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Archive for the ‘Ethics’ Category

π-yush appointment of lobbyist Steve Waguespack to BESE appears to be rife with ethics questions, conflicts of interest

Posted in BESE, Education, Ethics, Governor's Office, Lobbyist on January 19, 2013| 6 Comments »

When Gov. Piyush Jindal named his former chief of staff and executive counsel Steve Waguespack to the Board of Elementary and Secondary Education (BESE) on Thursday, he may have created something of an ethical dilemma—if this were Texas.

It’s not, of course. It’s Louisiana and in Louisiana, anything goes with the most ethical, most transparent, most accountable administration in Louisiana history.

Waguespack resigned as Jindal’s chief of staff last October to join the New Orleans law firm Jones Walker. He also registered with the Louisiana Board of Ethics as a lobbyist, listing as his clients Jones Walker, LLP, Periscope Holdings, Inc. of Austin, Texas, and Loop Garou Entertainment of New Orleans.

For the first two, he is registered as a lobbyist of both the legislative and executive branches of state government while for Loop Garou, he is registered only to lobby the executive branch, or governor’s office.

His employer, Jones Walker, meanwhile, is also registered with the Ethics Board as a lobbyist firm and lists is sole representative as one Stephen Michael Waguespack.

A visit to the Jones Walker web page raises the specter of an ethics gray area for Waguespack.

“Jones Walker represents universities and other educational institutions, both public and private, with enrollment ranging from several dozen students to more than 50,000 students,” the web page boasts.

The text below the bold-face heading “School and Education Advocacy Group” on the web page provided the real eye-opener, however.

It noted that Jones Walker’s work in the area of education “has extended to charter schools and other secondary education institutions” (emphasis ours).

The firm’s relevant experience, it said, “includes representing local school boards and charter school operations and management organizations before the Louisiana Department of Education and the Louisiana Board of Secondary and Elementary Education.”

Jones Walker formed a School and Education Law and Advocacy (SELA) Group which it claims “has the resources, reputation, knowledge and experience to serve as a valuable resource to charter schools, charter school management organizations and to non-government organizations at the forefront of the education reform movement.”

In Texas, Subsection 7.103(c) of the Texas Education Code “precludes certain registered lobbyists from serving on the State Board of Education.”

Specifically, that statute says, “A person who has been retained to communicate directly with the legislative or executive branch to influence legislation or administrative action in or on behalf of a profession, business, or association on a matter that pertains to or is associated or connected with any of the statutorily enumerated powers or duties of the Board is not eligible to serve on the Board.” Thus, a registered lobbyist who has been paid to lobby the legislative or executive branch on a matter relating to Board business is ineligible to serve on the Board.”

So, in essence, what we have is a former high-ranking member of Piyush Jindal’s inner circle who is now employed as a lobbyist for a law firm that specializes in working with school boards, charter schools and non-government organizations “at the forefront of the education reform movement” who has just been appointed to serve on the Board of Elementary and Secondary Education, which is “at the forefront of the education reform movement” and has among other things, the responsibility of acting on charter school applications.

There is no law in Louisiana such as exists in Texas, so while there may be a moral obstacle there is no legal prohibition to Jindal’s making such an appointment—even if it does smack of questionable ethics and downright arrogance. It’s in-your-face politics at its worst by a man who hides behind a cloak of self-righteousness, sanctimony and piety.

One nagging question: is Piyush’s tendency to recycle the same tired old names in and out of his revolving door indicative that his circle of loyal supporters is contracting in size to such an extent that he now finds it impossible to reach out to new names he can trust to fill vacancies?

The resignation this week of executive counsel Gary Graphia may also reveal cracks in the foundation of the House of Jindal. Graphia resigned after only about three months on the job but his sudden departure is most significant in the spin the governor’s office tried to put on it.

It was almost as if Piyush spokesman Kyle Plotkin was trying too hard to make nice in his announcement to Press Release Central.

Plotkin, ever true to his boss, insisted—perhaps too sincerely—that Graphia’s leaving was “amicable,” adding for good measure that he was “leaving on good terms.”

Finally, making one last stab of convincing those who never asked, Plotkin said Graphia’s brief stay was attributable to “a transition period” for the governor’s office.

Well, silly us, we thought the “transition period” for the governor’s office was that three months between Jindal’s first being elected way back October of 2007 and his inauguration in January of 2008.

And remember, it was Jindal who called a special session of the Legislature immediately upon taking office in 2008 for the purpose of adopting those so-called sweeping ethics law changes and it was Jindal—and Waguespack, Teepell, et al—who directed the drafting, introduction and passage of Piyush’s radical education reform package last year.

If those education “reforms” turn out to be as big a joke as the ethics reform, well then perhaps, as someone once said, we really do get the government we deserve.

Many years ago Walt Kelly’s beloved Pogo told us, “We have met the enemy and he is us.”

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Separation of Powers: why does our legislature cede its power to the governor? (LouisianaVoice guest column)

Posted in Ethics, Governor's Office, Legislature, Legislators on December 30, 2012| 9 Comments »

By Stephen Winham ©2012

Because the lines have become so blurred recently, we often forget the reason our founding fathers created three separate branches of government in the 1787 U.S. Constitution. It was simple, really – to protect citizens from an abusive, authoritarian government by spreading and providing checks and balances on power. The separation of powers doctrine implicit in the constitution is applied, in varying measure, by both the U. S. and state governments.

While the judicial branch is responsible for preserving the law and resolving legal issues, the legislature is responsible for actually creating laws, including those making appropriations. The executive is responsible for administering these laws. Though the three branches are considered equal, the legislative branch can easily become the most powerful. If this is true, why is the governor so inordinately powerful in Louisiana?

From my perspective, the clearest example of how the doctrine of separation of powers is disregarded in Louisiana is the way the state’s budget is adopted. In many states the legislature considers budget proposals submitted by the governor (the Executive Budget), but then develops its own proposals, often including a document very much like the one submitted by the governor.

In Louisiana, the Legislature accepts the executive branch budget and the original appropriations bills (which are drafted by administration, not legislative, staff) as submitted. Any changes the legislature makes are by amendments to the bills. This should have the value of making a clear distinction between what the governor is requesting and what the legislature chooses to appropriate for state services. However, to the extent the legislature ultimately rolls over and plays dead, as it has over the last 6 years in ways unprecedented since the late 70s, it has ceded its greatest power – that of appropriation – to the executive branch.

The way the budget is handled is far from the only example of how the executive branch overextends its power via a compliant, and some would say, complicit legislature. Again, why is this so? Is it because the governor actually has extraordinary power by law? No, and remember it is the legislature that makes the law in any event.

I believe the legislature actually enjoys and benefits from being controlled by the governor. No matter what happens in Louisiana government these days, an individual legislator can excuse his/her actions to constituents by claiming s/he could not buck the governor, no matter how hard s/he tried. It’s a win-win situation for the legislature and the governor. The governor continues to wield unbridled power and enjoy positive national press while the legislature can quietly blame him for anything that goes wrong. Both the governor and, ironically, legislators are free to take full credit for anything that goes right.

The governor and members of the legislature are elected to serve the people’s interests. When the bulk of power is in the hands of one person, the value of the separation of powers doctrine is lost, including the extent to which the people’s interests are represented. This was apparently treated humorously when our four previous governors met in a recent forum, but it is no joke.

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ATC’s Troy Hebert throws subordinates under the bus to deflect from his own inadequacies, inept mismanagement

Posted in ATC, Ethics, Governor's Office, Legislature, Legislators, State Agencies on December 20, 2012| 8 Comments »

Office of Alcohol and Tobacco Control (ATC) Director Troy Hebert, one of those former legislators to whom Piyush Jindal appointed to a six-figure state job, made a big production this week of his so-called “audit” of personal use of state cell phones by agents working under him.

Hebert, of Jeanerette, resigned from the State Senate in November of 2010 to accept the appointment as ATC director at $107,000 per year and has conducted a reign of terror in the ensuing two years.

While Hebert claims that only a half-dozen or so employees have left his agency, a survey by LouisianaVoice learned that the number was closer to 50. Some of those were fired only days after being hired by Hebert while others quit out of disgust.

Hebert obviously considers his status in more grandiose terms than most elected officials, much less appointed department heads, though there are rumors floating around that he considers himself as a potential candidate for governor.

Though he is merely a mid-level department head, he nevertheless requires his employees to stand when he enters a room and to address him with a cheery, “Good morning, Commissioner.”

Such courtesy is normally extended only to heads of state, not obscure state bureaucratic appointees.

This is the same guy who expresses such indignation at his employees’ use of state cell phones for personal calls who thought nothing of blowing a couple of thousand on low-profile, 22-inch rims for his state vehicle.

This is the same guy who, though he has zero training as a law enforcement official, demanded—and got—emergency lights installed on his state vehicle so he could play cop.

This is the guy who suspended an employee after her physician refused to provide weekly status reports despite the physician’s prior written certification that she was physically unable to work.

This is the same administrator who more than once transferred an employee from one end of the state to the other with as little as two days’ notice.

This is the same agency head who directed an agent to return to uniform status and to re-enter a New Orleans bar for inspections—after that same agent had purchased drugs during an undercover investigation in that same establishment—a directive that might well have served as the agent’s death sentence had things gone badly.

And this is the same guy who made a big production a few months back over a $10,000 expenditure to purchase and train a “synthetic drug-sniffing canine.”

“ATC Commissioner Troy Hebert says (the) new canine will be a great asset when it comes to detecting synthetic marijuana,” the news release said. ‘“It’s a very, very dangerous substance,’ said Hebert. ‘We think this new addition’s going to help us with some of that.’”

The only problem is, the “certificate of certification” from the National Police Canine Association in Waddell, Arizona, dated Nov. 2, certifies the new dog only for marijuana and cocaine, not synthetic drugs.

There’s a reason for that: synthetic marijuana is virtually impossible to detect reliably because the chemical ingredients of synthetic drugs is constantly changing, meaning there is no reliably consistent pattern for animals to learn.

LouisianaVoice earlier reported his propensity to fire employees with little or no reason and that he has settled a couple of discrimination lawsuits brought by former employees.

Hebert fits right into the Piyush Jindal mold of arrogance that permeates this entire administration, from cabinet members who refuse to divulge the identities of contract winners to administrators who refuse to provide reports to legislative committees to the governor himself, who ignores requests for information.

But back to those state cell phones.

ATC agents are often away from home for stretches of 12 hours or longer and upon their hiring, Hebert informs agents that as long as they handle ATC business, they may use their state phones for personal calls.

There you have it. It’s policy.

And now Hebert is trying to come off as a diligent agency head hell bent on keeping recalcitrant employees in line. This from a guy who consistently disregards civil service rules and regulations and gets himself backed into EEO corners that cost the state thousands upon thousands of dollars in payments to former employees and legal fees.

You do not tell your employees it’s permissible to use state cell phones for personal calls and then throw them under the bus for purposes of painting yourself as the noble guardian of the public trust—especially when your own motives are called into question.

The bottom line appears to be that he is setting up a few agents to persecute through a complicit news media at Press Release Central who simply takes press handouts and runs them with no questions asked.

There can be only one explanation for such action: he hopes to deflect criticism of his own administrative actions and misdeeds by tagging his subordinates with perceived wrongdoing.

To that end, he fits right in with this administration.

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After three legal setbacks, the next logical step for π-yush is to follow the lead of Egypt’s Morsi: suspend the court system

Posted in ALEC, American Legislative Exchange Council, BESE, Education, Ethics, Golf Courses, Governor's Office, Health Care, Higher Education, Judges, Legislature, Legislators, LSU, Prison, Privatization, Retirement, Teague, Toledo Bend, Water Sale on December 6, 2012| 7 Comments »

First it was a federal judge who threw out Piyush Jindal’s voucher plan in Tangipahoa Parish because it posed a major setback to the parish’s current desegregation consent decree.

Then, last Friday, a state district judge, Tim Kelley, whose wife once worked for Piyush, said the method of appropriations to fund the statewide voucher program is unconstitutional.

Fast on the heels of Kelley’s ruling, fellow Baton Rouge District Judge William Morvant refused to throw out a lawsuit challenging the only part of Piyush’s far-reaching retirement reform proposals that survived the legislative session earlier this year.

In case you’re counting, that’s oh-for-three—not a good batting average for the governor who would be president.

Keep in mind that Piyush is the incoming chairman of the National Republican Governors’ Association.

Remember, too, that he thought he would be moving into that position in the hope that it would be the launching pad for his presidential aspirations. To do so, he needed to bring something substantial to the table.

That something was to be sweeping education reform. That was to be the centerpiece of his list of grand accomplishments, the bold-face type on his curriculum vitae.

Now, the status of both education and retirement reform are suddenly in jeopardy.

Suddenly the star of the errand boy of the American Legislative Exchange Council (ALEC) doesn’t shine quite so brightly.

What to do?

The obvious answer would be to teague someone. That practice, after all, has served him well in the past. No college president, attorney, doctor, agency head, legislator or rank-and-file state employee will dare rebuke Piyush lest he or she be shown the door.

There was a time when we would have run a recap of those teagued by this peevish little man, but the list has grown so long that it would take up far too much space.

On reflection, however, one must ask just what are Piyush’s alternatives?

Well, normally he could campaign against the re-election of judges Kelley and Morvant—except he already did the anti-judge campaign thingy in Iowa.

He can’t teague the federal judge; he was appointed by the president.

He can’t teague either of the state judges—Kelley or Morvant—because they were elected by voters of the 19th Judicial District.

He can’t teague Jimmy Faircloth, the attorney who so expertly represented the interests of the state in arguing on behalf of the voucher program because Faircloth was working under a contract that ends when all appeals are exhausted—about $100,000 or so down the road.

He can’t teague Angéle Davis, wife of Judge Kelley because she already resigned her position as Commissioner of Administration.

He can’t teague the legislator who introduced the education bills because they were not written by any Louisiana elected official but by the corporate honchos at the American Legislative Exchange Council (ALEC).

He might consider teaguing Superintendent of Education John White since there are already unconfirmed rumors floating around that he is leaving soon.

But there is a far better option open to Piyush:

He could take a page from the playbook of Egyptian President Mohammed Morsi.

It’s such a simple solution we’re surprised no one has thought of it before.

All he has to do is first invoke that obscure nullification clause which several states unhappy with last month’s presidential election are bantering about—the one that says states can unilaterally ignore a federal law they don’t like. Or even opt out of the union itself. Some in Texas are talking about splitting off and breaking the state into five separate states (pure lunacy, but a philosophy that dovetails nicely with that of the Tea Party).

Then, like Morsi, Jindal can unilaterally decree greater authority for himself, including issuing a declaration that the wrong-headed courts are henceforth barred from challenging his decisions.

(Come to think of it, such a move is not exactly unprecedented. President Andrew Jackson said of the U.S. Supreme Court’s decision that the state of Georgia could not impose its laws on Cherokee tribal lands, “(Chief Justice) John Marshall has made his decision, now let him enforce it.”)

After that, he could even take it a step further and, like North Korea’s late Kim Jong-il, bestow upon himself the title of “Dear Leader,” and, again like Kim Jong-il, commission a song of the same name in his honor.

Think about it. If he were to take that action, he could sell prisons, the old insurance building property, hospitals, roads, universities, the Saints and the Zephyrs, not to mention a few state-owned golf courses and state parks.

That water from Toledo Bend Reservoir? Sold. Gone to Texas and a few select political cronies are even richer than before.

And you only think you’ve seen a lot of corporate tax breaks, incentives and exemptions. Once he issues his decree, corporate taxes would disappear into that sink hole in Assumption Parish.

All state employees who aren’t fired outright (to be replaced by telecommuting administrative types from Florida, California, Alabama and elsewhere) would immediately forfeit all health and retirement benefits—except for friendly former legislators who, of course, would be elevated to six-figure salaries with full benefits.

The Department of Civil Service, public schools and the State Ethics Board would become distant memories for the nostalgic among us.

Of course, were he to take such action, he could always say his decision was predicated “by three things: one, to protect needed reform packages; two, to streamline government so at the end of the day, we can do more with less, and three, I have the job I want.”

Opponents could be expected to condemn his decrees as heavy-handed and dictatorial but what else would you expect from those who represent the coalition of the status quo?

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π-yush keeps communication lines open with talking points and voting instructions via text messages to legislators even during committee meetings and floor debates on key bills

Posted in Ethics, Governor's Office, House, Senate, Legislature, Legislators, OGB, Office of Group Benefits, Politicians, Transparency on November 28, 2012| 10 Comments »

When State Rep. Joe Harrison (R-Gray) was removed from his seat on the House Appropriations Committee earlier this month by Piyush Jindal through his surrogate, House Speaker Chuck “The Eunuch” Kleckley (R-Lake Charles), he offered an interesting revelation about the way the administration micromanages the legislative process.

“Everything they (legislative committees) do is scripted,” Harrison said in an interview with LouisianaVoice hours after his demotion. “I’ve seen the scripts. They hand out a list of questions we are allowed to ask and they tell us not to deviate from the list and not to ask questions that are not in the best interest of the administration.”

Harrison’s comments were made in the heat of the aftermath of his smack down by Piyush for having the temerity to vote against The-Man-Who-Would-Be-Vice-President (or at least a Romney cabinet member) on the proposed contract that called for Blue Cross/Blue Shield to become the third party administrator for the Office of Group Benefit’s (OGB) Preferred Provider Organization (PPO).

Strong words to be sure, but now they have been corroborated by yet another legislator who shall remain nameless for the time being though we will go so far as to acknowledge that the lawmaker is not a member of Jindal’s political party.

Not that that seems to matter, given the events that occurred in the wake of the surprising defeat of Republican president candidate Mitt Romney on Nov. 6.

Jindal turned on Romney like the self-serving hypocrite he is. (Well, after all, he never got his 30 pieces of silver—read: a cabinet appointment in the anticipated Romney administration—so why not?)

When we asked our legislator friend (we’ll just call him Kyle) if Harrison was accurate in claiming that committee members are given questions by administrative officials in advance of committee hearings, he responded with a quick, “Absolutely.”

But then he continued. “Not only that but they text committee members during committee meetings and even send text messages to legislators during floor debates on bills in the House and Senate telling them how to vote on certain bills.

“They’ll also send text messages to legislators instructing them to speak for or against a bill and even tell him or her on what to say and they’ll pop up out of their chair and immediately rush to the floor microphone,” Kyle said.

He said he occasionally speaks to school groups about how the legislative process is designed to work. “I always leave laughing at myself for trying to tell the kids that we have three branches of government—the executive, the legislative and the judiciary.

“We no longer have a legislative branch of government in Louisiana; we’re (the legislature) just an extension of the executive branch.

“The sad part is we have only ourselves to blame. When I say we, I mean the legislature as a body, not as individuals because there are some members who will stand up to Jindal when they feel he is wrong. But the legislature—the House and the Senate—have capitulated to the fourth floor and I lay the fault at the feet of our leadership, the Speaker Kleckley and Senate President John Alario (R-Westwego).

“They are both likeable men, very personable, but Alario’s looking out for Alario. If you don’t believe that, take a look at the Capital Outlay Bill and see how many projects are in it for Jefferson Parish. It’s loaded down with Jefferson projects and Alario wants to keep it that way,” he said.

He said he also did not understand the motivations of Sen. Jack Donahue (R-Mandeville). “Here is a state senator who had a state mental hospital in his district (Southeast Louisiana Hospital in Mandeville) closed by the governor who gave him no advance warning of his intentions and yet, as chairman of the Joint Legislative Committee on the Budget, he did exactly what Jindal told him to do and steamrolled the Blue Cross/Blue Shield contract with OGB down everyone’s throat.”

Harrison and our friend Kyle weren’t the only ones to reveal the ongoing instructions to legislators. Yet another source (not a member of the legislature) said he witnessed a legislator receiving text messages from the governor’s office even as he testified not before a legislative committee, but before the New Orleans City Council. “They were letting him know they didn’t like what he was saying in his testimony,” the second unnamed source said.

LouisianaVoice sent separate emails to Piyush Press Pontificator Kyle (no relation) Plotkin and to Chief of Staff Paul Rainwater asking just two simple questions:

• Does the administration think it is appropriate to micromanage the legislative process in this manner?

• Would this (practice) not blur the lines between the executive and legislative branches of government?

We never receive an acknowledgement of either email.

Ah, transparency and accountability. Where would we be without ‘em?

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