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Archive for the ‘State Agencies’ Category

The burning paradox that is Gov. Bobby Jindal comes down to this: for someone who so obviously loves and embraces the private sector, it’s curious that he has never earned his livelihood in it.

Yes, we know that he “worked” for four whole months for McKinsey & Co. in 1994 but that could hardly be considered as the private sector since the firm primarily serves as a training ground for future bureaucrats and elected public servants.

To paraphrase a 1981 line from actor Burt Reynolds at his Friars Club roast, he’d probably like to thank the little people for putting him into office—but he’d never associate with them.

Of course, should he ever decide to re-enter the private sector and if Jim Parsons should decide to leave the CBS sitcom The Big Bang Theory, Jindal could step right into the role of Dr. Sheldon Cooper and never miss a beat.

Sheldon Cooper, in case you are not a regular viewer (you can catch the show on CBS at 7 p.m. Thursdays or reruns on Tuesdays at 7 p.m. on TBS), is the glue that holds the popular show together. He is academically brilliant (as most would concede Jindal to be) but completely unable to relate to mere mortals (as all would have to agree is a persona that fits Jindal like a glove).

Sheldon is a fount of book knowledge, possessed of an eidetic memory and able to spout figures, dates and statistics with the comparative ease of reciting one’s ABCs but is unable—or unwilling—to perform the simple task of driving a car.

Jindal is a fount of book knowledge, possessed of an eidetic memory and able to spout figures, dates and statistics with the comparative ease….well you get the picture.

Sheldon is completely and totally devoid of human emotion, is unfeeling and unable to communicate in a normal conversation because he has no empathy for his fellow human being. Even in casual conversation, it is impossible for him to avoid insulting the intelligence of those around him, be they peers or subordinates.

Jindal is similarly lacking in those same qualities and likewise cannot speak without offending—be it civil service employees, department heads or fellow Republicans whom he now publicly refers to as being stupid.

Sheldon, when playing board games or video games with his friends, is prone to make up his own rules as he goes along—much to the consternation of Leonard, Raj and Howard, his three friends on the show.

Jindal also is not above tweaking the rules to his advantage as in his exempting the governor’s office from the state’s public records laws—much to the consternation of the media.

But most striking of all the similarities between the two: Sheldon is stubborn and steadfastly refuses to admit to the prospect that he could ever be wrong—about anything.

Jindal, too, is mulishly stubborn and just as steadfastly refuses to entertain the thought that he might be wrong about anything—a trait that goes at least as far back as middle school, according to a former teacher who described him as unwilling to accept correction even then.

But back to Jindal’s undying devotion to the private sector:

His is a strange relationship indeed.

Visit the home a professor, and you’re likely to find shelves upon shelves of books. Visit a hunter and you will find hunting rifles and mounted deer, elk and moose heads. Same with fishermen and the mounted bass that adorn their den walls.

Visit an aficionado of the private sector like, say, the governor of Louisiana and you’re likely to find…photos of smiling campaign contributors.

But you would never find him putting in a typical 8 to 5 day in a cubicle or toiling away in the workaday world like the rest of us. That is so far beneath him as to be comical to even consider.

No, he would never stoop to such a low level. That is for people who can be manipulated, used and even fired at will—by people like him.

Instead, Jindal chooses to reciprocate the private sector’s political campaign contribution largesse by selling off the state, piece by piece, agency by agency to his corporate benefactors while at the same time, selling out hard-working, dedicated state workers without so much as a second thought or a thank you.

The private sector is Jindal’s benefactor, not his employer. Accordingly, he must pander to the corporate suits like Rupert Murdoch, K12, Dell Computers, Marathon Oil, Wireless Generation, Altria, Hospital Corp. of America, Magellan Health Services, Meridian, CNSI, Information Management Consultants, Innovative Emergency Management, Anheuser-Busch, Corrections Corp. of America, AT&T, Koch Industries, the entire membership of the American Legislative Exchange Council (ALEC), and most of his appointees to prestigious boards and commissions.

No, Bobby Jindal would never earn—has never earned—his living from the private sector.

But make no mistake about it: he owes his political existence to corporate America and the private sector.

And he believes with equal conviction that he owes nothing to state employees or the public sector.

Yes, he could step right in and fill Jim Parsons’ role as Sheldon and the difference would be negligible—except for the obvious cultural imbalance that would create.

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The Louisiana Attorney General’s office has more than 80 legal opinions posted online that address the state’s open meetings and public records laws but don’t expect James “Buddy” Caldwell’s office to assist if you run up against resistance from a state agency like, oh say, the Louisiana Department of Education when seeking public records.

When LouisianaVoice recently encountered characteristic foot-dragging by State Education Superintendent in complying with our request for records pertaining to the department’s connections to Bill Gates’ Shared Learning Collaborative and Wireless Generation, a subsidiary of Rupert Murdoch’s News Corp., we asked for a little help from the attorney general’s office.

That help was not forthcoming so we had to go to our fall back plan—our legal counsel, J. Arthur Smith who loves to take on the bureaucracy.

Instead, we received a telephone call from an assistant attorney general somewhere deep within the bowels of the Livingston Building at 1885 North Third Street in Baton Rouge.

The assistant AG was polite enough as she explained that it was not the function of the attorney general’s office to assist the public in obtaining public records from recalcitrant state agencies.

“But, but, you do help when people are attempting to obtain access to public meetings,” we sputtered in disbelief.

“Yes,” she said, “but we are not involved in disputes over public records.”

“Yet you will get involved in enforcing open meeting laws?”

“Yes, that’s different.”

“Wait. What? Different?”

“Yes.”

“But I thought the attorney general’s office would assist Louisiana citizens gain access to public records. Isn’t that the law?

“Where does it say that? We assist with public meetings.”

“You differentiate between public records and public meetings?”

“Yes. We will help with public meetings but we don’t involve ourselves with public records.”

“What’s the difference?”

“There is a difference.”

“What is it?”

“One issue is public meetings while the other is public records.”

Such is the surreal world one encounters when attempting to navigate the bureaucratic red tape of state government.

Yet, when one does a cursory internet search, it is easy enough to find opinion after opinion that addresses the very issue in question—like the following excerpts from Louisiana Attorney General opinions:

• The Department of Insurance must comply with a public records request made pursuant to LA. R.S. 44.1, et seq.

• Square footage obtained by the assessor in the performance of his or her constitutional and statutorily designated duties falls within the definition of a public record provided by the Public Records Act…

• The Slidell Memorial Hospital Foundation is a quasi-public body, subject to the open meetings laws, public records laws…

• Hand-held scanners may be used in the inspection of public records (we threw this one in because Gov. Bobby Jindal’s office refused us the opportunity several months back to use our hand-held scanner to inspect public records.)

• The nominating committee for the Southeast Louisiana Flood Protection Authority is subject to the state’s “open meeting” and “public records” laws.

• When employees conduct official business through electronic communications, it becomes part of the public record which an individual may view…

• East Baton Rouge firefighters’ timesheets are a matter of public record…

And so on. You get our drift.

So, while no help can be anticipated from within the Louisiana Department of Justice (because, in the words of the late Richard Pryor, it’s “just US,” or in this case, “just them”), we will nevertheless plod along in our attempt to keep our readership informed—even to the point of employing the considerable persuasive legal talents of J. Arthur Smith who loves his job almost as much as we love ours.

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It’s highly improbable but there is an ever-so-remote possibility that State Superintendent of Education John White could find his job in jeopardy.

Whether he does or not, there is a much greater chance that State Sen. Bob Kostelka (R-Monroe) could find himself removed from his chairmanship of the Senate Judiciary C Committee and/or removed from three other committees on which he now serves.

That’s because Kostelka intimated on Thursday that he intends to introduce a bill in the upcoming legislative session calling for a constitutional amendment making the state superintendent of education position elective instead of appointive.

The office was previously elective until 1987 when it was changed to appointive but now Kostelka wants to change it back.

His announcement came on the heels of a news story this week by Capitol News Service that linked White and the state Department of Education (DOE) to Rupert Murdoch and his News Corp. which was embroiled in the hacking scandal two years ago in which cell phone communications were compromised in Europe.

Emails obtained by CNS revealed plans by DOE to enter sensitive student and teacher information—including names, social security numbers and grades—into a massive electronic data bank being built by Wireless Generation, a subsidiary of News Corp., as part of a project called the Shared Learning Collaborative (SLC) being spearheaded by the Bill and Melinda Gates Foundation.

The CNS story has generated a movement among parents to notify White and DOE that they do not want any information on their children provided to any outside entity.

The proposed collection of data on students has already begun in a few states and has created considerable controversy in places like New York. That state’s contract with News Corp. was first approved, then cancelled, only to be reapproved last August as one of several subcontractors for Public Consulting Group, one of four contractors chosen for the $27 million contract.

Under the proposal, Wireless Generation is supposed to store student test scores, student demographic information, curriculum materials, lesson plans and other information and would presumably perform the same function for Louisiana.

Though no cost estimates have been provided for the program in Louisiana, providers for the New York program will be paid in part based on the number of school districts that choose their data systems.

The Gates Foundation plans to turn over the personal data it collects to another, as yet unnamed corporation headed by Iwan Streichenberger, former marketing director for an Atlanta company that sells whiteboard to schools.

A copy of a 68-page contract between SLC and the New York State Educational Department was provided by a citizens’ watchdog group in that state. The contract said, in part, that there were no guarantees that data would not be susceptible to intrusion or hacking, though “reasonable and appropriate measures” would be taken to protect information.

“I have prepared a bill calling for a constitutional amendment making the Louisiana Superintendent of Education elected and not appointed,” Kostelka said in an email to CNS on Thursday. “It will be difficult to pass, but the people should decide who their superintendent is—not the governor.”

Technically, the state superintendent is not chosen by the governor but by the Board of Elementary and Secondary Education (BESE). The reality, however, is that Gov. Bobby Jindal campaigned for and contributed monetarily to the campaigns of favored BESE candidates in the fall of 2011 after the previous board had held up the appointment of White, Jindal’s choice for the post. Only after several pro-Jindal candidates were elected did BESE eventually formally appoint White upon their taking office in January of 2012.

Kostelka, in authoring such a bill, risks incurring the wrath of Jindal who, in popular Baton Rouge parlance, would likely “teague” Kostelka out of this committee chairmanship and even demote him from his current committee seats to minor committees.

The term “teague” comes from Jindal’s firing of Melody Teague in October of 2009 one day after she testified before the Government Streamlining Committee. She appealed and eventually won her job back.

But six months later, her husband Tommy Teague, was fired as director of the State Office of Group Benefits because he did not endorse the privatization of his agency quickly or enthusiastically enough to please Jindal.

Jindal has a well-established tradition of demoting or firing legislators, state civil service employees and appointees who dare display any independence.

He doesn’t do the actual firing, of course, and even goes to great length to deny any involvement in the decision to fire or demote. Instead, he hands off that task to agency heads or cabinet members do the firing and either Speaker of the House Chuck Kleckley (R-Lake Charles) or Senate President John Alario (R-Westwego).

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Whenever Gov. Bobby Jindal speaks, be it on Fox News, CNN, to fellow Republican governors or at a rare press conference such as the one held on Thursday, his threefold purpose always seems to be to inflate weak ideology, obscure poor reasoning and inhibit clarity.

His less-than-masterful tax plan for the state, which he admitted to reporters is like so many of his ill-conceived programs in that it actually remains a non-plan, might well be entitled “The Dynamics of Irrational and Mythical Imperatives of Tax Reform: A Study in Psychic Trans-Relational Fiscal Recovery Modes” (with apologies to Calvin and Hobbes, our all-time favorite comic strip).

It’s not certain what drives him to wade off into these issues (see: hospital and prison closures, higher education cutbacks, charter schools, online courses and vouchers, state employee retirement “reform,” and privatization of efficiently-operating state agencies like the Office of Group Benefits) but his actions are probably precipitated by deeply ingrained biological, psychological and sociological imperatives that have triggered a reduced functionality in the cerebral cortex (Pickles).

Or it could be some depraved attempt to inflict vengeance on society because his two imaginary childhood friends teased him and wouldn’t let him play with them.

And though he insists he has the job he wants, we can’t help but wonder if he isn’t even now casting a covetous sidelong look at the advantages of plundering (Frazz) in case his presidential aspirations fail to materialize.

The reason for all this speculation is brought on by his admission in that ever-so-brief (less than 12 minutes or six question, whichever came first) press conference Thursday that the administration does not have a proposal as yet to eliminate personal and corporate income taxes despite his well-publicized announcement that he wants to scrap state income taxes for individuals and corporations (especially corporations) in a “revenue neutral” way that would most likely involve increased sales taxes.

But he doesn’t have a proposal yet.

Are you listening, legislators? He doesn’t have a proposal yet. That means the onus is going to be on you and if he doesn’t have his way with you (as he has for the past five years—and you can take that any way you please), he’s going public with the blame game.

If everything goes south, you don’t really think he’s going to take the blame, do you?

He doesn’t have a proposal yet. Now we see where State Superintendent John White gets his prompts on running the Department of Education. White has not submitted a completed plan for any project begun at DOE since he took over; everything—vouchers, charters, course choice—is in a constant state of flux. He announces rules, retracts, readjusts, re-evaluates only to lose a lawsuit over the way his boss proposed to fund state vouchers.

Jindal doesn’t have a proposal—for anything. His retirement “reform” package for state employees was a disaster from the get go. Even before he lost yet another court decision on that issue in January, the matter of whether or not the proposed plan for new hires was an IRS-qualified plan—meaning a plan the IRS would accept in lieu of social security—remained unresolved.

He didn’t have a proposal: let’s just do it and see later if the IRS will accept it. Throw it up against the wall and see if it sticks.

Remember when he vetoed a bill two years ago to renew a five-cent tax on cigarettes because, he said, he was opposed to new taxes (it was a renewal!)? Well, now he’s considering a $1 tax increase on a pack of cigarettes.

“Everything is on the table,” he said. “That’s the way it should be.”

But isn’t he the same governor who closed hospitals and prisons without so much as a heads-up to legislators in the areas affected.

Isn’t he the same governor who rejected a federal grant to make boardband internet available to rural areas of the state but had no alternative plan for broadband?

Isn’t he the same governor who continues to resist ObamaCare at the cost of millions of dollars in Medicaid funding to provide medical care for the state’s poor?

He said he is looking at different ways to protect low- and middle-income citizens.

By increasing the state sales tax by nearly two cents on the dollar? By rejecting another $50 million federal grant for early childhood development? By shuttering battered women’s shelters and attempting to terminate state funding for hospice? By pushing for more and more tax breaks for corporations and wealthy Louisiana citizens? By appointing former legislators to six-figure state jobs for which they’re wholly unqualified while denying raises to the state’s working stiffs? Yeah, that’ll really protect the low income people of the state.

“It’s way too early to make decisions on what’s in and out of the plan,” he said of the soon-to-be proposed (we assume) income tax re-haul.

Well, Governor, it’s your job to make decisions, to come up with a proposal to present to the legislature so House and Senate members may have sufficient time to debate the issues—unlike your sweeping education package of a year ago.

In your response to President Obama’s State of the Union address this week (not your disastrous response in 2009 in which the Republican Party subjected you to national ridicule), you said, “With four more years in office, he (Obama) needs to step up to the plate and do the job he was elected to do.”

That’s right, folks. You can’t make up stuff this good. The response is so easy that it’s embarrassing but here goes:

Pot, meet Kettle.

In retrospect, drawing on comic strip for inspiration when writing about Jindal somehow seems entirely appropriate.

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Piyush strikes again.

This time, the victims are low-income children under the age of 6 who are considered at-risk of developing social, emotional or developmental problems—and 76 state employees who will lose their jobs—while Piyush redirects federal funding for the program to other areas of the state’s budget.

Remember approximately 15 months ago, when Gov. Piyush Jindal announced that he would not seek a $60 million federal grant in early childhood education funding for the state because, he said, the state’s system for early childhood education is “inefficient” and mired in bureaucracy? “We need to streamline the governance structure, funding streams and quality standards in our early childhood system,” he said at the time.

Now, Jindal’s latest move is to terminate the Early Childhood Supports and Services mental health program that provides assessment, counseling and case management to young children in low-income families in the parishes of Orleans, East Baton Rouge, Terrebonne, Lafayette, St. Tammany, and Ouachita.

And it should come as no surprise that he would justify this latest budgetary cut by falling back on the old reliable claim that the program is “inefficient.”

In terms of standard measures of child health and well-being, Louisiana has been ranked 49th or 50th for each of the past 15 years.

Research has demonstrated that poverty is the single greatest threat to a child’s well-being and the percentage of children living in poverty in Louisiana is 27 percent, 50 percent higher than the national average of 18 percent.

Louisiana has experienced minimal success in providing services for the early childhood period. Some of the services cited as essential for helping these children are access to medical care, mental health and social-emotional development, early care and education, parenting education and family support, according to the Maternal and Child Health Bureau’s State Early Childhood Comprehensive Systems (SECCS) grant (known in Louisiana as BrightStart).

Instead, Jindal has chosen to disembowel the program, effective Feb. 1, explaining that children with intensive needs can seek help from pediatricians, family resource centers or nonprofit groups.
Program proponents, however, have expressed concern that the program’s termination will result in children receiving medication but having to go on waiting lists for therapy or going without altogether.

What’s more, Piyush plans to take the $2.8 million in federal funding the program is scheduled to receive over the next five months and use it elsewhere in the state’s $25 billion budget.

Even worse, Janet Ketcham, executive director of the McMains Children’s Developmental Center in Baton Rouge will now have to scrap plans for a grant for her center. She said she was contending for a grant to collaborate with Early Childhood Support and Services in order to make it easier for parents get their children into speech therapy programs.

“Now I have to withdraw the grant,” she said.

But the biggest irony of all?

At the same time that Piyush was announcing the dismantling of early childhood services, he was jumping on another bandwagon, albeit somewhat late.

While services to address social, emotional and developmental problems were being eliminated, Piyush was announcing the formation of a study committee on school safety nearly a month after the Dec. 14 massacre of 20 students and six adults at Sandy Hook Elementary School in Newtown, Conn.

And this is the same governor, remember, who turned his back on a $60 million for early childhood education funding. His official mouthpiece, Kyle Plotkin, said that three separate departments had done a thorough analysis of the grant and determined that it was “the exact opposite approach our state should take to help our kids.”

Fully one-third of the children in Louisiana are living in poverty and applying for a $60 million grant for early childhood education was deemed the opposite approach the state should take to help these kids.

Such is the mindset of this administration.

And we still have three years to go.

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