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Archive for the ‘Legislature, Legislators’ Category

A handful of distinguished retired journalists (and me) meets once a month at a Baton Rouge Piccadilly Cafeteria (I told you we were retired) to solve the ills of the state, nation, and the world. Occasionally, we even delve into local Baton Rouge politics.

One of those, Ed Pratt, with whom I had the pleasure of working at the old Baton Rouge State-Times back in the ‘70s, is an occasional attendant but because he is still gainfully employed (unlike the rest of the over-the-hill-gang), he doesn’t join us each month.

But several months ago, at a lunch he did show up. The subject that day was the future of the Taylor Opportunity Program for Students (TOPS) and the legislature’s failure to adequately address the looming fiscal cliff that will see about a billion dollars fall off the books with the expiration of a temporary sales tax.

On March 9, Pratt, who still does a regular op-ed column for the Baton Rouge Advocate, WROTE a piece that accurately illustrated the direct connection between the continued funding of TOPS and the return on investment of apartment developers and restaurant owners, investments that exist in the immediate orbit of the state’s institutions of higher learning.

And while Pratt’s analysis singled out the spurt in apartment, condo, and restaurant development, primarily in the immediate proximity of LSU, other colleges and universities have also witnessed similar private investment, particularly in student housing.

Those investments could be in peril if the legislature continues to shirk its responsibility in setting the state on firm fiscal footing.

Take my alma mater, Louisiana Tech, for example, and Grambling State University, just five miles from Tech. There has been an explosion of housing construction around those two campuses. And because Tech has embarked on an ambitious program of student recruitment to bump its enrollment to something like 20,000 or so over the next few years, construction workers have been particularly busy in Ruston. (The enrollment at Tech when I was there was something like 4,000. But they had rotary dial pay phones, Cokes in 61/2-ounce glass bottles, manual typewriters, carbon paper, and 8 p.m. weeknight curfews for female students back then, too.)

But the way they’ve gone about with their student housing construction at Tech is quite creative and is being emulated by every other campus in the state, according to Ruston political consultant Dr. Gary Stokley, a retired Tech professor.

The Tech Alumni Foundation approaches alumni and other supporters with an “investment opportunity” that, as long as TOPS is maintained, is virtually risk-free. (And no, it’s not a Ponzi or pyramid scheme.)

Tech, despite having torn down some of its dormitories, is growing and with an increase in enrollment, students need housing. And, of course, students would prefer a home environment with private baths and kitchens as opposed to dormitories with a community bath and no kitchen.

By working with the school’s foundation, which actually negotiates the construction contracts, investors enjoy a generous tax write-off, plus they will own a percentage of the apartments or condos. The school takes care of filling the housing units and collecting the rent and is also responsible for the maintenance of the buildings. The dollars generated by student rent pays off the debt. The advantage to the school is that it is relieved of the burden of having to go through the State Bond Commission to obtain funding for the construction. The alumnus or supporter who ponies up the money does nothing but sit back and reap the rewards of his investment.

If you have the funds to sink into the project, it’s a win-win proposition.

“Tech is one of the first schools to come up with this method of financing construction of student housing,” said Stokley. “Other schools have since replicated that method.

“Tech and Grambling have a tremendous impact on the economy of Ruston and Lincoln Parish as do others schools on their communities,” he said.

“A four-year student at Tech has an economic value of a million dollars on Ruston,” he said, “so the retention of students is critical. If TOPS craters, enrollment will drop and these apartments will sit empty.

“It’s a domino effect. If TOPS is cut or eliminated, it affects not only students’ families, but the ripple effect impacts colleges and the community as well.” Stokley said it was not unrealistic to envision some universities actually shutting down or converting from public to private schools with even higher tuitions—which could further reduce enrollment.

There are already all those extra fees that students voted to impose on themselves—before tuition began rising so sharply seven or eight years ago. “At Tech, we have the $62 million Davison Center that students voted to pay a portion of by assessing themselves fees totaling $8 million,” Stokley said. “That’s an added fee tacked onto already rising tuition. If TOPS is cut, that’s money that will have to be made up by students’ parents or by students taking out student loans. If that happens, the money for private apartments and condos just won’t be in the budget.”

Combined with the threat to TOPS, banks are lobbying Congress to cap the amounts of government student loans which could place additional financial hardships on students.

With federal student loans, the interest rate is fixed and often lower than private loans which can have variable interest rates of more than 18 percent. Plus, with federal loans, students are not required to begin repayment until they graduate, leave school or change their enrollment status to less than half time. Private loans require payments while still enrolled.

For other advantages of federal over private loans, click HERE.

If you are a parent with a kid enrolled in a Louisiana public university who is on TOPS, you may wish to turn your attention from March Madness long enough to give your House and Senate members a call to suggest that they take time away from campaign fund raising long enough to do the job they were elected to do.

Better yet, here are the links to the HOUSE and SENATE. Scroll down and click on the name of your members to get their email addresses to contact them that way.

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State Sen. Dan Claitor (R-Baton Rouge) sometimes seems to be Louisiana’s answer to California Gov. Jerry Brown, aka Moonbeam.

Claitor can sometimes be an example of what we should expect from our legislators but far more often than not, fail to get. He also can do a spot-on Jekyll-to-Hyde transformation.

For instance, it was Claitor who filed a lawsuit to stop fellow Sen. Neil Riser’s sneakier than sneaky attempt to (illegally) inflate then-State Police Superintendent Mike Edmonson’s retirement by, it eventually turned out, some $100,000 per year.

Points for Dan Claitor.

Claitor also filed a bill way back in 2012 that would have prevented legislators from leaving the House or Senate and taking six-figure political jobs in order to boost their retirement. That bill caused Sen. Daniel Martiny (R-Metairie) to practically go slightly ballistic—possibly because he could see an opportunity slipping away for himself.

The impetus behind Claitor’s doomed bill was Bobby Jindal, who was handing out those jobs like a lecherous old man giving candy to little kids

Claitor’s bill was defeated even as it became known that Jindal had appointed former legislators to lucrative jobs for which they possessed few, if any, qualifications.

Cases in point included:

  • Noble Ellingtonof Winnsboro, appointed to the second position in the Department of Insurance at $150,000 per year;
  • Jane Smithof Bossier City, appointed to position of Deputy Secretary in the Department of Revenue at $107,500 per year;
  • Troy Hebertof Jeanerette, appointed Commissioner of the Louisiana Alcohol and Tobacco Control Board at $107,500per year;
  • Kay Katzof Monroe, named member of the Louisiana Tax Commission at $56,000 per year;
  • Nick Gautreauxof Meaux, named Commissioner of the Office of Motor Vehicles at $107,000;
  • Tank Powelland  J. “Mert” Smiley, both named to the pardon board at $36,000 per year—Smiley to serve only until he took office as Ascension Parish tax assessor;
  • Former St. Tammany Parish President Kevin Davis, named Director of the Governor’s Office of Homeland Security and Emergency Preparedness at $165,000, and
  • Former St. Bernard Parish President Craig Taffaro, new Director of Hazard Mitigation and Recovery at $150,000per year.

Points for Claitor for his quixotic tilting at windmills.

So, what’s with his SENATE BILL 276 in the current legislative session? Is he now acting out his Mr. Hyde role?

Claitor, who will be 57 later this year, is trying to push through a constitutional amendment that, if passed by voters, would bar anyone who is 70 or older from serving in the legislature or from holding statewide elective office.

In a magnanimous gesture of goodwill, however, his bill does stipulate that any officeholder who reaches age 70 while in office would be able to complete his term.

Wow. Thanks, I guess, from the Old Geezer Gallery. Claitor can certainly expect a Christmas card from State Insurance Commissioner Jim Donelon this year (he’ll be 74 by that time).

It’s uncertain, without time-consuming research, just how many legislators would be disqualified to hold office under terms of Claitor’s benevolent bill, but my State Representative, J. Rogers Pope will be 77 later this year and I kinda like the job he’s done for the citizens of Livingston Parish. Senate President John Alario, considered the most able legislator whether or not you agree with him, is 74 (15 days older than yours truly but don’t worry: I’m not running for office).

And there is a gaggle of legislators well under Claitor’s self-imposed age of demarcation who, based on their collective performance in addressing the state’s fiscal problems, should already be out the door well before reaching their septuagenarian years. As a group, they’ve proven themselves to be inept, greedy, ambitious, petty, obstructionist, partisan hacks—and that’s sugar-coating it.

Apparently, Claitor, an attorney, has never heard of the AGE DISCRIMINATION IN EMPLOYMENT ACT. Which forbids age discrimination against people who are age 40 or older (did I mention that Claitor is 56?).

Initially, I thought Claitor, in a snit of self-righteousness, might be aiming his bill at Secretary of State Tom Schedler, who is embroiled in a dandy sexual harassment lawsuit by a former employee (Schedler admits having sex with the plaintiff, but says it was consensual, which she denies). The entire affair (poor choice of words) has more or less captured the interest of political junkies in Baton Rouge who thought Schedler ran one of the more upstanding, scandal-free agencies until this story broke.

But a quick check reveals that Schedler is 68. He will be 70 on Jan. 24, 2020, only days after the new terms of office for state officials and legislators begin which would mean that Schedler, if he remains in office and is re-elected, would be able to complete his next term under Claitor’s proposed guidelines.

Regardless, Claitor has royally ticked off a few senior citizens who are aware of his bill. Among them is former State Budget Director Stephen Winham of St. Francisville, who just happens to be 70. The bill wouldn’t affect Winham unless he plans to run for office, but he nevertheless was rankled by Claitor’s attempt at slamming the door on those who do aspire to office but have reached the magic age of 70.

“I do not live in your district,” Winham said in an email to Claitor. “I am 70.  I take offense at this bill and I am sure I am not alone. Is this one of those bills where you are trying to punish an individual elected official or do you really believe ALL of us who have reached age 70 are senile or otherwise incapable of serving in public office?”

Claitor was less than diplomatic in his response to Winham:

“I am glad you take offense to SB 276. I will assume that you also take offense to requiring judge’s (sic) to retire at age 70. Please stay tuned to the debate. Thank you.”

Besides his apparent inability to correctly spell the plural of judge despite holding a law degree (it doesn’t take an apostrophe, Dan), Claitor also appears to have a propensity to be a bit snotty with critics. Not a good trait for an elected official.

Stay tuned, folks. The “debate” should be interesting.

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…And we thought that Attorney General Jeff Landry was a horn-tooting self-promoter, who loved to tout his prosecutorial “accomplishments” while conveniently ignoring more blatant wrongdoing.

Turns out Landry should be watching State Inspector General Stephen B. Street and taking notes on how to fool all the people all the time—or at least make a pretty decent effort at doing so.

Street has just released his 29-page 2017 ANNUAL REPORT and network television must already be poring over it as the possible basis for a weekly series on crime fighting. Or maybe a sitcom. Either way, with all the tax breaks for movie and television production being given away by the state, the show is certain to be profitable while making Street a star in the process.

Eleven photographs are included in the annual report and Street’s smiling face is included in every single one. Here’s what one observer said of the photos: “…only one other staff member, an investigator, gets in one. Boy he must have done something really special to merit being the single staff member to be picked to be in a picture with the boss in the annual report. I am sure this did wonders for office morale.

“Street couldn’t even see the way clear to have a group picture of the whole staff in what only can be considered his annual report? I guess he couldn’t get the, as described very limited, 14 staff members in the same room to have one taken (probably has a shortage of meeting space also).”

Street, who undoubtedly wears a large red “S” on his chest, chronicles how his office beat back efforts by legislators in 2012 and 2016 to shut his office down for ineffectiveness—although his office, like most other agencies, has endured appropriations cutbacks.

Of those efforts to shut him down, Street, somewhat smugly philosophizes: “The 2016 OIG funding fight in Louisiana was simply the latest reminder of what comes with the territory in the Inspector General business. If you do the job aggressively – and we have — folks will come after you. It’s absolutely guaranteed. It was also a great reminder that the public is overwhelmingly supportive of Inspectors General, and we should never forget this.”

So, let’s review just how he has done his job “aggressively” to see who it prompted to “come after” him.

Street’s office, in response to a November 2016 public records request from LouisianaVoice, provided a list of FUNDS RECOVERED totaling more than $5.3 million since July 1, 2013, for which he claimed credit. No one on that list who might “come after” street—just low-hanging fruit. Easy pickings don’t often “go after” anyone.

Of course, the recovery of funds is quite different from orders of restitution, which was what each of these cases was. An order of restitution means little if there are no funds to be recovered.

“We have no information regarding amounts collected by those office and we receive none of the funds,” said OIG General Counsel Joseph Lotwick in a letter to LouisianaVoice.

In the case of Deborah Loper, for example, most of the million dollars ordered repaid had long since disappeared into slot machines at area casinos so any real chance of restitution is, for all intents and purposes, non-existent. Still, Street listed that as a recovery of funds.

The LouisianaVoice request was made pursuant to Street’s claim for an accounting of public funds recovery stemming from OIG investigations.

Moreover, what Street’s office did not say, the difficulty of actually collecting notwithstanding, is that the OIG’s role in many of the above investigations was secondary to the U.S. Attorney’s role and restitution payments, if any, are made through either U.S. Probation or, in the case of the state’s being the lead prosecutor, to Louisiana Probation and Parole.

Nor did Street happen to mention the investigations by his office that either blew up in his face or simply did not occur. Even though most, if not all, actually occurred prior to 2017, they’re still worth mentioning:

  • The Murphy Painter fiasco, orchestrated by Bobby Jindal and Steve Waguespack, which resulted in the federal criminal trial of Painter who was cleared of all charges and the state had to pony up his legal fees of $474,000;
  • The illegal raid on the home and offices of Corey DelaHoussaye under the mistaken assumption (Street’s an attorney: attorneys should never “assume”) that DelaHoussaye was contracted to the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) when in fact, he was contracted to the Livingston Parish Council where he had no jurisdiction (embarrassing). DelaHoussaye was subsequently exonerated of all charges.
  • Likewise, it was Street’s office that investigated and found no wrongdoing in the case of two assistant district attorneys in CADDO PARISHwho applied for a grant to obtain eight automatic M-16 rifles from the Department of Defense’s Law Enforcement Support Office (LESO). The two claimed on their application that they, as part of a Special Investigations Section (SIS), “routinely participate in high-risk surveillance and arrests (sic) activities with the Shreveport Police and Caddo Sheriff.” Persons interviewed from both agencies, however, refuted the claim that SIS employees took part in such operations.
  • Street also failed to follow through on an investigation into widespread abuses by the Louisiana State Board of Dentistry. The board, with the aid of its investigator who employed questionable methods, was imposing excessively high fines against dentists for relative minor infractions and even bankrupted one dentist who blew the whistle on faulty jaw implants developed by a dentist at the LSU School of Dentistry.
  • Retired State Trooper Leon “Bucky” Millet said he filed a formal complaint on February 19 with Street’s office against the four State Troopers who drove the state vehicle to San Diego last October but never received an acknowledgement from Street. “I know he received because I sent the complaint by certified return receipt mail,” Millet said. Of course, it turned out that what Street’s office could not or would not do, the Baton Rouge Advocate’s Jim Mustian, New Orleans TV investigative reporter Lee Zurik and LouisianaVoice did—and we know the outcome of that.
  • Street said there was nothing to investigate when a gravity drainage district in Calcasieu Parish refused to pay contractor Billy Broussard a million dollars for work he did in dredging canals after hurricanes in 2005 and 2006. Broussard performed the work he was asked to do and the district refused to pay him, yet Street said there was nothing to investigate.
  • And he’s done nothing toward investigating possible human trafficking in the baby adoption racket in Louisiana, despite the persistent efforts of Craig Mills to get both Street and Landry involved in the investigation.

Of course, in listing the successful prosecutions (again, low-hanging fruit—people who are a lock not to “go after” him), Street is careful to see to it that his office is cited in all 10 reports—even if he had to insert the recognition himself, which he does in eight of the cases. Five of the reports were actually press releases from the U.S. Attorney’s office but Street piggy-backed them in his annual report.

But perhaps the best indicator of the effectiveness of Street’s office turns up in the report on 2017 travel expenses for his office.

That report shows that the office spent only $57.13 for in-state travel to conferences and just $509.11 on instate field travel (investigations).

But the office spent $2,564.46 on out-of-state travel to conventions and conferences.

Of 376 complaints received in 2017, OIG opened 60 investigations. The 2016 numbers showed 42 investigations opened on 401 complaints.

 

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When Ronald Reagan wanted to push a bill through a recalcitrant House ruled by Democratic Speaker Tip O’Neill (as bad as he was, O’Neill was still head and shoulders above current Speaker Paul Ryan in terms of leadership and ability), he would go on national television and appeal directly to the American voters.

Gov. John Bel Edwards should have taken his cue from the Gipper. Instead of taking to the TV airwaves to make his case directly to Louisiana citizens, he has chosen to go it alone against an obstinate, arrogate, no-solutions-to-offer Republican legislature who, to quote my grandfather (and I’m cleaning it up a bit) wouldn’t urinate on him if he were on fire.

But while Edwards has not displayed the leadership one would expect of a West Point graduate, neither has this Jell-O-backboned legislature done anything to warrant any bouquets. The word obstructionism comes to mind immediately as a one-word description of this bunch.

There is not a shred of doubt that Republican legislators are still taking their cue from the American Legislative Exchange Council (ALEC) and Grover Norquist. Remember in 2015, when 11 legislators WROTE to Norquist to obtain his permission to vote for Jindal’s tax swap?

Since when does Grover Norquist speak for the voters of Louisiana?

But, believe it or not, this rant isn’t about the legislator’s ability to waste some $900,000 on a special session that failed to produce a solution to the looming state financial disaster. Retired State Budget Director Stephen Winham covered that in yesterday’s post.

Instead, in a classic illustration of how to violate journalistic practices by burying the lede this deep in the story, this is about legislators’ real priorities while in Baton Rouge at the governor’s call to do something—anything—to avert the fiscal cliff that awaits next June.

Citizens routinely flock to Baton Rouge during legislative sessions to testify before committees on their positions on various issues. If you’ve ever sat in on any of these committee meetings, it’s apparent that legislators are just going through the motions of pretending to listen to the voice of the people. In reality, they converse among themselves during citizens’ testimonies, walk out of the committee room to take a phone call, or generally get that patently political glazed look as they wait for the testimony to end so that the committee can proceed with its predetermined vote.

The real reason many legislators were in Baton Rouge for this session was not to tend to the people’s business but to line their own pockets, or more precisely, their campaign treasuries.

Beginning on Jan. 31, and continuing through the special session which began on Feb. 19 and until March 12 (one week from today), 41 campaign fundraisers for 46 legislators were scheduled by lobbyists, including the Beer Industry League, the Louisiana Restaurant Association (LRA), the Louisiana Oil & Gas Association (LOGA), and Southern Strategy Group in such partying-hardy locations (where the real legislative work gets done) as:

  • The Longview House, the former home of Mrs. Earl K. Long, now housing the offices of Haynie & Associates;
  • The Jimmie Davis House, which houses the offices of CeCe Richter and the Louisiana Oil and Gas Association;
  • The Louisiana Restaurant Association House (LRA: recently purchased near the State Capitol);
  • Beer Industry League offices.

One of those, on March 8 (Thursday), for State Sen. Eric LaFleur, will feature an appearance by Gov. Edwards. Of course, the Beer Industry League keeps legislators plied with alcohol at each of these locations, thus insuring their undying loyalty when key votes come up.

It’s uncertain if the suggested contribution amounts reflect the legislator’s relative worth to the organization, but following is the schedule of fundraisers hosted by the various lobbyists:

  • 30: Longview (1465 Ted Dunham Ave.) Fundraiser for Senator John Milkovich ($500 suggested contribution);
  • 31: Beer Industry League Fundraiser for Rep. Robby Carter ($250 suggested contribution);
  • 31: Jimmie Davis House (1331 Lakeridge Dr.) Fundraiser for Rep. Clay Schexnayder ($500 Contribution);
  • 31: Longview Fundraiser for Rep. Joseph Stagni ($250 suggested contribution);
  • 31: Jimmie Davis House Fundraiser for Rep. Tanner Magee ($250 contribution);
  • 5: 18 Beer Industry League Fundraiser for Rep Frankie Howard ($250 suggested contribution);
  • 5: Jimmie Davis House Fundraiser for Senator Rick Ward ($500 contribution);
  • 6: Longview Fundraiser for Rep Scott Simon ($250 suggested contribution);
  • 7: Jimmie Davis House Fundraiser for Rep Blake Miguez ($250-500 contribution);
  • 7: LRA House (Louisiana Restaurant Association – which recently got a nice place right by the capitol at 1312 Ted Dunham Ave. to host fundraisers) Fundraiser for Rep Stephen Carter ($500 contribution);
  • 7: LRA House Fundraiser for Rep Thomas Carmody ($500 contribution);
  • 7: Jimmie Davis House Fundraiser for Senate President John Alario, Jr. and Speaker of the House Taylor Barras ($500 contribution—Can’t wait to see how much this one brought in);
  • 15: Longview Fundraiser for Senators Page Cortez & Jonathan Perry ($500 contribution);
  • 19 (Opening day of special session): Beer Industry League Fundraiser for Senator Greg Tarver (suggested contribution up to $2,500—nothing cheap about Tarver, including his price);
  • 19: Longview Fundraiser for Reps Patrick Connick, Kevin Pearson, & Polly Thomas ($250 suggested contribution)
  • 19: Longview Fundraiser for Rep Sam Jenkins ($250 suggested contribution);
  • 20: The Lobdell House (711 N. 6th St) Fundraiser for Rep Frank Hoffman ($500 suggested contribution);
  • 20: LRA House Fundraiser for Senators Ronnie Johns and Dan Morrish ($500 contribution);
  • 21: Beer Industry League Fundraiser for Rep Kenny Havard ($500 contribution);
  • 21: Longview Fundraiser for Rep John Stefanski ($250 suggested contribution);
  • 22: Beer Industry League Fundraiser for Senator Jay Luneau ($500 suggested contribution);
  • 22: LRA House Fundraiser for Rep Chris Leopold ($250 contribution);
  • 22: LRA House Fundraiser for Senator Sharon Hewitt ($500 contribution);
  • 22: Longview Fundraiser for Senator Karen Carter Peterson ($500 contribution—She’s the largely ineffective chairperson of the State Democratic Party);
  • 22: Jimmie Davis House Fundraiser for Rep Gary Carter ($250 suggested contribution);
  • 23: Longview Fundraiser for Rep Ryan Gatti ($500 suggested contribution);
  • 27: LRA House Fundraiser for Senator Dale Erdey ($500 contribution);
  • 28: Beer Industry League Fundraiser for Senator Dan Claitor and Rep Franklin Foil ($500 suggested contribution);
  • 28: LRA House Fundraiser for Rep Rick Edmonds ($500 contribution);
  • 28: Jimmie Davis House Fundraiser for Rep Nancy Landry ($500 contribution)
  • 28: Southern Strategy Group of LA Fundraiser for Senator Ed Price ($500 contribution);
  • 1: Beer Industry League Fundraiser for Rep Rodney Lyons ($250 to $2,500 suggested contribution);
  • 1: Jimmie Davis House Fundraiser for Rep Alan Seabaugh (attendee $250, Host Committee $1000, Supporter of Seabaugh $2500);
  • 6: Beer Industry League Fundraiser for Senator Troy Carter ($500 to $2,500 contribution—another big-ticket legislator);
  • 6: Southern Strategy Group Fundraiser for Rep Denise Marcell ($250 suggested contribution);
  • 7: Beer Industry League Fundraiser for Senator Troy Carter ($500 suggested contribution) (Two days in a row for this Senator! A double-dipper! His relationship with the ATC Commissioner must be very important to this group);
  • 8: Beer Industry League Fundraiser for Senator Eric LaFleur with Special Guest LA Governor John Bel Edwards ($500 contribution)
  • 8: Longview Fundraiser for Senator Regina Barrow ($500 suggested contribution)
  • 9: Beer Industry League Fundraiser for Senator Norby Chabert and Rep Stuart Bishop ($500 suggested contribution);
  • 9: Longview Fundraiser for Rep Ray Garofalo ($250 contribution);
  • 12: Jimmie Davis House Fundraiser for Rep Patrick Jefferson ($250 – 2,500 suggested contribution).

Twenty-eight state place RESTRICTIONS on campaign CONTRIBUTIONS and Louisiana is one of those—theoretically.

Louisiana Revised Statute 24:56 addresses PROHIBITED ACTIVITY.

Louisiana RS 18:1505.2 Q(b) also says: “No legislator or any principal or subsidiary committee of a legislator shall accept or deposit a contribution, loan, or transfer of funds or accept and use any in-kind contribution, as defined in this Chapter, for his own campaign during a regular legislative session.”

So, yes, there are restrictions against legislators soliciting or accepting campaign contributions during legislative sessions, but a close look at the wording gives lawmakers—the ones who write the laws—a loophole you could drive a truck through.

And that loophole is the words “regular legislative session.” The fiasco that ended on Monday was not a regular session but a special session. In fact, it was the fifth special session called to deal with the state’s fiscal condition, all of which failed to do so.

But campaign contributions are another matter. Where legislators are unable/unwilling to fix the state’s fiscal problems, they certainly see to their own financial well-being. And if they can do so while on the taxpayer clock for $156 per diem (Latin: per day) and mileage payments to and from Baton Rouge, so much the better. Church Lady from Saturday Night Live had a term for that: “Isn’t that special.” (Pun intended).

One observer said, “It’s almost insulting that they (legislators) even waste our time and money on these hours-long committee meetings where they are supposed to be considering the voice of the people who take time away from their jobs and families with the naïve perception that their voices actually matter when it is abundantly clear that decisions are controlled and bought by a small group of power associations. Just watch the process unfold. These groups will prevail I their positions no matter how many logical facts and explanations are presented by the other side (and often when the prevailing associations have absolutely no logical facts or explanations).”

I couldn’t have said it better myself.

 

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By Stephen Winham

Guest Columnist

In the unfunny joke that was the latest “special” [not] legislative session there were no real surprises.  After much bickering over a small gobble-de-gook of incomplete solutions and ideas with no goal beyond getting 70 House votes for just about anything, the session finally ended with a whimper that anybody should have been able to predict after 15 days of inaction.  We are all left to ask why this debacle ever took place at all.

In the weeks leading up to the session Gov. Edwards threatened to not call it if an agreement on what to do about the “fiscal cliff” was not imminent.  Showing a distinct lack of decisive leadership, he not only went back on this threat, but failed, himself, to present a concrete proposal with a combination of cuts and taxes that would yield a recurring balance.  He never even really tried and seemed to say he was tired of doing so.

The governor presented a list of “cuts” he said he had already made, too many of which were not really cuts and a few of which were apparently duplicated.  Even the unambiguous cuts on the list begged the question of what has really changed as their result?  What pain has been inflicted and on whom? At the very least, what services have been diminished?

What evidence did the governor present that his appointees will be held accountable for making government as efficient as possible in the future, so people can have faith the revenues raised or retained will be spent wisely?  Ask anybody on the street if they believe state government is improving in that regard and the answer will most often be a resounding “No.”  This is particularly true of people who read newspapers and political blogs, listen to talk radio, and watch local television news where negative reports about state government are routine.

It is just plain common sense that people want answers to these questions. If the governor has made meaningful cuts he should be able to provide proof.  In other words, it should be possible to demonstrate the effects (not just dollar amounts) in such a way that people can judge whether the cuts should have been made and whether additional significant cuts should be made and, most importantly, specifically where?

For the coming year, the governor presented a list of cuts, but defended none of them as cuts he believed should be made.  On the revenue side, he presented a package that didn’t even fund these cuts and which he only halfheartedly supported.  About the only hope reflected in the governor’s proposal was that the mediocrity that keeps us on the bottom of practically every list of good things could continue.

The state senate waited the whole session for the house to give them something meaningful to do – Revenue bills had to originate in the house by law.  The Senate returned one bill providing tax relief to flood victims and the House concurred.

Despite having plenty of time because of a temporary two-year bridge, solid research of all pertinent issues, and promises to come forth with a plan to simply balance the budget, the house did nothing of the kind.  Instead of presenting a balanced plan of cuts and revenues, or even cuts alone, the house argued over pieces of the puzzle on the sheer basis of whether enough people would vote for them – what deals could be cut.  And cutting deals to get votes does not necessarily work to the advantage of the state or its citizens.

There was never a serious attempt to construct an enduring solution with more than a trace of desperately needed fiscal reform.  If there was a goal, it was to continue what we have had for over a decade – a questionable and temporary balance that makes as few voters and special interests angry as possible.  Thrown in were a handful of feel-good measures including ostensible Medicaid reform, a new spending cap proposal, and a promise of enhanced government transparency – none of which should require legislation.  Accomplishing their goals should be part of responsible governing.  Nobody was made happy -except those who think we should go over the cliff and see what happens.

One measure was anointed the pre-requisite and centerpiece for everything else and every day of deliberation the argument was put forth, “If we can’t renew ¼ of the expiring sales tax, we can’t move forward.”  What was so magical about that quarter of a penny?  Was it important to continue to punish the poor at least a little for being poor as a starting point, or what?  As its author, Rep. Dwight himself pointed out, the prospects for passage of his bill never really improved as the session went on.  Worse, it only took care of about a third of the gap and there was no clear plan for filling the rest of it from anywhere.  In a word, the bill was worthless.

Representatives Barry Ivey and Kenny Havard stood out as sincerely interested in doing something to help the state and its people move forward.  They both repeatedly called out their colleagues for hypocrisy and empty rhetoric. It is unfortunate Ivey did not get his February 28 motion to adjourn sine die on the floor and passed.  At least it would have saved the taxpayers the $60,000+ per day costs of the remaining days.  Sharon Hewitt and a growing number of others at least had sense enough to see the wisdom in that. Always rational, Rep. Julie Stokes attempted to move members in a progressive direction despite her Republican pedigree.  Speaker Pro Tempore Walt Leger offered progressive income tax measures to lukewarm support.  A few others voiced frustration but did little to steer what they clearly viewed as a doomed session toward success.

Republican Caucus Chair Lance Harris, himself a true expert at it, said he was tired of the blame game. Rob Shadoin agreed and restated the obvious when he said the session accomplished nothing except failing the people.  Speaking of blame, many people were happy to place it on the Black Caucus and their fellow Democrats.  If they were to blame for anything, it was for trying to get at a least a minuscule amount of progressive fiscal reform wedged in somewhere.

And speaking of partisan politics, the T Rex in the House was the desire on the part of Republicans to make the governor look as bad as possible.  Helping with that were the special interests, including that beacon of conservative light, Americans for Prosperity, founded and funded by the Koch brothers and claiming a membership of over 3 million right-minded people. How many of our elected officials pay homage to its agenda?  Its representative at the session wanted the session to go the distance in furtherance of the Louisiana Checkbook, a [non]panacea for the masses that will probably never be satisfactorily implemented regardless of legislation.  How many other budget reform laws languish in the books apparently ignored by our policy makers?  And, even when stumbled across, there is always the easy out of no money to implement them.  Forget about the will to do so.

The special session served one critical function to anybody who paid any attention to what went on.  It showed the utter lack of effective leadership in our state’s government.  It revealed who among our elected officials has the best interests of our state and its people at heart, i. e., who literally supports our form of government – and who doesn’t.

We can’t immediately recall the people who continue to ignore those of us without deep pockets, but we can replace them at election time – assuming people willing to truly represent us offer themselves for election – a daunting proposition at best.  Many current officeholders, with the validation of history, believe they don’t have to represent the bulk of us to be re-elected.  All they must do is get enough money from special interests to generate a flood of propaganda and false promises to fool enough people into voting for them.

Let’s prove them wrong.

(Editor’s note: Stephen Winham is the retired Director of the Louisiana Executive Budget Office, having served in that capacity from 1988 to 2000.)

 

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