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Poor Troy Hebert. Like his mentor, Bobby Jindal, he just can’t seem to get any traction or notice in a crowded field of candidates.

Unlike Jindal, however, instead of sending out daily email blasts from Iowa proclaiming the glass to be half full (when in reality, the glass was just dirty and needed washing), Hebert, one of 24 candidates for the U.S. Senate, is making his case in the courts.

He should be right at home there, given the number of times he was sued by agents he fired and/or harassed during his tenure as Jindal’s Commissioner of Alcohol and Tobacco Control (ATC).

Where Jindal resigned himself to the kiddie table at the Republican debates in Iowa’s debates that more resembled a bunch of hogs trying to get to the slop trough (and we all know by now that the biggest pig of all, Trump, ultimately prevailed, causing the others to squeal pretty loudly), Hebert is suing a polling firm because he was incorrectly identified as a (gasp!) Republican!

Hebert, a former Democrat while serving as a State Representative from the parishes of Vermilion and Iberia, is a declared Independent, running without party affiliation.

He doesn’t seem to be commanding the same respect as a candidate that he did as head of ATC where employees were required to stand and chirp, “Good morning, Commissioner,” when he entered the room.

So he’s claiming in his lawsuit that a May poll (not to be confused with a maypole) conducted by Southern Media and Opinion Research and its veteran pollster Bernie Pinsonat was “flawed” because it incorrectly identified him as a Republican.

He said the polling firm is incompetent at best and committing fraud at worst by “intentionally misleading respondents,” adding in a whine reminiscent of Trump himself, that “the system is definitely rigged against independent candidates” because the survey was used to keep him from participating in two candidate forums.

Pinsonat, in something of an understatement, said identifying Hebert as an Independent would not get him better numbers.

Hebert says he was not allowed to participate in a June 29 forum sponsored by the Louisiana chapter of the National Federation of Independent Businesses and the Louisiana Restaurant Association.

He was also turned away, he said, from a July 28 event put on by the Louisiana Municipal Association because he didn’t reach the required 5 percent in the Southern Media survey.

In that poll for the period of May 19-23, State Treasurer John Kennedy and “Undecided” were neck and neck at 32 percent. The only other candidate to touch double digits was U.S. Rep. Charles Boustany with 10 percent. Hebert, with 2 percent, edged out Eric Skrmetta, who got 1 percent.

At least Hebert can take some comfort in the knowledge that he did better in that poll than his former boss did in any of the polls in Iowa.

Of course he still has an outside shot of making the runoff—if he can only persuade Jindal to endorse one of the other candidates

 

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By Robert Burns

After Louisiana’s FYE books were closed on June 30, 2013, the Jindal administration touted the fact that 2,340 hospital employees had been laid off during that fiscal year. Nevertheless, one hospital, the Huey P. Long Hospital in Pineville, was proving particularly vexing for Jindal’s administration.

With much fanfare, Jindal’s folks called a news conference to announce that the hospital’s operations would be transferred to England Airpark with an estimated $30 million required to renovate the facility which was closed in the early 1990s. The money was said to come from $5 million pledged by the England facility and the remainder from state-issued capital outlay bonds issued during FYE ’13.

Despite all of the hoopla associated with the announcement of the transfer, the proposal ended up fizzling out, and Jindal’s administration had to conjure up a “Plan B.”

That turned out to be another iteration of the public/private partnerships for which the Jindal administration essentially could have qualified for a patent on crafting such arrangements. In this instance, the public/private partnership would entail Rapides Regional Medical Center and Christus St. Frances Cabrini Hospital taking over much of the workload of Huey P. Long.

Of course, the whole proposal had the

gnawing obstacle that it needed approval from those darn folks at the Legislature, and that’s where things got interesting.

To accomplish the goal, Senator Gerald Long obediently introduced

Senate Concurrent Resolution (SCR) 48 in the regular session of the 2014 Legislative Session. On March 31, 2014, the Senate Committee posted an agenda for its meeting of April 2, 2014; however, that agenda was devoid of any reference to SCR-48.

On April 1, 2014 at 4:07 p.m., a revised agenda was posted in which SCR

-48 was posted and itemized to include a notation entailing its subject matter: “creating a new model of health care delivery in the Alexandria and Pineville area.” Amendments were added to SCR-48, and it ultimately passed both the House (66-28) and Senate (26-11).

Baton Rouge attorney Arthur Smith, III,

filed litigation on behalf of affected employees of the hospital and others alleging violations of Senate Rules of Order 13.73 and 13.75.

Also alleged was a violation of Louisiana’s Open Meetings Laws

, and relief was sought to have SCR-48 declared null and void (a relief available under Louisiana’s Open Meetings laws) based on that violation and also an assertion that SCR-48 was unconstitutional. A preliminary injunction was also sought to block the closure of the hospital with the ultimate goal of obtaining a permanent injunction.

The trial court granted the preliminary injunction, but it simultaneously suspended enforcement of the

preliminary injunction upon the defendants (the Louisiana Senate, LSU, and the State of Louisiana) perfecting an appeal.

It was initially believed that the Louisiana Supreme Court (LSC) would decide the matter because of the issue raised of the constitutionality of SCR

-48. However, the Supreme Court quickly refused to hear the matter in stating that it was “not properly before this Court.” The Supremes (no, not the singing Supremes) elaborated by ruling that it could consider only matters which had been declared unconstitutional in a court of law.

Since the trial court’s reasons for judgment only made reference to the

potential unconstitutionality of SCR-48 without making a definitive declaration that it was unconstitutional, the Supreme Court denied writs.

Meanwhile, the hospital was closed, and Smith took his case to the First Circuit Court of Appeal. That appeal was dismissed based

upon the fact there was no active injunction to prevent the hospital from being closed. That was the case because, expecting (wrongly) the Supreme Court to rule on the matter, Judge Robert Downing suspended the preliminary injunction. With no injunction in place to prevent the closure, the hospital was padlocked.

The First Circuit issued its decision on September 15, 2015. That ruling notwithstanding, the

declaratory judgment aspect of the lawsuit could proceed forward, and that led to a hearing in 19th JDC Judge Don Johnson’s courtroom on Monday, June 13, 2016.

During that hearing, much of what has been elaborated above was rehashed, but then co-counsel for the day’s proceedings, Chris Roy, Sr., of Alexandria, took center stage and converted what had been basically a snooze fest into a fireworks display.

Prior to Roy beginning testimony, Judge Johnson interjected a few points of his own into the arguments. First, Johnson indicated that, while he was a student at Southern University, he experienced a significant health issue and went to Baton Rouge’s local charity hospital

, Earl K. Long, and he said, “I sure was glad it was there to treat me.”

Earl K. Long was also shut down by the Jindal administration and subsequently demolished. Emergency room treatment of indigent patients was initially taken over by Baton Rouge General Midtown. But Baton Rouge General closed its emergency room more than a year ago. That forced low-income charity patients in the northern part of East Baton Rouge Parish to travel a much further distance to Our Lady of the Lake Medical Center in South Baton Rouge for treatment. That point was not lost on attorneys for the defendants who claimed that care would continue to be provided for the underprivileged, but such care would simply now take place under the new public/private venture.

Roy said that the closure of the

Huey Long Charity Hospital caused an enormous level of anxiety among the community’s population and also with the employees of the hospital. Johnson acknowledged that fact and said, “I’m aware of that fact. They didn’t like it at all.” Roy stressed that “125 employees lost their jobs and $11 million in wages were lost as a result of this episode.”

Roy focused most of his arguments on the fact that, contrary to defense attorney claims, the whole issue

of SCR-48 is not now “moot.” He emphasized that ordinary citizens are provided with only one mechanism for making their sentiments known about proposed legislation and that is through “showing up and testifying at committees and subcommittees of the Legislature.”

Roy then rhetorically asked how they were supposed to do that w

hen the Senate would engage in such a “flat-out violation” of posting an addition to the agenda at 4:07 p.m. the day before a hearing when the clearly-established deadline was 1 p.m. for such an addition. Roy then stressed his age, and even poked fun at the relative youth of one of his opposing counselors (who appeared to be in his late 20s at most), in indicating that he, Roy, was one of the participants in the formation of the present Louisiana Constitution.

Roy said, “One of our main objectives was to try and make everything as transparent as possible because there had been a prior governor, whom I won’t reference by name (a thinly veiled reference to Huey Long), who sought to keep the public from knowing

anything that was transpiring.” The irony of the subject matter of the suit being the closing of a hospital named for him seemed not to be lost on anybody in the room.

“Your Honor,” Roy continued, “the Senate basically said ‘to hell with the Constitution. We are the Senate of the State of Louisiana, and we decide what we will do and won’t do.’” Roy then emphasized that opposing counsel could not simply argue that the whole matter was “moot,” and assert a defense along the lines of “we won’t do it again.” Roy then emphasized that Louisiana Senate President John Alario is a good man with integrity and a close personal friend of his, but he then asserted that what Alario allowed to transpire in this instance was just “wrong.”

The State sought the granting of a Motion for Summary Judgment (MSJ) to dismiss the case, and the plaintiffs sought the granting of an MSJ declaring SCR-48 to be null and void. In the battle of the MSJs, Johnson ruled in favor of the plaintiffs: “SCR-48 of the 2014 Regular Session is declared to be Null and Void. The Plaintiff’s may seek attorney fees, costs, and expenses through post-hearing motion. The Joint Motion for Summary Judgment filed by defendants is denied.”

Now all that remains to be seen is whether the state will have to pay salaries and benefits retroactive to the hospital’s closing date to those 125 employees (the amount given was $11 million saved by closing the facility) or if there will be yet another appeal of a 19th JDC judge’s ruling to the First Circuit.

The smart money is on an appeal.

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If you didn’t believe the Senate and Governmental Affairs Committee handled Louisiana State Police (LSP) Superintendent Mike Edmonson with kid gloves a week ago (Wednesday, May 18) you need only contrast that performance with the manner in which committee members ripped into Department of Juvenile Justice Director Mary Livers two weeks earlier (Wednesday, May 4).

In all the years of political posturing witnessed in more than 40 years of covering elected officials, we have never seen anything as disgraceful and disrespectful—or as hypocritical—as the grandstanding of committee Chairperson Karen Carter Peterson (D-New Orleans).

Nor did members Jean-Paul Morrell (D-New Orleans), Wesley Bishop (D-New Orleans), and Jim Fannin (R-Jonesboro) even make so much as an attempt at civility or professional courtesy in dealing with Livers, a veteran of 40 years in the field of corrections. Fannin, in fact, stopped just short of an outright accusation of malfeasance and misappropriation of funds in his condescending North Louisiana drawl.

Members spent the entire 80 minutes not looking at her overall performance but instead, grilling Livers about conditions at the Bridge City Juvenile Detention Center. They seem particularly fixated on her seeming inability to prevent employee turnover at the facility—even to the point of Bishop’s application of a puzzling mathematical formula to explain the significance of 30 staff vacancies at Bridge City.

Oh, but when it came to addressing the documented personnel and administrative problems in the state’s law enforcement agency (verified by LSP’s own internal documents, by the way), members took on a collective hear no evil, see no evil, speak no evil persona. Instead of a vetting by the committee, the hearing turned into a coronation with the only missing stage prop being a halo. https://louisianavoice.com/2016/05/18/16942/

To watch the unabashed lovefest during the Edmonson hearing, go to the 1:11 mark at this link: http://senate.la.gov/video/videoarchive.asp?v=senate/2016/05/051816S~G_0

Yes, the Bridge City facility does have problems. Any correctional facility does and Bridge City may well be far worse than the others and Morrell may have been correct when he said he was concerned that recent events there “was not isolated.”

It was in April that several teenagers housed there broke through locked doors and gave staff a run for their money for several hours and members were justifiably concerned over the reports of violence and “mayhem” (Peterson’s word for conditions there). http://www.nola.com/crime/index.ssf/2016/04/bridge_city_youth_center_attac.html

But as Livers attempted to explain, she was repeatedly interrupted by Peterson who seemed to think the hearing was all about her and who made sure everyone understood she is a lawyer. Among the problems at Juvenile Justice, Livers said, is a 40 percent budget cut endured by the agency.

“There is a lack of staff there,” Livers said. “We have more than 30 vacancies and the staff we have are required to work multiple shifts to make up for the shortage and there is no money in our budget for overtime pay.” (Did we mention a budget cut of 40 percent?)

“The youth there have lots of problems or they wouldn’t be in a facility like Bridge City,” she said. “The problems are historic. When you have more than 100 kids in a facility, you have problems. Today Bridge City is at 136 youth. That’s too many kids in one place, not enough space. It’s a recipe for problems. We have a difficult time keeping people.”

As Livers was saying this, Peterson can be seen on the inset video as she shared a laugh with another committee member. http://senate.la.gov/video/videoarchive.asp?v=senate/2016/05/050416S~G_0

As evidence of Peterson’s apparent inattention to the testimony, Livers said 38 minutes into the video, “I was there (at Bridge City) yesterday.” Then, just 22 minutes later, at the one-hour mark, she asked Livers “When was the last time you were down there.”

Livers said the 30 vacancies were direct line officers. “That’s a major part of the vacancy issue. There are challenges filling social work positions. Our salaries are competitive to hire but not to keep. I’m down there every two or three weeks when we’re having these kinds of issues…”

“You’re always having these kinds of issues,” Peterson interrupted. “You say you have a passion for this. Overall, I’m not suggesting you’re not doing a good job but in this instance, it’s not adequate. Why? Even with the resources you have, if there are current vacancies and you lead the department and the vacancies are the reason that institution can’t function, that needs to be prioritized. Whatever needs to happen to get that filled, that’s your job. Every day it’s not filled, those children are at risk.”

Funny that same mindset wasn’t present two weeks later when Edmonson said in that same chair. You’d think that when a trooper is allowed for months on end to work a couple of hours and then go home to sleep for the remainder of his 12-hour shift, the driving public might be “at risk.”

When a trooper is having sex with a young female while on duty—once on the back seat of his patrol car—you’d think a committee member might wonder if the public might be “at risk” because the trooper wasn’t doing his job.

It might be reasonable to assume the integrity and reputation of the Louisiana State Police might be “at risk” when a State Police lieutenant escorts an underage girl onto the gaming floor of a Vicksburg, Mississippi, casino, tries to use his position to talk his way out of a citation (again, from LSP documents obtained by LouisianaVoice through a public records request), is fined $600 by the Mississippi Gaming Commission, and is subsequently promoted to troop commander.

Some member of the committee missed a great opportunity to pontificate about whether a state police lieutenant found to be using prescription narcotics while on duty might be placing himself “at risk.” That same member might wonder why that trooper was also subsequently promoted to troop commander.

But….nary a word from a single member—except when they took turns gushing over what a great public servant Edmonson is.

But Peterson, Bishop, and Fannin tripped all over each other in challenging Livers and her performance. And when Livers attempted to explain the hiring process, she was abruptly cut off by Peterson. Not a shred of common courtesy was displayed by either of the three. Funny how that works.

Peterson asked why there was such a high turnover—a question Livers had already addressed in describing the working conditions at Bridge City. But she gamely tried again. “There is a variety of reasons,” she said. “Most say the job was not what they thought it would be. They don’t like being called into service and working all kinds of hours because of vacancies.”

“That goes back to you,” Peterson snapped. “It’s not enough to take responsibility. You’ve been there a long time. You say you take responsibility but nothing gets done.”

“With all due respect,” Livers said, “I don’t think nothing is being done. I think a lot is being done. Is it acceptable? No, but we’ve thrown everything we have at it to make the sure the kids are safe.”

“There are 136 kids at Bridge City,” Peterson said. “Are they safe?”

“Based on the staffing we have, yes,” Livers said.

When Bishop finally got to speak, his jumbled math quickly became a bone of contention.

“I’ve tried to equate 30 vacancies for 136 kids,” he said. “Let’s say there are just 120 kids. With 30 vacancies, that’s a ratio of four to one.”

Huh? As best we could make out, he seemed to believe there were only 30 staff members before they all quit—or something like that.

“There are more than 200 staff members who are there,” Livers said, trying to bring him around—possibly to Common Core math.

“Aren’t absences even more of a reason to fill vacancies?” he asked. “Why don’t you fill the vacancies? Why would you not hire people?”

“Why would anybody not strive to fill all the positions that you have?” Livers answered.

“That’s the question most of us are asking,” said Bishop, apparently also not paying attention when Livers earlier explained why there was such high turnover at Bridge City. (What does it take to get these people to shut their mouths and listen to testimony being given?)

“We are striving to do that, Senator,” she said, coming down heavy on the word. “And we’re striving to keep those people. It’s not from a lack of desire, attention, or focus; it is a complexity of issues that culminate into a very difficult task.”

“You’re still saying it’s safe?” Peterson asked.

“Chairwoman, we’re doing everything we can…”

But again, Peterson was hell bent on interrupting. “I’m asking if you believe the facility under your jurisdiction is safe.”

“I do.”

Then it was Fannin’s turn. The former Chairman of the House Appropriations Committee before he was forced to run for the Senate after being term-limited on the other side of the Capitol rotunda asked how long the 30 vacancies had existed and what the average vacancy duration was.

He then launched into a veiled accusation of fiscal mismanagement by Livers. “I don’t recall the Department of Juvenile Justice having any excess revenues. What do you do with the funds allocated for those 30 salaries?”

Reminding Fannin of that 40 percent budget cut, Livers tried to explain that her agency had ended its fiscal years having to borrow money from the Treasury to stay afloat. “Whatever money there is goes towards operations,” she said. “We’ve ended the year short of funds for three years in a row.”

“You’re not really answering my question. You didn’t know how long the vacancies was (sic) and now you’re not wanting to answer what you use the money for.”

“We have been underfunded for the past three years, so when we have operational costs, whatever savings there may be from vacancies are shifted into operations through working with the Division of Administration,” she said. “We are one of the agencies that have suffered the most cuts.”

“But you have 30 vacancies,” Bishop said. “A deliberate decision was made to use money for vacancies for other purposes.”

“We are not deliberately not hiring people, Senator,” she said. “That seems to be the impression you’re getting.”

Peterson closed out the joint exercise in narcissism by scolding Livers one last time. “You were there yesterday and you were there three weeks ago and that was inadequate,” she said. “I don’t know who runs that facility but I would highly recommend that you get there and roll up your sleeves and you fix it (funny, no one told Edmonson to “fix” anything). And you hire these 30 people ASAP.

“And we may ask you to come back and finish this confirmation hearing before the end of the session.”

No you will not.

Your committee’s boorish treatment of Ms. Livers, in stark contrast to the butt-kissing you did with Edmonson, convinced her she’s had enough of your crap. To be perfectly blunt, she doesn’t need to be subjected to such a blatant double standard.

Accordingly, she has taken her retirement and gotten out of Dodge.

Yes, there are problems at Bridge City. No one can deny that. There are problems at every corrections facility. And committee members are within their rights to ask hard questions—but they do not have the right to ignore one problem with only syrupy words of high praise for the public face of law enforcement in Louisiana while crucifying another department head just for the sake of political posturing.

So, Sen. Peterson, why don’t you get there and roll up your sleeves and fix it? And you hire those 30 people ASAP.

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“I’m not perfect but gosh, I try to be.”

—State Police Superintendent Mike Edmonson at Senate and Governmental Affairs Committee hearing on his confirmation for another term.

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To call Wednesday’s confirmation hearings by the Senate and Governmental Affairs Committee on the reappointment of State Police Superintendent Mike Edmonson a love fest would be grossly inaccurate.

What transpired during the 21-minute “grilling” of Edmonson more closely resembled a group hug—or more accurately, a group butt-kissing—than a real consideration of the candidate’s qualifications to serve another four years as head of the state’s law enforcement agency.

The committee took no vote on confirmation on Wednesday but will re-convene before the current session closes to vote on all nominees.

Before going any further, it is important to know which committee member asked specific questions about how a state trooper who twice had sex with a woman while on duty—once in the back seat of his patrol car—managed to keep his job under Edmonson.

It is vital to know which member asked how a trooper in Troop D was allowed to work a couple of hours and then go home to sleep the rest of his shift for years before LouisianaVoice revealed the payroll fraud and why three separate supervisors who knew of that activity but did nothing went undisciplined.

Which committee member inquired about the promotion of a Troop D lieutenant to captain and troop commander—after it was learned he was abusing prescription drugs on the job? And which member wanted more information about that same captain being caught lying (a firing offense) but who was never disciplined?

Likewise, voters should know which committee member demanded to know how a lieutenant in Troop F could be caught abetting an underage girl’s entry onto the gaming floor of a Vicksburg, Mississippi, casino, fined more than $600, and then promoted to captain and commander of Troop F.

It would be interesting to know which committee member probed the reason Jill Boudreaux was allowed to take an early retirement incentive buyout, receive 300 hours in accrued leave pay, retire for one day and return to work—with a promotion to a higher position—the very next day, all while pocketing about $59,000 to which she was not entitled.

And which committee member demanded to know why high-ranking state police administrative personnel were allowed to reside in the State Police Academy VIP quarters while going through marital problems? The latest to do so is Interim Undersecretary Custodian of Records of the Office of Management and Finance within the Department of Public Safety Maj. Jason Starnes who is reported to be currently living there, courtesy of Louisiana taxpayers. The VIP quarters are unofficially known as the “Dupuy Suite” in honor of Edmonson’s Chief of Staff Charles Dupuy reportedly stayed there on the state dime following the breakup of his first marriage.

And of course, we’d all love to know who spoke up to ask questions about that furtive amendment tacked onto an innocent bill in the closing minutes of the 2014 legislative session that almost gave Edmonson an illegal $30,000 per year bump in his retirement. Only a tip to LouisianaVoice from an anonymous source thwarted that attempt even though the bill, with the amendment intact, passed and was actually signed by Bobby Jindal.

With no need to keep readers in suspense any longer, here are the identities of the committee members vigilant enough to seek answers to those nagging questions:

No one, no one, no one, no one, no one, no one, no one, and no one.

Here is the link to the video of the 92-minute committee meeting. Scroll over to the 1:12 (that’s one hour and 12 minutes into the hearing) mark to hear Edmonson inspiration opening remarks and those of the committee members (if you can stomach it).

http://senate.la.gov/video/videoarchive.asp?v=senate/2016/05/051816S~G_0

That’s correct. The people you sent to Baton Rouge to look out for our interests never opened their yaps a single time to ask a single question about the string of improprieties linked to the administration of one Mike Edmonson. Not one, not once.

That’s not to say a few of the members didn’t speak up. Several did and their fawning and slobbering all over Edmonson was nothing short of nauseating.

Take Sen. Mike Walsworth (R-West Monroe): the guy was so infatuated with Edmonson that he couldn’t stop talking. Literally. The man didn’t seem to know when to shut up. Even Edmonson appeared embarrassed at Walsworth’s blathering about what a wonderful job he was doing as head of state police, keeping us safe and all.

At least Sen. Neil Riser (R-Columbia) did ask one question that was relevant. That was about the state troopers detailed to patrol the New Orleans French Quarter. (Surely you didn’t think it was Riser who asked about that amendment that nearly gave Edmonson that raise. It was Riser who authored the amendment in the first place, though he first denied it before finally fessing up.

Sens. Greg Tarver (D-Shreveport), Troy Carter (D-New Orleans), Jack Donahue (R-Mandeville), Jim Fannin (R-Jonesboro), and Committee Chair Karen Carter Peterson (D-New Orleans) each took turns trying to out-snorkel each other and folks, it was not a pretty sight. To say they were blowing smoke up his toga simply isn’t descriptive enough.

The nearest anyone came to alluded to any of the myriad of problems that have brought trooper morale down to ground zero was when Peterson made a passing remark about “disgruntled employees.”

Peterson then cautioned Edmonson that there are differences between Bobby Jindal and Gov. John Bel Edwards (no kidding?) and that there are not different philosophies that he should be cognizant of. The jury’s still out as to just what the hell she was talking about.

After the committee had strewn rose petals (and possibly even palm leaves) in Edmonson’s path, he was appropriately humble.

“I’m not perfect, but gosh, I try to be,” he gushed.

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