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Archive for the ‘Lobbyist’ Category

Supriya Jinda Foundation releases 2010 tax return

Posted in Campaign Contributions, Ethics, Governor's Office, Lobbyist, Supriya Jinda Foundation, Transparency on June 4, 2011| 6 Comments »

BATON ROUGE (CNS)—The Supriya Jindal Foundation for Louisiana’s Children received nine individual contributions totaling $511,500 during 2010, according to the latest tax returns filed by the non-profit foundation.

During 2010, the organization distributed more than 100 interactive whiteboard systems with computers across the state and provided school supplies to more than 5,300 students in 16 different schools in coastal Louisiana, the tax return said.

The foundation came under some criticism earlier this year when it was revealed that several contributors to the foundation received large contracts or favorable legislation from Gov. Bobby Jindal’s administration.

Among those contributors were Blue Cross/Blue Shield ($400 million contract), Marathon Oil (subsidiaries received $5.2 million in state funds), Northrop Grumman ($11.4 million contract), and AT&T (17 contracts totaling $32.2 million, plus cable television legislation favoring AT&T).

The 2010 tax return was prepared by Faulk & Winkler, a Baton Rouge certified public accounting firm. David Winkler, a principal in the firm, contributed $1,000 to Gov. Jindal’s gubernatorial campaign in June of 2007 and contributed an identical another $1,000 in December of 2010.

One unidentified contributor in 2010 gave the foundation $170,000. Others, all unidentified, gave $75,000, $70,000, $62,500, $19,065, $10,000, $5,000, and two who gave $50,000 each, the tax return shows.

The return shows total revenues of nearly $545,000 against $565,655 in expenses for the year.

The tax return indicates interactive whiteboard systems and laptop computers for educational purposes were distributed to the following schools:

Briarfield Academy in Lake Providence, Central School Corp. of Grand Cane, Old Bethel Christian Academy of Clarks, Tallulah Academy/Delta Christian School of Tallulah, St. Charles Borromeo Elementary of Destrehan, St. Edward Catholic School of New Iberia, Tensas Academy of St. Joseph, A.L. Smith Elementary of Sterlington, Bridge City Elementary of Westwego, Calvin High School, Claiborne Elementary of West Monroe, Downsville High School, Emily C. Watkins Elementary of LaPlace, Fairview High School of Grant, Garyville/Mount Airy Math & Science Magnet School, Haynesville Elementary, Hillcrest Elementary of Ruston, James Ward Elementary of Jennings, K.R. Hanchey Elementary of DeRidder, Krotz Springs Elementary, Many Elementary, Monterrey High School, Mulberry Elementary School of Houma, Oak Grove Elementary, Olla-Standard Elementary School, Peabody Montessori Elementary of Alexandria, Pollock Elementary, Port Barre Elementary, Quitman High School, Shongaloo High School, Sicily Island Elementary, South Highlands Elementary Magnet of Shreveport, Start Elementary, and W.W. Stewart Elementary of Basile.

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State employees get another slap in the face from administration in the form of Personnel Policy #95

Posted in Campaign Contributions, Civil Service, Ethics, Governor's Office, Legislature, Legislators, Lobbyist, Transparency on April 5, 2011| 5 Comments »

There exists something of a double standard in Louisiana state government between elected officials and civil service employees, or as some would describe it, between the haves and the have nots.

Members of the Louisiana Legislature may reinstate their currently suspended annual, automatic pay raises at their pleasure. Likewise, unclassified employees (appointees) may be given annual pay raises at the pleasure of the administration but for the second straight year state classified (civil service) employees have their pay frozen—at the behest of the legislature and Gov. Jindal.

Legislators may accept meals from lobbyists but classified employees are strictly prohibited from accepting so much as a cupcake from a vendor for fear that the low-level bureaucrat can do favors for the vendor that a legislative committee chairman obviously is unable to do. One civil service employee was fined $250 by the State Ethics Board a few years ago because a vendor sent her a Christmas ham.

The governor of the State of Louisiana is free to write a book about his career and to hawk it on national television but if an employee of the Division of Administration (DOA) wishes to write a book, he must obtain prior approval from his section head. Those who embrace the First Amendment might suggest that this is a form of prior censorship.

Legislators who happen to be attorneys can—and do—sue the state and no one in any official capacity sees it as a conflict of interest.

The playing field, which has never been level, is poised to become even more tilted in favor of those in power and to the detriment of those who work in the trenches on a day to day basis to keep the state running efficiently.

State classified employees—the same employees whose pay has been frozen for two years—cannot engage in outside employment activities to earn extra income unless the work is approved in advance by that same section head for fear that an employee may be engaging in a conflict of interest.

DOA employees either have already received or will be receiving a copy of DOA Policy No. 95 (not to be confused with Area 51 in Nevada, though the policy may appear to some to have been inspired by alien mind control). The new policy details limitations to any outside work employees may perform outside state business hours.

State civil service employees have for decades been asked to sign affidavits that neither they nor immediate family members worked for any contractors or vendors who did business with their agency but this regulation is far more restrictive.

The five-page memo being sent out via email to DOA employees said the purpose of the policy “is to prevent employees from participating in outside employment that may be detrimental to the DOA’s mission and public image.”

The governor only last week attended a campaign fundraiser hosted by a state vendor who has a $380,000 state contract but it’s not considered a conflict because, the vendor said, it was held “after hours.”

Corporations with lucrative multi-million-dollar contracts with the state are allowed—encouraged, even—to contribute to the governor’s wife’s foundation with no apparent concern about conflicts of interest. The governor, in fact, even posed with his wife for a photo that is featured on the foundation’s home page.

Could that be construed as a subtle solicitation of contributions on the part of the governor, and thus a conflict of interest? Apparently not.

So much for public image.

Outside employment is defined by Policy 95 as “any non-DOA activity for which economic benefit is received,” including but not limited to:

• Employment with any non-DOA employer;

• contracts to provide consulting, personal, or professional services to non-DOA individuals or entities, or

• Self-employment (an individual who operates a business or profession as a sole proprietor, partner in a partnership, or any other type of legal business entity).

Policy 95 defines economic benefit in the context of the policy as “any compensation or benefit an employee receives for his outside employment that has a monetary value, e.g. payroll check, cash payments, share of profits, share of stocks, equity participation, etc.”

Any current DOA employee planning to engage or already engaged in outside employment will be required to complete an Outside Employment Disclosure Statement form and forward it to his supervisor for review and consideration.

The supervisor will review the statement and make a recommendation to either approve or deny the request and the supervisor would forward the form, along with his recommendations, to the section head, who then would make the final decision to approve or deny the request. If the section head is unsure, he will be required to consult with the DOA Office of Human Resources (OHR) and if necessary, OHR would contact the Board of Ethics for further guidance.

On closer examination of the entire five-page document, it appears to be sorely lacking in firm, definitive policy and heavy on vague but subjective policy enforcement by too many section heads on individual whims. In more common venacular, enforcement is strictly fly by the seat of the pants with ever-shifting interpretations that could all too easily hinge on the personalities involved.

“Original disclosure statements for outside employment must be forwarded by the section to OHR for filing and copies should be kept by the supervisor in a confidential file,” the memo says.

The policy and accompanying memo are already causing an undercurrent of discontent among many state employees.

One DOA employee said he has no outside income but nonetheless feels it is no business of the state what he does after 5 p.m. “This just smacks of …. the old ‘1984 Big Brother is watching thing,’” he said in an email to OHR.

“I object strongly, on principle alone. I don’t care if I am a male stripper on Friday nights or if I repair cars in my back yard on Sunday mornings—it is none of your or anyone’s business.”

“At this moment in time, I am so angry that I have no intention of signing this thing…and I am sure that I am not alone,” he said. “What happens if I don’t sign? Would you really fire me—after 36 years?”

There was no indication as to whether or not Policy 95 would also apply to non-classified employees in the governor’s office.

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Time for Hebert and Sibille to resign from the University of Louisiana Board of Trustees–in open session

Posted in Higher Education, Lobbyist, Public Records, Regents, Transparency, tagged , , , on February 7, 2011| 2 Comments »

The late Supreme Court Justice Louis Brandeis, speaking of open meetings and above-board actions of elected and appointed officials, once said that sunshine is still the best disinfectant.

A metaphoric observation, of course, but nonetheless applicable in the case of the recent first-ever joint meeting of Louisiana’s five higher education boards.

Apparently at least two members of the University of Louisiana System Board of Trustees don’t see the necessity of making board decisions in the open and in public view.

Strangely enough, it took a suggestion from an outsider to inadvertently elicit remarks by the two ULS trustees that perhaps Louisiana should have no open meetings laws on the books.

Their utterances, whether made out of arrogance or ignorance, should anger every voter in Louisiana. Gov. Bobby Jindal’s “transparency in government” long ago turned into a sick joke, so there’s no need to add insult to injury.

Terry MacTaggart of the national Association of Governing Boards of Universities and Colleges (yes, it turns out even university governing boards have their own national lobby), served as moderator for the event and suggested to board members that they hold a “pre-meeting” in order to formulate policy.

Such “pre-meeting” would be in direct violation of the state’s open meetings laws which expressly prohibit any public body meeting in secret to discuss business. Board of Regents Chairman Bob Levy of Ruston, who also serves as district attorney for the Third Judicial District of Louisiana that includes Lincoln and Union parishes, was quick to set MacTaggart straight. He told MacTaggart, who works out of Washington, D.C., that Louisiana law strictly prohibits such activity.

It was at this point that ULS board member Gerald “T-Boy” Hebert and board Chairman Winfred Sibille contributed their opinions that should demand their immediate resignations.

Hebert, a major financial contributor to the University of Louisiana Lafayette, responding to Levy’s reminder of the requirements of the state’s “vigorous open meetings law,” hinted that perhaps a “joint effort to lobby the Legislature will change the law.”

Wait. What?

Did he really suggest weakening or worse, abolishing the state’s open meetings law? Sounds that way to us.

But in a statement that dripped with irony, Sibille said, “The worst thing that can happen at a board meeting is a surprise.” That remark in itself was something of a surprise. Apparently all public meetings are supposed to go smoothly with no debate or open discussion. Sibille then underscored that sentiment when he added, “All problems should be resolved before the meeting.”

Perhaps not since the days of Huey Long has anyone been so brazen as to suggest that public input be shut out of the decision-making process by any public body in Louisiana.

Open political debate has been the hallmark of this country’s government since its founding nearly 235 years ago. In New England they still have town meetings which are nothing like the orchestrated, controlled town meetings held by presidents Bush and Clinton and our current governor. Those are sound bite opportunities. New England town meetings are the bedrock of democracy. At those events, local citizens actively participate in policy-making decisions. To suggest otherwise to the citizenry there would be an open invitation to a new American Revolution.

If Hebert and Sibille are so arrogant as to have even a scintilla of conviction in what they said in that joint meeting, they should resign immediately.

If they are so ignorant as to not realize the ramifications of their remarks, then they have no business serving on any public board—certainly not the self-parody of a board of higher education—and they should resign immediately.

In short, there is no logical reason for either man remaining on any board.

There is no room for public men to advocate private decision-making by a public, taxpayer-supported board out of the sight of the taxpaying public. Their comments should incite outrage among voters.

Conversely, Louisianans owe a debt of gratitude to both Regents Chairman Bob Levy and ULS board member Jimmy Faircloth.

Faircloth, former executive counsel to Gov. Jindal, fired his own volley when he said board members get agendas and background information prior to the meetings so they should be prepared to discuss issues going in. But the public doesn’t always get the full story, he said. “Some of the substance is not discussed in meetings,” he said. “News about higher education is distributed through carefully-tailored press releases.”

Faircloth said none of the board members are elected but instead are appointed, so they should be prepared to make tough decisions and not be afraid of speaking their minds. “It would be healthy for open discussions to be on the record,” he said.

Levy was even blunter. Many board members are afraid of open discussions at open meetings, he said.

That begs the obvious question: Why are they afraid?

We’d be interested in hearing their answers.

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State contracts continue to proliferate

Posted in Campaign Contributions, Contract, Contracts, Education, Governor's Office, Higher Education, Legislature, Legislators, Lobbyist, Public Records, Transparency on February 6, 2011| 2 Comments »

The big news out of the nation’s capital last week was a Feb. 3 Washington Post story trumpeting the fact that the federal government spent $15 billion less on contracts for outside products and services during fiscal 2010, the first reduction since 1997.

The $15 billion cutback in contracted services will barely show up in the federal budget but the decrease from $550 billion to $535 billion is a start for those seeking ways to reduce the federal deficit.

The $550 billion spent on contracts during fiscal 2009 was more than double the amount awarded in federal contracts as recently as 2001. Federal contracts have gone unchecked for so long that the practice spawned its own organization. The Professional Services Council is a trade association (read: lobbyist group) formed specifically for the government professional and technical services industry.

Gov. Bobby Jindal and the Louisiana Legislature might be wise to take their cue from Washington for a change instead of continuing to snipe at the Obama administration—at least on this one issue. Obama’s fiscal 2012 budget will propose an additional reduction of 10 percent in federal contracts. That’s another $50 billion or so in cuts, something that should make fiscal conservatives weep for joy.

For fiscal year 2008-09, the latest data available, Louisiana had 6,304 contracts for goods and services worth a whopping $5 billion, according to the state’s annual report for that year. That figure is somewhat misleading in that nearly $3.2 billion was in the form of 1,083 cooperative endeavor agreements ($2.9 billion), 468 interagency contracts ($213.4 million) and 495 intergovernmental contracts ($79.4 million). In other words, it was money simply shuffled between agencies.

But that still leaves 1,292 professional services contracts ($178 million), 160 personal contracts ($7.4 million), and 1,275 consulting contracts (an eye-popping $1.4 billion).

Like the federal contracts, state contracts have increased by 153 percent in dollar amount since fiscal 2005-06 when a paltry $2 billion in contract work was on the books. That amount made a quantum leap to $3.3 billion the very next year (a 64.6 percent increase), and jumped to $4.7 billion in 2007-08, an increase of another 44.5 percent.

Granted, much of that increase in 2006-07 was for contracts for recovery from two devastating 2005 hurricanes—Katrina and Rita—and granted, much of the money was from the influx of federal disaster relief dollars. But once the genie is out of the bottle, it’s hard to put her back. In 2008-09 the dollar amount nudged up another $337 million, helping to set the stage for the budgetary disaster now being faced by the Legislature and the Jindal administration.

The state has a $37.2 million interagency contract with the office of the attorney general for legal representation to various state agencies, boards, commissions, and departments but still sees the need for scores of private legal firms across the state to “provide legal services to various state agencies.” Only the top 50 contracts were listed in the report, but 41 of those totaled an additional $33.4 million. Eight of those contracts were for legal services totaling $18.3 million on behalf of indigents statewide, the report said.

Contracts, particularly professional service and consulting contracts are handed out by the state like so much candy on Halloween night and there appears to be little oversight. Fully half of all state contracts awarded during 2008-09 were not approved by the Office of Contractual Review (OCR).

The $5 billion for the 6,304 contracts approved by OCR is only part of the problem. Hidden away among all the numbers spewed out so far is another $655.5 million for 6,341 contracts that were awarded in fiscal year 2008-09 which were approved not by Contractual Review, but by the individual agencies awarding the contracts.

These contracts, awarded under an obscure state law that allows the OCR director to delegate authority to state agencies for approval of professional, personal, consulting and social services contracts. Typically, such contracts are for $20,000 or less but the statute also grants leeway to the OCR director to delegate that authority to any state agency as deemed appropriate.

Accordingly, 5,334 of those contracts awarded under the delegation of authority were for amounts below the $20,000 threshold. Those 5,334 contracts totaled $51.7 million, an average of $9,700 per contract. Another 1,007 contracts totaling $603.7 million, however, were also awarded under the delegation of authority.

More than half of that amount, $330.9 million, was accounted for in 383 contracts awarded by the Office of Group Benefits.

Group Benefits had another 32 contracts totaling $898 million approved by OCR. Other contracts approved by OCR included 282 for the Office of Economic Development ($629.6 million), and 1,080 awarded by the governor’s office through the Division of Administration ($2.3 billion).

One contract, for $68.9 million was apparently a major windfall for Cypress Realty Partners of Baton Rouge. The contract was for an alternative housing pilot program for the Louisiana Recovery Authority. An internet company profile of Cypress Realty said the company employed six people and had annual revenues of $410,000.

Two other contracts, both intergovernmental, were with out-of-state universities and totaled more than $900,000. Jackson State University of Jackson, Mississippi, was awarded a contract in the amount of $536,435 to “recruit, select and train teachers for placement in high need local education agencies/school systems.”

Clemson University of Clemson, South Carolina, was awarded a $375,000 contract to develop “active, selective catalysts for the conversion of natural-gas derived syngas (synthetic gas) to ethanol.”

Several contractors were paid to represent the state in other countries. Pathfinder Team Consulting received a $690,000 contract to provide foreign representative services in Europe while Access Marketing got a $234,000 contract to serve as a foreign marketing representative in Ontario Province and western Canada for the Office of Tourism.

A contract for $148,500 was awarded to Louis Bowden, dba Asia Capital to provide foreign representative services in China. Steve Lee and Hernan Gonzalez each received $75,000 contracts to provide foreign representation in Taiwan and Mexico, respectively. Ofihotel S.A. had a $60,000 contract to provide foreign representation in Central America.

Following is a partial list of contracts for fiscal year 2008-09:

• V- Vehicle Company, Ouachita Parish ($87 million);

• Foster Poultry Farms, Union Parish ($50 million) as inducement to purchase and operate poultry production and processing plant and provide 1,100 jobs;

• Lafourche Parish Council ($24.8 million), repair, rebuild, replace hurricane-damaged infrastructure;

• Bayou Lafourche Fresh Water District ($17.5 million) to clear debris from Bayou Lafourche;

• Lafourche Parish School Board ($480,000) to provide academic assistance in literacy and/or math, enrichment, recreation, technology, tutoring parental involvement and family literacy activities;

• Lafourche Parish Council, Office of Community Action ($319,964) to provide services and programs in accordance with the Community Service Block Grant Act of 1981;

• Terrebonne Port Commission ($10 million) for bulkhead, land improvements and other related infrastructure improvements, planning and construction;

• Terrebonne Parish Consolidated Government ($2.2 million) to provide intensive residential treatment program, provide funding to assist with design of a ring levee to surround Chabert Medical Center;

• St. Mary Parish Government/Council ($3.55 million) to operate a 52-bed inpatient treatment programs to individuals with addictive disorders; to operate a 12-adult bed and 21-children’s bed for TANF-eligible women and their dependent children;

• Vermilion Parish School Board ($9.2 million), rebuild, repair, replace hurricane-damaged primary and secondary public school infrastructure;

• Vermilion Parish Police Jury ($5.5 million) to repair, rebuild, replace hurricane-damaged infrastructure;

• St. Martin Parish School Board ($302,784) to provide comprehensive/preventive services to registered students;

• Jefferson Davis Parish Police Jury ($310,821) to complete strategic prevention framework planning process for substance abuse;

• West Feliciana Acquisition, LLC ($6 million) for acquisition, improvement, and operation of a paper mill in St. Francisville, creating 200-375 jobs;

• City of Ville Platte ($675,000) to provide juvenile delinquency prevention/diversion services to youth;

• City of Hammond ($367,728) to provide juvenile delinquency/diversion services;

• Southeastern Louisiana University TIP Comptroller’s Office ($2.1 million) to provide a continuum of family preservation, community based family support services;

• Lallie Kemp Regional Medical Center ($785,000) to provide Ryan White Care Act Aids Drug Assistance program;

• Grambling State University ($106,601) to provide educational opportunities for persons committed to entering or continuing in the field of child welfare;

• Louisiana Tech University ($1.2 million) to provide lessons to youth ages 11-14 to prevent/reduce addictive disorders;

• Southeastern Louisiana Area Health Education Center ($5 million) to provide system point of entry services for St. Mary, Terrebonne, Lafourche, Tangipahoa, and Washington parishes;

• First Steps Referral and Consulting ($2.8 million) to provide system point of entry services and provide site development workshop training to school leadership and teachers in Acadia, Evangeline, St. Martin, and Vermilion parishes;

• Families Helping Families at the Crossroads of Louisiana ($2.7 million) to provide point of entry services in LaSalle, Avoyelles, and Winn parishes;

• Youth Empowerment Project ($1.3 million) to provide system point of entry services for reintegration services for youth and counseling for families in Acadia, Evangeline, St. Martin, Vermilion, Jefferson Davis, and Allen parishes.

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My platform for the 2011 governor’s election

Posted in Campaign Contributions, Contract, Contracts, Ethics, Golf Courses, Governor's Office, House, Senate, Layoffs, Legislature, Legislators, Lobbyist, Taxes on November 11, 2010| 8 Comments »

Okay, after much deliberation, soul-searching, and with encouragement from family and friends (and co-workers who just want me go somewhere, anywhere else), it is with tongue planted firmly in cheek that I announce my candidacy for governor of the gret stet of looziana.

I am offering my services with a fairly simple no-frills platform. Some of the individual planks in my platform are certain to offend some very influential people—and that’s a good thing. So, without fanfare, frills or equivocation, and with the promise of no compromise, here is that platform:

No out-of-state campaigning for any Democrat or Republican candidate. My first responsibility will be to the citizens of Louisiana, not some two-faced, lying parasite who has never held a real job. Besides, I’m an independent. Plus, I don’t trust any politician. And no out-of-state travel for book signings, either;

Merge several universities and junior colleges throughout the state and convert some four-year schools to junior college status. Failing that, at least merge some of the programs—such as the law schools at Southern University and LSU in Baton Rouge. With the help of a reluctant legislature, this will cut duplication in athletic scholarships, salaries of coaches and university administrators, and in replicated programs;

Turn over all operations of the Governor’s Office of Homeland Security (otherwise known as the Governor’s Patronage Department) to the State Police where it was originally and should be again. If you recall, the administration pushed through a constitutional amendment in October that changed the Office of Homeland Security from classified (civil service) to non-classified (appointive) so that Homeland Security employees may receive any size pay raise the administration deems appropriate. Civil service employees, meanwhile, have their merit raises frozen indefinitely;

Eliminate the lieutenant governor’s office and assign the duties of that office to the secretary of state. Hey, it worked with the elections commission;

Have the Office of Contractual Review do its job by reviewing ALL contracts, including consulting contracts, to determine need;

Use the governor’s line-item veto to cut wasteful spending and to balance the state budget instead of laying off employees who have families to support, college tuition and home mortgages to pay, and who need health insurance;

In lieu of layoffs, offer state employees the option of accepting a pay cut of 7.5 to 10% for those making $50,000 to $100,000; 15% for those making up to $200,000; 20% for salaries of $200,000 to $300,000, and 25% for anyone making more than $300,000. Most employees would opt for a pay cut if it meant saving their jobs but sadly, the present administration has never even considered this option. Legislators would also be required to take a 25% cut. In fact, cut cabinet level salaries altogether;

Sell off all state golf courses. No additional explanation necessary;

Revisit the sacred Homestead Exemption (see? It’s even capitalized.);

Increase tobacco and alcohol taxes to at least the national average. If people are going to kill themselves with their indulgences, at least make ‘em pay for the privilege and make ‘em pay for the use of our charity hospital system when they develop catastrophic illnesses related to their vices;

Pass a constitutional amendment that future budget cuts, when necessary, won’t affect education or health care (someone needs to do this.);

Block computer games and internet access to legislators on Senate and House floors during legislative sessions;

Require all lobbyists to register with the Secretary of State (they already register with the House Speaker, but that’s too close to the center of power) and assess a hefty registration fee for all lobbyists except for non-profits;

Discontinue publishing legislative acts and other legal news in the Baton Rouge newspaper. This practice is cost prohibitive now that we have the free internet;

Enact a tough ethics code with real teeth. Bar any gifts to legislators, including meals, drinks, parties, etc. Any lobbyist violating said act shall be subject to severe fines and shall be barred from all future legislative sessions. Any legislator violating said act shall be subject to heavy fines and forfeiture of legislative pay for duration of his/her term of office.

Consolidate investigative agencies. Louisiana currently has five investigative agencies: the attorney general’s office, the ethics commission, the inspector general, the state police investigation program and the legislative auditor. Total budget for the five agencies: $55 million. Because the present administration has already gutted, stripped, and otherwise neutered the ethics commission. I suggest the state police absorb the auditor’s office, the inspector general, and ethics commission and that any investigations now pending with the latter three agencies be turned over to the state police. You may have noticed that the attorney general was left out of the loop. That’s because the AG is elected and as such, is a politician and not to be trusted with any investigation of state officials.

There you have it: my complete platform. Oh, wait. There is one more: No campaign contributions shall be accepted from any person, organization, foundation, PAC, or lobbyist.

I guess I should go ahead and write my concession speech now.

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