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Archive for the ‘Governor’s Office’ Category

dis·crim·i·na·tion

dəˌskriməˈnāSH(ə)n/

noun:

The unjust or prejudicial treatment of different categories of people or things.

Synonyms: prejudice, bias, bigotry, intolerance, narrow-mindedness, unfairness, inequity, favoritism, one-sidedness, partisanship;

hyp·o·crite

ˈhipəˌkrit/

noun:

A person who indulges in hypocrisy (see: Legislature)

sub·ser·vi·ent

səbˈsərvēənt/

adjective

prepared to obey others unquestioningly.

Synonyms: submissive, deferential, compliant, obedient, dutiful, biddable, docile, passive, unassertiveInformal: under someone’s thumb (see: Legislators, Norquist)

What is it about this time of year that turns a group of men and women into blithering idiots, incapable of comprehending the inconsistencies they perpetuate in the name of good government?

Take House Bill 418 by Rep. Stuart Bishop (R-Lafayette) and SB 204 by Sen. Dan Martiny (R-Metairie), for two prime examples. HB 418 SB204

Both bills, being pushed hard by the Louisiana Association of Business and Industry (read: Bobby Jindal), would abolish forbid payroll deductions for public employee unions.

Stephen Waguespack, who previously worked in Jindal’s 2007 campaign and later served as Jindal’s executive counsel and chief of staff, is president of LABI.

Jindal, looking more and more like Scott Walker with each passing day, apparently wants to emulate the Wisconsin governor who recently said if he were elected president, he would “crush” all unions. http://thinkprogress.org/election/2015/05/04/3654397/scott-walker-says-crush-whats-left-american-unions-elected-president/

“I feel it unethical for taxpayers to pay an individual to deduct union dues when they are not exactly sure what the union dues are for,” sniffed Bishop, apparently oblivious to approved payroll deductions for the Louisiana United Way which may support causes the donor might not wish to endorse. http://theadvocate.com/news/12063375-123/payroll-deduction-for-unions-under

Bishop may also have overlooked the question of ethics involved in his expenditure of $6,240 in campaign funds for LSU football tickets in 2012 and 2013. (Note: one of the entries for April 26, 2013 is a duplicate and should not be counted.)

http://ethics.la.gov/CampaignFinanceSearch/SearchResultsByExpenditures.aspx

Martiny, other than introducing SB 204, has been largely silent on the issue. Perhaps, unlike Bishop, he is hesitant to utter the word “ethical” in light of his own campaign expenditures which eclipse those of his House counterpart.

Campaign finance records show that that Martiny has dipped into $107,475 of his campaign funds to pay for such non-campaign-related expenditures as athletic events, meals, air travel, lodging and casinos.

Here is the breakdown on just the athletic events: Tickets for LSU football ($28,823), New Orleans Hornets/Pelicans ($22,680), New Orleans Saints ($22,670), the 2006 NCAA basketball regionals ($1,480), the 2004 Nokia Sugar Bowl ($600)—altogether, a combined expenditure of $76,252. Additionally, there were unspecified expenditures of $864 for “Augusta” (the Masters Golf Tournament, perhaps?) and $590 for Ticketmaster.

Other “campaign” expenditures for Martiny included $7,300 for furniture, $5926 for hotel and resort accommodations, $4,348 for air fare, $5,705 for nine meals, an average of $634 per lobster (mostly at Ruth’s Chris in Metairie), $1,500 for an apparent membership at Pontchartrain Yacht Club, and $5,000 at two truck stop casinos.

To be fair, he did chip in $4,500 for the Better Government Political Action Committee though it was unclear whose better government he was trying to promote.

In an incredible stretch, supporters of the measures linked union dues to abortion clinics when one supporter said the dues could end up supporting such organizations as Planned Parenthood.

Brigitte Nieland, LABI vice president for workforce development, said Louisiana taxpayers are supporting the automatic collection of dollars to go and fund projects that they say they do not support.”

But opponents say the bills are just measures to gut unions and to silence workers by handing more power to big corporations. “It is a way of getting unions out of the way of these large corporations and state political or legislative agendas that are not education or education-friendly,” said Debbie Meaux, president of the Louisiana Association of Educators.

Voters might be able to conjure up a bit more respect for lawmakers if they would just be honest and say they are trying to destroy public employee unions.

But they just can’t seem to be able to admit that. Instead they create phantom arguments such as preventing members from being forced to spend dues on causes that they oppose and, most implausible, that it eases the burden on the state to collect the dues.

Unless you happen to be LABI member Lane Grigsby. Bob Mann recently had a post on his Something Like the Truth blog in which Grigsby said on video (since removed from LABI’s website—did LABI learn transparency from Bobby Jindal?), “When you cut off the unions’ funding, they lose their stroke.” http://bobmannblog.com/2015/05/06/labi-leader-caught-on-video-paycheck-protection-bill-is-fatal-spear-to-the-heart-of-teacher-unions/

Aha! We may at long last have found that honest man Diogenes went searching for with his lamp (until he hit the halls of the Louisiana Legislature at which point he found it necessary to search for his stolen lamp). Anyone seen Scott Walker lurking around the State Capitol?

Why would legislators single out just one payroll deduction when there are literally dozens that are approved by the state?

Approved plans include payroll deductions for savings programs, life insurance, disability insurance, dental insurance, health insurance, the United Way, Secretary of State employees’ Association, Louisiana Wildlife Agents Association, Louisiana State Police Honor Fund, Louisiana State Police Officers Association, Louisiana State Troopers Association, Louisiana Society of Professional Engineers, Fire Marshal Association of Louisiana, Deferred Compensation plans, Probation and Parole Fraternal Order of Police Lodge No. 50, and….well, you get the picture.

If you really want to know why it’s so important, you need only read the endorsement by none other than Grover Norquist of Washington, D.C., head of Americans for Tax Reform, the man and organization who gives the marching orders (read: no-tax pledge) to legislators and governors all across the country, including Louisiana. https://www.atr.org/louisiana-labor-committee-passes-paycheck-protection-bill

“HB 418 saves taxpayer dollars by taking the government out of the dues collection business,” Norquist says. “No more administrative or financial resources will be used by state government to funnel money to unions that, in turn, often use that very money to work against the interests of Louisiana taxpayers. If the unions want the money, they will have to ask for it themselves.”

And oh, such a financial burden it is for a completely automated, computerized and untouched by human hands system to deduct those nasty dues.

That’s selective reasoning at best.

The House Labor & Industrial Relations Committee, by a 9-6 vote, has approved Bishop’s bill which now goes to the full House for debate.

So now we know for certain that nine members of that committee are still taking their marching orders from Norquist and Jindal.

Here are the committee members. Talk about a stacked deck. http://house.louisiana.gov/H_Cmtes/Labor.aspx

We share the sentiments expressed by Steve Monaghan, president of the Louisiana Federation of Teachers (LFT) that the legislature has more important matters on its plate than spending time trying to inflict yet more punishment on the state’s teaching profession.

Like a $1.6 billion budget shortfall.

And yes, we are keenly aware that there were and still are abuses of power in the labor movement. But given the conditions of American labor before the birth of the union movement, I will opt for dealing with those abuses. I would rather not see women and children confined in sweat shops for 12 yours a day for starvation wages. I would rather not see those trying to stand up for their rights clubbed by goons hired by the robber barons. I would rather not see consumers sold rotten meat by the meat packing plants depicted in Upton Sinclair’s The Jungle.

Yes, of course there were abuses in the labor movement. There still are. And there’s not in the halls of government and on Wall Street? In case you haven’t been watching the pendulum has swung far back in the other direction—too far. Corporations wield far more power today than labor. Don’t believe it? Look at the campaign contributions. Compare what Labor gives to what corporations give to the PACs. Check out who has bought the most elections over the past 40 years. And don’t even try to play the corruption card.

But Grover’s will must be done for his is the power and the glory forever.

Amen.

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If you will take the time to read the story below the Notable Quotables post, you will be able to see for yourself why our fight with the Division of Administration (DOA) and Bobby Jindal over access to public records is far from over after three separate lawsuits (one against the Department of Education and the other two against DOA).

As the reader can see, DOA has no intentions of timely compliance with our requests—or ever, if they can get away with it. Winning one case against them outright and taking three of four in the most recent courtroom battle will only embolden Kristy Nichols to dig in her heels and continue to withhold records indefinitely.

That’s why your contributions to LouisianaVoice are so important. Unfortunately, justice is not only not free, but downright unaffordable for the average person. One can file pro se but unless he or she is familiar with legal terms and tactics, that is a foolhardy endeavor.

Please do whatever you can to help us defray the growing costs of litigation in these efforts to see to it that records to which you have every right are provided completely and on a timely basis.

You may click on the Donate Button with Credit Cards (not here, but to the right) to pay by credit card, or you mail your checks or money orders to:

Capitol News Service/LouisianaVoice

P.O. Box 922

Denham Springs, LA. 70727-0922

 

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“You’re cool with my having a wife at home?”

Instagram message from former Louisiana Housing Corp. Executive Director Frederick Tombar, III, to a female employee of his former agency whom he was trying to get to sleep with him. Tombar, a Bobby Jindal appointee, resigned in the wake of an investigation into allegations from two female employees of sexual harassment.

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As an illustration of the arrogance of Commissioner of Administration Kristy Nichols and the Division of Administration (DOA), one need only examine the most recent “compliance” to our request for public records in the matter of former Louisiana Housing Corporation (LHC) Executive Director Frederick Tombar, III. https://louisianavoice.com/2015/04/21/frederick-tombar-a-key-jindal-appointee-resigns-260k-job-at-lhc-following-internal-investigation-of-sexual-harassment/

Even as the parties to our lawsuit against Nichols and DOA were awaiting the start of our case in District Judge Mike Caldwell’s courtroom on Monday, DOA’s legal counsel asked our attorney about our post of Sunday, May 3, in which we revealed that DOA was sitting on another request of ours. We made simultaneous requests, we explained, to DOA and to an office under DOA (LHC). The office responded with the records but DOA still had not complied nearly two weeks after our request was submitted. https://louisianavoice.com/2015/05/03/louisianavoice-v-la-doa-goes-to-trial-monday-we-need-your-help-to-defray-legal-costs-that-will-continue-on-appeal/

But don’t just take our word for it. Here is a column by Robert Mann from nearly two years ago:

http://www.nola.com/opinions/index.ssf/2013/05/louisiana_government_is_making.html

The attorney for DOA, upon being told what records we had requested, promised us we would have the records on Tuesday.

On Tuesday, apparently buoyed by only a partial victory by us, DOA responded with partial compliance as some sort of weird game of gotcha.

The records we received from the LHC contained 16 pages. The records provided Tuesday by DOA contained four pages.

DOA insisted in the trial of our earlier lawsuit against DOA (also before Judge Caldwell, who, in that case, ruled against LouisianaVoice altogether—do we see a pattern here?) that we were not being singled out for deliberate non-compliance or the withholding of records despite DOA’s historically taking weeks and even months to provide requested documents.

Yet, withholding 12 pages of a public record (the LHC board, with the concurrence of legal counsel, had previously decided that the investigative report into allegations of sexual harassment against Tombar was indeed public) certainly appears to us to be deliberate—and against the law.

Here’s the gist of the investigative report:

LHC board Chairman Mayson Foster asked the DOA Office of Human Resources to conduct an investigation on April 13 into claims by two female employees (one, a contract employee and the other a full-time employee of LHC) that Tombar, who lives in New Orleans, had pressured each of them to spend nights with him in his hotel room when he was in Baton Rouge for board meetings.

(The report, as it should, withheld the names of the women and LouisianaVoice has never requested that information. We respect the employees’ privacy; we only wanted the investigative report.)

The harassment of the first employee, a contract worker, began on Nov. 19, 2014, the report said, when Tombar and the employee separately attended a luncheon for the agency. Immediately following the luncheon, he “friended” her on Facebook and Instagram and made repeated requests for her to join him after work for drinks.

The employee made excuses to avoid doing so but then his advances became even stronger as he began to request that she spend the night with him in his hotel room during his stays in Baton Rouge. Specifically, emails provided LouisianaVoice by LHC (with the name of the employee properly redacted) show that Tombar asked her to spend the night with him on Feb. 10, 2015, the night before an LHC board meeting.

Even though she was a contract employee, Tombar promised her in his emails that she would be “safe” from layoffs and then asked her again to spend the night with him on April 7, 2015.

Eventually, the woman blocked his calls and filed a formal complaint and asked that she continue working but away from Tombar.

The second woman, an employee of LHC, said she attended a conference in New Orleans on Feb. 7-9, 2015 and that on March 19, she received an email from Tombar saying he would be staying overnight in Baton Rouge and asking her to stay with him overnight in his hotel room, a request she declined.

He repeated the request on April 7 before she sought relief in the form of a formal complaint in which she said she wished to keep her job but to work “away from Mr. Tombar,” the report said.

In one Instagram message provided LouisianaVoice as part of the record, Tombar asked one of the women, “You’re cool with my having a wife at home?”

The report’s conclusion said:

“Inform

  • “Information gathered from claimant interviews as well as a subsequent review of electronic messages sent to both claimants by Mr. Tombar clearly establish a pattern of sexual harassment and hostile work environment. Specifically, Mr. Tombar’s declaration that (the first claimant’s) position would be protected from layoffs while (simultaneously) trying to establish a sexual relationship with her presents clear evidence of quid pro quo sexual harassment. Additionally, the use of sexually explicit content in electronic messages to LHC employees and contractors presents clear evidence of a hostile work environment.”

The report further said the women “should have been more direct and forceful” in putting Tombar on notice “that his advances were unwelcomed and unwarranted, which they acknowledged in their interviews.” At the same time, the report pointed out that the women were fearful of losing their positions because of Tombar’s position as Executive Director and Appointing Authority within LHC.

Attempts to interview Tombar by DOA’s Human Resources Department “to provide him an opportunity to refute and defend those claims” were thwarted when Tombar abruptly resigned his $260,000-a-year position on April 21, the report said.

Tombar was appointed to head LHC after passage of Senate Bill 269 by State Sen. Neil Riser in 2011. The bill, which became Act 408 upon the signature of Bobby Jindal, consolidated three former agencies into one: the Louisiana Housing Finance Agency, the Road Home Corp., and Louisiana Land Trust. That consolidation became effective on Jan. 1, 2012 and Jindal named Tombar to head the new agency shortly after that.

Tombar earned a Bachelor of Arts degree in Government from Notre Dame University and later attended Harvard University’s John F. Kennedy School of Government where he earned a Master in Public Policy degree.

He directed the Road Home Program following Hurricanes Katrina and Rita. Road Home served as the largest single housing recovery program in U.S. history.

LHC currently is house in an elaborate structure on Quail Drive across from the Pennington Biomedical Research Center just off Perkins Road in Baton Rouge. LOUISIANA HOUSING CORP.(CLICK ON IMAGE TO ENLARGE)

The agency has 125 employees and a payroll of more than $7.9 million. Besides Tombar, eight other employees make more than $100,000 per year, according to State Civil Service records.

http://doa.louisiana.gov/boardsandcommissions/viewEmployees.cfm?board=273

In an April 6, 2015, message to one of the women, Tombar said, “Jindal has a claim to my time until 5. Any plans after are negotiable.”

The employee, in an apparent effort to put him off, responded, “Maybe next time.”

In the most explicit message provided by LHC, Tombar sent a message that gave the definition of “sunrise surprise” from the online Urban Dictionary: “To wake someone up at exactly 6 am by having rough anal sex with them.” There was no response to that message.

As for DOA’s pattern of non-compliance with our requests, our attorney has suggested that we pursue criminal charges against Nichols in addition to our civil petitions.

It’s certainly an option we’re keeping open although Attorney General Buddy (or is it Bubba) Caldwell (no relation to the judge) has certainly revealed his reluctance to pursue the interests of the citizens of this state over such mundane matters as public records.

So, it would fall to the East Baton Rouge Parish District Attorney Hillar Moore.

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The battle has been fought but LouisianaVoice’s war with the Division of Administration (DOA) and the administration of Bobby Jindal is far from over.

We continue to need your financial help in keeping the pressure on for the public’s right to know what its government is doing and the best way to achieve that is through access to public records that DOA and Jindal want to keep from your prying eyes.

We have not met with our attorneys to determine a course of action following Monday’s ruling by State District Court Judge Mike Caldwell. It is, however, a near certainty that Commissioner of Administration Kristy Nichols will appeal.

She was, after all, held personally liable for fines and costs which will easily reach $1,500 to $2,000—and her legal counsel is free of charge, courtesy of you, the taxpayer. Accordingly, she has nothing to lose by appealing.

No matter which party appeals, it will cost us dearly and that’s why we need your help.

Besides, with DOA winning three of the four judgments handed down on Monday, DOA will most probably ramp up its efforts to delay and deny compliance with the public records requests submitted by us—and there will be more submitted.

Please contribute whatever you feel you can afford to protect your right to know what your state government is doing. You may contributed by clicking on the Donate Button with Credit Cards (not here, but on the button to the right) to contribute by credit card. Or, if you prefer, you may mail a check or money order to:

Capitol News Service/LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727

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