“Sticks and stones may break his bones, but if you dare criticize Republican Governor and Presidential-aspirant Bobby Jindal’s policies, it could get you fired.”
–Asian Pacific Americans for Progress web page, Oct. 12, 2009.
Posted in Governor's Office, Notable Quotables, Teague, Transparency on December 21, 2011| 1 Comment »
“Sticks and stones may break his bones, but if you dare criticize Republican Governor and Presidential-aspirant Bobby Jindal’s policies, it could get you fired.”
–Asian Pacific Americans for Progress web page, Oct. 12, 2009.
Posted in Civil Service, Governor's Office, House, Senate, Legislature, Legislators, Teague, Transparency on December 21, 2011| 2 Comments »
If one thinks Gov. Bobby Jindal, that paradigm of virtue, is not capable of vindictive reprisals in order to advance his political agenda, one need look no further than the 2009 standoff between Jindal and the State Civil Service Commission.
The short version of this story reveals Jindal to be as capable of no-holds-barred, take-no-prisoners dirty fighting as any politician anywhere, at any level.
The story actually begins in 2006 in the aftermath of Hurricanes Katrina and Rita and about two years before Jindal took office.
That is when the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) was created to deal with emergencies like hurricanes and oil spills, among other things.
Initially, GOHSEP’s staff was assigned to the governor’s office but then the legislature decided that current and future GOHSEP employees would be unclassified civil servants. They previously were unclassified as part of the state’s Military Department (National Guard).
Barry Erwin, president of the Council for a Better Louisiana (CABL), pointed out that unclassified employees work at the pleasure of the hiring authority, meaning an entire agency of unclassified workers would be subject to a governor’s patronage.
While unclassified employees don’t enjoy the job protection that classified employees do, neither are they bound by the same pay classifications. That means their salaries can—and are—set at considerably higher pay levels.
On average, unclassified employees make about $20,000 per year than their classified counterparts.
Moreover, unclassified employees are not required to meet strict earning guidelines, job qualifications or rules for promotion as do classified workers.
The Civil Service Commission attempted to learn what some of those GOHSEP salaries were and promptly met with claims of executive privilege. The commission, concerned at the proposal to change 425 GOHSEP employees from classified to unclassified and offended at Jindal’s resistance to transparency, filed suit to block the move.
While the lawsuit was pending, Jindal’s forces went into action. Sen. Mike Walsworth (R-West Monroe) promptly filed SB-209 calling for a constitutional amendment to provide “that the director, deputy director and all employees of (GOHSEP) are included in the unclassified service of the state civil service.”
The Civil Service Commission’s concerns notwithstanding, the bill passed the Senate by a unanimous 39-0 vote. The House likewise approved the measure by a 72-11 vote with 21 members not voting.
Jindal signed the bill as Act 538 and the matter was placed on the ballot for Oct. 2, 2010. Voters subsequently approved the measure by the narrowest of margins: 306,106—283,185 (51.9 percent to 48.1 percent) and the controversy appeared settled in favor of increased power for the governor.
But not so fast.
Not to be trifled with, Jindal went on the offensive against the Civil Service Commission and about 62,000 state classified employees. His attack dog this time was Rep. John Schroder (R-Abita Springs).
Schroder filed five separate bills in the 2010 session each of which had civil service directly in its crosshairs.
The crown jewel of those five bills was HB-753 which would have called for a constitutional amendment to abolish the State Civil Service Commission and the Department of Civil Service, effective Jan. 9, 2012.
The other bills included:
• HB-752, which called for a constitutional amendment to grant the legislature sole authority to provide for pay increases for persons in state service;
• HB-754, which called for a constitutional amendment to prohibit pay increases to persons in state service when there is a budget deficit;
• HB-755, which called for a constitutional amendment to require the legislature to determine prior to each fiscal year if a pay increase may be granted to persons in state service and if so, the manner and amount of the increase;
• HB-757, which would have required reports regarding employees of the Department of Civil Service and that copies of those reports be sent to the Senate President and Speaker of the House.
Neither of the bills made it out of committee but that doesn’t mean that they won’t be back on the legislature’s calendar next spring.
With another major budget deficit looming in the not so distant future, it’s probable that state employees will be denied pay raises for a third consecutive year.
But of more concern should be a resurrection of efforts to abolish Civil Service, a move, if successful, would leave state employees with no job security and subject to political pressure in order to keep their jobs, just like the old days of Huey Long, the spoils system and the deduct box.
And don’t dismiss the possibility; Jindal has a long memory.
Posted in BESE, Charters, Education, Ethics, Teague, Transparency, Vouchers on December 20, 2011| Leave a Comment »
Here’s a news flash: if you are Chas Roemer and you never inquire into the propriety of voting on issues that directly affect the financial well-being of your sister, you will most likely never be challenged for your obvious conflict of interest.
It’s all part of the regulations of the State Board of Ethics, regulations that Gov. Bobby Jindal holds up as the “gold standard” of ethics whenever he travels out of state for fund raisers or book promotions, which is quite often.
Roemer is a member of the Board of Elementary and Secondary Education (BESE) from District 6, which comprises all or parts of the parishes of East Baton Rouge, Ascension, Livingston, Tangipahoa and Washington.
His sister, Caroline Roemer Shirley, is executive director of the Louisiana Association of Louisiana Public Charter Schools.
The Board of Ethics, on April 21, 2010, issued a ruling on Docket No. 2010-222 concerning Ms. Shirley’s appearing before BESE on behalf of the association.
In that ruling, the board concluded that Ms. Shirley was prohibited from:
• appearing before BESE;
• representing the association in matters before BESE;
• discussing with individual BESE members matters or positions of the association, and
• interacting with the staff of the Department of Education on matters under the jurisdiction of BESE.
That opinion was a clarification of an earlier ruling issued on Feb. 15, 2008, in response to an inquiry from Chas Roemer. Because Roemer did not request an opinion on the legality of his voting on charter school issues, the one-page opinion did not address that issue.
Because his practice of voting on charter school matters has never been addressed, Roemer has continued to not only vote on those matters but has on occasion even made motions or offered seconds to motions concerning charter schools.
Louisiana Voice on Nov. 2 raised that question along with that of the legality of Jay Guillot’s serving on the board in light of state contracts worth nearly $17 million that his company, Hunt-Guillot & Associates, holds.
It turns out, apparently, that a Louisiana citizen/taxpayer/voter is unqualified to question the ethics of any state elected official. LouisianaVoice’s owner was deemed by the board to have “no legal standing” to seek an ethics ruling on either Guillot or Roemer.
Several attempts were made to contact ethics board staff attorney Stacy Barker, to whom the LouisianaVoice inquiry was assigned but she never returned phone calls. She took our call only after a fake name was given to the receptionist and thus confronted, said the board’s rules state that only someone who is directly affected by an action may seek an ethics determination.
Here are the verbatim procedures for requesting advisory opinions as contained on the Board of Ethics web page:
“Requests for advisory opinions must be in writing, signed and submitted by a person or governmental agency with a demonstrable and objective interest in the opinion requested (emphasis ours). The Board does not render advisory opinions with respect to past conduct, but can provide crucial advice on how to avoid problems in the future.”
The procedure for filing complaints is even more restrictive, requiring a vote of at least eight members to refer a complaint to investigation. A sworn complaint before a notary may be referred to investigation by a simple majority of the board.
The board is comprised of 11 members, seven of whom are appointed by the governor. Two each are elected by the House and Senate. On the surface, it would appear rather difficult to muster an investigation what with the governor holding a solid majority on the board.
If one of his appointees even acts like he is entertaining thoughts of independence, Jindal can pull a Donald Trump and fire them or at least apply sufficient pressure so as to force a resignation. That would not be an unprecedented move; he replaced four black members of the Board of Regents with white males a year ago. And one of his BESE appointees, Tammie McDaniel of Oak Ridge, resigned in February of 2010 after first resisting Jindal’s efforts to force her out.
Apparently one who resides in Roemer’s BESE district and who is concerned for the public schools that his grandchildren attend, is not qualified to seek an ethics ruling. It seems that only someone named Roemer or Shirley has a “legal standing” to request an opinion.
Don’t hold your breath for that request.
If this is an example of what Jindal calls a “gold standard” of state ethics, then the joke is on all of us.
Posted in BESE, Education, Teague, Transparency on August 5, 2011| 2 Comments »
BATON ROUGE (CNS)—LouisianaVoice has obtained a copy of a 72-page report on an investigation conducted by the Louisiana Department of Education (DOE) into allegations of abuse, sexual misconduct, neglect, and missing files at a New Orleans charter school run by a Texas construction and trading company affiliated with the Gulen movement, an offshoot of the Islamic faith.
The report’s five-page cover letter by Acting State Superintendent of Education Ollie Tyler to Penny Dastugue, president of the Board of Elementary and Secondary Education (BESE), claims DOE learned of the allegations surrounding Abramson Science and Technology Charter School in New Orleans on July 14, even though a state education official warned of problems at the school more than a year ago.
That official, Folwell Dunbar, was fired late last month along with his supervisor, Jacob Landry, who was director of the DOE charter office. The firings appear to be a classic example of the “shoot the messenger” mentality.
Abramson’s charter was revoked earlier this week.
The report does not address additional allegations by Dunbar of attempted bribery raised more than a year ago, nor does it explain how DOE officials only became aware of problems at Abramson despite a state audit dated June 10, 2010 which identified numerous deficiencies at the school.
Tevfik Eski, chief executive officer of Pelican Education Foundation in New Orleans, which ran Abramson until its charter was revoked recently by BESE, has denied any allegations of wrongdoing on a web page set up to address the accusations. He also claims religious bias in the reporting of the allegations.
Subsequent to the controversy surrounding Abramson, other complaints have surfaced with another Pelican-run school, Kenilworth Science and Technology Charter School in Baton Rouge.
Pelican is affiliated with Atlas Texas Construction & Trading of Houston. Atlas also operates 38 charter schools in Houston, Austin, Dallas, Fort Worth, Brownsville, El Paso, Laredo, Lubbock and San Antonio through Cosmos Foundatin under the collective banner of Harmony Public Schools.
Cosmos Foundation apparently is similar to Pelican Education Foundation in Louisiana.
A spokesperson for the Texas Education Agency (TEA) said Friday she was unaware of the problems being experienced at the two Louisiana schools and that the only complaints, which she said were groundless, were of alleged attempts by the schools to indoctrinate students in the Gulen faith.
She also said in an email to LouisianaVoice that TEA has “an ongoing financial audit” of Cosmos but there is no scheduled date as yet for its completion.
Complaints contained in the DOE report to BESE on Abramson included:
• Unsupervised students roaming the hallway;
• Students physically attacking teachers;
• Students leaving classrooms without permission;
• Students physically harassing other students during class;
• Sexual misconduct among students;
• School break-ins in which the only missing items turned out to be student files.
The DOE investigative team included Assistant Deputy Superintendent for Departmental Support Erin Bendily, DOE executive legal counsel Joan Hunt, and BESE Executive Director Catherine Pozniak, the report says.
One teacher reported an incident in which she caught two male students engaged in oral sex in a classroom.
There was a subsequent break-in at the school in which the only item reported missing was the file on that incident. Files on other such incidents were also reported missing in other break-ins, the report shows.
“The failure to fully investigate instances of alleged sexual behavior occurring on the school campus is alarming,” Tyler wrote in her report. She said school officials never interviewed a “para-professional” who assisted the teacher who discovered the two students. “They offered no explanation as to why they never interviewed her,” Tyler said.
In another case of an alleged sexual encounter between a boy and girl during a Saturday when they were supposed to be in class, administrators were questioned as to why one of the student’s teachers was not interviewed. An unidentified assistant principal explained to investigators that he “didn’t know” the teacher.
One teacher, Rachel Hobson, reported that her white board was on a wall shared with an adjacent computer science classroom and when she attempted to write on the board, she felt the board shake because bodies were being slammed against the wall on the other side. Once, when she investigated, she found the instructor at his computer wearing headphones while several middle school boys wrestled and shoved each other. “Students informed me that (their teacher) frequently called his wife (who lived elsewhere) during their class period.”
The report redacted both teachers’ names as well as the residency of the computer science teacher’s wife, although Hobson’s name was provided in Tyler’s letter to Dastugue.
Hobson, who taught at Abramson in the 2010-2011 school year, also said the principal’s wife was supposed to monitor a class during state testing but left “because of her religion” when students started watching an R-rated movie.
She also cited instances of cheating by students and teachers alike.
“…Whenever I sent students to take a test in the resource room, they turned in tests with identical answers,” she said. “Even questions that asked for extended response answers or student opinions would be exactly the same for each student. Often, the tests would be written in the Special Education teacher’s handwriting.”
Hobson said she was instructed to give a student with special needs a “D” letter grade because the special education teacher said, “He isn’t going to get a diploma but if he gets enough Carnegie credits (credit hours) he will be able to get a certificate.”
She also revealed in her report claims of Abramson’s issuance of false college admittances:
“Near the end of the year many students who had not previously been accepted to any college began announcing that they had been accepted into North American College,” she said. “Surprisingly, students who were failing their English and math classes and who would not graduate from Abramson on time were still being accepted to North American College. The principal (Cuneyt Dokmen) used these acceptances as proof that Abramson was successful.”
She added that Dokmen was scheduled to work at North American College this fall.
North American College is a private, non-profit four-year institution founded in 2010 and is located in northwest Houston. On its Facebook site it boasts that it offers a “high-quality education” that enables students to “acquire, analyze, interpret, and synthesize information and knowledge; to communicate effectively in writing and speech; to reason critically, symbolically, quantitatively, and scientifically; to recognize ethical issues, to appreciate diversity; to utilize information technology effective, and to develop latent artistic skills.”
Despite Tyler’s claim of only learning of Abramson’s problems in July of 2011, Dunbar, in a memo to department colleagues a year ago said that Inci Akpinar, vice president of Atlas Texas Construction & Trading, told Dunbar while discussing problems at Abramson, “I have twenty-five thousand dollars to fix this problem: twenty thousand for you and five for me.”
This was in addition to the June 2010 state audit which cited cases of classrooms being without instructors for weeks or even months at a time and of students who claimed their science fair projects had been done by their teachers.
More recently, DOE has launched an investigation into allegations of student mistreatment, wrongful termination of teachers at Kenilworth in Baton Rouge.
That investigation was initiated following the filing of a pair of lawsuits against the school.
Former Louisiana Superintendent of Education, under whose administration the Abramson and Kenilworth charters were issued, has been unavailable for comment on developments at the two schools.
Posted in Governor's Office, House, Senate, Legislature, Legislators, OGB, Office of Group Benefits, Teague, Transparency on June 29, 2011| 4 Comments »
Gov. Bobby Jindal’s office has ordered the Human Resources staff at the Office of Group Benefits (OGB) to report to Paul Rainwater and the Division of Administration (DOA), according to State. Sen. D.A. “Butch” Gautreaux (D-Morgan City).
Gautreaux, who is term-limited and not seeking elective office, called on opponents of privatization of the agency to mobilize to resist the governor’s plan.
He is a member of the OGB board of directors and is Chairman of the Senate Retirement Committee and has been a vocal opponent of both Jindal and administration plans to privatize OGB.
Sources inside the administration indicated the latest move requiring OGB to report to DOA is the first step in the administration’s efforts to dismantle the agency altogether prior to selling its book of business to a private investor.
A Request for Proposals (RFP) was issued earlier and a tentative deadline of June 15 set for the selection of a fiscal analyst to evaluate the assets of OGB preparatory to soliciting bids from the private sector for the takeover of the agency and its $500 million equity balance. No financial advisor has yet been publicly named by the administration even though public information requests have been submitted to Rainwater and Deputy Commissioner of Administration Mark Brady.
If a financial analyst is named and DOA does not respond to the public information requests, Rainwater and Brady will be in open violation of state public records law. Violators are subject to fines, courts costs and attorney fees.
Rainwater has been ambivalent as to the true intent of the administration, first issuing an earlier RFP specifically for the sale of OGB and later testifying before Gautreaux’s committee that nothing other than a third party administrator was being sought for the OGB Preferred Provider Organization (PPO) and possibly the HMO.
The agency went through two administrators within a two-month period once the efforts to privatize the agency became public knowledge.
Tommy Teague, who ran the agency as its CEO for five years, taking it from a $60 million deficit to a $500 million surplus, was fired on April 15 and replaced that same day by Scott Kipper, who moved over from the State Department of Insurance.
Six weeks later Kipper resigned over Rainwater’s failure to keep his promise to the Senate and Governmental Affairs Committee to make available to committee member Karen Peterson a report by Chaffe & Associates of New Orleans. His resignation became effective last Friday.
Chaffe had been hired in March by Jindal to conduct a preliminary assessment of OGB in order that Jindal could incorporate its findings into his executive budget by March 19. When no mention of the OGB sale was subsequently included in that budget, it was assumed by many that the Chaffe report did not say what the governor wanted to hear.
That theory seemed to be confirmed later first when Rainwater went back on his word, given under oath, and again when conflicting dates appeared to indicate the possibility that two versions of the report existed.
Rainwater testified before the Senate and Governmental Affairs Committee during his confirmation hearing on May 31 that he received the Chaffe report on May 25 but that it was in the “deliberative” process and its contents could not be divulged.
Four days earlier, Paul Holmes, an attorney with DOA, notified LouisianaVoice by email that the report was received on May 25 but that it was in the “deliberative” process and thus, not public record.
With both men claiming the report was received by DOA on May 25, it raised eyebrows when a copy of the report was “leaked” to the Baton Rouge Advocate. That report was dated June 3 by its authors, nine days after Rainwater and Holmes said they received it.
Moreover, the copy that was supposedly leaked did not contain the stipulation that the only benefit to privatizing OGB would be if the buyer retained the $500 million surplus. Those who had seen the May 25 version said that language was contained in the report.
Gautreaux, in a Tuesday email said the Joint Legislative Committee on the Budget needed to be informed of the administration’s latest maneuver. “Tell them to make it personal,” Gautreaux said to the email’s undisclosed recipients, adding that the OGB administrative staff will likely be fired as a next move by the governor.
“Jindal and his staff have no idea how frightening it is to a senior or anyone with chronic illness to not know if their medication will be covered or the procedures will be available under a private carrier yet to be announced, he said.
Even if the administration does understand, he said, “There is not an ounce of compassion in their hearts. You have to have a life experience like most of us have had to understand the fear that many OGB members have at the very threat of losing their coverage.
“I have a 40-year-old son with MS (multiple sclerosis). He has a family and a great job. He worries every day that if his company changes hands and he loses the coverage he has, he would never be able to afford the $3800 in medication he takes every month. There are thousands of stories like this in OGB,” Gautreaux said.
“Mobilize your troops now. We will never replace the valuable plan once it is lost.”