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Archive for the ‘Ethics’ Category

“People are going from the Legislature to other branches of government and spiking their retirement benefits.”

–Sen. Dan Claitor (R-Baton Rouge) speaking in support of his Senate Bill 727 which would have prohibited lawmakers from leaving the legislature for high-paying state jobs and joining the Louisiana State Employees’ Retirement System (LASERS) to boost their retirement incomes–particularly at a time when the administration is trying to gut retirement benefits for rank and file state employees.

“We have a bad reputation in this state as legislators and public officials because we keep filing bills like this and telling people we are crooks.”

–Sen. Dan Martiny (R-Metairie), in a snit as he spoke out against Claitor’s bill, possibly because it might one day adversely impact his own retirement. The Senate defeated Claitor’s bill, thus doing nothing to dispel Martiny’s perception of legislative ideals.

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The email memorandum came from Arizona State Rep. Debbie Lesko, the Arizona public sector chairman of the American Legislative Exchange Council (ALEC). Dated May 12, 2011, at 4:33 p.m., it extended an invitation to ALEC members “to join me in New Orleans at ALEC’s annual meeting from Aug. 3-6. READ ALL DETAILS BELOW:”

What followed could serve as a damning indictment of several members of ALEC who did and/or continue to serve in the Louisiana Legislature.

“ALEC is a nonpartisan membership association for conservative state lawmakers who share a common belief in limited government, free markets, federalism and individual liberty,” the email said.

Then came the zinger—in boldface type, no less:

“If you are an ALEC member, your airfare, hotel, ALEC registration, baggage, travel to/from the airport to the hotel, and airport parking will be reimbursed through an ALEC scholarship up to $1900 per legislator.”

Another paragraph, again in boldface, instructed legislators thusly: “You need to SAVE and SUBMIT copies of all receipts and turn them in to my assistant, Patty Wisner, AFTER the trip. Reimbursement usually takes 2-3 weeks to process AFTER the trip and AFTER you turn in the reimbursement form and receipts. I have attached the reimbursement form.”

The problem with that is that at least 16 Louisiana legislators filed expense reports with the House and Senate for reimbursement of more than $20,750 in expenses related to their attendance at last August’s annual meeting in New Orleans, hosted by ALEC’s then national president, former Rep. Noble Ellington (R-Winnsboro), according to records provided by the House and Senate.

And those figures don’t even include out-of-state ALEC conferences places like San Antonio, Chicago, San Diego and Washington, D.C., and attended by some of the same legislators who attended the New Orleans annual meeting, as well as 19 other members and former members of the House and Senate and which cost taxpayers an additional $56,200.

Assuming the same offer was extended to members who attended the other meetings, it would appear that state lawmakers may have double-dipped in an amount that approaches $70,000 for the ALEC-sponsored events.

Some of their state-paid expenses were for per diem at $152 per day, a cost not paid by ALEC and to which legislators are technically, if not questionably, entitled.

Rep. Jeffrey Arnold (D-New Orleans), for example received $456 in per diem for three days of meetings in his home town, plus the registration fee of $575 for last August’s annual meeting.

Rep. Austin Badon, also of New Orleans, by contrast, submitted expense vouchers totaling $1333 for the same meeting, including $608 for hotel accommodations even though he resides in New Orleans. He submitted a voucher for a registration fee of $610 as opposed to Arnold’s $575 registration fee.

Others, such as Rep. Alan Seabaugh (R-Shreveport), however, claimed more than $2,000 in expenses that included a $475 registration fee for the same meeting.

Besides the $475 registration fee, Seabaugh also submitted vouchers for payment of $346 in mileage from Shreveport and $456 in per diem payments—a total of $1,277, leaving almost $800 in unaccounted for expenses, presumably for hotel accommodations at the New Orleans Marriott which were not itemized on his voucher that was stamp-dated Aug. 15, 2011.

Lesko’s email specifically said that members’ registration fees and hotel accommodations would be paid by ALEC. Seabaugh submitted a $100 payment on June 13, 2011 for two years’ membership, according to his campaign finance records.

ALEC, headquartered in Washington, D.C., professes to be non-partisan and says it is not a lobbyist organization. It is supported by generous donations from hundreds of corporate members such as BP America, Chevron, private prison companies Corrections Corp. of America and G4S (formerly Wackenhut), US Airways, Amazon.com, American Express, Amway, Amoco, Anheuser-Busch, Archer Daniels Midland, AT&T, Bayer Corp., Blue Cross and Blue Shield, Hunt Guillot of Ruston, Bristol-Myers, Chrysler Corp., ConocoPhillips, Dell Computers, Dow Chemical, Eli Lilly, ExxonMobil, FedEx, General Motors, GlaxoSmithKline, Georgia-Pacific, K12, Inc., Johnson & Johnson, Koch Industries, McKinsey & Co., Merck, Pfizer, Reynolds American, Shell Oil, State Farm, Time Warner, Gulf States Toyota, UnitedHealthcare, Union Pacific, UPS, Verizon, Visa, Walgreens, Wal-Mart, Liberty Mutual and Zurich Insurance.

ALEC even has its logo prominently displayed, along with other national legislative organizations, on the Louisiana Legislature’s web page: http://www.legis.louisiana.gov/

Until recently, Pepsico, Coca-Cola, Kraft Foods, Intuit, the Gates Foundation and McDonald’s were members but have since pulled their support in the wake of public backlash over the shooting death in Florida of black teenager Trayvon Martin by community watch volunteer George Zimmerman.

For more than a month, it appeared Zimmerman would escape prosecution under Florida’s “Stand Your Ground” law, legislation enacted with the strong backing of ALEC. It was announced on Wednesday, however, that Zimmerman would be prosecuted for second-degree murder.

The Louisiana Senate, by a 31-6 vote on Monday, approved SB 303 by State Sen. Neil Riser that would strengthen gun rights by allowing firearms at schools, churches and on college campuses.

If approved by both chambers, the proposed constitutional amendment would be decided by Louisiana voters in next November’s elections.

Riser, a member of ALEC and who has filed expense vouchers for attending ALEC conferences, said the bill would give Louisiana “the strongest Second Amendment law in the nation.”

Other current and former members of the Louisiana House and Senate who submitted expense vouchers for ALEC’s August annual meeting in New Orleans include:

• Former State Rep. Elton Aubert (D-Vacherie)—$1354.01;

• Rep. Austin Badon (D-New Orleans)—$1333.36;

• Former Rep. Damon Baldone (D-Houma)—$575 (registration fee);

• Sen. A.G. Crowe (R-Pearl River)—$1351.72 (including registration fee);

• Rep. Jim Fannin (D-Jonesboro)—$649.36 (includes two days’ per diem);

• Rep. Brett Geymann (R-Lake Charles)—$816.64 (includes hotel room);

• Rep. Joseph Harrison (R-Gray)—$1920.97 (includes $947.64 for hotel and $475 for registration fee);

• Rep. Frank Hoffman (R-West Monroe)—$1696.35 ($608 in per diem for four days; $475 registration);

• Former Rep. Nita Hutter (R-Chalmette)—$677.75 (includes $475 registration);

• Rep. H. Bernard LeBas (D-Ville Platte)—$1781.77 ($760 per diem ($841.95 hotel);

• Sen. Gerald Long (R-Natchitoches)—$2178.97 ($894 for six days per diem;

• Sen. Ed Murray (D-New Orleans)—$608 (four days per diem);

• Rep. Scott Simon (R-Abita Springs)—$1319.82 ($456 per diem; $804.99 hotel);

• Sen. Francis Thompson (D-Delhi)—$1745.21;

• Sen. Mike Walsworth (R-West Monroe)—$1486.44 (includes $476.08 hotel, $295 registration and $73.92 parking).

Current and former legislators who submitted vouchers for other ALEC conferences in other cities include:

• Lebas—Phoenix, Nov. 29-Dec 2, 2011 ($596); Washington, D.C., Dec. 1-4, 2009 (1656.83); San Diego, Aug. 4-7, 2010 ($1321.36);

• Long—Atlanta, Dec. 7-12, 2011 ($894);

• Hoffman—Atlanta, July 14-18, 2009 ($1614.40);

• Harrison—Washington, D.C., Dec. 3-5, 2008 ($1896.43); New Orleans, Sept. 30-Oct 2, 2009 ($496), Washington, D.C., Dec. 1-5, 2009 ($1981.24); San Diego, Aug. 4-8, 2010 ($1580.50); Washington, D.C., Nov. 30-Dec 4, 2010 ($2031.14);

• Baldone—Chicago, July 30-Aug. 2, 2008 ($1222.22); San Diego, Aug. 4-8, 2010 ($1645.84);

• Rep. Tim Burns (R-Mandeville)—San Diego, Aug. 4-8, 2010 ($1485.36);

• Rep. Thomas Carmody (R-Shreveport)—San Diego, Aug. 4-8, 2010 ($1403.36);

• Rep. Greg Cromer (R-Slidell)—Washington, D.C., Dec. 3-7, 2008 ($2281.73); Atlanta, July 15-18, 2009 (1486); Washington, D.C., Dec. 2-4, 2009 ($956.50);

• Sen. Yvonne Dorsey (D-Baton Rouge)—San Diego, July 31-Aug. 8, 2010 ($2454.11);

• Former Rep. Noble Ellington (R-Winnsboro)—Chicago, July 28-Aug 2, 2008 ($858); Washington, D.C., Dec. 2-7, 2008 ($870); Atlanta, July 3-9, 2009 ($2068.05); New Orleans, Sept. 30-Oct 1, 2009 ($304); Durham, N.C., Oct. 14-18, 2009 ($795); Washington, D.C., Dec. 1-4, 2009 ($932.56); Dallas, March 2-3, 2010 ($318); Phoenix, Nov. 28-Dec. 3, 2011 ($894);

• Sen. Dale Erdy (R-Livingston)—Atlanta, July 14-18, 2009 ($2058.25); Chicago, July 30-Aug 2, 2008 ($2302.19);

• Former Rep. William Walker Hines (R-New Orleans)—Atlanta, July 15-18, 2009 ($1707.85);

• Rep. Robert Johnson (D-Marksville)—San Diego, Aug. 4-8, 2010 ($1403.36);

• Former Rep. Kay Katz (R-Monroe)—Austin, Sept. 29-Oct. 1, 2011 ($1177.05);

• Sen. Bob Kostelka (R-Monroe)—Chicago, July 29-Aug 2, 2008 ($2159.39);

• Former Rep. John LaBruzzo (R-Metairie)—San Diego, Aug. 4-8, 2010 ($1460.36);

• Former Rep. Nickie Monica (R-LaPlace)—Washington, D.C., Dec. 1-5, 2009 ($2095.24);

• Rep. Jerome Richard (I-Thibodaux)—Atlanta, July 15-16, 2009 ($747.70);

• Sen. Neil Riser (R-Columbia)—Washington, D.C., Nov. 30-Dec. 4, 2010 ($2139.52);

• Former Rep. Mert Smiley (R-St. Amant)—Chicago, July 29-Aug. 3, 2008 ($2200.60);

• Former Rep. Gary Smith (D-Norco)—Washington, D.C., Dec. 4-6, 2008 ($1060.26);

• Rep. Kirk Talbot (R-River Ridge)—San Diego, Aug. 4-8, 2010 ($2438.56);

• Rep. Thomas Willmott (R-Kenner)—San Diego, Aug. 4-8, 2010 ($1525.76).

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“Diogenes, what are you doing with that lamp here in Sinope?

“I am looking for an honest man.”

“Diogenes, what are you doing with that lamp here in Athens”

“I am looking for an honest man.”

“Diogenes, what are you doing with that lamp here in Corinth?”

“I am looking for an honest man.”

“Diogenes, what are you doing in the State Capitol in Baton Rouge?”

“Looking for my freaking lamp.”

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The Louisiana Board of Ethics is grappling with the task of establishing parameters that would spell out which types of campaign expenditures are and are not permitted.

But don’t look for the Louisiana legislature to provide any guidance on the issue.

The seemingly reform-minded lawmakers appear eager to reform education, prisons, Medicaid, group benefits and state employee retirement programs but seem to be incapable or unwilling to tackle campaign spending reform.

That’s because no fewer than 51 current and former legislators have spent more than $400,000 in campaign funds for LSU athletic events since 2007.

And that figure does not even include ticket costs to other state college and university athletic events, various membership dues to civic clubs, country clubs and Mardi Gras krewes and even a few isolated cases of ethics fine payments from campaign funds. Some elected officials have even used campaign contributions to hire baby sitters and to purchase vehicles, including in one instance, a Jaguar.

Chief ethics administrator Kathleen Allen said her staff will use federal rules as well as compiling its own list of expenditures considered as non-allowed personal use of campaign funds in an effort to come up with new rules.

Allen said the Ethics Board has suggested that the 2012 Legislature change state law to be more specific about how campaign contributions may be spent. Present law says that contributions “shall not be used, loaned, or pledged by any person for any personal use unrelated to a political campaign or the holding of public office.”

Allen said federal and state laws regarding campaign expenditures are essentially the same but that the federal rules go a bit further by setting parameters for permissible use of campaign money.

She said Ethics Board members would proceed with rule-making even if the Legislature punts on the issue as it has historically done.

The board made recommendations to the legislature in the past have been largely ignored. It again this year sent a list of 20 proposals to both the legislature and to Gov. Bobby Jindal.

But of 1,033 bills filed in the House and another 639 in the Senate, not one addresses limiting the expenditure of campaign funds to purposes related to running for or holding office.

“I just wonder how much they (legislators) look at them, board member Cedric Lowrey of Alexander said of the recommendations.

The board, among other things, is recommending:

Giving the board’s investigatory staff authority to conduct random audits of personal financial disclosure reports;

Changing the time frame required to enforce ethics laws (current law starts the clock from the time a complaint is filed; the board wants to change that to the time it receives notice of an alleged violation);

Eliminating the filing of redundant election day expenditure reports;

Clarify the roles of the Board of Ethics and the Ethics Adjudicatory Board as it relates to policing of campaign disclosure laws.

If campaign expenditure reports are any indication, it would seem the legislature would want to get its own house in order before reforming a multitude of other state programs just because Gov. Bobby Jindal, like Chicken Little, keeps telling us the sky is falling.

Take for example the Louisiana Election Code (Title 18:1505.2-I, paragraph 36 on page 36): “No candidate, political committee, person required to file reports under this chapter, nor any other person shall use a contribution, loan, or transfer of funds to pay a fine, fee or penalty imposed (by the State Ethics Board.)”

Yet The Louisiana Board of Ethics web page list no fewer than 56 separate instances in which ethics fines were paid with campaign funds. Some of these were paid by political action committees (The Alliance for Good Government paid $1,600 from its campaign funds and the Better Government Political Action Committee paid $5,000 from its campaign funds), some by lobbyists and these, by current or former legislators:

• Rep. James Armes, III (D-Leesville)—$2,600 (two fines);

• Former House Speaker Charles DeWitt (D-Alexandria)—$5,000;

• Former Rep. Tom McVea (R-St. Francisville)—$720;

• Former Sen. Walter Boasso (D-Chalmette)—$1,000;

• Former Rep. Irma Muse Dixon (D-New Orleans)—$600;

• Former Rep. Dale Sittig (D-Eunice)—$800;

• Former Sen. Joel Chaisson, II (D-Destrehan)—$5,000 (two fines);

• Sen. Richard Gallot (D-Ruston)—$1,000.

But the real eye-opener is the list of expenditures for LSU athletic season and individual game tickets. Here are a few example of current members of the House and Senate who have dipped into campaign funds to pay for tickets and parking:

• Senate President John Alario (R-Westwego)—$8,022 in 2009 and 2011;

• Rep. John Anders (D-Vidalia)—$9,142 in 2009, 2010 and 2011;

• Rep. James Armes, III (D-Leesville)—$11,688 in 2008, 2010 and 2011;

• Rep. Jeff Arnold (D-New Orleans)—$3,000 in 2011;

• Rep. John Berthelot (R-Gonzales)—$7,770, all in 2011;

• Rep. Thomas Carmody, Jr. (R-Shreveport)—$11,556 in 2009, 2010 and 2011;

• Sen. Karen Carter Peterson (D-New Orleans)—$3,738 in 2009 and 2010;

• Sen. Norbert Chabert (R-Houma)—$3,015 in 2010;

• Sen. Sherri Smith Buffington (R-Keithville)—$10,798 in 2009, 2010 and 2011;

• Rep. George Cromer (R-Slidell)—$8,638 in 2009, 2010 and 2011;

• Rep. Hunter Greene (R-Baton Rouge)—$6,394 in 2010 and 2011;

• Rep. Frank Hoffman (R-West Monroe)—$11,106 in 2008, 2010 and 2011;

• House Speaker Charles Kleckley (R-Lake Charles)—$17,492 in 2008, 2009, 2010 and 2011;

• Rep. Bernard LeBas (D-Ville Platte)—$11,316 in 2009, 2010 and 2011;

• Sen. Jean Paul Morrell (D-New Orleans)—$8,043 in 2007, 2009, 2010 and 2011;

• Rep. James Morris (R-Oil City)—$2,735 in 2009;

• Sen. Dan Morrish (R-Jennings)—$2,978 in 2009;

• Sen. Jonathan Perry (R-Kaplan)—$16,653 in 2009, 2010 and 2011;

• Rep. Stephen Pugh (R-Ponchatoula)—$5,900, all in 2011;

• Rep. Jerome Richard (I-Thibodaux)—$2,678 in 2009;

• Rep. Joel Robideaux (R-Lafayette)—$11,889 in 2009, 2010 and 2011;

• Rep. John Schroder (R-Covington)—$1,708 in 2009;

• Sen. Gary Smith (R-Gonzales)—$14,952 in 2007, 2008, 2009, 2010 and 2011;

• Rep. Regina Barrow (D-Baton Rouge)—$5,238 in 2008 and 2009;

• Rep. Patrick Connick (R-Marrero)—$8,448 in 2008, 2010 and 2011;

• Rep. Mike Danahay (D-Sulphur)—$10,156 in 2008, 2009, 2010 and 2011;

• Sen Daniel Martiny (R-Metairie)—$7,466 in 2007, 2009 and 2011;

• Rep. Kevin Pearson (R-Slidell)—$3.010, all in 2010;

• Sen. Francis Thompson (D-Delhi)—$8,955 in 2009, 2010 and 2011.

But for sheer audacity, none even came close to the $150,000 man, former Rep. Noble Ellington, who spent $32,380 of his campaign funds since 2007, more than $8,000 of which was spent in 2011 when he did not seek re-election.

Ellington, you may remember, is the immediate past national president of the American Legislative Exchange Council (ALEC) and within weeks of leaving office, was named the second in command at the Louisiana Department of Insurance at $150,000 per year, a position which will greatly enhance his retirement benefits at the same time Gov. Jindal is asking state employees to work longer, pay more in employee contributions and accept fewer benefits-and at the same time more than a dozen classified employees in the Department of Insurance are being laid off.

Other former legislators who found no problem soliciting campaign contributions from supporters only to use the money to purchase LSU athletic tickets included:

• Former Rep. Bobby Badon (D-Carencro)—$8,448 in 2008, 2010 and 2011;

• Former Rep. Damon Baldone (R-Houma)—$8,865 in 2007, 2008, 2010 and 2011;

• Former Sen. Nick Gautreaux (D-Meaux)—$3,060 in 2010;

• Former Rep. Walker Hines (R-New Orleans)—$5,688 in 2010;

• Former Sen. Mike Michot (R-Lafayette)—$14,797 in 2008, 2009, 2010 and 2011;

• Former Sen. Rob Marionneaux (D-Maringouin)—$6,075 in 2010 and 2011;

• Former Rep. Billy Montgomery (R-Bossier City)—$4,075 in 2011 (Montgomery has not served in the legislature since 2008.);

• Former Rep. Ricky Templet (R-Gretna)—$8,638 in 2009, 2010 and 2011;

• Former Rep. Ernest Wooton (R-Belle Chasse)—$4,755 in 2009 and 2011;

• Former Rep. Troy Hebert (D-Jeanerette)—$4,580 in 2010;

• Rep. Nickie Monica (R-LaPlace)—$9.670 in 2008, 2009, 2010 and 2011;

Some of the current and former legislators listed their expenditures as “donations,” but the “donations” often were in multiples of $1,010: $1,010, $2,020 and $3,030. Interestingly, other legislators listed identical amounts, but their reports said the expenditures were to purchase tickets which would seem to bring the claim of donations into question.

Another question that the legislators might want to address to constituents: would they have made those same ticket purchases if they had not had the campaign funds at their disposal.

But don’t expect any answers to that question. It’s not likely they will even acknowledge the need to reform campaign expenditure rules.

It will be interesting to see which of these current legislators will cave to the governor’s pressure to support retirement reform and how many will grow a set and stand up to Jindal, aka Nixon Redux.

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“I’m very disappointed in this administration. I really believed there would be transparency in government.”

–Martha Manuel, former executive director of the Louisiana Office of Elderly Affairs, after being fired for testifying against Gov. Jindal’s plan to move her former office into the Department of Health and Hospitals.

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