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Archive for the ‘House, Senate’ Category

Like the muddy waters of the Mississippi River that flow right past the Claiborne Building, operations in the Louisiana Department of Education (DOE) just seem to get murkier and murkier and its bureaucracy more and more difficult to navigate.

There is Teach for America (TFA), the cluster of TFA alumni awarded administrative positions in the department and the financial manipulations that go with that program; the controversy over charters and course choice; the ongoing courtroom battles over the funding of vouchers, the questionable appointments of out-of-state commuters, the agreement to feed student personal information into a data bank controlled by Rupert Murdoch, and the ever-daunting challenge of obtaining public records from the department, to name only a few.

Easily the most secretive of any state agency, DOE is supported by a governor who, ironically enough, likes to boast of his administration’s openness and transparency. DOE and Superintendent of Education John White operate with virtual autonomy—mostly because there is no system of checks and balances to ensure that the agency is answerable.

Requests for public records are ignored, The Board of Elementary and Secondary Education (BESE), with the exception of two members, rubber-stamps anything Jindal and White suggest, be it ripping funding away from local school boards to pay for vouchers to approving applications for course choice (online) programs to burdening the department with costly six-figure positions filled by itinerates with little to no classroom experience.

White recently received his annual performance evaluation from BESE and predictably received high marks from nine of the board’s 11 members. The truth of the matter, however, is that White is woefully ill-qualified to lead even a local school system, much less a statewide system of 700,000 public school students.

Unfortunately, his six-weekend course (spread out over 10 months) at the Eli Broad Superintendents Academy does not qualify him to lead a Cub Scout troop. Yet, Gov. Bobby Jindal considered him more qualified than any other candidate to preside over the demolition of public education in Louisiana.

The Eli Broad Academy, by the way, has come under criticism for turning out superintendents who use corporate-management techniques to consolidate power, weaken teachers’ job protections, cut parents out of the decision-making process and introduce unproven reform measures.

The latest audit of the Recovery School District is evidence enough of White’s inability to run a statewide system.

The audit, released on March 27, revealed that for the sixth consecutive year, RSD continued to experience problems keeping track of millions of dollars in movable property.

Why does that reflect on White when Patrick Dobard is the RSD superintendent?

Well, for openers, the latest audit is for the fiscal year ended June 30, 2012 and White did not become state superintendent until January of 2012.

Prior to that, he was superintendent of the Recovery School District.

The audit says, “For the sixth consecutive year, RSD did not ensure that movable property was safeguarded against loss, including loss arising from unauthorized use and misappropriation. Our review of RSD’s movable property activity disclosed the following:”

• RSD’s annual certification of property inventory, which the Louisiana Property Assistance Agency did not approve, disclosed $26,664,976 in total movable property, which included 1,633 items with a total acquisition cost of $2,738,016 that have been identified as unlocated during the past four-year period. Of the 1,633 unlocated items, 1,380 items were computers or computer-related equipment. The 2012 annual certification also identified 908 items with a total acquisition cost of $1,482,060 (54 percent) as unlocated for the current period.

• RSD reported 10 incidents at six separate schools involving 97 movable property items with an acquisition cost of $73,667 as missing/stolen to the legislative auditor and the local district attorney. Of the 97 movable property items, 70 were computers. Management has represented that seven items with an acquisition cost of $6,118 have been recovered.

• The 10 reported incidents involved computers being stolen from four RSD direct-run schools and one charter school. There was no sign of forced entry in three instances that resulted in a loss of 48 items with an acquisition cost of $20,064. In one instance, 26 Dell laptop computers and 20 Apple I-Pod Nano media devices with an acquisition cost of $17,031 were stolen from an RSD direct-run school’s storage room.

• RSD’s movable property function is hampered by the decentralization of movable property at the various custodians (schools) and a lack of accountability and training of the custodians for RSD property. Failure to safeguard movable property increases the risk that assets may be misreported, lost or stolen. In addition, the year-to-year cost of replacing lost or stolen movable items could reduce the availability of funds (federal or state) for other educational objectives.

• During FY 2012, RSD did not ensure that employee separation dates were accurate or timely. Not recording separation dates accurately and timely could result in overpayments for terminated employees. This is the sixth consecutive year that we have cited RSD for inadequate controls over its payroll process.

White apparently is far more focused on insulating himself with fellow Teach for America (TFA) and Eli Broad Academy alumni by appointing them to top administrative positions.

Take Chief of Staff Kunjan Narechania and Deputy Superintendent Michael Rounds, for instance.

Rounds, like White, is a 2010 alumnus of Eli Broad and was brought in by White as Deputy Superintendent at $170,000 per year.

Rounds resigned his position as Chief Operating Officer for Kansas City Public Schools a year ago following an investigation into bid irregularities involving a $32 million renovation project for Kansas City schools and a month later the contract was cancelled by Kansas City Public Schools Superintendent Stephen Green (can you say Bruce Greenstein and CNSI?).

And then there is Narechania, a TFA alumnus who, while officially serving as White’s chief of staff, in reality performed functions normally handled only by a deputy or assistant superintendent.

Narechania oversaw all expenditures in the department; no one purchased anything—not a computer, not even a ball point pen without first obtaining authority from Narechania. All assistant superintendents and directors were required to report to her. No one was hired by the department without her stamp of approval—even when no one was quite sure what the new hire would actually be doing. That was evidenced only days before David Lefkowith was hired last June when she emailed White that there needed to be a decision about what to do about Lefkowith. As late as September and December of 2012, she was still signing off on contract amendments, a duty that did not fall within the job description of a chief of staff.

On Sept. 21, she signed off on an amendment to the department’s 15-year, $65.6 million contract with Data Recognition Corp. for administration of the statewide iLEAP testing program. The amendment added three additional years (to June 30, 2015) and $20.96 million to the existing contract.

Beneath her signature was the crossed through printed title “Assistant Superintendent.”

The other contract amendment had the proper title of Chief of Staff beneath her signature that approved a $3.5 million amendment to a $17.5 million contract with Pacific Metrics Corp. for the replenishing of materials for science, social studies and math.

So why didn’t White simply have Narechania confirmed as deputy or assistant superintendent?

One source within the department said it was because when White appeared before the Senate and Governmental Affairs Committee for approval of the appointments of several other administrators last June, he knew he could not obtain Narechania’s confirmation because she was already acting as his number two, sighing all personnel paperwork, contracts, etc., on his behalf.

It would have been awkward to explain that to the committee.

That could be the reason he asked BESE to petition the legislature to approve a reorganization of DOE and has proceeded with that reorganization—without either BESE or legislative approval.

The problem, however, is that he has been operating outside the law for more than a year now by allowing her to sign off on personnel matters and on DOE contracts.

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“(He is) not worthy of serving the people of this state.”

—Sen. Karen Carter Peterson, D-Baton Rouge, in voting not to confirm Bruce Greenstein as Secretary of the Department of Health and Hospitals on June 22, 2011.

“He will do a great job.”

—Sen. Jack Donahue, R-Mandeville, in voting to confirm Greenstein.

“I don’t believe the secretary participated in actions that influenced the outcome (of the awarding of a $185 million contract to Greenstein’s former employer, CNSI).”

—Former Sen. Lydia Jackson, D-Shreveport, in voting in favor of confirming Greenstein.

“Mr. Greenstein was very involved in the process (of selecting CNSI).”

—Former Sen. Rob Marionneaux, D-Livonia, in voting not to confirm.

“This is not a ceremonial committee. We will be watching very closely. If things go awry, we will be the first to speak up.”

—Sen. Dan Claitor, R-Baton Rouge, in voting to confirm Greenstein.

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If one thinks we’re feeling a little smug right now or that we take any measure of self-satisfaction over the federal investigation at the Department of Health and Hospitals (DHH), or the no-show status of DHH Secretary Bruce Greenstein before the House Appropriations Committee only days after the federal probe became public knowledge, or of Greenstein’s subsequent announcement that he will resign, effective May 1, then one would be wrong.

We take no pleasure in our native state’s once again having the harsh spotlight of official corruption shone upon it for the entire nation to see. We fail to share the self-righteous satisfaction of those who would smile condescendingly and nod and agree that despite the mantle of morality and ethics with which our governor has cloaked himself, nothing has really changed in Louisiana.

As soon as word of the U.S. Attorney’s investigation became public, we knew someone would be thrown under the bus by Jindal. That’s the way he operates. Jindal’s Commissioner of Administration Kristy Nichols sniffed indignantly that wrongdoing would not be tolerated by this administration as she quickly cancelled the $185 million contract with CNSI, Greenstein’s former employer.

In making that statement, did Nichols intend to admit that the administration may well be aware of legal wrongdoing? If so, why did it take so long? The federal subpoena for all records pertaining to the CNSI contract was served on the administration way back on Jan. 7 but the contract was not cancelled until March 21 and then only after the Baton Rouge Advocate broke the story of the investigation through public records requests for the subpoena.

That’s two and one-half months that the governor knew of the investigation and chose to do nothing until he was outed by the media. So much for the sanctimonious non-toleration of wrongdoing.

And now the governor’s office tries rather unconvincingly to tell us Greenstein was not asked to resign. Sorry, but we’re not buying it. Someone had to fall on his/her sword and the first domino to topple was Greenstein. There may well be others before this little matter is concluded.

Surely Jindal must realize that cancelling a suspect contract and forcing out the man who first made it possible for his old employer to even qualify to bid on it and then remained in constant contact with CNSI management during the selection process isn’t going to convince the FBI and the U.S. Attorney’s office to fold up their tents and go home.

The Louisiana Attorney General, whose office is conducting its own investigation, maybe, but not the feds. They just don’t quit that easily.

There are, of course, several questions that will have to be addressed by the U.S. Attorney and, depending on whether or not they are satisfied with what they find, indictments may or may not be forthcoming. If there are no indictments, the matter will die a quiet death. If there are criminal indictments, however, the cheese will get binding.

Probably the most important question will be whether or not Greenstein profited monetarily from his participation in the process of first clearing the way for CNSI to submit a bid and then his potential influence in the actual selection of his old company.

On that question, we offer no opinion because matters now are in the legal system and no longer subject to public records requests. We, like everyone else, can only wait and see as the case is slowly unraveled by investigators.

A second question—only if it is determined that Greenstein did indeed profit in some way from the selection of CNSI—would be what did then-Commissioner of Administration Paul Rainwater and Gov. Jindal know and when did they know it? Again, this is not to imply that either man was complicit in any effort to steer the contract to CNSI; it’s simply one of several questions that should be explored.

If felonious wrongdoing is found and if it is expanded to include the governor’s office, then the investigation should—and most probably would—widen to include scrutiny of other state contracts issued since January of 2008.

But there is one question that will not be asked by federal investigators or the attorney general’s office but which should be asked by every voter in Louisiana.

Why was Greenstein confirmed in the first place, given his recalcitrant attitude in refusing a directive to tell a Senate committee the name of the winner of a $185 million state contract?

On June 22, 2011, the Senate and Governmental Affairs Committee voted 5-2 to confirm the appointment of Greenstein as DHH secretary despite the confrontation between Greenstein and committee members over committee demands for Greenstein to name the winner of the $185 million contract to replace the state’s 23-year-old computer system that adjudicated health care claims and case providers. https://louisianavoice.com/2013/03/21/fbi-investigation-prompts-jindal-to-cancel-controversial-cnsi-contract-but-now-who-will-be-thrown-under-the-bus/

Only Sens. Karen Carter Peterson, D-New Orleans, and Rob Marionneaux, D-Livonia, were sufficiently offended and/or concerned about Greenstein’s staunch refusal to divulge to the committee that CNSI had won the contract during his confirmation hearing.

Five other senators, Ed Murray, D-New Orleans; Mike Walsworth, R-West Monroe; Lydia Jackson, D-Shreveport; Dan Claitor, R-Baton Rouge; and Greenstein apologist Jack Donahue, R-Mandeville, all voted to confirm Greenstein. Some, like Donahue, heaped lavish praise on Greenstein.

Sen. Robert “Bob” Kostelka chairs the committee and does not vote unless there is a tie. He offered no comments during the proceedings other than to recognize fellow senators who wished to speak and to preside over the vote.

Jackson, who no longer serves in the Senate, having been defeated for re-election in 2011 by former Sen. Gregory Tarver in 2011, said she supported Greenstein even though “this incident (the standoff between Greenstein and the committee over identifying CNSI) calls into question the issue of transparency. I don’t believe the secretary participated in actions that influenced the outcome (of the awarding of the contract).”

Murray, who voted in favor of confirmation, had peppered Greenstein with questions during his initial appearance before the committee. “The secretary was not completely accurate in his responses,” he said. “But I received numerous calls from all over the country attesting to his ability and professionalism. I hope he can live up to those recommendations.”

Donahue, in supporting Greenstein, simply said, “He will do a great job.”

Peterson, who also serves as Chairperson of the Louisiana Democratic Party, said the number one priority for any appointee should be integrity. She said Greenstein was “not worthy of serving the people of this state.”

Marionneaux, who was term limited and could not run for re-election in 2011, said the confirmation procedure of the committee had been “anything but pristine. Mr. Greenstein was very involved in the process (of selecting CNSI).”

Claitor, who supported Greenstein, said, “This is not a ceremonial committee. We will be watching very closely. If things go awry, we will be the first to speak up.”

Well, Sen. Claitor, things have certainly gone awry. But so far, not a single member of the committee has uttered a peep.

Why is that?

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Sen. Bob Kostelka, R-Monroe, wants people to know he’s serious.

He has already pre-filed SB 41, which calls for a constitutional amendment to be placed on the ballot which, if approved, would make the state superintendent of education and elective position as opposed to the current appointive one.

Kostelka also wants it understood that he wants current Superintendent John White to go.

He says he has seen enough of bloated contracts granted to politically-connected firms. He has seen his fill of contracts like the one that teaches kids how to play at recess. He has heard quite enough about contracts awarded to PR hacks to work out of their homes in other states for outlandish figures like $12,000 per month.

Most of all though he has grown weary of trying to obtain information and records from the secretive Louisiana Department of Education—and repeatedly encountering a brick wall of resistance.

And he is more than a little concerned about the approval of vouchers for schools which have no classrooms, no teachers and no desks—like New Living Word in Ruston.

And while he didn’t say so, he seemed to take some bit of pleasure in knowing that his bill has come under fire from Gov. Bobby Jindal’s chief apologist, Jeff Sadow.

Kostelka claim that the bill would make the superintendent answerable to the people instead of a rubber-stamp Board of Elementary and Secondary Education (BESE) was described by Sadow as a “curious mix of ignorance and illogic.”

Sadow chose to fall back on the argument that most of the BESE members are already elected and “answerable to the people,” apparently choosing to ignore the fact that most of the elected members’ seats were bought by out of state contributions from such people as Michael Bloomberg, Bill Gates, the Walton family and K-12.

Sadow also says Kostelka seems to have forgotten the “policy-making mess” that existed under the elected superintendent structure that existed prior to 1988. In saying that, Sadow appears to be overlooking the ever-evolving “policy-making mess” that is indicative of today’s DOE under a superintendent who doesn’t seem to have a clue where he intends to go or what he intends to do when he gets there.

“People like Mr. Sadow say I want to return to old-time politics,” Kostelka said. “To that, I would have them look at the political contributions to the BESE members and then explain to me what has changed under the present system.”

“They say my bill would cost the state the expense of another election, but it wouldn’t. I’m calling for the election to be held in the fall of 2014 at the same time as the Congressional elections, so there would be no additional costs. If approved, the elected superintendent would take effect with the 2015 gubernatorial election and White could leave with Jindal,” he said.

Kostelka is well aware that he has run afoul of the petulant Jindal and is certain to incur the governor’s wrath. His punishment could range from a loss of committee assignments to vetoes of key projects in Kostelka’s senate district. All one has to do is harken back to last year’s session when Jindal vetoed a major construction project in Livingston Parish after Rep. Rogers Pope and Sen. Dale Erdy had the temerity to buck Jindal on legislative matters important to the governor.

If that isn’t old-time politics, we don’t know what is.

But Jindal has proved beyond any doubt that he is not above such tactics.

But, at long last, those tactics appear to be coming back to bit him in the backside.

He has demoted legislators, fired a BESE member, an LSU president, doctors, various department and agency heads, appointed legislator buddies (Noble Ellington, Troy Hebert, et al) to six-figure deadhead jobs and in at least one case—that of Hebert—that appointment appears to be a major embarrassment to the administration.

But even after all of that, nothing compares to the damage done to his political stock as the recent dust-up with the Board of Regents.

Send in the clowns

As is his M.O., Jindal attempted to distance himself from the action—perhaps as a means of attempting to maintain deniability, a ploy that has consistently served him badly—by dispatching an emissary to do his dirty work. In this case, it was Taylor Teepell, brother of Timmy Teepell who seems to be running his OnMessage political consulting operation from the governor’s fourth-floor offices in the State Capitol.

What was Taylor’s mission? Nothing less than to demand the firing of Commissioner of Higher Education Dr. James Purcell. Purcell, you see, committed the unpardonable sin of criticizing Jindal’s repeated cuts to higher education. There is no run for dissention on Team Jindal.

But Taylor Teepell got a major surprise. Regents Chairman W. Clinton “Bubba” Rasberry, Jr. sent Teepell back to Jindal with a message: “Dr. Purcell works for the Regents.”

Whoa. Herr Jindal is not accustomed to such spunk from his subordinates. The governor does, after all, appoint the Regents members and he expects all appointees to toe the line, not draw a line in the sand.

Of course, Jindal could fire the entire board and replace the recalcitrant members with more compliant sycophants. But his brazen attempt to oust Purcell for the sin of independent thinking probably did more harm to Jindal than anything else he has done in his five-plus years in office. This attempt, coming as it did on the heels of three major court reversals of his education and retirement reforms and the word last week of a federal investigation into a contract with the Department of Health and Human Resources, has left him politically crippled.

And his blatant, quixotic pursuit of the presidency would be laughable were it not such a pathetic sight to behold. It somehow makes him look even smaller, more the little boy, in his ill-fitting suits.

Seeing his presidential aspirations slip away raises yet another spectacle that he would probably rather no one would know about. When he encountered occasional crises during his tenure as head of the University of Louisiana System, rather than facing the problems head-on, his solution of choice was to retreat to his office where he is said to have played video games virtually non-stop.

One must be wondering what video games he prefers these days. League of Legends, perhaps?

As one observer recently said, the Jindal waters appear to be circling the drain.

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“Many Legislators would rather get re-elected than make the right decision. They say they’re not going to raise taxes but they’re going to allow us to raise tuition.”

“Federal revenue for higher education is double what the states are doing now. I don’t have faith in legislators but I do have faith in them wanting federal money.”

“The power of Washington to hold states accountable may be the most important answer that we have. The more federal dollars are attached to state behavior, the less likely state legislatures are going to remove themselves from funding responsibility.”

—F. King Alexander, President of University of California Long Beach and more recently LSU President-designate, speaking on “Strategies for Fiscal Housekeeping” at the 14th Annual Travers Conference on Ethics and Accountability in Government Financing California, Feb. 11, 2011.

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