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Archive for the ‘Transparency’ Category

Could it be mere coincidence that the word privatize sounds a lot like privateer?

Remember the clamor to privatize Social Security? Advocates wanted Americans to be allowed to control their own retirement money by investing it in the stock market. To many, it seemed like a good idea at the time.

Fortunately, calmer heads prevailed and all the privatization rhetoric quieted, its disappearance pretty much coinciding with the collapse of several Wall Street investment banking firms and the subsequent trillion-dollar congressional bailout. Millions of Americans saw their 401k funds evaporate. Suddenly, social security privatization didn’t seem like such a hot idea.

Despite that, Gov. Bobby Jindal espouses what he considers a panacea to the state’s fiscal woes: privatization. Even if state property must be sold and the fate of thousands of state workers, along with their retirement and health benefits, are thrown into jeopardy, privatize. In that regard, he is in lock-step with Republican governors all over the U.S.

The answer to every fiscal ill that beleaguers the state is privatization, according to Jindal. Sometimes privatization can even extend into the already private sector, especially if state help for private enterprise through Jindal’s economic development air program happens to benefit campaign contributors.

LaShip, owned by Gary Chouest, was the direct beneficiary of Jindal’s $10 million investment in state funds for expansions to the Port of Terrebonne in 2008. Chouest, his businesses, which also include Chouest Offshore and C-Logistics, and his family members made a minimum of 18 campaign contributions to Jindal totaling $85,000. The funds came from a $1.1 billion state surplus. Ironic, given that the state today is faced with a $1.6 billion deficit.

Then, of course, there is the infamous chicken plant in Union Parish.

When Pilgrim’s Pride decided to close its plant in Farmerville, Jindal scurried to find a buyer for Pilgrim founder Lonnie “Bo” Pilgrim. California-based Foster Farms eventually purchased the plant after the state put up $50 million. Lonnie Pilgrim and Foster Farms both contributed generously to Jindal’s campaign.

Anyone who has followed Jindal should not be surprised. More than 200 key Jindal appointees combined to contribute more than $784,000 to his campaign.

Coincidence, says Jindal Press Secretary Kyle Plotkin who added that those contributors supported Jindal’s plans for reforming Louisiana and for improving the state’s image.

Nor does Jindal consider his repeal of the Stelly Plan in 2008 to be detrimental to the state’s financial well-being even though experts said the action would create a $350 million revenue loss in the first year, 2009. The Stelly Plan was approved by a majority of Louisiana voters but Jindal repealed it, saying his action would save single income tax filers as much as $500 a year and joint filers $1,000. That sounded great until one peeled back the layers and found that the $500 savings would be realized only by single filers making as much as $90,000 a year and to save $1,000, joint filers would have to make more than $150,000 per year.

Louisiana’s median household income was $43,635 in 2010.

It was little more than a year ago, in January 2010, that then-Commissioner of Administration Angelé Davis released the highlights of the administration’s “streamlining measures implementation plan.” Among those highlights were a 10 percent reduction in the numbers of cars in the state’s automobile fleet, sale of unneeded state property, better contractor oversight, and the establishment of a “Privatization and Outsourcing Unit” within the Division of Administration (DOA) “to serve as a resource for all departments and agencies for identifying and implementing appropriate privatization and outsourcing initiatives.”

To that end, the report said a Request for Proposals (RFP) had already been issued by the Office of Risk Management (ORM) “to evaluate the potential cost savings and/or service improvements with outsourcing the claims management and loss prevention services for all lines of coverage to a private company.”

The privatization of ORM was, in fact, accomplished when Mandeville-based F.A. Richard and Associates (FARA) was awarded the contract to take over operations of the agency, beginning with its Workers Compensation unit. The phased-in takeover is scheduled to be complete in 2013 at a cost of $68 million under terms of FARA’s contract with the state.

Proposals were taken on the privatization of at least one other agency but none of the proposals were attractive enough to gain administration approval.

No matter. Even without waiting to see if the privatization of ORM proves to be a wise move, Jindal is plunging ahead in his efforts to privatize other agencies, including state prison facilities, the Office of Group Benefits (OGB), and, if you watch what’s been going on with charter schools, public education.

As was the case of ORM, the privatization of any state agency would require the concurrence of the State Legislature. With recent party switches by several legislatures, Jindal now enjoys a Republican majority in both the House and Senate.

Privatization has already been tried once with less than satisfactory results.

OGB, beginning on July 1, 2003 offered state employees the option of selecting a Managed Care Option (MCO) administered by FARA, the same firm that is in the process of taking over ORM. A state audit later revealed that FARA was paid $8.6 million more than its $20 million limit, a 43 percent cost overrun.

OGB has since terminated its contract with FARA.

State Sen. Butch Gautreaux (D-Morgan City) has gone on record as opposing the privatization of OGB.

“I am very concerned about the governor’s efforts to sell off OGB,” Gautreaux said in an email. “I sit on the (OGB) board and attend the meetings. We’ve developed a reserve of over $500 million and again the governor is looking at raiding those funds for short term and recurring expenses. This will be a catastrophic move,” he said.

The privatization of state prisons also is also a matter of concern.

DOA recently published a request for information on the privatization of state correctional facilities in Allen and Winn parishes. Both facilities, while state-owned, are presently managed by private firms from Nashville, TN., and Boca Raton, FL.

Figures obtained from DOA show that it presently costs the state about $17.5 million per year to pay the two firms to operate the facilities in Allen and Winn. Avoyelles Correctional Center, which was built from the same architectural plans as those in Winn and Allen and which is state-operated, presently costs about $26 million per year.

The obvious questions then become how can a private company in business to make a profit do so without charging a higher per diem and how can the private companies operate Winn and Allen at one-third less cost than the state spends to run Avoyelles?

Simply put, the private firms pay their employees much less than the state pays its corrections officers. That alone is a major cause for concern among employees of facilities run by the state that might be privatized sometime down the road.

Private firms also offer less in the way of rehabilitation and educational programs. Basically, they operate on the concept of lock and feed. Moreover, because the prisoners will still be the state’s responsibility, the state would continue to bear the cost of prisoners’ medical care. Tough-on-crime types might question the need of rehabilitation and educational programs, being of the “lock-‘em-up-and-throw-away-the-key mindset but medical care can’t be denied.

That might be good for the hard-liners but that philosophy wouldn’t seem to do much to discourage repeat offenders and that flies in the face of Jindal’s highly-touted press release a couple of weeks ago when he boasted that the state’s recidivism rate for first- and second-year prisoners dropped by 33 percent under his administration. It’s the moral equivalent of Jindal’s having his cake and eating it, too.
Privatization necessarily goes against the grain of his stated objective of assimilating prisoners back into society through education and occupational training. He can’t privatize and expect lower recidivism rates, too.

Projecting the current rate of $31.51 per-day per-prisoner now paid parish sheriffs to house state prisoners over the 20-year contract sought by the Department of Public Safety and Corrections, the state would pay a private firm upwards of $700 million. Jindal appears ready to trade that obligation for $66 million in up-front cash sought from the sale of the Allen and Winn facilities.

That $700 million is roughly the same amount the state would pay if it continued to pay the two private firms to operate the facilities. But at least the state would still own the facilities.

But there remains one other factor to toss into the equation that no one has talked about.

While the state is paying $31.51 per day to house its prisoners in the local jails, the federal government is paying upwards of $50 per day to house illegal immigrants.

Given the choice of earning an extra $18.49 per day, a 58.7 percent bump, a lot of sheriffs will opt for the economic consideration of tossing out the state prisoners in favor of dealing with the feds. Where would that leave the state if it has no facilities of its own?

There’s no reason to think that a private firm, once it purchases the state facilities, would not do the same thing when its contract with the state comes up for renewal and the state would have no choice but to acquiesce.

Jindal has also mentioned the possibility of selling several state buildings—buildings that, ironically, were constructed less than a decade ago in an effort to get state offices out of paying rent on privately-owned office space—and of drawing on future State Lottery proceeds.

That would put the state in the position of paying for the buildings twice—all for the sake of obtaining one-time revenue for recurring expenses, according to House Appropriations Committee Chairman Jim Fannin (D-Jonesboro). “We would still have to pay off the mortgage on the buildings while we paid rent to the new owners,” he said.

Privatization has become Jindal’s addiction and he is acting like a desperate street junkie willing to do just about anything to get a quick fix.

And as with the case of all addicts, that can be a dead-end street.

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Louisiana Voice/Capitol News Service has made three separate formal public records requests of the “most transparent administration in Louisiana history” and so far, not a peep has been received in response. Only silence.

Nothing.

Nada.

Zilch.

The most ethical administration ever has been strangely quiet when asked to give an accounting of its own actions.

We requested documentation of the number of days Gov. Bobby Jindal was out of the state during calendar year 2010. We even went so far as to stipulate the purposes for his extended absences for him: campaign appearances for fellow Republicans, fund raisers for his own re-election campaign, and promotional appearances to hawk his self-serving book, Leadership and Crisis, the autobiography that he hopes will catapult him into the U.S. presidency. Or not.

We can only assume the Louisiana public records law, R.S. 44:1 applies to the governor’s office. After all, the definition of a “public body” is clearly spelled out in the statute as “any branch, department, office, agency, board, commission, district, governing authority, political subdivision, or any committee, subcommittee, advisory board, or task force thereof, or any other instrumentality of state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function.”

The definition also includes “all books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are ‘public records’, except as otherwise provided in this Chapter or the Constitution of Louisiana.”

The statute does exempt “any documentary material of a security feature of a public body’s electronic data processing system, information technology system, telecommunications network, or electronic security system, including hardware or software security, password, or security procedure, process, configuration, software, and code.”

“To be ‘public,’ the record must have been used, prepared, possessed, or retained for use in connection with a function performed under authority of the Louisiana Constitution, a state law, or an ordinance, regulation, mandate, or order of a public body,” according to the Public Affairs Research Council (PAR). “This definition covers virtually every kind of record kept by a state or local governmental body,” PAR says.

We thought perhaps we did not meet the criteria to request the records or maybe our request was for the wrong reasons. But, it turns out, we qualify on all counts. “In Louisiana, any person at least 18 years of age may inspect, copy, reproduce, or obtain a copy of any public record. La. R.S. 44:32. The purpose for the document request is immaterial, and an agency or record custodian may not inquire as to the reason,” PAR adds.

To be completely fair, we know these things take time.

We only began our requests in January, after all.

But wait. It turns out that the statute also covers that, or in current parlance, there’s an app for that. If the public record being requested is available, “it must be given to you immediately” and if it is not available, the custodian of the public record “must let you know this in writing.” And if it is not deemed to be a public record, the custodian “must respond within three business days,” according to PAR.

Maybe Jindal’s office simply did not receive our request. But wait! That can’t be because with the first request we submitted, we also asked for the number of state-issued cell phones assigned to the governor’s office and that information was provided.

Well, then, the only other logical explanation for the most transparent, most ethical administration in Louisiana history to not produce the requested records is we waited too long and the records possibly have been shredded or deleted.

Oops. It turns out the statute also covers that contingency. Public records “must be kept for at least three years,” it says.

What to do?

PAR says if five or more business days pass from the time the written records request was made and there is no response, one should contact the Attorney General’s office or the local district attorney, or both. Another option is to retain an attorney and sue the custodian and the public body.

“Custodians (or their public body) who violate the law may have to pay legal fines, damages, and the suing person’s legal fees,” PAR said, adding, “Custodians who violate the law also may be required to serve time in prison.”

Oh, well. Maybe the custodian will be sent to one of the governor’s privatized prisons. No rehabilitation programs. No educational courses. Just lock and feed.

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A funny thing happened on the way to Gov. Bobby Jindal’s anticipated 11 a.m. press conference on Wednesday to announce his plans for the privatization of several state prisons: it never happened. And what did occur quickly morphed into damage control in the governor’s office.

Instead of a real live press conference, the media received only a four-page press release that said, in essence, that the state was transferring Dabadie Correction Center in Pineville and Avoyelles Correctional Center in Cottonport to the sheriffs of the two parishes.

The press release even contained extensive laudatory quotes by the sheriffs of the two parishes as well as by the executive director of the Louisiana Sheriffs’ Association and James LeBlanc, secretary of the Department of Public Safety and Corrections. To a man, they praised the agreement, claiming the move would be beneficial to the state and to both communities.

But when the Alexandria Town Talk hit the streets on Thursday morning, readers learned that both sheriffs had, almost in unison, disavowed any such agreement. Both Rapides Sheriff Charles Wagner, Jr. and Avoyelles Sheriff Doug Anderson indicated they had no inclination—or intention—to take over the facilities.

The governor’s press release quoted Wagner thusly: “Our intention is to save the jobs at Dabadie for our community and to continue to sustain Camp Beauregard. Working with the Louisiana Department of Corrections, we have developed a partnership that has proven beneficial to both of us.”

By Thursday morning, however, Wagner was singing a different tune—that is, if he did in fact utter the statement attributed to him by the governor’s press office in the first place. He quickly notified LeBlanc to reiterate his opposition to the plan.

Anderson was quoted as saying Avoyelles Correctional Center “represents an opportunity for this sheriff’s office to provide a basis for continued employment of those correctional officers in Avoyelles Parish.” Later, like Wagner, he would deny ever having agreed to take over the 1,564-bed prison.

Where were Sheriffs’ Association Executive Director Hal Turner and LeBlanc when the dust had settled on Thursday? Well, Turner didn’t have much to say. He apparently said enough on Wednesday through the governor’s press handout. “Today’s announcement is further evidence of the strong partnership Louisiana sheriffs have with the Department of Correction,” he gushed.

LeBlanc, however, was not so reticent, sniffing “In the event the Avoyelles and Rapides Parish sheriffs do not want to take over these prisons, the department will begin to seek private sector bids on the facilities to move forward with their sale/operations.”

Jindal, meanwhile, has had little to say. Of course, it’s hard to speak with egg all over your face and with your credibility having taken a hit broadside.

So, what, exactly, happened? How did such a monumental misunderstanding of such epic proportions occur?

Simple.

Either somebody (read: Jindal) jumped the gun with an announcement that turned out to be embarrassingly premature, ill-advised, and inaccurate, or

Somebody (read: two sheriffs) lied after receiving a groundswell of protests from local residents.

This much is known: State Reps Robert Johnson (D-Marksville) and Chris Roy (D-Alexandria) and State Sen. Joe McPherson (D-Woodworth) got an earful from their constituents. The main complaints were that they (the citizenry) were not informed about the planned transfers, had seen nothing to convince them that the state would save money or that employees would not have their salaries cut or worse, lose their jobs.

But we digress. Back to what happened.

An administration official close to the situation says flatly that the sheriffs are lying. “They knew about this and they agreed to it,” he said. “The real screw-up was that there was nothing in writing. Nobody in the governor’s office had them sign off on something as simple as an agreement in principle and it gave the sheriffs deniability. It gave them the chance they needed to weasel out of the deal.”

So why in the name of everything neat and binding didn’t Jindal’s boys get the sheriffs’ signatures on a document of some sort? No one but Jindal’s boys can answer that one.

It also brings into question his ability to act like a governor. The state pays local sheriffs in every parish $31.51 per day for each state prisoner housed in local jails and the sheriffs love the arrangement. With the 1,564-beds in Avoyelles and another 580 in Dabadie, that’s potentially a combined income of more than $24.6 million per year for the two sheriffs’ offices. What’s not to love about a sweet deal like that?

Practically any governor dating all the way back to Huey Long would have had buses waiting at the gates of both facilities come dawn Thursday morning to remove all state prisoners from the facilities in retaliation for the sheriffs’ having the temerity to show him up in such a brazen manner.

It would have been one of the better—and one of the more effective—shows of force by a governor since Huey Long coerced 15 state senators to sign his infamous “Round Robin” statement, pledging to vote “not guilty” in his 1929 impeachment trial, though maybe not as clever as brother Earl’s firing the head of state hospitals in 1959 and replacing him with a crony who subsequently ordered Earl’s release from a state mental hospital in Mandeville. Such muscle-flexing sends a clear message as to exactly who is in charge.

Instead, Rhode Scholar Jindal, Louisiana’s Ivy League governor, let two first term sheriffs make him look silly.

And even though he insists he has the job he wants, this latest debacle begs the question: What will happen if he is elected president and participates in an economic summit with Vladimir Putin? Or Chinese Premier Wen Jiabao?

It could get ugly.

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Okay, readers, LouisianaVoice is introducing a new game for everyone to play. It’s called JINDAL BINGO.

You play it just like you play regular bingo except instead of letters and numbers, Jindal catch-phrases will be called out and when you have a square that is labeled with the catch-phrase that is called, you cover it with a kernel of pure corn. The first person to complete a vertical, horizontal, or diagonal line with five straight kernels is the winner. The prize, we’re sorry to say, is another four years of Jindalisms.

Okay, get your cards ready and let’s play:

We’re in the state 90% of the time

Transparency

Stop whining

I have the job I want

Do more with less

Will be forthcoming

Veterans’ medals

A great idea!

Privatize

Three things:

Leadership and Crisis

Absolutely

BP

Merge UNO and SUNO (No one in New Orleans voted for me anyway)

Berms

No pay raise for classified employees

More berms

Gustav

Merge Tech and Grambling? No way. North Louisiana loves me.

Screw up State Employee Health Insurance Contract

Blame the moratorium for everything

Will not take stimulus money

Took stimulus money but didn’t tell anyone

FREE SPACE: DID NOT ENDORSE VITTER

Most ethical administration

Student-based budgeting

Building a better Louisiana

Race to the Top. No, wait. TOPS. I meant TOPS.

Chicken plant

Vitter who?

North Louisiana Protestant church testimony

Veterans Honor Medals

Deep Water Horizon

Photo-op

Hands-on leadership

Accountability

Tax breaks

No tax increase

P.S. Please feel free to log on and add any other Jindalisms you can recall. We need as many as possible to make the game competitive.

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Got a news lead for Louisiana Voice to investigate? Have a suggestion for a story? Your identity will never be revealed. Just send an email to louisianavoice@cox.net

BATON ROUGE (CNS)—Our Rhodes Scholar governor may have employed some rather unique mathematical machinations to arrive at what the Baton Rouge Advocate called a “stunning statistic.” Jindal, amending an earlier figure, now says the state’s first- and second-year prisoner recidivism rate has dropped by 33 percent.

Jindal used the figure to bolster his program to ease the release of some nonviolent prisoners as a cost-savings measure and to reduce recidivism (repeat offenders who are returned to prison).

The only problem is he used what he referred to as “first- and second-year recidivism” to arrive at his figure. Truth be told, there is no such thing as first- and second-year recidivism. Recidivism rate, by definition, means the ratio of the number of recidivists to the number of felons who return to incarceration “during the specified period,” usually five years, according to the California Department of Corrections and Rehabilitation.

Even Department of Corrections Secretary Jimmy LeBlanc said Louisiana normally uses a five-year comparison because it offers a more accurate picture. At a Jan. 20 new conference, for example, Jindal cited a five-year recidivism rate for the state of 48 percent, a figure he now considers too high.

LeBlanc did say that some states measure recidivism rates on a three-year basis. He said, however that five years “is a better reflection” of the true recidivism rate.

Corrections Department spokesperson Pam LaBorde said using a fewer number of years, as was done by Jindal, generally produces a lower recidivism rate.

For example, if 100 prisoners were released and 20 were back in prison the next year, that would be a recidivism rate of 20 percent. But if another 20 of the original 100 recidivated in year three, the recidivism rate of the original 100 would be 40 percent. Likewise if another 20 were recidivated the fourth year, the rate would be 60 percent.

Jindal press secretary Kyle Plotkin said Jindal used the first- and second-year rates because he has only been in office for three years. He said the 33 percent rate proves that some of the “reentry programs” begun by Jindal are working.

But, LeBlanc, appearing to refute his boss, said, “Some who do not come back after the first year may come back after the fourth year.” That being said, the “stunning statistic” to which the Advocate alluded may turn out to be “stunning” only in the clever use of smoke and mirrors employed to arrive at the figure.

As Mark Twain once observed, “There are three kinds of lies: lies, damned lies, and statistics.”

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