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Archive for the ‘Legislature, Legislators’ Category

Ethics Commission has $1 million in uncollected fines still on the books; looks other way on power broker violations

Posted in Corruption, Ethics, Legislature, Legislators, LSU, Public Records, State Agencies, Transparency on May 17, 2019| 5 Comments »

Remember THIS STORY as Bobby Jindal moved into the governor’s office in 2008?

That was in 2008. Fast forward to May 16, 2019 and we have a thoroughly-researched and informative story by Baton Rouge Advocate reporter ANDREA GALLO in partnership with ProPublica, a leading investigative journalism website that details just how impotent, inept, and dysfunctional the Louisiana State Board of Ethics has become, thanks to Jindal’s “Gold Standard of Ethics,” passed in 2009, immediately after he assumed the office of governor.

In the 10 years since Jindal literally gutted the State Ethics Board of any enforcement powers, the board has become the antithesis of bodies like the State Board of Dentistry and the State Board of Medical Examiners which have the unbridled power to impose draconian penalties against dentists and doctors in order to support their exorbitant budgets.

Both extremes are classic examples of how political considerations trump due process and fairness in state government.

One bankrupts professionals who must accept coercion and extortion or face financial ruin while the other currently has more than $1 million in uncollected campaign violation fines dating back to (ahem) 2008, the year Jindal was elected.

Campaign finance report enforcement is all but non-existent, if the Louisiana Ethics Administration’s list of delinquent fines is any indication.

The administration’s WEBSITE lists 62 pages totaling about 700 uncollected fines dating back 11 years and totaling nearly $1.1 million, a testament to inefficiency and waste.

Moreover, the dental and medical boards, as well as other regulatory boards, have broad power to initiate their own investigations, something the ethics commission lacks. It can only investigate alleged ethics violations if it receives an official complaint.

But wait. Only elected or appointed officials may file a complaint; your average Louisiana citizen “has no standing” to file a complaint.

In other words, those not subject to an ethics complaint unless said complaint is made by a state or local official include:

  • A legislator who contracts with the state for hurricane debris removal (a real, not hypothetical case) is not subject to an ethics complaint unless said complaint is made by a state or local official.
  • A legislator uses campaign funds to pay his federal income taxes (again, an actual case), there is no ethics violation without an official complaint.
  • Another legislator using campaign funds to lease luxury vehicles for himself and members of his family and to purchase season tickets to Saints, Pelicans and LSU games.
  • Or a former governor publishing a book and then using funds from his tax-exempt foundation to purchase thousands of copies of the book at a nice profit to himself.

Convenient, no?

Jindal’s good-government charade began as soon as he took office and as a result, ethics board members resigned en masse in protest.

But could Jindal have harbored ulterior motives in pushing for his “reforms”?

On January 25, 2008, right after he took office, he was hit with his own $2,500 FINE for failure to timely disclose more than $100,000 spent on his behalf by the state Republican Party. A month later, he opened his first SPECIAL SESSION of the legislature dedicated solely to ethics reform.

At the same time, the Jindal reform package, when passed, allowed pending ethics fines against political allies, including then-state representative but current Grambling State University President RICK GALLOT, disappear.

The same couldn’t be said for two CALCASIEU PARISH PUBLIC SCHOOL TEACHERS who led unsuccessful recall efforts against Jindal and then-House Speaker Chuck Kleckley. The teachers found themselves facing fines of $1,000 each for failing to file timely campaign finance reports. You can bet that little transgression wasn’t overlooked by Jindal and his “Gold Standard” of ethics.

But it’s impossible to place all the blame on Jindal.

In July 2007, more than a year before Jindal’s election, the ethics board allowed its chief administrator, Gray Sexton, resign and then rehired him in a different capacity—all to AVOID A REQUIREMENT under a new ethics law that he disclose clients in his private law practice, a move that on its face, might appear unethical to many.

But it didn’t end there. Sexton has since retired but now represents defendants before his former employer. Among his clients::

  • Lafayette developer Greg Gachassin;
  • Tammany Assistant District Attorney Harry Pastuszek, Jr.;
  • John the Baptist Parish Engineer C.J. Savoie and his company, C. J. Savoie Engineers;
  • Lafourche Parish President Charlotte Randolph;
  • State Rep. Nancy Landry;
  • John the Baptist Parish President William Hubbard;
  • Former state senate candidate Shawn Barney;
  • Shreveport businessman Bobby Jelks;

And as far back as 1986, a full 17 years before Jindal’s first campaign for governor, it was common for the ethics board to be used selectively to punish politicians or public servants who had fallen from favor.

That was the year that former LSU athletic director Bob Brodhead and Baton Rouge Advocate publisher Doug Manship were FOUND GUILTY by the ethics board in connection with a flight by Brodhead and his wife to Manship’s private club in LaPaz, Mexico, on Manship’s private plane.

Then-LSU President James Wharton used the ethics charges as leverage to oust Brodhead even though Wharton was aware of the trip and even encouraged the Brodheads to take the trip, according to Brodhead’s account in his book Sacked!

Strangely enough, no ethics violations investigations were ever initiated against Wharton and LSU Alumni Association President Charlie Roberts for accepting dove hunting trips from LSU Board of Supervisors member Sam Friedman, nor were ethics violation charges ever pursued against Friedman who owned a Holiday Inn hotel outside Gainesville, Florida, the hotel at which the LSU football team was quartered when it played in Gainesville.

Nor did the ethics board pursue charges against legislators who routinely accepted dove-hunting trips from lobbyists, choosing instead to “take no action.” In fact, a story in The Advocate said, “The Board’s staff attorney refused to say who the lawmakers were, when or why they took the trip.”

The time has long since past when the legislature reinstated the enforcement powers of the ethics board.

The alternative would be to admit the futility of any pretense at enforcement, or even the existence of, governmental ethics and simply shut down the agency as excess baggage.

We would probably never notice the difference.

 

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Ouachita asst. district attorney, brother of 4th JDC judge, suspended by Supreme Court for mishandling clients’ funds

Posted in Corruption, Courts, Ethics, Fraud, Judges, Lawsuits, Legislature, Legislators, Politicians on May 6, 2019| 2 Comments »

There is only one word to describe the courts in the 4th judicial District: rancid.

It was bad enough when it was revealed that:

  • ALLISON CAMPBELL, a clerk for 4th JDC judges, had mis-filed, shredded, or otherwise destroyed records (52 different writ applications missing for more than a year turned up as being used as an end table in Campbell’s office.
  • Or that when the Ouachita Citizen sued to obtain public documents from the court, the court’s judges sued the newspaper and its publisher Sam Hanna, Jr. to prevent having to make the documents available.
  • Or that Campbell’s sister is a prominent Monroe attorney, Catherine Creed, her father George Campbell was an executive with Regions Bank and was married to the daughter of attorney Billy Boles.
  • Or that a “duty” or on-call JUDGE (Larry Jefferson) would alter bond instructions, allowing an inmate charged with five counts of aggravated crimes against nature to walk out of jail and disappear.
  • Or that Monroe attorney and former Monroe city council member ARTHUR GILMORE, JR., was sentenced to 24 months in prison and temporarily permanently disbarred by the Supreme Court for violations of the federal Racketeering and Corrupt Organizations (RICO) Act. The disbarment was handed down as permanent but he petitioned and was approved for readmission in January.

But now, we learn that the Louisiana Supreme Court has suspended the law license of Monroe attorney DANIEL J. HUNTER for one year after an investigation by the Office of Disciplinary Council found that Hunter had mismanaged his client trust account.

(Yawn). So what, you say? Happens every day. Some lawyer dips into the account for a quick trip to the casino with every intention of repaying the money—until he loses it and then loses again in an attempt to win it back. Sometimes it’s for more sinister purposes. Many times it’s just sloppy bookkeeping and funds get co-mingled. Mismanagement could be many things but you get the idea.

But wait. Daniel J. Hunter isn’t just any old attorney.

He is the brother of current 4th JDC court judge and former Louisiana State Rep. Marcus Hunter.

Daniel and Marcus are the sons of former Louisiana State Sen. Willie Hunter.

Daniel Hunter also just happens to be employed by 4th Judicial District Attorney Steve Tew as an assistant prosecutor. He was recently demoted to prosecuting misdemeanor offenses.

So, there you have your state judicial district court in Ouachita and Morehouse parishes.

Be proud.

Remember the adage that you get the government you deserve.

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Minimum wage, equal pay for women on legislative calendar: it’s past time for lawmakers to show integrity and pass both

Posted in ALEC, American Legislative Exchange Council, Contracts, Corruption, Economy, Elections, Ethics, Governor's Office, House, Senate, Jobs, Legislature, Legislators, Lobbyist, PACs on April 30, 2019| 7 Comments »

If Louisiana’s working citizens—particularly those struggling to pay rent, put food on the table, pay for their children’s educational needs, clothe their families, buy gasoline and pay insurance premiums—are paying attention, they will soon know who their legislators represent—the aforementioned working people or the Louisiana Association of Business and Industry (LABI) and the American Legislative Exchange Council (ALEC).

State Sen. Troy Carter (D-New Orleans) cartert@legis.la.gov has introduced SB 155, backed by Gov. Edwards, to raise the state’s stagnant minimum wage from an incentive-choking $7.25 to $9.00, effective July 1, 2020. If approved, it would go to voters in the form of a constitutional amendment.

It’s time. In fact, it’s way past time.

The same goes for the long overdue equal pay for women legislation. Louisiana currently pays women about 60 percent of what men earn for the same job. That’s unthinkable.

Equally unfathomable is that similar bills have failed to gain traction in past legislative sessions.

Gov. Edwards is on record as supporting both measures.

Women are not second-class citizens and should not be treated as such.

HB 289 by Rep. Barbara Norton (D-Shreveport) nortonb@legis.la.gov provides equal pay for women and HB 63 by Rep Joseph Bouie, Jr. (D-New Orleans) bouiej@legis.la.gov would require any contractor who enters into a contract with a public entity to comply with the Equal Pay for Women Act. Both bills are pending before the House Labor and Industrial Relations Committee.

That committee membership is weighted 9-6 in favor of Republicans. Members include Reps. Patrick Jefferson, Chair (D-Homer) jeffersonpo@legis.la.gov, Kenny Cox (D-Natchitoches) coxk@legis.la.gov, Royce Duplessis (D-New Orleans) duplessisr@legis.la.gov, Ted James (D-Baton Rouge) james.ted@legis.la.gov, Ed Larvadain, III (D-Alexandria) hse026@legis.la.gov, Vincent J. Pierre (D-Lafayette)  pierrev@legis.la.gov, Blake Miguez, Vice Chair, (R-Erath) miguezb@legis.la.gov, Beryl Amedee (R-Houma) amedeeb@legis.la.gov, Larry Bagley (R-Stonewall) bagleyl@legis.la.gov, Raymond Crews (R-Bossier City) crewsr@legis.la.gov, Reid Falconer (R-Mandeville) falconerr@legis.la.gov, Dodie Horton (R-Haughton) hortond@legis.la.gov, Jack McFarland (R-Jonesboro)  mcfarlandj@legis.la.gov, Alan Seabaugh (R-Shreveport) seabaugha@legis.la.gov, and Scott Simon (R-Abita Springs)  simons@legis.la.gov.

The federal minimum wage hasn’t been adjusted for a decade and anyone who thinks even a single person with no dependents can survive on $7.25 per hour is woefully out of touch with reality.

Anyone who believes that is spending far too much time on the golf course.

Anyone who believes that, you can bet, has never had to do so.

LABI President Stephen Waguespack, a alumnus of the Bobby Jindal administration, will throw all his organization’s resources into an all-out effort to defeat Carter’s bill just as he has with past efforts to raise the minimum wage.

Waguespack can afford to do so, too, because he’s being paid a comfortable six-figure salary to represent the interests of big business over those of working stiffs.

His condescending comment about a minimum wage being being a “one size fits all” approach is both arrogant and deliberately misleading.

Waguespack will be in the State Capitol corridors every day. Legislators are forbidden from accepting campaign contributions from any of the four LABI political action committees, but they know if they vote the way he wants, those contributions will flow in once the legislative session adjourns.

In the meantime, nothing prevents him from wining and dining key members of the legislature. Key members like, say, certain members (read: Republican) members of the Senate Labor & Industrial Relations Committee, which will decide whether or not Carter’s bill moves forward to the floors of the House and Senate.

That committee is chaired by Sen. Neil Riser (R-Columbia), risern@legis.la.gov

Riser should (but likely won’t) be all-in on raising the minimum wage. After all, it was he who tried to slip that amendment onto a rather benign bill back in 2014 that would’ve given then-State Police Superintendent Mike Edmonson a healthy six-figure increase in his yearly retirement.

Carter is vice-chair and he should have allies in Sens. Regina Barrow (D-Baton Rouge) barrowr@legis.la.gov, Wesley T. Bishop (D-New Orleans) bishopw@legis.la.gov and Jean-Paul J. Morrell (D-New Orleans) morrelljp@legis.la.gov.

Republicans on the committee include, besides Riser, include Sens. Ronnie Johns (R-Lake Charles) johnsr@legis.la.gov and Barrow Peacock (R-Bossier City) peacockb@legis.la.gov

Other southern states that have held the line at $7.25 include Alabama, Georgia, Kentucky, Mississippi, South Carolina, Tennessee and Virginia.

Arkansas has already raised its minimum wage to $11. Shoot, even West Virginia has a state minimum wage of $8.75.

Altogether, 26 other states have a minimum wage higher than Louisiana and 19 of those are already at $9 or above.

The U.S. has an income disparity that should be embarrassing—and it’s only getting wider. The haves keep getting richer and the have-nots keep sinking in poverty and the Stephen Waguespacks of the world couldn’t care less as long as they can keep corporate board members fat and happy.

And many legislators couldn’t care less as long as they can keep the campaign contributions coming in.

So, fight back. The average worker can’t take time off to go to the Capitol to lobby legislators. Stephen Waguespack can because that’s precisely what he’s paid to do. It’s an uneven playing field.

But you can contact your legislator—early and often—and let him/her know that this is an election year and you have a lethal weapon—the ballot.

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Republicans on House Education Committee vote as bloc to send MFP back to BESE, blocking funding for local districts

Posted in BESE, Education, Elections, Finances, Governor's Office, House, Legislature, Legislators, Lobbyist, Politicians, Revenue on April 18, 2019| 6 Comments »

If you are a school teacher in Louisiana or if you have a teacher in your family, here are nine names you should remember next October when voters march to the polls to elect a governor, 39 state senators and 105 state representatives:

These are the nine members of the House Education Committee who yanked $39 million from local school districts—money that could have gone to supplement an already insulting pay raise for teachers, provide classroom supplies and help absorb increases in health insurance premiums.

Oh, and just in case you’d like to thank them, here are the five who voted to keep the $39 million in the Minimum Foundation Plan as adopted by the Board of Elementary and Secondary Education (BESE):

The $101 million for teacher pay raises (safe, for the moment) and the $39 million for local school districts were pat of Gov. John Bel Edwards’ plan to move Louisiana back to the Southern Regional Average.

Instead, the nine Republicans, led by committee chairperson Landry voted to send the MFP back to BESE with a request to cut the $39 million for local school districts.

Landry, who has been less than a friend to public education throughout her legislative career, was steadfast, stating from the start she was going to make the recommendation to send the MFP plan back to BESE.

Edmonds, in an attempt to give credence to Landry’s position, raised the point that Louisiana spends $12,153 per student which he said was $3,000 more than Texas and $2,000 more than Florida. He managed to get Superintendent of Education John White to acknowledge that the state ranks 46th in efficiency of funds spent on students.

And while saying there will likely be no new funds for early childhood education, Edmonds somehow managed to overlook the fact that Texas pays its state legislators $7,200 per year, less than ONE-THIRD of the $22,800 for Louisiana legislators.

That’s right: Louisiana spends $10,000 more per year on legislators to come to Baton Rouge to hobnob with lobbyists, to enjoy sumptuous meals at Sullivan’s and Ruth’s Chris than it does to education our children.

Let that sink in: $22,800 per legislator for a part-time job (and if they have to travel to Baton Rouge or anywhere else on state business, they get $164 per diem, plus travel expenses).

At the same time, we spend $12,153 per student.

It’d be pretty interesting to find a ranking of the state’s “efficiency of funds spent” on legislators.

Louisiana’s students are the second-poorest in the nation, White said, ahead of only Mississippi.

But what’s important is the tons of additional REVENUE many legislators earn as attorneys, accountants, etc., representing state and local governments. There are literally more hidden perks to being a legislator than could be listed here—and I have unlimited space.

But I digress. Landry, in order to bolster her disdain for public education in general and Gov. Edwards in particular, even called on Appropriations Committee Chairman Cameron Henry (R-Metairie) to address her committee on the $39 million proposal.

In case you might not be aware, if Henry had an alias, it would be: “Dedicated political enemy of John Bel Edwards, no matter what Edwards might propose.”

So, what it all boiled down to was the Republicans in the legislator led by Henry and Speaker Taylor Barras (R-New Iberia), unable to block the pay raises of $1,000 per year for teachers and $500 per year for support staff, were damn sure going to throw up as many roadblocks as they could for any additional funding for teachers—even at the cost of depriving local school districts desperately needed funds for resources and salaries.

At a press conference at the conclusion of Tuesday’s committee meeting, the Louisiana Public School Coalition urged BESE to stand firm on its MFP proposal and to push legislators approve it as is.

White showed how political loyalties can shift, even at full throttle. First appointed by Bobby Jindal and reappointed during the Edwards administration, he said, “The previous administration swung and missed badly” at early childhood education.

Even more revealing that the fate of the $39 million was sealed well in advance was the participation—or lack thereof—of committee members. Each of the five Democrats asked several relevant questions and made valid points while fewer than half of the nine Republicans had a word to say during discussion of a pretty important piece of legislation. And those who did speak, like Edmonds, did so only as a means of supporting Landry’s motion.

The others were strangely mute—almost as if they already had their marching orders from Landry, Henry and Barras.

And that’s how democracy in the gret stet of Looziana works.

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Will Wade reinstated! All is well at LSU (don’t tell Hatfield, van Heerden, Lombardi, Townsend, Cerise, Schaffer, et al)

Posted in Corruption, Courts, Ethics, Higher Education, Lawsuits, Legislature, Legislators, LSU, Media, Politicians, Transparency, TV News on April 16, 2019| 6 Comments »

LSU basketball coach Will Wade has been REINSTATED and all those Tiger Athletic Foundation (TAF) supporters can breathe a sigh of relief.

But does anyone even remember the shabby treatment of STEVEN HATFIELD by LSU? Did anyone ever protest the disgraceful manner in which he was shown the door? Well, a handful of SCIENTISTS did protest Hatfield’s firing, but who listens to scientists anyway? Certainly not Donald Trump.

Hatfield, for those who may not remember, was an expert on biological warfare who, along with about 30 others, found themselves on the FBI’s list of “persons of interest” in connection with its investigation of the 2001 anthrax attacks. Apparently, this honor was bestowed upon him because he had once passed through Fredrick, Maryland, where the anthrax envelopes were mailed from. Actually, he worked as a biodefense researcher for the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick in Frederick—enough to make him a “person of interest.”

Even though the FBI repeatedly said that Hatfill was not a suspect in the case, it nevertheless directed the university to prohibit Hatfill from participating in any projects financed by the Justice Department.

LSU meekly complied without asking the FBI for a shred of evidence. The university denied that its decision was influenced by the fact that LSU received substantial funds from the Justice Department for programs that trained law-enforcement and public health officials to handle bioterrorism attacks and similar crises.

Not satisfied with firing Hatfield, LSU went a step further in firing his boss, STEPHEN GUILLOT, director of the National Center for Biomedical Research and Training and the Academy for Counter-Terrorist Education.

And our legislators wonder why so many professors are looking at Louisiana in their rear-view mirrors.

Can you say “extortion”?

Hatfill had the last laugh, however, settling his LAWSUIT against LSU and the federal government for $4.6 million.

The odyssey of a former LSU BAND DIRECTOR got more ink than the injustices inflicted upon Hatfield.

The Baton Rouge SUNDAY ADVOCATE was liberally PEPPERED with stories SPECULATING with breathless anticipation the next steps for Wade and LSU. The gnashing of hands and wringing of teeth even carried over to Monday with yet another story that DICK VITALE had returned to a Baton Rouge radio show to discuss the monumental ongoing saga that, to rabid LSU fans at least, carries all the weight of say, the selection of a new Pope.

Yet, only minimal coverage was given to the manner in which LSU canned hurricane scientist IVOR VAN HEERDEN following his criticism of the U.S. Corps of Engineers because his public statements were “hurting LSU’s quest for federal funding across the board.”

Now that’s the humanitarian approach: go right for the bottom line.

The fact that van Heerden’s criticism was vindicated when tests of steel pilings revealed the very deficiencies, he had described that led to the levee breaches during Hurricane Katrina did nothing to prompt LSU to rush to reinstatement.

So, he did the obvious: he FILED SUIT filed suit against LSU in 2010 for wrongful termination.

LSU, if nothing else, is consistent. It doggedly defended the lawsuit, even after losing one key ruling after another until Jed Horne, a columnist for THE LENS, a New Orleans online news service, wrote:

Journalists and members of the LSU community who are aware of the ongoing persecution are disgusted and somewhat mystified that the university has chosen to go after van Heerden, rather than quietly settle this shameful case. It seems especially odd in light of the state’s increasing vulnerability to catastrophic storms and van Heerden’s proven expertise in anticipating their wrath—not to mention the high cost of protracted litigation as Gov. Bobby Jindal makes devastating cuts to the university’s budget.

Finally, after throwing $435,000 of taxpayer funds down a rat hole to defend the suit (benefiting no one but the state’s defense attorneys) LSU finally decided to settle in February 2013 for an undisclosed amount. Again, taxpayer dollars but this time the court concealed from public view the amount of the settlement, itself a disturbing trend when public dollars are involved.

While the local media in Baton Rouge have given extensive coverage to the travails of poor Will Wade (six-year, $15 million contract), not a nano-second of air time nor a single sentence has been devoted to the manner in which the LSU Dental School swept a multi-million-dollar scandal under the rug by firing the whistleblower who revealed that a joint replacement device developed by Dr. John Kent, head of the LSU School of Dentistry’s Oral and Maxillofacial Surgery Department, was defective. That the deficiencies resulted in excruciating pain and at least eight suicides wasn’t enough to prevent the department from ruining the career of DR. RANDALL SCHAFFER.

But thank God Will Wade has been reinstated.

Following drastic budget cuts to higher education in general and LSU in particular by the Bobby Jindal administration and his lap dog legislators, it was decided that LSU President JOHN LOMBARDI  John Lombardi had to go for his failure of leading LSU to its “true vision and leadership.” Lombardi had opposed some of Jindal’s PROPOSALS, a cardinal sin, it turned out.

One of the things that sealed Lombardi’s fate was his hesitancy to endorse the surrender of the LSU Medical Center via a contract containing 55 blank pages. The beneficiary of Jindal’s generosity, by the way, was a sitting member of the LSU Board of Supervisors who headed the outfit that took over University Medical Center in Shreveport. But no conflict there, apparently.

Also loath to approve the giveaway of one of the finest teaching hospital systems in America were LSU Health Care System head Dr. Fred Cerise and Interim Louisiana Public Hospital CEO Dr. Roxanne Townsend. On July 17, 2013, there was a meeting at which the privatization of the state’s system of LSU medical centers was pitched.

Both Cerise and Townsend were present at that meeting and both EXPRESSED THEIR RESERVATIONS. Members of the Board of Supervisors who were at the meeting “indicated they want LSU’s management to pursue this strategy,” according to a two-page summary of the meeting prepared by Cerise.

With days, two of the most respected members of the LSU medical community were gone. Fired.

But LSU has Will Wade back in the fold and all is well.

Following drastic budget cuts to higher education in general and LSU in particular by the Bobby Jindal administration and his lap dog legislators, it was decided that LSU President JOHN LOMBARDI had to go for his failure of leading LSU to its “true vision and leadership.” Lombardi had opposed some of Jindal’s PROPOSALS, a cardinal sin, it turned out.

And who could ever forget the humiliation the LSU Board heaped upon legendary football coach Charles McClendon by making the man wait in his car back in 1979 while the board decided his fate? He was canned because he couldn’t beat Bear Bryant. Well, guess what? No one else was beating the Bear either. If that is the barometer for a coach’s survival at LSU, then no coach’s job is safe as long at Nick what’s-his-name is at ‘Bama.

And the ham-fisted manner in which Athletic Director Joe (Duke lacrosse death angel) Alleva handled the LES MILES firing had all the delicacy and subtlety of Jack the Ripper.

But Will Wade is back and that makes everything okay.

Until the other shoe drops from the ongoing FBI investigation, as it almost surely will.

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