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Archive for the ‘Ethics’ Category

“It turns out we were boondoggled on that.”

—State Sen. Dan Claitor (R-Baton Rouge), commenting on the “deliberative process” exemptions pushed through the legislature in his 2008 “ethics reform” package, as quoted by the Center on Public Integrity’s 2015 state rankings.

“Jindal’s ‘gold standard’ is riddled with loopholes and cynical interpretations by the governor and other state officials.”

—The Center for Public Integrity, criticizing Bobby Jindal’s “gold standard” of ethics, in its 2015 state rankings report.

 

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While Bobby Jindal is touting all the wonderful innovations, budget cuts, employee reductions, etc., that he has initiated in Louisiana, The Center for Public Integrity has a few items he may wish to soft peddle as he goes about trying to convince Iowans that he’s really serious about running for President and not the joke we in Louisiana know him to be.

The center has just released its 2015 integrity grades for each state and it isn’t very pretty for Louisiana.

In fact, the state received a flat-out grade of F and ranked 41st out of the 50 states overall with a composite score of 59 out of a possible 100. Only seven states had lower composite scores—Pennsylvania and Oregon (58), Nevada (57), Delaware and South Dakota (56), and Michigan and Wyoming (51).

Mississippi (61) and Alabama (67), normally found competing for Louisiana on lists of all things bad, were well ahead of Louisiana with rankings of 33rd and 7th, respectively. Alaska had the highest score at 71, good enough for a C. Michigan was the worst with its 51.

Louisiana wasn’t alone in getting a failing grade of course; there were 10 others but in the other states we can only assume the governors are at least attempting to address their problems. Jindal isn’t. He capitulated long ago as he set out on his quest for the brass ring that continues—and will continue—to elude him. Though he has only two months to go in office, he in reality abandoned us three years and 10 months ago—right after he was inaugurated for his second term. Truth be told, he has been at best a distracted administrator (I still can’t bring myself to call him a governor) for his full eight years and at worst, guilty of malfeasance in his dereliction of duty.

Harsh words, to be sure, but then his record screams out his shortcomings (loud enough to be heard in Iowa, one would think) and his lack of a basic understanding of running a lemonade stand, much less a state.

States were graded on 13 criteria by the Center for Public Integrity:

  • Public Access to Information—F
  • Political Financing—D
  • Electoral Oversight—D+
  • Executive Accountability—F
  • Legislative Accountability—F
  • Judicial Accountability—F
  • State Budget Processes—D+
  • State Civil Service Management—F
  • Procurement—D+
  • Internal Auditing—C+
  • Lobbying Disclosure—D
  • Ethics Enforcement Agencies—F
  • State Pension Fund Management—F

http://www.publicintegrity.org/2015/11/09/18407/louisiana-gets-f-grade-2015-state-integrity-investigation?utm_campaign=stateintegrity&utm_source=digest&utm_medium=link&goal=0_ffd1d0160d-08c0be5058-100352837&mc_cid=08c0be5058&mc_eid=c4ee01d834

The scores given each of these, and their national ranking were even more revealing.

Public Access to Information, for example scored a dismal 30, ranking 46th in the country.

In the scoring for Internal Auditing, on the other hand, the state’s numerical score was 79, but was good enough for only a ranking of 32nd.

Likewise, the grading for Procurement (purchase of goods and contracts) had a numeric score of 69, good enough to rank the state 25th. But numeric score of 64 for Lobbying Disclosure while rating only a D, was still good enough to nudge the state into the upper half of the rankings at 24th.

One of the biggest areas of concern would have to be the state’s numeric grade of only 40 for Judicial Accountability, plunging the state to next to last at 49th. (This is an area that has flown under the radar but one the legislature and next governor should address.)

The lowest numeric score was 30 for Public Access to Information, fifth from the bottom at 46th. LouisianaVoice can certainly attest to the difficulty in obtaining public records, having found it necessary to file lawsuit against the state on three occasions in order to obtain what were clearly public records. Even after winning two of the three lawsuits, we still experience intolerable foot-dragging as agencies attempt to stall in the hopes we will give up.

We will not. If anything, the stalling only strengthens our resolve to fight for the public’s right to know.

To compare Louisiana to other states in each of the 13 criteria, go here: http://www.publicintegrity.org/2015/11/09/18822/how-does-your-state-rank-integrity

In the final days of the 2015 legislative session the state Senate approved a bill that removed the exemptions pushed through by Jindal in his first month in office in 2008 which kept most government records from disclosure. State Sen. Dan Claitor (R-Baton Rouge) was quoted in the report as saying, “It turns out we were boondoggled on that.”

Jindal called his changes his “gold standard,” but the report said it is “riddled with loopholes and cynical interpretations by the governor and other state officials.”

That looked like a promising reversal to the secrecy of the Jindal administration but then the legislature agreed to postpone implementation of the new law that abolished the abused “deliberative process” exception until after Jindal leaves office next January.

Jindal also managed to gut the state’s ethics laws early in his first year. Enforcement of ethics violations was removed from the State Ethics Board and transferred to judges selected by a Jindal appointee. That prompted long-time political consultant Elliott Stonecipher of Shreveport to say that while the state’s ethics laws looked good on the surface, there was “no effective enforcement and that breeds more than just a system of corruption, but an acceptance of those practices,” the center’s report said.

The center reported that it is not Louisiana’s ethics laws that produced such a poor grade, but the day-to-day interpretations of the laws by various departmental legal advisors.

Since the center’s first survey of public integrity on a state-by-state basis, no fewer than 12 states have had legislators or cabinet-level officials charged, convicted or resign over ethics-related issues, the report said.

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A professor of Criminal Justice and retired Louisiana State Police Officer compares drug offenses with sex crimes in Louisiana in response to David Vitter’s vitriolic political ads suggesting that releasing non-violent drug offenders will harm public safety.

By Wayne “Steve” Thompson, PhD (Special to LouisianaVoice)

According to Louisiana Revised Statute 40:967, the state of Louisiana has a mandatory minimum sentence of five years for possession of 28 grams of cocaine or crack cocaine. According to Louisiana Revised Statute 14:34, the state of Louisiana does not have a mandatory minimum for aggravated battery which includes shooting or stabbing someone. Second degree rape has a mandatory minimum of two years (LRS 14:42.1). To sum it up, a man who threatens to kill a woman so she will not resist while he rapes her is required to do less time in jail than a person with a handful of cocaine or crack cocaine.

I have personally worked cases involving drug use and drug dealing resulting in decades if not centuries of incarceration. I have served numerous warrants on drug dealers while serving on the LSP SWAT team. I have assisted in the investigation of sex crimes cases. I found it frustrating the level of leniency towards sex offenders who received less punishment than drug offenders. Leniency for sex offenders is required to make sure there is room for the statutorily mandated sentences of non-violent drug offenders. My frustrations are shared by many in the criminal justice community.

Incarceration does not work

 Thirty-two percent of state felony convictions were for drug offenses in 2002 and more than 60 percent of those were sentenced to incarceration (Vanderwaal et al., 2006). There were 253,300 drug offenders in state prisons in 2005 (United States Department of Justice, 2008). The estimated cost of incarcerating these offenders is from $5 billion to $8 billion dollars per year. The average incarceration cost per offender is around $30,000 per year.

The drug war is an exercise of futility. Drug prices have gone down and the availability of drugs has increased (Caulkins & MacCoun, 2003). Long incarcerations result in higher recidivism or have zero effectiveness in reducing recidivism (Marinelli-Casey, et al., 2008; Caulkins & Reuter, 2006; Harvard Law Review, 1998; Vanderwaal et al., 2006). The user is still able to obtain drugs because there are plenty of people willing to stand in for a drug dealer when he or she is incarcerated. It is not the same for a violent offender. There is no line of violent offenders who want to step into the shoes of a sex offender, robber, or murderer. There are only victims. The incarceration of violent criminals can actually reduce the number of victimizations.

What does work?

According to Vanderwaal et al. (2006), drug treatment is more effective than incarceration in reducing drug use and reducing recidivism. Many states have realized this evidenced by numerous legislative acts which reduce mandatory minimum sentences and the establishment of over 1,600 drug courts by the end of 2004. The Back on Track (BOT) program in California is focused on first time low level drug dealers. They participate in extensive community service and meet positive goals such as school and employment requirements. If the participants successfully complete the program, they have their records sealed. Rivers (2009) reported the program has a recidivism rate of less than 10 percent and the cost is only $5,000 per participant. When this amount is compared to the reported prosecution expense of $10,000 and an annual incarceration rate of up to $50,000, it is a great success, a bargain for taxpayers.

Why does Louisiana lead the world in incarceration rates?

Research based treatment programs are a common sense alternative to incarceration that improves the ability to incarcerate violent offenders. An ad recently released in the Louisiana gubernatorial campaign condemned efforts to release up to 5,500 nonviolent drug offenders. That is 5,500 prison beds that can be used for violent offenders. The fiscal impact alone based on current incarceration costs is a savings of approximately $165 million every year. I am sure our schools could use that money.

The excessive punishments have been inspired by political popularity which also inhibits our ability to use common sense penalties and treatment. The public and law enforcement have shifted to the ideals that the drug problem is social, psychological, biological, and medical. The criminal justice system is ill equipped to deal with such problems.

Politicians are hesitant to change how we treat drug offenders for fear of appearing soft on crime resulting in damage to a political career. The fear is not created by the person who chooses innovation over ineffectiveness. The fear is created by opponents of the candidate by taking the methods out of context. I will attempt to place them in context.

Any effort to reduce the incarceration of nonviolent drug offenders through research proven treatment is a stance against violent criminals. Those who oppose such efforts are actually supporting keeping violent offenders in our midst. An attempt to create fear for political gain is described by Sheriff Tony Mancuso of Calcasieu Parish as “irresponsible” and “dangerous.”

Why do politicians think these ads work?

There is only one explanation, the perception of ignorance. The candidate must believe the voters at large have never dealt with a friend or family member who suffers from drug abuse and believe they should be treated versus incarcerated. We need representatives who will reduce our prison population with research proven best practices to make room for violent offenders. The people behind such political ads do not want violent offenders on the street and I would never make that claim. But, by putting such blatantly ignorant ads out, that is what they are facilitating.

References

Caulkins, J. P. & MacCoun, R. (2003). Limited rationality and the limits of supply reduction.       Journal of Drug Issues, 33(2), 433-464.

Caulkins, J. P. & Reuter, P. (2006). Reorienting U.S. drug policy. Issues in Science &        Technology, 23(1), 79-85.

Harvard Law Review. (1998). Alternatives to incarceration. Harvard Law Review, 111(7), 1863-  1991.

Louisiana Revised Statute 14:34. (1980). Aggravated Battery.

Louisiana Revised Statute 14:42.1. (2001). Forcible Rape.

Louisiana Revised Statute 40:967. (2007). Prohibited Acts-Schedule II, Penalties.

Marinelli-Casey, P., Gonzales, R., Hillhouse, M., Ang, A., Zweben, J., Cohen, J. Hora, P. F., &    Rawson, R. A., (2008). Drug court treatment for methamphetamine dependence:           Treatment response and posttreatment outcomes. Journal of Substance Abuse Treatment.      34(2), 242-248.

Rivers, J. L. (2009). Back on track: A problem-solving reentry court. Bureau of Justice Statistics    Office of Justice Programs. Retrieved on November 22, 2009 at             http://www.ojp.usdoj.gov/BJA/pdf/BackonTrackFS.pdf.

United States Department of Justice. (2008). Number of persons under jurisdiction of state           correctional authorities by most serious offense, 1980-2005. Retrieved November 24,    2009 at http://www.ojp.usdoj.gov/bjs/glance/tables/corrtyptab.htm.

Vanderwaal, C. J., Chriqui, J. F., Bishop, R. M., McBride, D. C., & Longshore, D. Y. (2006).       State drug policy reform movement: The use of ballot initiatives and legislation to       promote diversion to drug treatment. Journal of Drug Issues, 36(3), 619-648.

Editor’s note: In one of the two debates attended by Vitter prior to the Oct. 24 primary election, both he and State Rep. John Bel Edwards agreed that alternative programs needed to be implemented in order to alleviate prison overcrowding. That, of course, was before Vitter decided to ignore his own position to the issue and to paint Edwards as “soft on crime.”

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Can the campaigns of Bobby Jindal and David Vitter possibly be any more pathetic or repugnant?

Can the Louisiana Republican Party possibly look any more dysfunctional and puerile?

Between the events being reported on both campaigns, it would appear that each has reached the depths of degradation. But then experience has taught us to never underestimate the stupidity of a desperate individual—or in this case, two desperate individuals, both apparently headed in the same direction albeit via vastly different stratagems.

(Hint to Republicans still possessing a modicum of mental stability: you may wish to disembark from the Disoriented Express at the next stop. It’s not too late to check out of the Hotel Silly.)

First, we have Jindal, still clinging to the watery thin hope that somehow he may yet be thrust to the forefront of that gaggle of geese, aka Republican presidential hopefuls.

As we have mentioned from time to time, we somehow lucked up and got on his email list so that we get regular updates on his “surging” poll numbers and his “awesome” speeches and kiddie table debate performances. Here’s one we received on Nov. 3:

From: Gail, BobbyJindal.com [mailto:info@bobbyjindalhq.com]

Sent: Tuesday, November 03, 2015 5:11 PM

To:

Subject: New Poll: Jindal Leads Bush in Iowa

According to the latest poll out of Iowa, Bobby Jindal has moved up to 5th place, and currently has the third highest favorable rating. Bobby doesn’t have a $100 million Super Pac backing him like Jeb, but it doesn’t matter because he has grassroots supporters like you. With your help, Bobby has stood up to the DC establishment and fought for conservative principles. There are 90 days left until the Iowa Caucus. Chip in $250, $100 or even $25 right now so we have the resources to keep building our grassroots campaign and continue to rise in the polls. With your help, Bobby will win Iowa and ride the momentum to the White House.

Thank you,

Gail Gitcho Senior Advisor,

Jindal for President

P.S. please share this big news with your family and friends!

We’re not certain but we suspect by “senior advisor,” she means she is a senior in high school.

But now it seems that Bobby has been marked down by K-Mart. Here is the email we received today:

From: Brad Engle, BobbyJindal.com [mailto:info@bobbyjindalhq.com]

Sent: Friday, November 06, 2015 9:22 AM

To:

Subject: Today’s challenge

Hi, I just got out of our senior staff meeting, and I need your help on something. Our digital team just got challenged to get 1,000 new Jindal for President donors today. Can I count on you to help us get there? All we need is for you to chip in $1.

I need to send Governor Jindal a list of how many people chipped in before I leave the office tonight. Thanks,

Brad Engle Digital Director,

Jindal for President

Are you freakin’ kidding me? Has Bobby actually gone from soliciting amounts of $10, $25, $50, $100, and $250 to support his languishing campaign to begging for a buck?

One dollar to run for President? Oh, the humanity! (With apologies to Herb Morrison, the radio reporter who provided live coverage of the Hindenburg disaster on May 6, 1937—and of course, to Les Nessman the WKRP newsman who covered the live Thanksgiving turkey drop from the WKRP helicopter only to find that the turkeys could not fly.)

But if it’s abhorrence you want in lieu of cheap humor, then consider this little jewel: Jindal is scheduled to join Texas Sen. Ted Cruz and former Arkansas Gov. at a National Religious Liberties Conference in Des Moines today and tomorrow (Friday, Nov. 5 and Saturday, Nov. 7) hosted by pastor and radio host Kevin Swanson.

So what’s so repulsive about that, you ask? Just this. The good reverend, the wonderful Christian that he must certainly be, openly supports executing homosexuals. It’s not enough, apparently to merely advocate rehabilitating gays the way many fundamentalists do, he wants the U.S. to adopt Uganda’s death penalty for them. http://www.politicususa.com/2015/11/03/gop-candidates-speak-conference-hosted-pastor-supports-killing-gays.html

If Jindal had any sense in that pea-sized brain of his, he would run, not walk, as far from that event as possible. Instead, he apparently embraces it.

What have we become as a society? A nation? A civilization? Does this pseudo-preacher, along with Jindal, Cruz, and Huckabee really believe this is what Christ taught when he walked this earth? For Jindal, the very idea of his participation literally drips with inconsistent irony. As the leading proponent of Islamophobia (remember his claim of the “no-go zones” in Europe?), he now aligns himself with Islamics who advocate the death penalty for homosexuals.

And then there is this today from Robert Mann: http://www.salon.com/2015/11/06/david_vitter_hooker_shocker_new_charges_that_louisiana_pol_missed_vote_honoring_soldiers_while_scheduling_prostitute_rendezvous/

But when it comes to sheer audacity, it’s going to be difficult to top Vitter and his supporters. Republican leaders were quick to condemn Republican Lt. Gov. Jay Dardenne, who finished fourth in the Oct. 24 primary election, for his endorsement of Democratic State Rep. John Bel Edwards on Thursday (Sept. 5). Some of the criticism was a bit humorous, some of it more than a little sick.

Louisiana Republican Party Chairman Roger Villere called Dardenne “the Nick Saban of Louisiana politics.” http://theadvocate.com/news/13896377-63/louisiana-gop-chair-calls-republican

That, of course was an attempt to label Dardenne a traitor to his party by comparing him with the University of Alabama coach who, like him or not, restored LSU football to national prominence after years of sub-par seasons with revolving door coaches. In 2003, he won the school’s first national championship in football since 1958 before moving on—not to Alabama, but to the NFL’s Miami Dolphins. When that didn’t work out, he took the Alabama job and has won three national championships there.

So when Villere called Dardenne the Nick Saban of politics, he was, in effect, calling him a winner though that obviously was not his intent.

But in politics, it seems that party loyalty, or branding, takes precedence over selecting the best candidate for the job. The Republicans are showing that trait now. The Democrats did it in 1979 when four Democratic losers to Republican Dave Treen and Democrat Louis Lambert in the primary endorsed Treen. The demand for party loyalty over ability can definitely be found on both sides of the aisle.

But for pure nastiness and below the belt sour grapes, none can match the letter to Dardenne by Peter Egan, chairman of the St. Tammany Republican Parish Executive.

In fact, Egan, after what he compared Dardenne to in a Nov. 5 (Thursday) letter to Dardenne, perhaps should just slink off into quiet oblivion and hope that no one remembers his name.

ST. TAMMANY GOP LETTER TO DARDENNE

In that letter, believe it or not, Egan compared Dardenne to a jilted man firing a gun into his ex-wife’s car. How he makes such a comparison is beyond comprehension—not far removed from the incredibly crass tweet of The Hayride blogger Scott McKay who compared Edwards to Anwar al-Awlaki, the American who joined ISIS and who was later killed.

12122755_10100305564922271_8600061212285523052_n

As for Vitter himself, has anyone seen the first Vitter ad that tells us what he intends to do to pull this state out of the morass that Jindal has placed us in? Has he offered any solutions? Didn’t think so. All he has done is hit us with a never ending barrage of negative ads feverishly attempting to tie Edwards to President Obama.

As we said at the beginning, never underestimate the stupidity of a desperate individual.

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“That seems a lot like prostitution, don’t you think?”

When LouisianaVoice held its recent fundraiser, one elected official donated $250 to us from his election campaign.

Because we have never laid claim to being objective but we do pride ourselves in our independence, we thanked the donor for his generosity…and returned the money. We explained that while his support was appreciated right down to our very bone marrow, we felt it would not be good for him—or us—should someone delve into his campaign expense report and discover that he was sending us money.

In politics, as with anything with the word ethics attached to it, perception is everything and the last thing we wanted to give the appearance that we were beholden to any candidate. We may—and do—support political candidates, but we reserve the right to be critical of any policy with which we might disagree. Accepting payment from an elected or appointed official strips us of our ability to view that official objectively and to report what needs to be reported.

Republican State Senators Dale Erdey of Livingston and Danny Martiny of Metairie are examples of elected officials with whom we generally agree but with whom we have occasionally had our differences. Likewise any number of other members of the Louisiana House and Senate.

While Public Service Commissioner Scott Angelle was roundly criticized for leaving his position as Secretary of the Department of Natural Resources in the wake of the Assumption Parish sinkhole at Bayou Corne, we vigorously defended him and Lt. Gov. Jay Dardenne from the merciless attacks of Diaper Boy Dave Vitter in the weeks leading up to the recent gubernatorial primary election.

Which brings us to the subject of Vitter who finished a distant second to State Rep. John Bel Edwards and is now launching one of the most vicious smear campaigns in recent history in a desperate effort to woo Dardenne and Angelle supporters in order to overcome the huge Edwards lead. Perhaps the sting of those unwarranted attacks have caused Dardenne and Angelle to thus far refuse to endorse a candidate in the runoff.

Usually, the losers to a candidate of the same party would support that candidate in a race against someone from the opposing party. Not this time and that sends a not so subtle message to their supporters: if the Republican leader is not worthy of the support of two Republicans who failed to advance, perhaps their supporters might consider looking elsewhere.

That is the dilemma facing a desperate Vitter who is on the verge—like Edwin Edwards in 1987—of losing the first political race of his life. Edwards avoided that fate by withdrawing from the runoff, giving the governorship to Buddy Roemer but did eventually lose his first race last year when he sought the Sixth Congressional District won by Garrett Graves.

We make no secret of our distaste for Vitter but we have taken our position free of charge.

Not so with Scott McKay.

McKay is the publisher of The Hayride political blog which has for some time now received income (we presume) from a series of really cheesy, thinly-disguised “news stories” (advertisements, really) for such things as a biblical cure for cancer, sure-fire riches via questionable schemes, scary stories about imminent collapse of world financial markets and ways to protect your wealth, etc.

And while we have refrained from openly criticizing his blog because we feel he has the same right as we to express his views openly and without reprisals, fellow blogger Lamar White today (Tuesday, November 3) revealed that Vitters’ campaign expense reports reveal that he has paid Hayride Media, LLC of Baton Rouge $1,000 per month since last February.

That’s $8,000 total to someone who should insist that his blog remain above reproach in the interest of any shred of credibility he may have.

We have long suspected that Bobby Jindal’s organization was somehow funneling money to The Hayride, but could never find proof that was the case. Vitter, however, is a different story. Thanks to Lamar White and his blog, CenLamar, we now have that proof of the latter’s support. http://cenlamar.com/2015/11/03/david-vitter-pays-controversial-blogger-1kmonth-to-attack-john-bel-edwards-as-a-treasonous-terrorist-in-al-Qaeda/

To further demonstrate just how low this campaign has sunk, thanks to Vitter and his now-revealed media mouthpiece, here is a tweet from McKay, also provided by CenLamar:

12122755_10100305564922271_8600061212285523052_n

 

Vitter is now like Jimmy Swaggart, according to McKay—an undesirable but a clear preference to Edwards, who McKay compared to American-born terrorist Anwar al-Awlaki.

Folks, this is insidious—and despicable. McKay has single-handedly plunged this campaign into the depths of his own personal sewer.

If this is the type person you prefer to listen to, then we can only express our sympathies that you are this shallow, this narrow-minded, this bigoted. McKay’s tweet borders on the psychopathic, the anti-social fringe element of society.

The irony is that they believe they are advancing Christian principles when in reality what Vitter—and McKay—are saying is about as far removed from the teachings of Christ as anything any member of….oh, say Isis, could utter. (Yes, that is extreme and a bit overblown, but we were hard pressed to find a comparable hate group with which to compare them other than the old John Birch Society or the KKK.)

On the hate meter, McKay’s tweet ranks right up there with General Phil Sheridan who, in January of 1869, when Comanche Indian Chief Toch-a-Way (Turtle Dove) said, “Me Toch-a-Way, me good Indian, replied, “The only good Indians I ever saw were dead.”

Where is the humility, the love for others, the help for those less fortunate, the forgiveness? It’s not there. Instead, we have a paid shill for Vitter comparing an honor graduate of West Point and an 82nd Airborne Ranger leader to a terrorist.

Edwards, in Denham Springs Tuesday morning for a campaign appearance, was asked by LouisianaVoice about White’s revelation that McKay was on Vitter’s payroll, responded, “That seems a lot like prostitution, don’t you think?”

We couldn’t agree more.

And we’re not being paid to say it.

 

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