandary as it embarks on that investigation, however.

The second Baton Rouge Advocate story, by reporter Gordon Russell, conjured up the ethics complained filed against Iberia Parish Sheriff Louis Ackal.

http://www.theadvocate.com/baton_rouge/news/politics/article_6f7a7990-58e9-11e6-9cd1-a36f0eb42bbf.html

https://louisianavoice.com/wp-content/uploads/2016/03/ethics-complaint.pdf

https://louisianavoice.com/2016/03/03/between-beating-guilty-pleas-sexual-harassment-lawsuit-and-ethics-complaint-iberia-sheriff-louis-ackal-has-his-plate-full/

https://louisianavoice.com/2016/03/09/one-week-after-louisianavoice-story-feds-hand-down-three-count-indictment-of-iberia-parish-sheriff-ackal-top-deputy/

In his story, Russell said that Landry, after trailing incumbent Buddy Caldwell by two percentage points in the primary election for Attorney General last October, received the endorsement of third place finisher Geri Broussard Baloney of Garyville in St. John the Baptist Parish, who had polled 18 percent.

With her endorsement in his back pocket, Landry, a former U.S. Representative, easily won the November runoff over Caldwell (who can forget Caldwell’s concession speech?). Soon thereafter, Baloney’s daughter, Quendi Baloney, was given a $53,000-a-year job by Landry.

At the time of her hire, all would-be employees of the AG’s office were required to sign a form agreeing to background checks and were also asked, in writing, if they had any criminal record.

In her case, she did. In 1999, she was charged with 11 felony counts of credit card fraud and theft, eventually pleading guilty to three counts, according to court records from Henrico County, Virginia. She was sentenced to six years in prison, all of it suspended.

Her new job? Well, it’s in the AG’s fraud section. More irony.

But in the end, her background is of less interest, given that her conviction was 17 years ago, than the fact that she was given her job as apparent payback for her mom’s endorsement of Landry following the first primary election in October.

A spokesperson for the AG’s office, Russell wrote, did not respond to questions about whether other candidates had applied for Quendi Baloney’s job or whether Landry had hired any other convicted felons.

For her part, Quendi Baloney told The Advocate that her arrest and conviction were “devastating,” but had made her a “stronger, harder-working ethical adult…”

She forwarded to The Advocate a link to the state’s new “Ban the Box” law which prevents state agencies from asking applicants about their criminal records. That law, however, did not take effect until after she was hired.

It’s going to be more than a little interesting to see how Landry’s investigation of Matassa and Berthelot unfolds in light of the same day’s revelations about his own actions.

But we’re willing to wager that when the dust settles on the issues of Matassa, Berthelot, Nichols, Ackal (the state ethics complaint, not the federal indictment) and Baloney, we’ll still be able to say:

Nothing gets done.

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In a state where graft and corruption abound, honesty and law enforcement have taken a permanent leave of absence

Posted in Boards, Campaign Contributions, Commissions, Corruption, Courts, DOA, Ethics, Fraud, Governor's Office, Jobs, Legislature, Legislators, Lobbyist, Politicians, Retirement, State Police on July 25, 2016| 12 Comments »

Call it the summer doldrums or whatever you wish. The truth is there hasn’t been much political blog activity—from any of us.

It’s not that there is a dearth of news to report; between killings by cops, killings of cops, terrorist attacks, political accusations, political promises that border on fantasy, e-mail scandals and plagiarized speeches, there’s more than enough to go around. But somehow, we’ve become inured, victims of a malady we can only identify as scandal fatigue for lack of a better term.

But LouisianaVoice, with the help of a couple of volunteer researchers, is working on a project that should generate considerable readership interest—unless, of course, readers are also victims of the summertime lethargy that seems to be at least somewhat contagious.

But we’d be less than honest if we didn’t admit we get pretty discouraged when we expose wrongdoing—some of it even criminal in nature—on the part of elected and appointed officials and nothing is done about it.

What more needs to be done, for example, than to point out the illegal use of campaign funds for such personal use as season tickets to sporting events, luxury car leases and even paying ethics violation fines and personal federal income taxes from campaign funds? Yet, nothing is done.

https://louisianavoice.com/2015/05/17/improper-spending-of-campaign-funds-appears-to-be-the-rule-rather-than-the-exception-in-louisiana-random-check-reveals/

What more needs to be done than to publish official investigative reports of a state trooper having sex in his patrol car while on duty to bring severe disciplinary action down on that officer?

https://louisianavoice.com/2015/10/04/you-couldnt-time-an-egg-with-this-guy-state-police-lt-has-sex-twice-on-duty-once-in-back-seat-of-patrol-car-still-on-job/

It took LouisianaVoice weeks and many stories before official action was finally taken against a state trooper who went home to sleep during his shift so that he could work his second job the next day before he was finally fired. And even though we revealed that his supervisor allowed this practice to go on for years, the supervisor was simply transferred—even after we published audio recordings of that same supervisor refusing to accept a citizen’s complaint after he had denied refusing the complaint.

https://louisianavoice.com/2015/09/11/gift-cards-for-tickets-payroll-chicanery-quotas-short-shifts-the-norm-in-troop-d-troopers-express-dismay-at-problems/

After we ran a story about a legislator, who made thousands of dollars by purchasing stock in a company he knew was going to be approved for a major program with the Department of Education, that legislator was re-elected.

https://louisianavoice.com/2014/03/27/senate-education-chairman-appel-purchases-discovery-stock-week-before-company-enters-into-state-techbook-agreement/

When we outed Frederick Tombar III, the $260,000 per year director of the Louisiana Housing Corporation, over his sexually explicit emails sent to two female employees, he promptly resigned only to turn up at Cornerstone Government Affairs, a consulting company headed by former Louisiana Commissioners of Administration Mark Drennan and Paul Rainwater.

https://louisianavoice.com/category/campaign-contributions/page/9/

When we ran the story of a clerk in Fourth Judicial District Court in Monroe with ties to powerful attorney and banking interests who was failing to show up for work, both the Louisiana Attorney General the Office of Inspector General punted on their investigations.

When a north Louisiana contractor sued the Louisiana Department of Transportation and Development over attempts by DOTD employees to extort payoff money from him, he won more than $20 million. Instead of paying up as it should, however, the state simply said it doesn’t have the money to pay the contractor who was forced into bankruptcy by the department’s criminal activity. Yet, no one at DOTD was fired, much less prosecuted.

http://www.thenewsstar.com/story/news/local/2015/12/04/contractor-wins-20m-suit-against-dotd/76813444/

Department of Public Safety Deputy Undersecretary Jill Boudreaux twerked the system by taking an incentive buyout for early retirement that netted her an extra $59,000. She promptly promoted herself and came back to work the next day at a salary bump. Ordered to repay the $59,000 by then Commissioner of Administration Angele Davis, she never did.

https://louisianavoice.com/2014/08/24/edmonson-not-the-first-in-dps-to-try-state-ripoff-subterfuge-undersecretary-retiresre-hires-keeps-46k-incentive-payout/

But a caseworker for the understaffed and overworked Office of Children and Family Services was arrested with all the appropriate posturing and chest-thumping by law enforcement officials—including State Police—for payroll fraud after allegedly falsifying reports on monthly in-home visits with children in foster care.

https://louisianavoice.com/2016/03/13/dcfs-funding-slashed-necessitating-driveway-visits-but-overworked-caseworker-is-arrested-for-falsifying-records/

The lesson here is obvious: if you’re politically connected, you can scarf off $59,000 with no repercussions but if you’re a lowly civil servant striving to meet impossible work demands brought about by budgetary cuts, you’re SOL. It’s not that we condone the payroll falsification, but justice should that should be administered evenly and blindly—but somehow never is.

The stories we have written about the Louisiana State Board of Dentistry and what the board does to dentists to destroy their practices and their very lives are horrific. Some of the investigative tactics and the retributions against defenseless dentists are sadistic at best and criminal at worst. Yet the board is allowed to continue its practices unchecked.

And as recently as May 2, we have the announcement from Gov. John Bel Edwards of the appointment of TERRENCE LOCKETT of Baton Rouge to the Louisiana Auctioneers Licensing Board. His appointment was made despite his being ordered in 2013 to pay $600 in penalties for his failure to file lobbying expenditure reports from March-December 2011 and his second-offense DWI in April 2014, which was reduced to a first-offense DWI.

http://gov.louisiana.gov/news/gov-edwards-announces-boards-and-commissions-appointments-5-2

By now, you’ve probably detected a trend.

It’s more than a little frustrating to see these transgressions reported, to know they are seen by those in a position to do something, and yet see these same ones in charge do nothing—or do so little as to make any discipline meaningless.

LouisianaVoice over the next few days will examine ethics fines that have gone uncollected for years, critical legislative audits of state agencies about which nothing seems to get done, and campaign contributions and lobbying activity that fortify the positions of special interests while diminishing to virtual insignificance the influence and interests of Louisiana’s citizens.

And nothing gets done.

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Baton Rouge judge permits lawsuit against Office of Group Benefits to move forward as possible remedy for insomnia

Posted in Courts, DOA, Ethics, Governor's Office, Judges, Lawsuits, Legislature, Legislators, Office of Group Benefits on June 13, 2016| 4 Comments »

By Robert Burns

With all parties acknowledging the need for an affirmation of her ruling Monday (June 13, 2016) by the First Circuit Court of Appeal, 19th JDC Judge Janice Clark denied multiple exceptions filed by the Louisiana State Office of Group Benefits (OGB) in response to a lawsuit filed by six retired state employees.

The lawsuit alleges that OGB, which provides health insurance coverage to nearly a quarter of a million state workers, teachers, retirees, and dependents, didn’t follow proper approval procedures calling for prior notice and public comment on significant changes to their health insurance coverage.

Winston DeCuir, Sr., who claimed in oral arguments before Judge Clark that the lawsuit was “moot,” explained that in June 2014, significant changes began to come under consideration for OGB benefits.

When an uproar began that the contemplated changes had not followed proper procedures, former Louisiana Attorney General James D. “Buddy” Caldwell’s Office issued a ruling on September 23, 2014 that, in fact, the rule-making process had been circumvented.

Pursuant to Caldwell’s ruling, DeCuir said, OGB sought an “emergency rule” to take effect because of the urgency of the situation. When Judge Clark inquired, “What triggered the need for the emergency rule?” DeCuir responded that the rapidly-shrinking balance in the reserve fund prompted OGB actuaries to say something had to be done as soon as possible.

DeCuir indicated that genuine concerns existed that, if the rate of decline wasn’t slowed, the system could literally deplete its reserve balance and be left with no funds with which to pay claims. He neglected to say the reserve fund was drawn down from its one-time high of $500 million by the reckless fiscal policies of the Bobby Jindal administration.

DeCuir explained that because of the looming impact the rule change would have on those covered by OGB benefits, on November 23, 2014, OGB issued the emergency rule but also provided simultaneous guidance entailing the additional costs to those covered.

He indicated that some costs would continue to be reimbursed until September 30, 2014 rather than August 1, 2014 as was originally planned.  He also emphasized that full implementation of the changes would not transpire until March 1, 2015 rather than January 1, 2015.

DeCuir noted that the final rule entailing full implementation was implemented on February 20, 2015 to replace the emergency rule. He said that with the required 180-day timeframe for going through normal procedures for rule changes, together with another 180 days to actually implement the changes, OGB’s reserves would have run a very serious risk of being fully depleted before the effects of the changes could take hold.

DeCuir said a public hearing was held on the changes but was “very, very poorly attended.”  He added, “In fact, I don’t know if any of Art’s (Smith, counsel for plaintiffs) clients were even present for the hearing.” Arthur Smith, III, dismissed the hearing as a “sham” designed to accomplish nothing but “window dressing with everything already done.”

Smith then focused his arguments on Jindal’s administration having “drained” OGB’s reserve balances. That statement prompted a sharp retort by DeCuir who said, “That statement simply is not accurate. There was not one dime transferred out of OGB’s reserves to the general fund. What transpired is that premiums charged to members declined. That, in turn, resulted in a decline in the State of Louisiana’s match in that it covers 75 percent of the cost of the coverage.  That is what caused the reserves to decline.”

Judge Clark then asked for reiteration of the fact that no funds were swept from OGB’s reserves to the general fund. Both DeCuir and Michael Adams, another defense attorney representing OGB, were emphatic in stating no such sweeps transpired.

What actually occurred was this: the administration lowered premiums so that its own 75 percent match would be reduced and the money saved from that maneuver was then used to cover some of the recurring budgetary shortfalls experienced by Jindal and a sadly incompetent but compliant Legislature for eight straight years. The decline in premiums, Mr. DeCuir, was not caused by fewer covered employees but by the clumsy shell game perpetrated by Jindal and Co. That statement, Mr. DeCuir, is accurate.

DeCuir indicated to Judge Clark that the plaintiffs may not be happy if they get what they’re ultimately seeking with their lawsuit. He explained that it’s conceivable that plaintiffs could end up owing OGB significant premium dollars if the plaintiffs do in fact ultimately prevail.

In making her ruling, Judge Clark stated: “The Court is of the opinion that plaintiffs have stated a valid cause of action within the four corners of the document.  It’s time for this matter to be presented to the First Circuit, which I understand is now returning from Sandestin, so that these plaintiffs can know whether they can move forward with their claim or have it drained.”

Adams then inquired about the prospect for him to assert Exceptions for Prematurity and Subject Matter Jurisdiction. Clark said that the Exception of Prematurity was too “intertwined” with DeCuir’s exception and therefore denied that exception as part of the day’s proceedings.  When DeCuir inquired if he could reassert the Exception of Subject Matter Jurisdiction, Clark indicated he could “have another bite at the apple, but it needs to be quick.”

Smith wrapped up the proceedings by inquiring about a Motion to Compel he’d previously filed, but Clark said, “Surely that matter can be resolved between the parties.” Adams then indicated that Smith had modified his discovery requests to make it far more narrow and that he believed that a mere meeting between him and Smith ought to be able to negate the need for any hearing on a Motion to Compel.

Adams said after the day’s hearing that he would appeal Clark’s ruling to the First Circuit Court of Appeal.

Judge Clark said if the whole matter proceeds to trial, “It will be a challenge to keep the jurors awake when all those actuaries start testifying.”

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Louisiana’s Public records laws being routinely ignored by officials; lawsuits, fines increase – all at taxpayer expense

Posted in Corruption, DOA, Education, Ethics, Governor's Office, Lawsuits, Legislature, Legislators, Media, Politicians, Public Records, Transparency on April 5, 2016| 6 Comments »

First of four-part series:

Officially, it’s Louisiana Revised Statute (L.R.S.) 44:1 et seq., or informally, the Louisiana Public Records Act.

It’s a sister statute to L.R.S. 42:4.1 et seq., otherwise known as the Louisiana Open Meetings Law.

Both are state laws enacted to give us the right to examine public documents and to attend meetings of public bodies in order to know what our elected representatives and political appointees are doing that affect our lives.

But to some in positions of authority, from city marshals to the previous governor’s office, they are merely suggestions.

And that’s what’s keeping Louisiana courts a little busier these days.

Today begins a four-part installment on ways in which certain public servants circumvent or even ignore the state’s public records law.

Under L.R.S. 44:1 et seq., a public body is defined to include a “political subdivision, or any committee, subcommittee, advisory board, or task force thereof.”

Public records include “all books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state.”

Custodian is defined as “the public official or head of any public body having custody or control of a public record, or a representative specifically authorized by him to respond to requests to inspect any such public records.

“It shall be the duty of the custodian of the public records to provide copies to persons so requesting.

“In any case in which a record is requested and a question is raised by the custodian as to whether it is a public record, such custodian shall within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of the request in writing for such record notify in writing the person making such request of his determination and the reasons therefor. Such written notification shall contain a reference to the basis under law which the custodian has determined exempts a record, or any part thereof, from inspection, copying, or reproduction.” (Emphasis added.)

Under L.R.S. 44:31, the right to examine records is clearly spelled out:

  • Providing access to public records is a responsibility and duty of the appointive or elective office of a custodian and his employees.
  • Any person may inspect, copy, reproduce, or obtain a reproduction of any public record.
  • The burden of proving that a public record is not subject to inspection, copying, or reproduction shall rest with the custodian.

LOUISIANA PUBLIC RECORDS ACT

There is no ambiguity in the law. It’s all right there in black and white. Yet, there are those, notable of them Superintendent of Education John White, former Commissioner of Administration Kristy Nichols, the LSU Board of Supervisors, a city marshal, and some judges who steadfastly abide by their own set of rules that were—and are—in stark contrast to what the law enunciates in concise language that any layman can easily comprehend.

Two key words are now routinely ignored: Public, as in public records, and Servant, as in public servant.

Almost exactly three years ago, in April 2013, the Baton Rouge Advocate and the LSU Daily Reveille filed suit against the LSU Board of Supervisors to obtain a complete list of candidates for LSU President, a position awarded to F. King Alexander. After winning at the district court level, the First Circuit Court of Appeal split the baby by partially reversing 19th JDC Judge Janice Clark’s ruling that the names of all 35 candidates must be turned over to the public. The First Circuit ruled that only the four finalists for the post and not the entire 35 names must be made public. http://theadvocate.com/news/11213914-123/lsu-wins-partial-reversal-in

The First Circuit also overturned Judge Clark’s sanctions against LSU which would have had the university having to pony up some $50,000 in fines.

LouisianaVoice has participated in the running battle over public records, winning one, losing one and winning a partial victory in a third that is currently on appeal.

The first case involved a request for records from the Louisiana Department of Education. When those records were not forthcoming, we sued and won a judgment of $2,800 plus court costs and attorney’s fees. That judgment was paid by DOE shortly after the decision by Judge Clark.

We later sued the Division of Administration but our suit was tossed by District Judge Mike Caldwell who helped DOE attorneys formulate their objections from the bench. But soon we were back before Caldwell in a second public records suit that rendered a strange decision, a token slap on the wrist to Nichols who then appealed.

In that case, we had several public records request outstanding, including one in which we made our request in October 2015. On the same day we made our request, we had a state representative file an identical request through House Legislative Services. The legislator had the records in two days. In January of 2016, three months later, we still did not have the records, including the one given the legislator within two days, so we sued. Wonder of wonders, no sooner was the lawsuit served than presto! DOA hand delivered a disc containing the requested records.

Prior to trial, DOE offered to settle our case for attorney fees and court costs. We declined.

So we again entered the courtroom, again presided over by Judge Caldwell, confident that we had a solid case. According to our calculations, DOA owed fines of $100 per day for each day in which each of the requests went unanswered—a total of about $45,000. Caldwell, in his infinite wisdom, awarded us eight days on one request, or $800, plus court costs and attorney fees. He also ruled that Nichols would be personally liable, meaning a check would not be forthcoming from DOE but from her personal checking account.

Then Nichols did a curious thing: she appealed. She appealed an $800 judgment to the First Circuit. And even though Caldwell held her personally liable, the taxpayers are picking up the legal costs of her appeal and those costs aren’t cheap. But since she appealed, we did likewise, asking the First Circuit to overrule Caldwell and assess the full $45,000. Arguments have not been scheduled on the appeals but it is our contention if the lower court decision is upheld or better yet, if the appellate court decides to impose the full amount, or somewhere in between, Ms. Nichols should be required to pay her own legal costs. It was her decision, after all, to take a personal penalty up the ladder.

Tomorrow: Superintendent of Education John White personifies the contempt with which officials treat requests for public records—and adverse court judgments by concocting non-existent rules along the way that delay justice by requiring plaintiffs to jump through imaginary hoops to collect what’s owed them.

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Only three weeks in and the new administration already looks, sounds, and smells like same old business as usual

Posted in DOA, Elections, Finances, Governor's Office, Legislature, Legislators, Politicians, State Agencies on January 28, 2016| 42 Comments »

God knows, I’m no financial wizard. My bank account balance clearly illustrates that. Nor am I a political strategist qualified to critique an administration less than a month into its term of office. After all, it took three years of Bobby Jindal blunders for me to become cynical enough to launch LouisianaVoice.

Moreover, my advice is worth precisely what I charge for it: zero.

Still, there are developments in the John Bel Edwards administration that are already prompting questions and causing my spider senses to tingle a bit.

Obviously, the reappointment of Mike Edmonson as State Police Superintendent heads that list. Likewise, the reappointment of Jimmy LeBlanc over the Department of Corrections raised more than a few eyebrows given the ongoing investigation into the Louisiana State Penitentiary at Angola and the myriad of problems documented there.

But I am aware of political reality and the reality is the Louisiana Sheriffs’ Association wanted both reappointed. Edmonson because of what he can do for the sheriffs, i.e. jobs to sheriffs’ relatives; LeBlanc because of the convenient arrangement that has local jails housing state prisoners at a nice profit to the sheriffs.

Edmonson and LeBlanc aside, there are other appointments and salary structures that should raise a few eyebrows.

Take Thomas Enright, for example. Bobby Jindal’s former executive counsel, Enright repeatedly found ways to block legitimate public records requests by throwing up the “deliberative process” defense. And don’t forget, it was apparently on his advice that Jindal signed the infamous “Edmonson Amendment” in 2014 that would have given Edmonson an additional $50,000 or so in retirement. That was the last-minute amendment tacked onto an otherwise benign bill by State Sen. Neil Riser of Columbia which was ruled unconstitutional by a Baton Rouge district judge pursuant to a lawsuit filed by State Sen. Dan Claitor of Baton Rouge.

So Enright was shown the door, right?

Not exactly. While he is no longer the governor’s executive counsel and while he is no longer earning $165,000 per year, he was kept on the payroll by Edwards. Shunted off to the Department of Veterans Affairs where he will serve as executive counsel to that agency, his salary was reduced to $120,000 per year, a 27 percent cut in pay.

Meanwhile, Edwards has announced staff and cabinet appointments with combined salaries of $2.4 million.

Several months ago, when it first appeared that he had a real chance to win the governor’s race, I offered up some of that free advice I alluded to earlier.

In an email to Edwards, I offered up what I thought at the time was a bold but sensible suggestion: appoint retired executives to key cabinet positions and pay them $1 per year. I even offered up the name of the retired president of my alma mater, Louisiana Tech, Dan Reneau. I didn’t know of Dr. Reneau would accept a job, but I used his name as an example of someone with expertise who was financially secure and not political ambitious.

Obviously, such an appointee would have to be someone who didn’t need the money and it would be imperative that such a person would not want to use the position as a springboard to political office.

And it’s not like mine was an original idea. The precedent has been set already—many times. Perhaps the most famous dollar-a-year men are President John F. Kennedy, former Chrysler CEO Lee Iacocca and former Apple CEO Steve Jobs. https://en.wikipedia.org/wiki/One-dollar_salary

http://www.businessinsider.com/ceos-who-take-1-dollar-salary-or-less-2015-8

Others include former California Gov. Arnold Schwarzenegger, Google founders Larry Page and Sergey Brin, Oracle Chairman Larry Ellison, Hewlett Packard CEO Meg Whitman, former New York City Mayor Michael Bloomberg, Los Angeles Mayor Richard Riordan, and Facebook founder Mark Zuckerberg, to name only a few.

Some of those of course took healthy stock options in lieu of salary, but not all did. Jobs, Iacocca, Kennedy, Schwarzenegger, Bloomberg and Riordan did not. Nor does John Mackey (Whole Foods), Jack Dorsey (Twitter), David Filo (Yahoo), Jeremy Stoppelman (Yelp), Edward Lampert (Sears), or Richard Hayne (Urban Outfitters).

Obviously there are few other than Tom Benson that are in the same league with these gazillionaires and even his fortune pales in comparison to Zuckerberg’s $46 billion. But there are certainly a sufficient number adequately well off to give of their time to fill a dozen or so crucial spots in state government. Their expertise, after all, could be invaluable in addressing the state’s dire fiscal woes head-on. The absence of a political agenda on their part could only be an added plus.

Edwards’ response to my suggestion?

“I’ll think about it.”

Apparently he didn’t think too long about it. Like his predecessor, he has loaded down his administration with top-heavy salaries and has even raised the salaries of six appointees.

Joey Strickland got $134,351, a $4,351 raise over what David Lecerte was earning as Secretary of Veterans Affairs and Jay Dardenne’s salary as Commissioner of Administration is $237,500 compared to Jindal’s last commissioner Stafford Palmieri’s $204,400.

New DOTD Secretary Shawn Wilson is making $176,900, an increase of $6,900 over the previous secretary, Sherri LeBas. Former State Rep. Karen St. Germain will make $125,000 as Motor Vehicles Commissioner, compared to former commissioner Stephen Campbell’s $103,614.

Press secretary Richard Carbo is being paid $110,000. Jindal press secretary Mike Reed made $93,600 and General Counsel Matthew Block pulls down $180,000 compared to Enright’s $165,000.

Granted, the $2.4 million outlay for cabinet and staff members (so far) is not a lot when one considers a looming budget deficit of $700 million for the remainder of this fiscal year and a whopping $1.9 billion (and counting) for the next fiscal year which begins July 1.

But placing retired executives with the appropriate expertise in key positions would have been a symbolic—and productive—gesture that would have sent a positive message to voters that Edwards is serious about solving the state’s fiscal mess. Such a move would have marshaled the state’s brain trust into a united effort never before seen in this state—probably in any state. It would have said to a few good men and women who still have much to offer: “Hey, we’re all in this together. Come help us.”

Instead, it was a missed opportunity. For one who said he would “not be a business-as-usual” governor, this looks, sounds, and smells a lot like business as usual. http://www.nola.com/politics/index.ssf/2016/01/john_bel_edwards_emphasizes_un.html

I hope I’m wrong.

 

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