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State Treasurer John Kennedy has forwarded a two-page letter to the executive director of the Louisiana State Police Retirement System (LSPRS) that itemizes 13 questions Kennedy said need to be addressed concerning the $55,000 per year pension increase awarded State Police Superintendent Mike Edmonson in the closing minutes of the recent legislative session.

An amendment to Senate Bill 294, quickly signed into law by Gov. Bobby Jindal as Act 859, allowed Edmonson and one other state trooper to revoke their decision made at lower ranks to enter the state’s Deferred Retirement Option Plan (DROP). In Edmonson’s case, he entered DROP as a captain, which effectively froze his retirement calculated on his salary at that time.

He was subsequently promoted to Superintendent of State Police which carried with it a substantial pay increase that made the DROP decision a bad one—like many other state employees who made similar moves and were later promoted.

The amendment was inserted into an unrelated bill dealing with disciplinary actions to be taken with law enforcement officers under investigation by a six-member conference committee, none of whom will claim credit—or blame—for the action.

Even worse than the furtive action, most probably taken at the direction of Gov. Bobby Jindal, five of the six conference committee members appear to be unwilling to man up and discuss their actions.

Kennedy, who by virtue of his office is a member of LSPRS, wrote to Executive Director Irwin Felps:

“In furtherance of our board meeting, other discussions regarding this matter and our fiduciary obligations to all of the people the system serves, I wanted to set forth in writing, as a board member and the State Treasurer, the issues that I think must be fully investigated and answered by you, our counsel and other staff, for the board so that it can make the necessary decisions and take appropriate actions, if any, to meet its fiduciary duties. This list is not meant to be exclusive, and there may be others to be included from other members, you, counsel and others, which should be answered too and which I welcome.”

Kennedy then listed the following 13 questions which he said needed answers:

  • How many people does the act benefit?
  • Who are the people it benefits, so that they can be invited to address these issues and their involvement with our board?
  • What are all of the costs of the act to the system and its members?
  • Is it true the actuarial note setting forth the cost of the act was added three days after the bill passed and, if so, why?
  • What would be the costs to give the same retirement benefit increase resulting from the act to all troopers and their dependents that are similarly situated?
  • What is the opinion of the act of the Governor’s Executive Counsel who reviewed the bill before the Governor’s signature approving it?
  • Who sponsored the benefits-boosting conference committee amendment, so that they can be invited to address why it was offered with our board?
  • Does the amendment in question satisfy the legal requirement of proper notice for a retirement benefits bill?
  • Does the amendment in question meet the legal requirement of “germaneness” (relevance) to the amended bill?
  • Does the amendment in question violate the state constitutional prohibition against the Legislature passing a law that impairs the obligations of contracts?
  • Does the amendment in question satisfy the state constitutional requirement of equal protection of the law?
  • Does the process by which the amendment in question was adopted violate the Legislature’s internal rules or procedures?
  • What are the board’s legal options?

Copies of Kennedy’s letter were sent to State Treasury Executive Counsel Jim Napper and board members of LSPRS, Louisiana State Employees’ Retirement System (LASERS), Teachers’ Retirement System of Louisiana (TRSL), and the Louisiana School Employees’ Retirement System (LSERS).

Records denied LouisianaVoice by House, Senate

The six conference committee members who met to iron out differences in the House and Senate versions of SB 294, to which the controversial amendment was added, include Sens. Jean-Paul Morrell (who authored the original bill), Neil Riser (R-Columbia) and Mike Walsworth (R-West Monroe), and Reps. Jeff Arnold (D-New Orleans), Walt Leger, III (D-New Orleans) and Bryan Adams (R-Gretna).

We attempted to obtain records of emails between conference committee members, Edmonson, the governor’s office and the Division of Administration but the wagons were quickly circled and we got the standard runaround from both the House and Senate.

It seems by some convoluted logic that communications of legislators about legislative business that affects taxpayers is not public record.

This is the response we received from both the House and Senate:

“You request: ‘all emails, text messages and/or any other communications between Col. Mike Edmonson and members of his staff, State Sen. Neil Riser and/or any of his staff members, any other legislator and/or members of their staff, specifically Reps. Jeff Arnold, Walt Leger and Bryan Adams (and Morrell, Riser and Walsworth) and between either of these (six) members and Gov. Bobby Jindal and/or any of his staff members, including but not limited to Commissioner of Administration Kristy Nichols and/or any members of her staff, concerning, pertaining to or relevant to any discussion of the Deferred Retirement Option Plan (DROP), retirement benefits for Col. Mike Edmonson and discussion of any retirement legislation that might affect Col. Mike Edmonson and/or any other member of the Louisiana State Police Retirement System.’

“Any communication by or with or on behalf of a Legislator ‘concerning, pertaining to or relevant to any discussion of the Deferred Retirement Option Plan (DROP), retirement benefits for Col. Mike Edmonson and discussion of any retirement legislation that might affect Col. Mike Edmonson and/or any other member of the Louisiana State Police Retirement System’ falls under the ‘speech’ protected by LA con. art. III, § 8, clause 2: ‘No member shall be questioned elsewhere for any speech in either house.’ Our appellate courts have held that ‘the speech privilege extends to freedom of speech in the legislative forum; when members are acting within the “legitimate legislative sphere,’ the privilege is an absolute bar to interference. The courts have further held that conduct which falls within this ‘sphere’ of privilege is ‘anything generally done in a session of the House by one of its members in relation to the business before it.’ Copsey v. Baer, No. CA 91 0912, 593 So.2d 685, 688 (1st Cir. Dec. 27, 1991), Writ Denied 594 So.2d 876, (La., Feb. 14, 1992).

“Your request to review records concerning retirement legislation falls directly within the ‘sphere’ protected against disclosure by the Louisiana constitution. All of the records you request to review are privileged from your examination.”

So there you go, folks. You have no right to pry into the business of the State of Louisiana if it’s discussed by a legislator. How’s that for the gold standard of ethics and for accountable and transparent government?

Only Walsworth responds to LouisianaVoice email

LouisianaVoice also sent each of the six an identical email on Wednesday that said:

“Because there has been nothing but deafening silence from the six members of the conference committee that approved the egregious retirement increase for Superintendent of State Police Mike Edmonson, I thought I would contact each of you individually to give you the opportunity to explain your thought process in enacting this legislation to benefit only two people to the exclusion of all the others who opted for DROP but would now like to revoke that decision.

“To that end, I have several questions that I respectfully ask you as honorable men with nothing to hide to answer. Your continued silence will leave me no alternative but to believe you are not honorable men and that this action was taken in the session’s dying hours in a deliberate attempt to do an end around the public’s right to know what transpires in Baton Rouge.”

Here are the questions I posed to each man:

  • Did you introduce, or do you know who introduced, the amendment to SB 294? (If each of you denies any knowledge of this, the implication is simple: you take issue with State Treasurer John Kennedy’s contention that the amendment did not “fall from the heavens.”)
  • Did you have any contact with Mike Edmonson or any member of his staff prior to the amendment’s being added to SB 294?
  • At what point during the session just ended did the matter of Col. Edmonson’s retirements first arise?
  • Why was the full House and Senate not made aware of the wording of the amendment to SB 294?
  • Was it your intent that no one should know the real intent of amendment to SB 294?
  • Edmonson, on Jim Engster’s radio show, indicated it came up several weeks before the end of the session. If that is true, why was there a delay until the last day of the session to tack the amendment onto SB 294?
  • Did you have any contact relative to the amendment from Gov. Jindal’s office or the office of Commissioner of Administration Kristy Nichols?
  • If you did have contact with Mike Edmonson and/or any of his staff members, the governor’s office or Kristy Nichol’s office, would you willingly release the contents of those communications?
  • Finally, do you think it fair to do this for only two people while excluding hundreds, perhaps thousands of retirees who made similar decisions to enter DROP only to regret their decisions?

With the exception of Walsworth who responded on Thursday, the response has been a continued embarrassing silence.

Here is Walsworth’s response:

“I did not introduce the amendment.  I can only answer for myself, not others.

“I had no contact with Mike Edmonson or any member of his staff concerning this amendment.

“I believe I heard about the problems with the amendment like everyone else, through the media a couple of weeks ago.

“The last day of the session is usually very hectic.  My recollection of the events of that day was that the report came to my desk by a staffer.  I saw the amendment and asked if it effected (sic) more than one more person.

“The staffer said yes. I knew that in the past we had given this provision to several retirement systems. So I signed the report. Sen. Jody Amedee’s child was in the hospital and as Vice Chair of Senate Gov. Affairs Committee, I was in charge of the Senate going into Executive Session to handle appointments. To be honest, I do not recall what the author said when he presented SB 294 on the floor.

“I had no contact from anyone in Gov. Jindal’s office or Kristy Nichols’ office.

“It has been many years since I was on the retirement committee.  I have always been an advocate that retirees should have more choices. They should have more control of their retirement. I am sorry that this effected (sic) just these 2 individuals. I thought it would effect (sic) more.”

But the sorriest, most pathetic, most despicable thing about this entire sordid mess is that members of that conference committee are perfectly willing to throw a female staff attorney under the bus to protect their own pitiful hides.

Laura Gail Sullivan is the legal counsel for the Senate Revenue and Fiscal Affairs Committee her name is at the top of the page of the conference committee report.

Given the fact that Sen. Neil Riser was on that conference committee and, as Chairman of the Senate Revenue and Fiscal Affairs Committee, it doesn’t take a genius to come up with a pretty good guess as to who instructed Sullivan to insert the amendment.

But the fact is that with the exception of Walsworth—if he is to be believed—not one of the committee members came to Sullivan’s defense. They choose instead to let a subordinate who was following orders take the heat.

Their action, or more accurately, inaction, is the very definition of hiding behind a skirt.

These are men who will run for cover and let a staff member take the heat for their actions. And the fact that not one of them has the backbone to come forward, makes them, in our opinion, the lowest form of humanity to dare call themselves public servants.

It is our fervent hope that in 2015 they will draw formidable opponents who will be more than happy to let voters know the gutless wonders these cowards turned out to be and who will rat them out for the rodents they are.

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Editor’s note:

The following is a guest column offered by Baton Rouge teacher Fred Aldrich who, along with thousands of others, listened Monday as Superintendent of State Police Mike Edmonson appeared on the Jim Engster Show to defend the amendment tacked onto an unrelated bill on the final day of the legislative session which will give Edmonson an additional $55,000 (not $30,000 as first reported—we’ll explain at the end of Aldrich’s guest column) upon his retirement—a nice bonus unique to Edmonson and one other state trooper.

 

I am a long-time listener to NPR station WRKF, and I listen to the Jim Engster show whenever possible. I don’t always agree with Jim or his guests, but I usually don’t find my disagreements worthy of a response. Today was an exception.

The comments of Jim’s guests are not the opinions of Jim or WRKF, but unfortunately those comments may be spin and/or misinformation which listeners will take as truth.

State Police Superintendent Mike Edmonson was on the show this morning. I have great respect for the state police, and I have considered Edmonson one of the good guys in the Jindal administration. This morning’s interview, however, was problematical for me in several ways.

Engster congratulated Edmonson for having the fortitude to come on the program at a time when the superintendent is facing a lot of heat statewide. His performance suggested that he has paid attention during the years he has also served as a prop for the governor. He sounded earnest, sounded passionate, and sounded determined to serve his troopers and the people of the state. So far, so good, but that’s not why he’s on the hot seat. No one questions his dedication.

As a teacher with 38 years of experience in Louisiana and one who participated in the Deferred Retirement Option Plan (DROP) about the same time as he did, my understanding and experience with the program are much different from what Edmonson expressed on the program. He wanted to dispel “inaccuracies” with “facts,” but in my estimation he mostly promulgated misinformation, to wit:

  • The retirement systems which offer DROP are not “different” retirement systems than they were at the time he or anyone else went into DROP. DROP was simply a program within these retirement systems which was offered to employees for a few years, theoretically to provide valued employees an opportunity to continue working while putting three years of retirement checks in an interest-earning escrow account that could not be accessed until the employee finally retires, as which time federal laws regarding taxes and withdrawals apply. Though officially retired, the employee continued to draw his regular pay while payments were made into his DROP account. These three years do not count as service credit toward figuring eventual retirement benefits.
  • Despite Col. Edmonson’s casual use of the word, no one was “forced” into DROP. It was a choice for anyone with 30 years of service, or 25 years of service for those 55 years old or older. Those who chose to not enter DROP simply continued to work, with the three years counted as regular service credit, and allowed the employee to draw the retirement benefits he/she accrued upon final retirement. Had Col. Edmonson, and myself, and others, chosen to not participate, his, and our, retirement benefit would have been what it took him a specious legislative effort to attain.
  • The form that each DROP participant had to sign made the options and possible outcomes very clear. It states, in no uncertain terms, that the employee understands that his basic retirement benefit is frozen at that time, that the decision is irrevocable, that service credit past the exit from DROP is calculated in a different manner, and that DROP may not be the best option, depending on future circumstances. It urges employees to consider their decision carefully and seek financial counsel before they choose to enter the program.
  • The articles I’ve read and the radio program in particular fail to mention the three years of retirement pay in Col. Edmonson’s DROP account plus the accrued interest and whether he plans to return that money to the system if he gets his new benefit. In my case, and I was in DROP at the same time as Edmonson, my account balance has nearly doubled in ten years. (And my eventual retirement benefit will be approximately 65% of what it would have been had I not chosen to go into DROP.)
  • Col. Edmonson misstated the application of the $30,000 yearly bump that has been mentioned. No one I know of has claimed that this is a bonus on top of his new yearly retirement benefit. It is the difference between the benefit that he is entitled to as the result of his voluntary participation in DROP and his new benefit, courtesy of a friendly conference committee.
  • Blaming the confusion at the end of the legislative session for the “misunderstanding” is ridiculous. It’s beyond obvious that he and his allies (which could range from the governor down to legislative staffers) gamed the system and took advantage of this dysfunctional process for his benefit, then blamed the process for a misunderstanding.
  • As for the integrity in which Col. Edmonson bathed himself and the commiseration he offered a caller who found herself in a similar retirement situation, he could have demonstrated his concern by including all DROP participants in his legislation. I, and several of my colleagues, (and apparently many others) have tried to lobby for the same remedy that Col. Edmonson and his allies sneaked through (Let’s call it what it is.) We have met the runaround
  • from every source we’ve approached, and we’ve accepted that most of us will have been long dead before anything actually could be done.

Unfortunately, we’re not in the governor’s loop and teachers with 35-50 years of experience who make less than half the salary of Col. Edmonson don’t have the same voice. His assertion that everyone should get the same consideration that he does begs the fact that all troopers, state workers, and teachers don’t have the same political connections and the same willingness to go through this foul-smelling process to enrich themselves.

This is my understanding based on my experiences with DROP and my following of Edmonson’s gift from the conference committee. If anything is factually incorrect, I will readily stand corrected. As a reaction to what happened, I remain convinced that the whole action smells. There are many hard-working, conscientious, productive people in state government, law enforcement and education, who don’t get special treatment through a disgusting legislative process.

            In addition to Mr. Aldrich’s comments, we have some comments and additional information of our own to add:

During his appearance on the Jim Engster Show, Edmonson who last week said he never asked for the legislation and did not know about it, acknowledged that an unidentified” staff member” brought the matter to his attention and he authorized the effort to go forward. He also told Engster that the issue of the special legislation actually arose several weeks before the end of the session.

That being the case, why was it necessary to wait until the last day of the session, when the pace becomes hectic and confusing, to insert the amendment into a benign bill completely unrelated to retirement (the bill, Senate Bill 294, dealt with disciplinary procedures for law enforcement officers under investigation)? That tactic alone smacks of covert intent designed to keep the measure from the prying eyes of the media and public.

Edmonson, during his interview, acknowledged that when he voluntarily (and the word voluntarily should be emphasized here) entered DROP, he was a captain earning $79,000 per year in salary. By entering DROP, his retirement was frozen and would be calculated on that salary. The trade-off was that he earned a higher salary.

But he probably did not foresee his advancement to Superintendent of State Police at a salary of $134,000.

Based on a formula multiplying his salary by the number of years of service by 3.33 percent), he would have retired at 100 percent of that $79,000 salary instead of 100 percent of his higher salary of $134,000 after 30 years.

Until the passage of the secretive-shrouded amendment to SB 294, that is. The amendment will mean an additional $55,000 per year to Edmonson during his retirement years—$134,000 (100 percent of his current salary).

Should Edmonson live for 30 years after retirement, that’s an extra $1.14 million in retirement benefits.

The amendment prompted one retired state trooper, Jerry Patrick, to express his embarrassment “that one of our troopers was so selfish that he would tarnish the badge that I and so many others worked and sacrificed to honor.”

Patrick said that it was “no stretch to believe that the governor’s office was directly involved in requesting this for a member of the governor’s cabinet.”

To that end, LouisianaVoice has made three separate public records requests. The first was to the Louisiana State Police communications director (which was handed off to the agency’s legal team) requesting the opportunity to review “all emails, text messages and/or other communications” between Edmonson, his staff, State Sen. Neil Riser, his staff, and the governor’s office pertaining to any discussion of DROP and/or retirement benefits for Edmonson and any discussion of retirement legislation that might affect Edmonson.

We made similar requests of both the House and Senate for any similar communications between members of the conference committee that approved the special amendment, Edmonson, the governor’s office and Laura Gail Sullivan, legal counsel for the Senate Revenue and Fiscal Affairs Committee. Riser is chairman of that committee and was on the conference committee that inserted the amendment for Edmonson.

Through the grapevine, we have learned that Sullivan has already invoked the sacred attorney-client privilege to prevent releasing any of her emails. But that objection is questionable at best inasmuch as Edmonson is not her client. Neither is the governor. Nor is, for that matter, Riser.

Of course, she will probably include Riser by extension by virtue of his chairmanship of the committee for which she works but Riser, should he have nothing to hide, could always waive the attorney-client privilege.

If he does not, and if Sullivan does resist releasing the contents of her emails, we can only assume the obvious: there is something contained in those messages that the principals would rather we not know.

And to quote my favorite poet and playwright Billy Wayne Shakespeare of Denham-on-Amite from my favorite play, Hamlet Bob: “Ay, there’s the rub.”

But we are confident they would never try to hide anything from the public. This administration, after all, is the gold standard of ethics, openness and transparency. Gov. Jindal himself has said so on countless occasions in his many out-of-state appearances.

Oh, but wait. We also learned on Tuesday that House Speaker Chuck Kleckley (R-Lake Charles) has refused a request by State Rep. John Bel Edwards (D-Amite) for a full investigation of the secretive amendment. Kleckley said that because it was a Senate bill to which the amendment was attached, it becomes a matter for the Senate to investigate. Apparently, Kleckley neglected to note that three members of the conference committee that approved the amendment were House members.

Kleckley’s dancing around the issue, folks, is what is known as the Bureaucratic Shuffle.

 

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“This was done in Conference Committee and was done on an obscure bill with obscure references to old acts in hopes that the conferees would never have to answer any questions about why this was done.”

“Many bills are brought before the (House and Senate) retirement committees that (would) allow a revocation of a DROP decision and…all have been voted down.”

—Irate but attentive legislative observer.

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Gov. Bobby Jindal, with the signing of House Bill 799, has continued his assault on the Southeast Louisiana Flood Protection Authority-East (SLFPA-E), underscoring the importance and power of special interest money over the welfare of the state.

HB 799, authored by Rep. Stuart J. Bishop (R-Lafayette), bars the Louisiana attorney general from hiring plaintiff attorneys on a contingency-fee basis to pursue litigation against corporations like Chinese dry wall manufacturers responsible for millions of dollars in damages to new homes in Louisiana, pharmaceutical companies accused of price fraud at the wholesale level and of selling pharmaceutical products not approved by the federal government, companies found to be improperly handling underground storage tanks, or tobacco companies whose seven top executives (to evermore be known as the “seven dwarves”) lied under oath to Congress in saying nicotine was not addictive.

Bishop cited fees of $51.4 million paid state-contracted attorneys in a case against the pharmaceutical industry that resulted in a $285 million verdict. That computes to a fee of about 18 percent as compared to the 30 percent norm usually charged by attorneys hired on contingency.

A $235.7 million settlement of another pharmaceutical case resulted in attorney fees of $46.6 million, or 19.7 percent. The Coalition for Common Sense, a group describing itself as committed to a fair legal climate said another portion of that settlement went to repay two-thirds of the state’s Medicaid expenses. The coalition said that bumped the legal fees up to 34.2 percent, but without further clarification, it seems difficult to equate Medicaid fees to legal fees. That would seem to come under the purview of Jindal’s continued mismanagement of the state’s Medicaid program.

In yet another case, attorneys, including Attorney General Buddy Caldwell’s campaign treasurer and other contributors, received $4 million in fees, or 9.4 percent, of a $42.5 million case.

Granted, it doesn’t look good for Caldwell’s campaign treasurer to receive a contract but the obvious question is how is that any different than Jindal’s former executive counsel Jimmy Faircloth getting contracts to represent the state in one losing case after another—at fees which now exceed $1 million?

Jindal’s penchant for protecting the oil companies, who have contributed more than $1 million to his various campaigns, is by now well-known. His largesse has even extended to BP which may have negated pending claims against the company for the 2010 Deepwater Horizon spill that killed 11 men and pumped 4.9 million barrels of oil into the Gulf.

The fact that the governor’s brother works for BP, of course, had nothing to do with Jindal’s decision to sign Senate Bill 469 by Sen. Bret Allain (R-Franklin) which killed the SLFPA-E lawsuit against 97 oil, gas and pipeline companies for damages inflicted to Louisiana’s coastline and marshlands. SB 469 also made the prohibition against such lawsuits retroactive to ensure that the SLPFA-E effort was nipped in the bud.

(Allain, by the way, was the one who slipped that $2 million appropriation into the 2013 Capital Outlay Bill to renovate the third floor of an old elementary school in Franklin for conversion to a museum to house the archives of former Gov. Mike Foster who will now become the only governor in Louisiana history to have his archives housed in something other than a university library.)

Jindal, in signing SB 469 into law, said the law would stop “unnecessary frivolous lawsuits.”

Allain, also invoking the “frivolous lawsuit” catch phrase, also said if allowed to stand, it would “hurt jobs.”

Sen. Robert Adley (R-Benton), who lobbied for the bill and who has been the beneficiary of more than $600,000 in oil and gas campaign contributions, said, “This bill keeps a rogue agency from misrepresenting this state and trying to raise money through illegal actions.”

Perhaps Sen. Adley should take a long inward look at misrepresenting the state and raising campaign money through legal but questionable means.

Louisiana Oil and Gas Association President Don Briggs called Jindal’s signing of the bill “a huge victory for the oil and gas industry.”

You think?

What all three men seem to have overlooked is that when companies that traditionally reap billions in quarterly profits each year walk away from their responsibilities to repair damage they inflict on the environment in their non-stop quest for even more profits, then sometimes those “greedy lawyers” need to step up and hold these companies accountable.

And of course there was SB 667 which neutered the so-called “legacy lawsuits” over environmental damage from oil and gas companies’ tendency to walk away from well sites on private property without bothering to restore the property to its original condition.

And let’s never forget that a priority of the American Legislative Exchange Council (ALEC) is to oppose environmental protections, be they EPA’s regulation of greenhouse gases or legacy lawsuits. At the top of ALEC’s membership list in leading the fight against environmental laws, and the rights to hold corporations legally accountable are such familiar corporations as Exxon/Mobil, BP, Chevron, Shell and, of course, Koch Industries.

At least two of those legacy lawsuits succeeded before SB 667 was signed into law by Jindal.

  • The first, a $76 million award, was litigated by Lake Charles attorney J. Michael Veron on behalf of family members whose property was heavily polluted—and subsequently abandoned—by Shell Oil. Veron authored a book entitled Shell Game about the litigation. In the book, he describes in detail how he was called into then-Gov. Foster’s office and lectured to like a misbehaving schoolboy. Despite the heavy pressure from Foster, Veron persisted and eventually won.

Foster, of course, is the one responsible for our present predicament: he discovered Jindal—“the smartest man I ever met,” he said—and appointed him head of the Department of Health and Hospitals at the tender age of 24.

  • The second case was that of Bill Doré, retired chairman of Global Industries of Sulphur. Doré made a fortune from the Southwest Louisiana oil patch but when he purchased Cameron Meadows in Cameron Parish with the intent of constructing a hunting lodge, he discovered the land had been polluted by oil companies to such an extent that alligator, fish and other wildlife populations had dwindled significantly and that wherever he stepped on the property, oil and brine would ooze to the surface. He sued Exxon/Mobil whose executives promptly summoned him to Houston for a come to Jesus meeting at which they informed him that if he continued on his quixotic quest, he would lose valuable Exxon/Mobil business. He more or less told the Exxon/Mobil suits what they could do with their business, which amounted to some $37 million over the years. He reminded them that because Exxon, the richest company on earth, insisted on such rigid contract firms by forcing vendors to accept smaller margins as the cost of doing volume business with them, Global had actually lost $7 million on its Exxon/Mobil business. Represented by New Orleans attorney Gladstone Jones, the same attorney representing SLPFA-E, Doré won a $57 million judgment against the giant oil company.

In an interesting side bar to the story, a small Cameron café catered the meals for both sides and the jurors during the protracted Doré trial. Attorneys for both sides agreed to split the cost of having meals for both sides. Following the two-week trial and after each side had paid its share of the costs, Doré’s legal team gave the café’s staff a $1,000 tip. The tip from attorneys for Exxon/Mobil was $20—almost as if the café’s staff was responsible for the adverse verdict.

So now, it comes full circle.

The SLPFA-E board, stacked with Jindal appointees after he replaced rebel John Barry, the leading proponent of the litigation, voted 4-4 last week on a motion to withdraw the suit. While a majority was required for passage, it appears to be academic. Jindal’s signing of SB 469 would seem to ring the death knell for any future legal action.

So now, the state is virtually powerless to seek remediation for damages done to our coastline such as that depicted in this video:

https://www.youtube.com/watch?v=HaW1DomWRk4

Greedy lawyers? Frivolous lawsuits?

So, where does all that special interest money we alluded to in the first paragraph come in?

Well, LouisianaVoice has already provided an itemized list of oil and gas industry contributions to each of the state’s 144 legislators that totals more than $5.2 million and we earlier cited contributions to Jindal in excess of $1 million from the same industry.

But how did the contributions break out on the House and Senate votes on the infamous SB 469?

We’re glad you asked. We’ve done the math for you.

In the senate, the 25 senators who voted in favor of the bill killing the SLPFA-E litigation received $1.99 million from oil and gas interests, or an average of $79,664 each.

The 11 who voted against killing the lawsuit combined to receive $591,000, or $53,769 each—a difference of nearly $26,000 each.

Now let’s stroll across the Capitol Rotunda to the House side where vote-buying is a little less expensive, more economical if you will.

The 59 members who voted in favor of SB 469 combined to rake in $1.885 million, or just a tad under $32,000 each while the 39 nay votes took in $889,281 between them, or an average take of $23,402, a difference of about $9,600 each.

Moreover, during debate on SB 469, the State Capitol was swarming with lobbyists from BP, which stood to benefit mightily from passage of the bill.

So, you see, it’s really pretty evident that money—lots of it—tends to flow freely in the Capitol and its influence is completely out of kilter with the intent of a democratic republic. We no longer have a representative government for the people but a representative government for those who can wave the most money under the noses of our elected officials.

As one legislator who, for obvious reasons, shall remain anonymous as to his name, the area of the state he represents and even the chamber in which he sits, said in a recent email to a constituent:

“When a fella has the oil and gas lobbyists, the LABI lobbyists, and the governor’s office all on the same team and wanting you to be on the same team, well, it was a challenging last few days of the session.  I thought then, and I still hold the belief, that this is a bad bill (now a law since Gov. Jindal has now signed it) and sets a horrible precedent.  Again, this administration has assured another legal challenge to a law it supported and I expect a lawsuit to be filed before long.

“I appreciate your taking time to send me your email.  When I was down there surrounded by many who were interested in me only for the vote of the moment, expressions such as yours remind me of my commitment to the good people of the district I serve and confirms that, in the face of all those present in the Capitol during the session, I was sent there to represent those who can’t be there.”

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Oxymoron: A combination of contradictory or incongruous words that is made up of contradictory of incongruous elements (Merriam-Webster).

Greek in origin, the term comes from the words oxy (sharp) and moros (dull).

There are several terms that come to mine which would qualify as oxymoronic:

Jumbo shrimp, conspicuous absence, crash landing, deafening silence, found missing, only choice, peaceful conquest, pretty ugly, silent scream, unbiased opinion…well, you get the idea (and there’s no way I’m dropping happily married into the mix).

As in, “A certain jumbo shrimp governor, after a conspicuous absence, was found missing in (insert state) where he presented and unbiased opinion of himself as the only choice for a peaceful conquest of the White House in a pretty ugly speech that was met with deafening silence and a few silent screams…”

Okay, that was just too easy. But, back to the subject of oxymora.

As of Saturday (mark the date: June 21, 2014), you can add to that list anarchist Bobby Jindal.

Bobby Jindal, an anarchist?

If you hear or read what he said in Washington in a speech to the annual conference of the Faith and Freedom Coalition, yes.

http://www.nbcnews.com/news/us-news/jindal-says-rebellion-brewing-against-washington-n137881

In his address to more than a thousand evangelical leaders attending the three-day conference led by Christian activist Ralph Reed, Jindal accused President Barrack Obama in particular and the Democratic Party in general of waging a war against religious liberty and education and said a rebellion is in the making and America is ready for a “hostile takeover” of the nation’s capital.

You read that correctly. Jindal, growing bolder in his ever more frequent appearances everywhere but in Louisiana, called for a revolution in the streets, an action some might call treasonous were those words uttered by the likes of David Koresh, Randy Weaver or the late fire-breathing right wing evangelist Gerald L.K. Smith.

https://www.youtube.com/watch?v=dXG-sQ7Ao1o

http://www.thecrossandflag.com/articles.html

“I can sense right now a rebellion brewing amongst these United States where people are ready for a hostile takeover of Washington, D.C., to preserve the American Dream for our children and grandchildren.”

Shades of the late Tulsa, Oklahoma, evangelist Billy James Hargis of the Christian Crusade radio broadcasts of the ‘60s.

https://www.youtube.com/watch?v=4ssybQg1ZAY

http://thislandpress.com/11/02/2012/the-strange-love-of-dr-billy-james-hargis/

Or of everyone’s favorite contemporary elitist hate monger, Rush Limbaugh.

Jindal said there was a “silent war” (again with the oxymoron) on religious liberty being fought in the U.S.

“I am tired of the left. They say they’re for tolerance, they say they respect diversity. The reality is this: they respect everybody unless you happen to disagree with them. The left is trying to silence us and I’m tired of it. I won’t take it anymore.”

Let’s break that down, shall we?

“They say they’re for tolerance.” This from perhaps the most intolerant, most narrow-minded Louisiana governor since Huey Long.

“They say they respect diversity.” This from a governor who stacks state boards, commissions and cabinet positions with older, rich, Republican white men—with the occasional African-American or female for appearances sake.

“They respect everybody unless you happen to disagree with them.”

Wow. We could write for days on this one but instead, we will simply refer you to the growing list of those who “happen(ed) to disagree” with Jindal:

  • Tommy and Melody Teague;
  • William Anker;
  • Cynthia Bridges;
  • Mary Manuel;
  • Raymond Lamonica;
  • John Lombardi;
  • Dr. Fred Cerise;
  • Dr. Roxanne Townsend;
  • Scott Kipper;
  • Murphy Painter;
  • Tammy McDaniel;
  • Jim Champagne;
  • Ann Williamson;
  • Entire State Ethics Board;
  • State Rep. Jim Morris;
  • State Rep. Harold Richie;
  • State Rep. Joe Harrison;
  • State Rep. Cameron Henry

And that’s just a partial list.

“I won’t take it anymore.”

So now Jindal is the reincarnation of the Peter Finch character Howard Beale from the 1975 classic movie Network.

To that bravado, we can only add the words of the late Gov. Earl Long, responding to Plaquemines Parish boss Leander Perez’s dogged fight against desegregation: “Whatcha gonna do now? The feds have the A-bomb.”

The conference also featured most of the other potential candidates for the Republican presidential nomination for 2016 who had to endure yet another tirade by Louisiana’s symbol of tolerance, understanding and benevolence.

Jindal also asked the (supposedly rhetorical) question: “Are we witnessing right now the most radically, extremely liberal, ideological president of our entire lifetime right here in the United States of America, or are we witnessing the most incompetent president of the United States of America in the history of our lifetimes? You know, it is a difficult question,” he said. “I’ve thought long and hard about it. Here’s the only answer I’ve come up with, and I’m going to quote Secretary Clinton: ‘What difference does it make?'”

To that we can only add (once again):

Never have the words to the song One Tin Soldier been more appropriate than for Jindal and his minions:

Go ahead and hate your neighbor,

Go ahead and cheat a friend;

Do it in the name of heaven,

You can justify it in the end.

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