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Archive for the ‘Legislature, Legislators’ Category

It’s small wonder that Gov. Bobby Jindal wanted to get out of town quickly—he departed the state for an extended trip to Asia to recruit business and industry investment in Louisiana—given the flak he is receiving from the legislature and radio talk show hosts over his hiring of a consulting firm at a cost of $4.2 million to somehow magically find $500 million in state government savings. http://theadvocate.com/csp/mediapool/sites/dt.common.streams.StreamServer.cls?STREAMOID=sZuDzNJoJK2fudmeRm9FJpM5tm0Zxrvol3sywaAHBAlauzovnqN0Cbyo1UqyDJ6gE0$uXvBjavsllACLNr6VhLEUIm2tympBeeq1Fwi7sIigrCfKm_F3DhYfWov3omce$8CAqP1xDAFoSAgEcS6kSQ–&CONTENTTYPE=application/pdf&CONTENTDISPOSITION=Alvarez%20Marsal%20Government%20Savings%20Contract.pdfhttp://theadvocate.com/news/8045923-123/vitter-super-pac-raises-15

And that contract doesn’t even take into account Pre-Jindal recommendations by the firm that may ultimately end up costing taxpayers $1.5 billion which, of course, would more than offset any $500 million savings it might conjure up that the Legislative Fiscal Officer, the State Treasurer, the administration, the legislature and the Legislative Auditor have been unable to do, largely because of a time honored political tradition affectionately known as turf protection.

One might even ask, for example, why representatives of the consulting firm, Alvarez & Marsal, who somewhat smugly call themselves “efficiency engineers,” were wasting their time Friday at the gutted Office of Risk Management. Isn’t there already a promise of $20 million in savings on the table as a result of Jindal’s privatization of that agency four years ago? For just that one small agency, that’s 4 percent of the entire $500 million in savings Jindal is seeking through the $4 million contract. (The elusive $500 million savings, for the real political junkies, represents only 2 percent of the state budget.)

The Baton Rouge Advocate also got in on the act on Saturday with Michelle Millhollon’s excellent story that  noted that the actual contract contains no mention of a $500 million savings. http://theadvocate.com/home/8131113-125/vaunted-savings-not-included-in

That revelation which is certain to further antagonize legislators, including Senate President John Alario (R-Westwego) whom Jindal will now probably try to teague for his criticism of the governor’s penchant for secrecy.

Hey guys, your contract is only for four months, so why waste your time in an agency that supposedly is on the cusp of a $20 million savings? That ain’t very efficient, if you ask us.

Legislators immediately voiced their displeasure at the contract. “There’s a lot of people who don’t like it,” said Rep. John Schroder (R-Covington), a one-time staunch Jindal ally.

Rep. Tim Burns (R-Mandeville), chairman of the House Governmental Affairs Committee (if he hasn’t been teagued by now), said when the dust settles any cost cutting will ultimately be the responsibility of state officials. “Even the best PowerPoint presentation isn’t going to cut government,” he said. “The trick is to make the political choices.”

The contract raises immediate questions how Jindal, now entering his seventh year in office, could justify the move in light of his many boasts of efficiencies his administration has supposedly initiated.

Ruth Johnson, who is overseeing the contract for the Division of Administration, defended the deal with the simplistic and less than satisfactory logic that “Sometimes you have to spend money to save money.”

And while Jindal has indicated he wants a final set of recommendations in April, the contract runs through 2016, meaning the final cost could far exceed the $4.2 million Alvarez & Marsal is scheduled to receive for its review.

Jim Engster, host of a talk show on public radio in Baton Rouge, on Friday predicted during an interview with State Treasurer John Kennedy that Alvarez & Marsal’s final report will most likely bear an uncanny resemblance to the 400-plus-page interim report of Dec. 18, 2009, by the infamous Commission on Streamlining Government.

The hearings by that commission, you may remember, gave birth to the term teaguing, a favorite tactic employed by the Jindal administration when a state employee or legislator refuses to toe the line. A state employee named Melody Teague testified before that commission and was summarily fired the following day. Six months later her husband, Tommy Teague, was fired as head of the Office of Group Benefits when he was slow in getting on board the Jindal Privatization Express. Mrs. Teague appealed and was reinstated but her husband took employment elsewhere in a less volatile environment.

The Alvarez & and Marsal representatives have pleaded ignorant to questions of whether their report will draw heavily from the four-year-old commission report and even professed to not know of its existence.

A curious denial indeed, given that Johnson was also the ramrod over the streamlining commission during Jindal’s second year in office. Does she not share this information with the firm or was all that commission work for naught? Or part of Jindal’s infamous deliberative process? Curious also in that Alvarez & Marsal is specifically cited—by name—no fewer than six times in the report’s first 51 pages, each of which is in the context of privatizing the state’s charity hospital system. The report quoted the firm as recommending that:

  • “The governor and the legislature authorize and direct the LSU Health System to adopt the recommendations of Alvarez and Marsal for the operation of the interim Charity Hospital in New Orleans. The governor and legislature direct every other charity hospital in Louisiana to contract for a similar financial and operational assessment with a third party private sector consulting firm, such as but not necessarily Alvarez and Marsal, that specializes and has a proven track record in turnaround management, corporate restructuring and performance improvement for institutions and their stakeholders.”

That’s right. That is where the seed was apparently first planted for the planned privatization of the LSU Hospital system, even to the point of directing the LSU Board of Stuporvisors to vote to allow a Shreveport foundation run by one of the LSU stuporvisors to take over the LSU Medical Center in Shreveport and E.A. Conway Medical Center in Monroe. Alvarez & Kelly performed that bit of work under a $1.7 million contract that ran for nine months in 2009, from Jan. 5 to Sept. 30 (almost $200,000 per month).

Alvarez & Marsal also received a $250,000, contract of a much shorter duration (10 days) from Jindal on April 9, 2013, to develop Jindal’s proposal to eliminate the state income taxes in favor of other tax increases. That quickie, ill-conceived plan was dead on arrival during the legislative session and Jindal quickly punted before a single legislative vote could be taken

But Alvarez & Marsal’s cozy if disastrous relationship with state government goes back further than Jindal, even. http://www.alvarezandmarsal.com/case-study-new-orleans-public-schools It’s a relationship that could become one of the most costly in state history—unless of course, the state chooses to ignore a court judgment in the same manner as it has ignored a $100 million-plus award (now in the neighborhood of a quarter-billion dollars—with judicial interest) stemming from a 1983 class-action flood case in Tangipahoa Parish.

In fact, the state probably has no choice but to ignore the judgment as an alternative to bankrupting the state but that does little to remove the stigma attached to a horrendous decision to accept the recommendation of Alvarez and Marsal which subsequently was rewarded with a $29.1 million three-year state contract from April 4, 2006 to April 3, 2009 to “develop and implement a comprehensive and coordinated disaster recovery plan in the wake of Hurricane Katrina.”

In December of 2005, the Orleans Parish School Board adopted Resolution 59-05 on the advice of the crack consulting firm that Jindal somehow thinks is going to be the state’s financial salvation.

That resolution, passed in the aftermath of disastrous Hurricane Katrina was specifically cited in the ruling earlier this week by the 4th Circuit Court of Appeal that upheld a lower court decision the school board was wrong to fire 7,500 teachers, effective Jan. 31, 2006. The wording contained in the ruling said:

  • “In December 2005, the OPSB passed Resolution No. 59-05 upon the advice and recommendation of its state-selected and controlled financial consultants, the New York-based firm of Alvarez & Marsal. The Resolution called for the termination of all New Orleans Public School employees placed on unpaid “Disaster Leave” after Hurricane Katrina, to take effect on January 31, 2006.1 On the day that the mass terminations were scheduled to take place, Plaintiffs amended their petition to seek a temporary restraining order preventing the OPSB from terminating all of its estimated 7,500 current employees at the close of business on that day. The trial court granted the TRO and this Court and the Louisiana Supreme Court denied writs on the issue. The TRO was later converted into a preliminary injunction that restrained, enjoined and prohibited the OPSB, et al, from “terminating the employment of Plaintiffs and other New Orleans Public School employees until they are afforded the due process safeguards provided in the Orleans Parish School Board’s Reduction in Force Policy 4118.4.” Nevertheless, Plaintiffs and thousands of other employees were terminated on March 24, 2006, after form letters were mailed to the last known address of all employees of record as of August 29, 2005.”

The appellate court upheld the award of more than $1 million to seven lead plaintiffs in the case of Oliver v. Orleans Parish School Board but adjusted the lower court’s damage award, ordering the school board and the Louisiana Department of Education to pay two years of back pay and benefits and an additional year of back pay and benefits to teachers who meet certain unspecified requirements.

Immediately following Katrina, state-appointed Alvarez and Marsal set up a call center to collect post-Katrina addresses for a majority of staff members in time for the anticipated layoffs. But when the state began the hiring process for schools that had been taken over, the terminated employees were never called, prompting plaintiff attorneys to charge that the entire procedure was intentional and part of the state’s plan to take over the Orleans Parish school system.

Plaintiffs said that then-State Superintendent of Education Cecil Picard chose Alvarez & Marsal to prevail upon the school board to replace acting parish Superintendent Ora Watson with an Alvarez & Marsal consultant.

So, Watson was replaced, 7,500 teachers were fired, and the teachers sued and won, leaving the Orleans School Board and the state liable for a billion-five and the firm that started it all is hired by Jindal to find savings of an unspecified amount. What could possibly go wrong?

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Apparently Arkansas has ethics laws that are a bit stronger than those in Louisiana.

Lt. Gov. Mark Darr announced last week that he will resign, effective Feb. 1, in a move to avoid impeachment by the Arkansas House of Representatives after he was fined for 11 separate counts that included his personal use of more than $30,000 in campaign funds.

Earlier this year, Democratic State Sen. Paul Bookout also resigned after he was fined $8,000 by the State Ethics Commission for using thousands of dollars in campaign funds for personal purchases.

In that case, reports totaling more than 35 pages revealed that Bookout spent more than $5,000 alone on clothes and accessories at a Jonesboro, Ark., clothing store.

And then there is Martha Shoffner, the Democratic State Treasurer who resigned last May under pressure from both Democrats and Republicans and who was arrested the following month on 14 counts, including receipt of a bribe and extortion—not quite the same thing as using campaign funds for personal purposes, though we do have a legislator who awarded a $4 million contract to a firm when he was head of a state agency only to resign and go to work for the firm within weeks of signing off on the contract. He apparently continues to represent the company even while now serving in the legislature.

The personal use of campaign funds, while a common practice among Louisiana politicians, is apparently frowned upon in Arkansas to such an extent that even Darr’s fellow Republicans urged him to resign in the wake of his ethics problems.

Darr signed a letter on Dec. 30 in which he agreed to pay the Ethics Commission $11,000 in fines and to reimburse the state for findings in a legislative audit, which said he improperly spent $3,500 on his state credit card and then filed for an equal amount in travel reimbursements.

Remember back on Feb. 10, 2008, when Gov. Bobby Jindal signed Senate Bill 1 into law which, among other things, banned legislators and other state officials from contracting with the state?

SB-1, which became Act 2 with Jindal’s signature, was the centerpiece of the new governor’s agenda (he had been in office little more than a month at the time). “Today, we take the first step towards building a better Louisiana where our ethics laws are the gold standard,” he boasted as he signed the bill.

Well, not so much, it turns out.

Jindal’s “gold standard” removed enforcement from the State Ethics Board and gave it to some creature called the Ethics Adjudicatory Board whereby ethics cases are now heard by administrative law judges. Enforcement became such a joke that 10 ethics board members, including its chairman and vice-chairman resigned in disgust.

Today, we have a Teach for America (TFA) director serving on the Board of Elementary and Secondary Education (BESE) which administers funding for TFA, the BESE president voting on charter school matters while his sister serves as director of the state charter school association, another BESE member whose company has a multi-million contract with another state agency; a member of the LSU Board of Supervisors voting to turn over operations of the LSU Medical Center in Shreveport and E.A. Conway Hospital in Monroe to a foundation which he serves as CEO.

And worse, no one in a position to take appropriate action appears to want to step up to the plate.

Apparently, that “gold standard” in Louisiana means whoever has the gold sets the standard.

Campaign funds in Louisiana appear to serve as a handy slush fund for legislators who use the money for any purpose they wish—even, in one case, to pay a legislator’s federal income taxes not once, but for four straight years.

Take for example the Louisiana Election Code (Title 18:1505.2-I, paragraph 36 on page 36): “No candidate, political committee, person required to file reports under this chapter, nor any other person shall use a contribution, loan, or transfer of funds to pay a fine, fee or penalty imposed (by the State Ethics Board.)”

Yet The Louisiana Board of Ethics web page lists dozens of individual occasions in which ethics fines were paid with campaign funds. Some of these were paid by political action committees (The Alliance for Good Government paid $1,600 from its campaign funds and the Better Government Political Action Committee paid $5,000 from its campaign funds), some by lobbyists and these, by current or former legislators:

  • Rep. James Armes, III (D-Leesville)—$2,600 (two fines);
  • Rep. Roy Burrell (D-Shreveport)—$2,000;
  • Former House Speaker Charles DeWitt (D-Alexandria)—$5,000;
  • Former Rep. Tom McVea (R-St. Francisville)—$720;
  • Former Sen. Walter Boasso (D-Chalmette)—$1,000;
  • Former Rep. Irma Muse Dixon (D-New Orleans)—$600;
  • Former Rep. Dale Sittig (D-Eunice)—$800;
  • Former Sen. Joel Chaisson, II (D-Destrehan)—$5,000 (two fines);
  • Sen. Richard Gallot (D-Ruston)—$1,000.

But the real eye-opener is the list of more than 50 legislators and former legislators who had expenditures for LSU athletic season and individual game tickets, New Orleans Saints, Sugar Bowl, Jazz/Pelican and NCAA event tickets and in some cases, vehicle leases (including Senate President John Alario, who leased a Jaguar for his use) and gasoline purchases and even federal income tax payments. Here are a few examples of current members of the House and Senate who have dipped into campaign funds to pay for athletic event tickets that total more than $500,000 (car leases, gasoline, travel, parking and other personal expenditures are in parenthesis):

  • Rep. Neil Abramson (D-New Orleans)—$12,200 in 2009, 2011 and 2012 (Abramson also spent an additional $13,563 on legislative travel, airline tickets, Washington, D.C., Mardi Gras events and hotel fees in New York);
  • Senate President John Alario (R-Westwego)—$88,441 in 2009, 2010, 2011, 2012, and 2013 on athletic and Jazz Fest tickets, $62,365 in auto lease payments from 2009 through 2012 (Jaguar), another $12,000 for fuel, more than $16,000 in meals during that same time frame, more than $10,000 on entertainment, $13,840 in rent for his Pentagon Barracks apartment in Baton Rouge; $1,200 for cable TV for his Pentagon Barracks apartment;
  • Rep. John Anders (D-Vidalia)—$9,142 in 2009, 2010 and 2011;
  • Rep. James Armes, III (D-Leesville)—$11,688 in 2008, 2010 and 2011;
  • Rep. Jeff Arnold (D-New Orleans)—$3,000 in 2011;
  • Rep. John Berthelot (R-Gonzales)—$7,770, all in 2011;
  • Sen. Sherri Smith Buffington (R-Keithville)—$10,798 in 2009, 2010 and 2011;
  • Rep. Thomas Carmody, Jr. (R-Shreveport)—$11,556 in 2009, 2010 and 2011;
  • Sen. Karen Carter Peterson (D-New Orleans)—$3,738 in 2009 and 2010;
  • Sen. Norbert Chabert (R-Houma)—$3,015 in 2010;
  • Rep. Patrick Connick (R-Marrero)—$25,026 (Connick also paid $5,073 in lease payments for an Infiniti automobile in 2010, 2011 and 2012 and also paid $2,107 for lodging at the Baton Rouge Hilton Hotel;
  • Rep. George Cromer (R-Slidell)—$14,228 in 2008 2009, 2010, 2011 and 2012 (Cromer also paid $1,709 to the Sandestin Hilton on Aug. 3, 2008, for a Louisiana Forestry Association meeting and eight days later paid himself $1,500 for “expenses Hilton Hotel—hotel $969, mileage $285 and food and drink $250” and he paid $1,254 to the Hilton Washington for expenses for the Washington Mardi Gras in January of 2009. He also paid two New Orleans hotels a combined $1,141 for lodging for a legislative retreat and for a freshman retreat. He also paid himself a $500 cash advance for that 2009 Washington Mardi Gras;
  • Rep. Herbert Dixon (D-Alexandria)—$2,750 in 2011 (Dixon also paid $1,593.26 out of his campaign funds for hotel bills in Phoenix, Arizona, and Chicago.);
  • Rep. Brett Geymann (R-Lake Charles)—$1,500 in 2008 (he paid another $10,500 in rent for a Pentagon Barracks apartment in Baton Rouge);
  • Rep. Hunter Greene (R-Baton Rouge)—$6,394 in 2010 and 2011;
  • Rep. Frank Hoffman (R-West Monroe)—$11,106 in 2008, 2010 and 2011;
  • House Speaker Charles Kleckley (R-Lake Charles)—$17,492 in 2008, 2009, 2010 and 2011;
  • Rep. Bernard LeBas (D-Ville Platte)—$11,316 in 2009, 2020 and 2011;
  • Sen. Dan Martiny (R-Metairie)—$69,529 from 2002 through 2012 (Martiny also spent $12,351 on travel and another $12,976 for rent and furniture for his Pentagon Barracks apartment in Baton Rouge);
  • Sen. Jean Paul Morrell (D-New Orleans)—$8,043 in 2007, 2009, 2010 and 2011;
  • Rep. James Morris (R-Oil City)—$2,735 in 2009;
  • Sen. Dan Morrish (R-Jennings)—$2,978 in 2009;
  • Rep. Kevin Pearson (R-Slidell)—$20,660;
  • Sen. Jonathan Perry (R-Kaplan)—$16,653 in 2009, 2010 and 2011;
  • Rep. Stephen Pugh (R-Ponchatoula)—$5,900, all in 2011;
  • Rep. Jerome Richard (I-Thibodaux)—$2,678 in 2009;
  • Sen. Neil Riser (R-Columbia)—$2,000 (Riser spent an additional $8,138.84 in 2012 for his personal vehicle, another $6,656.86 for fuel for the vehicle, $1,013.67 to Riser & Son Funeral home—his business—in Columbia for reimbursement for purchase of an I-Pad, and $1,005.72 for insurance coverage on his truck;
  • Rep. Joel Robideaux (R-Lafayette)—$19,756 in 2004, 2005, 2006 2009, 2010, 2011 and 2012;
  • Rep. John Schroder (R-Covington)—$1,708 in 2009;
  • Sen. Gary Smith (R-Gonzales)—$14,952 in 2007, 2008, 2009, 2010 and 2011;
  • Rep. Regina Barrow (D-Baton Rouge)—$5,238 in 2008 and 2009;
  • Rep. Roy Burrell (D-Shreveport)—$6,100 in 2010 and 2011;
  • Rep. Patrick Connick (R-Marrero)—$8,448 in 2008, 2010 and 2011;
  • Rep. Mike Danahay (D-Sulphur)—$11,386 in 2008, 2009, 2010, 2011 and 2012;
  • Sen Daniel Martiny (R-Metairie)—$7,466 in 2007, 2009 and 2011;
  • Rep. Jack Montoucet (D-Crowley)—1,010 in 2010;
  • Sen. Kevin Pearson (R-Sulphur)—$3.010, all in 2010;
  • Rep. Harold Ritchie (D-Bogalusa)—$810 in 2005;
  • Rep. Alan Seabaugh (R-Shreveport)—$8,075 in 2011 and 2012 (Seabaugh also spent $1,309.74 for a hotel stay for an American Legislative Exchange Council (ALEC) conference in Baton Rouge in 2011;
  • Sen. Francis Thompson (D-Delhi)—$11,958 in 2009, 2010 and 2011(Thompson also paid $3,456 for hotel rooms on three trips to Sandestin Beach Golf Resort in 2009, 2010 and 2012, ;$11,958 in gasoline and auto insurance for those same years and $2,725 in dues to the Delhi Country Club and the Black Bear Golf Course. Even more curious, he $11,367 from his campaign funds for his federal income taxes for the years 2008 through 2011;
  • Sen. Mike Walsworth (R-West Monroe)—$1,785;
  • Sen. Bodi White (R-Central)—$5,858 in 2009, 2010 and 2011 (White also spent $2,543 on hotel stays in Destin, Fla., and in Washington, D.C. and another $1,398 on air travel to Phoenix and Atlanta;

Former Rep. Noble Ellington who spent $32,380 of his campaign funds since 2007 on athletic event tickets, more than $8,000 of which was spent in 2011 when he did not seek re-election. He spent another $40,755 in rent payments for his Pentagon Barracks apartment and another $2,400 attending meetings of the American Legislative Exchange Council (ALEC), of which served as national president during his last year in office.

Ellington, within weeks of leaving office, was named the second in command at the Louisiana Department of Insurance at $150,000 per year, a position which will greatly enhance his retirement benefits at the same time Gov. Jindal is asking state employees to work longer, pay more in employee contributions and accept fewer benefits.

Other former legislators who found no problem soliciting campaign contributions from supporters and to use the money for LSU athletic tickets and other personal expenditures included:

  • Former Rep. Bobby Badon (D-Carencro)—$8,448 in 2008, 2010 and 2011;
  • Former Rep. Damon Baldone (R-Houma)—$8,865 in 2007, 2008, 2010 and 2011;
  • Former Sen. Nick Gautreaux (D-Meaux)—$3,060 in 2010;
  • Former Rep. Walker Hines (R-New Orleans)—$5,688 in 2010;
  • Former Sen. Mike Michot (R-Lafayette)—$14,797 in 2008, 2009, 2010 and 2011;
  • Former Sen. Rob Marionneaux (D-Maringouin)—$6,075 in 2010 and 2011;
  • Former Rep. Billy Montgomery (R-Bossier City)—$4,075 in 2011 (Montgomery has not served in the legislature since 2008.);
  • Former Rep. Ricky Templet (R-Gretna)—$8,638 in 2009, 2010 and 2011;
  • Former Rep. Ernest Wooton (R-Belle Chasse)—$4,755 in 2009 and 2011;
  • Former Rep. Troy Hebert (D-Jeanerette)—$10,425 in 2009, 2010 and 2011 (Hebert also $1,505.70 for lodging at a Hilton Hotel in Washington, D.C., and $691.80 on an airline flight to Washington in 2010, and  $500 at the Hotel Monteleone in New Orleans, which he listed as a “donation” in 2011;
  • Former Rep. Nickie Monica (R-Metairie)—$9.670 in 2008, 2009, 2010 and 2011;

Some of the current and former legislators listed their expenditures as “donations,” but the “donations” often were in multiples of $1,010: $1,010, $2,020 and $3,030, which correspond to the price of LSU tickets. Interestingly, other legislators listed identical amounts, but their reports said the expenditures were to purchase LSU tickets which would seem to make the donations claim appear somewhat duplicitous.

And apparently there is no inclination—or desire—on the part of the legislature to enact appropriate legislation to keep such rampant abuses in check.

Rank indeed has its privileges.

And what Louisiana’s legislators get away with is pretty damned rank.

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“My service as vice chair of the Labor & Industrial Relations Committee in no manner alters my duties or the constraints placed upon me under the Code of Governmental Ethics.”

—State Rep. Chris Broadwater (R-Hammond), in an email letter to LouisianaVoice last year. Broadwater, former Director of the Louisiana Office of Workers Compensation (OWC), took a job in 2010 with a company that was awarded a $4.2 million contract by OWC only weeks before his resignation.

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The vice chairman of the House Labor and Industrial Relations Committee who once oversaw the Louisiana Workforce Commission’s (LWC) Office of Workers Compensation (OWC) went to work for a consulting firm within weeks of his office’s awarding a $4.2 million contract to the firm, LouisianaVoice has learned.

State Rep. Chris Broadwater (R-Hammond) served as OWC director and concurrently as interim executive council for the executive director of the LWC, previously known as the Department of Labor.

He announced his resignation as OWC Director in an email to a number of recipients on Oct. 28, 2010, with his resignation to become effective on Nov. 12, 2010.

A $4.28 million contract with SAS Institute to deploy a contractor-hosted fraud detection software platform was approved on Oct. 7, just three weeks before his resignation. The contract was made retroactive to Aug. 31, 2010 and expired on Aug. 30, 2013.

“Today I have tendered my resignation as the Director of the Office of Workers Compensation, effective Nov. 12, 2010,” his email said. “I will be returning to the private sector to work primarily in the area of governmental relations.”

A LouisianaVoice story last July said that Broadwater resigned in February of 2011 but the email, which surfaced just last week, indicates he left OCW three months prior to that. https://louisianavoice.com/2013/07/10/vice-chair-of-house-labor-committee-represents-insurance-clients-before-office-of-workers-comp-that-he-once-headed/

He went to work for the Baton Rouge law firm of Forrester and Dick and his curriculum vitae linking him to SAS later appeared as part of an SAS application for a contract with the state of Minnesota. WorkersCompSAS (PAGE 29)

That CV cited his work with Forrester & Dick since 2010 and touted his work with LWC from 2008 to 2010, his serving as Chairman of the Governor’s Advisory Council on Workers’ Compensation and as Chairman of the Louisiana Workers’ Compensation Second Injury Board during that same time period.

Broadwater was first elected to the Louisiana House of Representatives in 2011 and was immediately made vice chairman of the House Labor and Industrial Relations Committee. Last October, he appeared on a video in which he hyped the services of SAS Institute during its Business Leadership Series in Orlando. http://www.allanalytics.com/video.asp?section_id=3427&doc_id=269491#ms.

LouisianaVoice over the past week twice sent emails to Broadwater asking who paid his travel, lodging and meal expenses for attending that Orlando conference. Those emails read: “Rep. Broadwater, could you please tell me if you attended the SAS Business Leadership Series event in Orlando last October and if you did, who paid your travel, registration, lodging and meal expenses?”

Read receipts indicate he opened both emails, but he never responded.

In a four-minute video made during the leadership conference, Broadwater provided a background in problems OWC was having with fraudulent claims and the decision to contract with SAS. He said the firm “was able to take a state that was data rich and solutions poor and compile all of that data in a single location so that we could then have multiple applications.”

In the video, he said that while Louisiana has used SAS to address fraud, “we’re starting to move into an area in Louisiana where we evaluate our accounts receivable. “In Louisiana we had about $8 billion in outstanding accounts receivable that were less than five years old. When we’re running an annual deficit in our budget of about $1.5 billion, it makes sense instead of raising taxes or eliminating some tax credits or tax for businesses that drive the economy or cutting services to existing citizens, let’s go collect the money that’s owed to us anyway.”

Broadwater also represents three clients, Qmedtrix ($275 per hour), the Louisiana Home Builders Association, and LUBA Worker’s Compensation ($135 per hour each) in matters pending before his old agency, according to documents filed with the State Board of Ethics in December of 2012.

Moreover, Broadwater has attended meetings between Qmedtrix and Wes Hataway, his successor as director of OWC, to discuss the disposition of numerous cases involving Qmedtrix. Those discussions centered around efforts to get the cases stayed and transferred to another judge, according to supervisory writs filed with the Third Circuit Court of Appeal in Lake Charles last March in the case of Christus Health Southwest Louisiana, dba Christus St. Patrick Hospital v. Great American Insurance Co. of New York.

That writ application concerns procedures and conversations which took place involving numerous pending workers’ compensation cases. “In what may be the pinnacle of irony,” the writ application says, “Mr. Broadwater actually disclosed this ex parte meeting on his state ethics disclosure form.”

The writ application cited Broadwater’s own comment from the disclosure form: “Met with Director of OWC discussing process of resolving disputes over medical billing.”

Broadwater admitted to meeting with Hataway “three or four times in person” (always with a Qmedtrix attorney present) and speaking with him 10 or 15 times on the phone.

Broadwater, in an email letter to LouisianaVoice, said he has never received compensation from a private source for the performance of his legislative duties. He said he approaches his duties as an attorney and as a legislator “with humbleness and with the highest sense of honor and ethical behavior.”

He said state statute “prohibits me from receiving compensation from a source other than the legislature for performing my public duties, from receiving finder’s fees, from being paid by a private source for services related to the legislature or which draws substantially upon official data not a part of the public domain.

“My service as vice chair of the Labor & Industrial Relations Committee in no manner alters my duties or the constraints placed upon me under the Code of Governmental Ethics,” he said.

And while technically correct in his assertions, his employment with a state contractor only weeks after approval of that $4.2 million contract and his continued close association with the head of his old agency in discussions of the outcomes of pending cases do tend to bring into question the propriety of his involvement in those matters.

His negotiations with his old agency while simultaneously serving as vice chairman of the legislative committee that oversees that agency coupled with his representation of SAS in Minnesota and in Orlando do seem to suggest a relationship that is less than arms-length and one that at least skirts the edge of serious ethics questions.

And his refusal to reveal the identity of the person or entity that paid his expenses does nothing to alleviate growing concerns over the coziness between public officials and current or former employers. And it certainly does little to foster confidence in the Louisiana Board of Ethics that Gov. Bobby Jindal successfully gutted six years ago.

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“If I closed my mind when I saw this man in the dust throwing some bones on the ground, semi-clothed, if I had closed him off and just said, ‘That’s not science, I am not going to see this doctor,’ I would have shut off a very good experience for myself and actually would not have discovered some things that he told me that I had to do when I got home to see my doctor.”

—State Sen. Elbert Guillory (R/D/R-Opelousas), defending Louisiana’s Science Education Act, the 2008 law that allows creationism to be taught in public school science classrooms during a Senate Education Committee hearing last May. 

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