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Archive for the ‘Public Records’ Category

It’s been awhile since we’ve written about the American Legislative Exchange Council (ALEC), but State Rep. Joseph Harrison (R-Gray) has proven himself a more than capable successor to former Rep. Noble Ellington (R-Winnsboro).

ALEC is a national organization comprised of hundreds of state legislators from around the country as well as corporations which fund the bulk of the organization’s expenses. Heading the list of those corporations is Koch Industries.

ALEC’s corporate members write “model legislation” for lawmakers to take back to their states for passage into law. Foremost among those are education reform, prison privatization, Medicaid reform, state employee pension reform and reductions of public services.

Ellington is the former state representative who served as national president of ALEC in 2011 and hosted ALEC’s national meeting in New Orleans last August. Ellington, after 24 years in the legislature, did not seek re-election last fall and upon leaving office in January, was hired as Chief Deputy Commissioner for the Louisiana Department of Insurance at $150,000 per year.

Now, not to be outdone, Harrison, the state ALEC chairman, has sent out a form letter on state letterhead soliciting contributions of $1,000 each to finance the travel of Louisiana legislative ALEC members to an ALEC conference in Salt Lake City July 25-28. The identities of the recipients of his requests for money were unknown.

The letter opens by saying, “As State Chair and National Board Member of the American Legislative Exchange Council (ALEC), I would like to solicit your financial support to our ALEC Louisiana Scholarship Fund.”

But this letter wasn’t for college scholarships.

“Why does the scholarship fund need your support?” Harrison asked, perhaps rhetorically, in his letter of Monray, July 2. “With over thirty Louisiana Legislators serving on ALEC Task Forces, your support will allow the opportunity (for legislators) to attend conferences funded by the ALEC Scholarship Fund.

“These conferences are packed with educational speakers and presenters, and gives (sic) the legislators a chance to interact with legislators from other states, including forums on Medicaid reform, sub-prime lending, only privacy, environmental education, pharmaceutical litigation, the crisis in state spending, global warming, and financial services and information exchange. All of these issues are import (sic) to the entire lobbying community (note the reference to “lobbying community”).

“I, along with other members of the Louisiana Legislature, greatly appreciate your contribution to the scholarship fund. Your $1,000 check made payable to the ALEC Louisiana Scholarship Fund and can be sent directly to me at 5058 West Main Street, Houma, Louisiana 70360. ALEC is a 501(c)(3) nonprofit educational organization as designated by the IRS.”

It is no surprise that ALEC would be concerned about pharmaceutical litigation, environmental education, Medicaid reform and sub-prime lending since many of its corporate members comprise pharmaceutical companies, oil and chemical companies, medical providers and mortgage lenders.

Even though ALEC picks up the tab for legislators to attend conferences all over the nation, at least 16 Louisiana legislators filed expense reports with the House and Senate for reimbursement of more than $20,750 in expenses related to their attendance at last August’s annual meeting in New Orleans. Additionally, ALEC reimbursed many of those same legislators, plus 19 other members and former House and Senate members an additional $56,200 for other ALEC conferences in such locales as San Antonio, Chicago, San Diego and Washington, D.C.

It is not known if Harrison received any “scholarship” money to attend ALEC conferences, but records obtained from the Louisiana House of Representatives by LouisianaVoice show that he received $9,295.78 in expense reimbursements from the state to attend six conferences in New Orleans, San Diego and Washington, D.C. over a four-year period, from December 2008 to August 2011.

Those included:

• December 2008: Washington, D.C. ($1,896.43);
• September 2009: New Orleans “Out of the Storm Conference ($496);
• December 2009: Washington, D.C. ($1,981.24);
• August 2010: San Diego, California ($970.50);
• November 2010: Washington, D.C. ($2,031.14);
• August 2011: New Orleans ($1,920.97).

LouisianaVoice has submitted two public records requests to Harrison. The first asks for the names of the “over thirty” legislators who are members of ALEC and the second requests, since the contribution solicitation was made on state letterhead, that Harrison provide the identities of every person to whom the solicitation was sent.

It would also be of more than passing interest to know how much in state postage was spent on soliciting funds for a lobbying organization that denies it’s a lobbying organization.

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“I think that John White is still lying. He is in full CYA mode and assumes that he will simply be able to BS his way out of the contradiction the Monroe News-Star has caught him in. After all, it’s a method that has worked perfectly well for him ever since he arrived in Louisiana.”

–Comment by a Times-Picayune reader in response to State Education Superintendent John White’s contention that there was “nothing inappropriate” about his email to members of Gov. Piyush Jindal’s staff in which he outlined his plan for “muddying up the narrative” of reporters who exposed a Ruston school with no accommodations but which was approved for 315 voucher/scholarships.

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As State Education Superintendent John White shifts into a damage control mode, his explanations of Emailgate have taken on a bizarre tone reminiscent of the man, who when his wife catches him cheating with another woman, asks, “Are you going to believe your eyes or what I tell you?”

Or perhaps the attorney who is sued because his dog, allowed to run loose, bites a neighbor: “He must have been provoked because my dog doesn’t bite. Besides, he is never allowed out of my fenced yard. Anyway, I don’t own a dog.”

White’s explanations are about that plausible.

White, in emails to the obviously complicit strategists for Gov. Piyush Jindal on the eve of his confirmation hearing in the final days of the recently completed legislative session, laid out his plan to diffuse criticism of his department’s lack of oversight in awarding voucher/scholarships. No one in Jindal’s office attempted to rein him in.

At the center of the controversy was the approval of 315 vouchers for New Living Word in Ruston, a facility lacking in classrooms, textbooks and teaching staff.

School principal, the Rev. Jerry Baldwin, said the school teaches primarily by DVDs and even though he lacked accommodations for the 315 students, he was moving ahead “on faith.”

White’s misdirection ploy began with the emails to Jindal Communications Director Kyle Plotkin and the governor’s policy adviser Stafford Palmieri and continued several weeks later with a Department of Education (DOE) response to a public records request from LouisianaVoice. That response was sent by DOE public information officer Sarah Mulhearn:

“In your email dated June 25, 2012, you asked, ‘Do you have a date when the Department of Education originally approved New Living Word in Ruston for 315 vouchers?’ The specific information you requested is not available, because final seat numbers have not yet been decided. No school, including New Living Word, has been approved for any definite number of vouchers/scholarships. The 315 is only the number requested by the school.”

A form letter sent out by the department to schools dated May 18 (well before White’s confirmation hearing and his email to Plotkin and Palmieri), however, would seem to suggest otherwise:

“Congratulations on being accepted into the Louisiana State Scholarship Program!” the letter began. “We hope that you are excited to be part of this program, and we look forward to working closely with you in service to the students of Louisiana. Now that you are officially (emphasis added) part of the Scholarship program, we’d like to take a few moments to introduce the next steps in this process.

“Before May 22, you may immediately begin to market yourself to potential students! Feel free to get creative and help spread the word about the available scholarship seats at your school. Also, please note that the Department will contact you soon to detail which fees administered by your school will be covered by the scholarship allocation. As a participating school, you will be the primary ‘on the ground’ point of contact for interested students and their families.

“In addition, we would like to post information about your school on our website for interested students and families.

“Starting on May 22, student applications will be made available to you and posted on the Louisiana Department of Education website. Students will have until June 29 to submit an application. We ask that you make physical copies available at your school or in your community for students and families interested in submitting an application to your school.

“On May 21 and 22, the Department of Education will host webinars that will walk you through the process of accepting an application, verifying student eligibility and entering the application into the Department of Education online data system.

“…The Department of Education will run the lottery process for all students in mid-July. We will provide your school with a list of all of the students who will receive an offer to your school, along with their contact information. At that point, we’re requesting that you reach out to these students, confirm their eligibility once again, and enroll them as soon as possible.”

None of this lends evidence to White’s contention during his confirmation hearing that the department was approving only “preliminary” acceptances in its letters to the schools.

Yet, White said in his email to the governor’s office that he planned to “take some air out of the room on the floor tomorrow…” and that he would “like to create (emphasis added) a news story about ‘the next phase’ of determining seats in schools…” He also said his planned strategy “would allow us to talk through the process with the media, muddying up a narrative they’re trying to keep black and white.”

The emails revealed White’s plans for deliberate duplicity, a concerted effort to mislead a legislative committee poised to determine whether or not he would be confirmed for his position, as well as the media and the public. Yet, after news of the email message broke in the Monroe News-Star, he attempted to defend them by saying there was “nothing inappropriate” about the emails.

He insisted that DOE has planned all along to take a closer look at private schools accepting large numbers of voucher students. He said his note to Plotkin and Palmieri referred only to the timing of making public the next step in the process.

The letter, however, which makes no mention of any additional steps in the approval process, went out to 115 schools, most of them church affiliated, that have been approved for nearly 5,000 vouchers.

Besides the New Living Word School in Ruston, there also is the BeauVer Christian School in Beauregard Parish whose owner was sentenced to four years probation and ordered not to conduct any financial transactions on behalf of the school. That school was approved for 119 vouchers.

Then there is Eternity Christian Academy in Westlake in Calcasieu Parish, approved for 135 vouchers. That school, to support its teaching that the earth is only 6,000 years old, uses textbooks that portray the fictional Loch Ness monster as a real, modern-day dinosaur as some sort of convoluted means of debunking evolution.

Such is the nature of Piyush Jindal’s education reform in the only state in the U.S. where florists must be licensed but there are no accountability standards for charter schools and no certification requirements for charter school teachers.

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Did Plaquemines Parish President Billy Nungesser access parish computer emails to solicit attendance (read: contributions) at a January fundraiser following his unsuccessful challenge to Jay Dardenne for the state’s second-highest office last October?

A better question might well be did he receive any contributions at the Jan. 17 fundraiser at the Grand Oaks Mansion in New Orleans’ Mardi Gras World, co-hosted by Gov. Piyush Jindal?

LouisianaVoice has received a complaint that Nungesser may have solicited attendance (and contributions) via email addresses accessible only through the parish 9-1-1 call line for a fundraiser to pay off debts from his 2011 lieutenant governor’s race.

“The only way that I believe that Billy Nungesser could have accessed my email address would be through the 9-1-1 parish call line,” one Plaquemines Parish resident wrote. “Citizens can register to receive alerts if there’s a hurricane, an evacuation, a hazardous spill, ferry’s out, etc., but it should be off-limits to political fundraisers,” the writer said, adding, “but this IS Bobby Jindal’s Louisiana.”

That was in apparent reference to Jindal’s endorsement of Nungesser in last October’s race against Dardenne, won by Darden with 53.1 percent of the vote.

The emailed invitation said, “You’re invited to join Governor Bobby Jindal at a fundraiser for bill Nungesser Tuesday, Jan. 17, 2012 from 7 p.m. to 9 p.m. (at) Grand Oaks Mansion in Mardi Gras World, 1380 Port of New Orleans Place, New Orleans.”

The invitation also said a “private patron party” would be held from 6 p.m. to 7 p.m.

The bottom of the invitation offered potential donors the options of being a “Patron,” with four tickets as a member of the $5,000 “Host Committee” and attendance at the “private patron party,” a “Sponsor,” with two tickets for a $2,500 contribution, and an “Attendee” with one ticket in exchange for a $1,000 contribution.

Potential attendees were given the option of making their contributions (in advance) via American Express, Discover or Visa, with spaces provided for cardholders’ names, card numbers, expiration dates, security codes and cardholders’ signatures.

Even though the deadline on the invitation was given as Jan. 10, Nungesser’s email was sent three days later, on the 13th, an indication that advance reservations might not have been coming in as hoped, despite the attraction of the governor.

Before Nungesser’s email, the Plaquemines Parish resident who complained to LouisianaVoice said, “I got similar things promoting David Vitter (YUK), Bill Bubrig (who lost the race for Plaquemines Parish sheriff by 12.5 percentage points last November) and Jindal stuff, too. I am a registered Democrat. My email was not on any church list (that would be illegal, too, but we know that is going on) or any other community or political list likely to be accessed by Nungesser.”

The reference to church lists brings to mind Jindal’s visits to protestant churches in north Louisiana last year. An observer at one of those churches recalled seeing a clipboard being circulated during church services at a time when Jindal was giving his testimonial for church members to provide their names, telephone numbers and mailing and email addresses.

Not only was there an indication of slow RSVPs for the bash last January, there is also an even stronger indication that the event was a complete flop.

A check of Nungesser’s campaign finance reports shows that he received no contributions in all of 2012 and in fact, also received none in December of 2011, the month before the event.

In fact, the campaign finance report shows that he received only seven contributions of $500 or more in November, from Nov. 2 to Nov. 17, totaling only $16,500.

If he did receive any contributions as a result of his Jindal party in January, he neglected to file the legally-required campaign finance reports.

It wouldn’t be his first brush with authority—and ethics, however. In June of 2010, it was reported by Legislative Auditor Daryl Purpera that Nungesser may have violated the parish charter and local law when he independently entered into two hurricane recovery contracts in 2007 without obtaining the parish council’s approval.

Nungesser was also cited in 2010 as owning an interest in a marina being expanded by BP to support its cleanup efforts from the Deepwater Horizon oil spill.

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THE PIYUSH JINDAL ADMINISTRATION: where transparency and accountability go to die.

The Monroe News-Star did an excellent job of demonstrating just how far this administration will go to keep legislators and the public in the dark about the governor’s political agenda.

But there are other examples—some of which we have written about here and another that we are writing about today—that reveal an ominous trend of this administration to rule by intimidation and secrecy—a dangerous combination at any level of government. The latest issue might well be the actual status of Jindal’s former Chief of Staff Timmy Teepell, now ostensibly a partner and head of OnMessage Inc.’s Southern office in Baton Rouge. We will get to all of those momentarily, but first that News-Star article of Monday, July 2.

This publication, located in northeast Louisiana nearly 200 miles from the State Capitol, blew the lid off secrecy and misdirection in the Jindal administration with its story on Monday and in so doing, literally embarrassed the stodgy Baton Rouge Advocate with its fully-staffed Capitol News Bureau ensconced comfortably in the basement of the State Capitol.

All reporter Barbara Leader did was obtain email exchanges between State Education Superintendent John White, Jindal mouthpiece Kyle Plotkin and the governor’s policy adviser Stafford Palmieri which revealed White’s plan to “muddy up a narrative” and to “take some air out of the room” with a “due diligence” cockamamie response to news stories about questionable approvals of school voucher requests, most notably the 315 vouchers for Ruston’s New Living Word School.

In the wake of Leader’s latest revelations, one must be left to ponder the wisdom of keeping a policy adviser like Palmieri who apparently did nothing to keep White from making an idiot of himself with his ill-advised scheme or, for that matter, Jindal’s lobbying to hire a state superintendent like John White in the first place.

White’s email to Plotkin and Palmieri take on the appearance of a Shakespearean tragicomedy after he had been put on notice that he should be expected to answer questions about the department’s approval of New Living Word to participate in the expanded voucher program during his confirmation hearings before a legislative committee in the session’s final days.

In fact, White, through spokesperson Sarah Mulhearn, even went so far as to deny to LouisianaVoice that such vouchers had even been approved. In a June 26 email to LouisianaVoice, Mulhearn wrote, “The specific information you requested is not available because final seat numbers have not yet been decided. No school, including New Living Word, has been approved for any definite number of vouchers/scholarships. The 315 is only the number requested by the school.”

Now it appears that explanation may well have been subterfuge on the part of the department and White. Indeed, who knows what to believe from Education now? Any pronouncements from that agency–from the Jindal administration in general, for that matter–must now be taken with all due skepticism with a view toward an ulterior motive.

But as Sen. Ed Murray (D-New Orleans) pointed out during White’s confirmation hearing, there was no mention of “preliminary” acceptances in letters to accepted schools, including New Living Word, nor was there any mention of any “next phase” to include follow-up visits to schools prior to White springing the two terms on the committee.

White, in his email to Plotkin and Palmieri, said on the eve of his confirmation hearing, “I’d like to create (emphasis ours) a news story about the ‘the next phase’ of determining seats in schools before Murray creates an additional story for us tomorrow. I’d also like to take some air out of the room on the floor tomorrow and to give Steve (Rep. Steve Carter, R-Baton Rouge, chairman of the House Education Committee) some cover.”

Let’s see that again: “I’d like to CREATE a news story (as in make one up, concoct, fabricate, etc.) about ‘the next phase’ (this was White’s first-ever reference to any “next phase” in the approval process for school vouchers) of determining seats in schools before Murray creates an additional story for us tomorrow.” In other words, White puts it all in writing where it can be retrieved under a public records request as to how he plans to lie to the committee during his all-import confirmation hearing.

Again, and understand this in no uncertain terms: he is revealing to the governor’s office his plans to lie to the committee and no one in the governor’s office did a damned thing to try and stop him.

At the risk of sounding like a broken record, this is Nixonian at its most basic level and must not be tolerated.

Remember, White was under oath when he testified at his confirmation hearing.

Where is the outrage?

White also wrote that his plan “would chill out some of our friends (presumably recalcitrant legislators), who aren’t being very helpful on the MFP (Minimum Foundation Program, the state formula for funding K-12 public education) by letting them know we’re thinking of the ‘criteria for participation.’”

Wow. What?

And at the end of the day, White, instead of attempting to explain his deliberate, pre-meditated duplicity, chose to question Leader about how she obtained a copy of his email.

Perhaps Mr. White should refer to R.S. 44:1 et seq., otherwise fondly known as the Louisiana Public Records Act.

Not that this administration has any true regard for R.S. 44:1 et seq.

Way back on March 28, LouisianaVoice made a public records request in which we requested information as to Jindal’s whereabouts on specific dates in 2008, 2009, 2010 and 2011, as well as a couple of dates in 2007 when he was still a member of Congress.

What we received in return was a dressing down by Plotkin in two separate emails on March 29. The first, at 8:52 a.m., said, “…it’s clear that you are simply making up travel dates in 2010 when the Governor was actually in state. You obviously have a bad source of information.”

He followed that with a second email at 9:05 a.m. that again said, “You are now trying to make up information.”

The only problem with his theory was that the dates we requested were dates of airline ticket purchases listed in Jindal’s own campaign records for 19 trips to Atlanta, nine to Fort Worth, seven to Houston and two each to Chicago and Dallas. We were quite naturally curious as to who made the trips and why.

It’s not that LouisianaVoice suspected anything illegal or underhanded about the trips; we just wanted to know where Jindal was on those dates. That was more than three months ago and there still has been no response to that request other than executive counsel Elizabeth Murrill’s offering of some travel receipts that did not correspond to the dates requested. Nor did her office allow LouisianaVoice to scan the information into a hand-held scanner, instead requiring that LouisianaVoice pay for the information.

But for the biggest mystery in town, one might contemplate creating a game called “Where’s Timmy” were it not for copyright laws involving “Where’s Waldo.”

Back in October, right after his re-election, Piyush announced that his Chief of Staff Timmy Teepell was leaving his $165,000-a-year position with the administration, “effective immediately,” to head up the Baton Rouge office of OnMessage, Inc., a political consulting firm out of Virginia.

OnMessage was used extensively by Jindal in his 2007 campaign which shelled out something around $1.3 million for consulting work by the firm.

Moreover, an OnMessage partner, Curt Anderson, ghost-wrote Jindal’s yawn-inducing book Leadership and Crisis.

So it was only natural that Teepell would gravitate to the firm and even set up shop in Baton Rouge after leaving the campaign.

Or did he? Did he actually join OnMessage? For that matter, has he ever really left Jindal’s employ? The answers to both questions remain hazy eight months after his announced departure.

While it’s true that the last official date of employment with the governor’s office was July 1, 2011, it’s also true that Jindal’s campaign picked him up about that same time, making a $6,324 payment to Teepell on July 15, 2011 and continuing those payments through Dec. 30, 2011. In fact, he received pretty healthy bumps in pay during his last four months when his pay was $11,872 and $17,856 on Oct. 14 and Oct 24, respectively. He then received a payment of $18,140 on Oct. 31 and payments of $18,562 each on Nov. 30 and Dec. 30.

Jindal’s campaign was continuing to shell out big bucks to OnMessage at the same time. The campaign paid OnMessage nearly $46,000 during November of 2011 and another $55,000 in December, well after his October re-election.

The November and December payments to Teepell might raise a few eyebrows given the fact that OnMessage released an announcement on Oct. 24 to the effect that Teepell had joined the firm “as a partner and head of our new Southern office.”

“Teepell will open and manage our new OnMessage Southern office in Baton Rouge and will work on campaigns throughout the country,” the press release said.

The only problem with that is that announcement was last October and eight months later there still is no listing in the metropolitan Baton Rouge area for a phone number or for a physical address for OnMessage. It’s rather difficult to drum up business when you don’t have an office or a phone.

A check of the Secretary of State’s corporate records was equally fruitless; there was no listing for OnMessage, Inc., meaning the company is not registered in Louisiana even though it ostensibly has an office in the capital city. Somewhere.

In February, it was announced that Teepell’s OnMessage office in Baton Rouge had signed on to work for Republican Congressman Bill Cassidy’s 2012 re-election campaign.

Again, the only problem is that when Congressman Cassidy’s campaign expenditures were searched, there were no payments to OnMessage or to Teepell through May 31. None. Zilch. Nada.

Teepell, while not physically occupying an office or having a phone listing, however, has maintained a regular and highly visible presence in and around the governor’s office and governor’s mansion. And during the recently-completed legislative session, he could routinely be found in the section on the floor of each chamber set aside for the governor’s staff as he monitored the progress of administration-favored legislation.

That then begs the question that if Teepell is indeed working for OnMessage, when and where is he conducting his consulting business? Where is the “OnMessage southern office in Baton Rouge?”

Given the time Teepell spends at the Capitol and the governor’s mansion and given that there is no listing for an address or phone number for OnMessage and given the fact that Jindal’s campaign has not made a payment to OnMessage since Dec. 30, 2011 and given the fact that Cassidy has paid neither OnMessage nor Teepell, a lot of loose ends are left hanging and a lot of questions are left unanswered.

To borrow a phrase from Plotkin, is someone trying to make up information?

Where’s Timmy?

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