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Archive for the ‘Transparency’ Category

Education Superintendent Paul Pastorek learns a lesson in humility

Posted in Education, Governor's Office, House, Senate, Legislature, Legislators, Transparency on April 22, 2011| 3 Comments »

State Superintendent of Education Paul Pastorek recently got a lesson in humility, in timing, and, most important, in how not to B.S. a legislator when testifying in committee hearings.

It all occurred on Thursday, April 7, in an otherwise routine testimony before the House Appropriations Committee and Pastorek came away with proverbial egg all over his lawyerly face.

Near the end of his testimony, committee Chairman Jim Fannin (D-Jonesboro), in an otherwise cordial exchange about Recovery School District (RSD) business, asked, “Are you waiting for a new RSD superintendent to help?”

Pastorek answered in the affirmative.

“When do you expect to have a new superintendent?” Fannin asked.

“I expect to have one this week if I can possibly have one.”

“So, you indicated earlier that you didn’t have one but you expect to have one?”

“That’s correct,” Pastorek said. I’ve got to get State Board (Board of Elementary and Secondary Education) approval and I’m working to set that up. In fact, I have it on the agenda for Friday.”

The only problem with Pastorek’s answer was that he had already chosen a replacement for RSD Superintendent Paul Vallas and Fannin knew it.

In fact, Pastorek himself had announced the previous day, April 6, that John White, deputy chancellor of the New York City Department of Education would succeed Vallas.

Moreover, at the very time he was testifying on April 7, Pastorek’s Department of Education public information office was issuing a department press release announcing White’s appointment. The press release even quoted Gov. Bobby Jindal, U.S. Sen. Mary Landrieu, her brother, New Orleans Mayor Mitch Landrieu, Dr. Norman Francis, president of Xavier University of Louisiana in New Orleans, and Michael Lomax, president and CEO of the United Negro College Fund.

The press release, under the heading, “State and local leaders endorse John White as next RSD Superintendent,” read as follows:

BATON ROUGE, La – Less than 24 hours after State Superintendent of Education Paul Pastorek announced his pick to lead the state-run Recovery School District (RSD), an impressive list of state and local leaders is lining up to express their support for Pastorek’s selection. In making their endorsements, these officials join U.S. Secretary of Education Arne Duncan, who yesterday praised the selection of John White. White, who began his career in education as an English teacher in a high-poverty school in New Jersey, is currently serving as Deputy Chancellor of Talent, Labor and Innovation for New York City, the nation’s largest school system.

Governor Bobby Jindal: “It’s a testament to Louisiana’s commitment to bold and innovative education reform that we’re able to attract talented public servants like John White to come to Louisiana and help move our education system forward. John is well qualified and we’re eager to work with him and Superintendent Pastorek to advance the Recovery School District and continue to improve educational opportunities for our children.”

U.S. Senator Mary Landrieu: “Citizens and groups across New Orleans are actively engaged in creating a model of education that gives every student the opportunity to attend a world-class school. Nothing is more paramount to achieving that vision than identifying a leader who is genuinely committed and capable of partnering with diverse groups inside and outside the education community to improve our schools and support the academic success of our children. I’m convinced wholeheartedly that John White can and will work with us to succeed in meeting these objectives, not only in New Orleans, but in RSD schools across the state.”

New Orleans Mayor Mitch Landrieu: “John has an impressive record and comes highly recommended. In New Orleans, we have the opportunity and responsibility to create a 21st century system of schools where every child can attain a world-class education that prepares them for college and work. I look forward to working closely with John as we continue building on our recent progress in New Orleans.”

Dr. Norman Francis, President, Xavier University of Louisiana: “Each step towards the future of education in Louisiana must be bold and aggressive if we are to dramatically improve our children’s lot, and move Louisiana from the bottom of academic achievement ratings. John White’s skills are highly regarded, and he will be a valuable asset in helping move the RSD vision forward. He has my support and the support of the entire Xavier University Community.”

Michael Lomax, President and CEO of United Negro College Fund: “The appointment of John White is good news for New Orleans students, parents, and teachers—indeed for everyone who cares about giving children the top quality education they deserve and that the New Orleans community needs them to have. New Orleans has made great strides in the past few years, but challenging work and difficult choices lie ahead. While each city and each school system is unique, the experience and lessons-learned that John White brings from his role in New York’s transformative school reform program is just the preparation he needs to lead New Orleans’ schools.”

Tomorrow, the Board of Elementary and Secondary Education (BESE) will consider whether to authorize the State Superintendent of Education to appoint the next leader of the RSD.

On Friday, a press conference to formally introduce White will be held at 1 p.m. at Andrew Wilson Charter School in New Orleans.

Fannin allowed Pastorek to dig himself a sufficient hole before springing his trap. “It’s all over the news that one’s been selected and….you look surprised.”

“I’ve been working on selecting one for about eight months,” Pastorek said, less confident now.

“And you sit here today, under oath, telling us that you didn’t know that one was hired and that….”

“I haven’t hired anybody,” Pastorek protested. “I can’t hire anybody until the board approves it on Friday.”

“So you weren’t willing to share that you had made the selection? I think those questions were asked,” Fannin said.

“No, I don’t think that question was asked,” Pastorek said. “What I’ve been trying to do, Mr. Chairman, is, I’ve been trying to report to all my principals what my plan is to do. And I’m trying to get buy-in and support, trying to communicate to my people about that.”

“The way to get buy-in is to come to this committee and be forthcoming, forthright, with information about all you know,” Fannin admonished him. “I’m going to look you pretty straight and I have to tell you I don’t think that’s been (done)…. today.”

Another way to get buy-in is to not issue premature press releases. It’s just tacky.

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Got promised? Weighing the words of candidate Jindal vs. actions of governor Jindal: a study in deliberate deceit

Posted in Civil Service, Education, Governor's Office, House, Senate, Layoffs, Legislature, Legislators, OGB, Office of Group Benefits, Teague, Transparency on April 22, 2011| 7 Comments »

Perhaps this should be filed under “How Soon We Forget,” or maybe it shouldn’t be remembered at all because of the bitter irony it invokes. Either way, we felt a little reminder of campaign promises past might give you an insight into political realities present and future.

Candidate Bobby Jindal had an interesting campaign flyer in the last gubernatorial election that someone found and sent to LouisianaVoice.

It’s all about how touchy-feely he was about state employees. It’s almost enough to give you a warm fuzzy if it weren’t for the foreboding chills it invokes when one considers that his real motivation is not the welfare of state employees or even the citizenry of this state, but the consolidation of his own political power base.

While state employees are being laid off and in some instances, as in the case of Office of Group Benefits CEO Tommy Teague, fired outright, Jindal continues to campaign weekly outside the borders of Louisiana, adding more and more to a campaign war chest already crammed with more than $10 million.

When he campaigns in California, New York, Texas, and elsewhere, the costs of those trips—including flight costs, hotel accommodations, meals, and security detail (state police who accompany him on each and every trip)—are not reimbursed to the state by the Republican Party. They are borne by Louisiana taxpayers. And lest you thought he travels alone, rest assured he takes staff members with him on those jaunts. When George Bush campaigned for a second term and when Barrack Obama campaigns, the costs were—and are—reimbursed by their respective national parties.

All his hopping from fundraiser to fundraiser at out-of-state venues must surely raise the question: just why is someone in California or Wisconsin or Montana so vitally interested in a governor’s race in Louisiana? That’s the question voters must ask themselves when they enter the polling booth next fall.

It’s a good bet that laid-off state employees or employees of agencies that Jindal has privatized or plans to privatize will be asking.

It’s a certainty that employees with serious health issues would like to know why they stand to lose their health benefits after years of loyal service, some of whom even fell for Jindal’s “love of state employees,” pitch and voted for him—not once, but twice—for governor.

Here, then, are the verbatim contents of that long lost (at least he must wish it was lost) flyer that, with any justification, will bite him in the backside next fall:

As a former state employee, I know firsthand how important it is that we protect state employees and state retirees.

I have served the state as Secretary of the Department of Health and Hospitals and as President of the University of Louisiana System.

My mother has been a state employee for three decades. I know that she and the thousands of people who serve our state at every level dedicate themselves on a daily basis to ensuring that Louisiana is moving forward, and I strongly believe that we must support these workers in their efforts.

As my campaign for Governor continues to intensify, I expect that some people will begin to spread false rumors about the future of state employees under my Administration.

I wanted you to hear it from me that I will be a friend and supporter of both state employees and retirees.

Any statements to the contrary are simply false.

I am committed to bringing more jobs and more economic opportunities to Louisiana, and I want to see state workers and retirees supported for the work they do.

In addition, I have been a vocal supporter in Congress of legislation to protect state employees and retirees from unfair Social Security provisions, specifically, the Government Pension Offset (GPO), which lowers the dependent benefits a state employee with a spouse working in the private sector receives through Social Security, and Windfall Elimination Provision (WEP), which penalizes public school teachers and state workers who have second jobs.

I am a co-sponsor of the Social Security Fairness Act (H.R. 82) in the U.S. House of Representatives, which would repeal both the GPO and the WEP.

I do not believe we should punish people for working, and certainly do not believe teachers and state workers in Louisiana should be singled out for penalty.

These men and women work incredibly hard to ensure a bright future for our state and our children, and they deserve to receive adequate Social Security benefits.

My mother is a state agency employee and I myself have paid into the State Teachers Retirement System, so I know firsthand how unfair these provisions are to state workers. I fully understand the importance of rectifying this problem so state workers and teachers are not unfairly penalized for their service.

I commit to you that I will continue to fight to protect all Louisiana workers as Governor of Louisiana.

There you have it. The words in that flyer certainly take on a hollow ring today. We have only one word for Gov. Jindal and his promises: pandering. By any definition, it’s pandering in the sorriest sense of the word. Does anyone remember Jindal’s uttering a single word as governor about the GPO or WEP? Didn’t think so.

Has anyone heard a single encouraging word from him to state employees. No? Hmm.

Does any remember another campaign promise to block any attempt by legislators to give themselves a pay increase? Probably not, but he certainly did, in another flyer like the one quoted above. Yet, what did he do when they voted for a 123 percent pay raise back in 2008? He said he would not veto the pay hike. Only when he was swamped with public outcry such that his email literally shut down, did he finally acquiesce and veto the action.

Turn your attention away from the NBA playoffs and LSU and Saints football long enough to do your homework. Weigh what he says against what he does. Consider the contracts handed out to donors to his wife’s foundation. Think about the motive behind his interstate campaign trips. Look below the surface for his real reasons for wanting to privatize so many state agencies and find out who is getting the contracts for those agencies. Most of all, try to put yourself in the place of that state employee who, facing grave health issues, finds himself on the street.

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First, there’s no report; then, the report is not finalized; DOA just can’t seem to keep its Chaffe stories straight

Posted in Governor's Office, OGB, Office of Group Benefits, Transparency on April 18, 2011| 3 Comments »

The Division of Administration (DOA) has for the third time denied the existence of a report from a New Orleans company. The third denial, however, was more ambiguous than the previous two, stopping just short of saying outright that it does not exist, instead saying the report “has not been finalized and sent to the Division of Administration.”

At the same time, the Louisiana District Judges Association (LDJA) has made good on its decision of two weeks ago to adopt a resolution in opposition to Gov. Bobby Jindal’s proposed privatization of the Louisiana Office of Group Benefits (OGB).

DOA also used somewhat confusing language in denying a request to provide the names of four representatives of Goldman Sachs who met with OGB and DOA officials last fall.

“The Public Records Law does not require the creation of new records to respond to a request,” General Counsel Lesia Batiste said in an April 18 letter emailed to CNS. “Therefore, the Division of Administration has no record which is responsive to this request.”

CNS, in its request, never sought records, only the names of the four Goldman Sachs representatives.

While DOA would not even acknowledge that such a meeting took place, Tommy Teague, who was fired as OGB’s CEO last Friday, said the meeting did indeed take place. “I was called downtown and wasn’t even told why they wanted to see me. When I walked into (Deputy Commissioner of Administration Mark) Brady’s office, there were four Goldman Sachs representatives from New York sitting there,” Teague said.

Chaffe and Associates of New Orleans was contracted to work up last minute figures on OGB for Jindal to plug into his proposed budget in time for its release on March 19. That contract was for $49,999.99—one penny less than the minimum amount requiring approval of the Office of Contractual Review.

In her letter to Capitol News Service, Batiste also said, “The Division has previously provided you the contract, billing documents, and all other supporting documents pursuant to your prior requests.”

In fact, DOA has provided CNS only a single copy of the Chaffe contract. No billing documents or “other supporting documents” were ever provided.

The resolution opposing OGB’s sale was accompanied by a cover letter to Rep. James R. “Jim” Fannin (D-Jonesboro), chairman of the House Appropriations Committee and chairman of the Joint Legislative Committee on the Budget (JLCB) and to Sen. Michael J. “Mike” Michot (R-Lafayette), chairman of the Senate Finance Committee and vice-chairman of the JLCB with copies also sent to Gov. Jindal and Louisiana Supreme Court Chief Justice Catherine “Kitty” Kimball.

The letter, signed by LDJA President Judge Sharon Marchman of the Second Judicial District (Ouachita and Morehouse), said that the association’s membership learned of Jindal’s wishes to auction OGB at the LDJA annual spring judges conference in Lafayette on April 7.

“Because of the lack of details available, as well as the importance of keeping employee and employer health insurance costs as stable as possible, the members of the LDJA voted unanimously to oppose any effort to privatize OGB,” the letter said.

State district judges, like all state employees, are eligible for health insurance benefits through OGB.

“While district judges understand the fiscal challenges currently facing state government, the LDJA is also concerned with any plan to change health insurance plans for our members, their dependents, and all state employees,” Judge Marchman said in her letter.

“OGB has kept rates relatively stable over the years while keep(ing) overall administrative rates low. At a minimum, the LDJA is requesting more time to examine the administration’s proposal as well as a full vetting of such enormous changes through the legislative process, including consideration of a legislative instrument.

“Only through a transparent and open process and careful consideration of the proposal’s effect on all employees will the members of LDJA reconsider its position of full opposition to the proposal,” Judge Marchman said.

Jindal has repeatedly touted his administration as “transparent and open.”

The resolution also said that the proposed sale may eliminate as many as 150 jobs at OGB and “there have been no assurances that the sale would not unduly increase health insurance rates or reduce benefits for thousands of state employees and their dependents.”

Below is the full resolution passed by the LDJA:

RESOLUTION

OF

THE LOUISIANA DISTRICT JUDGES ASSOCIATION

WHEREAS, like all state employees, district judges in Louisiana are eligible for health insurance benefits through the Office of Group Benefits, Division of Administration;

WHEREAS, in a presentation of the Executive Budget on March 11, 2011 to members of the Legislature, Commissioner of Administration Paul Rainwater stated the Governor’s preference to sell the PPO and HMO plans currently administered by the Office of Group Benefits to a private health insurer who would then be directly responsible for administering the plans for the benefit of state employees;

WHEREAS, the proposal may eliminate as many as one hundred and fifty Louisiana-based employees of the Office of Group Benefits;

WHEREAS, there have been no assurances to district judges or others that the proposal would not unduly increase health insurance rates or reduce benefits for thousands of state employees and their dependents;

WHEREAS, the Office of Group Benefits has kept administrative costs low and provided professional and courtesy service to state employees;

WHEREAS, in past years, efforts to reform health insurance benefits for state employees were only followed after careful studies and consideration of all the effects;

NOW, THEREFORE, BE IT RESOLVED that the members of the Louisiana District Judges Association express their opposition to the Governor’s proposal to privatize the Office of Group Benefits and that, at a minimum, the Governor and the Legislature should carefully study privatization proposals before taking action.

BE IT FURTHER RESOLVED that this Resolution be inscribed in the minutes of this Association and that a copy of this Resolution be sent to Chairs of the House Appropriations Committee and Senate Finance Committee and Governor Jindal.

s/ Sharon Marchman
Judge Sharon Marchman, President

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Conflict? What conflict? The charter school blitzkrieg

Posted in BESE, Charters, Education, Ethics, Transparency, Uncategorized, Vouchers on April 17, 2011| 6 Comments »

Chas Roemer could be in violation of state ethics laws governing conflicts of interest every time he votes on any matter coming before the Board of Elementary and Secondary Education (BESE) pertaining to any of the state’s charter schools.

Roemer, the son of former Gov. Buddy Roemer, represents BESE District 8 which includes all or parts of the parishes of Avoyelles, Evangeline, Lafayette, St. Landry, Pointe Coupee, East and West Feliciana, East and West Baton Rouge, Iberville, Ascension, St. James, and St. John the Baptist parishes.

He is the former co-chair of the School Innovation & Turnaround Committee which addresses charter school performance and oversight and which also manages the Recovery School District (RSD) in New Orleans.

Louisiana’s Charter School Law was enacted as Act 192 of 1995 as a pilot program to allow up to eight school districts to participate on a voluntary basis. The law was expanded in 1997 by Act 477 to establish BESE and local school board as charter authorizers. Act 477 defined four types of charter schools: Type 1, a charter with local school boards (new start-up); Type 2, charter with BESE (new start-up or conversion:; Type 3, charter with local school board (conversion); Type 4, school board charter with BESE (new start-up or conversion), and Type 5, charter with BESE (pre-existing public school under the jurisdiction of RSD).

In 2003, ACT 9 created a new type of charter for the operation of pre-existing schools that were transferred to the jurisdiction of RSD.

RSD was charged to take underperforming schools and transform them into charter schools. Since Hurricane Katrina in 2005, the number of public schools in New Orleans has dropped from 123 to four while the number of charter schools has ballooned from seven to 31.

Charter schools operate as independent public schools under five-year contracts granted by BESE or a local school board.

Caroline Roemer Shirley, Chas Roemer’s sister is executive director of the Louisiana Association of Public Charter Schools and therein lies the potential for a conflict of interest and possible ethics violations.

Almost a year ago, on April 21, 2010, the Louisiana Board of Ethics issued an opinion at the request of attorney Richard Easterling of the law firm Adams and Reese of Baton Rouge that said Shirley was prohibited from appearing before BESE and from representing the associations in matters before BESE.

A partial text of the opinion reads as follows:

The Louisiana Board of Ethics, at its April 16, 2010 meeting, considered your request concerning Caroline Roemer Shirley’s employment with the Louisiana Charter School Association while her brother Charles Roemer, IV serves as an elected member of the Louisiana Board of Elementary and Secondary Education (BESE). Caroline Roemer Shirley is the Executive Director of the Association.

In 2000, the board concluded that Section 1113A of the code would prohibit Ms. Shirley from discussing with individual members of BESE matters or positions of the Association and that the Code would prohibit Ms. Shirley from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE.

With respect to the following specific questions raised, the Board concluded and instructed me to inform you of the following:

• If the Association and the Louisiana State Director of Charter Schools partner to host a meeting pertaining to the future of the Recovery School District, may the director and Ms. Shirley speak to one another to discuss the date, time, location, invitees, agenda, etc. for this event? May Ms. Shirley speak at such a meeting?

The Code prohibits Ms. Shirley from 1) appearing before BESE; 2) representing the Association in matters before BESE; 3) discussing with individual members of BESE matters or positions of the Association, and; 4) from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE. However, Ms. Shirley is not prohibited from discussing with individual members of BESE or the staff of the Department of Education issues that do not involve matters or positions of the Association on matters that are under the jurisdiction of BESE such as those items involving the incidentals of a planned event.

• When legislation is pending that will have an impact on charter schools, may Ms. Shirley bring charter school leaders together for discussions with BESE and/or the Louisiana Department of Education (LDE) on these matters?

Ms. Shirley is not prohibited from contacting charter school leaders for discussions with BESE and/or LDE on pending legislation. However, she is prohibited from discussing with individual members of BESE matters or positions of the Association involving the proposed legislation and from interacting with the staff of the Department of Education on issues involving legislation on matters that are under the jurisdiction of BESE.

• May Ms. Shirley be a member of and participate in a Charter Advisory Board created to work with and provide the Superintendent of Education, the Louisiana Recovery School District Superintendent and/or the Louisiana State Director of Charter Schools information on matters involving charter schools? This Advisory Board would be a volunteer group of charter leaders representing all five types of charter schools that would meet every other month.

Ms. Shirley is not prohibited from being a member of a Charter Advisory Board created to work with and provide the Superintendent of Education, the RSD Superintendent and/or the Louisiana State Director of Charter Schools information on matters involving charter schools. However, she is prohibited from discussing with individual members of BESE matters or positions of the Association involving those matters and from interacting with the staff of the Department of Education on issues involving matters that are under the jurisdiction of BESE.

• As Executive Director, may Ms. Shirley organize and participate in charter school meetings, bringing together the principals and board members of the charter schools to hear from the Superintendent of Education, the Louisiana Recovery School District Superintendent and the Louisiana State Director of Charter Schools? Such meetings would serve as a means for the charter schools to be both better informed about policies and regulations, as well as having the opportunity to discuss other related issues.

Ms. Shirley is not prohibited from organizing and participating in charter school meetings as long as she does not discuss with individual members of BESE matters or positions of the Association and does not interact with the staff of the Department of Education on matters that are under the jurisdiction of BESE.

• If Ms. Shirley is invited by the LDE, BESE or the RSD to attend workshops, meetings, discussions, etc. that pertain to charter schools, may she attend and participate in these meetings, such as a meeting with the RSD hosted for principals and board members of the charter schools and the staff from BESE to discuss Bulletins that outline policies regulating charter schools.

Ms. Shirley is not prohibited from attending workshops, meetings, discussions, etc. that pertain to charter schools. However, she is prohibited from participating in the discussion and her participation in those events are restricted by the Board’s conclusions in BD 2008-122 prohibiting her from 1) appearing before BESE 2) representing the Association in matters before BESE 3) discussing with individual members of BESE matters or positions of the Association, and 4) from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE.

• As one of the leading advocates for charter schools in the state, Ms. Shirley is often called by the Superintendent of Education, the Louisiana Recovery School District Superintendent, BESE members, BESE staff, and LDE staff to provide information about charter schools, contact information for national charter leaders, best practices of other states, etc. May she respond to these requests?

Ms. Shirley is prohibited from discussing with individual members of BESE matters or positions of the Association and from interacting with the staff of the Department of Education on matters that are under the jurisdiction of BESE. It is the conclusion of the Board that Ms. Shirley is prohibited from handling these type of requests for information.

While that opinion addressed only Caroline Shirley’s interaction with BESE members, there have been numerous opinions by the Ethics Board that cite Section 1112B(1) which specifically addresses the participation of a public service or elected official in a vote on any matter “in which a member of his immediate family has a substantial economic interest. Section 1120 of the code provides that an elected official shall recuse himself when the vote would be a violation of Section 112 of the code.

A review of minutes of BESE meetings over the past year reveal that Chas Roemer consistently made motions on agenda items dealing with charter schools and then voted on each one.

In December of 2010 alone, he made motions to approve charter school contracts of $50,000 and under, made motions to approve Crescent City School, the NET Charter High School, the Collegiate Academy Charter School, the Sarah T. Reed Charter Middle School, the ReNEW K-8 Charter School, the ReNEW Alternative High School, and in one case, made the motion to deny an application to commence operation of Joseph A. Craig charter school in New Orleans.

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No dissent allowed: DOA trying to block access to our posts

Posted in Governor's Office, Teague, Transparency on April 16, 2011| 5 Comments »

The Division of Administration (DOA), apparently unhappy with frequent posts here that have exposed some of the questionable tactics of the Jindal administration, have attempted to block state computer access to LouisianaVoice.

Never mind eBay.com, amazon.com, Drudge Report, solitaire games, news sites, and all those other internet pages that employees access on a regular basis. Just don’t dare read anything on louisianavoice.com because it doesn’t parrot the Jindal administration party line.

Only one problem with the blocking strategy: it won’t stop those who want to find out what’s really going on in state government.

Louisianavoice.com, after all, is the place to go to read about state government waste of hundreds of millions of dollars—while the administration poor-mouths about deficits and revenue shortfalls.

It’s the place to go to read about just about anything the administration would rather you didn’t know.

But wait. As long as you have a free subscription to louisianavoice.com, they can block access to the blog all they want but it won’t block your access to our posts.

Whenever a new story is posted, subscribers automatically receive an email that contains the complete text of the post.

So all you have to do is access your home email account to access our posts.

Gee, that’s almost too easy.

They wouldn’t block access to your home email accounts, would they?

Don’t bet on it.

These guys just don’t tolerate dissent.

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