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In the past we’ve compared Piyush Jindal to Richard Nixon, primarily in the context of Jindal’s desire for absolute power and his intolerance for dissent. For the most part those comparisons were tongue-in-cheek, intended to show the governor’s absurd propensity toward micromanagement.

The comparisons were metaphors as much as anything else and not to be taken literally.

That was then.

Now, less than a year into his second term, Jindal, much like Nixon, is becoming more and more obsessed with secrecy.

Nixon’s attempt to conceal public documents behind a cloak of “executive privilege” has been supplanted by Jindal’s even vaguer term—something called the “deliberative process.”

Jindal demands complete and total loyalty from his minions with no room for dissent.

He is certainly entitled to expect—and demand—loyalty from his appointees. That is his right.

But his problems run much deeper; Jindal’s administration, much like that of Nixon’s is being permeated with the destructive mentality of paranoia.

That is, without question, the most serious and debilitating characteristic that can plague any elected leader and whether one likes Jindal or despises him, it is both sad and disturbing to watch the slow unraveling of what could have been. The realization that his mistrust of anyone who might pose a question about any of his decisions is slowly starting to paralyze the state he was elected to serve. The story of his administration will read not as history as it should, but more like a Shakespearian tragedy.

Now we have proof that he, like Nixon, is not beyond concocting outright lies to conceal his real intent and to advance his agenda. We have known this all along but now we have written documentation and, strangely enough, LouisianaVoice was the catalyst in this new, unfolding drama.

But this isn’t about LouisianaVoice.

This is a much larger and more important issue.

It’s about trust and credibility.

Jindal has steadfastly maintained that he has taken a “hands-off” approach to the day to day operations at LSU, even to the point of the governor’s executive counsel Elizabeth “I didn’t know there was a State Constitution” Murrill’s outright denial on Oct. 9 that she instructed LSU to hide behind the deliberative process privilege.

But nearly two months earlier, on Aug. 16, LSU attorney Shelby McKenzie wrote LSU Interim President William Jenkins that Murrill had specifically asked to review documents requested by LouisianaVoice.

The documents were also shared with Lee Kantrow, a private Baton Rouge attorney who serves as legal counsel to the University Medical Center board.

It seems they were shared with virtually everyone but the media which had requested the information in the first place.

Murrill, along with the rest of the governor’s office, of course, have employed the bunker mentality as they hunker down and now refuse to comment publicly on their being caught in the big lie.

Deliberative process is a legal term that never existed before Jindal took office in 2008.

It powers the process of deciding what qualifies as public record and what does not in that it protects deliberations in the governor’s office as well as in recommendations to the governor by agency officials.

A 45-page report by the Louisiana Law Review at the LSU Law School says of the deliberative process:

• The statutory deliberative process privilege allows the governor to fight the disclosure of any government record (emphasis ours) used in his decision-making process, even if that record is located outside the governor’s office. Some scholars criticize the very concept of the deliberative process privilege as eroding the “power and effectiveness of the citizens who we regard as sovereigns.” By adopting the phrase “deliberative process,” the legislature has attempted to implicate a body of law interpreting a particular exemption under the federal Freedom of Information Act (FOIA). But it is not quite the clean fit the legislature might have envisioned. Left unsettled is whether Louisiana courts will or should embrace all the various intricacies in FOIA jurisprudence or craft solutions more faithful to Louisiana’s historically liberal public records doctrine.

• Under Act 495, the governor will also be able to deny access to “intra-office communications” between himself and his staff. Courts will have to decide just what types of communications qualify for this exemption, as a broad interpretation will result in this “new” addition to the statute amounting to little more than a smaller version of the governor’s prior custody-based exemption.

• Finally, Act 495 raises an interesting dilemma: are governors now required to archive records, rather than shred them upon leaving office? One reading of the new law seems to allow governors to shield forever the documents that they independently deem as revealing of their deliberative process, denying potentially valuable and enlightening information to historians and future generations.” (emphasis ours)

Apparently, all an agency head has to do to protect public records from scrutiny is to couch them in the form of recommendations to the governor.

To be fair to McKenzie, he apparently recognized the legal problems of hiding behind the deliberative process shield and attempted to straddle the issue with his letter. “The express provisions of the statute are not broad enough to apply to the current public records request,” he said. “An argument could be raised that the privilege is grounded in constitutional principles (oops! Just lost Murrill) “of separation of powers and personal freedom of expression,” adding that a resolution of the issue “is a genuine legal dispute” that only a court could resolve.

He said that because the deliberative process is being invoked by several state agencies, “it is unlikely that LSU will be the target of any legal attack on the privilege.”

So, while the prevailing philosophy seems to be to employ the deliberative process so liberally and so often that those seeking information to which the public is entitled become so confused and exhausted in their efforts that they will give up.

Don’t count on it.

Nixon did.

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Thursday’s meeting of the Joint Legislative Committee on Health and Welfare was a critical meeting in that committee members were considering massive cutbacks to the LSU healthcare system and the impending layoffs of nearly 1500 employees at seven of the 10 hospitals in the LSU system.

One might think that a meeting such as this might important enough to merit the testimony of Bobby Yarborough, member and former chairman of the LSU Board of Supervisors.

One would be wrong.

Yarborough, who also served as campaign finance chairman for Jindal’s re-election campaign last year (he’s a busy man), might also have spoken up in his capacity as chairman of the University Medical Center Management Corp. Board.

But he did not.

Nor did anyone from the administration of one Piyush Jindal appear to justify cuts of more than $300 million that will necessarily cause significant reductions to the availability of health care to Louisiana’s uninsured poor—and even insured Louisiana residents who are geographically depending on facilities such as Bogalusa Medical Center, one of those slated for cutbacks.

Instead, Dr. Frank Opelka, chief of the LDU system health care, was left to defend the cuts and to withstand withering questioning from members of the joint committee.

It might also be expected that for a meeting as important as this one was, all members would be in attendance, but that also was not the case.

Absent from the entire four-hour session were Sens. Dan Claitor (R) and Yvonne Dorsey-Colomb (D) of Baton Rouge and ex-officio member Rep. Walt Leger (D-New Orleans).

House members attending the meeting included committee Chairman Scott Simon (R-Abita Springs), Frank Hoffman, vice chair (R-West Monroe), John Anders (D-Vidalia), Kenny Cox (D-Natchitoches), A.B. Franklin (D-Lake Charles), Lance Harris (R-Alexandria), Kenneth Havard (R-Jackson), Bob Hensgens (R-Abbeville), Dorothy Sue Hill (D-Dry Creek), Katrina Jackson (D-Monroe), H. Bernard LeBas (D-Ville Platte), John Morris (R-Monroe), Rogers Pope (R-Denham Springs), Lenar Whitney (R-Houma), Patrick Williams (D-Shreveport), Thomas Willmott (R-Kenner) and House Speaker Chuck Kleckley, ex officio (R-Lake Charles.

Senators present on Thursday included Chairman David Heitmeier (D-New Orleans), Fred Mills, vice chairman (R-New Iberia), R.L. “Bret” Allain, II (R-Franklin), Sherri Smith Buffington (R-Keithville), Dale Erdey (R-Livingston), Elbert Guillory (D-Opelousas), Ben Nevers (D-Bogalusa), and Senate President John Alario (R-Westwego).

Even more difficult to understand, however, was the early exit of many of those who did attend. Several were there long enough to qualify for their $149 per diem checks, plus 55.5 cents per mile (round trip) for travel, but were not present near the conclusion of the session when Nevers attempted to push through a resolution requesting the LSU Board of Supervisors and Dr. Opelka to delay implementation of any cuts until all plans have been finalized and presented to the legislature.

While there was a sufficient contingency of senators to mount a quorum, more than half the House members had departed, leaving Simon with no choice but to disallow any vote on Nevers’s motion under House rules.

Rep. Rogers Pope (R-Denham Springs), one of those who stayed until the end, said he could not speak for those who left and did not know the reasons for their departure. “They may have had things to do but you know, this is an important issue and we were elected to look out for the best interests of our constituents. I took an oath of office and I felt obligated to remain until adjournment.”

Pope said he is fully aware of the budgetary crisis, but said health care for the poor is imperative. “There are going to be cutbacks in services rendered but we need to make wise decisions on what is cut and where.

“I don’t like a lot of things this governor is doing,” he added. “I especially do not like what he has done and is doing to education in this state.

“Sure, we have problems in education, but you don’t scrap the whole system. We have bad governors in this country, too, but we can’t just throw them all out and start over. It’s not that easy. You work within the system to improve it; you don’t destroy the system.”

Pope said he was aware that Jindal does not like criticism. “But I’ve criticized him in the past so I know I’m among those on the outside.”

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“I would like to make a motion that the Joint Health and Welfare Committee urge and request the LSU Board of Supervisors and Dr. (Frank) Opelka (head of the LSU Health System) to delay implementation of any cuts to the LSU hospitals until plans have been finalized that will ensure patients of the LSU hospital system that they will continue to receive services and where they (services) will be administered.

“I think we all deserve the plan and they should hold up on the cuts until such time as they present the plan.”

–Sen. Ben Nevers, D-Bogalusa, at the conclusion of the four-hour hearing by the Joint Legislative Committee on Health and Welfare on Thursday, held to consider proposed cuts and closures of parts or all of seven of the 10 hospitals in the LSU system.

“Mr. Chairman, I would like you to consider allowing the senators to vote on the motion even though there’s not a quorum. We have a quorum of Senate members; they’re here and ready to do business.”

–Nevers again, on being told that House rules prohibited the committee’s voting on the motion. (Committee Chairman Rep. Scott Simon, R-Abita Springs, again refused, citing House rules. There was no explanation as to why House members vacated the committee meeting before its conclusion.)

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“He seems to have little interest in strengthening its educational mission. He’s slashed its budget by an obscene amount (almost half a billion dollars in cuts for Louisiana higher education in the past three years). In that time, state appropriations as a percent of LSU’s budget have gone from 60 percent to about 35 percent. Ten percent of the faculty has left or been laid off. Courses have been cancelled. Class size has grown. Tuition has increased dramatically.”

–Bob Mann, director of the LSU School of Mass Communication’s Reilly Center for Media & Public Affairs, on Gov. Piyush Jindal’s persistent meddling in the day to day operations of the state’s flagship university, a practice Mann says can endanger the school’s accreditation.

“Perhaps the only reason he hasn’t yet started stuffing LSU with friends and washed-up legislators is that he only recently acquired a strong majority of the LSU Board of Supervisors.”

–Bob Mann, further elaborating on Jindal’s possible motives in assuming political control of LSU. (Mann, however forgot to mention that Jindal achieved that “strong majority” by appointing to the board a man who has less than a year of college education. Ya gotta love it.)

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Much like the proverbial frog in the pot, the heat is being turned up on Gov. Piyush Jindal and he may not even realize it until the water starts boiling.

First, two national publications, and now a Baton Rouge blogger have taken dead aim of the political mauling of the state’s flagship university at the hands of Jindal and his hand-picked Board of Supervisors and an outfit calling itself Louisiana’s Flagship Coalition.

That blogger just happens to be none other than Robert Mann who holds the Manship Chair at the Manship School of Mass Communication at LSU and who is director of the school’s Reilly Center for Media & Public Affairs. He has written several critically acclaimed political histories of the U.S. civil rights movement, the Vietnam War, and American wartime dissent. His most recent book, Daisy Petals and Mushroom Clouds: LBJ, Barry Goldwater and the Ad that Changed American Politics, was named by the Washington Post as one of the best political books of 2011.

He has worked for three U.S. senators (John Breaux, Bennett Johnston and Russell Long) and a Louisiana governor (Kathleen Blanco).

That said, when Mann takes on the governor, he is not to be taken lightly.

Given the fact that Jindal is in full control of his rubber stamp LSU Board of Supervisors and equally compliant university Interim President William Jenkins, Mann’s recent blog post raised more than a few eyebrows in and around Baton Rouge.

Jindal, after all, has already teagued former President John Lombardi, health system head Dr. Fred Cerise, Interim LDU Public Hospital CEO Dr. Roxanne Townsend and LSU System General Counsel Ray Lamonica.

And that’s just at LSU. Jindal has fired subordinates and demoted legislators for the simple act of disagreeing with him or thinking independently so one has to wonder if Mann’s scathing column is enough to provoke the little dictator into firing Mann, one of the most esteemed members of the Louisiana Fourth Estate.

Just the title of his post was provocative enough: So, Gov. Bobby Jindal is running LSU. Why should we care? In the column itself, Mann said, “Jindal doesn’t care much about putting LSU on stronger financial footing and he has made no effort to explain his cuts to students or faculty. Here is the link to Mann’s post:

http://bobmannblog.com/2012/09/18/so-gov-bobby-jindal-is-running-lsu-why-should-we-care/

“What he may care about is the LSU jobs available to his friends and campaign donors. His history of favoritism in other state departments (not to mention his intolerance of dissent) is well-known. Perhaps the only reason he hasn’t yet started stuffing LSU with friends and washed-up legislators is that he only recently acquired a strong majority of the LSU Board of Supervisors.”

It should be noted that one of the board members recently appointed by Jindal is campaign contributor Lee Mallett of Iowa, who attended less than a year of college at McNeese State University in Lake Charles. So, a member of the governing board of the state’s flagship university serves sans degree. Nice.

“With Just a few years left in office, it’s time to start finding well-paying jobs for his friends and campaign contributors. Jindal’s ‘Jobs Plan for Friends’ plan, however, assumes there’s a viable accredited university still in existence,” Mann said.

Accreditation was the thrust of Mann’s column. “Losing accreditation—or being deemed non-compliant in a major category—would be very harmful or even deadly for LSU and its budget,” he said. “If it lost federal student aid, the university would not survive.”

One of the major criteria for accreditation by the Southern Association of Colleges and Schools (SACS) is governance and administration of institutions “free of undue political influence,” Mann said.

He cited Section 3.2.4 under Governance and Administration in the SACS Principles of Accreditation which requires that “The governing board is free from undue influence from political, religious, or other external bodies and protects the institution from such (external) influence.”

“Can anyone say with a straight face that LSU is in compliance with this standard?” he asked—perhaps rhetorically and perhaps not.

Mann provided internet links to two separate publications that address the problems of governors attempting to run state universities. One of those specifically cited the present political atmosphere at LSU.

The Pew Center on the States in August published a report entitled How Governors govern Higher Ed. While that report never mentioned LSU or Jindal, it did name Florida Gov. Rick Scott and Texas Gov. Rick Perry, two of Jindal’s closest allies, for their interference in the affairs of Florida A&M and Texas A&M, respectively.

The strongest indictment of Jindal, however, was contained in Lombardi’s Firing at LSU Puts Spotlight on Governor’s Reach into University Affairs, a report published by the Chronicle of Higher Education.

That report accuses Jindal staff members into trying to “strong-arm Mr. Lombardi into firing people” and further describes the governor’s office as “intent on inserting itself into the day-to-day management of the university system, often in alignment with a group called the LSU Flagship Coalition.”

In alignment with LFC? Really?

LFC describes itself as “a group of business leaders and citizens from across the state supportive of maintaining and enhancing LSU as a flagship university. The Coalition’s focus is on a top-tier research university that continues to improve its performance through admission standards, faculty research and productivity and higher retention and graduation rates. We believe LSU should be a driving force in the state’s workforce objectives, economic development strategies and innovation opportunities.”

Sounds noble enough. But let’s take a closer look at the LFC makeup.

Of its 57 members 33 combined to contribute nearly half-a-million dollars ($496,000) to Jindal political campaigns.

That’s in addition to the nine members of the LSU Board of Supervisors who chipped in another $162,000 and seven members of the University Medical Center Management Corp. Board who gave an additional $203,800. Because a couple of contributors serve on more than one of the boards, we have to be fair and say the total comes to something in excess of $800,000 (not the $861,000 at first glance) for the privilege of a handful of political cronies to run the state’s flagship university.

The desire by Jindal to have Lombardi fire Mike Gargano, chief of staff and vice president for students and academic support, Lamonica and Charles Zewe, vice president of communications and external affairs was “reinforced” by Jindal staff members during two separate meetings with Lombardi.

Jindal wanted them gone because he considered them insufficiently responsive to directives from the governor’s office. When Lombardi refused, LFC member Sean Reilly called Alvin Kimble, then a member of the LSU Board of Supervisors. “Sean called me and said we need to get rid of John Lombardi,” Kimble said.

Lombardi was fired in April of this year and Lamonica was “reassigned” last month.

While the LFC touts its agenda as aimed at turning the Baton Rouge campus into a “top tier” research university, there are those who have their doubts.
Kevin Cope, chairperson of the LSU Faculty Senate, said there has not been “a single example of work-force development that is aimed at basic research or advanced research.”

Cope said he also is concerned about apparent conflicts of interest between the LSU provost and a company run by an LFC member.

Provost John Maxwell Hamilton is a member of the board of directors of Lamar Advertising where LFC member Sean Riley is chief executive.

Hamilton has averaged $130,856 per year as his annual compensation from Lamar, including cash and stock, according to the company’s proxy statements.

Hamilton said his board membership at Lamar presents no conflict of interest.

Here are the contributions to Jindal’s campaigns by LFC members, their family members, their businesses and business associates:

• Hank Anderson: $20,000;

• Brent Bankston: $1,000;

• Boysie Bollinger: $58,850;

• David Bondy: $24,000;

• Jeff Brooks: $21,150;

• Terrell Brown: $2,000 (Brown was head of United Companies in Baton Rouge when the company went bankrupt);

• Ron Cambre: $25,000;

• Jay Campbell: $1,500;

• Jim Flores: $5,000;

• Todd Graves: $31,000;

• Lane Grigsby: $33,000;

• Frank Harrison, Jr.: $5,000;

• Brian Haymon: $1,000;

• Gary Laborde: $6,000;

• Richard Lipsey: $28,000;

• Roy O. Martin: $24,000;

• James Maurin: $11,000 (Maurin and Roger Ogden were both officers with Stirling Properties which contributed $5,000. Stirling’s contribution is included with Maurin but not Ogden.);

• Henson Moore: $6,000;

• Ron Neal: $500;

• Jake Netterville: $7,000;

• Roger Ogden: $5,000;

• Will Pecue: $34,500 ($15,000 of that from Taylor Energy, which has been leaking oil into the Gulf of Mexico for more than eight years);

• Michael Polito: $38,400;

• Sean Reilly: $11,000;

• William “Billy” Rucks, IV: $17,500;

• Rob Stuart: $16,000;

• Richard Sturlese: $3,500;

• Carol Suggs: $2,300;

• Cyril Vetter: $2,500;

• Charles Weems: $5,000;

• Michael Worley: $15,000;

• Gary Young: $16,000;

• Richard Zuschlag: $17,384.

LFC Executive Board members include Bollinger, Flores, Grigsby, Haymon, Martin, Maurin, Ogden, Reilly and Young.

Those nine combined to contribute more than $166,200, or an average of $18,470 each.

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