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Archive for the ‘Ethics’ Category

The Baton Rouge Advocate had a superb story today (Sunday, Feb. 22) that revealed that Gov. Bobby was out of state 45 percent of the time during 2014 at a direct cost of $314,144 to taxpayers in travel, lodging, meals and rental vehicles for state police security details. You can add another $58,500 (45 percent of his $130,000 per year salary) in additional costs for which taxpayers got no return while he was chasing the pipe dream of becoming president. http://theadvocate.com/news/education/11626690-63/frequent-flier

What you are about to read, though, is not about that. We’ve written about his travels before and The Advocate’s story thoroughly documents the actual costs of his travel to the extent that it would be redundant for us to beat that drum here.

Instead, this story, while much shorter than my usual posts, is simply about a Smart Phone.

And it says volumes about just how casually this administration takes its responsibility for the looming $1.6 billion state budget deficit.

It also says a lot about how certain people are not above helping themselves as they prepare to head out the door even as the institutions they are sworn to protect are swallowed by the expanding financial crisis—non unlike the captain abandoning a sinking ship with passengers still on board. We can only hope they remember to turn off the lights as they leave.

It speaks to the disdain contempt these people have for moral codes and legal constraints which require that they put the welfare of the state first and their own interests last.

And it practically shouts the double standard, the hypocrisy, and the lack of character ingrained in the makeup of the very people entrusted with running the state in the most economical, most responsible and yes, the most principled, manner possible—and their willingness to take ethical shortcuts even as they create and then walk away from a huge fiscal mess for someone else to clean up.

All this fuss over a Smart Phone?

Yes, because the entire affair is symptomatic of a much greater illness—official callousness, obliviousness and indifference—character flaws this state can ill afford in its leaders.

All over a Smart Phone.

You see, Commissioner of Administration recently decided she wanted a new Smart Phone.

Not a state-owned Smart Phone, one that would remain for her successor when she leaves office, but a Smart Phone for her very own personal use, owned by her.

And she wanted the State of Louisiana (taxpayers) to pay for it, according to our source inside the Division of Administration.

And she wasn’t shy about asking the Office of Telecommunications Management (OTM) to purchase one for her.

But OTM said no.

Nichols persisted.

OTM continued to say no.

Nichols finally relented.

But it was the very act of trying to get the state to pony up the money for a Smart Phone for her personal use that rubs salt into the state’s festering fiscal wound and calls into serious question the very integrity of the entire administration of Gov. Bobby.

It Nichols’ apparent disregard for well-defined rules and regulations disallowing just such actions that leaves the authenticity of everything she says and does subject to scrutiny and justifiable skepticism.

She should never have made such a request…and she knows it.

Her attempt at compromising her office and that of OTM, however, was only an extension of an attitude that runs throughout the upper levels of state government.

From the purchase of the luxury Eddie Bauer and Harley-Davidson trucks by former Insurance Commissioner Robert Wooley, to long-term Enterprise auto rentals for State Department of Education employees, to legislators who use campaign funds for LSU, Saints and Pelican tickets and for expensive meals, to last year’s unconstitutional attempt to bolster State Police Superintendent Mike Edmonson’s retirement by $55,000 a year, to Deputy Commissioner of Administration Ruth Johnson’s ordering of two desktop computers, a laptop and expensive furniture for her office, there is an attitude of entitlement that permeates the offices of those who impose a completely different set of standards on the rest of us.

And it’s an attitude that flows from the top down.

And the real tragedy is nobody will do a damned thing about it.

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What began as an 18-month $350 million contract with a San Diego firm with ties to former U.S. House Speaker Newt Gingrich has morphed into a 15-month $500 million agreement with the Office of Group Benefits OGB to administer the state’s prescription drug program for more than 220,000 state employees, retirees and dependents.

But details have emerged that raise questions about a possible conflict of interests involving a consulting firm retained by a teachers benefits program in Alabama and OGB in Louisiana which ultimately recommended awarding contracts to the same company by both states.

OGB’s contract with MedImpact was originally for $350 million and was to run from Jan. 1, 2014 through June 30 of this year but has been amended to $500 million and the terms shortened to March 31, which equates to an increase of about 74 percent.

Gingrich launched the Center for Health Transformation as part of an ambitious consulting and communications conglomerate to let consumers, not health maintenance organizations (HMOs), choose their doctors, medical treatments and hospitals. http://hl-isy.com/Products-and-Services/Pharmacy-Benefit-Evaluator/PBE-Abstracts/2012/MedImpact

But Gingrich failed to reveal that his idea would be financially beneficial to drug manufacturers, health insurers and other health care professionals who paid up to $200,000 annually to participate in the center’s operations.

MedImpact was one of those companies.

Gingrich’s taking money from organizations and then using the weight of his name to advance their interests was described as “a massive financial conflict of interest” by Sid Wolfe, director of health research for the watchdog group Public Citizen. http://www.washingtonpost.com/wp-dyn/content/article/2007/06/10/AR2007061000484.html

Even former Congressman Billy Tauzin of Louisiana has entered the picture as co-chair of Medicine Access and Compliance Coalition (MACC), an assortment of health care providers who advocate lower drug prices through the federal 340B Program. http://www.huffingtonpost.com/2013/08/13/billy-tauzin-drugs_n_3719468.html

Section 340B of the Public Health Service Act requires pharmaceutical manufacturers participating in the Medicaid drug rebate program to provide outpatient drugs at discounted prices to taxpayer-supported health care facilities that provide care for uninsured and low-income people. http://www.aha.org/content/13/fs-340b.pdf

Despite the magnitude of the MedImpact contract, it is the company’s connections to Buck Consultants, hired by the state to select the winner from among four proposals for that contract, which appears more than a little questionable.

OGB’s Notice of Intent to Contract for the Pharmacy Benefits Management (PBM) service, obtained from the Division of Administration (DOA) nearly four months after requested by LouisianaVoice—and then only after we filed a lawsuit against DOA—says, “Representatives of Buck Consultants, OGB’s actuarial consulting firm, provided assistance to the (selection) committee throughout the review and evaluation process.”

Buck Consultants, readers may remember, figured prominently in the controversy over DOA’s mishandling of OGB and the dissipation of more than half of OGB’s $500 million reserve fund.

Commissioner of Administration Kristy Nichols told a legislative committee that Buck Consultants had recommended that the state lower premiums for members of OGB, a move that led directly to the evaporation of the reserve fund. Communications between Buck and DOA obtained by LouisianaVoice, however, refuted Nichols’ claim.

Four firms submitted proposals to administer the prescription drug program for OGB. They were CVS Caremark, Express Scripts, Catamaran and MedImpact. CVS was disqualified because of sanctions imposed on the company in January of 2013 by the Center for Medicare and Medicaid Services (CMS).

Catamaran was the previous contractor but the company and the state have been involved in extended litigation which is expected to continue at least through June 30 of this year.

“As indicated in the Buck report, the proposal submitted by MedImpact has been determined to be the most advantageous to the state…,” said the Notice of Intent to Contract. “Accordingly, the committee recommends that the contract …be awarded to MedImpact.”

The connections between MedImpact and Buck, a global human resource benefit consulting firm that is part of the Xerox conglomerate, however raise conflict of interests issue—a relationship that LouisianaVoice traced back to the awarding of a contract to MedImpact in 2010 to administer the pharmaceutical benefits program for Alabama public school teachers, retirees and dependents through the state’s retirement system.

The Alabama Public Education Employees’ Health Insurance Plan (PEEHIP) board members, lacking pharmacy specialty training, retained Buck Consultants in late 2009 and early 2010 to handle the entire process, including writing the request for proposals (RFP), receiving and scoring the RFPs and making a recommendation for a contract.

Buck handled the entire process and gave the board the choice of contracting with MedImpact which was named by Buck primary contact person Michael Jacobs as having the best of several proposals submitted. The entire recommendation to the board took up a single paragraph in the board minutes.

The employee for the Retirement System of Alabama (RSA) who negotiated and signed the contract between the state and MedImpact later admitted in deposition that he had been involved in a relationship with a female representative of MedImpact.

But it was the relationship between Buck, Jacobs and MedImpact that warrants a closer look.

Even as he was contracted by RSA to issue, receive and evaluate the RFPs, it turns out that Buck, unbeknownst to Alabama officials, was simultaneously under a $50,000 contract to MedImpact. BUCK DEAL WITH MEDIMPACT

Jacobs, in a Dec. 23, 2009, letter to MedImpact Vice President of Business Development Bryan Boda, noted that the term of the contract was from Dec. 24, 2009, through Feb. 28, 2010, but upon written notice, “will be extended for an additional term, as mutually agreed to by both parties.”

Attached to that letter was a description of the scope of services to be provided by Buck which, among other things called for Buck to:

  • Provide MedImpact with marketplace information without disclosing anything to identify MedImpact’s proposal;
  • Collect competitor information, utilizing the internal proprietary Buck database of vendor information and drawing upon Buck’s “extensive data base” on PBM industry practices as well as outside public sources;
  • Develop a competitive employer marketplace analysis;
  • Present its final report during a final meeting with MedImpact at its (MedImpact’s) corporate headquarters.

It should pointed out that attorneys for three Alabama pharmacies excluded from participation in the prescription drug program for the teachers found it necessary to obtain the letter of agreement between Buck and MedImpact from Buck after MedImpact refused to provide the information.

The discovery of the contract between Buck and MedImpact during the time Alabama was in the process of selecting a prescription drug administrator for PEEHIP immediately raises the question of whether a similar arrangement existed between the two during the time Louisiana was selecting an administrator for OGB’s prescription drug benefits program.

An email to Buck Consultants posing that question was not answered.

MedImpact also refused to divulge what it was paying for prescription drugs, revealing only what it was charging Alabama. In one case, attorneys for the three pharmaceutical companies did obtain a document showing that MedImpact paid about $26 for an amoxicillin prescription but charged the state $96.

That, of course, also raises the question of how the billing is done by MedImpact for OGB. Does MedImpact pass along a 300 percent mark-up to OGB at a time when the state is, for all practical purposes, broke? MedImpact calls itself a transparent company but like our “transparent” governor, it has not been forthcoming thus far with details about what it pays for prescription drugs or about its contract with Buck Consultants.

And at the other end of the spectrum, it appears that not nearly enough hard questions have been asked by officials—either in Alabama or Louisiana.

After all, how can it be considered an acceptable practice for Buck Consultants to contract with a state to issue an RFP, evaluate the proposals and make a recommendation to award the state contract to a firm already contracted with Buck Consultants for Buck to collect competitor information?

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Senator Daniel R. Martiny's Picture

STATE SEN. DAN MARTINY

C.B. Forgotston may have opened a can of worms…with the unwitting help of State Sen. Dan Martiny (R-Metairie)—and much to Martiny’s chagrin.

Forgotston, you see, is an independent old cuss who used to work for the legislature and he has been serving for a number of years now as an unofficial overseer of all things state government and few events escape his skeptical critique of the actions and motives of elected officials, particularly legislators, or as he calls them, leges.

Called “King of Subversive Bloggers” by no less an expert on cynicism than Baton Rouge Advocate columnist James Gill, Forgotston is beholden to no one and any leges who crosses swords with him does so at his own peril.

Martiny may have found out the hard way when he sent this email to Forgotston Sunday around 4:16 p.m. informing C.B. that his emails to the good senator were no longer welcomed:

From: “Martiny, Sen. (Chamber Laptop)” <dmartiny@legis.la.gov>

To: “C.B. Forgotston” Date: Sun, 15 Feb 2015 16:16:34 -0600 Subject:

Re: Where’s Buddy?

Take me off your list until u do something positive about anyone.

Martiny was responding to Forgotston’s “Where’s Buddy” post in which he took Attorney General Buddy Caldwell to task for the AG’s reluctance to do his job in telling the Caddo Parish Commissioners they are in violation of the Louisiana State Constitution by virtue of their illegal participation in the Caddo Parish retirement system.

Forgotston noted that Legislative Auditor Daryl Purpera has done his job in saying commissioners’ participation in the retirement system is illegal but Caldwell, as has been his M.O. since taking office, has been strangely quiet on public corruption.

And while there is certainly nothing wrong in going after free-lance pharmaceutical salesmen (drug dealers), child pornographers and the like, Caldwell has displayed an obvious dislike for making waves in the political waters and has steadfastly run from public corruption cases.

And we know that while the 1974 State Constitution took much of the prosecutorial duties from the attorney general, the AG is still the legal adviser for all state agencies and if nothing else, Caldwell should step forward and whisper in officials’ ears when they are seen skirting the edge of the law. (Commissioner of Administration Kristy Nichols’ open violation of the state’s public records law comes immediately to mind. So does Auctioneer Board attorney Larry Bankston’s advice to the board to actually refuse to release public records.)

But we digress.

If you notice, Martiny’s message for C.B. to delete future mailings to him was written on his Senate chamber laptop, which some might interpret as an unwillingness on his part to hear from citizens on matters that concern them.

“My periodic mailings address issues of concern to me primarily about state and local government,” Forgotston said on Monday.

“The mailings are sent to each lege via a public server owned by taxpayers. The address to which it is sent is also provided by the taxpayers.”

Forgotston said that after a “gentle reminder,” Martiny, an attorney, relented and acknowledged the provisions of the First Amendment to the U.S. Constitution.

“Other leges may not be as familiar with the First Amendment as is Martiny,” he said. “As a public service, here is some background on the First Amendment which leges might find useful in dealing with members of the public.

“The First Amendment states, ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.’” (Emphasis Forgotston’s)

The right to freedom of speech, he says, “allows individuals to express themselves without interference or constraint by the government. (Emphasis Forgotston’s)

“The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. (Emphasis Forgotston’s)

“Not only do we have a right to contact the leges regarding matters of government, they are prohibited from interfering with our exercise of that right,” Forgotston said. “That includes the blocking of emails as some leges have done in the past.

“Any lege not wishing to receive my communications, please forward me a copy of your letter of resignation from the lege and you will be promptly removed from all future mailings.”

Now, just to give you a little background on Sen. Martiny, who:

  • Fought a bill by State Sen. Dan Claitor (R-Baton Rouge) which would have prevent legislators from leaving the House or Senate and taking six-figure jobs in order to boost their state retirement. It’s worth noting that several legislators had been appointed to cushy state jobs by the Gov. Bobby administration. Noble Ellington of Winnsboro was named second in command at the Louisiana State Department of Insurance at $150,000 per year; Jane Smith of Bossier City was appointed Deputy Secretary of the Department of Revenue ($107,500), though she admitted she knew nothing about taxes or revenue; Troy Hebert of Jeanerette was named Commissioner of the Louisiana Alcohol and Tobacco Control Board ($107,500); Kay Katz of Monroe, named to the Louisiana Tax Commission ($56,000); former St. Tammany Parish President Kevin Davis named Director of Governor’s Office of Homeland Security and Emergency Preparedness ($165,000), and former St. Bernard Parish President Craig Taffaro was appointed Director of Hazard Mitigation and Recovery ($150,000).
  • Pushed through an amendment that gutted Senate Bill 84 by Sen. Ben Nevers (D-Bogalusa), a bill originally designed to protect vulnerable borrowers from predatory payday lenders. Nevers sought to cap payday loan annual interest rates at 36 percent which was an effective way to rein in those lenders who were charging annual percentage rates of up to 700 percent. Martiny’s amendment removed the APR cap and instead simply limited borrowers to 10 short-term loans each year.
  • Pushed through a bill that was subsequently signed by Gov. Bobby which prohibited state contractors from entering into agreements with labor unions, prohibited public entities from remaining neutral toward any labor organization, and prohibited the payment of predetermined or prevailing wages.
  • Introduced a bill that was subsequently signed by Gov. Bobby which re-created 17 state boards, offices and commissions. Louisiana already has far more boards and commissions than any other state but apparently no one saw a need for reducing the number.
  • Introduced a bill subsequently signed into law by Gov. Bobby that gave judges on state district courts, courts of appeal and the Louisiana Supreme court pay raises ranging from 3.7 percent to 5.5 percent—even as Louisiana civil service employees were forced to go without a pay raise for the third straight year.
  • Introduced but later withdrew a bill that would have allowed the Louisiana Department of Economic Development (DED) the authority to offer air carriers a rebate of up to $500 annually for each incremental international passenger flying to or from a state airport for a period of up to five years.
  • Introduced a bill allowing DED to offer tax credits refundable against corporate income and corporate franchise taxes for businesses agreeing to undertake activities to increase the number of visitors to the state by at least 100,000 per year. (We’re beginning to see the problem with the state’s economic incentive tax breaks here).
  • Introduced a bill to provide tax credits for solar energy systems of up to 50 percent of all costs.
  • Introduced a bill that would have allowed the Commissioner of Insurance to fire the Deputy Commissioner of Consumer Advocacy without cause.

Let’s examine that very last one again. Louisiana law provides for the appointment of a deputy commissioner of consumer advocacy by the Commissioner of Insurance.

This is important, provided that person is wholly independent of Commissioner of Insurance Jim Donelon who gets the bulk of his campaign finances from insurance companies he is supposed to regulate.

Donelon, obviously, cannot be expected to ride herd over his benefactors. That’s just not the way politics works in Louisiana. So a consumer advocate in the department is critical—especially after all those stories about Allstate and State Farm denying legitimate claims from Hurricane Katrina and other tactics such as the Delay, Deny, Defend strategy as taught the insurance companies by Gov. Bobby’s former employer, McKinsey & Co.

The law provides that the consumer advocate may be terminated only for cause.

But Martiny wanted to change that and though the bill did not pass, one has to wonder about his motives.

To learn that, you’d probably have to email him at dmartiny@legis.la.gov

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(CLICK ON IMAGE TO ENLARGE)

“That clanking sound you heard,” says blogger C. B. Forgotston, “was Louisiana’s proverbial fiscal can hitting the end of the road.” And he has been around state government long enough to know the signs.

“Like a kid behaving badly, we’ve been placed on probation,” added State Treasurer John Kennedy.

Both men’s assessments were in response to the double whammy of two investor rating services’—Moody’s and Standard & Poor’s—action to move Louisiana’s credit outlook from stable to negative on Friday and to threaten the more severe action of a downgrade.

“This should be a wake-up call that we need to stop spending more than we take in,” Kennedy said.  “We’ve drained our trust funds, we’ve relied on nonrecurring money and we’ve had to cut the budget in the middle of the fiscal year for too many years now.  Many have been warning that this day would arrive, and it has.”

The dual action by the two ratings services impacts $2.7 billion in outstanding general obligation debt and $1.25 billion in related debt.

Moody’s warned that continued structural imbalances, steep growth in pension costs, deterioration in financial liquidity and failure to contain costs in the state’s Medicaid system will result in a credit rating downgrade, making it more costly for the state to borrow money.

S & P added a warning that “Should budget adjustments fail to focus on recurring solutions or if the structural gap grows with continued declines in revenue or material reductions in federal program funding to the state, we could lower the rating” even further.

Gov. Bobby immediately attempted to put a positive spin on the bad news (or as Forgotston described it, tried to pour perfume on the manure pile to change the smell but not the content) by saying that the agencies didn’t lower the ratings on the existing outstanding General Obligation bonds.

But what Gov. Bobby did not say, according to Forgotston, was that the rating on those bonds was not lowered because the Louisiana State Constitution gives those bonds first call, even before employee retirement benefits, on all the money in the state treasury. “In other words, if the state goes bankrupt, those bonds will be paid,” he said, adding that future state borrowing will also cost more.

It could also mean that in the event of default, retirees won’t be getting their pension checks, something that should get the gray panthers up in arms.

At this point, we feel it important to point out—just in case anyone still needs reminding—that Gov. Bobby has been traveling all over the country (well, mainly to Iowa and Washington, D.C.) spewing his rhetoric about how he has cut the number of state employees, how Louisiana’s economy is out-performing other states, how new industry is locating to Louisiana, and how little it costs to attend LSU.

Except it’s all part of his big lie—except, of course, the part about hauling state workers out to the curb.

But if he is so hell-bent on claiming and then taking credit for all these wonderful events and trends (of course he never mentions the state’s high poverty rate, poor health care availability, our second lowest median household income, the eighth lowest percentage of citizens with a bachelor’s degree or higher, or our fifth highest violent crime rate), then he must shoulder the blame for the bad news as well.

Any coach will tell you that’s the way the game is played; if you take credit for the wins, you have to take the blame for the losses.

And of course, he never, never does that. Everything out of his mouth is about all the great accomplishments of his administration, and always spouted off in such rapid-fire fashion as to give little chance for argument from dissenters. It’s his style to overwhelm with statistics quoted by rote in his boring staccato delivery.

Well, Bobby, your rhetoric—and for that matter, you as well—are wearing a little thin.

The doubt began creeping in here in Louisiana midway of your first term and has continued to build until now the national media have caught on. Only last week, three or four national stories revealed the pitiful shape you are leaving our state in for your unfortunate successor to attempt to clean up.

Unfortunately, whoever follows you will most likely be a one-term governor because no one can clean up your mess in a single term and the voters are likely to grow weary of whoever is unfortunate enough to follow you and turn him or her out of office after four years in a desperate attempt to find a quick solution that in reality may take decades. You have set this state back that far (Thank you, Gov. Mike Foster for inflicting this plague upon us).

And, Gov. Bobby, you can just mothball your national political ambitions. Being President is a far distant fantasy by now and any prospects of a cabinet position are just as surely disappearing like so much sand through your fingers. You can now only accept that you will go down as one of, if not the most vilified governor in the history of this state. You have succeeded, by comparison, in making Earl Long appear to have been in full control of his mental faculties back in 1959.

And lest anyone think we are giving the legislature a free pass on this situation, think again. With only a handful of exceptions, those of you in the House and Senate have been complicit in this charade of governance. You have aided and abetted this pitiful excuse of a chief executive who, while pandering repeatedly that he had the job he wanted, nevertheless plunged full speed ahead toward his fool’s errand of seeking the Republican presidential nomination. Why, his own family was talking openly of his becoming President—at his first inauguration way back in 2008!

Moody’s and S &P were each quite thorough in laying out the reasoning for their simultaneous actions on Friday.

Moody’s said its action reflects a $1.6 billion structural deficit, continued budget gaps, the state’s large Medicaid caseload, job growth below the national average and significant unfunded pension liabilities.  “The negative outlook reflects the state’s growing structural budget imbalance, projected at $1.6 billion for fiscal 2016, or about 18% of the $8.7 billion general fund even after significant budget cuts of recent years,” Moody’s said. “The state has options for reducing the imbalance, including scaling back various tax credit programs, but the overall scale of balancing measures needed may further deplete resources and reduce the state’s liquidity, which has been one of its strengths.”

S & P was no kinder, citing Gov. Bobby’s reliance on non-recurring revenue which it said only served to increase future budgetary pressures. “In our view, the state’s focus on structural solutions to its general fund budget challenges will be a key determinant of its future credit stability.

“We could consider revising the outlook back to stable if revenue trends stabilize and if Louisiana makes material progress in aligning its recurring revenues and expenditures on a timely basis with a focus on recurring solutions. Should budget adjustments fail to focus on recurring solutions or if the structural gap grows with continued declines in revenue or material reductions in federal program funding to the state, we could lower the rating,” S & P said.

Forgotston, in his own unique way, tells us what Moody’s and S & P were really telling us: “Bobby, you and the legislators have made a big ‘number-two’ mess in your fiscal pants and we have no faith in your ability to clean it up. Folks, don’t let the legislators try to fool you; this is very bad news for us taxpayers and the legislators are the reason for it.”

Yes, it’s easy to blame Gov. Bobby because he has in his seven years initiated every Ponzi scheme one could imagine from giving away something like $11 billion in tax incentives (according to one recent story), to giving away the state’s charity hospitals, to robbing the Office of Group Benefits reserve fund, to attempting to rob the state’s retirement system, to refusing federal grants for needed projects, to rejecting Medicaid expansion and thus depriving the state’s indigent population access to decent health care which in turn led directly to the announced closure of the emergency room of a major Baton Rouge hospital. The list goes on.

But, as Gov. Bobby is so fond of saying, at the end of the day, it was the legislature, through the “leadership” of Senate President John Alario, House Speaker Chuck Kleckley and Appropriations Committee Chairman Jim Fannin that allowed him to do it by refusing to grow a collective set and stand up to this vindictive little amateur dictator.

This is an election year and Louisiana voters—particularly state employees, former state employees who have lost their jobs because of Gov. Bobby, teachers, retirees and the state’s working poor would do well to remember what this governor has done to them and which legislators voted to support the administration’s carnage inflicted upon this state.

There are those few in the House and Senate who have spoken up and tried to be the voices of reason but those voices have been drowned out by Gov. Bobby’s spinmeisters.

So when you vote for governor next fall, you would do well to ignore the TV commercials bought by those who want only to continue down this same path of economic destruction and growing income disparity and consider who you believe really has the best interest of the state, and not the special interests, at heart. In other words, think for yourselves instead of letting some ad agency do your thinking for you.

If you don’t get your collective heads out of the sand and in the most emphatic manner you can muster, tell your neighbors, your friends, your family, the clerk at the store where you shop for food and clothing, the cashier at the restaurant where you eat what this governor and this legislature have done to you and to them, then come next fall, you have no one to blame but yourselves.

The time for joking about Gov. Bobby is over. We’re at the end game now.

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Even as Gov. Bobby is busy handing out pink slips to state employees (a new round of layoffs is anticipated momentarily), LouisianaVoice has learned of a couple of unusual hiring practices—one involving yet another retire-rehire, this time by the Department of Public Safety, and a possible case of nepotism that has since quietly been resolved in the Louisiana Department of Health and Hospitals (LADHH) with the timely transfer of the mother of a LADHH administrator to another agency.

DHH Deputy Secretary Courtney Phillips has accepted the position of Secretary of the Nebraska Department of Health and Human Services (NDHH) and will begin her duties there on April 1, according to a press release from LADHH Secretary Kathy Kliebert.

Courtney Phillips has been employed by LADHH since 2003 when she began as a management intern. She was appointed Deputy Secretary on May 10, 2013, at a salary of $145,000, according to information obtained by LouisianaVoice from LADHH.

Her mother, Sheila Phillips was initially hired by LADHH on June 19, 2012, as an Administrative Coordinator at a salary of $37,500.

“At no point in time did Courtney Phillips serve in a supervisory role over Sheila Phillips,” said LADHH spokesperson Olivia Watkins in an email Thursday to LouisianaVoice. “Regarding her time as deputy secretary, Courtney Phillips did not officially begin her tenure as deputy secretary until May 10, 2013. Sheila Phillips ended her employment with DHH on May 9, 2013, and is currently an employee with the Department of Environmental Quality.

Civil Service records reflect that Sheila Phillips actually resigned on May 8, 2013, two days before her daughter’s promotion, and began working on May 9, 2013, for the Department of Environmental Quality as an Administrative Assistant 4 and currently makes $40,560 per year.

And while Courtney Phillips did not begin as deputy secretary until two days after her mother left the agency, her curriculum vitae that she submitted to the State of Nebraska notes that she served as Chief of Staff at LADHH from September of 2011 until her promotion to deputy director—which was during the time when her mother was hired.

State statute, according to Watkins, specifically says that “no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.”

The statute defines “agency head” as chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency, Watkins said.

“Based on consultation with Civil Service, agency head would not include the chief of staff position, precluding any violation of the state nepotism law during her tenure in that role. Furthermore, as chief of staff, Courtney Phillips did not have legal appointing authority or supervise any DHH program office, including the Office of Public Health where Sheila Phillips worked from 06/09/2012 through 05/09/2013.

“Given that definition and the facts of the employment of Courtney Phillips and Sheila Phillips, nepotism was not a concern,” Watkins said.

Her resumé, however, says her Chief of Staff duties involved the planning and direction of “all administrative, financial, and operational activities for the department’s Secretary, Deputy Secretary, and Undersecretary” and that she acted “as a point of contact between top management and employees, as well as developing, overseeing and maintaining the budget for the executive office. She also said in her resumé that she served as a “key member of the executive management team responsible for the central coordination of activities and ensuring timely flow of information to and from the executive office.”

Moreover, on various LADHH organizational charts obtained by LouisianaVoice, Courtney Phillips served directly under the position of agency undersecretary during the tenures of both Bruce Greenstein, who resigned in March of 2013, and Kliebert.

As a “key member of the executive management team,” she was also a member of and regularly voted on matters coming before the LADHH Statewide Governance Board and signed off on letters to top legislators dealing with LADHH policy.

Meanwhile, an Information Technology (IT) Director 4 who retired from his $140,500 a year job at the Division of Administration (DOA) on Oct. 31, 2014, began working on Dec. 8, just over a month later, for the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) as a technology consultant at $70 per hour, Civil Service records show. Jeya Selvaratnam

SELVARATNAM GOHSEP

Prior to his four-month stint with DOA, which began on June 23, 2014, and ran through Oct. 31 (he was retired for little more than a month, from Nov. 1 through Dec. 7), Jeya Selvaratnam worked first as an IT Deputy Director 2 for the Department of Public Safety’s (DPS) Office of Management and Finance from Sept. 25, 2006 through Aug. 27, 2008 at which time he was promoted to IT Director 4 for the same office. He remained at that post until June 22, 2014, when he moved over to DOA.

The Louisiana Board of Ethics prohibits former state employees from working for the same agency within two years of their retirements. The statute (R.S. 42:1111-1121) says, “During the two year period following the termination of public service as a public employee, these individuals may not assist another for compensation, in a transaction, or in an appearance in connection with a transaction involving the agency in which the former public employee participated while employed by the agency nor may the former public employee provide on a contractual basis to his former public employer, any service he provided while employed there.”

GOHSEP spokesperson Christina Dayries, however, said when retirees are rehired by state agencies, they are allowed to earn half of what they collect in state retirement. He was earning $140,500 per year and with more than 30 years of service, qualifies for at least 75 percent of his base salary in retirement. That computes to more than $105,000 in retirement, plus 50 percent of that amount as a re-hire up to $158,000—nearly $18,000 more than he made full time.

The project on which Selvaratnam now works as a part time capacity is the DPS FirstNet National Public Safety Broadband Network.

The project calls for the expenditure of up to $135 million of a State and Local Implementation Grant (SLIGP) provided by the National Telecommunications and Information Administration (NTIA) to provide emergency responders with their first nationwide, high-speed broadband network dedicated to public safety, according to a Power Point presentation given on Jan. 21 and 22 of this year to provide an overview of the program created under the federal Middle Class Tax Relief and Job Creation Act of 2012.

The $135 million 80-20 federal-state grant is only for the planning of the project. Implementation of the nationwide network is expected to cost $7 billion with funding expected to come from spectrum auction. By law, the network is to be self-sustaining upon expending the $7 billion.

There are 10 regional teams set up to implement the program on a nationwide basis. Louisiana is a member of Team 6, along with New Mexico, Texas, Oklahoma and Arkansas.

The program’s staffing chart shows Selvaratnam serving under the supervision of Program Manager Allison McLeary.

While at DPS, he represented the department as a member of the Statewide Interoperability Executive Committee (SIEC) SIEC which is responsible for the ability of emergency service agencies to communicate across disciplines and jurisdictions, particularly during times of emergency. SIEC membership is composed of all appropriate first responder and support organizations and has “full authority to design, construct, administer and maintain a statewide interoperable communications system…in support of full response to any emergency event,” according to GOHSEP’s web page. http://www.gohsep.la.gov/interop.aspx

As the DPS representative on the SIEC, he also served as chairman of the SIEC Broadband Subcommittee. Accordingly, he had duties and responsibilities for the SLIGP program during that time and is again providing those same services.

Louisiana State Police Superintendent Col. Mike Edmonson, for whom Selvaratnam worked at DPS, is the “State Point of Contact” for the FirstNet project, according to the Power Point presentation, with the Office of State Police listed as the SLIGP grant recipient and GOHSEP as the grant administrator.

A law meant to bring retirees back for short-term help was used by almost 200 current, full-time employees in the Department of Corrections. An oversight in the writing of the law even allowed “retired” employees to continue accruing money into their pension plans, according to a story on Governing, a web-based site on state and local government. http://www.governing.com/topics/public-workforce/Double-Dip-Dilemma.html

The issue of retire-rehire sparked considerable debate in 2010 when Higher Education Commissioner Sally Clausen resigned and rehired herself two days later, a move that netted her a $90,000 payout for unused sick leave and vacation time and entitled her to $146,400 in retirement pay. http://www.nola.com/politics/index.ssf/2010/06/higher_education_commissioner.html

 

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