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Archive for the ‘Legislature, Legislators’ Category

Office of Alcohol and Tobacco Control (ATC) Director Troy Hebert, one of those former legislators to whom Piyush Jindal appointed to a six-figure state job, made a big production this week of his so-called “audit” of personal use of state cell phones by agents working under him.

Hebert, of Jeanerette, resigned from the State Senate in November of 2010 to accept the appointment as ATC director at $107,000 per year and has conducted a reign of terror in the ensuing two years.

While Hebert claims that only a half-dozen or so employees have left his agency, a survey by LouisianaVoice learned that the number was closer to 50. Some of those were fired only days after being hired by Hebert while others quit out of disgust.

Hebert obviously considers his status in more grandiose terms than most elected officials, much less appointed department heads, though there are rumors floating around that he considers himself as a potential candidate for governor.

Though he is merely a mid-level department head, he nevertheless requires his employees to stand when he enters a room and to address him with a cheery, “Good morning, Commissioner.”

Such courtesy is normally extended only to heads of state, not obscure state bureaucratic appointees.

This is the same guy who expresses such indignation at his employees’ use of state cell phones for personal calls who thought nothing of blowing a couple of thousand on low-profile, 22-inch rims for his state vehicle.

This is the same guy who, though he has zero training as a law enforcement official, demanded—and got—emergency lights installed on his state vehicle so he could play cop.

This is the guy who suspended an employee after her physician refused to provide weekly status reports despite the physician’s prior written certification that she was physically unable to work.

This is the same administrator who more than once transferred an employee from one end of the state to the other with as little as two days’ notice.

This is the same agency head who directed an agent to return to uniform status and to re-enter a New Orleans bar for inspections—after that same agent had purchased drugs during an undercover investigation in that same establishment—a directive that might well have served as the agent’s death sentence had things gone badly.

And this is the same guy who made a big production a few months back over a $10,000 expenditure to purchase and train a “synthetic drug-sniffing canine.”

“ATC Commissioner Troy Hebert says (the) new canine will be a great asset when it comes to detecting synthetic marijuana,” the news release said. ‘“It’s a very, very dangerous substance,’ said Hebert. ‘We think this new addition’s going to help us with some of that.’”

The only problem is, the “certificate of certification” from the National Police Canine Association in Waddell, Arizona, dated Nov. 2, certifies the new dog only for marijuana and cocaine, not synthetic drugs.

There’s a reason for that: synthetic marijuana is virtually impossible to detect reliably because the chemical ingredients of synthetic drugs is constantly changing, meaning there is no reliably consistent pattern for animals to learn.

LouisianaVoice earlier reported his propensity to fire employees with little or no reason and that he has settled a couple of discrimination lawsuits brought by former employees.

Hebert fits right into the Piyush Jindal mold of arrogance that permeates this entire administration, from cabinet members who refuse to divulge the identities of contract winners to administrators who refuse to provide reports to legislative committees to the governor himself, who ignores requests for information.

But back to those state cell phones.

ATC agents are often away from home for stretches of 12 hours or longer and upon their hiring, Hebert informs agents that as long as they handle ATC business, they may use their state phones for personal calls.

There you have it. It’s policy.

And now Hebert is trying to come off as a diligent agency head hell bent on keeping recalcitrant employees in line. This from a guy who consistently disregards civil service rules and regulations and gets himself backed into EEO corners that cost the state thousands upon thousands of dollars in payments to former employees and legal fees.

You do not tell your employees it’s permissible to use state cell phones for personal calls and then throw them under the bus for purposes of painting yourself as the noble guardian of the public trust—especially when your own motives are called into question.

The bottom line appears to be that he is setting up a few agents to persecute through a complicit news media at Press Release Central who simply takes press handouts and runs them with no questions asked.

There can be only one explanation for such action: he hopes to deflect criticism of his own administrative actions and misdeeds by tagging his subordinates with perceived wrongdoing.

To that end, he fits right in with this administration.

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It’s certainly refreshing and reassuring to know that the woes of running a state government laden with the ever-increasing burden of budgetary shortfalls has not distracted Gov. Piyush Jindal from his primary objective of tending to the more pressing needs of advising the national Republican Party on how not to be stupid.

Jindal, in his latest appearance on the national stage, has authored an op-ed piece in the Wall Street Journal in which he calls for over-the-counter sales of oral contraceptives.

This, by the way, is yet another in a series of instances in which Jindal makes himself available to the national media while ignoring requests for interviews from new media in Louisiana—a somewhat curious pattern of behavior for a man who insists he has the job he wants.

But back to that WSJ piece. Whether or not you agree with him—and on this issue, a case could certainly be made for such a policy—it is puzzling, to say the least, how a devout Catholic such as Jindal can endorse birth control in any form.

The Catholic Church, last time we checked, was unconditionally opposed to birth control and Piyush is such a good Catholic that he once claimed to have performed an exorcism during his student days at Brown University.

“As a conservative Republican,” he says in the piece, “I believe that we have been stupid to let the Democrats demagogue the contraceptive issue and pretend, during debates about health-care insurance, that Republicans are somehow against birth control.”

Well, that’s certainly seizing the high ground. Jindal arbitrarily hijacks the Rodney Dangerfield claim of “no respect” for the national Republican Party. Good move, there Swifty. My grandfather always told me that when I find myself in a hole, quit digging.

Piyush is looking more and more like a politician who was created by the American Legislative Exchange Council (ALEC) but who now wants to put distance between himself and the right wing Tea Partiers who owe their very existence to ALEC. And he’s still digging.

Yep. Piyush is claiming the middle ground, apparently so as not to appear stupid.

The Boy Blunder has, in the wake of the Mitt Romney loss to President Obama, morphed into the Forrest Gump of political science. Maybe we should henceforth simply refer to him as Piyush Gump: stupid is as stupid does.

He implied that Romney ran a “stupid” campaign—but only after the election. Prior to Nov. 6, Piyush campaigned tirelessly for the Republican nominee with nary a hint of discomfort or embarrassment over any supposed GOP stupidity.

Neither Piyush nor any of his appointees, of course, could ever be accused of doing anything stupid.

After all, it would be stupid to repeatedly hide behind something called the “deliberative process” in an effort to avoid revealing information to the public.

It would be stupid to suggest to subordinates that they use private email accounts for communicating about Medicaid budget cuts.

It would be stupid for Jindal’s education superintendent to approve 315 vouchers for the New Living Word School in Ruston without first learning that the school had no instructors, no desks and no classrooms.

It would be stupid for the education superintendent to send an email to the governor’s office outlining his plans to lie to a legislative committee about New Living Word to “take some air out of the room.”

It would be stupid to attempt implementation of a funding method for school vouchers that is clearly unconstitutional.

It would be stupid to describe the judge who ruled that funding method as unconstitutional as “wrong-headed.”

It would be stupid to ignore a growing hole in Assumption that has swallowed up some eight acres of land while belching toxic gases because campaigning against a judge in Iowa is considered more important.

It would be stupid to close a state prison without at least extending the courtesy of a heads-up to legislators in the area.

It would be stupid to close a state hospital without at least extending the courtesy of a heads-up to legislators in that area.

It would be stupid not to fire—or at least punish—a Recovery School District Superintendent who wrecked a state vehicle on one of his three dozen trips to Chicago on private business, including appearing on a Chicago television station to announce his intention to run for mayor.

It would be stupid to attempt a total takeover of the state’s flagship university by loading up its governing board with campaign contributors—and to coerce that board into firing the president, the university’s legal counsel, and the head of the university’s health care system.

It would be stupid to fire or demote scores of other state employees and elected members of the state legislature whose only sin was to disagree with Pontiff Piyush.

It would be stupid for his commissioner of administration to refuse to release a copy of a consultant’s report on the privatization of the Office of Group Benefits.

It would be stupid for his secretary of the Department of Health and Hospitals (DHH) to refuse to divulge to the senate committee considering his confirmation the identity of the winner of a 10-year, $300 million contract—when it was later learned that the winner was a company for whom the secretary had once worked.

It would be stupid for that same DHH secretary to swear under oath to that same committee that he had established a fire wall between him and his former company and that he had had no communication with the company during the selection process—when in fact, as was subsequently learned, he had been in constant communication with the company during the entire selection process.

It would be stupid for a governor to refuse to return $55,000 in campaign contributions after learning it had been laundered through a bank into his campaign.

And it would be oh, so very stupid to insist on no new taxes or tax increases in the wake of a budget deficit hole rivaling the one in Assumption Parish.

Piyush is not stupid. That’s why he is offering advice to his fellow Republicans.

That’s why he is writing op-ed pieces for the WSJ about the need to sell contraceptives over the counter.

And if that doesn’t work, he can always reprise his Brown experience and perform an exorcism on Republican stupidity in much the same manner he performed his exorcism on the collective courage of certain legislators.

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Fiscal Year 2012-13 is just half over but more deep budget cuts will be announced on Friday and, in the words of one state official, “It ain’t gonna be pretty.”

And the latest fiscal problems haven’t even encountered a looming tax rebate program being offered to encourage financial viability of state charter schools, a centerpiece of the Jindal administration.

With health care and higher education already devastated by previous cuts, it’s anyone’s guess who will suffer in the new round of belt tightening.

Higher education has already been hit with more than $426 million in cuts since 2009—$25 million since June—and Gov. Piyush Jindal has been conducting a fire sale to unload state hospitals and prisons, so it’s difficult to pinpoint where other cuts can be implemented.

The Revenue Estimating Conference will meet on Thursday and the Joint Committee on the Budget will meet on Friday to officially hear the bad news.

Without specifics (because they weren’t available when this was written), that bad news is:

• Personal income tax revenue is below projections;

• Corporate income tax revenue is below projections;

• Severance tax revenue is below projections (because of an unexpected drop in the price of natural gas);

• Sales tax revenue is below projections.

With the bulk of state revenue coming from income taxes and sales taxes, the news, it seems, couldn’t be much worse.

But it might.

Remember the alternative fuel tax credit?

That’s the bill authored by former Rep. Jane Smith (R-Bossier City) that promised a tax credit of up to $3,000 for vehicles that burn “alternative fuel. It was estimated at the time that the tax credit would cost the state $907,000 over five years.

After losing her bid to move up to the Senate in 2011, Jindal rewarded her loyalty (read: dedication to tax breaks) by appointing her as deputy secretary of the Department of Revenue.

The intent of the bill was to encourage the conversion of vehicles to propane but between the passage of Smith’s tax rebate bill and its implementation, flex-fuel vehicles that run on a blend of up to 85 percent ethanol hit the market.

These vehicles immediately qualified for the rebate and the real cost turned out to be more like $200 million, an increase of almost 1,900 percent after then-Revenue Secretary Cynthia Bridges got around to creating rules for the program.

Caught in a potential fiscal crisis over the tax credits, Jindal promptly fired Bridges, promoted Smith (who authored the bill in the first place) to interim secretary and rescinded the tax credits.

Now, a similar scenario may have arisen in the form of last session’s House Bill 969.

HB 969, by Rep. Kirk Talbot (R-Baton Rouge), which was subsequently signed into law by Piyush as Act 25, offers tax rebates to those making contributions to charter schools.

Piyush vetoed a similar bill by Rep. Katrina Jackson (D-Monroe) that would have given tax rebates of up to $10 million to those making contributions to public schools because, he said, there was no provision in the state budget for the rebates.

The only problem is, the provisions of Act 25 contain no dollar cap which, like the alternative fuel tax, could blow a gaping hole in the state’s budget should a sufficient number of people make contributions to the private scholarship program.

It’ll be interesting to see how the Boy Blunder handles the latest financial crisis since the state is running out of one-time money with which to plug budget holes, thousands of state jobs have already been eliminated, there are few remaining assets that can be sold off, and health care and higher education have already been cut just about as much as they can stand and still function.

Perhaps Piyush might actually see the need to jettison a few six-figure appointive positions handed out to former legislators like Smith, Noble Ellington, Troy Hebert, Lane Carson and numerous others.

That would be a start—a show of good faith, at least.

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Sneaky. Duplicitous. Underhanded. Deceitful. Devious. Dishonest. Fraudulent. Mendacious. Untruthful. Despicable.

Those are just a few words to describe the latest tactic employed by Jindal-Teepell & Co. in the administration’s ongoing almost five-year campaign of deliberate misinformation, distortion and obfuscation in an effort to conceal the state’s business from the public.

We normally attempt to mix in a little humor, sarcasm and snarky comments when we write about Piyush, but his act is beginning to wear a little thin.

Between his flitting about the entire country while ignoring pressing problems at home, lying to the public, making himself inaccessible to state media (while courting Fox Network, CNN, and other national media) and running roughshod over state employees, legislators, and anyone else who appears even slightly hessitant to drink his Kool-Aid, he simply is no longer funny.

His coy response to inquiries about national political aspirations that he “has the job he wants” no longer sells.

His insistence that he has “the most transparent, open and accountable” administration in Louisiana history is nothing more than a blatant lie. And like Joseph Goebbels, he apparently believes that if he tells a lie, makes it big enough and repeats it often enough, people will believe it.

Some do. Many of his adoring followers appear to reside north of Alexandria. But those numbers are growing smaller as more and more the citizens of this state are beginning to peel away the layers of pseudo purity, honesty and sincerity with which he has camouflaged himself so as to hide the real Piyush.

This squeaky clean governor refused to return $55,000 in campaign funds illegally laundered through a bank in St. Tammany Parish. His (or Timmy Teepell’s) explanation was that the money was accepted in good faith, so it is Jindal’s to keep. We suppose if he deposited a campaign check that subsequently bounced, Teepell would also suggest that the bank should not look to the campaign for reimbursement because it was “accepted in good faith.”

The long and short of it is this guy cannot be trusted. He will say or do whatever is politically expedient which makes him no different than any other snake oil salesman. He has, it turns out, no moral compass, no conscience and no soul.

But when a governor—or any of his minions—touting his openness and transparency instructs his staff to use private email accounts when discussing state business so as to avoid disclosure under the state’s public records laws, something is terribly lacking in the overall character makeup of the man with whom we have entrusted the state’s leadership.

That’s the story broken by enterprising AP reporter Melinda Deslatte on Monday.

For those of you who still believe Piyush is straightforward and honest with the voters of this state, let’s recap Deslatte’s story.

The Associated Press, she wrote, received copies of emails not provided in response to public records requests that revealed non-state government email addresses were used literally dozens of times by state officials last summer.

The subject of those emails dealt with a public relations campaign for slashing $523 million from the state Medicaid budget.

Piyush can’t even be original with that practice; former Alaska Gov. Sarah Palin had initiated the practice during her administration before her 2008 campaign for vice president. So did former Massachusetts Gov. Mitt Romney. Both got busted.

And now, Mr. Clean is caught with dirty fingers. It is nothing more than a sneaky effort to circumvent state law and Piyush should be held accountable for it.

For 144 state legislators who have shrunk from confronting Piyush, this should serve as a wakeup call; after all, they were also being kept in the dark on this.

One would think closing state prisons without giving area legislators a heads-up would have stirred legislative grumbling.

One would presume that closing hospitals without informing legislators would create some type of legislative backlash.

One would assume that demoting four legislators from committee assignments would bring lawmakers together in a united front.

One would think that firing a university president, agency heads, rank and file employees, and physicians would provoke a public outcry.

One would be wrong on all counts; this, apparently, is a state of sheeple who either have their heads where only their proctologists can find them or just don’t give a damn.

Apparently the only ones who bother to keep informed and who care about what is happening are those directly affected: teachers who are constantly denigrated by an absentee governor who chose as his chief of staff/right-hand man one Timmy Teepell, a man who was home schooled and knows not one whit about what public school teachers go through in dealing with discipline problems, apathetic parents or inadequate classroom resources (that have to be made up out of the teachers’ pockets). Nor do Jindal-Teepell realize—or care—that many teachers remain at school long after the last student has gone home and who work far into the night on lesson plans and grading papers. In short, they don’t have a clue.

There also are college administrators and professors who see their budgets being chopped in half and students who see their tuition costs rising by 40 percent against already prohibitive student loans. And to think, this governor chose as his campaign manager/right-hand man one Timmy Teepell who never set foot in a college classroom and who names to the board of supervisors of the state’s flagship university a man who has one semester of college.

And there are those state employees who have been privatized out of their careers and who faced the very real possibility earlier this year of seeing their retirement benefits slashed by as much as 85 percent (and remember, state employees are not eligible for social security benefits).

And to think, this governor announced that Teepell was leaving his administration in November of 2011 to head up the Baton Rouge office of OnMessage, a Virginia political consulting firm. Only problem is, OnMessage, a year later still has no local address or local telephone number and Teepell’s vehicle is parked on practically a daily basis in the rear parking lot of the State Capitol. Could he be running his private Baton Rouge OnMessage office out of the governor’s office? Hard to say because no one in the governor’s office is talking. But Jindal’s non-profit propaganda organization, Believe in Louisiana, has paid Teepell, through OnMessage, hundreds of thousands of dollars since Teepell supposedly left the governor’s office.

The emails were provided to AP by an administration official who, for obvious reasons, asked not to be identified. That makes us wonder if it could have been the same administration official who once told LouisianaVoice that Jindal was “dysfunctional.”

Commissioner of Administration Kristy Nichols, apparently backed into a transparent corner said, “Certainly we believe that conducting public business, even when using personal means of communication, is subject to public records law.”

How disingenuous can one be, given the fact that this administration has hidden behind something called the “deliberative process” since Day One?

The emails obtained by AP, however, were not included in the 3,800 documents and emails provided by the Department of Health and Hospitals (DHH) in response to a request for information on discussions surrounding the health care cuts. So where was the public records law on that occasion, Kristy?

In one email exchange, Calder Lynch, a health policy adviser to DHH Secretary Bruce Greenstein, instructed a communications employee to send certain types of items to Lynch’s personal Gmail account instead of his state government email address.

That should come as no surprise to anyone. It was Greenstein, after all, who at his Senate confirmation hearing in June of 2011 refused to divulge the name of the winner of a 10-year, $300 million state Medicaid contract.

It turned out that the winner was a company called CNSI, a company for whom Greenstein had previously been employed. Once the name of the company was released—and then only after senators all but threatened Greenstein with thumbscrews—Greenstein insisted that he had built a “firewall” between him and the selection process and that he had had no contact with the company during that process.

Emails—state emails, no less—however, revealed that Greenstein had been in constant communication with his former employer prior to and during the selection of the contract winner.

Such is the definition of transparency and accountability in this administration.

The question that remains now is just how much longer will the state’s citizens—and a mostly compliant legislature, complete with a lapdog House Speaker (neutered, of course) and equally ambitious Senate President—continue to let Piyush Jindal make a laughingstock of the state and a cruel joke of the strictly theoretical definition of the separation of powers, checks and balances and three branches of government?

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First it was a federal judge who threw out Piyush Jindal’s voucher plan in Tangipahoa Parish because it posed a major setback to the parish’s current desegregation consent decree.

Then, last Friday, a state district judge, Tim Kelley, whose wife once worked for Piyush, said the method of appropriations to fund the statewide voucher program is unconstitutional.

Fast on the heels of Kelley’s ruling, fellow Baton Rouge District Judge William Morvant refused to throw out a lawsuit challenging the only part of Piyush’s far-reaching retirement reform proposals that survived the legislative session earlier this year.

In case you’re counting, that’s oh-for-three—not a good batting average for the governor who would be president.

Keep in mind that Piyush is the incoming chairman of the National Republican Governors’ Association.

Remember, too, that he thought he would be moving into that position in the hope that it would be the launching pad for his presidential aspirations. To do so, he needed to bring something substantial to the table.

That something was to be sweeping education reform. That was to be the centerpiece of his list of grand accomplishments, the bold-face type on his curriculum vitae.

Now, the status of both education and retirement reform are suddenly in jeopardy.

Suddenly the star of the errand boy of the American Legislative Exchange Council (ALEC) doesn’t shine quite so brightly.

What to do?

The obvious answer would be to teague someone. That practice, after all, has served him well in the past. No college president, attorney, doctor, agency head, legislator or rank-and-file state employee will dare rebuke Piyush lest he or she be shown the door.

There was a time when we would have run a recap of those teagued by this peevish little man, but the list has grown so long that it would take up far too much space.

On reflection, however, one must ask just what are Piyush’s alternatives?

Well, normally he could campaign against the re-election of judges Kelley and Morvant—except he already did the anti-judge campaign thingy in Iowa.

He can’t teague the federal judge; he was appointed by the president.

He can’t teague either of the state judges—Kelley or Morvant—because they were elected by voters of the 19th Judicial District.

He can’t teague Jimmy Faircloth, the attorney who so expertly represented the interests of the state in arguing on behalf of the voucher program because Faircloth was working under a contract that ends when all appeals are exhausted—about $100,000 or so down the road.

He can’t teague Angéle Davis, wife of Judge Kelley because she already resigned her position as Commissioner of Administration.

He can’t teague the legislator who introduced the education bills because they were not written by any Louisiana elected official but by the corporate honchos at the American Legislative Exchange Council (ALEC).

He might consider teaguing Superintendent of Education John White since there are already unconfirmed rumors floating around that he is leaving soon.

But there is a far better option open to Piyush:

He could take a page from the playbook of Egyptian President Mohammed Morsi.

It’s such a simple solution we’re surprised no one has thought of it before.

All he has to do is first invoke that obscure nullification clause which several states unhappy with last month’s presidential election are bantering about—the one that says states can unilaterally ignore a federal law they don’t like. Or even opt out of the union itself. Some in Texas are talking about splitting off and breaking the state into five separate states (pure lunacy, but a philosophy that dovetails nicely with that of the Tea Party).

Then, like Morsi, Jindal can unilaterally decree greater authority for himself, including issuing a declaration that the wrong-headed courts are henceforth barred from challenging his decisions.

(Come to think of it, such a move is not exactly unprecedented. President Andrew Jackson said of the U.S. Supreme Court’s decision that the state of Georgia could not impose its laws on Cherokee tribal lands, “(Chief Justice) John Marshall has made his decision, now let him enforce it.”)

After that, he could even take it a step further and, like North Korea’s late Kim Jong-il, bestow upon himself the title of “Dear Leader,” and, again like Kim Jong-il, commission a song of the same name in his honor.

Think about it. If he were to take that action, he could sell prisons, the old insurance building property, hospitals, roads, universities, the Saints and the Zephyrs, not to mention a few state-owned golf courses and state parks.

That water from Toledo Bend Reservoir? Sold. Gone to Texas and a few select political cronies are even richer than before.

And you only think you’ve seen a lot of corporate tax breaks, incentives and exemptions. Once he issues his decree, corporate taxes would disappear into that sink hole in Assumption Parish.

All state employees who aren’t fired outright (to be replaced by telecommuting administrative types from Florida, California, Alabama and elsewhere) would immediately forfeit all health and retirement benefits—except for friendly former legislators who, of course, would be elevated to six-figure salaries with full benefits.

The Department of Civil Service, public schools and the State Ethics Board would become distant memories for the nostalgic among us.

Of course, were he to take such action, he could always say his decision was predicated “by three things: one, to protect needed reform packages; two, to streamline government so at the end of the day, we can do more with less, and three, I have the job I want.”

Opponents could be expected to condemn his decrees as heavy-handed and dictatorial but what else would you expect from those who represent the coalition of the status quo?

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