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

And why?

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

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

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

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

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

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

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

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

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

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

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

Simple enough.

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

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

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

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

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

Wow. What a legal mind.

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

You can check that box “No.”

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

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

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

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

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

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

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

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

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

“R.S. 44:1 defines a public record as: ‘…having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state…’

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

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

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

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

“…The contents of (Harrison’s) letter speak for itself….The origin of a document is not the determining factor as to its nature as a public record. The purpose of the record is the only determining factor. Whether the letter was or was not ‘composed on state letterhead, on a state computer, printed on a state-owned printer and mailed in state-issued envelope(s) does not, per force, create a public record. If the letter were concerning ‘any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state,’ then such a letter is a public nature,” he said.

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

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

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

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

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

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

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

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

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

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If public humility is your thing, all you have to do is appear before a state legislative committee or state commission unprepared to provide answers to even the most basic of questions.

That’s what happened last Friday in two separate legislative committee rooms during meetings of the State Bond Commission and the Joint Legislative Committee on the Budget (JLCB) during discussions of capital outlay projects and BA-7 requests, respectively.

BA-7s are budget request forms used to make changes in revenues and/or expenditure line items during the year. Agencies submit them to the Division of Administration (DOA) Budget Office and if approved there, they are placed on the monthly agenda of the JLCB for consideration.

Bond Commission Chairman State Treasurer John Kennedy was particularly rankled over the shifting of construction projects to be replaced by $5 million in capital improvements to the LSU Health Sciences Building in Shreveport which is being taken over by Biomedical Research Foundation of Northwest Louisiana (BRF).

After Mark Moses of State Facility Planning and Control submitted changes to the commission, Kennedy said, “In July, you said the list was top priority and shovel ready. Now you’re saying they are not. What changed?”

“Cash flow needs have changed,” Moses said. “We’re shifting money. Eighteen projects are complete and on 76 others, there has been no activity and if the need is not there, we shift the dollars.”

“Why did you say in July that they were top priority?” Kennedy asked again. “The problem is if we replace them with something else, the original projects go to the back of the line. We’re shutting 90 projects down even though we have already spent money on some of them and now we’re sending those projects to the back of the line.”

Kennedy then launched into his ongoing criticism of the privatization of the Louisiana Medical Center at Shreveport and E.A. Conway Medical Center in Monroe. “We’re making $5 million in capital improvements to the Health Science Center. Who’s going to own that?”

Liz Murrill, DOA chief legal counsel, said, “We own the building. They (BRF) are leasing it.”

“We’re spending $4.8 million on scanner clinical and research imaging equipment for Biomedical Research Foundation…”

“This is a non-state entity. The dollars are being used for a public purpose,” Murrill said.

“Like an NGO (non-government organization)? We’re just giving it to them?”

“We’re providing money for this piece of equipment,” she said.

“Do we require them to file quarterly reports?”

“It’s contemplated it will be used for a public purpose,” she said, failing to answer his question.

Kennedy then asked if the legislative auditor would be able to audit the expenditure of the funds to which Murrill said, “I assume so, just as with any capital outlay projects.”

“One of the conditions of the agreement is there would be no public record,” Kennedy said, referring to a clause in the certificate of agreement between the LSU Board of Stuporvisors and BRF which says, “Financial and other records created by, for or otherwise belonging to BRF or BRFHH (BRF Hospital Holdings) shall remain in the possession, custody and control of BRF and BRFHH, respectively,” and that “such records shall be clearly marked as confidential and/or proprietary,” and thus protected from Louisiana public records laws.

“A public record is a public record,” Murrill said somewhat tentatively. “We have procedures to decide what is public record.”

“Who decides what’s public?” Kennedy asked.

“It depends on who gets the request.”

“Do you have a problem adding a condition to these purchases on the legislative auditor’s being able to audit the purchases?”

“I think that’s the case now,” Murrill said.

“Why are we buying this for the Biomedical Center instead of LSU?” Kennedy asked.

Mimi Hedgecock of the LSU School of Medicine—and formerly Jindal’s policy advisor—said the purchase was part of the partnership with BRF prior to the certificate of agreement between LSU and BRF.

“Is it accurate to say we have not picked an operator of the hospital yet?” Kennedy asked. “The testimony before the Louisiana Joint Budget Committee was they (BRF) were going to pick an operator. We’re entering a 99-year lease and don’t know who is even going to run the facility. The legislature has no say. How can we audit if we don’t know who’s running it? We can’t audit HCA (Hospital Corp. of America).

“This makes a mockery of the capital outlay procedure,” Kennedy said. “You’re supposed to be building a priority of projects. In July, you cam to us and said these projects were absolutely top priority and (were) shovel ready. Now they’re not shovel ready or top priority. Now we have new projects and these projects are going to the back of the line. I don’t think this is a good way to do business.”

Joint Budget Committee

Things got even testier at the Joint Budget Committee, thanks to the amateurish performance of witnesses appearing on behalf of the Recovery School District (RSD), just another ongoing embarrassment for the Louisiana Department of Education (DOE).

The fun began when committee member Jim Fannin (R-Jonesboro), who also serves as House Appropriations Committee chairman, questioned RSD’s claim to having $34 million in self-generated funds for the projects it was submitting.

“Explain how you self-generated $34 million,” he said. “It’s unusual for RSD to self-generate that many dollars.

The breakdown given was $27.13 million in new market tax credits, $3.37 million from insurance proceeds and $4.05 million from Harris Capital funding for construction of Wheatly and McDonough 42 schools.

Fannin responded that the way the budget was presented was “confusing.” He said he was seeing too many “other” expenditures on the BA-7 submitted by RSD. “You have legal expenses of $800,000,” he said. “I never saw legal expenses of $800,000 to rebuild two schools.”

“Those legal fees pay for 82 schools—the entire master plan,” said RSD spokesperson Annie Cambre.

But it was Sen. Ed Murray (D-New Orleans) who peppered the RSD types with a barrage of withering questions—withering because the RSD representatives were woefully ill-prepared with answers much as State Superintendent John White has been since his appointment in January of 2012.

Murray asked about the expenditure of $375,000 in funds for engineering and architectural costs before RSD had authority to spend the money. “Are we using any of this $375,000 to pay them already?” he asked.

“Most were paid from multiple fund sources,” responded a young, unidentified red-headed RSD representative who more resembled a high school FBLA member than a public education professional.

“Let me ask my question again,” Murray said. “Are we using any of this $375,000 to pay them already?”

“For some of them, yes. Some are eligible from FEMA, some not,” said Red.

“Then why are we just now getting this request if we’re already using the money?”

“We already had some authority but we just realized we need additional authority.”

Murray, beginning to show his exasperation, then asked, “How much of the $375,000 have we spent so far?”

“I don’t know,” said Red. “I can get that for you.”

“It disturbs me that we’re spending money without authority to do so,” Murray said. “Let’s go to the legal expense of $800,000. How much of that have we spent?”

“Again, I don’t have that exact number,” said Red. “I can get that for you.”

“Mr. Chairman,” Murray said to committee Chairman Jack Donahue (R-Mandeville), “can we get them to come back next month when they have answers?”

“That would seem appropriate,” said Donahue. “There’re a lot more questions than answers.”

Bordelon, in a last-ditch effort to salvage the request said, “It’s important that everyone understand the timing of the Wheatly-McDonough projects. There will be several thousand students affected by any delay. The New Market tax programs and closing times are specific. Timing is of the essence.”

“We’d like to help you guys,” Donahue said, “but when you come here you don’t have sufficient information to answer questions. I don’t know how you think we can approve something when you can’t answer questions about the money you’re asking for that you’ve already spent and how many dollars are involved.”

“We were utilizing previously granted authority,” Bordelon said.

“I appreciate that,” Bordelon said, “but on the other hand, you’re already spending it and didn’t come for authority to do that until you started spending the money. And when members ask how many dollars have already been spent, and you can’t answer, that’s a problem.”

“It was my understanding we were operating under previously granted authority,” Bordelon persisted.

“That’s not what was said,” Bordelon said. “That was not the testimony. The testimony was you were already spending that money but you don’t know how many dollars were spent.”

Murray’s motion to defer action until next month passed unanimously and Murray then had one last word of advice to Bordelon.

“You say this is going to affect ‘several thousand students.’ I’m pretty familiar with Wheatly and McDonough 42. You don’t have several thousand students in those two schools. We want you, when you come before this committee, to tell us accurate information.”

Sen. Dan Claitor (R-Baton Rouge) added, “When you come back, be prepared to discuss the oddly round legal expenses and issues related to that.”

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Another day, another embarrassing SNAFU on the part of John White and his dysfunctional Louisiana Department of Education.

For that matter, you may have to include our favorite Department of Education (DOE) administrator, Lefty Lefkowith, when handing out the stink weed bouquets for the department’s infamous course choice program.

That’s the program Lefkowith was being paid $146,000 a year to set up and run between his weekly commute to and from Los Angeles.

Now, thanks to the superb digging of the Monroe News Star’s Barbara Leader, we learn that athletic scholarship for Louisiana university students may be in jeopardy because the NCAA has not approved 17 of the 19 course choice providers for Louisiana college athletes.

Uh-oh. Just another day of putting out brush fires at DOE. Remember New Living Word School in Ruston? That was the school initially approved by DOE for 315 vouchers last year despite the fact it had no classrooms, no desks and insufficient staff.

Of course, if you read the department’s Course Choice Overview and Fact Sheet, you read on the very first page that “Course providers had to pass an intensive four-step selection process.”

House Concurrent Resolution 153 by Rep. Patrick Jefferson (D-Homer) and Sens. Mike Walsworth (R-West Monroe) and Francis Thompson (D-Delhi) during the 2013 legislative session urged the Board of Elementary and Secondary Education (BESE) “to study issues relative to the enrollment of students by course providers and the approval of course providers…”

That resolution noted that the DOE website “states that course providers must ‘pass an intensive four-step selection process’…”

Despite that four-step process and DOE’s “rigorous review” which began in August of 2012, Leader said an email last month from DOE Director Ken Bradford to White indicated that 17 of the 19 listed providers were not NCAA-approved. http://www.thenewsstar.com/article/20131018/NEWS01/310180037

Course Choice, overseen at one time by Lefkowith, who works only four days a week at a salary of $146,000, allows high school students who attend a C, D or F-ranked school to enroll in online courses from state-approved private providers if their schools do not offer courses needed for them to graduate.

White told Leader on Friday that virtual classes offered by providers are often used by athletes to complete high school academic requirements. Eligibility problems have never arisen in the past, he said.

That was then. This is now.

Bradford, in his email, said, “Just wanted to put this on your radar. The Choice Academic team is working with our providers to ensure they get approval/authorized with the NCAA for their core offerings. Doomsday scenario for us is that a kid takes a course, gets a scholarship and then walks on to (sic) campus and NCAA will not clear him and the scholarship is in jeopardy.”

Somehow, John White, BESE and doomsday scenario just seem to go together.

Not to diminish the damage this would inflict on affected players, but if this little crisis du jour ends up costing the eligibility of key LSU players or worse yet (in the hearts and minds of Tiger football fans, anyway), causes LSU to forfeit any or all of its wins, the fecal matter will surely hit the oscillating air redistribution device. And the collateral damage might even be felt up on the fourth floor of the State Capitol.

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“Proposed law creates the Louisiana Health Insurance Exchange in the Department of Insurance. Provides for the powers, duties, functions, responsibilities and obligations of the Exchange.”

—The Digest of Senate Bill 307 of the 2007 Louisiana Legislature by then-State Sen. Bill Cassidy. The bill, had it passed, would have created a Louisiana version of ObamaCare while Barrack Obama was still a U.S. Senator from Illinois and more than a year before he was elected President.

“The House has repeatedly passed legislation to fund the government and protect millions of American families from the devastating effects of Obamacare.”

—Sixth District Congressman Bill Cassidy, in a prepared statement on Tuesday, Oct. 1 about the government shutdown.

Could there be a reason that public opinion of Congress is at an all-time low?

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For pure political expedience, one would be hard-pressed to top the example set by Sixth District Congressman Bill “Newt” Cassidy (R-Louisiana).

Cassidy was among those House members who sold their souls by voting with the Tea Party on its crusade to overturn the Affordable Health Care Act, otherwise known as Obamacare.

And let’s not give Gov. Bobby Jindal a pass on this, either. While he had nothing to do with the action—or inaction—of Congress, he has remained strangely quiet on the shutdown of the federal government, a move that will adversely affect countless numbers of federal employees, social security applicants and disability recipients, to name just a few.

Even Arkansas Gov. Mike Beebe, a Democrat, had the decency to at least issue a public statement, saying, “The inability of Congress to do its most basic job will put many Arkansans out of work and leave Arkansas children in peril.

“…It will greatly hinder the ability of the Arkansas Department of Human Services to investigate claims of child abuse and neglect,” he said. “More than 85,000 meals for Arkansas children will not be provided and protection for nursing home residents will be reduced.”

In addition, he said 2,000 newborn babies “will not receive infant formula through the Department of Health’s WIC program. That number includes more than 300 special-needs babies who soon run out of special formula they can only receive through a certified program like WIC.”

Beebe said as many as 2,000 state employees will be furloughed and if the shutdown is sustained, that number could be much larger. “It also hurts our local and state economies (and) that economic damage will be compounded by the furlough of federal employees in Arkansas, as well.”

Jindal, meanwhile remains mute. Except, that is, when the federal government happens to step on his delicate toes as with the litigation that has thrown a monkey wrench into his school voucher plan. Oh, can he wail and whine when his own agenda is threatened. But when the Tea Party-Cassidy crowd throws the metaphoric pie in the face of Obama, he remains mute.

Even when the collateral damage of that juvenile pie-throwing tantrum adversely impacts millions upon millions of American families, he remains mute.

Where is our state leadership? Shouldn’t Jindal, as with his counterpart in Arkansas, at least be paying lip service to the potential suffering of Louisiana citizens? Instead, he chooses to ignore the shutdown in much the same manner that he ignored that expanding Bayou Corne sinkhole in Assumption Parish.

But we digress.

Let us return to Cassidy, who, with his strategy, may have just given U.S. Sen. Mary Landrieu the momentum she needs to withstand his challenge in 2014.

That’s right. Cassidy’s behavior with ObamaCare can best be described as pandering to everything anti-Obama. While somewhat short of grandstanding, his actions are certainly of an ulterior, self-serving motive.

It ain’t pretty when you are so blatantly hypocritical.

Hypocritical?

Yep.

It’s not that we’re giving the rest of the state’s Republican congressional delegation, including U.S. Sen. David Vitter a pass, either. They are complicit in this mess as well.

But we have a special reason for singling out Cassidy.

Let’s flash back to 2007, his freshman year in the Louisiana Senate. He won the seat in a special election in 2006 to succeed former Sen. Jay Dardenne who had been elected Secretary of State. (Darden is now Lieutenant Governor and has voiced his intention to run for Governor in 2015.)

The year 2007 is important in the brief political career of Cassidy. That was the year he introduced Senate Bill 307 http://www.legis.la.gov/legis/ViewDocument.aspx?d=427610&n=SB307

And just what was SB 307?

While not nearly as voluminous as the Affordable Health Care Act passed by Congress, SB 307 (all of 22 pages) would have created the Louisiana Health Insurance Exchange and the Office of the Louisiana Health Insurance Exchange within the Department of Insurance.

The intent of SB 307 was to allow individuals to shop for the best insurance plan for them and at the same time would have offset the cost of health insurance premiums for Louisiana’s low-income citizens by providing tax credits (Jindal’s gift of choice for business and industry) in order to make their insurance more affordable.

Cassidy said at the time the intent of his bill was to create a statewide Health Insurance Exchange to lower premiums and administrative costs and to allow flexibility in which benefits workers might choose.

He also said his plan would allow for the portability of health insurance, thus allowing workers to keep their insurance if they switched jobs—all while emphasizing public health and preventative care as a means of lowering overall health care costs.

In other words, what Cassidy, a physician, was proposing was passage of the state version of Obama Care—before many people had ever heard of Barack Obama, then still a freshman U.S. Senator from Illinois and still considered a long shot at defeating Hillary Clinton for the Democratic presidential nomination.

The merits—or lack thereof—of ObamaCare aside, suffice it to say that Cassidy was a supporter of the concept long before the idea made its way into the national debate.

So what changed between then and now?

Political expediency—nothing more, nothing less. There was nothing ideological about it. Principles never once entered into the equation.

Mary Landrieu, the incumbent whom Cassidy is challenging, voted for ObamaCare.

Accordingly, if he is running against her, he must attack at her most vulnerable point: the politically and emotionally charged issue of Obamacare.

But never forget that like John Kerry, who was for the Iraq war before he was against it, Cassidy was for ObamaCare before he was against it—when it was CassidyCare.

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