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The case of Prof. Teresa Buchanan and the LSU witch hunt

July 11, 2015 by tomaswell

By Dayne Sherman (Special to LouisianaVoice)

Louisiana higher education has been cut by $750 million and is arguably the state with the worst budget cuts in America.

In addition, Louisiana has more schools on the American Association of University Professors Censure List than any other state. The disgraced schools include LSU, Southern, SLU, Nicholls, and Northwestern.

Recently, Dr. Teresa Buchanan http://www.teresabuchananlsu.com/, an associate professor of education at LSU, was fired. In short, she was accused of using profanity on occasion. Despite never receiving a poor work evaluation in almost 20 years, and not being told exactly when and where and what she said that was so objectionable, and the administration using dubious anonymous student comments to substantiate their witch hunt, she was terminated.

Oh, I failed to mention that the faculty hearing committee said she had done nothing to warrant dismissal, despite the salty language. They called for remediation not termination.

This story, however, is a part of a bigger myth. Some say college professors and K-12 teachers are rarely fired. That’s baloney.

I know dozens and dozens of professors: tenured, tenure track, and instructors that were fired. A few were fired through the formal process, while most others were told to resign (retire) or face termination. I also know hundreds fired by “layoffs.” Not dozens but hundreds. It is constant and very common. Few fight it. They give up and move on, which is often smart.

Typically only tenured professors have access to any due process. Tenure track, lecturers, instructors, staff, and adjuncts are at-will employees with no protection unless they are discriminated against for First Amendment or EEOC-protected reasons (For example, a Jewish woman being fired for speaking out against campus crime would be illegal, tenure or no tenure).

Of course, the victims have to sue—a tall order because the institutions will spend a half a million dollars in state money to fight the suit. Remember LSU’s Ivor Van Heerden after Hurricane Katrina?

In higher education, folks are often given the old “two letter treatment”: sign this letter and willingly resign, or we’ll give you another letter of termination. Most people choose the former, and Human Resources forbids the staff from talking about the departure. Hence, the silence.

Right now, I am not proud that my graduate degree is housed in the http://talkaboutthesouth.com/wp-admin/chse.lsu.edu, which is headed by Dean Damon P.S. Andrew. The college is a joke, and it harms the reputation of LSU as a whole.

At the end of the day, I believe LSU will not prevail in firing Dr. Buchanan. There’s more to it than what is on the surface, more than one person saying a few salty words.

To join the fight, speak up. If you are able, please send a check to Professor Michael Homan, Treasurer, Louisiana State Conference AAUP, 215 S. Alexander Street, New Orleans, LA 70119. Checks made out to: LA State Conference-AAUP. On the Memo line write: “Teresa Buchanan Legal Fund (Academic Freedom).”

Together, we can beat this silly attack on Dr. Buchanan, LSU, and Louisiana.

Dayne Sherman is the author of the novels Zion and Welcome to the Fallen Paradise http://www.amazon.com/dp/B00V0O48T4, both $2.99 ebooks. He blogs at TalkAboutTheSouth.com

(Editor’s note): Dayne’s byline was inadvertently omitted from the original posting. Our apologies for the oversight.

Posted in Higher Education, LSU | 19 Comments »

Civil Service hearing for fired ATC agent continued to Sept. after settlement talks break down; Troy didn’t want us there

July 10, 2015 by tomaswell

Troy didn’t want me there and, as if it might be his rights instead of a subordinate’s that were being violated. “Are the media allowed in here?” he asked, almost pleading.

Assured by the hearing referee that I could stay, he was reminded that it was a public hearing and anyone could attend, including the media.

The referee was presiding over a civil service appeal of the firing of one of the Louisiana Office of Alcohol and Tobacco Control (ATC) agents by agency director Troy Hebert and Hebert clearly did not want the proceedings to become public.

Hell, yes, the media are allowed Troy and you can expect to see a lot of me at the various civil service hearings, EEOC hearings, and court trials currently pending against you. But Troy, I can understand your reluctance to operate in the open and in plain sight.

You probably learned that paranoia from your boss, Bobby Jindal. You know, the two of you are a lot alike in that regard; Bobby likes the furtive style of governing and he likes to fire anyone who doesn’t buy whole hog into his B.S. The problem is, Troy, Bobby (and it really hurts to say this) is a little smarter than you.

And it almost seemed there were as many lawyers as witnesses in the crowded hearing room. But this wasn’t like the O.J. Simson trial, it was a civil service hearing. Nevertheless, Hebert strolled into the hearing room in the W.C.C. Claiborne Building across the scenic but polluted Lake from the towering State Capitol accompanied by not one, not two, not three, not four, but (count ‘em) five attorneys—all paid for not by Hebert but by the good citizens of Louisiana. If I didn’t know better, I’d call that a classic case of overkill.

One of those attorneys was Jessica Starnes, officially Hebert’s “counsel of record.” Starnes served as legal counsel for ATC, a civil service classified position, but on March 30, was appointed to the unclassified position of “advisor,” assigned to the Executive Office (governor), all of which raises the question of how she can be an advisor to the governor and defense attorney for Hebert.

Oh, wait. I forgot. Hebert is the governor’s “legislative liaison,” so everything is tied up in a neat little incestuous knot; Bobby Jindal is apparently joined at the hip by Starnes on one side and Hebert on the other in this sordid mess, interchangeable parts, if you will. Remember the image of a beaming Starnes standing behind Bobby at his announcement for the Republican presidential candidacy? https://louisianavoice.com/2015/06/26/just-when-it-seems-jindal-cannot-get-creepier-viral-video-shows-willingness-to-exploit-his-children-for-political-gain/

But an even more pressing question: now that Starnes is no longer legal counsel for ATC but is the “counsel of record” for Hebert’s defense, will her work be billed to ATC along with the other four attorneys? Or was she on the clock, drawing a salary as the governor’s “advisor,” while arguing on behalf of her former boss in a matter seemingly unrelated to day to day activities in the governor’s office? Did she take leave from her current position to represent Hebert?

There wasn’t much at stake at the hearing, just the career and livelihood of former agent Brett Tingle of Prairieville, fired by Hebert in February—a dismissal carried out by letter delivered to Hingle’s home while he was convalescing from a heart attack.

The reasons for the firing were answered in detail in an 11-page letter from J. Arthur Smith, Tingle’s attorney, on March 10, which indicated the basis of the firing appears to stem from Hingle’s support of several black agents either disciplined or fired by Hebert. To learn more about Hingle’s firing and the response by his attorney, go here: https://louisianavoice.com/2015/03/13/atc-director-troy-hebert-rivals-his-boss-in-cold-hearted-demeanor-fires-agent-who-is-recovering-from-heart-attack/

There isn’t much to report about Friday’s proceedings. Settlement negotiations which were initiated by the referee before the scheduled hearing and which lasted about two hours, were done behind closed doors as is proper. When we were admitted back into the room and the hearing resumed, the referee simply informed us that the hearing was continued until Sept. 1-4.

The fact that no settlement was reached between the two parties could be interpreted as bad news for Troy because he is staring down the barrel of that federal EEOC racial discrimination complaint by three black agents filed almost exactly a year ago after two were fired and a third was transferred from Baton Rouge to Shreveport with no prior notice. https://louisianavoice.com/2014/07/14/forcing-grown-men-to-write-lines-overnight-transfers-other-bizarre-actions-by-troy-hebert-culminate-in-federal-lawsuit/

Hebert, known to require agents to stand and greet him with “Good morning, Commissioner” when he enters a room, who in the past has required agents—grown men and women—to write lines, and who once ordered a female agent to patrol dangerous New Orleans bars in uniform after she had already worked narcotics detail in the same bars in plain clothes, cannot easily afford an adverse civil service ruling prior to the EEOC hearing. That just would not bode well for him.

Hebert, who succeeded Murphy Painter who was fired after being set up by Team Jindal on bogus charges, ostensibly for accessing information on individuals on his state computer, ordered one of his agents to conduct a warrantless background check on me (it turns out I was found to be somewhat boring). Hebert also once boasted to another agent that he could easily have his IT people hack into my computer. https://louisianavoice.com/2015/03/25/hebert-like-bobby-jindal-stumbles-from-one-ill-fated-fiasco-to-another-in-oblivion-and-without-a-trace-of-embarrassment/

So what happened to Hebert after those two little episodes were revealed? Well, he was promoted to Jindal’s legislative liaison, whatever that may entail. We see it as simply a synonym for lap dog. Oh, and he also held a state contract for debris cleanup after Hurricane Katrina—while simultaneously serving in the Louisiana Legislature. No conflict there.

Witnesses were admonished not to discuss the pending Tingle matter with each other or anyone else, including the media. A violation of that dictum, the referee said, could result in disciplinary action, including dismissal from their jobs.

Well, folks, I’m not among the subpoenaed witnesses, I’m already retired, and I can’t be fired.

As the popular ’60s song goes, see you in September, Troy.

 

Posted in ATC, Civil Service, Courts, Ethics, Governor's Office, Lawsuits, Legislature, Legislators, Politicians, State Agencies | 3 Comments »

There’s no explanation for some things: idiotic speed limits on Louisiana highways and disparity at the gasoline pumps

July 6, 2015 by tomaswell

Sometimes we just ride around and see things and wonder how come?

Monday was one of those days.

For 20 years I worked for the Office of Risk Management in the Road Hazards Section. My job was to work with contract or attorney general attorneys in formulating a defense for the multitude of lawsuits filed against the state by motorists involved in accidents.

In many of the cases, it was the driver who was inattentive or driving vehicles in excess of safe speeds or vehicles with worn tires, defective brakes or some other mechanical problem. In short, most of the accidents could have been avoided with a little preventive maintenance or by putting down the cell phone and turning on the headlights at dawn and dusk and during rainfall—and, of course, slowing down in inclement weather.

On the other side of the coin, I handled cases that presented clear liabilities for the state. These included shoulder drop-offs, rutted asphalt roadways that led to water collecting after rains which in turn led to hydroplaning, neglected potholes, missing signs, etc.

Another contributing factor, I believe, is the utter lack of logic by the Department of Transportation and Development in setting speed limits, which brings me to my point.

Driving north on LA. 1019 Monday, I observed speed limit signs of 45 mph. LA. 1019, which is a two-lane road with twists and curves, is nevertheless a major, or primary, roadway in Louisiana and is clearly marked with all the appropriate lines. But when I turned east onto LA. 1024 to cut across to LA. 16, the major north-south artery that slices through Livingston Parish en route to St. Helena, Tangipahoa and Washington parishes, I found myself on an inferior, or secondary, roadway with no fog lines (the white lines along the outer edge of each lane) and little or no shoulders. Inexplicably, the speed limit was bumped up to 55 mph.

The distance along LA. 1024 between the two larger highways is just under a mile and I soon found myself on LA. 16, a modern, four-lane highway complete with a grassy median separating northbound and southbound traffic. The speed limit on this major artery? 45 mph. I don’t question the wisdom of the 45 mph speed limit on LA. 16 or LA 1019. But 55 mph on this narrow road? Insane.

LA 1024LA. 1024 (CLICK ON IMAGE TO ENLARGE)

45 MPH

LA. 16 (CHECK ON IMAGE TO ENLARGE)

If you see irrational sights like this on Louisiana’s highways, take photos and send them along to us and we’ll post them. Be certain to identify the highway numbers and the parishes where they are located.

As if that was not enough, there is the case of the two Murphy Oil convenience stores only 1.6 miles apart near the town of Watson along LA. 16 in Livingston parish.

The first, shown here, was selling regular gasoline for $2.38 per gallon.

MURPHY 1(CLICK ON IMAGE TO ENLARGE)

Just up the road, though was this Murphy’s with gasoline going for $2.44 a gallon.

MURPHY 2(CLICK ON IMAGE TO ENLARGE)

Of course, a motorist purchasing 20 gallons of gasoline would pay a relative paltry $1.20 more for a fill up.

But when considering the total amount of gasoline sold on a given day, the number begins to take significance.  The average convenience store in America sells roughly 125,000 gallons of motor fuel (gasoline and diesel) per month (about 4,000 gallons per day).

Running those numbers, that extra six cents per gallon can run to an additional profit of $7,500 per month or $90,000 per year.

But it’s okay, folks. It’s just big oil trying to eke out a living—and to pay off a few politicians.

 

Posted in Politics | 3 Comments »

Taking a break to address Jindal’s incredulous (Richard Nixon redux) ‘Tanned, Ready & Rested’ campaign slogan

July 2, 2015 by tomaswell

Just a quick update to let readers know I haven’t gone anywhere.

Even though I’ve been immersed in wrapping up my book on the Bobby Jindal train wreck of an administration and his off the wall statements as he descends into obscurity in his quest for the presidency. One of the most absurd things he has said yet (there are so many, it’s difficult to rank them, but advocating elimination of the U.S. Supreme Court is right up there) was that he was “tanned, rested and ready.” He’s even selling T-shirts with that slogan on them—at twenty bucks a pop.

Did the man (or his advisers, Larry, Moe and Curly) even know that was the slogan adopted by the Young Republican national convention in 1987—in support of a 1988 Richard Nixon comeback?

JINDAL T-SHIRT

Did the man (or his advisers, Larry, Moe and Curly) even know that was the slogan adopted by the Young Republican national convention in 1987—in support of a 1988 Richard Nixon comeback?

NIXON T-SHIRT

Yes, the slogan was mostly facetious and coined as a form of protest to the choice of then-Vice President George H.W. Bush to succeed Ronald Reagan, but even so….

And who was assistant treasurer of the Young Republicans that year? Why, none other than Livingston Parish’s very own, Walker, Louisiana, chemical pesticide plant owner Rhett (“I kill bugs and beat Democrats”) Davis, former Executive Director of the Louisiana Republican Party, a delegate to the 2012 Republican National Convention, and a major state supporter of Rick Santorum in that same year.

As our friend C.B. Forgotston is so fond of saying, You just can’t make this stuff up.

Posted in Elections, Governor's Office | 11 Comments »

Just when it seems Jindal cannot get creepier: viral video shows willingness to exploit his children for political gain

June 26, 2015 by tomaswell

JINDAL'S CANDID CAMERA BOMB(CLICK ON IMAGE TO ENLARGE)

The unfolding tragi-comedy known as the Bobby Jindal campaign just keeps getting weirder but it’s hard to imagine it getting any creepier than his crude re-creation of America’s Funniest Videos episode in which he attempts to exploit his children—except it wasn’t really funny.

Apparently it was some kind of desperate, pathetic stunt designed to project his image as a family values candidate. Instead, it served up a sure-to-become-viral video that rivals his pitiful performance in that abysmal Republican response to President Obama’s State of the Union address in 2009. https://www.youtube.com/watch?v=mmNM0oj79t8

It’s almost enough to make us forget that exorcism he performed on “Susan” during his years as a student at Brown University. http://www.newoxfordreview.org/article.jsp?did=1294-jindal

We’re talking, of course, about that cozy family gathering around a patio table, apparently at the governor’s mansion, during which he breaks the news in the most contrived, stilted manner possible that “mommy and daddy” are running for president—complete with the amateurishly scripted promise of a puppy “if we move into the White House.”

That his wife, Supriya, would be a part of such a blatantly manipulative display is in itself worthy of analysis by parenting experts but we will leave that argument for others. https://www.yahoo.com/parenting/inside-bobby-jindals-bizarre-trick-on-his-kids-122433837582.html

The performance drew such negative reaction that the video, which had been featured at the top of the web page announcing his candidacy, was removed altogether within hours of its posting.

But it did prompt some creative voiceover editing by a web site called Funny or Die, which resulted in this parody of the family discussion of his candidacy: http://www.funnyordie.com/videos/fc8ad653ff/bobby-jindal-campaign-announcement-video-i-m-going-to-do-a-bad-job?_cc=__d___&_ccid=87jc4s.nqjwjn

Even Jon Stewart took the opportunity to lampoon the Jindal clan’s confab on the Daily Show:

http://thedailyshow.cc.com/videos/2n06t0/jindal-all-the-way

All of which brings us to his formal announcement in Kenner on Wednesday.

What first was one of those aha! moments about the possible violation of state ethics and civil service rules quickly evaporated but at the same time raised new questions about the crowd attending that announcement.

There she was, smiling in her red dress as she stood in the crowd behind Bobby Jindal as he declared that he was officially a candidate for the Republican nomination for President.

Article X Section 9, parts A and C of the Louisiana State Constitution spell it out in clear and unmistakable terms:

  • No member of …the classified service shall participate or engage in political activity; be a candidate for nomination or election to public office …or take active part in …any political campaign, except to exercise his right as a citizen to express his opinion privately, to serve as a commissioner or official watcher at the polls, and to cast his vote as he desires.
  • Political Activity Defined. As used in this Part, “political activity” means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election.

 

Yep, there she was, blonde hair, red dress, beaming, and standing directly behind the lady holding the red “Geaux Bobby” sign. JESSICA STARMS

(CLICK ON IMAGE TO ENLARGE)

But wait.

Jessica Starns, formerly legal counsel for Troy Hebert’s Louisiana Office of Alcohol and Tobacco Control, and until recently, a state classified (civil service) employee, attended Jindal’s big coming out party, and was even allowed (or perhaps required?) to actually share the stage with him and his family when he announced that he would do for the U.S. what he’s done for Louisiana.

It was more than a photo-op; this was an extended live, made-for-television event on national display in its finest pageantry. You’d probably call it a warm fuzzy for lack of a better term.

But a state classified employee attending, nay, participating in a political campaign event is strictly verboten under the Louisiana Constitution which Jindal was sworn to uphold.

Except that upon checking with Civil Service, we found that Starns is no longer a classified employee. Nor is she still at ATC.

It turns out that as of March 30 of this yer, she has a brand new title and classification. She is now an unclassified (appointed) $96,750 per year “advisor,” assigned to the Executive Office (governor). That means, of course, that her attendance at the event was legal after all.

While that quickly became a non-story, it did raise this question:

  • How many other state unclassified employees attended either by choice or mandatory dictate to show their enthusiastic support of Jindal? Or more accurately, to pack the crowd to make it appear Jindal had a groundswell of popular support? Unclassified employees, after all, serve at the pleasure of the governor. (And to tell the unvarnished truth, some of the ones in the photo looked for the world like they would’ve preferred being somewhere—anywhere—else.)

Not that Jindal or his handlers would ever participate in such a crass exercise as a tightly-controlled event like say, a scripted family meeting on the patio of the governor’s mansion.

 

Posted in Civil Service, Elections, Ethics, Governor's Office, Media, Politicians | 17 Comments »

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