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Archive for the ‘Governor’s Office’ Category

First of four-part series:

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

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

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

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

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

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

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

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

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

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

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

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

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

LOUISIANA PUBLIC RECORDS ACT

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

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

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

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

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

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

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

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

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

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

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

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

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For those who have been so patient during the inevitable unseen delays that somehow always seem to occur in the publishing world, my book Bobby Jindal: His Destiny and Obsession, is finally available—on Kindle.

The actual book is scheduled for release on April 15 but for those of you who like e-books, you may now order your copy for $26.55 at this site: http://www.amazon.com/BOBBY-JINDAL-HIS-DESTINY-OBSESSION-ebook/dp/B01DTHMSNM/ref=tmm_kin_swatch_0?_encoding=UTF8&qid=1459802517&sr=1-1

Folks, I would be less than honest if I said I wasn’t excited about this book. Like my earlier book, Louisiana Rocks: The True Genesis of Rock & Roll, this work is the result of years of research—eight years, in fact, for that’s the length of His reign of error as Louisiana’s largely absentee governor.

Even as he raised his right hand to take the oath of office way back in 2007, he already had his focus firmly fixed on what he somehow assumed in his narcissistic temperament was his ultimate destiny: POTUS. Family members in attendance that day, in fact, were overheard already discussing that very destiny as though karma already ruled the day.

But it didn’t happen—and it won’t. Not this year, not in 2020, not ever. Try as he might to convince voters otherwise, he simply doesn’t have the creds, the cojones, to play with the big boys. He fooled Louisiana’s voters—twice. Elevating his game to the national stage and pulling the hat trick is another proposition altogether.

That’s what the book is about: his disastrous programs, his bull-headed dogma, his disdain for voters who he seemed to feel were beneath him once he won “the only job he ever wanted.” Yes, he even lied about that, not that a single person believed it for a nano-second. We all knew he was wanted to run for president in the worst way—and he certainly did.

To borrow a line from Kris Kristofferson’s The Pilgrim:

He’s a walkin’ contradiction, partly truth and partly fiction

Takin’ every wrong direction on his lonely way back home

He first ran in 2003 but lost when Protestant voters in North Louisiana (who, ironically, would embrace him in 2007 and 2011) rejected him. So, he ran for Congress in 2004, running in a Congressional district that included mostly white conservative Republican Jefferson Parish even though his official residence was in Baton Rouge. He won that election and was re-elected in 2006 before capturing the governor’s office the following year.

While we do touch on those three years in Congress, during which time he mysteriously increased his net worth to the status of millionaire, it is those wretched years as governor on which we devoted most of the book.

So, if you are one of those who love electronic books, get your order in now.

If you prefer a book you can hold in your hands (as I do) and you would like a copy signed personally to you by me, click on the book cover’s image to the right and place your order with Cavalier House Books of Denham Springs.

Cavalier House Books is about three blocks from my home and when your copy comes in, he will call me and I will dutifully hop on my bicycle and ride up to this store and sign your copy before he mails it to you.

I recommend this for two reasons: John Cavalier, who, along with his wife Michelle, owns the store, built the LouisianaVoice blog page as a favor to me and his is the only advertisement LouisianaVoice accepts on our Web page. Just as he did not charge me for building our blog page, I do not charge him for the advertising.

The other reason is I am a strong supporter of mom and pop businesses in general. I strongly urge you to support their bookstore by ordering your signed copy from Cavalier House Books.

 

 

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For those who may have forgotten or if the eighties were before your time, there was a Speaker of the U.S. House named Jim Wright, a Texas Democrat who was forced to resign his speakership—and Congress—over a questionable book deal that allowed him to circumvent federal campaign finance laws. http://www.nytimes.com/1988/06/12/us/behind-jim-wright-s-book-his-friends.html?pagewanted=2

That was in 1988. Six years later, in 1994, House Speaker Newt Gingrich, a Georgia Republican, announced he would not accept a $4.5 million book advance following sharp criticism of his cashing in on Republicans’ victories in the November elections. http://www.nytimes.com/1994/12/31/us/gingrich-gives-up-4-million-advance-on-his-book-deal.html

Four years later, he resigned. http://content.time.com/time/magazine/article/0,9171,15676,00.html

And then you have Bobby Jindal’s Super Pac, Believe Again. http://blogs.wsj.com/washwire/2015/01/22/jindal-supporters-file-paperwork-for-super-pac-believe-again/

Previously known as Stand Up to Washington, the Super PAC was established in January 2015 to help fund his all but imaginary presidential campaign. Of course, federal campaign finance laws prohibit his conversion of Super PAC money for personal use.

Later that same year, he published his second ghostwritten book, American Will. Though marked down to $21 by Amazon.com, the list price for the book was $28.

AMERICAN WILL

Jindal, who, in his continuing efforts to make himself relevant, claims to have personally built the Louisiana House of Ethics brick by brick, then was said to have done something that smacks of Jim Wright and New Gingrich and most certainly not something expected of the architect of Louisiana’s “Gold Standards of Ethics.”

Sources have told LouisianaVoice that Jindal “sold” 5,000 of his books to Believe Again. At first blush, it would appear that deal was done so that he could give books to supporters—although an estimate of 5,000 supporters (nationwide, much less in Louisiana) might have been a tad on the high side.

Left unsaid was that by selling the books to Believe Again, approximately $140,000 was transferred from the Super Pac to Jindal’s personal bank account—money he otherwise would not be allowed to convert to his own use.

And presto! He’s $140,000 richer.

And he probably still has most of those 5,000 books gathering dust in a closet somewhere.

And he’s still laying claim in speeches and op-eds to raising governmental ethics to new heights in Louisiana.

Perhaps this title and book cover would have been more appropriate:

NEW JINDAL BOOK

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State Police Commission member William Goldring claims in an email that he ceased making political contributions after he received a letter from former Gov. Bobby Jindal’s office nearly three years ago informing him of a constitutional prohibition against political activity.

Copies of campaign reports obtained by LouisianaVoice, however, indicate that four companies controlled by Goldring contributed more than $95,000 to various political campaigns subsequent to the July 3, 2013 letter.

The State Police Commission is currently wrestling with an investigation of political contributions by the Louisiana State Police Association (LSTA) even as three commission members, including Goldring, have come under scrutiny for their own contributions to political campaigns.

Meanwhile, LouisianaVoice has learned of a bill currently pending in the legislature that would repeal the constitutional prohibition against political activity not only by commission members and state police, but state civil service workers as well.

Senate Bill 76 by State Sen. Ryan Gatti (R-Bossier City) calls for a constitutional amendment to be approved by voters that would repeal the prohibition against political activity but would leave intact the prohibition against civil service employees seeking political office. http://www.legis.la.gov/legis/ViewDocument.aspx?d=978216

Gatti’s bill, which would require two-thirds passage of both chambers, would delete the passage of the current law that says no person shall “solicit contributions for political purposes from any classified employee or official” while leaving in the prohibition against “use or attempt to use (one’s) position in the state or city service to punish or coerce the political action of a classified employee.”

All that sounds great in theory but we also know how the subtleties of the system work. Refuse to contribute to the boss’s candidate and suddenly the employee begins to get less than favorable performance reviews. He starts getting written up for minor infractions considered insignificant before. The chances for promotion dwindle and eventually disappear altogether.

That’s precisely why Civil Service was created in Louisiana in the first place by Gov. Sam Jones (1940-1944). Gov. Earl Long (1944-1948) dismantled Civil Service in favor of the old spoils system but Gov. Jimmie Davis reinstated Civil Service during his second term (1960-1964).

It’s not enough, apparently, to siphon contributions from the lobbyists, state contractors and PACs, but now they want to bleed state employees already fearful for their jobs after the eight-year reign of terror by Bobby Jindal. To put it simply as possible, this bill would be nothing but a return to the Huey Long Deduct Box era.

While restricting political activity on the part of classified employees, civil service rules also give them protection from just the kind of coercion they will be forced to endure should Gatti’s bill succeed. And if you don’t believe that intimidation will become a reality, I have a beautiful bridge in Brooklyn I’ll sell you cheap.

But back to Goldring, Freddie Pitcher and Commission Chairman Franklin Kyle, the three whose political contributions have put them in the spotlight because of their role in investigating political contributions by LSTA.

LouisianaVoice made another public records request, this one for “all correspondence from any commission members relative to any notice of resignation from the commission.”

We learned from that request that each of the three fell back on the explanation that they didn’t know the rules. That’s a thin excuse. For Pitcher who served as a district court judge and then as a judge on the First Circuit Court of Appeal, pleading ignorance of the law is especially disappointing.

This is the email string we received pursuant to our request:

From: Franklin Kyle
Sent: Tuesday, March 29, 2016 5:15 PM
To: Freddie Pitcher Jr.
Cc: Cathy Derbonne; Lenore Feeney; Thomas Doss; lfgrafton; Donald Breaux; Calvin W. Braxton, Sr.; Bill Goldring
Subject: RE: State Police Commission / Resignation

Freddie:

 I appreciate this email, and completely understand your position.  I, too, in my first term, was appointed, sworn in, and given an extensive rule book in which to abide by.  It is a cumbersome document, but admittedly one that was provided.  I think it would behoove all new in-coming commissioners to be fully briefed on the restrictions placed upon their appointment by the Executive Director and staff so these issues will not occur in the future.  Had that been done, I am confident that this issue would have never arisen. 

 With regards to your service on the Commission, I can’t thank you enough for your time, insight, and experience in dealing with the charges of this body.  You have truly been an asset to the Commission, and a wonderful blessing to work with.  On behalf of the entire Commission and staff, I wish the best in all you do.

 Franklin Kyle, Chairman

 

From: Freddie Pitcher Jr.
Sent: Tuesday, March 29, 2016 3:15 PM
To: Franklin Kyle
Cc: Cathy Derbonne; Lenore Feeney; Thomas Doss; lfgrafton; Donald Breaux; Calvin W. Braxton, Sr.; bill@
Subject: Re: State Police Commission / Resignation

Dear Chairman Kyle,

After reading Bill Goldring’s email I feel compelled to weigh in on the conversation regarding Commission members making campaign contributions. Like Bill, I did not have the benefit of an orientation when I was sworn in as commission member. Nor was I made aware of such prohibition when Bill or our esteemed Chairman was made aware of the prohibition. It was not until this controversy regarding the State Trooper’s Association members questioning the use of association funds to make campaign contribution that I was made privy to the rule  through Commissioner Braxton. I then had to call Cathy to find that my name was being mentioned very prominently in a Blog that was reporting on the contribution issue. But for the last minute heads up, I would have been completely caught off guard by the reporter last week who wanted to know if I was being forced or pressured to step down from the Commission. As you may have read, I responded by stating that “I am stepping down of my on volition.”

 Now that I am fully aware of the prohibition,  I feel that I must step down as a Commission Member so I will not feel constrained in my desire to help persons who I would like to support politically. I ran for elective office twice and would not have been successful but the campaign contributions I received from my friends and supporters. 

 Like all of us who serve on the Commission, it was a fulfillment of my civic responsibility. At no time during my service was I presented with an issue where I was conflicted because a contribution I may have made. And had one presented itself I surely would have recused myself.

 I wish the Commission members and staff all the best as you carry out the charge of the Commission.

 Freddie Pitcher 

 

On Mar 29, 2016, at 12:42 PM, Bill Goldring wrote:

Cathy,

After reading Franklin Kyle’s letter, I felt a need to go the record to be responsive. When first asked to go on the Louisiana State Police Commission by Governor Jindal I hesitated, in that over many decades I had been asked by many governors to serve on various boards and commissions, all of which I had turned down (i.e. Louisiana Board of Regents). Only because of my keen interest and involvement and support of law enforcement for the past 30 years, did I accept. Upon joining the commission there was absolutely no orientation or rules that were given to me. Approximately 3 years ago, there was a vacancy on the commission and I was asked who might be a suitable candidate to fill the spot. I suggested a prominent businessman, Boysie Bollinger who was accepted and sworn in. Within 24 hours he resigned when his attorney informed him of a ruling forbidding anyone on the commission to make political contributions or be involved in a political campaign. Mr. Bollinger personally called me to make me aware of the ruling which I was never informed. I then called and wrote to the governors office to get a full explanation of the responsibilities of commission members, which were never given to me. Since then I have been solicited personally (orally and by mail) by hundreds of people who I have continually turned down as well as sent them a copy of my enclosed correspondence. Just a few are listed below (feel free to contact them).

U.S. SENATOR DAVID VITTER

U.S. SENATOR MARY LANDRIEU

MAYOR MITCH LANDRIEU

U.S. SENATOR WILLIAM CASSIDY

U.S. CONGRESMAN CEDRIC RICHMOND

U.S. CONGRESSMAN JOHN FLEMING

CITY COUNCILPERSONS STACY HEAD, LATOYA CANTRELL AND SUSAN GUIDRY.

 I certainly take my duties and responsibilities seriously and have abided by the framework and regulation of the commission. There is no reward or personal gain by my serving on the Louisiana State Police Commission and only do so as a civic responsibility.

 With regards,

Bill Goldring

 PS- as a final note, I fully understand rules and regulations put on state troopers, but cannot understand commission members having to adhere to same in that we do not come in contact with the public.

It’s perception, Mr. Goldring and when you’re in public service, perception is everything.

Candor is part of the equation making up perception and you haven’t been completely candid.

While Goldring did in fact cease all individual political contributions following that 2013 letter from Jindal Executive Counsel Thomas Enright, companies that he controls most certainly did not.

LETTER TO GOLDRING

Among the recipients of his corporate generosity were legislators, political action committees, State Treasurer John Kennedy, New Orleans Mayor Mitch Landrieu, failed attorney general candidate John Young, Gov. John Bel Edwards, and several minor candidates.

CRESCENT CROWN CONTRIBUTIONS

MAGNOLIA MARKETING

REPUBLIC NATIONAL DISTRIBUTION

SAZERAC

 

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The timeliness of Tuesday’s observation about holding our public officials accountable has come into play less than 24 hours after the post went up.

Today’s (March30) Baton Rouge Advocate revealed that only two of Bobby Jindal’s nine public-private partnership hospital contracts will be funded in the next fiscal year, a move that is certain to adversely affect low-income residents seeking medical care. http://theadvocate.com/news/15333761-70/seven-out-nine-public-hospitals-unfunded-in-next-years-budget-including-baton-rouge-and-lafayette

As severe as the projected cuts are ($58.4 million to Our Lady of the Lake Medical Center in Baton Rouge and $51.2 million to Lafayette General Health Center alone), Gov. John Bel Edwards appointee Department of Health and Hospitals Secretary Dr. Rebekah Gee has been AWOL at hearings before the House Appropriations Committee and the Joint Legislative Committee on the Budget.

The latest crisis is, of course, directly attributable to the short-sightedness of Bobby Jindal and his obsession with privatizing everything in state government that moved—even to the extent of having his lap dog LSU Board of Supervisors approve a contract turning over medical facilities in Shreveport and Monroe to private concerns which contained 50 blank pages.

As things now stand, it appears the only hospitals to be spared the knife (if you will pardon a terrible pun) are the LSU Medical Centers in New Orleans and Shreveport and they survived only because they house LSU medical schools.

The fiscal year 2017 budget calls for a 10 percent funding cut for DHH. That comes to $283 million right off the top but the number escalates to $750 million when the loss of federal matching funds are factored into the equation.

Besides OLOL in Baton Rouge and Lafayette General, other public-private hospitals impacted by the cuts include those in Alexandria, Monroe, Houma, Bogalusa and Lake Charles.

LSU Health Sciences Center Chancellor Dr. Larry Hollier testified that he was worried about the prospect of seeing the public-private arrangements go belly up. OLOL, he said, has 150 residents in training and Lafayette has 82. In all, LSU has about 800 residents scattered about the state.

State Rep. Ted James (D-Baton Rouge) noted that residents of north Baton Rouge, a predominantly black area, have lost both inner community hospitals when Earl K. Long was closed and later torn down and when Baton Rouge General-Mid City closed down its emergency room a year ago Thursday (March 31).

So with all this bad news swirling about, where was the DHH secretary?

Sure, DHH Undersecretary Jeff Reynolds testified but was unable to give clear cut answers to legislators’ questions about how funds saved from Medicaid expansion might be used to offset the DHH shortfall.

But Gee was still MIA. Reynolds said she was absent because of personal issues but that lame excuse was quickly shot down by DHH spokesperson Bob Johannessen told LSU’s Manship School News Service that Gee was spending spring break with her family.

Johannessen’s candor could get him in hot water. The boss never likes it when a subordinate reveals something that puts him or her in a bad light. And face it, this is a pretty bad light. He did recover some lost ground, however, when he added that legislators who were critical of her absence were “grandstanding.”

Well, yeah. That’s what politicians do. So why make it so easy for them?

Rep. Bob Hensgens (R-Abbeville) said he doesn’t recall seeing Gee at any Appropriations Committee or Joint Legislative Committee on the Budget meetings.

Rep. John Schroder (R-Covington) was even more critical. “It’s getting a little troublesome that the secretary doesn’t come,” he said. “The taxpayers want to hear from the boss when we start talking about these kinds of dollars.” http://www.thenewsstar.com/story/news/local/2016/03/29/millions-dollars-cut-state-hospitals/82402336/

Spring break? Whiskey Tango Foxtrot? (the new polite way of saying WTF?)

Edwards appointed Gee, a professor of health policy and management in obstetrics and gynecology at LSU, to head DHH in early January. http://new.dhh.louisiana.gov/index.cfm/page/7/n/55

We just had a DHH secretary (Kathy Kliebert) whose brother-in-law got into hot water with the Louisiana Board of Ethics (does anyone have any idea how difficult that is to do after Jindal revamped the ethics board in 2008?) because he failed to disclose his employment by state Medicaid contractor Magellan Health Services. http://www.theneworleansadvocate.com/news/11707352-123/brother-in-law-of-state-health-secretary

We just got rid of a governor who for eight years steadfastly refused to be held accountable for his action (or inaction, as the case may be).

Her appointment was described as “among the most important appointments Edwards will make in his new administration” by NOLA.com back in January.

At the time of the announcement of her appointment, she said, “I pledge to you I will use all of the skills I’ve used as a physician, a patient, a parent, and a policymaker to do everything I can to improve the lives and health of people in this great state.”

http://www.nola.com/politics/index.ssf/2016/01/john_bel_edwards_dhh_secretary.html

Dr. Gee, those noble words might mean a little more to the taxpayers of this state if you would take your position more seriously and appear at important committee hearings. A public face on an agency in crisis mode is more than important: it’s critical.

It’s all about accountability.

We’ve already had one agency head (Kristy Nichols) to duck out on a committee hearing to attend a boy band concert in New Orleans. We don’t need an encore of that performance. https://louisianavoice.com/2014/10/06/kristy-kreme-knows-one-direction-ducks-out-on-legislative-committee-for-boy-band-concert-at-n-o-smoothie-king-arena/

Going on spring break at a time when the low-income residents of this state are staring at having to overcome even greater hurdles to obtain decent health care sends the wrong message—a message that we’ve become all too familiar with over the past eight years.

And that message is arrogance.

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