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Archive for the ‘Transparency’ Category

dis·crim·i·na·tion

dəˌskriməˈnāSH(ə)n/

noun:

The unjust or prejudicial treatment of different categories of people or things.

Synonyms: prejudice, bias, bigotry, intolerance, narrow-mindedness, unfairness, inequity, favoritism, one-sidedness, partisanship;

hyp·o·crite

ˈhipəˌkrit/

noun:

A person who indulges in hypocrisy (see: Legislature)

sub·ser·vi·ent

səbˈsərvēənt/

adjective

prepared to obey others unquestioningly.

Synonyms: submissive, deferential, compliant, obedient, dutiful, biddable, docile, passive, unassertiveInformal: under someone’s thumb (see: Legislators, Norquist)

What is it about this time of year that turns a group of men and women into blithering idiots, incapable of comprehending the inconsistencies they perpetuate in the name of good government?

Take House Bill 418 by Rep. Stuart Bishop (R-Lafayette) and SB 204 by Sen. Dan Martiny (R-Metairie), for two prime examples. HB 418 SB204

Both bills, being pushed hard by the Louisiana Association of Business and Industry (read: Bobby Jindal), would abolish forbid payroll deductions for public employee unions.

Stephen Waguespack, who previously worked in Jindal’s 2007 campaign and later served as Jindal’s executive counsel and chief of staff, is president of LABI.

Jindal, looking more and more like Scott Walker with each passing day, apparently wants to emulate the Wisconsin governor who recently said if he were elected president, he would “crush” all unions. http://thinkprogress.org/election/2015/05/04/3654397/scott-walker-says-crush-whats-left-american-unions-elected-president/

“I feel it unethical for taxpayers to pay an individual to deduct union dues when they are not exactly sure what the union dues are for,” sniffed Bishop, apparently oblivious to approved payroll deductions for the Louisiana United Way which may support causes the donor might not wish to endorse. http://theadvocate.com/news/12063375-123/payroll-deduction-for-unions-under

Bishop may also have overlooked the question of ethics involved in his expenditure of $6,240 in campaign funds for LSU football tickets in 2012 and 2013. (Note: one of the entries for April 26, 2013 is a duplicate and should not be counted.)

http://ethics.la.gov/CampaignFinanceSearch/SearchResultsByExpenditures.aspx

Martiny, other than introducing SB 204, has been largely silent on the issue. Perhaps, unlike Bishop, he is hesitant to utter the word “ethical” in light of his own campaign expenditures which eclipse those of his House counterpart.

Campaign finance records show that that Martiny has dipped into $107,475 of his campaign funds to pay for such non-campaign-related expenditures as athletic events, meals, air travel, lodging and casinos.

Here is the breakdown on just the athletic events: Tickets for LSU football ($28,823), New Orleans Hornets/Pelicans ($22,680), New Orleans Saints ($22,670), the 2006 NCAA basketball regionals ($1,480), the 2004 Nokia Sugar Bowl ($600)—altogether, a combined expenditure of $76,252. Additionally, there were unspecified expenditures of $864 for “Augusta” (the Masters Golf Tournament, perhaps?) and $590 for Ticketmaster.

Other “campaign” expenditures for Martiny included $7,300 for furniture, $5926 for hotel and resort accommodations, $4,348 for air fare, $5,705 for nine meals, an average of $634 per lobster (mostly at Ruth’s Chris in Metairie), $1,500 for an apparent membership at Pontchartrain Yacht Club, and $5,000 at two truck stop casinos.

To be fair, he did chip in $4,500 for the Better Government Political Action Committee though it was unclear whose better government he was trying to promote.

In an incredible stretch, supporters of the measures linked union dues to abortion clinics when one supporter said the dues could end up supporting such organizations as Planned Parenthood.

Brigitte Nieland, LABI vice president for workforce development, said Louisiana taxpayers are supporting the automatic collection of dollars to go and fund projects that they say they do not support.”

But opponents say the bills are just measures to gut unions and to silence workers by handing more power to big corporations. “It is a way of getting unions out of the way of these large corporations and state political or legislative agendas that are not education or education-friendly,” said Debbie Meaux, president of the Louisiana Association of Educators.

Voters might be able to conjure up a bit more respect for lawmakers if they would just be honest and say they are trying to destroy public employee unions.

But they just can’t seem to be able to admit that. Instead they create phantom arguments such as preventing members from being forced to spend dues on causes that they oppose and, most implausible, that it eases the burden on the state to collect the dues.

Unless you happen to be LABI member Lane Grigsby. Bob Mann recently had a post on his Something Like the Truth blog in which Grigsby said on video (since removed from LABI’s website—did LABI learn transparency from Bobby Jindal?), “When you cut off the unions’ funding, they lose their stroke.” http://bobmannblog.com/2015/05/06/labi-leader-caught-on-video-paycheck-protection-bill-is-fatal-spear-to-the-heart-of-teacher-unions/

Aha! We may at long last have found that honest man Diogenes went searching for with his lamp (until he hit the halls of the Louisiana Legislature at which point he found it necessary to search for his stolen lamp). Anyone seen Scott Walker lurking around the State Capitol?

Why would legislators single out just one payroll deduction when there are literally dozens that are approved by the state?

Approved plans include payroll deductions for savings programs, life insurance, disability insurance, dental insurance, health insurance, the United Way, Secretary of State employees’ Association, Louisiana Wildlife Agents Association, Louisiana State Police Honor Fund, Louisiana State Police Officers Association, Louisiana State Troopers Association, Louisiana Society of Professional Engineers, Fire Marshal Association of Louisiana, Deferred Compensation plans, Probation and Parole Fraternal Order of Police Lodge No. 50, and….well, you get the picture.

If you really want to know why it’s so important, you need only read the endorsement by none other than Grover Norquist of Washington, D.C., head of Americans for Tax Reform, the man and organization who gives the marching orders (read: no-tax pledge) to legislators and governors all across the country, including Louisiana. https://www.atr.org/louisiana-labor-committee-passes-paycheck-protection-bill

“HB 418 saves taxpayer dollars by taking the government out of the dues collection business,” Norquist says. “No more administrative or financial resources will be used by state government to funnel money to unions that, in turn, often use that very money to work against the interests of Louisiana taxpayers. If the unions want the money, they will have to ask for it themselves.”

And oh, such a financial burden it is for a completely automated, computerized and untouched by human hands system to deduct those nasty dues.

That’s selective reasoning at best.

The House Labor & Industrial Relations Committee, by a 9-6 vote, has approved Bishop’s bill which now goes to the full House for debate.

So now we know for certain that nine members of that committee are still taking their marching orders from Norquist and Jindal.

Here are the committee members. Talk about a stacked deck. http://house.louisiana.gov/H_Cmtes/Labor.aspx

We share the sentiments expressed by Steve Monaghan, president of the Louisiana Federation of Teachers (LFT) that the legislature has more important matters on its plate than spending time trying to inflict yet more punishment on the state’s teaching profession.

Like a $1.6 billion budget shortfall.

And yes, we are keenly aware that there were and still are abuses of power in the labor movement. But given the conditions of American labor before the birth of the union movement, I will opt for dealing with those abuses. I would rather not see women and children confined in sweat shops for 12 yours a day for starvation wages. I would rather not see those trying to stand up for their rights clubbed by goons hired by the robber barons. I would rather not see consumers sold rotten meat by the meat packing plants depicted in Upton Sinclair’s The Jungle.

Yes, of course there were abuses in the labor movement. There still are. And there’s not in the halls of government and on Wall Street? In case you haven’t been watching the pendulum has swung far back in the other direction—too far. Corporations wield far more power today than labor. Don’t believe it? Look at the campaign contributions. Compare what Labor gives to what corporations give to the PACs. Check out who has bought the most elections over the past 40 years. And don’t even try to play the corruption card.

But Grover’s will must be done for his is the power and the glory forever.

Amen.

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As an illustration of the arrogance of Commissioner of Administration Kristy Nichols and the Division of Administration (DOA), one need only examine the most recent “compliance” to our request for public records in the matter of former Louisiana Housing Corporation (LHC) Executive Director Frederick Tombar, III. https://louisianavoice.com/2015/04/21/frederick-tombar-a-key-jindal-appointee-resigns-260k-job-at-lhc-following-internal-investigation-of-sexual-harassment/

Even as the parties to our lawsuit against Nichols and DOA were awaiting the start of our case in District Judge Mike Caldwell’s courtroom on Monday, DOA’s legal counsel asked our attorney about our post of Sunday, May 3, in which we revealed that DOA was sitting on another request of ours. We made simultaneous requests, we explained, to DOA and to an office under DOA (LHC). The office responded with the records but DOA still had not complied nearly two weeks after our request was submitted. https://louisianavoice.com/2015/05/03/louisianavoice-v-la-doa-goes-to-trial-monday-we-need-your-help-to-defray-legal-costs-that-will-continue-on-appeal/

But don’t just take our word for it. Here is a column by Robert Mann from nearly two years ago:

http://www.nola.com/opinions/index.ssf/2013/05/louisiana_government_is_making.html

The attorney for DOA, upon being told what records we had requested, promised us we would have the records on Tuesday.

On Tuesday, apparently buoyed by only a partial victory by us, DOA responded with partial compliance as some sort of weird game of gotcha.

The records we received from the LHC contained 16 pages. The records provided Tuesday by DOA contained four pages.

DOA insisted in the trial of our earlier lawsuit against DOA (also before Judge Caldwell, who, in that case, ruled against LouisianaVoice altogether—do we see a pattern here?) that we were not being singled out for deliberate non-compliance or the withholding of records despite DOA’s historically taking weeks and even months to provide requested documents.

Yet, withholding 12 pages of a public record (the LHC board, with the concurrence of legal counsel, had previously decided that the investigative report into allegations of sexual harassment against Tombar was indeed public) certainly appears to us to be deliberate—and against the law.

Here’s the gist of the investigative report:

LHC board Chairman Mayson Foster asked the DOA Office of Human Resources to conduct an investigation on April 13 into claims by two female employees (one, a contract employee and the other a full-time employee of LHC) that Tombar, who lives in New Orleans, had pressured each of them to spend nights with him in his hotel room when he was in Baton Rouge for board meetings.

(The report, as it should, withheld the names of the women and LouisianaVoice has never requested that information. We respect the employees’ privacy; we only wanted the investigative report.)

The harassment of the first employee, a contract worker, began on Nov. 19, 2014, the report said, when Tombar and the employee separately attended a luncheon for the agency. Immediately following the luncheon, he “friended” her on Facebook and Instagram and made repeated requests for her to join him after work for drinks.

The employee made excuses to avoid doing so but then his advances became even stronger as he began to request that she spend the night with him in his hotel room during his stays in Baton Rouge. Specifically, emails provided LouisianaVoice by LHC (with the name of the employee properly redacted) show that Tombar asked her to spend the night with him on Feb. 10, 2015, the night before an LHC board meeting.

Even though she was a contract employee, Tombar promised her in his emails that she would be “safe” from layoffs and then asked her again to spend the night with him on April 7, 2015.

Eventually, the woman blocked his calls and filed a formal complaint and asked that she continue working but away from Tombar.

The second woman, an employee of LHC, said she attended a conference in New Orleans on Feb. 7-9, 2015 and that on March 19, she received an email from Tombar saying he would be staying overnight in Baton Rouge and asking her to stay with him overnight in his hotel room, a request she declined.

He repeated the request on April 7 before she sought relief in the form of a formal complaint in which she said she wished to keep her job but to work “away from Mr. Tombar,” the report said.

In one Instagram message provided LouisianaVoice as part of the record, Tombar asked one of the women, “You’re cool with my having a wife at home?”

The report’s conclusion said:

“Inform

  • “Information gathered from claimant interviews as well as a subsequent review of electronic messages sent to both claimants by Mr. Tombar clearly establish a pattern of sexual harassment and hostile work environment. Specifically, Mr. Tombar’s declaration that (the first claimant’s) position would be protected from layoffs while (simultaneously) trying to establish a sexual relationship with her presents clear evidence of quid pro quo sexual harassment. Additionally, the use of sexually explicit content in electronic messages to LHC employees and contractors presents clear evidence of a hostile work environment.”

The report further said the women “should have been more direct and forceful” in putting Tombar on notice “that his advances were unwelcomed and unwarranted, which they acknowledged in their interviews.” At the same time, the report pointed out that the women were fearful of losing their positions because of Tombar’s position as Executive Director and Appointing Authority within LHC.

Attempts to interview Tombar by DOA’s Human Resources Department “to provide him an opportunity to refute and defend those claims” were thwarted when Tombar abruptly resigned his $260,000-a-year position on April 21, the report said.

Tombar was appointed to head LHC after passage of Senate Bill 269 by State Sen. Neil Riser in 2011. The bill, which became Act 408 upon the signature of Bobby Jindal, consolidated three former agencies into one: the Louisiana Housing Finance Agency, the Road Home Corp., and Louisiana Land Trust. That consolidation became effective on Jan. 1, 2012 and Jindal named Tombar to head the new agency shortly after that.

Tombar earned a Bachelor of Arts degree in Government from Notre Dame University and later attended Harvard University’s John F. Kennedy School of Government where he earned a Master in Public Policy degree.

He directed the Road Home Program following Hurricanes Katrina and Rita. Road Home served as the largest single housing recovery program in U.S. history.

LHC currently is house in an elaborate structure on Quail Drive across from the Pennington Biomedical Research Center just off Perkins Road in Baton Rouge. LOUISIANA HOUSING CORP.(CLICK ON IMAGE TO ENLARGE)

The agency has 125 employees and a payroll of more than $7.9 million. Besides Tombar, eight other employees make more than $100,000 per year, according to State Civil Service records.

http://doa.louisiana.gov/boardsandcommissions/viewEmployees.cfm?board=273

In an April 6, 2015, message to one of the women, Tombar said, “Jindal has a claim to my time until 5. Any plans after are negotiable.”

The employee, in an apparent effort to put him off, responded, “Maybe next time.”

In the most explicit message provided by LHC, Tombar sent a message that gave the definition of “sunrise surprise” from the online Urban Dictionary: “To wake someone up at exactly 6 am by having rough anal sex with them.” There was no response to that message.

As for DOA’s pattern of non-compliance with our requests, our attorney has suggested that we pursue criminal charges against Nichols in addition to our civil petitions.

It’s certainly an option we’re keeping open although Attorney General Buddy (or is it Bubba) Caldwell (no relation to the judge) has certainly revealed his reluctance to pursue the interests of the citizens of this state over such mundane matters as public records.

So, it would fall to the East Baton Rouge Parish District Attorney Hillar Moore.

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LouisianaVoice is launching its third fundraiser during the month of May and while past support has been appreciated more than you could ever know, this one has a greater sense of urgency to it than before.

Where the previous fundraisers helped defray the costs of travel and paying for public records, etc., this one will be used for an even more expensive—and more important—endeavor: covering mounting legal costs.

We are currently engaged in a court battle with the Division of Administration (DOA) over DOA’s pattern of delay in complying with the state’s public records laws (R.S. 44:1 et seq.).

To illustrate DOA’s tactics, here is one glaring example:

Last October 14, we made an official FOIA request for information pertaining to the $350 million contract between the Office of Group Benefits and a California company called MedImpact.

Believing DOA was deliberately stalling in complying with our requests, we had a friendly (but unidentified) legislator make the identical request through the House Legislative Services Office. That request was submitted the same day (Oct. 14, 2014) as our request.

On Oct. 21, 2014, we received the following response to our request:

  • Pursuant to your public records request, we are still searching for records and/or reviewing them for exemptions and privileges. Once finished with the review process, all non-exempt records will be made available to you. It is estimated the records will be available on or before October 31, 2014.

The House Legislative Services Office spokesperson received the following response to its request from DOA two days later, on Oct. 23, 2014:

  • You requested the MedImpact contract, Notice of Intent to Contract, ratings, and recommendations for awarding the contract. Please note the contract contains some proprietary and/or confidential information that has been redacted under La. R.S. 44:3.1. We have scanned these records. They are too large to email, so I can bring a CD over. I heard you’re out of the office. Do you want me to drop it off for you or wait until you get back?

So we were promised the records eight days later than the House Legislative Services Office and while that illustrates a deliberate delay on DOA’s part, it was not completely unreasonable and was hardly a basis for litigation. It didn’t even upset us that DOA would hand deliver the records to the legislature but require that I drive in from Denham Springs to review them.

But the fact is we never received the records—until, that is, after we filed our lawsuit in January of 2015. Once the lawsuit was filed, of course, they were immediately delivered to our attorney’s office—nearly three months after they had been delivered across the street to the legislature.

That was just the most egregious case, but we actually filed our lawsuit on the basis of  shorter but nevertheless unnecessary—and purposeful—delays in compliance with other several other requests.

The records we have requested are for actions by agencies of the state which affect you, the taxpayer. Because most media outlets are concerned with only the surface treatment of news stories, we attempt to pry deeper into the cause and effect aspect of state government—relationships between vendor and vendee, between elected officials and campaign donors, between contributions and contracts and board appointments. In short, we follow the money.

Government in general is uncomfortable with this and this administration in particular abhors scrutiny. That’s why DOA had instituted a deliberate strategy of delay when it comes to complying with our records requests. One former employee of DOA told us that it was common practice for DOA to get the records we request and then simply let them sit in a corner for weeks at a time before finally allowing us to inspect them. This is not the way to build trust between the government and the governed.

And it is not acceptable to us.

That is the reason we filed suit.

Our lawsuit is scheduled for trial this month and no matter which way the judge rules, the decision is quite likely to move to the First Circuit Court of Appeal. It’s that important to us if we lose and apparently, it’s equally important that the administration hide its actions from public examination.

Either way, it has already cost us a lot of money in terms of legal fees. And an appeal is going to cost a lot more. If we win, DOA will appeal in an attempt to make it cost-prohibitive to fight them by forcing us to continue paying legal costs until our resources are exhausted and we allow the case to abandon. That’s what happened with the case of a dentist who was pursuing legal action against the State Dentistry Board. DOA has attorneys on staff being paid with your tax dollars; it’s not costing Kristy Nichols a dime to stay in the game.

That is why we need your help now more than ever.

Please click on the Donate Button with Credit Cards button near the top right part of our web page to donate by credit card.

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Whichever way you choose to contribute, your help in our fight to make state government more transparent and accountable is both needed and appreciated.

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By Robert Burns (Special to LouisianaVoice)

Last May, a political firestorm surfaced on the EBR Parish Metro Council over then-Parish Attorney Mary Roper. Some council members asked Baton Rouge attorney Jack Whitehead to gather evidence. Later, in early September 2014, the Metro Council called a special meeting to discuss Ms. Roper’s termination. That meeting exposed what some leaders described as the complete dysfunction within the parish attorney’s office.

After the council’s special counsel, Murphy Foster, presented the case for Roper’s termination and Roper’s attorney, Wade Shows (Roper’s predecessor as Parish Attorney), presented her defense, EBRP Mayor Pro-Tem Chandler Loupe provided a laundry list of alleged wrongdoing by Roper. In the preceding video link, Loupe goes into great detail. A few of Loupe’s allegations against Roper include:

  • Often working no or very minimal hours even though she was paid as a full-time employee;
  • Failing to ensure that basic functions of the office were being performed, resulting in thousands of DWIs being dismissed and adjudicated properties experiencing a huge backlog;
  • Improperly providing an internally-developed software code to her husband, an information technology expert.

Another employee with the EBR Department of Public Works, Kyle Jones, subsequently attempted to sell the Parish its own software back to it for $500,000 which led to the discovery of Roper’s husband’s actions.

After Loupe made his presentation, a hostile and bitter exchange took place between Loupe and Councilwoman Chauna Banks-Daniel, with two of Banks-Daniel’s colleagues, Donna Collins-Lewis and C. Denise Marcell, becoming so furious with her over remarks she directed at Loupe that they exited the meeting. The council ultimately voted 8-3 to terminate Roper’s employment. Roper’s first lieutenant, Lee Anne Batson, assumed the position on an interim basis.

Several sources have expressed their concerns to LouisianaVoice that the selection process for the council naming Roper’s replacement is a sham. They claim the “fix has been in from day one” for Batson to obtain the position on a permanent basis. These sources have indicated that the process will become “Mary Roper, Chapter Two,” and they say morale within the parish attorney’s office is worse under Batson than it was under Roper. Further, these sources have said that the few dedicated attorneys serving in the office are frustrated that Batson has even worse supervisory skills than Roper and permits the majority of attorneys who work under her to “goof off most of the days on their iPHONEs and iPADs looking at new cooking recipes and other mindless activities.” These attorneys also have private practices and spend their time between “two masters,” thus placing the public in an inherent conflict.

It was that very office management style that permitted the huge backlog of DWIs to pile up which went unprosecuted and which had to be dismissed. Loupe, in the video clip, said one of the things that frustrated him most was for Shows, with whom he used to practice, to assert that no harm was done by Roper’s managerial style. Loupe countered that, beyond the stockpile of DWIs and adjudicated properties, in one instance which was particularly galling, the City of Baton Rouge was sued. The parish attorney’s office never provided a defense for the suit, refused a $20,000 settlement offer, and the result was a $550,000 judgment. Several attorneys said they felt that even a token defense would have resulted in the City not having been found liable. The attorney responsible for that case, Rick Nevels, recently retired.

Another indication of inadequate oversight occurred when Assistant Parish Attorney James Hilburn, failed to file an answer in Federal Court. Federal Court Judge Brian Jackson, who presided over the case, was livid at Hilburn’s failure and Hilburn was also reprimanded by the Louisiana State Supreme Court for filing a lawsuit for defamation against a party who had filed a complaint against him with the Office of Disciplinary Counsel.

The private-practice attorneys with whom LouisianaVoice has consulted for this article agree that, of the Parish Attorney’s $7.37 million budget, around $800,000 – $1 million of taxpayer funds could be saved simply by insisting that attorneys in the office perform their jobs. One source familiar with the Parish Attorney’s operations said, “The problem is most of them simply want free money with health insurance and a lucrative retirement as they engage in their private practice. They want the check, but they don’t want to work for it. Taxpayers have a right to expect that people are paid to perform a job and not to let things fall through the cracks while cookbook recipes are discussed all day.”

Loupe’s investigation revealed that one attorney was paid $89,000 for a year yet worked only eight files during that year. Another was found to be part-time yet paid $127,000 for working 23 active files. Additionally, Batson is permitting her sister-in-law, Gwen Brown to collect $85,000 as a full-time Assistant Parish Attorney while simultaneously earing $96,000 a year as a supervising attorney for another public agency, the Louisiana Appellate Project, which represents indigent criminal defendants who file appeals to the Louisiana Courts of Appeal and Louisiana Supreme Court. Roper never raised any concern because Roper, who supervised Brown, also earned $56,000 annually as a brief writer for the Louisiana Appellate Project. Similarly, Batson is not expected to interfere with her sister-in-law’s collecting $181,000 a year from the two positions, plus retirement benefits and health insurance. Moreover, all inquiries of whether these setups entail dual office holding have been summarily brushed aside.

It’s not as if these arrangements haven’t been reported. In this July, 2014 Advocate article, Assistant Parish Attorney Tedrick Kinghtshead is cited as maintaining a demanding criminal defense practice, while working full-time with the parish attorney’s office. These arrangements have raised the obvious question of potential conflicts of interest.

Each private-practice attorney consulted for this article said that maintaining an accurate tabulation of hours worked on a given client’s casefile is critical and that it would be unthinkable for any attorney to practice and not maintain such an accurate log. Nevertheless, there appears to be zero accounting for time on cases within the Parish Attorney’s Office. One private attorney described the present operations of the office as being nothing short of “irresponsible and a slap in the face to the taxpayers.” Another said that the parish attorney’s office should maintain a bank of briefs, but no such bank is maintained by the office.

Several sources have predicted that the process for choosing Roper’s successor is a mere formality and that Batson has the position locked up and that Batson has fired attorneys on her staff and replaced them with friends of members of the selection committee (the composition of which is outlined in these minutes of their April 6, 2015 meeting) who have indicated their quid pro quo support of Batson.

Roper and Hilburn, meanwhile, seemed to have landed on their feet. Both are now employed by Shows’ office. Shows serves as Attorney General Buddy Caldwell’s campaign treasurer for this fall’s AG race. Further, in a report by WWL in New Orleans, Shows was identified as a huge beneficiary of Caldwell’s propensity to award lucrative multi-million-dollar contracts to his close friends and associates. LouisianaVoice readers may also recall Shows Cali attorneys, including Shows himself, came within an inch of receiving sanctions in the Angola prisoner lawsuit for a “lack of candor” (a polite phrase for lying) to Federal Judge Brian Jackson.

The EBR Parish Council is set to discuss the status of the selection of Roper’s replacement at Wednesday’s (April 22) meeting; however, if LouisianaVoice sources are accurate, the two other finalists, Lon Norris and Michael Adams, are only in the mix for public consumption purposes. Further, the selection committee deemed “unqualified” two private-practice attorneys, Jack Whitehead and Jerry Pepper, who received the highest possible rating (AV) from Martindale-Hubble, an attorney peer review rating agency. Whitehead and Pepper’s piers have placed their legal ability in the top ½ of 1% of attorneys in the United States. The votes are reportedly in and accounted for to anoint Batson as the new Parish Attorney and thereby continue the time-honored style of “good ol’ boy” politics that got the office in the position in which it finds itself today.

 

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JINDAL STATE OF THE STATE ADDRESS(FROM OUR ANONYMOUS CARTOONIST: CLICK ON IMAGE TO ENLARGE)

If there was any lingering doubt that Bobby Jindal has been committing payroll fraud, that doubt was erased in last Monday’s State of the State address to legislators at the opening of the 2015 legislative which, thankfully, will be his last such address.

Fraud is defined as:

  • The wrongful or criminal deception intended to result in financial or personal gain;
  • Deceit, trickery, or breach of confidence perpetrated for profit or to gain some unfair or dishonest advantage;
  • A person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.

Payroll fraud is further defined as the unauthorized altering of payroll or benefits systems in order for an employee to gain funds which are not due. The person making financial gain could be the employee or could be an associate who is using the employee to commit the fraud while taking the funds for himself.

There are generally three types of payroll fraud but for our purposes we are interested in only one:

  • Ghost employees—A person, fictional or real, who is being paid for work he does not perform. In order for the fraud to work the ghost employee must be added to the payroll register. If the individual is paid a monthly salary this is easier for the fraudster, as once this has been set up there is little or no paperwork required. In order for the fraud to work, the ghost employee must be added elected to the payroll register. Once this has been set up, there is little or no paperwork required.

Under that definition, Jindal could certainly be considered a ghost employee. One person even suggested that it was not really Jindal speaking to legislators, that Jindal was actually in Iowa and they were being addressed by a hologram.

We maintain that Jindal is committing payroll fraud by vacating the state so often and leaving the details of running the state to appointed subordinates as inexperienced and naïve as he. The point here is this: No one on his staff was elected; he was. And he has not been at the helm of the ship of state and by absenting himself so frequently and so consistently as he gins up his presidential candidacy, he is committing payroll fraud, theft, and malfeasance. Others, like former Desoto Parish School Superintendent and Board of Elementary and Secondary Education member Walter Lee have been indicted and been prosecuted for payroll fraud.

Before we really get into his speech to legislators, JINDAL ADDRESS TO LEGISLATURE we simply must call attention to the feeble effort at humor he (or someone) injected into the third line of his speech:

“Well, here we are…at the moment that some of you have been waiting for a long time—my last state of the state speech.”

After an apparently appropriate pause, he continued: “No, that was not supposed to be an applause line…and I do appreciate your restraint.”

Seriously? You actually wrote that line in your speech? If you have to write that in, if you are incapable of ad-libbing that simple line, then we now understand that idiotic response to President Obama’s State of the Union Address in 2009.

Before getting to the real meat of his legislative agenda for this year (if you can call it that), he touched ever-so-lightly on a few other points he generously referred to as his administration’s accomplishments. Our responses to each point are drawn directly from statistics provided by 24/7 Wall Street, a service that provides a steady stream of statistical data on business and government:

  • “We cleaned up our ethics laws so that now what you know is more important than who you know.” (A quick look at the appointment of Troy Hebert as director of the Office of Alcohol and Tobacco Control after the baseless firing of Murphy Painter could quickly debunk that bogus claim. So could several appointments to the LSU Board of Supervisors and the equally egregious firing of key personnel like Tommy Teague who did their jobs well but made the fatal mistake of crossing Mr. Egomaniac.)
  • “We reformed our education system…” (Louisiana is the fifth-worst educated state and we are the third-worst state for children who struggle to read);
  • “We reformed our health care system…” (Really? Is that why the privatization of our state hospitals remain in turmoil? That same reform ultimately forced the closure of Baton Rouge General Mid-City’s emergency room because of the overload brought on by the closure of Earl K. Long Hospital? Can we thank your “reform” for the fact that Louisiana still has the nation’s third-lowest life expectancy rate or that we enjoy the nation’s third-most unhealthy rating, that we are fifth-highest in cardiovascular deaths or that we have the highest obesity rate in the nation?);
  • “…Our economy is booming.” (Seriously? Louisiana is rated as the worst state for business in the U.S.; we rank sixth-highest among states where the middle class is dying; we remain the eighth-poorest state in the nation with a poverty rate that is third-highest, and we’re saddled with the fourth-worst income disparity in the nation and we’re rated the 10th-worst state in which to be unemployed.);
  • “We have balanced our budget every year…and have received eight credit upgrades.” (This one of those claims so preposterous one doesn’t know how to respond, but we’ll give it our best. Jindal has repeatedly patched budget holes by skimming funds from other agencies, like more than $400 million from the Office of Group Benefits reserve fund, from the sale of the tobacco settlement, from ripping funds for the developmentally disadvantaged (to fund a race track tied a political donor—what was that line again about “what you know, not who you know”?), by cutting health care and higher education, by selling state property, and now he’s trying to cover the current $1.6 billion budget hole by selling the State Lottery. As for those credit upgrades, we can only point to the February action by Moody’s and Standard & Poor’s bond rating agencies to move the state’s credit outlook from stable to negative—and to threaten the more severe action of a downgrade.);
  • “The end result is a stronger, more prosperous Louisiana for our children. I measure Louisiana’s prosperity not by the prosperity of our government, but by the prosperity of our people.” (So, why are the fifth-most dangerous state in the nation? The 10th-most miserable state? Why do we have the eighth-worst quality of life? And the 11th-worst run state in the nation? And why have you never once addressed in your seven-plus years in office our ranking as the number-one state in the nation for gun violence or our ranking as first in the world for our prison incarceration rate?)
  • “We don’t live by Washington’s rules of kicking our debts down the road.” (For the love of God…);
  • “We have laid out a budget proposal that seeks to protect higher education, health care and other important government functions.” (And that’s why higher education and health care have been cut each of your years in office and why more cuts are anticipated that could conceivably shut down some of our universities. You really call cuts of up to 80 percent “protecting” higher education?);
  • “We have a system of corporate welfare in this state.” (Wow. After more than seven years of giving away the store to the tune of billions of dollars in corporate tax breaks, you finally come the realization that perhaps your generosity to the Wal-Marts, chicken processing plants and movie production companies may have been a bit much—that those policies may have actually hurt the state? What brought about this sudden epiphany? Bob Mann, in his Something Like the Truth blog, was all over that when he called attention to Jindal’s latest comment in the face of his claim a couple of years ago that we were “crushing businesses” with oppressive taxes. We’ll let him take this one.) http://bobmannblog.com/2015/04/17/bobby-jindal-is-now-against-corporate-welfare/
  • “We have identified over $500 million of corporate welfare spending that we think should be cut…” (Why the hell did it take you seven years?)

After all was said and done, after his hit-and-run sideswipes at all his purported “accomplishments,” Jindal devoted the bulk of his address to only two issues: Common Core and religious liberty. Of the latter issue, he said, “I absolutely intend to fight for passage of this legislation.”

Jindal was referring to Bossier City Republican State Rep. Mike Johnson’s HB 707 which would waste an enormous amount of time and energy—time that could be better spent on far more pressing matters, like a $1.6 billion deficit—on preventing the state from taking “any adverse action” against a person or business on the basis of a “moral conviction about marriage.”

Despite claims by Jindal and Johnson to the contrary, the bill is nothing more than a clone of the Indiana law that constitutes a not-so-subtle attack on gays or anyone else with whom any businessman deems a threat to his or her definition of marriage.

So, after eight addresses to the legislature, Jindal has yet to address any of the issues like inadequate health care, violence, poverty, pay disparity or equal pay for women, increasing the minimum wage, poor business climate (his rosy claims notwithstanding), our highway system (we didn’t mention that, but we are the seventh-worst state in which to drive, with the 15th-highest auto fatality rate), or our having the highest incarceration rate in the world.

Instead, the thrust of his address is aimed at Common Core—he called it federal control even though Common Core was devised by the nation’s governors and not the federal government—and something called the “Marriage and Conscience Act.”

And he expects those two issues, along with something he calls “American Exceptionalism,” to thrust him into the White House as leader of the free world.

And, of course, attacking national Democrats like Obama and just today, Hillary Clinton, on her claim of having immigrant grandparents. Jindal, of course, wants exclusive rights to that claim and says so with his oft-repeated platitude: My parents came to this country over 40 years ago with nothing but the belief that America is the land of freedom and opportunity. They were right. The sad truth is that the Left no longer believes in American Exceptionalism.”

Well, to tell the truth, if Bobby Jindal is the example—the standard-bearer, if you will—for what is considered “American Exceptionalism,” then frankly, we don’t believe in it either.

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