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Archive for the ‘Public Records’ Category

BATON ROUGE (CNS)—In anticipation of Hurricane Isaac a year ago, the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) purchased 33.9 million pounds of ice at a cost of more than $7.1 million, nearly half of which was allowed to melt in an unrefrigerated warehouse in Lacombe, according to a report just released by the Louisiana Inspector General’s (IG) office.

Lacombe is in St. Tammany Parish.

GOHSEP Director Kevin Davis was St. Tammany Parish President until his appointment by Jindal to head GOHSEP in December of 2011.

In addition to the cost of the ice, the state also paid Pelican Ice, Inc. of Kenner nearly $1.1 million for mileage and $9.2 million in “loitering” fees for Pelican drivers at $75 per hour, bring the total cost of the ice supply project to $17.4 million.

The reported noted that the Louisiana National Guard (LANG) claimed that 1.5 million bags of ice were distributed to the public.

Pelican, however, invoiced GOHSEP for the delivery of only 142 truckloads, or 624,800 bags. Pelican was the sole supplier of ice for the hurricane relief effort.

Based on all associated costs, GOHSEP paid $28 per bag of ice distributed.

The Federal Emergency Management Agency (FEMA) reimbursed the state for 75 percent of the costs of the ice with GOHSEP paying the remaining 25 percent.

Certainly, had there been a widespread power outage caused by Isaac and had the administration not been prepared with sufficient supplies of ice, there would have been harsh criticism from those unable to obtain ice.

But at the same time, it would seem reasonable to assume that GOHSEP would have taken the necessary precautions to secure refrigerated storage facilities for the ice that was not distributed to storm victims.

Isaac made landfall near the mouth of the Mississippi River on Aug. 28, 2012, and GOHSEP place three separate orders with Pelican for ice—on Aug. 29, Aug. 30 and Sept. 2. Each order was for 15,050,000 pounds of ice in 10-pound bags, or 45.15 million pounds total. The amount actually delivered was 33.9 million pounds for which Pelican invoiced the state $17.4 million.

The invoice amount included 268,856 miles at $4 per mile ($1,075,901), $9,207,692 “loitering time,” the time which Pelican’s drivers were required to wait to load or unload their trucks beyond a four-hour delay. The ice itself cost $7,124,000, according to Inspector General Stephen Street, Jr.

Additionally, GOHSEP agreed to pay Pelican a $315,000 “restocking charge” to take back some of the ice but the ice was taken to an unrefrigerated warehouse in Lacombe where it was allowed to melt. The warehouse rental was negotiated by Baron Property Management of Destrehan. The registered agent for Baron Property Management, Paul J. Murray, contributed $1,000 to Jindal in November of 2008.

The cost of the ill-fated Lacombe warehouse project came to more than $7.5 million, the report said. That included $3.2 million for the ice, $416,114 in mileage costs, $315,000 for the “restocking fee,” and $3.6 million in loitering costs.

Another sticking point noted in the IG report was that even though GOHSEP paid Pelican $4 per mile and the $75 per hour loitering fee, it also paid $238,819 to refuel the loitering ice trucks. This meant that taxpayer dollars paid mileage and purchased fuel for the trucks, in effect, a dual payment.

Among the IG’s findings and recommendations:

  • During hurricane Isaac, neither GOHSEP nor LANG had an inventory tracking system sufficient to accurately record the daily consumption of ice. Such a system should be implemented to ensure that the essential amounts of commodities are on hand or on order.
  • We found that LANG could not provide supporting documentation to show the amounts of ice consumed and requested during the hurricane. An inventory tracking system should include a feature that reliably memorializes the amount of commodities requested by each parish and the quantities ordered and delivered to fulfill those requests.
  • GOHSEP expended $7,536,314 to acquire, transport and restock ice that was allowed to melt in an unrefrigerated warehouse. To prevent such unnecessary expenditures of public funds in the future, GOHSEP should include a provision in its ice contracts for excess ice to be returned to the distributor along with a refund of the value of the returned product.
  • GOHSEP paid $238,819 to purchase fuel for refrigerated trucks that it was already paying $1800 per day to loiter. Future delivery contracts should be written to ensure that trucks receiving loitering and mileage payments be required to provide their own fuel. In the event that the trucks cannot leave their assigned location, arrangements should be made for fuel to be delivered to the trucks at their own expense.

Davis, in his response to Street’s report, said that all four of the report’s recommendations have since been implemented by GOHSEP.

In September of 2008, Jindal lost no time in making Department of Social Services Secretary Ann Williamson the scapegoat for the confusion that surrounded shelter conditions and the emergency food stamp program following Hurricane Gustav.

Though Williamson officially “resigned,” it is no secret that she was forced out, or “teagued” by Jindal—a tactic that seems to be his preferred method of jettisoning people he doesn’t want in his administration. Williamson had the misfortune of having served under former Gov. Kathleen Blanco, apparently an unpardonable sin in the Jindal administration.

In commenting on Williamson’s departure, Jindal, as is his custom, declined to say whether he leaned on her to resign, choosing to fall back on what would become a familiar line with subsequent departures: “We agreed it was time to go in a different direction.”

No word has been forthcoming from the governor’s office if any disciplinary action might be considered for Davis’s waste of $7.5 million in lost ice and transportation costs or if an agreement to “go in a different direction” might be in the works.

Of course Williamson was not the one who contributed $3,000 to Jindal’s campaigns.

That was Davis.

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BATON ROUGE (CNS)—Before we leave the Non-Governmental Organization (NGO) funding controversy (for now; we can always return to it when events warrant), we thought we’d review a few of the more interesting NGO funding requests that came before the Louisiana Legislature this year.

We interrupt this story for a tip of the hat to our friend C.B. Forgotston who provided us with some background information on one of the 36 organizations that State Treasurer John Kennedy said earlier this week were a tad negligent in providing an accounting of how their NGO funding from the state was spent.

Forgotston pointed out that one of those, The Colomb Foundation in Lafayette, is being asked to account for $300,000 of $361,000 in funding it received.

All non-profits are required by law to file Non-Profits 990 Reports with the IRS each year. These reports are public record but search of Non-Profits 990 Reports by Forgotston produced no results under the name The Colomb Foundation, Inc.

Oops.

The foundation’s registered agent is Sterling Colomb, according to the Louisiana Secretary of State’s office.

Sterling Colomb is married to Yvonne Dorsey-Colomb.

Yvonne Dorsey-Colomb is a state senator from Baton Rouge.

Oops again.

Connect the dots and follow the money, folks.

Thanks, C.B.

We return you now to our regular story.

Altogether, about 100 applications were received from the same NGOs which submit their paperwork each year in hopes of receiving funding from the state.

In the past, it’s been pretty much a routine procedure to ask for—and receive—funds from the state. It is, after all, a scheme strikingly similar to vote buying, only more respectable, we suppose. Who could vote against a legislator who brought home funding for the local Council on Aging or for a community activity center or a kids’ baseball park?

That was then when the state had money. There was little to no oversight provided on the disposition of these funds. Give ‘em the money and remind them who to vote for next election.

But this is now when funding is hard to come by and when the governor is pulling money from higher education, health care and developmentally disabled programs and using one-time money to plug budget holes.

Still the applications came in from those councils on aging, local civic clubs, arts museums, the YMCAs and substance abuse centers.

Even the Treme Community Education Program, Inc. which was on that list of 36 organizations that State Treasurer John Kennedy is asking to provide an accounting for the use of past funding—or pay the state back—submitted a request.

In the case of Treme Community Education Program, it is being asked to account for the expenditure of $425,000 but that didn’t prevent the organization from submitting a request this year for $475,000 “to provide transportation for senior citizens to all offsite field trips; wholesome nutritious means, and organized physical, academic and social activities specifically for their age group.”

Small potatoes. Check out some of the other requests, some of which were approved in House Bill 1, the state’s general appropriations bill signed into law by Gov. Bobby Jindal as Act 13. First, those that received funding:

  • $1 million for the 2013 NCAA Women’s Final Four Basketball Tournament Host Committee;
  • $544,020 for the Greater New Orleans Sports Foundation;
  • $280,577 for the New Orleans Bowl;
  • $151,140 for Healing Hearts for Community Development in Metairie;
  • $400,000 for the Avondale Booster Club.

Here are some of the other requests:

  • New Orleans Jazz & Heritage Festival and Foundation (Jazz Fest): $2,470,586;
  • State Fair of Louisiana (Shreveport): $12,664,960;
  • 2014 NBA All-Star Host Committee; $3,250,000;
  • Teach for America: $5 million (at least $1 million of that request was approved by the Board of Elementary and Secondary Education). TFA, in addition to the money received from the state outright, also receives $3,000 per teacher placed from local school districts that hire TFA teachers. The local school districts must also pay the salaries of the TFA teachers.
  • Biomedical Research Foundation of Northwest Louisiana: $6.53 million (approved for $4.8 million in Priority 2, or second year funding).

This is the same Biomedical Research Foundation of Northwest Louisiana that was recently awarded a blank contract by the LSU Board of Stuporvisors to assume administrative and operational control of the LSU Medical Center in Shreveport and E.A. Conway Medical Center in Monroe.

This is the same Biomedical Research Foundation whose President and CEO, Dr. John F. George, Jr., is a member of the LSU Board of Stuporvisors—the same public agency that somehow skirted all existing conflict of interest laws to award that blank contract to an organization run by one of its board members.

That’s the same John F. George, Jr., M.D., who made two campaign contributions of $5,000 each to Jindal.

That’s the same Biomedical Research Foundation whose board members, including John F. George, Jr., M.D., combined to contribute $31,000 to various Jindal campaigns. Besides George, those board members and the amounts contributed include:

  • Roy L. Griggs of Griggs Enterprise: $5,000;
  • Thomas Pressly, III, M.D.: $3,500;
  • John F. Sharp, past President/CEO: $2,500;
  • Craig Spohn of the Cyber Innovation Center: $10,000.

Oh, and this is the same Biomedical Research Center of Northwest Louisiana that currently has five active contracts with the state, excluding that blank contract with LSU, totaling $26.2 million. These include:

  • $14 million “for capital improvements for the wet-lab business incubators.”
  • $995,966 “to facilitate economic development by developing infrastructure need to provide technology transfer assistance to the university systems of Louisiana and to help commercialize technologies through the operations of a wet lab facility.”
  • $8.75 million for research equipment.
  • $1.9 million for “scanner acquisition for the positron emission tomography imaging center.”
  • $563,700 the “provide PET and PET/CT scans for patients who are financially and medically indigent.”

Going back a few years, the Biomedical Research Foundation of Northwest Louisiana, which will henceforth operate the LSU Medical Center in Shreveport and the E.A. Conway Medical Center in Monroe with a blank contract, also had eight contracts (now expired) totaling another $14.1 million.

So it only makes sense that the foundation would be seeking an additional $6.53 million in NGO funding for “acquisitions.”

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Deadline Set for Turnover to Office of Debt Recovery

of more than $4 million Owed to Taxpayers

State Treasurer John Kennedy announced Monday that 36 Non-Governmental Organizations (NGOs) have until August 31, 2013 to fulfill their obligations under the law or be turned over to the Office of Debt Recovery for the collection of approximately $4.452 million owed to taxpayers.

“The Legislature and the Governor made it very clear with the passage of House Bill 629 and the establishment of the Office of Debt Recovery that the days of owing the state money and hiding are over,” Kennedy said. “We now have an agency in state government with teeth whose sole mission is to ensure every penny owed to the taxpayers is recovered.”

Treasurer Kennedy announced that the Department of the Treasury will issue final demand letters this week to 36 entities that have failed to comply with the provisions of Executive Order BJ 2008-30, established by Governor Kathleen Blanco and continued by Governor Bobby Jindal, which requires transparency and accountability from NGOs that have received direct taxpayer support in past appropriation bills.

“Over the last several years, our Audit & Compliance Division has repeatedly sent certified letters, sent e-mails and even made personal call attempts to these particular entities demanding the required ‘progress reports’ and the supporting documentation required under the law with little or no response,” Kennedy said.  “While most NGOs have worked in good faith with our office and have been in compliance, these 36 organizations have become the most flagrant violators of these important requirements.”

Under the regulations, NGOs receiving taxpayer money directly via HB 1 must provide progress reports and corresponding documentation to the Treasury in order to maintain their appropriations. Examples of the required paperwork include a comprehensive budget, detailed description of the public purpose, and detailed cost information outlining the use of the appropriated funds.  Entities failing to comply with the provisions are required to return the full appropriation to the State Treasury.

Should these 36 entities ultimately decide to continue their non-compliance, they will be among the first items on the agenda for the new Office of Debt Recovery.  Treasurer Kennedy has long advocated the establishment of such an office and made it a top priority during Governor Jindal’s Streamlining Commission in 2009.  Now that HB 629 has made that a reality, state agencies will be required to refer unpaid receivables to a centralized unit for collection.

“I’m hoping all agencies across state government will aggressively utilize this new mechanism to maximize revenues,” Kennedy said. “Every dollar that is brought in by this new process is one less dollar we have to raise in taxes or cut in important priorities, such as funding education or aiding the disabled.”

List of 36 Non-Governmental Organizations (NGOs)

Out of Compliance with Executive Order BJ 2008-30

12th   Ward Save Our Community Organization, Inc. $520,000
Algiers   Enterprise Community Council, Inc. $25,000
BASIC   of Louisiana $85,000
Booker   T. Community Outreach Program $25,000
Boys   & Girls Club of Natchitoches $75,000
Children   of the Village Foundation, Inc. $10,000
Community   Awareness Revitalization & Enhancement Corp. $130,000
Community   Services of Richland, Inc. $30,000
Daughters   of Promise $25,000
Desire   Community Housing Corp. $100,000
Emmit   Spurlock Memorial Foundation $10,000
Fourth   District Missionary Baptist Association of Louisiana, Inc. $75,000
Gordon   Plaza Elderly & Handicapped Apartments, Inc. $30,000
Just   Willing Foundation $75,000
Kids   Coupes, Inc. $140,000
Lady   Flame, Inc. $2,000
Life   Economic Development Corporation $100,000
Lower   Ninth Ward Neighborhood Council, Inc. $15,000
Martin   L. King Jr. Neighborhood Association in Shreveport $100,000
McKinley   High School Alumni Association $125,000
Muttshack   Animal Rescue Foundation, Inc. $15,000
National   Empowerment Coalition, Inc. $150,000
Neighbors   for a Better Baker $10,000
Novice   House, Inc. $50,000
Purple   Circle Social Club $50,000
Rapides   Primary Health Care Center, Inc. $550,000
Serenity   67 $150,000
Southside   Economic Development District, Inc. $50,000
Succor,   Inc. $550,000
Tab-N-Action   (Boy Scouts of Ouachita Parish) $30,000
The   Colomb Foundation, Inc. $300,000
The   Olive Branch Ministries $20,000
Treme   Community Education Program, Inc. $325,000
Twelfth   Ward Save Our Community $100,000
Wilbert   Tross, Sr. Community Development & Counseling Center $350,000
Young   Emerging Leaders of LA $55,000

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Gov. Bobby Jindal has inserted income from the privatization of public agencies that weren’t yet privatized in order to make the numbers in his Executive Budget more palatable to legislators.

He has included revenue from the sale of state buildings that were not yet sold—indeed, some of which came back with appraisals far below his projected sale price—in order to make that budget more realistic.

To be sure, he caught considerable flak from those fiscal hawks in the legislature for his repeated use of one-time money for recurring expenses—something by the way, he was openly critical of and which he vowed never to do during his 2007 gubernatorial campaign.

Now LouisianaVoice has learned that Jindal has apparently attempted to execute an end run around state contract attorneys and the attorney general’s office in an attempt to negotiate a settlement of an outstanding judgment in favor of the state against a major pharmaceutical company.

It should be noted here that any negotiations between parties in any litigation without involving attorneys would be considered a breach in legal ethics.

The object of Jindal’s efforts is to generate a quick up front settlement of $50 million in order that he might plug holes in the upcoming annual ritual of mid-year adjustments to the state budget, one observer said.

Fifty million? Pretty good windfall for the state, wouldn’t you say?

Not necessarily—not when you consider that the amount of the original judgment was $257 million.

That’s correct. Two hundred fifty million dollars. Plus $3 million in costs, plus another $70 million in attorney fees.

Attorney fees? Didn’t we say the attorney general’s office was involved in the litigation?

Well, yes, then-Attorney General Charles Foti initiated the lawsuit way back in 2004 in 27th Judicial District Court in St. Landry Parish but heavy hitters were needed in this matter so several outside firms were contracted to steer the litigation through the courts. Those included the firms of Kenneth DeJean of Lafayette, Robert Salim of Natchitoches and Bailey, Perrin & Bailey and Fibich, Hampton, both of Houston.

On the other side of the ball were lawyers from the firms of Irwin, Fritchie, Urquhart & Moore of New Orleans, Guglielmo, Lopez & Tuttle of Opelousas, Drinker, Biddle & Reath of Florham Park, N.J., and O’Melveny & Myers of Washington, D.C.

After six years of legal back and forth sparring, discovery, depositions and various other means of keeping attorneys’ meters running the matter finally went to trial Sept 28-30 and Oct. 12 and 14, 2010. When the dust had settled, the jury made a determination that the “aggressive marketing campaigns” of Janssen Pharmaceutical, a Johnson & Johnson company, had violated the Louisiana Medical Assistance Programs Integrity Law (MAPIL) no fewer than a whopping 35,542 times with each violation subject to a civil penalty of $7,250, bringing the total damages to $257,679,500.

(Don’t ask us what “aggressive marketing campaigns” were employed by Janssen or how they violated the state’s MAPIL; we’re not privy to that information. All we know is what we read in the Third Circuit Court of Appeal’s affirmation.)

Janssen, of course, appealed the award as anyone might expect, but the Third Circuit upheld the lower court judgment and Janssen has applied for writs to the Louisiana Supreme Court where the matter is now pending.

Nine years of judicial interest (6 percent per year in simple interest) brings the current total judgment to just a shade under $400 million.

So now we have Jindal who, in typical fashion, is attempting to patch anticipated budget holes with $50 million in one-time money—all the while throwing the state under the bus to the tune of nearly $350 million.

Several legal experts knowledgeable about the case say the State Supreme Court could conceivably reduce the attorney fees but that there is little chance that the $257 million award ($400 million with interest, remember) will be overturned—a fact that would make Jindal’s tactics even more underhanded.

And were it not for Attorney General James “Buddy” Caldwell, Jindal’s efforts may have succeeded, according to sources who told LouisianaVoice that Caldwell stepped in and shut down the negotiations.

Neither Caldwell nor this top assistant, Trey Phillips, returned telephone calls seeking comments on the matter.

Attempts were likewise made to contact several of the plaintiff attorneys who argued the case on the state’s behalf but all such attempts failed.

Any such settlement would necessarily negatively impact attorneys’ fees. Accordingly, it would be reasonable to expect a maelstrom of protests from the attorneys under contract to the state if they were aware of Jindal’s efforts.

LouisianaVoice also emailed Gov. Jindal’s office for a comment but received no response.

One person who did comment was Public Service Commissioner Foster Campbell of Elm Grove in Bossier Parish.

“I was not aware of this,” he said, “but I certainly am not surprised. This is typical of this governor. He has complete and total contempt for the people of this state. It’s all about what he can do for little Bobby. He’s trying to settle this for about 13 cents on the dollar just so he can patch his budget deficit, the state be damned.”

Neither Johnson & Johnson nor Janssen has made any campaign contributions to Jindal since 2003 but six pharmaceutical companies contributed $34,500 to his campaigns in 2007 and 2008. One of those, Pfizer, Inc., of New York City, gave $15,000 in three separate contributions of $5,000 each while Pharmaceutical Research and Manufacturers of America in Washington, D.C., made two contributions of $5,000 each in 2007 and 2008.

State campaign finance records also show that pharmaceutical companies contributed more than $400,000 to candidates for state offices, mostly legislators, since 2003. Those contributions were for both Republican and Democratic candidates. Again, it was Pfizer ($170,000) and Pharmaceutical Research and Manufacturers ($150,000) that reported the bulk of those contributions.

Other contributors included Takeda Pharmaceuticals of Deerfield, IL, and Novartis Pharmaceuticals of East Hanover, N.J.

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The Faircloth Law Firm doesn’t even show as a blip on the Louisiana Office of Contractual Review’s (OCR) Top 50 list of legal contractors with the State of Louisiana for the Fiscal Year July 1, 2010 through June 30, 2011.

Altogether, the top 50 contracts represent a combined total of $81.4 million, according to OCR’s list.

The list ranks state contracts from the largest—the Department of Justice (Louisiana Attorney General) at $18 million to number 50—the $276,000 contract of the New Orleans law firm of Vezina & Gattuso, but does not include Faircloth.

That’s because the Faircloth Law Firm received its payments in fiscal years 2012 and 2013 and did not show up on the FY-2011 list.

Most attorney contracts, with the exception of the Attorney General and public defender contracts, are awarded over a three-year period.

It should be noted that simply because a firm is awarded a contract of, say, $1.5 million, it does not necessarily reflect the actual amount paid the firm. Often, cases conclude long before the contracts are exhausted and in other cases, they extend beyond the financial terms of the dates of the contracts and must be amended or renewed.

The Associated Press reported Wednesday that Faircloth has received more than $1.1 million in contract work from various state agencies, which would put the firm about midway on the list of top 50 firms. Records provided by the Office of Risk Management (ORM) through the Division of Administration (DOA) show that the Faircloth firm was actually paid $931,000 in 2012 and 2013.

Most contracts awarded through ORM are done so at set hourly rates which are generally uniform from firm to firm, though there are exceptions where a firm will receive a contract with a higher per hour representation fee. And while LouisianaVoice was not provided with Faircloth’s hourly fee, it is assumed that it is higher than customary simply because he represented the governor’s office in several court cases, many of which he lost in the lower courts and in the appeals process.

More recently, the attorney general’s office has contracted Faircloth’s firm to represent the state in litigation against BP for the 2010 Gulf of Mexico oil spill and is also represented the state in litigation by CNSI which was fired from its $200 million Medicaid contract with the Department of Health and Hospitals.

Those two cases alone are expected to reap an additional $675,000 in addition to the $1.1 million already paid but Faircloth downplays that amount as insignificant in the overall scheme of things.

“I know what we do is a pittance compared to how much gets contracted,” he said.

Oh, really?

Let’s compare.

With the $675,000 from CNSI and BP cases added to the $1.1 million already received, that’s almost $1.8 million total.

Of the 50 biggest legal contracts listed by OCR, only 10 were for more than $1.8 million and half of those were for either the attorney general’s office or four contracts of $5.1 million for the legal services for the defense of persons pursuing post-conviction relief of a capital conviction; $4 million for legal services for the Louisiana Public Defender Board and contracts for $2.1 million and $2 million for legal representation for capital cases where an ethical conflict in the representation of indigents is needed.

Faircloth denies that he is getting the lucrative contracts because of his ties to the governor as first his executive counsel and most recently as a member of the University of Louisiana Board of Supervisors.

Sean Lansing, a spokesman for Jindal first said the governor’s office doesn’t direct agencies to hire specific attorneys but later revised his statement when told that agency directors indicated that Jindal’s office had suggested hiring Faircloth in the past. “We have recommended Jimmy in certain circumstances because he is a great lawyer but at the end of the day, it is up to agency heads to decide on whom to hire.

“I don’t deny that I have the benefit of knowing all those folks,” Faircloth said of his connections to the governor’s office. “I would like to think that in my working with (state agencies), they would say, ‘Jimmy’s a very good lawyer. Let’s hire him.’

“I like to think I get the call because we give pretty good service,” he said.

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