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Archive for the ‘State Agencies’ Category

A state employee who witnesses any incident of sexual harassment is required to report what he sees or hears immediately.

The Civil Rights Act of 1964 made sexual harassment illegal in the workplace and today, in theory at least, federal laws regarding sexual harassment protect virtually all private and public employees in the U.S.

The Louisiana Department of Culture, Recreation and Tourism (DCRT), for example, has a complaint procedure clearly defined in writing which says, “Any employee experiencing or witnessing sexual harassment by anyone in the Office of the Lieutenant Governor and DCRT, including any manager, supervisor, administrator, co-worker, vendor, client or visitor shall immediately report the inappropriate conduct.”

The departmental regulation further says that under most circumstances, complaints should be made to the employee’s supervisor but “if the complaint involves the employee’s supervisor or someone within the direct line of supervision, or if the employee for any reason, is uncomfortable in reporting to his/her supervisor, he/she may contact any other supervisor” or contact the agency’s human resources director.

But if an employee who witnesses sexual misconduct and dutifully reports it he may find himself with a target on his back and he may well end up as the one who finds himself the subject of investigation, punishment and possibly even termination.

Take the case of Dean Vicknair, a former information technology employee of the Department of Public Safety and Corrections (State Police), who was responsible in part for the five-day suspension of his supervisor for sexual harassment of a female co-worker in 2005 but who ended up paying for his actions with his career.

One would think DPS would be the last place where sexual harassment would be tolerated.

Think again.

Even though DPS has an online State Sex Offender and Child Predator Registry site, it appears to have learned nothing from the 2004 incident involving Jeya Selvaratnam, then a supervisor but since promoted to Director of Information Technology and Communications.

In February of 2012, the State Probation and Parole Office, part of the Department of Corrections (DOC), settled a federal sexual harassment lawsuit involving a supervisor and a female employee of the Probation and Parole district office in Thibodaux in which the female victim was awarded $50,000 and the agency was ordered to initiate a sexual harassment training policy for its employees.

DOC spokesperson Pam Laborde said after the suit was settled that agency officials were “very quick and very swift to act” once the woman’s claims were reported to them. “If the (Probation and Parole) director didn’t know about the incident, how can you take action?” she asked. “We do have good policies in place. We’ll just brush them up where we need to.”

Despite her claim that the agency director was unaware of the supervisor’s actions, the Justice Department said at least four other department employees, including a part-time internal affairs investigator, knew about her harassment, which progressed from inappropriate comments to sexual assault,  but said nothing.

Perhaps that was because, even though that case involved a different agency, the DOC employees were aware of Vicknair’s experience at DPS which culminated in his forced retirement nearly six years after first reporting the incident by his supervisor.

In the end, an unblemished career spanning nearly 21 years meant nothing as he was forced out—while Selvaratnam was promoted.

In a seven-page letter of suspension to Selvaratnam dated April 26, 2005, State Police Col. Henry Whitehorn cited “overwhelming” evidence that Selvaratnam pursued the female subordinate over a six-year period, dating back to Nov. 16, 1998 and in December of 2002, while standing outside the State Police building with Vicknair, the female employee walked past and Selvaratnam told Vicknair he wanted to have sex with her (in the interest of decency, we paraphrased the exact quote provided in Whitehorn’s letter). Whitehorn is currently a U.S. marshal in Shreveport.

Soon after that conversation, Vicknair left DPS for the Department of Transportation and Development “because of problems he had with you,” Whitehorn wrote in his letter to Selvaratnam.

Vicknair did not report the conversation to the woman until more than a year later, in January of 2004, at which time the woman lodged a complaint against Selvaratnam, Whitehorn said. The following day, the woman attempted call out to Selvaratnam in a hallway and he turned and berated her verbally, reminding her, “You are my subordinate.”

Whitehorn also noted that until she filed her complaint against him, Selvaratnam repeatedly called the woman into his office for lengthy conversations and outside for frequent smoke breaks—all of which Whitehorn said forced other employees to take up the slack for the work the woman was unable to perform because she felt she had to acquiesce to Selvaratnam’s demands.

Both Selvaratnam and the female employee were married.

“Mr. Selvaratnam, the evidence is overwhelming that you did, over the course of several years, commencing on or about Nov. 16, 1998, repeatedly and for extended periods of time, keep (the woman) away from her duties as an IT Technical Support Specialist. Your behavior created a hostile work environment for (her) by increasingly interfering with her duties. You took (her) away from her duties to such a great extent that other employees had to perform (her) work for her. Your behavior created a gender-based hostile work environment for (her) and was particularly egregious in view of the fact that you were (her) second tier supervisor at the time. Your behavior was in violation of the Department’s Discrimination and Harassment Complaint Procedure…

“…Behavior which is offensive, inappropriate or in any way creates an unpleasant working environment for your co-workers will not be tolerated. Nor will any form of reprisal for retaliation against (the woman) or anyone involved in the investigative process be tolerated.

“Pursuant to Civil Service Commission Rules…you are hereby suspended for five eight-hour days without pay and allowances. Your suspension will begin at 8 a.m. on Monday May 9, 2005, and end at 4:30 p.m. on Friday, May 13, 2005.”

The female employee won a federal lawsuit against DPS, the details of which were ordered confidential by the court and she also received assurances that she would no longer be under the supervision of Selvaratnam. When he was subsequently promoted, he was once again supervising her and she filed a second suit in state court for breach of contract.

Vicknair, meanwhile, was called back to DPS following Hurricane Katrina to assist in Lotus Notes administration (email administration and trouble shooting) because of a lack of skilled employees in that section. He was assured that there was “no way in hell” Selvaratnam would ever be director of the section.

But Selvaratnam was indeed promoted to director at the insistence of State Police Superintendent Col. Mike Edmonson, Vicknair says, and the woman subsequently transferred to another section.

Vicknair said soon after his promotion Selvaratnam called him into his office and said he had read Vicknair’s transcript and that he “knew who his friends were and who his enemies were,” according to a federal lawsuit filed by Vicknair.

As pressure mounted on Vicknair, he filed grievances against Selvaratnam. When the DPS Grievance Committee investigated his complaints, Vicknair said, the committee interviewed Selvaratnam but none of Vicknair’s witnesses who he said could back up his allegations were called to testify.

Edmonson, who was best man at Selvaratnam’s wedding, was a member of the grievance committee that declined to interview any of Vicknair’s witnesses.

It should be noted here that LouisianaVoice recently received a comment on its June 28 post about the consolidation of 20 Executive Department IT operations from Selvaratnam’s state email address which said, “I don’t see the problem here. Why does everyone hate Governor Jindal? Is this a racial issue?”

When we pointed out that normally a state employee who uses his state email account to respond to political blogs would be reprimanded, Selvaratnam quickly fired off another email—again, from his state email address—denying that he was the author of the original comment. “I did not write to you,” he wrote. “I am not sure how you received this e-mail or who did it or their motive. I would appreciate it if you would remove this from your blog.”

Vicknair, who attempted to comply with requirements to report sexual harassment, only to subsequently find himself the subject of an investigation that left him jobless and which nearly cost him his home, was left disillusioned and more than a little jaded by his experience.

In a letter to DPS Internal Affairs, Vicknair said, “You stated that I failed to cooperate with the investigation” and was accused of inappropriate conduct. “Please explain to me how an attempt to protect a career of 20 years and (to) expose the internal corrupt actions of the current DPS administration warrants a charge of conduct unbecoming.

“My recent experiences have proven that integrity is not a foundation for the internal grievance process and is merely an established ‘feel good policy’ for the perception of adhering to state and federal requirements.

“I should never have been suspended and forced into early retirement after 20 years of impeccable, dedicated state service, but I went down swinging,” he said. “I continue to fight the good fight against corruption in an effort to prevent another person from facing a similar travesty.”

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“I believe that all elected officials should—as I have always endeavored to do—act with the interests of our citizens in mind.”

—State Rep. Chris Broadwater (R-Hammond), vice chairman of the House Labor and Industrial Relations Committee and former director of the Office of Workers’ Compensation, defending his work as attorney for insurance companies seeking to deny or reduce workers’ compensation claims and his admitted practice of routinely consulting with his successor OWC Director Wes Hataway on pending matters before OWC that directly affect his clients.

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When Chris Broadwater the state legislator says he has never received compensation from a private source for the performance of his legislative duties, he is technically correct.

Broadwater the attorney, however, does represent insurance companies before a state agency he once ran and over which he still exercises control as Vice Chairman of the House Labor and Industrial Relations Committee.

Taking that gray area of state ethics and moving into even murkier waters is the fact that Broadwater regularly consults with Wes Hataway, the current director of the Louisiana Office of Worker’s Compensation, the appointive position he himself once held before his election to the House of Representatives in 2011, on matters pending before the current director, Wes Hataway.

Broadwater (R-Hammond) resigned as Director of the Office of Workers’ Comp (OWC) in February 2011 to join a private law firm preparatory to running for state representative that same year and was succeeded by Hataway.

An ally of Gov. Bobby Jindal, Broadwater was immediately assigned to the House Labor and Industrial Relations Committee where he was promptly named vice chairman.

Documents filed with the State Board of Ethics in December 2012 and April of this year indicate that Broadwater represents three companies, Qmedtrix at $275 an hour, the Louisiana Home Builders Association, and LUBA Worker’s Comp, both at $135 an hour, in defending worker’s compensation claims before the OWC.

Moreover, an application for supervisory writs filed with the Third Circuit Court of Appeal in Lake Charles in March of this year in the case of Christus Health Southwest Louisiana, dba Christus St. Patrick Hospital, v. Great American Insurance Co. of New York, revealed meetings between Broadwater, Qmedtrix and Hataway to discuss the disposition of numerous cases involving Qmedtrix, namely efforts to get the cases stayed and transferred to another judge.

That writ application concerns procedures and conversations that took place involving numerous pending workers’ compensation cases about which we will be writing in subsequent postings.

For the purposes of this post, however, we will be limiting the discussion to the activities of Broadwater as they pertain to his relationship with the current Director of OWC (the position he once held) and his serving as vice chairman of the legislative committee that oversees the functions of OWC.

Broadwater, when confronted with the reports of the meetings, admitted to meeting with Hataway in late November 2012 at which time the transfers were discussed, the court filing says.

“In what may be the pinnacle of irony, Mr. Broadwater actually disclosed this ex parte meeting on his state ethics disclosure form,” the writ application says.

It (the writ application) quoted Broadwater’s own comment from that disclosure form: “Met with Director of OWC discussing process of resolving disputes over medical billing.”

The document said Broadwater admitted to meeting with Hataway “three or four times in person” (always with a Qmedtrix attorney present) and speaking with him 10 or 15 times on the phone. “This ex parte contact (Latin legal term meaning for the benefit of one party) with the OWC director at the request of Qmedtrix” cost Qmedtrix $275 per hour for Mr. Broadwater’s services, it said. “This rate must have seemed reasonable to Qmedtrix especially once they learned Chris Broadwater was not only a longtime friend (20 years) of Director Hataway, but was actually Director Hataway’s boss when Chris Broadwater was OWC Director,” the writ application added.

Not only did Broadwater admit discussing with Hataway the pending appointment of his former law partner to succeed Judge Shelly Dick once Judge Dick was confirmed as U.S. District Court Judge, but he related in detail how Hataway sought his advice on whether or not Hataway had the power as director to issue a stay of pending cases without involving the judges to whom the cases were assigned. Broadwater was of the opinion that Hataway did have such authority.

At the time Broadwater was hired by Qmedtrix, he “was well aware that Qmedtrix was involved in numerous workers’ compensation claims pending in the various OWC districts challenging its payment recommendations to the hospitals and ambulatory surgery center,” the writ application says.

“There is absolutely no question that Chris Broadwater was well aware that his client Qmedtrix was heavily involved in the ‘usual and customary’ litigation in front of the OWC at the time these ex parte discussions took place,” the court document said.

Broadwater even admitted as much when he was asked in deposition if he understood when he spoke with Hataway that Qmedtrix “was heavily involved in litigation in Louisiana workers’ compensation courts at the time.”

“Sure,” responded Broadwater to that question.

In addition to Qmedtrix, Broadwater also represented LUBA, the writ application says, “and, in fact, helped (former law partner) Amanda Clark secure LUBA as her client as well.

Broadwater, in a two-page letter to LouisianaVoice, said he approaches his duties as an attorney and as a legislator “with humbleness and with the highest sense of honor and ethical behavior. I believe that all elected officials should…act with the interests of our citizens in mind,” he said.

He said his representation of clients is governed by state statute which “prohibits me from receiving compensation from a source other than the legislature for performing my public duties, from receiving finder’s fees, from being paid by a private source for services related to the legislature or which draws substantially upon official data not a part of the public domain.”

He said he has provided legal counsel to clients before agencies, other than the legislature “and have disclosed such representation as required by law. At no time have I been offered, nor have I ever accepted payment from a private source for the performance of my legislative duties,” he said.

“My service as vice chair of the Labor & Industrial Relations Committee in no manner alters my duties or the constraints placed upon me under the Code of Governmental Ethics.

“If one assumed your interpretation to be correct—that service on a committee to which matters of the law related to one’s private employment are considered—it would likewise be improper for attorneys to serve on the Civil Law Committee, attorneys to serve on the Judiciary Committee, attorneys to serve on the Criminal Justice Committee, pharmacists to serve on the Health and Welfare Committee, business owners to serve on the Commerce Committee, farmers to serve on the Agriculture Committee, insurance agents to serve on the Insurance Committee, accountants to serve on the Ways and Means Committee, or attorneys to serve in the legislature in general as the legislature passes laws that inevitably will be later interpreted and applied in our private legal practice. I do not believe that such an outcome is required by the law, nor do I believe it would be wise policy to prohibit individuals to participate in government and share their area of expertise as policy is developed.

“I believe that my colleagues and I take our oath seriously and, should an issue arise that directly relates to an issue with which we are personally involved, we appropriately recuse ourselves from any such vote.”

While that was certainly better than a “no comment,” it still does not address the issue of his meeting with the OWC director to discuss pending cases that might affect his clients or to give advice to his successor on these cases.

Nor does it explain the likelihood that he would be hired to represent the three companies to fight for denials or reductions in workers’ comp medical payments were it not for his connections as both a legislator and as a former director of the Louisiana Office of Workers’ Compensation.

Just another sad example of how things are done in the administration that gave us the “gold standard” of governmental ethics.

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If you think Gov. Bobby Jindal’s veto of $4 million to provide in-home services to the developmentally disabled was merely an aberration, an inadvertent blip on the budgetary radar, you may wish to reassess your decision to give the governor a pass on this issue.

Jindal, of course, offered his own spin in his pushback against criticism he has received from proponents of the measure but he simply can’t get around the fact that cutbacks of services to the poor appear to be the norm in several states these days. Surely he has not forgotten his closure of Southeast Louisiana Hospital in Mandeville less than a year ago that put mental health treatment by state facilities out of reach for many in southeast Louisiana.

No one denies the current budgetary shortfalls—brought about in large part by Jindal’s stubborn refusal to seek new means of tax revenue except through the New Orleans hotel fee increase (which is not a “tax,” in the land of Jindal-speak, but an “enforceable obligation,”) and college tuition increases (“fees,” not taxes). But were it not for the more-than-generous tax incentives doled out in the form of corporate welfare, er, industrial incentives the state’s coffers would be $5 billion richer each year.

It’s not like he couldn’t have trimmed a couple of million or so from the $1.285 billion appropriation for his Office of Homeland Security and Emergency Preparedness. Of course, to suggest there might be the remote possibility of waste in a budget of nearly $1.3 billion for a pet agency would be blasphemy.

The Louisiana State Racing Commission got its full share of funding—$12.2 million. Surely, there’s no waste there. Likewise, the $82.7 million appropriation for the Louisiana Stadium and Exposition District administered by a commission made up 100 percent of generous Jindal campaign donors.

Then there’s the Department of Economic Development and the Office of Business Development which combine to receive the full complement of their $36.6 million appropriation in order to ensure the uninterrupted flow of those $5 billion in tax incentives, rebates and exemptions to attract all those new jobs that are supposed to retain current residents and bring in new ones—even though the state’s population has shrunk to the extent that we now have only six congressmen instead of the eight we had a few years ago.

And we’re not even going to go into detail about all those washed up ex-legislators hired by the various agencies at six-figure salaries—or the glut of administrative personnel with limited experience with which John White has loaded down his Department of Education, also at six-figure salaries. Or White’s slipshod management of the disastrous voucher program that allowed New Living Word School in Ruston to rip off DOE to the tune of nearly $400,000—money that will never be recovered, by the way.

Sorry, folks, the money’s not there for the developmentally disabled. You just should have had the good sense to be born developmentally abled or better yet, rich.

And as we said in the first paragraph, that veto was no accident. It was planned from the get-go as will future cuts of medical benefits to the poor.

Why do you think Carol Steckel was brought here in the first place?

Steckel was Alabama’s Medicaid Commissioner from 1988-1992 and again from December 2003 until her move to Louisiana in November of 2010.

While at Alabama she issued a ruling that poor amputees in that state didn’t really need artificial limbs. In January of 2008, she submitted the state’s Medicaid budget that cut programs that pay for prosthetics and orthotics (used to provide support and alignment to prevent or correct deformities) because, in her words, the programs were optional, not mandatory.

She also awarded a $3.7 million contract to Affiliated Computer Services (ACS) in 2007 even though that company’s bid was $500,000 more than the next bid. ACS had hired Alabama Gov. Bob Riley’s former chief of staff Toby Roth, which probably greased the skids somewhat.

Sound familiar? ACS, which is now part of Xerox, was awarded four state contracts totaling $45.55 million and ACS contributed $10,000 to Jindal political campaigns. Jan Cassidy, sister-in-law to Congressman (U.S. Senator wannabe) Bill Cassidy, previously worked for ACS and then for Xerox as Vice President, State of Louisiana Client Executive. Where is Ms. Cassidy today? She heads the State of Louisiana Division of Administration’s Procurement and Technology Section at a salary of $150,000. Toby Roth in reverse?

Steckel was imported from Alabama and given the title of Chief of the Department of Health and Hospital’s (DHH) Center for Health Care Innovation and Technology. She created quite a stir when she failed at first but eventually succeeded at terminating 69 information technology positions at DHH and giving the contract to the University of New Orleans to run. The 69 employees moved over to UNO’s payroll, saving the state zero, and UNO began collecting an administrative fee of 15 percent to run the IT operations for DHH. Thus, instead of a savings, the state is now paying an additional 15 percent for privatization.

Steckel has moved on again, this time to work her magic as Medicaid Director for North Carolina.

Now let’s move about 400 miles to the west—to Austin—and examine what occurred when similar legislation was passed in Texas a decade ago.

Dave Mann (not to be confused with the premier political analyst of our era, Bob Mann), then a reporter for the Texas Observer, covered the story in June of 2003 and predicted a train wreck would result from the legislation pushed through by Republican Rep. Arlene Wohlgemuth. Mann, it turns out, was dead-on in his predictions, which could explain in part why he is that publication’s editor today.

HB 2292 amounted to a “massive rewrite of the state’s social services safety net,” Mann wrote by squeezing 11 existing state agencies into four, all under the control of a powerful governor-appointed commissioner. It also cut many relatively inexpensive healthcare services for the poor, wiping out 1,000 state jobs in the process by privatizing several core state functions (again, sound familiar?)

The bill cut services under the Children’s Health Insurance Program and threw up bureaucratic barriers that purged an estimated 160,000 kids from its rolls. It abolished an entire section of Medicaid that offered temporary aid to families who were unable to pay high medical bills because of illness or accident—knocking an additional 10,000 people month out of medical coverage. It also put the squeeze on nursing home patients by reducing their “personal needs” allowances by 25 percent—from $60 per month to $45 (money nursing home residents spent on such things as toothpaste, shampoo, and shoes).

Proponents of the bill crowed that it would eliminate more than 3,000 state employees and hand over several core functions to large corporations, many of whom were major campaign contributors to key Texas politicians.

Among those outsourced functions were four privately run call centers with operators charged with making the determination of which families would be eligible for state programs like Medicaid, CHIP, Supplemental Security Income, welfare and food stamps.

Would anyone care to guess which company tried desperate to jockey itself into position of grabbing a call center contract? None other than our old friend, ACS, which was already running Medicaid programs in 13 states, including Texas.

ACS ended up not getting the call center contract, but if it had, it would have created the mother of conflicts of interest because by virtue of running the Texas Medicaid program, it was charged with keeping administrative costs down. Thus, the fewer Medicaid cases on the books, the lower the costs and the more money ACS would have stood to make. Thus, had it run the call center in the dual role as guardian of the program, it would have had a financial incentive to approve as few people as possible for Medicaid benefits.

Mann, contacted Monday, said though ACS did not get the call center contract, the operation nonetheless “fell apart within months.”

He said the error rates skyrocketed “because experienced state employees who knew the system were gone” and the contractors knew precious little about the system. “The enrollment process was messed up from the start,” he said, and the state was handed a substantial fine by the federal government.

He said Texas had to try and rehire all the former state employees who had been doing the job before. “They had to bring them back in and have them salvage the system,” he said.

Now, if you happen to wonder how four states—Alabama, Louisiana, Texas, and with Carol Steckel now on the scene, most probably North Carolina—could each stumble into the same scenario with Medicaid reforms and privatization of support staff, rest assured it was not a coincidence.

Efforts in Texas, Louisiana and Alabama (and presumably North Carolina) to slash health care benefits under the states’ Medicaid programs come to us courtesy of our old friend, the American Legislative Exchange Council (ALEC).

Though we have not visited ALEC for some time, the organization of some 2000 state legislators and scores of corporate underwriter-sponsors has never been very far from the action.

Among the major targets of ALEC are state health, pharmaceutical and safety net programs, including:

• Opposing health insurance reforms with state constitutional amendments;

• Opposing of efforts to advance public health care;

• Eliminating mandated benefits intended to ensure minimal care for American workers;

• Supporting Medicare privatization;

• Creating barriers to requiring important health benefits;

• Privatizing child support enforcement services.

ALEC’s number-one priority has been to encourage its members (legislators) to introduce bills that would undercut health care reform by prohibiting the Affordable Health Care Act’s insurance mandate.

Led by PhRMA, Johnson & Johnson, Bayer and GlaxoSmithKlein, ALEC’s model bill, the “Freedom of Choice in Health Care Act,” has been introduced in 44 states. Utilizing ideas and information from such groups as the Heritage Foundation, the National Center for Policy Analysis, the Cato Institute, the Goldwater Institute, the James Madison Institute, and the National Federation of Independent Business, ALEC even released a “State Legislators Guild to Repealing ObamaCare” in which a variety of model legislation, including bills to partially privatize Medicaid and SCHIP, is discussed.

Pardon our skepticism, but after the disasters of the Office of Risk Management privatization and the Department of Education voucher fiasco, we can’t help being a bit leery of these quick-fix schemes. The sweetheart CNSI contract with DHH has already proved to be a major $200 million scandal—and that may well be only the beginning.

Up next is an ambitious program to privatize the IT operations of 20 agencies under the Executive Branch. That privatization could mean the loss of some 1100 more state jobs and their duties turned over to a private firm with no grasp of how things are done. That sad scenario has already played out in other states and invariably resulted in cost overruns and repeated failure. There is no reason to expect a better outcome this time.

It was Albert Einstein, after all, who defined insanity as doing the same thing over and over and expecting different results.

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Bobby Jindal as a reform governor in favor of transparency, accountability, integrity, honesty, and ethics, is a joke. A cruel joke.

There, we’ve said it. The man is a chameleon. If you threw him into a big box of crayons, he would explode from system overload.

He says he is for transparency but then he hides behind the deliberative process that he pushed through the legislature shortly after taking office.

Apparently, he also is now hiding behind Troy Hebert, director of the Alcohol and Tobacco Control Agency.

Jindal claims he will not tolerate any compromise of ethics.

To put it bluntly, he lies.

Take House Bill 387 by Rep. John Schroder (R-Covington) for example.

It passed the House unanimously, 100-0 with five members not voting.

On Wednesday, the Senate and Governmental Affairs Committee unceremoniously deferred the bill without objection and with virtually no discussion.

All HB 387 would have done was protect state whistleblowers from reprisals.

The bill said, in part:

• Any public employee who provides information to a legislator or to a legislative committee upon request of a legislator or legislative committee shall be free from discipline, reprisal or threats of discipline or reprisal by the public employer for providing such information;

• No public employee with authority to hire, fire, or discipline employees, supervisor, agency head, nor any elected official shall subject to reprisal or threaten to subject to reprisal any public employee because of the employee’s disclosure of information to a legislator or legislative committee upon request of a legislator or legislative committee;

• If any public employee is suspended, demoted, dismissed, or threatened with suspension, demotion, or dismissal as an act of reprisal in violation of this Section, such employee shall report such action to the Board (of Governmental Ethics);

• An employee who is wrongfully suspended, demoted, or dismissed shall be entitled to reinstatement of his employment and entitled to receive any lost income and benefits for the period of any suspension, demotion, or dismissal;

The bill also provided for punishment of any supervisor who attempted to discipline, demote or fire a whistleblower.

The Jindal administration had opposed the bill as being “too broad,” claiming it could create “unintended consequences” that would inhibit the ability of agency leaders to manage their departments.

The bill was introduced after some state officials who disagreed with the Jindal administration lost their positions (“teagued”) and lawmakers subsequently experienced difficulty in obtaining information from agencies.

Perhaps it was “unintended consequences” that Jindal feared last year when he vetoed Senate Bill 629 by Sen. Ronnie Johns (R-Lake Charles).

SB 629, for those of you who don’t remember, would have provided “’transparency’ reporting to the legislature by the Department of Health and Hospitals (DHH) concerning the Louisiana Medicaid Bayou Health program and the Louisiana Behavioral Health Partnership and Coordinated System of Care programs.”

SB 629 was approved unanimously in the House, by a 102-0 vote with three absences. Then it went to the Senate where is was again approved unanimously, 38-0 with one absence.

Jindal promptly vetoed the bill.

Fast forward six months and the FBI issues a subpoena for all records in the possession of the Division of Administration relative to the $184 million CNSI contract with DHH.

Bruce Greenstein, who was DHH secretary at the time the contract was awarded, had once worked for CNSI and it was learned that he had tweaked the bid requirements in order that CNSI might qualify as a bidder on the contract.

Embarrassed, Jindal cancelled the CNSI contract and Greenstein resigned.

In an unrelated incident, Greenstein eliminated the position of internal auditor at DHH and some months later, a DHH employee was arrested for embezzling funds from the agency. With no internal auditor, how was it that the employee was discovered?

A private investigator.

That’s right, a private investigator. That’s indictment enough of this administration, but to allow the continued intimidation of state employees who know of illegal or unethical activity is to encourage the continued abuse of power by supervisory personnel even as the state treasury is looted.

But Jindal vetoed SB 629 as being unnecessary, perhaps even burdensome.

So now, the Senate and Governmental Affairs Committee, at the urging of Hebert, deferred without objection HB 387.

Sen. Bob Kostelka (R-Monroe), who sits on the committee, said Hebert had contacted every member of the committee to convey the message that the administration was opposed to the bill.

So why is Hebert carrying the water for Jindal? He has enough troubles running his own agency.

Who knows? Perhaps he fancies himself as Jindal’s heir apparent. He has about as much chance of achieving that objective as Jindal has of becoming president.

Kostelka described Schroder as “pissed” at the Senate committee’s deferral of his bill. “I see what’s happening here,” he was quoted by Kostelka as saying as he got up from the witness table to exit the committee room.

So now Jindal has won his version of transparency, accountability, integrity, honesty, and ethics. State employees may now continue to fear leaking information to legislators or the media. Only the bravest will dare come forward now and then only with total confidence that their names will never be divulged—a standing guarantee from LouisianaVoice.

Kostelka said he did not object to the motion by Shreveport Democrat Greg Tarver to defer the bill “because I saw the handwriting on the wall. The governor had gotten to the committee members through Hebert.”

Here are the other Senate and Governmental Affairs Committee members and their email addresses:

• Jody Amedee (R-Gonzales, chairman): amedeej@legis.la.gov

• Mike Walsworth (R-West Monroe, vice-chairman): walsworthm@legis.la.gov

• Jack Donahue (R-Mandeville): donahuej@legis.la.gov

• Jean-Paul Morrell (D-New Orleans): morrelljp@legis.la.gov

• Ed Murray (D-New Orleans): murraye@legis.la.gov

• Jonathan Perry (R-Kaplan): perryj@legis.la.gov

• Neil Riser (R-Columbia): risern@legis.la.gov

• Greg Tarver (D-Shreveport): tarverg@legis.la.gov

If you are predisposed to do so, shoot them an email and ask 1): what they’re trying to hide; 2): why they knuckle under to a lame duck, dishonest, self-absorbed, politically ambitious excuse of a governor, and 3): if they always check their manhood at the door.

The time is long past for the electorate of this state to stand together and call an end to politicians pimping out the state’s resources and contracts to political cronies and campaign contributors.

The only reason to send errand boys like Troy Hebert to massage legislators is to ensure that state government works only for the perpetuation of political corruption and not for the benefit of the governed.

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