From our anonymous cartoonist…(Click on image to enlarge).
Posted in Contract, Contracts, DHH, DOA, Finances, Governor's Office, Legislature, Legislators, OGB, Office of Group Benefits, ORM, Office of Risk Management, State Police on June 3, 2014| 18 Comments »
The $500 million savings report by Alvarez & Marsal (A&M) was finally released on Monday only minutes before adjournment of the 2014 legislative session—and, conveniently for the administration, too late for critical feedback from lawmakers.
http://doa.louisiana.gov/doa/PressReleases/LA_GEMS_FINAL_REPORT.pdf
So, what makes this one any different than the others, given the fact that the A&M report acknowledges that Louisiana “has a long history of performance reviews, dating back to one performed by the Treen administration in the early 1980s?” Well, for one, the punctuation, spelling and grammatical errors contained in the report indicate that it was thrown together rather hastily to satisfy a state-imposed deadline for completion.
Of course the report was cranked out by “experts,” and as an old friend so accurately reminded us, an expert is someone with a briefcase from out of town.
The 425-page report, produced under a $5 million contract, while projecting a savings of $2.7 billion over five years (an average of $540 million a year), the substance of the report was sufficiently ambiguous to render the document as just so much:
(a) Useless trendy jargon and snappy catch phrases like synergy, stakeholders, and core analytics to give the report the appearance of a pseudo-academic tome;
(b) Eyewash;
(c) Window dressing;
(d) Regurgitation of previous studies by previous administrations that are now gathering dust on a shelf somewhere;
(e) All of the above.
Three things were immediately evident with only a cursory review of the report:
Most of the projected cost savings were based on assumptions for which A&M offered little or no supporting data other than arbitrary estimates and suppositions that could have been produced at a fraction of the report’s $11,760 per-page cost.
The report acknowledged that Louisiana already has the highest Medicaid recovery rate in the nation with $124 million in improper payments recovered but nevertheless listed as one of its recommendations that the Department of Health and Hospitals (DHH) “reduce improper payment in the Medicaid program.”
Seriously? Who would’ve thought that might be a way to save money?
Other suggestions included in the study by agency and projected savings (in parentheses):
DHH ($234.1 million)
Department of Transportation and Development (DOTD) ($99 million)
Department of Corrections: ($105.3 million)
Department of Revenue and Taxation ($333.4 million)
Department of Public Safety ($45.4 million)
Office of Juvenile Justice ($44.2 million)
Department of Children and Family Services ($2 million)
Louisiana Economic Development ($142.9 million);
Human Capital Management ($65.9 million)
Office of General Counsel ($3.825 million)
A&M noted that the Office of the General Counsel (that would be the in-house legal counsel—they hate being called that—for the Division of Administration) “is responsible for ensuring that the commissioner’s statutory duty to respond to public record requests in a timely and legal manner is carried out.”
This was a favorite part of the entire report for us. The DOA Office of the General Counsel has historically delayed responding to public record requests of LouisianaVoice far beyond any reasonable—or legal—time limits. Louisiana’s public records statutes require an immediate access to public records unless they are unavailable in which case the custodian of the record must, according to law, respond in writing as to when they will be available within three working days. It is not at all unusual for the Office of the General Counsel to drag his feet for weeks on end before producing requested records.
But A&M has solved that knotty little problem by pointing out that as the custodian of the DOA’s public records, “it is the commissioner’s (Kristy Nichols) responsibility to receive and process public records.”
A&M’s recommendation that the Office of the General Counsel can generate its five-year cost savings simply by:
Increasing the organization efficiency of the office, ($1.975 million) and
Increasing the efficiency of document review process and reducing internal and external attorney costs ($1.85 million).
That, of course, raises the burning question of what will happen to Jimmy Faircloth?
Other suggested savings came under:
“I am so proud of this report,” gushed Nichols. “These are real, common sense solutions that will not only save money for the people of Louisiana, but will improve the way we operate.”
Question, Kristy: If they are such “real, common sense solutions,” why has this administration in six-plus years experienced this epiphany before now?
Another question: If these suggestions, which you say were “thoroughly vetted,” are going to save money for us and make our lives better through better operations, where has Jindal, his cabinet secretaries, undersecretaries, deputy secretaries department heads, managers and great legal minds been all this time? Wasn’t it their job to give us the biggest bang for the buck? (Oops, that’s three questions.)
Oh, well, let’s go for broke here. Fourth question: Who “vetted” these wonderful ideas? If the vetting was done by those already on the state payroll, why didn’t those employees perform the task in the first place instead of blowing $5 million on this report that a second year economic major at LSU could have written?
Fifth question: Does the administration—and by extension, A&M—hold employee morale in such low regard that it was not considered as a factor in facilitating more efficient job performance across the board? Improved employee morale would seem to be conducive to cost savings, yet it was never addressed even once in the entire 425-page document. That omission speaks volumes.
And finally, if you are “so proud of this report,” why was it that you reportedly tossed an A&M representative out of your office with the admonishment that he’d better find something after he initially reported to you that his consulting firm was having trouble coming up the $500 million savings?
Could this explain why some of the “savings” appear to have been plucked out of thin air?
Posted in Campaign Contributions, Corruption, Ethics, Exemptions, Incentives, Governor's Office, House, Senate, Lawsuits, Legislature, Legislators, Louisiana Purchase, LSU, Politicians, Privatization on June 1, 2014| 14 Comments »
That citation of Dual Trucking Co. by the Montana Department of Environmental Equality for dumping oilfield radioactive waste from the nearby Bakken Oilfield, it turns out, is not the only problem State Rep. Gordon Dove (R-Houma) has experienced with environmental authorities, LouisianaVoice has learned.
Vacco Marine, Inc., a company owned by Dove, who chairs the House Committee on Natural Resources and Environment, has been the subject of several investigations, negative reports, citations, and compliance orders by and from the Louisiana Department of Environmental Quality (DEQ) over a period of several years, records show.
Last week, while presiding over a meeting of the Natural Resources Committee, he joined 12 other members in passing an amendment to SB 469 that made the prohibition against suing oil companies for damages to the state’s wetlands and marshes retroactive. The amended version of the bill has since been approved by both the full House and Senate and awaits the signature of Gov. Bobby Jindal.
Dove also serves as a member of the Louisiana Coastal Protection and Restoration Authority.
Following are a few of the issues in which Dove and his company, Vacco Marine, have been involved:
Even though Dove’s company was ordered to come into compliance with DEQ regulations, no penalties were imposed on Vacco Marine.
Could this have been because of his powerful position as chairman of the House Natural Resources and Environment?
Could it be that he received special consideration because of his position as a legislator?
That, of course, is difficult to say. But it certainly should not be hard to see the potential danger of placing an individual as chairman of a legislative committee that oversees the very agency that regulates his business—especially when that individual has such a spotted record of compliance as Rep. Gordon Dove.
That makes about as much sense as allowing him to chair that same committee and allowing him to vote on SB 469 after he received nearly $29,000 in campaign contributions from the oil and gas industry.
It makes about as much sense as Gov. Jindal’s apparent belief that the state ethics laws are meant to apply to some but not others as he signed into law a bill to allow former State Sen. Francis Heitmeier to lobby the Legislature despite the fact that his brother, David Heitmeier, is currently a state senator—in open violation of the state ethics law that prohibits members of lawmakers’ families from lobbying the legislature.
It makes about as much sense as allowing the LSU Board of Stuporvisors to enter into a contract with a company run by an LSU Board member to operate two LSU hospitals in north Louisiana.
It makes about as much sense as allowing Board of Elementary and Secondary Education (BESE) President Chas Roemer to vote on charter school issues despite the fact that his sister is executive director of the Louisiana Association of Public Charter Schools.
It makes about as much sense as allowing BESE and the Louisiana Department of Education to enter into multi-million contracts with Teach For America (TFA) even as Kira Orange Jones sits as a member of BESE and serves as executive director of TFA Greater New Orleans-Louisiana Delta.
Where I grew up in north Louisiana, we called that letting the fox guard the henhouse.
In Baton Rouge, apparently it’s just called Jindaltics.
Posted in Boards, Campaign Contributions, Coastal Erosion, Corruption, Ethics, Governor's Office, House, Senate, Lawsuits, Legislature, Legislators, Politicians, Transparency on May 29, 2014| 22 Comments »
When we make a mistake in our attempts to keep you informed about your state government and its elected officials, we make it a point to make amends as quickly and as accurately as possible in order to be fair to all concerned.
With that in mind, we owe a sincere apology for inadvertently misrepresenting the amount of campaign contributions received by certain legislators in our Wednesday post about the House Natural Resources Committee Chairman Rep. Gordon Dove (R-Houma), State Sen. Robert Adley (R-Benton) and Sen. Bret Allain (R-Franklin).
You may remember that we said that Adley had received $70,500 in campaign contributions from oil and gas interests and that Dove and Allain received $10,500 and $6,800, respectively.
We were incorrect and in fairness to them, we want to give the correct figures here and now:
There, now. We certainly feel better for having cleared the air and we hope the honorable legislators will forgive us our error.
We do not have a revised amount of oil and gas-related campaign contributions for Gov. Bobby Jindal, but we have confirmed that it is at least $545,000, most probably more. A lot more.
If there are any lingering doubts out there that politicians are bought and sold by the special interests like so many sacks of potatoes, consider the money that has been spread among our state lawmakers—just from the oil and gas interests:
So, the obvious question is: what do the oil and gas interests expect in return—other than the continuation of the same good, clean government to which we have grown so accustomed in Louisiana?
How about the dismissal of a pesky lawsuit that could result in the 97 oil companies having to spend some of their hard-earned profits to clean up and restore the state’s wetlands that they have destroyed over decades of misuse and abuse.
Just think what a bummer it would be if ExxonMobil had to dip into that $8.35 billion in net profits it earned during the last quarter of 2013. Same for Shell, with its $2.9 billion in net profits for the final quarter of last year. I mean, c’mon, you have to feel some sympathy for ExxonMobil CEO Rex Tillerson who only makes $2.72 million per year—in salary, that is. An adverse court decision could impact his annual bonus of $3.7 million (plus 225,000 shares of restricted stock worth another $21.3 million). That’s $27.7 million in 2013 alone. http://www.foxbusiness.com/industries/2014/04/11/exxon-ceo-2013-compensation-falls-278519336/
So, by obtaining a dismissal of litigation—before it ever goes to trial or even to the discovery stage—that could conceivably cost oil companies several hundred million dollars by spreading $5.8 million around represents a nice return on investment.
And make no mistake about it: campaign contributions are just that—investments. Nothing more, nothing less. More specifically, they are investments not in good government, but in business. And politics is a business—a very dirty business.
Politics long ago, even before the repugnant Citizens United U.S. Supreme Court decision of 2010, took the citizens of this country and this state out of the equation, eliminated us from the decision-making process on issues that clearly affect our lives each and every day.
And if you still believe our government is of the people, by the people and for the people, then you are either wonderfully naïve or pitifully delusional.
Not all the political back scratching, vote buying and deal making takes place in Washington. With far too few exceptions, it’s as close as our nearest state senator, state representative Board of Elementary and Secondary Education member and yes, even our governor. Especially our governor, the one who supposedly sets the moral tone for all other elected officials.
And the investments of the oil and gas interests in lawmakers who are supposed to be representing the interests of the state and its citizens are only indicative of a much larger problem, a problem that undermines the trust in the entire body politic, in the political process itself.
Can it be an accident that the seven members of the Senate Natural Resources Committee received an average of $62,902 each from oil interests—$11,785 more than the average for the 32 senators not assigned to that committee?
Do you think it a coincidence that the 19 members of the House Committee on Natural Resources and Environment received an average of $31,670—again, $3,200 more than the average for the remaining House membership?
Oil and gas contributions for the Senate committee members totaled $462,150 and for the House committee members, $394,150—a grand total of $856,300.
And then there is the seven-member Senate Committee on Environmental Quality, chaired by Sen. Mike Walsworth, or as one blogger refers to him, Walsworthless, (R-West Monroe), whose $46,775 was eclipsed by fellow committee member Sen. Dale Erdy (R-Livingston), who raked in $118,400 in donations from oil and gas.
In all, seven senators, including Adley, Gerald Long (R-Natchitoches) and Senate President John Alario (R-Westwego), received in excess of $100,000 from oil and gas interests. Alario, the poster child for using campaign funds for private purposes, received $124,400. That’s a lot of Saints and LSU football tickets and, with his expensive eating habits, a couple of gourmet meals at one of New Orleans’ finer restaurants.
Over on the House side, only one member received more than $100,000. But that just happened to be House Speaker Chuck Kleckley (R-Lake Charles). How’s that for strategic placement of your money?
And then there is Sen. Elbert Guillory (R/D/R-Opelousas) the carpetbagger from Seattle who is an announced candidate for lieutenant governor. Guillory seems to pop up anywhere there are contributions to be had. A member of the Senate Judiciary C Committee, he managed to pull in $130,400, second only to Adley’s $597,950.
These are just some of the highlights of the data we received, courtesy of Moss Robeson of Brooklyn, N.Y., whom we would like to thank for conducting a more thorough data search and for crunching the numbers for us. Working as an intern on behalf of John Barry and the Southeast Louisiana Flood Protection Authority-East (SFLPA-E), he not only ran the numbers on the Senate and members of the House Committee on Natural Resources, he ran them for every member of the entire legislature.
After all, if Gov. Jindal can continue pulling in talent from out of state, then why not bring Ross in for this project—especially since his mom resides in New Orleans?
For the complete list compiled by Robeson, click here: Copy of Campaign Contributions
Here is the way the full House voted on SB 469 on Thursday:
YEAS:
Alario
Adams
Arnold
Barras
Berthelot
Billiot
Bishop, S.
Broadwater
Burford
Burns, H.
Burns, T.
Burrell
Carmody
Carter
Champagne
Chaney
Cromer
Danahay
Dove
Fannin
Garofalo
Geymann
Gisclair
Guinn
Harris
Harrison
Havard
Henry
Hensgens
Hodges
Hoffmann
Honore
Howard
Ivey
Jones
Landry, N.
Leopold
Lorusso
Mack
Miller
Morris, Jay
Morris, Jim
Ponti
Pope
Price
Pugh
Pylant
Reynolds
Richard
Robideaux
Schexnayder
Schroder
Seabaugh
Simon
Stokes
Thibaut
Thierry
Thompson
Whitney
Total — 59
NAYS
Anders
Armes
Badon
Barrow
Bishop, W.
Brown
Connick
Cox
Dixon
Edwards
Foil
Franklin
Greene
Guillory
Hazel
Hill
Hunter
Jackson
James
Jefferson
Johnson
Lambert
Landry, T.
LeBas
Leger
Lopinto
Montoucet
Moreno
Norton
Ortego
Pearson
Pierre
Ritchie
Shadoin
Smith
Williams, A.
Williams, P.
Willmott
Woodruff
Total – 39
ABSENT
Abramson
Gaines
Hollis
Huval
St. Germain
Talbot
Total — 6
Posted in Campaign Contributions, Corruption, Ethics, Governor's Office, House, Senate, Legislature, Legislators, Politicians, Transparency on May 28, 2014| 3 Comments »
While Gov. Bobby Jindal continues to flit around the country like a hummingbird on amphetamines, he apparently can be secure in the knowledge that his lackeys in the Louisiana Legislature will have his back in protecting the 97 oil companies that have done so much damage to Louisiana’s coastline and marshlands.
And at least one legislator has been cited for illegal dumping in another state even as he votes to ensure the oil companies may continue to destroy our wetlands with impunity.
The Southeast Louisiana Flood Protection Authority-East’s (SFLPA-E) filed its landmark lawsuit nearly a year ago and the politicians who feed on the mother’s milk called oil and gas immediately closed ranks behind the companies that have destroyed the marshes and in so doing, left the entire Louisiana coastline, from Buras to Lake Charles—and New Orleans—vulnerable to more tragic hurricane destruction like that inflicted by 2005’s Katrina and Rita.
Sen. Robert Adley, R-Benton, who has benefitted from a minimum of $70,500 in oil and gas contributions and armed with predictable righteous indignation, came to the rescue like the Lone Ranger, complete with the silver bullets of anti-lawsuit legislation. He was followed in quick succession by a flood of similar bills from other shameless oil money-dependent lawmakers—the protectors of Louisiana’s citizenry from the bad old lawsuits and greedy lawyers, all following the lead of Jindal who condemned the litigation as if it were an attack on motherhood itself.
One of those bills, SB 469, by Sen. Bret Allain, R-Franklin, was authored by our old friend Jimmy Faircloth. Allain was recipient of at least $6,800 in oil money, his campaign records show. The bill, co-sponsored by Adley, zipped through the Senate by a 24-13 margin with two absentees.
SB 469 “provides that no state or local governmental entity may have, nor may pursue, any right or cause of action arising from any activity subject to permitting under present law or certain federal statutes in the coastal area, or arising from or related in any use as defined by present law, regardless of the date such use or activity occurred.”
In plain English, which most of the great unwashed employ in our everyday communications, the bill simply prohibits any entity like SFLPA-E from attempting to hold oil companies accountable through litigation for the destruction they have unleashed with careless abandon on our coastline and marshlands.
But here’s the real kicker: The bill was amended by the House Committee on Natural Resources to make that prohibition retroactive, thus in effect, killing the SFLPA-E attempt to hold the companies legally responsible for cleaning up the mess they created. As the Church Lady from Saturday Night Live was fond of saying, “How convenient.”
How’s that for giving a kid your credit card in a toy store?
So, what makes the committee vote on the amendment so different from any other backroom deal by lawmakers to protect not their constituents but the ones who bankroll their election campaigns?
For starters, we have the chairman of the House Committee on Natural Resources, one Gordon Dove (R-Houma), who voted in favor of the amendment.
(CLICK TO VIEW IMAGE)
Dove, who has been the recipient of at least $10,500 in oil and gas campaign money since 2005, just happens to own a trucking company that was cited last month for dumping radioactive waste in the state of Montana.
Dual Trucking and Transport of Houma has been ordered by the Montana Department of Environmental Quality to cease all operations near the Bakken community of Bainville after it was determined that the company was believed to have illegally dumped radioactive oilfield waste in an Eastern Montana landfill over a two-year period.
The Montana Secretary of State listed Dove and Tony Alford of Houma, president of the Terrebonne Levee and Conservation District Board, as principals in the Montana trucking company. Another Montana company, KJK Trucking, lists Dove’s daughter, Jackie Elizabeth Dove (Sye), as its registered agent.
The Montana DEQ said the waste site is only a couple hundred yards upwind from a housing development and is located in a sandy-soiled region where the water table is sufficient high to produce wetlands.
That sounds vaguely familiar. Oh, wait. It was only five months ago that Plaquemine Parish accused BP and Chevron in a federal lawsuit of dumping toxic waste—some of it radioactive—from their drilling operations into the parish’s coastal waters.
Dual was issued a warning nearly two years ago, in September of 2012, to cease operations until it was licensed by DEQ’s Solid Waste Program and the company did begin the permit process but subsequently refused the state’s requests for additional information, saying it was no longer processing oilfield waste and did not require a permit.
But in April of this year, DEQ again inspected the site and found that Dual was still hauling the oilfield waste without a permit.
The Montana regulatory action arose from growing reports of illegally disposed of waste from the Bakken shale oilfield in nearby North Dakota. Garbage bags full of the oilfield sock filters were also discovered in an abandoned North Dakota gas station and on a flatbed trailer near a landfill in that state. Neither of the North Dakota sites has been tied to Dove’s trucking company.
The citation issued to the chairman of the Louisiana Committee on Natural Resources by the State of Montana apparently has no relevance when it comes to the all-important duty of our elected officials to protect the very ones who are destroying our coastline.
But it does raise another important issue.
Gordon Dove is merely symptomatic of a much larger problem in Louisiana and that is one of trust.
For our part, we find it impossible to place any degree of confidence in those who would go against the best interests of our state in favor of prostituting themselves to political benefactors while at the same time flaunting environmental laws in another state and in effect, flipping off the citizens of both states.
The Louisiana official motto “Union, Justice and Confidence” has become a cruel hoax perpetrated on the citizens of Louisiana and Bobby Jindal and Gordon Dove are right out front as the primary proponents. There is no justice nor is there confidence. There is, of course, ample evidence of the unholy union between the big oil donors and those who took oaths to protect the interests of this state.
Public Service Commissioner Foster Campbell (D-Elm Grove) made two important points during an appearance on the Jim Engster Show on Louisiana Public Radio several months ago:
But apparently that’s just not the case in Louisiana.
The amended version of SB 469 is scheduled for floor debate in the full House tomorrow (May 29). If you wish to email your legislator, you don’t have much time.
Here are the links to both the House and Senate:
http://house.louisiana.gov/H_Reps/H_Reps_ByName.asp
http://senate.legis.louisiana.gov/Senators/Default.asp
(Click on legislator’s name to access email address and House or Senate phone number.)
Next from LouisianaVoice: a complete list of oil and gas company contributions to all members of the House Committee on Natural Resources and the full Senate.