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The passing of Wiley Hilburn: like ripping out a part of us even as it reminds us of our foibles and our own mortality

Posted in Education, Higher Education, Media on January 16, 2014| 19 Comments »

Besides my grandfather, whom I consider the greatest man I ever knew and who greatly influenced my personal life, two other men have had an equally tremendous impact on my professional life.

In 1966, tired of climbing poles for the telephone company because it was far too much like work, I walked into the offices of the Ruston Daily Leader in response to an advertisement in the paper for an ad sales representative. It didn’t take publisher Tom Kelly long to realize I had no aptitude for sales and he soon “promoted” me to sports editor.

It was while serving in that capacity that I returned to the classroom, pursuing a major in physical education at Louisiana Tech University with the goal of becoming a baseball coach. It was also about that same time that Wiley Hilburn, only five years my senior, left his position at the Shreveport Times to return to his hometown of Ruston to head the Journalism Department at Tech. Seeing something in my writing that impressed him (I still don’t know what it was), he convinced me to abandon my aspirations of coaching baseball in favor of a journalism major. I often joked with him over the ensuing years that I might someday find it in my heart to forgive him.

It was those two men, Tom Kelly and Wiley Hilburn, who cajoled and encouraged me and molded and shaped my career as a writer. I owe the two of them a debt that can never be repaid.

Today, Thursday, Jan. 16, 2013, Wiley Hilburn died and on this day, I feel a void and a sadness much like the way I felt the day my grandfather died. Though deeply personal, I shall endeavor to share a little of what I know about him.

He had been battling cancer and we were told it was in remission. The news was all good until he recently developed pneumonia. That, along with his already weakened condition, was just too much for his 75-year-old body to endure and today one of my two mentors and a dear friend was ripped away and I feel cheated and empty inside.

During my return to Tech as a student, I left the Daily Leader and took a job with the larger, more regional Monroe Morning World (now the News-Star) where I primarily worked the editing desk laying out the pages and writing headlines. I was fairly proficient at writing headlines for the stories and in my concurrent headline writing class at Tech, Hilburn—deliberately, he confided in me later—always gave me wire stories that he thought would be difficult to write headlines for. “But you still always finished before anyone else in the class,” he would tell me later. “I would get so frustrated trying to challenge you.”

Hilburn loved jokes and he especially loved—and appreciated—practical jokes, even when he was the butt of the joke.

Once, when after graduation, I ran the Ruston Bureau for both the Morning World and the Shreveport Times, he dropped by my office to ask if I had any Times stationery. He said a group of Tech administrators that included Alex Boyd and Weldon Walker, among others whose names I don’t recall, were hand circulating a get-rich-quick chain letter on the Tech campus and he wanted to pull a prank on them.

Together, we crafted a letter to Tech President F. Jay Taylor, who was in on the plot from the beginning. The letter, ostensibly from Times Editor Raymond McDaniel, “informed” Taylor that the Times had become aware of the chain letter and while the perpetrators were not breaking the letter of the law since they were not using the mail to solicit investments, they were nonetheless violating the spirit of the law and that “our man in Ruston, Tom Aswell, will be investigating the matter.”

Taylor, himself a lover of practical jokes (I’ll get to his momentarily), dutifully called the men into his office. There were three or four of them and as Taylor read the letter aloud in the serious and deliberate tone that the circumstances dictated, each one saw his career flash before his eyes. Boyd, knees weak and visibly shaken, had to sit down and kept muttering that his career was finished. Kaput. Walker, however, was defiant. “Aswell wouldn’t do that to me! He’s a friend of mine!” Finally, Walker, ignorant of Wiley’s involvement and by now grasping at straws, hit upon the only obvious solution: “Get Hilburn in here! He’ll straighten this out! He worked for the Times!”

Playing the string out to the end, Taylor obligingly called Hilburn to his office and upon his arrival, he found the men in a collective state of despair. Unable to keep a straight face in the presence of such morose trepidation,  Wiley gave it all away by cracking up with laughter.

Far from amused, a furious Walker swore revenge and we knew he was serious.

A year or so later, right around Christmas, I had moved on to the Baton Rouge State-Times and in a moment of mischievous inspiration, called Walker. “You still want to get even with Hilburn?” I asked.

“Hell, yes.”

“Well, think about this for a classified ad in the Daily Leader: ‘Don’t throw that old Christmas tree away. We recycle and we will pay you for your old tree. Just drop it by (Hilburn’s address, then in the Cypress Springs subdivision in Ruston) with your name and address on a tag and we will mail you $5.’”

“I love it,” Weldon blurted. “I’m gonna do just that.” I was just as thrilled to be part of a plan to turn the tables on Hilburn because I, too, loved practical jokes—and still do.

That weekend, Betty and I traveled to Simsboro just seven miles west of Ruston to spend the weekend after Christmas with her parents. I immediately grabbed my mother-in-law’s Daily Leader issues and began looking for the ad. Nothing. Not a word. Zilch. Disappointed, I called Weldon and asked, “What happened?”

“I’ll tell you what happened,” he thundered. “You and that s.o.b. Hilburn are what happened! I’ll tell you one damned thing: I better not find one damned Christmas tree in my yard or it’s gonna be somebody’s ass!” I could almost see the veins bulging from his neck.

Thoroughly confused by now, I called Hilburn who, laughing and without prompting from me, informed me that Tom Kelly had intercepted the ad before it got into the paper and, recognizing Wiley’s address, called him in. Hilburn asked who took out the ad and when Kelly showed him, Wiley suggested that Weldon’s address be substituted and a single page proof be printed. Wiley then took the page proof and stuck it in Weldon’s mailbox and when Weldon saw that…well, it was far better than the original plan. Only after he was finished did I inform Wiley that I was in on the plan for Weldon’s revenge, all of which made the entire episode even more hysterical to both of us.

On another occasion, a July 4 weekend, I drove over to Canton, Texas, to attend the world’s largest flea market and returned with several antique typewriters and a fire truck siren—items I had absolutely no use for. Almost, anyway. One fine day, with nothing else to do, I wired the siren into the ignition of Wiley’s old red Volkswagen Beetle and then walked across the campus to the Wyly Tower and took the elevator up to Taylor’s office and told him what I’d done.

Without a word, he picked up the phone and dialed Hilburn’s office. “Wiley,” he said, “I’ve had my car in the shop and they just called to say it’s ready. Could you give me a ride to pick it up?”

“I’ll be right there,” Hilburn replied.

We laughed like high school sophomores as we listened to the wail of the siren as he drove across campus to pick up his boss and by the time he walked into the office, Taylor was in tears.

Wiley Hilburn loved life and he loved and kept up with his students. He could tell you where each of his former students were long after they had left Tech. And make no mistake about it, his students loved and respected him.

But as much as he loved life and those around him, his life was still incomplete: Regrettably, he never got to see his beloved Chicago Cubs win the World Series—or even play in one.

This morning, feeling somehow that the end was near, I sat down and composed the following in his honor. It’s not classic poetry but I believe it accurately—and adequately—conveys my sentiments:

The Coffins That Pass Me By

As I pass from middle age to my golden years,

And contemplate how time can fly,

It’s not the setting sun that brings the tears,

But the coffins that pass me by.

 

Whether ’twas friend or foe matters not a drip,

For one and all, life’s wells run dry;

And it’s not that I fear making that trip,

It’s those coffins that pass me by.

 

Friends and loved ones will pay their respects

As they share stories and laugh and cry;

And each one standing there quietly reflects

On the coffins that pass us by.

 

Whether ’tis loved one or stranger who goes on first,

Our own fate is to one day ride

On that dreaded journey we all have cursed

In that damned coffin that once passed us by.

Go in peace, my friend.

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We thought the LSU football story was a joke; now we learn Koch & smart-ALEC is buying entire university departments

Posted in ALEC, American Legislative Exchange Council, Education, Governor's Office, Higher Education, Privatization on December 26, 2013| 14 Comments »

When we wrote what we thought was a parody about Gov. Bobby Jindal’s decision to privatize the LSU football program, little did we know the American Legislative Exchange Council (ALEC) and the Charles Koch Charitable Foundation beat us to the punch—by a good six years.

Only they were dead serious.

Thanks to an alert reader who forwarded us a link to a Tampa Bay Times story from May of 2011, we learned that Koch, one-half of the infamous Koch brothers who are the primary benefactors of ALEC, had pledged $1.5 million to Florida State University’s economics department way back in 2008 (How did we manage to miss this for so long?).

There was one major caveat, however: In exchange for his generosity, Koch received veto power over hiring decisions for the department.

But even the FSU endowment was not precedent-setting. Between 2007 and 2011, Koch and brother David were said to have given more than $30 million to various groups that negotiated deals with more than 200 universities throughout the U.S.

As Rachel Maddow of MSNBC correctly observed, naming rights to a stadium in exchange for an endowment is one thing, but purchasing faculty rights is something else altogether.

http://www.rawstory.com/rs/2013/12/23/rachel-maddow-charles-koch-buying-sway-over-university-hires-is-objectively-insane/

Maddow, while conceding the deal made perfect sense from Koch’s perspective, was still critical of state officials “crazy enough to let him do it.”

She said that Koch “gets to make sure his conservative billionaire economic ideas get taught and published and propagated under the brand name of something that is supposed to look like a university-level education.

“If you don’t like what the facts say, then write your own facts,” she said. “If you don’t like what independent scholarship looks like, then buy some.”

Normally, university benefactors have little input into who fills a chair that they endow. The unfettered power of university administrators to hire professors of their choosing is considered sacrosanct in academia.

Most universities, the University of Florida among them, have strict policies limiting donor input over the use of their gifts and Yale University once even returned a $20 million endowment when the donor wanted veto power over appointments. Such control was “unheard of,” the university said.

And technically speaking, Koch did not get direct authority over hiring decisions but he did receive authority to select members of an advisory committee that screens candidates which, it turns out, is just as good. A year after the grant was awarded, that advisory committee had rejected 60 percent of job applicants suggested by FSU faculty.

Author Jennifer Washburn called FSU’s capitulation to the siren song of the dollar “an egregious example of a public university being willing to sell itself for next to nothing.”

One of Koch’s favorites, George Mason University, has received more than $30 million over the past two decades. Koch also has underwritten faculty members who push his political beliefs at Clemson and West Virginia universities.

Bruce Benson, chairman of the FSU economics department, denies any suggestion that he agreed to the deal with Koch for economic reasons but did say he makes annual reports to Koch on faculty publications, speeches and classes. He says he has no concerns that agreements with Koch will encourage other donors to seek control over hiring or curriculum.

Yeah, right.

Koch is in political lock step with Florida Gov. Rick Scott who, in one of his first acts as governor, froze all new state business regulations and who has pushed for sweeping tax cuts.

Sound familiar?

The Koch brothers are also political allies of Wisconsin Gov. Scott Walker who likes to tout bogus surveys and reports that make the state appear as the national pacesetter for robust economic health and job growth.

Again, sound familiar?

In fact, one discredited report by Arthur Laffer, who concocted the infamous Laffer Curve nearly 30 years ago, said that Wisconsin’s economic outlook had made a quantum leap in 2013, from 32nd in the nation to 15th. That would be great if only it were true.

But, as they say, there are lies, damned lies and statistics.

It turns out Laffer’s annual report, Rich States, Poor States, is published and distributed by ALEC. Moreover, ALEC solicited funding to underwrite the report from two foundations—the Searle Freedom Trust ($175,000) and the Claude R. Lambe Charitable Foundation ($150,000).

The Koch brothers, by the way, control and run the latter.

The Laffer report, co-written by Wall Street Journal writer Stephen Moore and ALEC director of tax and fiscal policy Jonathan Williams, does not limit its favorable treatment to Wisconsin. Other states with Koch-friendly administrations tend to get the same glowing reports. The Jackson Clarion-Ledger published one of his reports last May with the headline trumpeting that Mississippi’s economic outlook ranked in the top 10 nationally. (Of course, both Mississippi and Louisiana also lead the nation in poverty, obesity, pay disparity between men and women, and the percentage of citizens without health care insurance.)

And Laffer’s report, while serving as a cheerleader for Wisconsin’s economic outlook which he said had jumped 17 spots, was less enthusiastic over data that showed the state’s economic performance moved up only one position, from 42nd to 41st. Obviously, then, there is a huge difference between economic outlook and actual economic performance. Laffer’s recommended formula for the state to improve on economic performance? Lower the state income tax rate for the wealthiest of the state’s citizens while slashing the corporate tax rate in the upcoming 2014 legislative session.

Not to belabor the point, but that should have a familiar ring to Louisiana citizens.

“This is not rocket surgery,” Laffer said. (Yes, he really said that.)

We suppose it’s really not rocket surgery. In fact, it all seems rather easy to comprehend: package your economic philosophy in institutions of higher learning and promote your political and economic agenda in cooperative state legislatures with friendly governors leading the charge.

Once those goals are accomplished, the Koch brothers, through ALEC and their newest organization, the Center for State Fiscal Reform and their corporate membership, can pretty much have their way with us.

And that, of course, would include the elimination of collective bargaining, doing away with the minimum wage, abolishing medical and retirement benefits, discarding worker safety rules, repeal of anything else that stands in the way of their agenda which also includes passage of increased deregulation of business and industry and even more corporate tax cuts.

First, there was Citizens United, and those criteria have already been met, thanks to the 2010 U.S. Supreme Court ruling.

In Laffer’s words, it’s not rocket surgery.

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As 2013 college football bowl season kicks off, Gov. Jindal reveals proposal for another controversial privatizaton plan

Posted in Boards, Governor's Office, Higher Education, Layoffs, LSU, Privatization, RFP, Request for Proposals on December 23, 2013| 23 Comments »

Just in time for the college football bowl season, Forbes magazine has rated the LSU football program as the fourth most valuable in the country, prompting an announcement by the Jindal administration to capitalize on the latest data.

With an estimated value of $105 million, the LSU programs ranks behind only the University of Texas ($139 million), Notre Dame ($117 million) and Alabama ($110 million) and ranks ahead of such traditional football powerhouses as Michigan, Florida, Oklahoma, Georgia, Ohio State, Nebraska, Auburn, Arkansas, Southern Cal, Texas A&M, and Penn State—5th through 15th, respectively.

http://www.forbes.com/sites/chrissmith/2013/12/18/college-footballs-most-valuable-teams-2013-texas-longhorns-cant-be-stopped/

Upon learning of the ranking, Gov. Bobby Jindal, always the political opportunist, immediately pressured the LSU Board of Stuporvisors to approve a request for proposals (RFP) aimed at the privatization of the LSU football program in time for the start of the 2014 season.

The board approved the plan without discussion or objection.

“We actually have been considering this opportunity for some time,” Jindal said. “The latest story by Forbes simply provides us with the opportunity to negotiate the most favorable contract for the people of Louisiana.”

Jindal said the timing is such that it will be impossible to issue the RFP before the Feb. 5 LSU Bayou Bash recruiting party but he said he felt logistical problems of dealing with new signees could be overcome with assistance from legal counsel Jimmy Faircloth.

“The fact of the matter is, long story short, at the end of the day, there are two things: the LSU football team is overloaded with unproductive players. Applying my well-known ‘do more with less’ mantra, the new team owners will drastically cut the excess fat from the program. All players who do not make the first team on either offense or defense will be dismissed from the team. The kickers and punters will come from the remaining 22 starters.”

He said that move alone would save the program millions of dollars in housing and meal costs as well as costs for extra uniforms, equipment, game tickets and tutors. Other cost saving measures to be initiated by the privatization move include the termination of medical treatment for injured players and suspension of any athletic department financial contributions to academics. “We have already seen that academics can do more with less; now they will have the opportunity to do even more,” he said.

Jindal said in his prepared statement that the 22 players will each be paid on a sliding scale beginning at $100,000 per year. “That should allow LSU to attract the very best starting players in the nation and prevent the raiding of the top two or three high school players that Louisiana produces each year by other colleges—especially by Nick Saban and Alabama,” he said.

“This move will represent a new gold standard of athletic competition,” he said.

He said that a player who is injured and unable to continue in a game will be replaced from a pool of about a dozen standby contract players who will be employed in administrative positions within the Department of Education. In some cases, players will be asked to play on both offense and defense as an example of his “do more with less” crusade.

“The fact that the new owners will schedule only home games also should help us move forward with all due speed,” he said.

Jindal said his latest plan represents a “bold new move” for LSU football. “This should allow us to win the BCS championship virtually every year,” he said. “That fact alone should dispel all arguments that privatization doesn’t work.”

Confidential sources confirmed that one unidentified administration official who raised questions about possible NCAA sanctions for paying players was summarily teagued, a claim that was immediately denied. “That person left on his own accord,” an administration spokesman said. “We had nothing to do with his decision to leave.”

“There is a reason the NCAA would take issue with our proposal,” Jindal said. “I don’t believe it’s a coincidence that the head of the NCAA is a former president of LSU and that he is envious of LSU’s success since his departure. If you recall, when Dr. Mark Emmert was at LSU he was the one who hired Nick Saban and because of that, he has a vested interest in the continued success of Coach Saban. So it’s understandable that he would be opposed to this move.”

Jindal then proceeded to verbally attack Emmert and the NCAA over the anticipated encroachment. “Dr. Emmert and the NCAA want to deny a voice to the very people who will be harmed by such ridiculous sanctions,” he said. “They are trying to muzzle fans who simply want to express their support for what will be the most successful football program in the history of intercollegiate athletics. The only thing our fans want is for the finest athletes in the nation to have the opportunity to escape failing programs.

“Dr. Emmert is attempting to tell our fans to sit down and shut up. That’s never going to happen. Despite whatever evolving legal argument the NCAA comes up with, the voices of hundreds of thousands of fans will be heard,” he said.

“I have already indicated that the NCAA’s effort to deny these kids the right to equal opportunity in football is both cynical and immoral,” Jindal continued. “They (the NCAA and Emmert) can’t have it both ways. Our fans know the real result of any NCAA action, should it be successful, would be to keep great football players in failing programs like those at Alabama, Auburn, Georgia and Florida.”

Key losses to Alabama “have pushed a significant number of players to go out of state,” Jindal said. “Threatened sanctions are another intrusion by the NCAA on players’ personal decisions. Players who wish to play for a premier program should not have to seek approval of Dr. Emmert or the NCAA. It is our moral obligation to ensure that every top player who we recruit has access to the best program available.

“America is a nation of opportunity and a quality football program opens the door to opportunity, no matter the social background of the player.

“We in Louisiana are rejecting the status quo because we believe every player should have the opportunity to succeed.”

He said the Tiger Athletic Foundation (TAF) has been contracted to help draft the RFP for the administration.

Insiders have intimated that TAF is likely to be the sole bidder on the project, although Spectacor Management Group (SMG), which operates the Mercedes Benz Superdome, the New Orleans Arena, Zephyr Field in Metairie and the Baton Rouge River Center, has not been ruled out.

Economic Development Secretary Stephen Moret said whoever wins the contract will receive generous tax incentives and exemptions “for bringing new jobs to Louisiana.”

Jindal said the privatization should save the state “approximately $500 million a year, give or take a few hundred million.”

(We wanted to hold off on this story until April 1, but we just couldn’t wait.)

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Déjà vu all over again: House Clerk Butch Speer denies public access to Tulane legislative scholarship records

Posted in ALEC, American Legislative Exchange Council, Courts, Higher Education, House, Senate, Legislature, Legislators, Politicians, Public Records, Transparency on October 22, 2013| 4 Comments »

So what, precisely, is Alfred “Butch” Speer trying to hide?

And why?

Whatever he is hiding and the reasons behind his actions constitute déjà vu all over again.

Speer, clerk of the Louisiana House of Representatives, has refused to disclose the one-page application forms which all recipients of legislative scholarships to Tulane University must complete.

The New Orleans Advocate, WWL-TV and New Orleans Metropolitan Crime Commission President Rafael Goyeneche requested copies of hundreds of the documents to see if the legislators were awarding the scholarships to relatives of fellow politicians.

A 130-year-old program allows each of Louisiana’s legislators to give one student per year a one-year scholarship—worth $43,000 annually—to Tulane. The mayor of New Orleans is allowed to give out five four-year scholarships per year.

It’s a trade-off dating back to Act 43 of 1884 that benefits Tulane financially. The school has to eat more than $6 million per year in free tuition but receives sales and property tax exemptions worth more than $23 million a year, according to one source. http://www.tulanelink.com/tulanelink/scholarships_00a.htm

http://www.tulanelink.com/tulanelink/scandalfinale_05a.htm

Ostensibly, the scholarships are supposed to go to deserving students in the respective legislator’s district—not to legislators’ family members—but that system fell into widespread abuse and news coverage in the 1990s created a public outcry that prompted some reforms to the much-coveted legislative perk. To no one’s surprise the House in 1996 killed a bill designed to abolish both the scholarship program and the Tulane tax breaks.

Victoria Reggie, widow of U.S. Sen. Ted Kennedy and the daughter of Crowley judge Edmund Reggie, along with her five siblings were awarded 27 years’ worth of scholarships by the late Rep. John N. John and in 1993 then-New Orleans Mayor Sidney Barthelemy gave a four-year scholarship to his son. Former New Orleans Mayor Ernest Morial likewise gave his son and daughter and the daughter of a top aide and the children of two judges scholarships and former Mayor Moon Landrieu gave a scholarship to his nephew Gary Landrieu.

The New Orleans Times-Picayune went to court—and won—in its attempts to obtain Tulane records that showed other recipients of the scholarships included the children of Sens. John Breaux and J. Bennett Johnston and U.S. Reps. Bob Livingston, Jimmy Hayes and Richard Baker.

But in 1983, Capitol News Service, operated by LouisianaVoice, broke a story that State Sen. Dan Richie of Ferriday had awarded his scholarship to a relative of State Rep. Bruce Lynn of Shreveport and that Lynn had given his scholarship to Richie’s brother.

The single-page document being sought by WWL, the New Orleans Advocate and attorney Goyeneche contains two statements: “I am related to an elected official,” and “I am not related to an elected official.” Each recipient is required to check the box next to the appropriate statement and if the student checks that he or she is related to an elected official, the student must list the official’s name and explain the relationship.

Simple enough.

Except that Speer is trying to keep nosy reporters from taking a peek at those records.

To illustrate to what length he is willing to go to protect those records, he first responded to the requests by claiming that the forms belonged to Tulane and were not in his possession.

But then Tulane officials promptly provided the forms to the legislative bodies, leaving Speer in a quandary. No problem, Deftly sidestepping state public records laws Speer, claiming to be speaking for Senate Secretary Glenn Koepp, said he had determined the records are not public and thus, he is not required to provide them.

He even promoted himself to a judgeship on the 4th Circuit Court of Appeal which ruled in the 1990s legal battle that “All records related to the contract and the giving of scholarships fall within the broad definition of public records” when he said the application forms do not come under that definition because he was told the forms are only shown to legislators who request to see them.

“Therefore, only those forms Tulane University provided to a legislator for use in awarding a scholarship are public records,” Speer said in his letter.

Wow. What a legal mind.

So, is public servant Speer protecting the public’s right to know?

You can check that box “No.”

Public servant Butch Speer is in the business of protecting legislators from public embarrassment and by all measures, he does his job quite well.

Take our own experience with Speer in July of 2012. https://louisianavoice.com/2013/09/11/deliberative-process-defense-used-to-protect-alec-records-in-texas-reminiscent-of-2012-louisianavoice-experience/

Rep. Joe Harrison (R-Gray) is the state chairman for the American Legislative Exchange Council (ALEC) and in July of 2012 he sent out a letter on state letterhead soliciting contributions of $1,000 each to help defray the expenses of “over thirty” state legislators to attend a national conference of the American Legislative Exchange Council (ALEC) in Salt Lake City on July 25-28.

Harrison (R-Gray) mailed out a form letter on July 2 that opened by saying, “As State Chair and National Board Member of the American Legislative Exchange Council, I would like to solicit your financial support to our ALEC Louisiana Scholarship Fund.”

The letter was printed on state letterhead, which would make the document a public record so LouisianaVoice immediately made a public records request of Harrison to provide:

  • A complete list of the recipients of his letter;
  • A list of the “over thirty” Louisiana legislators who are members of ALEC.

ALEC membership, of course, is a closely-guarded secret but once the letter was printed on state letterhead—presumably composed on a state computer in Harrison’s state-funded office, printed on a state-purchased printer and mailed using state-purchased postage—the request for a list of members was included in the request for recipients of the letter.

Harrison never responded to the request despite state law that requires responses to all such requests.

LouisianaVoice then contacted Alfred “Butch” Speer to enlist his assistance in obtaining the records and last Thursday, July 12, Speer responded: “I have looked further into your records request.” (Notice he omitted the word “public” as in “public records.”) “Rep. Harrison composed the letter of which you possess a copy. Rep. Harrison sent that one letter to a single recipient,” Speer said. “If that letter was distributed to a larger audience, such distribution did not create a public record.

“R.S. 44:1 defines a public record as: ‘…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…’

“My opinion is that the solicitation of donations for ALEC does not create a public record. The courts have been clear in providing that the purpose of the record is determinative of its public nature, not the record’s origin.”

It seems a stretch to contend that the letter went out to only recipient soliciting a single $1,000 contribution to cover the expenses of “over thirty” legislators to attend the conference.

Still, Speer persisted, saying, “…it is my responsibility to consult with Representatives and make the determinations as to what records are or are not public in nature.”

No, it is apparently Speer’s responsibility to cover the backsides of wayward legislators.

“…The contents of (Harrison’s) letter speak for itself….The origin of a document is not the determining factor as to its nature as a public record. The purpose of the record is the only determining factor. Whether the letter was or was not ‘composed on state letterhead, on a state computer, printed on a state-owned printer and mailed in state-issued envelope(s) does not, per force, create a public record. If the letter were concerning ‘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,’ then such a letter is a public nature,” he said.

Speer then offered a most incredulous interpretation of the public records statute when he said, “The fact that an official may be traveling does not place the travel or its mode of payment or the source of the resources used to travel ipso facto within the public records law. The purpose of the travel is the determining factor.”

You can tell Speer is a lawyer. They love to use ipso facto whenever they can. It appears to be their way of slipping in the Latin phrase which apparently means, “I’m way smarter than you.”

“What Rep. Harrison was attempting is of no moment unless he was attempting some business of the House or pursuing some course mandated by law,” he said. “Anyone’s attempt to raise money for a private entity is not the business of the House nor is it an activity mandated by law.

“Your personal interpretation of the law is not determinative of the actual scope of the law,” he told LouisianaVoice.

Speer apparently was overlooking the fact that the House and Senate combined to pay 34 current and former members of the two chambers more than $70,000 in travel, lodging and registration fees for attending ALEC functions in New Orleans, San Diego, Washington, D.C., Phoenix, Atlanta, Chicago, Dallas, and Austin between 2008 and 2011.

Of that amount, almost $30,000 was paid in per diem of $142, $145, $152 or $159 per day, depending on the year, for attending the conferences. The per diem rates corresponded to the rates paid legislators for attending legislative sessions and committee meetings.

That would seem to make the ALEC meeting House business and thus, public record.

ALEC advertises in pre-conference brochures sent to its members that it picks up the tab for legislators attending its conferences. That would also raise the question of why legislators were paid by the House and Senate for travel, lodging and registration costs if ALEC also pays these costs via its ALEC Louisiana Scholarship Fund.

We have to wonder if Speer hangs out with Superintendent of Education John White to share strategy for shielding public records from the public.

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State Treasurer John Kennedy adds his voice to concerns over questonable LSU hospital privatization saving claims

Posted in Contract, Contracts, Guest Columnist, Health Care, Higher Education, LSU, Privatization on October 18, 2013| 7 Comments »

The following is a press release by State Treasurer John Kenney. LouisianaVoice presents it here as a guest column that we feel underscores the concerns expressed in our Sept. 29 post entitled False prophets, false profits—and false reasons to privatize LSU Hospital System (or trolling for more Medicaid dollars)

The reason advanced by the Jindal Administration for privatizing Louisiana’s charity hospitals is that a private hospital like Lafayette General or Ochsner, for example, can manage a hospital more efficiently, and therefore cheaper, than the state.

That’s why I was taken aback when the chairman of the private entity taking over the Shreveport state hospital testified before the Joint Legislative Committee on the Budget that the private contractor’s costs to run the Shreveport facility will be the same as the state’s. Where, then, will the Jindal Administration’s promised annual savings of $150 million come from if not from achieving operational efficiencies?

Dig deeper into the details and it becomes apparent that the planned “savings” won’t result from lower costs but from getting more money from the federal government through an accounting change. This won’t make the charity hospitals or Louisiana’s Medicaid program, which pays for the hospitals, more efficient. It will just make them more expensive, fueled by additional federal (American taxpayer) money.

Here’s how the new financial strategy will work: Medicaid, which is government health insurance for the poor, is a federal-state program. The states run it but the feds put up most of the money. In Louisiana, for every $1 in state taxpayer money we contribute, the feds contribute $2. The more money we put up, the more money the federal government contributes.

Under the Charity Hospital privatization, the state will “lease” the charity hospitals to private hospitals, which then will be responsible for treating our low-income and uninsured citizens. The state will pay the private hospitals to do this with large amounts of federal money from our Medicaid program. The private hospitals will then return some of those federal dollars to the state as “lease payments.” The federal dollars paid to the state as “lease payments” now become new state dollars, which the state can use to draw down even more federal money.

This accounting maneuver is undeniably clever. The question is whether it is legal. It must be approved by the federal Centers for Medicare and Medicaid Services (CMS).

Louisiana’s track record with CMS is not good. CMS has previously rejected similar financing strategies designed to leverage federal money. In the early 1990s, for example, Louisiana and other states adopted financing strategies such as “provider taxes,” “provider donations,” and “intergovernmental transfers,” designed to launder federal Medicaid funds into state funds in order to draw down more federal funds. CMS and Congress spurned them all. (The Medicaid Disproportionate Share Hospital Payment Program: Background and Issues, The Urban Institute, No. A-14, October 1997). http://www.urban.org/publications/307025.html

In fact, Louisiana was more aggressive than most states in trying to leverage federal dollars. Our health care budget grew from $1.6 billion in 1988 to $4.48 billion in 1993, of which 90% was federal funds. The amount of money actually contributed by the state during this period declined from $595 million to $462 million. (Washington Post, Jan. 31, 1994, page A9).

When CMS and Congress stepped in to stop what then-Congressman Bob Livingston called Louisiana’s “abuse” of Medicaid financing, and, in Livingston’s words, the “unjustified and unwarranted benefits” came to an end (The Advocate, Feb. 6, 1997, page 1A). Newly-elected Gov. Mike Foster was faced with a $1 billion deficit in the health care budget. To clean up the mess, Foster appointed Bobby Jindal as DHH Secretary, who sought special relief from Congress. As The Advocate newspaper editorialized, “Louisiana pleaded guilty as charged, threw itself on the mercy of the court and got off easy,” because “the state for years ran a scam using ‘loopholes and accounting gimmicks’ to justify fantastic increases in federal payments.” (The Advocate, April 29, 1996).

Perhaps this time is different. Perhaps CMS will view the new “lease payments” being used to obtain additional federal money more favorably han the strategies CMS has rejected in the past.

One thing’s for certain, though. We need to find out. The state should seek CMS review of its new strategy immediately—not “soon” as DHH has promised—but now. Until then, our entire state health care delivery system for more than two million of our people is at financial risk.

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