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Archive for the ‘Public Records’ Category

The deteriorating relationship between Gov. Piyush Jindal and the legislature, already strained over the debate about Jindal’s attempt to use one-time revenues to help close a gaping budget hole during the last legislative session, may be about to become even more estranged.

LouisianaVoice has learned from two independent sources that Jindal will likely nominate Deputy Chief of Staff Kristy Nichols to the post of interim Legislative Fiscal Officer to replace the recently-retired Gordon Monk.

One other source, however, said the interim appointee might well be John Carpenter, recently resigned as Chief Administrative Officer to Baton Rouge Mayor Kip Holden. That source said the interim Legislative Fiscal Officer would be appointed only on condition that he/she not apply for the permanent position.

Carpenter worked for more than two decades for the House Fiscal Division and at one time was staff director of the Joint Legislative Committee on the Budget (JLCB), which will make the appointment of Monk’s replacement. Carpenter left the House fiscal post to work for Angéle Davis when she became Commissioner of Administration shortly after Jindal’s inauguration but subsequently left there to work for the Baton Rouge mayor whom he knew from when Holden served in the legislature.

The JLCB meets for two days this week, Tuesday and Wednesday, and sources say the committee will name an interim Legislative Fiscal Officer on Wednesday.

Jindal’s rumored effort to place Nichols in the position, whether on an interim or permanent basis, could be rife with controversy and stir even more resentment among legislators who have seen any semblance of independence from the governor’s office steadily erode during Jindal’s tenure. Unlike any other state, Jindal was able to name both the Speaker of the House and the Senate President and a compliant Legislature has acquiesced in every instance.

Monk, after 33 years in state government, finally became fed up earlier this month and announced his retirement citing increased workload, pressure, stress and infighting among legislators. He said the session, which began on March 12 with 18-hour days and ended on June 4 with budget battles, convinced him to walk away.

He announced on Aug. 3 that his last day would be Aug. 8 and the JLCB was originally scheduled to name his interim replacement on Aug. 6 but that announcement has already been delayed twice, creating speculation that this week’s committee meeting could generate rebellion among committee members.

Though the position of Legislative Fiscal Officer is one of the more low-profile positions in state government, the Legislative Fiscal Office (LFO) is one of the more important agencies in state government.

Employees are required to be present during the session, often working to midnight, to address questions about bills from legislators. The pace was stepped up this year when Jindal pushed through the majority of his education package before Easter.

The LFO, a counterpart to the State Budget Office, is responsible for analyzing the governor’s revenue and spending proposals for the Legislature and is charged with generating fiscal notes on every bill filed in order to provide legislators with its analysis of the potential financial impact of proposed laws. In theory, the LFO is independent but in reality, it answers to the House Speaker and Senate President–both elected at Jindal’s direction.

Fiscal notes that reflect potential financial impact considered too high have been known to kill bills in the past.

It is those fiscal notes that have generated considerable consternation in the governor’s office as more than once the LFO’s projected financial impact has clashed with Jindal’s optimistic projections and word around the Capitol is that the governor wants to control the LFO so that he can also control the all-important fiscal notes.

Senate President John Alario has already confirmed that the interim appointee will not be one of the existing employees—including Staff Director Evan Brasseaux and Chief Economist Greg Albrecht. Albrecht recently crossed Jindal by contradicting the governor’s rosy economic outlook by depicting the state as still struggling to recover from the recession. That flash of independence probably doomed his chances—even if Jindal had not already decided on Nichols.

Nichols previously served as Interim Director of Social Services, as Secretary of the Department of children and Family Services and as a policy advisor on health and social services initiatives to Jindal where she worked on the passage of Jindal’s health care legislative package. Prior to Jindal’s taking office, she served as a policy advisor for his transition team.

She was named to her present position in June of 2010.

She has a bachelor’s of administration in business from the University of Tennessee and a master’s in communication from the University of Louisiana Lafayette.

With her degree in communications, Nichols could likely be counted on to generate fiscal notes that are more governor-friendly.

Just another day of transparency, accountability, good government and selecting appointees “on the basis of what they know, not who they know,” courtesy of Piyush Jindal.

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LouisianaVoice will soon have a sister publication in the form of an online state newspaper, according to publisher Tom Aswell.

The new feature, which will be published online in newspaper format, will be a weekly publication geared exclusively to Louisiana political news.

“This will be a free-subscription publication because we want everyone in Louisiana—and elsewhere—to have access to what elected and appointed officials are doing that affect the daily lives of Louisiana’s citizens,” Aswell said.

The name of the new publication will be Louisiana Free Press and will be accessible via the link http://www.louisianafreepress.com, Aswell said.

Louisiana Free Press will be supported 100 percent by advertising revenue and our coverage will be broadened from publishing a single story at a time. There will be multiple stories posted each Friday and the coverage will vary greatly.

Several writers will be contributing coverage of many more agencies than have historically been covered by LouisianaVoice.

These writers will be covering the Louisiana Supreme Court proceedings, Louisiana Attorney General opinions, audit reports of all state and local agencies as they are provided by the Legislative Auditor’s office. Moreover, coverage of agencies will be increased—agencies like the Department of Health and Hospitals, Department of Environmental Quality, Department of Natural Resources, Department of Wildlife and Fisheries, and the Department of Education, the Board of Elementary and Secondary Education, Board of Regents, University of Louisiana System Board of Supervisors and the Public Service Commission, the governor’s office, the lieutenant governor, state treasurer and the legislature, as well as other more obscure state boards and commissions.

“We feel it is important that Louisiana’s citizenry remain informed about what their public officials are doing in Baton Rouge, New Orleans and elsewhere,” Aswell said.

“This is an ambitious endeavor but for too long, too many agencies, board and commissions have operated under the radar of the media,” Aswell said. “We anticipate that is about to change.

“That is not to say that everything we write will be of an investigative nature or that each story will be some major exposé. Most will be of a routine nature but will provide news otherwise not available to the public.”

LouisianaVoice will issue further updates as the schedule for launching Louisiana Free Press develops.

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The best chance for Congress to at least partially mask the stench of Citizens United fell 11 votes short in the U.S. Senate last month, thanks in part to Louisiana’s two senators.

The vote for the Disclose Act, which would have forced independent groups to disclose the names of contributors who give more than $10,000 to them for use in political campaigns, died when it failed to receive the 60 votes needed for passage.

The vote was 51 to 44 in favor of passage.

As might be expected, Sen. David Vitter sided with the Republican opponents in voting against the measure that would have forced unlimited secret campaign spending out into the open.

What might not have been expected was that Sen. Mary Landrieu took a walk.

Just as puzzling was Sen. John McCain (R-Arizona), who co-sponsored the McCain-Feingold campaign finance reform law in 2002, but voted against the Disclose Act.

Arkansas its votes between its two senators with Mark Pryor voting yes and John Boozman voting no but both Alabama senators, Jefferson Sessions and Richard Shelby, voted no. William Cochran of Mississippi voted against the measure.

Besides Landrieu, others who did not vote on the bill included Dean Heller of Nevada, Mark Kirk of Illinois, Lisa Murkowski of Alaska and Roger Wicker of Mississippi. With the exception of Landrieu, all those not voting are Republicans. Kirk is out on extended medical leave after suffering a stroke last January.

Vitter could be expected to be protective of his source of campaign contributions, thus the motivation for his vote against the bill.

Since 1999, OpenSecrets.org reports that Vitter has received the following amounts from these sources:

• Health professionals: $1.67 million ($241,433 from political action committees);

• Attorneys and law firms: $1.1 million ($217,776 from PACs);

• Oil and gas: $1.03 million ($337,450 from PACs);

• Real estate: $853,886 ($90,000 from PACs);

• Securities and investment: $841,581 ($101,000 from PACs).

Individual contributions to Vitter since 1999, according to OpenSecrets.org, not surprisingly show that he shares three large contributors with Gov. Piyush Jindal:

• Edison Chouest: $230,654;

• Jones Walker Law Firm: $304,190;

• Adams and Reese Law Firm: $237,100.

Vitter also received individual contributions from:

• Koch Industries: $40,500;

• National Rifle Association: $237,100.

In all, Vitter received $24.54 million in campaign contributions since 1999. That included $17.9 million, about $12 million of which was in the form of large individual contributions. He also received $4.96 million in PAC contributions, records show.

Landrieu, it seems, is just as beholden to certain special interests.

The record of her campaign contributions go back a full decade further than Vitter because she has served longer. Since 1989, she has received $26.38 million. Some of her major contributors include:

Attorneys and law firms: $3.22 million ($448,420 from PACs);

• Oil and gas: $1 million ($479,205 from PACs);

• Real estate: $821,000 ($121,300 from PACs);

• Lobbyists: $865,656 ($43,108 from PACs);

• Leadership PACs: $669,000.

Landrieu also received individual contributions totaling:

• $288,854 from Entergy ($147,324 in PAC contributions);

• $80,699 from the Shaw Group (43,499 in PAC money);

• $88,598 from J.P. Morgan Chase ($39,498 in PAC contributions).

Like Vitter, Landrieu received the bulk of her contributions ($15.9 million) from individuals but again like Vitter, about 65 percent of those were large individual contributions, meaning that high rollers tend to pose more of an influence than the $50 individual donations. Almost $8 million of her funds came from PACs. That’s about 60 percent more than Vitter.

So it would appear that some elected officials, regardless of party affiliation, are a tad sensitive to letting voters know the sources of their campaign contributions.

As difficult as it is to admit, at least Vitter showed the courage of his convictions, however misplaced his values are, but voting against the Disclose Act.

Landrieu should be as forthright.

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LouisianaVoice has obtained a letter from a New Orleans law firm demanding payment of almost $7.9 million owed by the Recovery School District (RSD) of New Orleans to an Illinois company contracted to provide transportation to RSD students.

The letter confirms earlier reports by LouisianaVoice that RSD was in arrears by nearly $6.6 million in payments to Durham School Services.

At the same time, LouisianaVoice also received a copy of a July 13 letter from Durham notifying about 170 bus drivers and monitors that their jobs were being terminated, effective Aug. 6 as a result of failure of RSD and the Louisiana Department of Education (DOE) to remit contractual payments to Durham.

The letter from Jones Walker Law Firm, dated June 27, was addressed to DOE Superintendent John White and RSD Superintendent Patrick Dobard. In addition, copies were also mailed to each member of the Board of Elementary and Secondary Education.RSD – Durham Letter

“On Feb. 24, 2012, Durham advised DOE and RSD of their breach of the agreements for failing to timely pay for invoiced transportation services,” the letter said. “At that time, the past due amount was $4,494,291.44. Since then, not only have DOE and RSD failed to remedy this breach, but the past due balance has significantly increased.”

The total past due amount quoted in that letter was $6,568,694.81.

“Durham has attempted to engage in good faith discussions with representatives from RSD regarding this matter, but so far a satisfactory resolution has not been reached,” attorney Michael DePetrillo said in the letter. “Durham has also tried to meet with representatives from DOE, who have not yet committed to meeting with Durham on these issues.

“It is my understanding that DOE and RSD have proposed in writing to pay $3.5 million to Durham by July 6 with the remaining balance owed for the 2011-2012 school year paid to Durham by Dec. 31, 2012. Durham, however has not been provided with any assurance regarding these payments nor an indication as to the confirmed source of funding for these payments.”

DePetrillo also cited the outstanding balance of nearly $217,000 due from the defunct Sojourner Truth Academy. “Durham was forced to file a lawsuit and recently obtained a judgment for $216,835.42,” he said. “The problem Durham now faces, in light of Sojourner Truth Academy’s closure, is whether Durham will be able to collect for this debt.”

He said two other invoices not yet billed—for $1,200,594.30 and $108,288.40 bring the total owed by RSD and DOE to $7,877,577.51.

White has said that a payment agreement has been reached with Durham but that has not prevented the loss of 170 jobs.

Part of the loss could stem from the drop in enrollment at RSD schools by nearly 2,000 students.

The letter from Durham to drivers and monitors, however, would seem to indicate that the delinquent payments are largely to blame and that, contrary to White’s claims, no formal agreement for a payment schedule has been reached.

“We wanted to update you on the status of our contract renewal discussions with the Louisiana Recovery School District and the Department of Education,” it said. “We are currently owed a substantial sum of money by the RSD. They had promised to make a partial payment on July 6, but that deadline has now passed without payment.

“Durham also requested assurances from the RSD and DOE regarding repayment of the remaining debt, but the RSD’s subsequent representations were unsatisfactory. Although we hoped to resolve these issues so we could continue to operate for the RSD, it is now clear that Durham cannot realistically maintain this expectation any longer.

“As a result, your position is being terminated, effective August 6, 2012. We will notify you if anything changes in our discussions with the RSD; however, we have no such expectation this will occur.”

Could this be yet another attempt by White to “fill the room with air” as a means of deflecting attention from the real problems?

Stay tuned.

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“Rep. Harrison informs that his assistant will return Monday (July 16) & send the list of recipients of the letter.”

–E-mail to LouisianaVoice from House Clerk Albert “Butch” Speer on Thursday, July 12, in response to request for the names of recipients of a letter from Rep. Joe Harrison (R-Gray) soliciting $1,000 contributions to help “over thirty” legislators attend an ALEC conference.

“My opinion is that the solicitation of donations for ALEC does not create a public record.”

–E-mail from Speer on Monday, July 16, explaining that there had been a 180-degree flip-flop over the weekend.

“I know you work for the House and have little choice but to do the bidding of its membership. I attribute that to your sudden change in position on this matter.”

–E-mail from LouisianaVoice to Speer as a result in the change in position over what is and what is not public record.

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