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Blogger Abbott and Rep. Jay Morris are far off base in their respective criticisms of public employees, LSU’s Bob Mann

Posted in ATC, Budget, Campaign Contributions, Civil Service, Education, Governor's Office, Higher Education, Legislature, Media, ORM, Public Records, Waste on March 31, 2015| 19 Comments »

My friend Walter Abbott up in Ruston seems to have a problem with any public employee as does, apparently State Rep. John “Jay” Morris, III (R-Monroe).

Abbott, as I, publishes a political blog and that certainly is his—or anyone’s—right. But the thing that he can’t seem to get around is his constant habit of labeling any public employee as a “deadhead.” In fact, he never refers to public employees, be they teachers, law enforcement officers, firemen, or highway construction crews, as anything but “deadheads.”

I’m not certain what Walter does for a living, but I would assume his work is essential and not of the “deadhead” status. But one can never be sure. Sometimes one creates a deliberate smokescreen (such as name-calling) as a tactic to deflect attention from himself. Again, I don’t know that, I’m just sayin’…..

Walter’s post today (March 31) provides a link to a story by Baton Rouge Advocate reporter Elizabeth Crisp which said that Louisiana college and university students plan to demonstrate at the state Capitol on April 15 as a protest to anticipated draconian cuts to higher education appropriations for the coming year.

But Walter, in his classic inimitable parsing of nomenclature, says in the headline to his blog: “Student Mob to Protest on Behalf of Deadheads.”

Student Mob? Seriously, Walter? You know with absolute certainty that these students will be roving bands of vandals, possibly armed, intent on rape and pillage and assorted other forms of crimes against humanity? Hell, Abbott, you’re better than the entire Justice League. Perhaps we need to make you an official state deadhead and bring you to Baton Rouge or New Orleans or Shreveport to fight crime—in advance with your gift of clairvoyance, of course. Which city? No problem; with your obvious skill at predicting the future, you need only tip off the deadhead law enforcement agencies in each city when a crime is about to take place.

And about that “deadhead” term you so love to toss around: I can only assume that you’ve drunk the Ted Cruz/Scott Walker/Rand Paul tea party Kool-Aid which finds all things public to be anathema.

In a previous blog you referred to teachers as “deadheads.” Well, Walt, unless I’m mistaken, a teacher taught you to read and write, which enables you to now turn on those same dedicated people by calling them “deadheads.”

Let me enlighten you about teachers, Walt, because you obviously do not know the facts or you choose to ignore them. Besides the problem that all teachers face, namely the constant push and pull from politicians who seem to think they have all the answers and rush in with ill-advised education “reform” measures, there are these specifics:

  • Kindergarten and elementary teachers: Not only must they teach, but they also have to do lesson plans, grade papers at night (after cooking for the family and cleaning house and helping their own kids with homework), contend with kids who can’t keep up in class because their lazy or irresponsible, drug-addled parents won’t take the initiative to help the kids at home, then attempt to appease those same parents who want to shift the blame for the kids’ poor grades onto the teacher. They daily see these same children come to school hungry or unbathed—or both. In addition to all these duties is the constant paperwork that must be filled out by teachers and as they perform all these tasks, they often are called upon to wipe snotty noses and wipe soiled behinds. Summer vacation? Fugetaboutit. That three-month vacation you always hear about is a myth. When school is out, classrooms must be cleaned, books put away, furniture stacked against the wall so janitorial crews can move in to do their jobs and by the time all that is done, it’s time to start planning the new school year.
  • Middle school teachers: One might think that middle school is a breeze but this is where kids grow into puberty, where cliques are formed and where little teen-age girls snipe at each other behind their backs. It ain’t pretty. As these children grow from adolescence into teens, attitudes are formed and teachers must deal with that reality on a daily basis. Moreover, remember those kids from elementary school who were lagging behind? Well some of them are older than their classmates because sadly, they had to be held back one or more grades. But they’re falling even further behind and it becomes the middle school teacher’s task to confront angry parents who won’t accept their own role in educating their own children. And that paperwork didn’t go away in elementary school. Neither do the late night paper grading sessions.
  • High school teachers: By now, the slower students have become a real challenge. Not only do they refuse to do their assignments and fall even further behind before eventually dropping out of school (and teachers consider every dropout a personal loss, some might even say a failure). But those who remain have by now developed really nasty attitudes (often encouraged at home by parents who still refuse to accept responsibility) and teacher-student confrontations often occur that sometimes become physical, placing the teacher in danger of bodily harm.

So there you have your teacher “deadheads,” Walt. But you know what? Through it all, they persevere at salaries most likely considerably less than what you make, because teaching is not an occupation, it’s a calling, and these educators are dedicated to that calling—something you obviously do not comprehend or care to.

But Walt insists on attaching that label to all public employees. Well, Walt, I was one of those “deadheads” for 20 years, working as a claims adjuster for the Office of Risk Management.

And being completely candid, I was far from being the best adjuster in the office (even though I was once told that I was by a member of management in his somewhat feeble effort at blowing smoke up my toga—some form of weird motivation, I suppose) but despite my many shortcomings (I love writing more than insurance), I still managed to help save the state several millions of dollars in bogus claims. To that end, despite my habitual failure to keep my diary updated and my distaste for insurance, I still managed to justify my salary many, many times over.

Finally, Walter, I would ask that you consider this in the future when dealing with these “deadheads”:

  • When you find a pothole in your street that tears up your vehicle’s front end, call a tea partier, not the highway department—they’re deadheads;
  • Same thing when you observe litter along the streets and highways;
  • When your sewer line backs up because of a lack of maintenance because the deadheads have been laid off, call a tea partier;
  • When you discover rust and other substances in your water line for that same reason, call a tea partier;
  • When your neighbor knocks down your fence and refuses to pay for it, don’t bother filing suit. Those courtroom employees, including the judge, are deadheads. Call a tea partier.
  • When your house catches fire, don’t call the fire department. They’re just a bunch of deadheads. Call the tea partiers;
  • When you or a family member is being assaulted by some thug, the police department, staffed with deadheads, is obviously the wrong call. The tea party will set things right for you.

Count on it.

As for Rep. Morris, his recent comments constitute a classic example of shooting the messenger.

He, like Jindal’s former chief of staff, now president of the Louisiana Association of Business and Industry (LABI), Stephen Waguespack (the same one who leaned on Murphy Painter to ignore Office of Alcohol and Tobacco Control regulations in that issue over the Budweiser tent at Jindal contributor Tom Benson’s Champion’s Square), doesn’t feel that Bob Mann retains the right of free speech under the First Amendment simply because he’s on the payroll of LSU.

Rep. Morris, you are an attorney and as such you of all people should be at the front of the line to defend that right. Instead, you choose to jump into the fray based on another blog, that of Scott McKay’s The Hayride. http://thehayride.com/2015/03/twitter-tough-guy-bob-mann-takes-on-labi-over-waguespacks-column/

McKay and Morris wax indignant that Mann has the audacity to write—on his own time—a column for the New Orleans Times-Picayune while teaching (this semester) one class because of the necessity to care for his wife who is ill.

Of all things, Morris chooses to compare Mann’s salary to that of a public school teacher who he says works for a paltry $32,000 a year. Well, isn’t it in the legislature’s power to increase those salaries? Has Rep. Morris ever, even once, made a move to raise the pay for teachers? Or instead, was he one of 53 House members who voted to kill House Bill 645 by Rep. Marcus Hunter (D-Monroe) to raise the state minimum wage? See for yourself: HB 645 VOTE

Rep. Morris, you can’t have it both ways: you can’t use teachers’ salaries against Bob Mann if you’ve never attempted to rectify the gaping disparity yourself. That comes under the heading of hypocrite. Don’t be so smug in jumping on Mann’s case as a means of questioning LSU’s budget while defending NLU perhaps because some of that university’s employees might be your constituents whom you don’t want to offend.

Rep. Morris asks the rhetorical question: “How are we polititians (sic) supposed to raise revenue to save higher ed when there might be a whole lot of waste?” Shouldn’t that be a question for you, as a representative of the people, to sort out? Have you and other legislators been asleep at the wheel so long that waste occurs right under your collective, oblivious noses?

If you are so concerned about waste, don’t you think it might have been a good idea for you to have checked the campaign expenditures of Rep. Erich Ponti (R-Baton Rouge) before you contributed $1,000 to his campaign, and who in turn contributed $1,000 to the campaign of Rep. Clay Schexnayder (R-Gonzales)? Do you really think their expenditures of $15,405 and $9,660, respectively, to purchase of LSU football and softball tickets from 2010 through 2014 was the most judicious use of their campaign funds? Could that perhaps be included in your sanctimonious, somewhat selective definition of waste?

CAMPAIGN CONTRIBUTIONS:

Recipient     Contributor Description Date Amount
Ponti, Erich E. JOHN C JAY MORRIS III FOR STATE REP  2705 OAK DR MONROE, LA 71201 CONTRIBUTION 6/28/2012 $1,000.00
Recipient     Contributor Description Date Amount
Schexnayder, Clay FRIENDS OF ERICH PONTI CAMPAIGN Thibodeaux Ave Baton Rouge, LA 70806 CONTRIBUTION 11/14/2011 $1,000.00

CAMPAIGN EXPENDITURES:

Candidate   Recipient Description Date Amount
Ponti, Erich E. LSU ATHLETICS PO BOX 25095 BATON ROUGE, LA 70894-5905 TICKETS 5/13/2014 $3,310.00
Ponti, Erich E. LSU ATHLETIC TICKET OFFICE BATON ROUGE, LA 2012 FOOTBALL SEASON TICKETS/PARKING 4/20/2012 $3,130.00
Ponti, Erich E. LSU ATHLETIC DEPARTMENT ATHLETIC ADMINISTRATION BLDG BATON ROUGE, LA 70803 FOOTBALL TICKETS 5/5/2013 $3,110.00
Ponti, Erich E. LSU ATHLETICS c/o Speakers’ Office LA State Capital Baton Rouge, LA 70801 2010 Legislative Football Tickets 4/21/2010 $2,000.00
Ponti, Erich E. LSU ATHLETICS P.O. BOX 25095 BATON ROUGE, LA 70803 FOOTBALL TICKETS 4/26/2011 $2,000.00
Ponti, Erich E. LSU ATHLETICS P.O. BOX 25095 BATON ROUGE, LA 70803 FOOTBALL TICKETS 6/6/2011 $950.00
Ponti, Erich E. LSU ATHLETIC TICKET OFFICE BATON ROUGE, LA LSU FOOTBALL TICKETS 1/4/2012 $905.00
Candidate   Recipient Description Date Amount
Schexnayder, Clay LSU ATHLETIC DEPARTMENT ALTHLETIC BLDG BATON ROUGE, LA 70803 TICKETS 4/11/2014 $3,210.00
Schexnayder, Clay LSU ATHLETIC OFFICE 110 Thomas Boyd Baton Rouge, LA 70808 TAFT donation and tickets 5/23/2012 $3,135.00
Schexnayder, Clay LSU ATHLETIC OFFICE 110 Thomas Boyd Baton Rouge, LA 70808 tickets 5/22/2013 $3,115.00
Schexnayder, Clay LSUE SOFTBALL 2048 JOHNSON HWY EUNICE, LA 70535 DONATION 12/3/2014 $200.00

We’re just saying people who live in glass houses…

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Troy Hebert, like Bobby Jindal, stumbles from one ill-fated fiasco to next, oblivious and with no hint of embarrassment

Posted in ATC, Auditor, Corruption, Crime, Ethics, Governor's Office, Grant, Jobs, Legislature, Media, Politicians on March 25, 2015| 20 Comments »

Troy Hebert is nothing if not:

  1. inconsistent
  2. obfuscating
  3. controversial
  4. all the above

Hebert, Bobby Jindal’s brilliant (sarcasm, folks, sarcasm!) choice to succeed former Director of the Louisiana Office of Alcohol and Tobacco Control (ATC) Murphy Painter after Team Jindal set Painter up on bogus criminal charges, has stumbled into one administrative fiasco after another.

In fact, the manner in which Hebert has run his office might even be considered a microcosm of the Jindal administration, so frighteningly reminiscent is it to the way he seems to emulate his boss.

Just as Jindal attempted (unsuccessfully) to flex his muscles (figuratively, of course; it be absurd to suggest otherwise) after Painter refused to knuckle under to demands from former Chief of Staff Steve Waguespack that a permit be issued to Budweiser to erect a tent at major Jindal campaign donor Tom Benson’s Champion’s even though Budweiser had not met the legal permit requirements, so has Hebert attempted to destroy the careers of agents serving under him for reasons that consistently failed to rise above the level of political pettiness.

Jindal, who accused Painter of abusing his office, apparently overlooked the fact that Hebert, while serving in the Louisiana Legislature, nevertheless saw nothing wrong with working under a state contract for debris cleanup after Hurricane Katrina.

Not only was Painter acquitted in his federal criminal trial, but he then sued his accuser in civil court—and won.

Likewise, Hebert has been sued by former agents for racial discrimination and has been forced to settle at least one such claim. Other complaints are pending as this is being written. Part of the basis for those complaints was Hebert’s confiding in Tingle that he was “going to f**k with” two black agents and that he intended to break up the “black trio” in north Louisiana—in reference to agents Charles Gilmore, Daimian McDowell and Bennie Walters.

And in the case of Brette Tingle, Hebert went to the extreme of attempting to get three different agencies to say there was a criminal payroll fraud case against Tingle—and in each case he failed to get his needed approval. Tingle’s sin? He was listed as a witness for the three black agents who have lodged EEOC complaints against Hebert. That left Hebert with only one logical course of action (logical in Hebert’s mind, that is). He fired Tingle while Tingle was recuperating from a heart attack.

ATC employees Terri Cook and Sean Magee tracked GPS locations of agents and emailed agents and their supervisors on a daily basis so that any issues, discrepancies or inconsistencies raised by the GPS reports could be addressed in a timely manner.

Yet, despite Hebert’s claims that Tingle was not working when he said he was or that he made an unauthorized trip into Mississippi, the issues were never raised by Cook or Magee, according to Tingle’s attorney J. Arthur Smith.

In fact, Smith pointed out that Tingle traveled to Kiln, MS. On May 2, 2012—at Hebert’s express approval—“to obtain surplus gun cleaning kits from his (Tingle’s) Coast Guard unit which were then issued to agents in your (Hebert’s) presence at a meeting at the Baton Rouge ATC headquarters with all enforcement agents as well as business division employees present.”

Smith also said that Tingle “was assigned FDA compliance checks (for tobacco sales to minors) while out on sick leave.” Upon his return to work, Mr. Tingle informed (Hebert) that he could not complete the assigned compliance checks because of other collateral duties which Hebert had assigned him. “These collateral duties included meeting with Trendsic Corp. and newly hired IT employee Keith McCoy to discuss several ideas that Mr. Tingle brought to you and that you wanted implemented before Mr. Tingle left on military leave.

“In this conversation,” Smith continued in his March 10 letter to Hebert, “you instructed Mr. Tingle to ‘get someone else to do those checks.’ Mr. Tingle also served a hearing officer and Internal Affairs Investigator for the ATC. These collateral duties, as well as your special assignments to him, were not part of Mr. Tingle’s regular job duties. You never at any time excused Mr. Tingle from performing these additional responsibilities,” he said.

Moreover, Smith noted, Tingle, Hebert initiated reprisals against Tingle because of statements provided by Tingle in a federal EEOC racial discrimination action filed against the ATC and Hebert even though Tingle “received the highest marks on his annual performance evaluation of all ATC enforcement agents. You signed this evaluation in July 2012,” Smith said.

That same month Hebert contacted Tingle, who was on vacation, by telephone in July of 2012, Smith said, to inquire into specifics concerning programs and initiatives that were part of an ATC pilot program for the New Orleans area initiated by Tingle. Upon learning of Tingle’s participation as a witness in the discrimination matter, however, Hebert claimed on Oct. 4, 2012, that Tingle had committed payroll fraud and further told OIG investigators that no such pilot program existed, according to Smith’s letter to Hebert.

The pilot program, Tingle said, involved programs not being done in other parts of the state. For example, a plan promoted by the AARP to improve blighted areas. ATC, he said, worked with AARP to provide alternative business plans to bar owners who have had their licenses suspended or revoked.

Hebert and New Orleans Mayor Mitch Landrieu held a joint press conference in July of 2012 to announce the program that Tingle initiated. http://www.nola.gov/mayor/press-releases/2012/20120717-mayor-landrieu-and-atc-commissioner-troy/

It was during this press conference that Hebert called a vacationing Tingle for information on the pilot program.

Tingle said Hebert has never followed through on any of the facets of the program.

In mid-January of 2013, Hebert launched an investigation into Tingle’s wife, Traci Tingle, who had recently retired from ATC, claiming that she had falsified state documents and that she had released personnel records to someone outside ATC.

The nature of the personnel records Hebert accused Traci Tingle of releasing was not made clear because Hebert never explained what they were. The state documents referred to, however, were inventory reports in which Traci Tingle had affirmed that the ATC had office equipment in an office in Vidalia, across the Mississippi River from Natchez. Hebert claimed “there was no Vidalia office,” Smith said, but when an ATC employee contacted the Vidalia Police Department about the matter, the Vidalia Police Department confirmed there was an ATC office in that town and that the office still contained ATC equipment.

It was unclear why Hebert would assert that ATC had no office in Vidalia unless the claim was made as a means of attempting to incriminate Traci Tingle.

What is clear, however, that Hebert is molding the agency into his personal fiefdom. He claims he has never fired a black agent but the evidence says otherwise. He also doesn’t say much about intimidating blacks—or transferring one from Shreveport to New Orleans without so much as day’s notice—to the point that they leave of their own accord.

The thing to keep uppermost in mind is that he is Jindal’s hand-picket director, specifically plucked from the legislature to succeed the man whom Jindal railroaded out of office with bogus criminal charges that were subsequently laughed out of court—all because that man, Murphy Painter, insisted that applicants (even those connected to big campaign donors like Tom Benson) conform to the rules when submitting applications for permits.

LouisianaVoice saw a railroad job then and we called it just that—when no other members of the media would come to the defense of Painter. We’re again seeing a railroad job and again, we’re calling it just that.

Jindal, of course, does not preside over the ATC Office but his policies, like a certain substance, flow downhill.

And right now, they’re stinking up the ATC Office.

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Vitter’s problems with women not always sexual but always there; 1993 physical attack on former political foe revisited

Posted in Congress, Courts, Elections, Governor's Office, House, Legislature, PACs, Politicians, Public Records, Senate, Transparency on March 23, 2015| 3 Comments »

My wife received an invitation in the mail Monday (March 23).

It was an invitation to a David Vitter Town Hall Meeting next Monday (March 30) in the East Baton Rouge Parish Council chambers in Baton Rouge at 9:30 a.m.

Needless to say, we are more than a little curious as to why she would get such an invitation from him inasmuch as both she and I are former Republicans now enrolled in RR (Recovering Republicans) and participating in the 12-Step Program.

To be fair, under her name in the address were the words “or current resident,” the implication being that whoever dwells in our house is invited.

Regardless, I’m not entirely certain I want my wife or any of my three daughters in the same room with this man—and not just because of the obvious—the 2007 revelations of Vitter’s association with the former (now deceased) D.C. Madam, Deborah Jeane Palfrey prior to his 2004 election to the U.S. Senate (while he was serving in the U.S. House of Representatives).

Neither is it a claim by former New Orleans Madam Jeanette Maier that Vitter had been a client of hers in the late 1990s.

Nope. It’s the 1993 case of Mary Mercedes Hernandez that sounds alarms and raises red flags for me.

Who is Mary Mercedes Hernandez, you ask?

Fair question. She is a conservative Republican whom Vitter defeated in the race for the District 81seat in the Louisiana House of Representatives in 1991.

In April of 1993, Vitter was one of 16 New Orleans-area House members who voted not to table House Bill 1013 which would have made it illegal for employers or insurers to discriminate based on sexual orientation. There was some feeling that he voted not to kill the bill so that it could be debated on the House floor—and defeated on its merits.

Later that same year, on Sept. 21, Hernandez attended a “town hall meeting” held by Vitter at the American Legion Hall in Metairie. She, along with other constituents, had been invited to attend the meeting by Vitter (we’re seeing a trend here) to “discuss state issues,” she said in a lawsuit she filed against Vitter for physically attacking her at the meeting.

Documents obtained Monday by LouisianaVoice show that Vitter counter-sued Hernandez for harassment, naming prominent state Republican officials as her co-conspirators but that in the end, a judgement was signed in favor of Hernandez and Vitter paid Hernandez a small amount of money to settle her lawsuit in March of 1998, the year before he won a 1999 special election to succeed U.S. Rep. Bob Livingston who resigned following disclosures of his own extra-marital affair. VITTER 1993 ASSAULT CASE

The amount of the final settlement—a mere $50—isn’t nearly as important as what the few pages reveal about Vitter and how he can go on the attack when challenged.

For example, among the documents obtained by LouisianaVoice was a letter written by Vitter two years after the suit was filed, and while it was still moving through the legal system, to Livingston.

The letter, dated April 12, 1995, read:

  • “Thank you very much for your recent letter inviting me to help support the East Jefferson Parish Republic PAC with a significant contribution. I have been an active participant in and supporter of the PAC in the past, and would love to continue that support. However, one matter prevents me from doing so at this time.
  • “Several months ago, a Ms. Mercedes Hernandez slapped me with an utterly frivolous lawsuit which continues to languish in the courts. This is a continuation of a personal vendetta against me on the part of not only Ms. Hernandez, but other persons active in the PAC, specifically including John Treen and Vincent Bruno. Both Messrs. Treen and Bruno were instrumental in encouraging this harassing action. In light of this and in light of these persons’ continued active involvement in the PAC, I will have nothing to do with the PAC’s fundraising efforts.
  • “I can easily tolerate sincere disagreements with people. I can even tolerate serious disagreements which lead to litigation. But I will have nothing to do with people who pervert the judicial system to harass me, carry out a personal vendetta, and directly harm not only me but my wife and child as well.”

John Treen, the older brother of the late Gov. Dave Treen, lost a 1989 special election to the Louisiana House of Representatives to Ku Klux Klansman David Duke and Dave Treen lost to Vitter in that 1999 election to succeed Livingston by a scant 1,812 votes. Bruno was a member of the Republican Party’s State Central Committee and worked in the 1999 Dave Treen congressional campaign.

So, it’s easy to see that bitter feelings were running deep when Hernandez asked Vitter during a question and answer session to explain the intent of House Bill 1013, the so-called “Gay Rights Bill,” had failed by a 71-24 vote in April of that year—with Vitter voting against passage. It might even reasonably be called ambush journalism—but sometimes that’s the only way to get an answer from some of our elected officials (see Bobby Jindal).

In her petition, she said Vitter “became agitated and enraged,” left the podium and advanced toward her in a “threatening manner, pushing aside chairs where were in his path,” and wrenched a portable tape recorder from her grasp, causing injuries to her right hand.

In the classic defense of “My dog doesn’t bite,” “I keep my dog in my yard,” “I don’t own a dog,” Vitter denied that (a) the incident occurred, (b) he had no intent to cause “physical contact or the apprehension of physical contact,” (c) “any contact was incidental,” (d) that Hernandez “sustained no injuries as a result of the alleged events in question,” and (e) Hernandez should be held in comparative negligence and assumption of risk…in mitigation or in reduction of any damages recoverable by the plaintiff…”

And then he filed a reconventional demand, or countersuit, claiming that Hernandez had gained the floor at the “town hall meeting” to “spread false, malicious and damaging information about Mr. Vitter, particularly concerning his voting record with regard to gay rights.”

Hernandez, in her answer to Vitter’s reconventional demand, described herself as a conservative Republican and active as a member of the Jefferson Parish Republican Party. She said she wanted him to explain the “Gay Rights Bill” and his position on the bill because she “had heard that he was a co-author of the bill” by former Rep. Troy Carter (D-Algiers).

(An attempt by LouisianaVoice to determine the names of any co-sponsors of the bill was unsuccessful because the Legislature’s web page which tracks bills in current and past sessions goes back only to 1997.)

She said “after being assaulted and battered” by Vitter “in front of scores of people,” she left the meeting and went to a nearby restaurant where she met a friend, Peggy Childers, who had been seated next to her at the meeting and who had witnessed the encounter.

It was Childers, she said, who suggested that she contact John Treen, “a friend and very prominent and respected member of the Republican Party, for advice. The following day, Sept. 22, she met with John Treen, Ms. Childers, Bruno (then Vice-Chairman of the Jefferson Parish Republican Party), and several others.

The judgment against Vitter was for a pittance ($50, plus judicial interest and costs is certainly that in any legal proceeding), but it did vindicate Hernandez and the entire matter illustrates the mental makeup of the man who wants to be our next governor.

(An earlier post of this story incorrectly said Vitter voted to kill the bill.)

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State fiscal cupboard bare but 80 NGOs seek $241 million; which campaign contributors will Jindal, legislators fund?

Posted in Budget, Campaign Contributions, Corruption, DHH, Economy, Education, Ethics, Finances, Golf Courses, Governor's Office, Health Care, Higher Education, Legislature, NGOs, Politicians, Privatization on March 21, 2015| 17 Comments »

By now, everyone who isn’t emotionally involved with Dancing with the Stars or Bachelor, is acutely aware that the state, going into the 2015 legislative session, is flirting with a $1.6 billion budget deficit.

And that doesn’t even take into consideration the growing backlog of sorely needed infrastructure repairs for state highways and universities totaling well over a billion dollars. Nor does it include previous deep cuts to health care and higher education.

Things are so bad that an increasingly desperate Bobby Jindal, running out of state buildings, vehicles and hospitals to sell or agency funds to raid, is even looking to sell the remainder of the state tobacco settlement money and the State Lottery in order to generate yet even more one-time revenue to cover recurring expenses.

And remember, this is the man who told the Monroe News-Star he was leaving the state in better shape than he found it. http://www.thenewsstar.com/story/news/politics/2015/03/13/gov-jindal-want-finish-strong/70262992/

Still, every year those non-government organizations (NGOs) make the obligatory trek to Baton Rouge with hands out, asking that legislators appropriate funding for their organizations. This year is no exception as 80 individual entities have submitted requests for funding of 89 separate projects totaling nearly $241.3 million.

Of that amount, $116 million, or 48 percent, were for NGOs in the greater New Orleans area.

Many of the requests are from the usual worthy organizations like councils on aging, youth groups and charitable organizations.

Among the larger requests:

  • $26 million for the Foundation for Science & Math Education in New Orleans;
  • $17.2 million for the Girl Scouts of Louisiana East in New Orleans;
  • $4.4 million for Kingsley House in New Orleans;
  • $1.6 million for the Louisiana Arts & Science Museum in Baton Rouge (two projects);
  • $8 million for the Louisiana Children’s Museum in New Orleans;
  • $5 million for the Louisiana Food Bank Association in Baton Rouge;
  • $4 million for the Louisiana Regional Leadership Council in Lafayette;
  • $27.7 million for a National Hurricane Museum and Science Center in Lake Charles;
  • $1.4 million for renovations to VFW Post 8852 in Alexandria;
  • $14.9 million for the North Desoto Water System in Stonewall;
  • $4.1 million for the Ogden Museum of Southern Art in New Orleans;
  • $1.2 million for Sci-Port (Louisiana’s Science Center) in Shreveport;
  • $10.7 million for repairs at the State Fair of Louisiana in Shreveport;
  • $2.1 million for Administrators of the Tulane Education Fund in New Orleans;
  • $4.3 million for Lighthouse for the Blind in New Orleans;
  • $4.9 million for the Louisiana Association for the Blind in Shreveport;
  • $3 million for the Baton Rouge Empowerment Foundation;
  • $10 million for the Gulf Coast Restoration and Protection Foundation in Baton Rouge;
  • $7 million for the Second Harvest Food Bank of Greater New Orleans and Acadiana;
  • $2 million for the New Orleans Jazz Orchestra;
  • $2.6 million for Loyola University in New Orleans;
  • $1.1 million for WYES Educational Television in New Orleans;
  • $11.8 million for University Hospital & Clinics in Lafayette (two projects);
  • $37.3 million for the Audubon Nature Institute in New Orleans;
  • $5.68 for the Biomedical Research Foundation Northwest in Shreveport;
  • $4.5 million for the NOLA Motorsports Hospitality Committee in New Orleans.

The last four warrant particular attention.

While all such organizations are barred from making political contributions because of their non-profit status, officers and members of their boards of directors are not bound by such restrictions. Jindal received $167,000, various members of the Louisiana House and Senate got $65,650, and the Louisiana Republican Party was the beneficiary of another $26,000 from seven principals connected with those four organizations.

University Hospital in Lafayette has been taken over by Lafayette General Medical Center in Jindal’s sweeping state hospital privatization scheme which raises immediate question of why the state should be funding projects at that facility.

Same for the Biomedical Research Foundation of Northwest Louisiana, which last year assumed operation of LSU Medical Center in Shreveport and E.A. Conway Medical Center in Monroe. The foundation received $5.7 million in state largesse last year.

The Audubon Institute receives millions of state dollars every year, much of which goes to the upkeep of the institute’s golf course. Last year, for example, Audubon Institute received $16.8 million in legislative appropriations.

But for sheer audacity, we give you the NOLA Motorsports Hospitality Committee. Here is its summary justifying its request for $4.5 million:

  • NOLA Motorsports Park in Jefferson Parish, through a competitive process, has been selected as the site for an INDYCAR event to be part of the championship Verizon INDYCAR Series. The selection was made, in part, because of the availability of a venue for the Event and related activities, transportation infrastructure, personnel, commitment to comply with the required specifications, and because of the collaborative relationships that have been established with other support entities. The Nola Motorsports Host Committee, Inc., a non-profit corporation, has committed to host a first-class Event and to plan and provide a unique and entertaining visitor experience for all which will include live music from Louisiana artists, regional cuisine, and demonstrations of Louisiana’s culture to enhance the visitor experiences for all participants including drivers, team owners, team supporters, corporate sponsors, family and guests, media, and other attendees; and
  • The public purpose of the Event is to provide supplemental funding to the Nola Motorsports Host Committee, Inc. to host the inaugural Indy Grand Prix of Louisiana which will support the expansion and promotion of tourism by producing an event that is projected to stimulate substantial growth in the Louisiana tourism industry, resulting in job creation and other increased economic activity, including the generation of tax revenue for state and local governments. Nola Motorsports Host Committee has secured a preliminary economic impact analysis from Formula, LLC which indicates an estimated economic impact of $27.8 million annually from the Event. INDYCAR has guaranteed a 3-year lifecycle of the Event with the goal of the Event being an annual occurrence. The goal is to attract visitors to Louisiana and to maintain awareness and a positive image of Louisiana as a unique and desirable travel destination. It is anticipated that the public benefit is proportionate to the obligations undertaken by the State. The State will receive tourism publicity and recognition for its support through verbal acknowledgements, media events, and in other related publicity associated with promoting and publicizing the Event.

But wait. Didn’t this same organization receive $4 million from the state just last year for track improvements after Jindal made a commitment to the track owners to come through with the money?

Well, yes and no.

This is where things get a bit murky.

You see, last year, when Jindal yanked a $4.5 million appropriation away from the developmentally disabled, it was to give the money to NOLA Motor Club (The NGO got $4 million, not the $4.5 it requested), a corporation that was established in September of 2009 and which remains in good standing.

This year, however, the $4.5 million request came from a corporation calling itself NOLA Motorsports Host Committee, established last June.

Both corporations listed their addresses at 11075 Nicolle Blvd. in Avondale, however, but had different officers, according to corporate records on file with the Secretary of State’s office.

But wait. There is a third entity: NOLA Motorsports established in May of 2008 and located at 2251 Drusilla Lane, Suite B in Baton Rouge. But that corporation is listed as inactive and records show its corporate status was revoked on Aug. 16, 2013.

One of the officers of NOLA Motor Club was Laney Chouest.

While Laney Chouest was listed as an officer for NOLA Motor Club, he is not listed among the officers for NOLA Motorsports Host Committee. It is nevertheless interesting to note that he, other members of the Chouest family and their many business enterprises have made $166,300 in campaign contributions since 2003. They include $43,800 to various legislators, $26,000 to the Louisiana Republican Party and $96,500 to Jindal.

What best illustrates the arrogance of that fiscally irresponsible appropriation, the thing that pushed it to the status of virtual malfeasance, is the fact that the Senate Finance Committee, taking its cue from Jindal, ripped $4.5 million from the budget for Louisiana’s developmentally disabled in order to free up the money for the racetrack. The lone dissenting vote was that of State Sen. Dan Claitor (R-Baton Rouge). https://louisianavoice.com/2014/05/26/senate-finance-committee-craters-to-jindal-rips-4-5-million-from-developmentally-disabled-for-racetrack/

But what compounds that unconscionable act was the motivation behind Jindal’s action.

The man who for his entire term of office has railed against government encroachment (see: federal stimulus funds, Common Core, medical care, prisons, etc.), obviously based his justification on political expedience and using state government to take care of his contributors.

Though Laney Chouest is not listed among the officers for NOLA Motorsports Host Committee, it is nevertheless interesting to note that he, other members of the Chouest family and their many business enterprises have made $166,300 in campaign contributions since 2003. They include $43,800 to various legislators, $26,000 to the Louisiana Republican Party and $96,500 to Jindal.

Two members of the Senate Finance Committee, Robert “Bret” Allain (R-Franklin) and Norbert “Norby” Chabert (R-Houma), received $2,500 each from Gary Chouest in 2010 and 2011.

Isn’t it interesting how a state so broke as to find itself unable to fund things like highway and bridge repair, health care, higher education, and a host of other essential services, can find $4 million for a race track, $7.7 million for golf courses across the state, $35.1 million for professional sports facilities, $10.1 million for local sports complexes, and another $3 million for baseball stadiums (including $1.4 million for a baseball stadium in Baton Rouge, when we don’t even have a team here)?

It will certainly be interesting to follow the outcome of some of these NGO requests.

Especially those last four on the list.

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Gov. Bobby’s decision to opt out of Medicaid expansion looking worse by the day; OLOL refuses indigent patients

Posted in Contract, Contracts, DHH, Governor's Office, Health Care, Legislators, Legislature, LSU, Privatization, Revenue on March 6, 2015| 21 Comments »

Gov. Bobby’s ill-fated, self-serving decision to opt out of a Medicaid expansion for Louisiana is beginning to pay off in an ever-expanding crisis in medical care for the indigent population of Louisiana—on at least two fronts.

An occasional admission of error could go far in establishing a politician’s credibility but it is downright exasperating when this governor is so blind, so stubborn, so obnoxious, so obstinate, so pig-headed, and so disconnected that he cannot bring himself to cross Grover Norquist, the American Legislative Exchange Council, or the tea party—even when his decision endangers the health and even the lives of more than a quarter of a million of his constituents.

http://www.latimes.com/business/hiltzik/la-fi-mh-more-evidence-medicaid-20141027-column.html

Of course it was only a matter of time before the chickens would come home to roost but Gov. Bobby, Timmy Teepell, Kristy Nichols, et al, figured they would long gone and on their way to the White House before the fecal matter hit the oscillating air circulation device.

They were wrong and now they’re covered with the metaphoric filth of their own making with no one to blame but themselves.

The details of the latest developments are so horrific as to defy logic but tragically, they are true.

When Gov. Bobby decided to privatize the state’s charity hospital system (which, by the way, accounts for most of the state employee cuts he loves to crow about on Faux News, in his op-ed pieces, and speeches to his right-wing zealot faithful), he closed Earl K. Long Medical Center (EKL) in Baton Rouge.

That, of course, forced many low-income residents in the northern part of East Baton Rouge Parish to go to Baton Rouge General’s Mid-City medical center for emergency room treatments.

The only problem with that was Gov. Bobby had entered into a cooperative endeavor agreement with Our Lady of the Lake (OLOL) in south Baton Rouge. Consequently, OLOL was—and is—one of only two facilities in East Baton Rouge Parish receiving payments from the state. The other is Woman’s Hospital. Neither of the Baton Rouge General facilities (Mid-City and Bluebonnet), Ochsner Medical Center, nor Lane Memorial in Zachary received a dime from the state.

Because of that, Baton Rouge General recently announced that its Mid-City facility would cease operating its emergency room, effective March 31, because of the financial strain placed on it by the overflow from EKL.

When Gov. Bobby announced the cooperative endeavor agreement with OLOL in January of 2010, he was quite specific in saying the agreement to pay OLOL something on the order of $34 million ($14 million as per the agreement, plus the $24 million already appropriated for the LSU Medical Center which previously had trained its residents at EKL; some estimates put the state’s payments as high as $100 million) would “improve and expand access to health care services for the poor and enhance graduate medical education for Louisiana’s doctors, nurses and health care professionals.” (Emphasis ours.) http://dhh.louisiana.gov/index.cfm/newsroom/detail/88

Moreover, the cooperative endeavor agreement with OLOL says on pages 7 and 8:

  • WHEREAS, LSU is obligated by Louisiana law to provide free or reduced cost care to certain patients who qualify for such care;
  • WHEREAS, the State’s purpose of this initiative, which is recognized by OLOL and LSU, is to provide Medicaid recipients with integrated, coordinated care, management of chronic disease, improvement in access to preventive and diagnostic services for children and adults, improve recipient satisfaction with access to care and the care experience and provide the State with improved budget predictability;
  • WHEREAS, in the interest of advancing the State’s goal of improving integration and coordination of health care services for the low-income populations, and recognizing the opportunity presented by the integration of outpatient and community-based services provided by LSU, inpatient and outpatient services provided by OLOL, and a payment mechanism being made available by DHH (Department of Health and Hospitals) that integrates all services through a prepaid model, the State, OLOL, and LSU intend to participate as a coordinated care network within Medicaid as proposed by DHH;
  • WHEREAS, in order to successfully meet their respective purposes, OLOL, LSU, and the State intend to enter into this public/private collaborative whereby certain residency positions in the LSU GME (Graduate Medical Education) programs and patient care services will be relocated to the OLOL campus. (Emphasis ours.)

Click here to read the CEA.

But wait. Could there be a loophole in that agreement?

Apparently OLOL thinks so.

LouisianaVoice has learned that OLOL is taking the position that its only obligation under terms of the now infamous cooperative endeavor agreement is for residency training of LSU medical students. Apparently care for the indigent is off the (examination) table.

That should come as no surprise. After all, OLOL had already dug in its heels and had begun refusing to take indigent transfers from Baton Rouge General Mid-City’s emergency room if they were not already in the LSU system—and some, apparently, who were.

Woman’s also is refusing to take indigent patients.

Of course, it was also to the state’s advantage that OLOL and Woman’s not treat indigent patients or accept indigent transfers from Baton Rouge General because as long as those patients never see the inside of the OLOL emergency room or Woman’s treatment center, the state does not have to pay for their treatment (as in the decision to lower health insurance premium rates for state employees—not so much to help the employees as to lower the state’s premium share which in the long run only resulted in the depletion of Group Benefit’s $500 million reserve fund. Are we seeing a pattern here?).

All of which raises the obvious question: could all this be by design?

Obviously, no one would admit to any conspiracy.

But how could OLOL refuse indigent patients if it is the only facility in East Baton Rouge Parish receiving payments from the state for treating indigent patients?

Good question and the answer to that goes a long way in the decision by Baton Rouge General to shut down its Mid-City emergency room, leaving indigent patients with no apparent place to go for emergency treatment—in flagrant violation of clause in the agreement that says the state is “obligated by Louisiana law to provide free or reduced cost care to certain patients who qualify for such care.” (Emphasis ours.)

Sometimes those WHEREASes can come back to bite you.

LouisianaVoice also has learned that Gov. Bobby’s latest round of budget cuts may have figured in the decision by Children’s Hospital in New Orleans to delay taking over operations of the state’s new billion-dollar University Medical Center New Orleans (UMCNO) from May 15 to at least August. http://www.umcno.org/about-us

Gov. Bobby’s budget cuts, necessitated mainly by his squirrely fiscal policies, leaves all of the LSU hospitals across the state woefully short of the funding needed to keep them open under the various agreements the state has entered into with private hospitals for their management. http://theadvocate.com/news/11751470-123/state-hospital-operators-say-jindal

In the case of UMCNO, built to replace the old Big Charity that was destroyed by Hurricane Katrina, the state is coming up $88 million short of needed funding, according to Children’s CEO Gregory Feirn.

“If the state does not restore the funding, then the state is deciding not to allow for care for the people of New Orleans, deciding not to open their state-of-the-art facility that is nearly finished and striking a crippling blow to medical education in Louisiana,” he said in a prepared written statement.

Strong words indeed, but then Gov. Bobby long ago, with his decision to opt out of the Medicaid expansion, made that decision.

Rep. Walt Leger (D-New Orleans), House Speaker Pro Tem, was especially critical of Gov. Bobby. “The budget is in such a mess,” he said. “We keep hearing from (Commissioner of Administration) Kristy Nichols that they are in negotiations to work matters out.

“We expect to operate a world-class facility that we invested a billion dollars in but now we learn that the date for Children’s Hospital to take it over has been pushed back,” he said.

State Treasurer John Kennedy, appearing on a New Orleans radio talk show, said the news concerned him. “Feirn is a very able administrator and I think they’ll be able to manage that facility better than the state could. We’ve invested and we’ve got to make that facility work. We do not have a choice,” he said. http://www.wwl.com/Garland-Is-the-University-Medical-Center-ready-to-/10773584?pid=461170

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