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State attempts unsuccessfully to suppress discovery in CNSI civil suit; Greenstein offers to waive attorney-client privilege

December 15, 2014 by tomaswell

By Robert Burns, Guest Columnist

Most of the media headlines entailing Bruce Greenstein, Gov. Jindal’s former head of the Department of Health and Hospitals (DHH), have centered around his recent indictment for alleged false testimony during his confirmation hearing and alleged false statements made to a Louisiana grand jury convened by Attorney General Buddy Caldwell to delve into possible misconduct entailing the awarding of the state Medicaid contract to Client Network Services Incorporated (CNSI).  Less noteworthy in the news media, but a matter in which Louisiana Voice has taken a keen interest, is the civil trial taking place in Judge Tim Kelley’s courtroom entailing CNSI’s claim of wrongful termination of its contract for which it seeks millions of dollars in alleged damages.

During a hearing in early 2014, Judge Kelley repeatedly sought the status of any Federal investigation into alleged wrongdoing regarding the awarding of the contract.  Very reluctantly, David Caldwell, Assistant Attorney General, admitted that the Feds had closed their investigation but emphasized that the State of Louisiana was proceeding forward and emphasized to Judge Kelley that “The AG’s Office has encountered other instances in which the Feds closed an investigation but we continued and ultimately obtained indictments.”

The parties are now in the discovery phases of the civil trial. Attorney Lewis Unglesby, along with Michael McKay and Justin Lemaire, is representing CNSI, and some very intriguing accusations have been bantered about in court hearings. Among those accusations, conveyed at an October 28, 2014, hearing, is that Attorney General Investigator Scott Bailey   met with and potentially improperly coached CNSI whistleblower Steve Smith into changing his testimony, resulting in contradictory depositions.  It was also at that hearing that David Caldwell, in attempting to defend the visits with Smith by his office and relaying to Judge Kelley that “We didn’t do anything wrong,” emphasized, “We’re not trying to rig a civil case.”

Perhaps Caldwell may indeed not be trying to “rig a civil case” and genuinely seeks only to prosecute Greenstein for his alleged perjury; however, based on a hearing in Judge Kelley’s courtroom today (Monday, December 15, 2014), it appears equally apparent that the State of Louisiana is prepared to fight tooth and nail to prevent CNSI’s lawyers from advancing discovery in the civil trial toward the plaintiff attorneys’ goal of a trial sometime in 2015.

To that end, today’s hearing entailed the fact that CNSI’s lawyers have scheduled a deposition of Stephen Russo, legal counsel for the Department of Health and Hospitals for tomorrow (Tuesday, December 16, 2014).  The State’s attorneys, led by Justin O’Brien, sought to block the deposition on multiple fronts including attorney-client privilege.

Throughout Greenstein’s testimony before the grand jury, he repeatedly emphasized that Russo serves as the personal legal attorney for the head of the DHH and thus served as Greenstein’s personal attorney during his tenure as head of the agency.  As such, Unglesby relayed to Judge Kelley that any attorney-client privilege had unequivocally been waived through Greenstein’s grand jury testimony. Unglesby said Greenstein was present in court and would be more than happy to state to the court that he waived any attorney-client privilege. O’Brien also indicated to Judge Kelley that the intended line of questioning by Unglesby was overly broad. Unglesby, however, countered that argument by holding up a small folder and relaying his intent to be laser-focused on the pertinent discussions between Russo and Greenstein during the critical period entailing the awarding of the contract.

On two separate occasions, Unglesby made brief reference to material in Greenstein’s grand jury transcript. O’Brien objected and asked that Judge Kelley order the courtroom cleared since statements were about to be made regarding grand jury testimony. Unglesby countered by relaying that the AG’s Office had, and he emphasized that Caldwell may have “likely acted illegally” in doing so, made the grand jury transcript public. Grand jury secrecy, therefore, was no longer an issue. Judge Kelley concurred and emphasized that he’d even read the grand jury testimony accounts in the newspaper and therefore would not be clearing the courtroom.

At one point, O’Brien wanted to introduce into evidence a document that he said would demonstrate that John McLindon, Greenstein’s attorney, had provided contradictory statements.  Judge Kelley relayed he’d be happy to look at anything as long as opposing counsel had seen it first.  When O’Brien presented a copy to McLindon, he (McLindon) immediately relayed, “That was filed under seal.”   Upon hearing that, Judge Kelley relayed that, if the document was filed under seal, nobody, including him, should be looking at it.

Judge Kelley informed Unglesby that it would not be necessary to have Greenstein waive any attorney-client privilege at the day’s proceeding and ruled that the deposition could proceed as scheduled.  Judge Kelley was very specific in justifying his ruling in relaying that, in the court’s view, attorney-client privilege had certainly been waived, and he further emphasized that the intended scope of the deposition was in conformity with Louisiana Code of Civil Procedure in terms of not being overly broad nor designed to harass the deponent.

O’Brien asked Judge Kelley to stay his order pending a writ being filed with the First Circuit Court of Appeal.  Judge Kelley relayed, “I’m not staying anything.  If you take issue with my ruling, you can file that with the First Circuit, but I want to be understood on this matter.  In the court’s view, this matter is clear.  It’s straightforward.  The court views this matter as being very clear and I want it into the record that’s the court’s view.”  After O’Brien sought for Judge Kelley to reiterate that he felt it was clear (which Judge Kelley did reiterate), he pulled out a pre-drafted order and asked if Judge Kelley would sign it for the Frist Circuit to consider a stay on his ruling.  Judge Kelley relayed that, upon filing, O’Brien could bring the document back up for him to sign (even relaying he could interrupt court if necessary due to the urgency of the matter).

Assuming the First Circuit doesn’t grant a stay, it sure would be interesting to be able to sit in on tomorrow’s deposition.  The one thing that was evident today is that the State’s attorneys clearly fear Unglesby being able to question Russo about that critical timeframe and communications he had with Greenstein entailing the awarding of the contract.  Based on Greenstein’s willingness to show up at today’s hearing and relay that he’d be happy to formally waive any attorney-client privilege, it seems obvious that Greenstein and McLindon feel they will likely reap a spillover benefit from the deposition entailing Greenstein’s criminal defense.

So, even though the big headlines of the CNSI contract awarding and cancellation may entail Greenstein’s indictment, the far more intriguing aspect of that contract appears to be playing out in the CNSI civil trial in Judge Kelley’s courtroom.  Stay tuned folks, Louisiana Voice will keep readers informed as further court hearings transpire.

Posted in Attorney General, Courts, DHH, Governor's Office, Guest Columnist, Judges, Lawsuits, Media | 8 Comments »

Bienville Parish grand jury to continue investigation of sexual abuse of female residents of New Bethany Home

December 15, 2014 by tomaswell

A state grand jury will reconvene in Arcadia in Bienville Parish on Thursday, Dec. 18, to continue its investigation of charges of molestation and rape brought against the former operator of a home for girls by former residents of the facility who say they the victims of sexual abuse by the minister in the 1970s and 80s, LouisianaVoice has learned.

One victim has already testified before the grand jury recessed for several weeks because a grand jury member underwent knee surgery.

Because grand jury testimony is secret, we normally would not report this type information, but a self-described survivor of the alleged abuse has already gone public with the information on social media.

Word of the grand jury probe comes almost exactly a year after seven former residents of New Bethany Home for Girls arrived in Arcadia from four separate states to file formal charges against Rev. Mack Ford. The 2nd Judicial District Attorney’s office presumably has been investigating those claims since the seven converged on the office of Bienville Parish Sheriff John Ballance a year ago to file their charges.

One source told LouisianaVoice that two witnesses had agreed to testify in exchange for immunity from prosecution. It was not immediately known if the two were former employees of New Bethany or members of Ford’s family.

Because grand jury testimony is secret, we normally would not report this type information, but a self-described survivor of the alleged abuse has already gone public with the information on social media.

Although only two of the six former residents who flew in from North Carolina, Nevada, Florida and Texas on Dec. 6, 2013, claimed to been sexually abused while living at the home, the others said they were there to lend moral support to the two, one of whom was said to be terminally ill with an inoperable brain tumor.

Allegations about beatings, handcuffing and other forms of punishment of girls at the home first came to light when the Baton Rouge Advocate began an investigation of the home in 1974. Editors, however, quickly killed the investigation before any stories could be written and the issue lay dormant until the late 1980s when the Louisiana Department of Health and Human Resources began looking into abuse allegations. In 1988, the state raided the unlicensed home located south of Arcadia on LA. 9 and removed 29 girls from the facility.

Simultaneous to that raid, the Bethel Home for Wayward Children in Lucedale, Mississippi, was closed down by officials in that state. Six months after the New Bethany raid, however, it remained open and was not closed down until 1998.

There were claims of girls at New Bethany having to clean toilets with their bare hands, being locked in isolation with only a bucket for a toilet, girls being handcuffed to their beds and being made to stand all day with no restroom breaks, beatings with wooden dowels, PVC pipe, paddles, belts and limbs.

A state game warden, interviewed by the Advocate in 1974, said he would take confiscated deer that had been killed illegally by hunters to the home. “On one occasion,” he said, “Ford asked if he could have my handcuffs.”

The public face of New Bethany, however, was quite different. Girls’ quartets clad in long dresses were frequently paraded before church congregations to sing, figuratively and literally, the praises of New Bethany in efforts to generate “love offerings” from church members.

The claims of physical abuse and rape are not new to the Independent Fundamentalist Baptist (IFB) Church with which New Bethany and Ford were affiliated.

The First Baptist Church of Hammond, Indiana, received a great deal of notoriety over the sexual trysts two of its ministers had with female church members over a period of several years. Their misconduct was subsequently repeated at other churches where they ministered.

And when their behavior was revealed, it was the women victims who were required to stand before the congregation and apologize and ask forgiveness for tempting the men, who invariably went unpunished and indeed, continued to receive near idol status from the congregation.

Likewise, group homes where abuse has been documented tend to receive devout support from area churches. Instead of asking those who run the homes to explain their behavior, their accusers are routinely treated as pariahs while the accused are welcomed as heroes at church rallies on their behalf.

Adherents to IFB dogma, for example, discourage intermarriage or even any contact with those of other religious beliefs, distrust government, favor home schooling, and believe that spankings should commence as early as 15 months of age.

Tampa Bay Times reporter Alexandra Zayas last year was allowed to do what the Advocate refused to do. She wrote a lengthy investigative series on claims of physical abuse at several group homes in Florida. http://www.tampabay.com/faccca/

Just as she found in Florida and as had been found earlier in Texas, Louisiana homes are unlicensed and unregulated by the state, thus allowing the operators free rein in the areas of discipline and education—so long as it is done in the name of religion.

The group homes employ the same textbooks that rely heavily on the Accelerated Christian Education (ACE) and BJU (Bob Jones University) Press curricula—the same resources used by many of Louisiana’s voucher and charter schools being approved by the Louisiana Department of Education. The textbooks eschew traditional science and history courses, choosing instead to apply Old Testament interpretations in their teachings.

New Bethany is situated in a secluded spot deep in the piney woods south of Arcadia where the children’s screams could not be heard. Its remote location kept the facility out of the public eye and allowed Ford to give outsiders a look on his own terms—at church services, in a controlled environment, where the neatly scrubbed girls would sing and give emotional testimonials about past drug abuse and promiscuity (many of those “testimonials” contrived by Ford) and how New Bethany had turned their lives around—all orchestrated for the maximum emotional impact so as to extract “love offerings” from those in attendance.

Ford resisted state inspections, claiming that he accepted no state funding and that he was not licensed by the state and was therefore not subject to state regulations under the doctrine of separation of church and state.

On one occasion a state inspector did manage to breach the normally chained front gates of New Bethany but that inspector died suddenly a short time later.

Ford used his death as evidence of God’s intention to protect New Bethany from state regulations, saying that the inspector had been struck down by God and a similar fate would likely await other state inspectors.

Besides the Arcadia home, Ford and his family also ran homes for boys in Longstreet in De Soto Parish and in Walterboro, S.C. One by one, the homes were eventually shut down by authorities, the Arcadia home in 1998 (some reports indicate that New Bethany boarded girls there as recently as 2004), but only after inestimable mental, spiritual and physical damage had been inflicted on hundreds of children, many of them in their early teens.

It was not immediately known how many others of the seven have been called to testify before the grand jury.

Posted in Corruption, Courts, State Agencies, State Police | 8 Comments »

Guest columnist, an education professor, offers constructive paths to improving education in state (TFA not one of ’em)

December 15, 2014 by tomaswell

By guest columnist James D. Kirylo

It is said that education is the great equalizer.  Yet, we know when it comes to resources, opportunity, and the quality of a teacher, not all educational experiences are equal.  Then we react with a bevy of voices coming from a variety of corners on how to better equalize the great equalizer.  To be sure, when making sense of gray matter, complexity, and multi-layered challenges inherent in education, the solutions are not easy.

Yet, when it comes to navigating through this entangled web, a leading thread to direct that charge ought to have the name “teacher” at its pinpoint.  There are few absolutes when it comes to education.  And of those few, one is this: There is positive correlation between a high quality teacher and student success.

It is, therefore, logical that if we want to move toward educational transformation, we need to ensure that teacher education is right up there on the priority list.  It is no coincidence that high achieving countries, like Singapore, South Korea, and Finland are quite selective as to who teaches their youth, how they prepare those who are to teach their youth, and how they maintain ongoing development while teaching their youth.

That a common thread in high-achieving countries is an elevated priority on teacher education ought to raise our collective sensibilities, stirring movement toward embracing that model right here in Louisiana.  To that end, the following summarizes what we need to qualitatively do in our backyard if we expect to move toward long-lasting transformative educational change:

  • Entrance requirements and processes into teacher education programs need to be more rigorous and more selective.
  • Those who are accepted into teacher education programs should be provided tuition waivers, grants, and other incentivizing initiatives.
  • Teacher education programs across the state must be creatively innovative, systematic, and unified in which not only content knowledge is emphasized, but also concepts, practices, and theories related to human development, pedagogy, curriculum, and learning are thoroughly explored in light of the diverse country in which we live.
  • Field experiences and rich mentorships are emphasized that works to connect the thoughtful relationship between theory and practice.
  • Upon graduation, teacher candidates leave their programs with great expertise, expectation, and adulation as they move into the teaching profession.
  • Once in the classroom, teachers regularly engage in ongoing and meaningful professional development, with them at the center of facilitating that endeavor.
  • The school curriculum in which teachers teach is wide-ranging, with an inclusive priority on the various arts, physical education, and foreign language.
  • When it comes to curricula, assessment, and evaluation decisions at the school setting, teachers are integral members at the table.
  • At the school setting, a test-centric focus has to be abandoned and replaced with a learning-centric focus that is energizing, inspiring, and imaginative.
  • Students, teachers, and schools are not in competition with one another, but work to cooperate, collaborate, and lift each other up.
  • All schools, regardless of location and economic demographic have equal access to quality resources, material, and high quality teachers.
  • The teaching profession is viewed with great respect, indicative of the competitive salaries, the working conditions in which teachers are placed, and how teachers are professionally viewed, treated, and honored.
  • A top-down hierarchal structure needs to be replaced with a teacher leadership empowerment structure.
  • “Fast-track” teacher training programs, such as TFA and LRCE, are not acceptable routes to teach our youth.
  • The waiving of requirements for those going into administrative type roles are not acceptable routes to work in leadership positions in our schools, systems, and state.
  • Only well-prepared, qualified, and certified teachers from high quality teacher education programs must teach our youth.

While there are certainly some examples of good efforts occurring in teacher education programs in our state, we are not doing nearly enough. Without doubt, if we are to move toward educational transformation in Louisiana, the systematic prioritization of teacher education is a must, the fostering of the professionalization of teaching is vital, and ultimately education must be viewed as an investment in which the entire state can be richly furthered.  Indeed, our international friends have provided us with an outstanding model.

(James D. Kirylo is an education professor, a former state teacher of the year, and his most recent book is titled A Critical Pedagogy of Resistance.  He can be reached at jkirylo@yahoo.com)

Posted in BESE, Education, Governor's Office, Guest Columnist, Legislature, Legislators, Public Records, Recovery School District, Transparency, Vouchers | 5 Comments »

Gov. Bobby Jindal grants a rare (and entirely fictitious) interview with LouisianaVoice on several U.S. politicos

December 13, 2014 by tomaswell

JINDAL PRAYER BREAKFAST(CLICK ON IMAGE TO ENLARGE)

You’ve got to hand it to Gov. Bobby Jindal. If he ever knew when to shut up, he’s doing a dandy job of concealing that knowledge.

Team Jindal is an e-mail blast by an outfit calling itself Friends of Bobby Jindal providing those of us lucky enough to be on the mailing list a timely update on the governor’s travels, TV appearances, and op-ed writings. We’re not altogether certain how we managed to get on the mailing list but we’re glad we did.

Before we go any further, let the record show that there is no Google link to any such organization but there is a link at the bottom of the e-mail to this web page: www.bobbyjindal.com. It even has a prominent “Donate” button at the top of the page, just to right of the imposing—and more than a little official-looking—“Bobby Jindal Governor” banner.

As we said in an earlier post, we’re not sure why he needs donations given the fact that he is term limited and cannot run for governor for another five years and he remains an unannounced candidate for the Republican presidential nomination (though few doubt that is his intent).

But we digress.

Whoever sends out these e-mails does a much better job of keeping current than the person responsible for the web page. The e-mails come at least on a weekly basis while the last blog posting on www.bobbyjindal.com was on Aug 22 of this year. Given that, you’re just going to have to take our word for what we are about to quote Jindal on in the latest e-mail release.

Along with stories about Jindal’s most recent appearances on Fox News, there was a story about the governor’s welcoming Education Secretary Arne Duncan to New Orleans, a video of him promoting his upcoming prayer rally at the Pete Maravich Arena on the LSU campus, an announcement of a new plant to be built in Cameron Parish, a release about his executive order to better protect sexual assault victims, his participation in the opening of a new section of the National World War II Museum in New Orleans, and this quote from Jindal calling the CIA Report a partisan attempt to attack the record of President George W. Bush:

  • “It is clear that the Democrats wrote and released this report in an attempt to once again attack President Bush. I remain very proud to have worked for him, and proud that he kept America safe in the aftermath of 9/11. This report is one-sided and partisan. The Left hates the former President, they always have, and now, six years after he left office they are still campaigning against him. The undeniable truth of the matter is this – President Bush kept America safe after 9/11 from terrorists that wanted to kill us. This is simply a fact. President Bush is a good man and I am honored to have served in his Administration.”

Naturally, we were curious as to how the governor of Louisiana, who admittedly was smart enough to be a Rhodes Scholar but who has never served in the military, could be so knowledgeable about the methods employed to extract military intelligence from detainees.

So, fueled by that curiosity and lucky enough to catch Jindal in Baton Rouge between trips to Iowa, New Hampshire and the Fox News studios, we requested—and got—an interview with him. And anyone who knows of his reluctance to grant interviews to local media has to know what a journalistic coup that was.

We wanted to know his position on other controversial issues involving Republican presidents and he graciously agreed. Without bothering to go into lengthy explanations of our questions, we instead will simply list the name of the president (or other individual) and the issue most closely associated with him (in bold), followed by the governor’s take on that topic (in italics).

Abraham Lincoln and the Emancipation Proclamation:

  • “Look, as much as everyone seems to think of Lincoln, he was really overrated as a president. Two things: First, he got us into an ugly war that produced more casualties than any other war in our history, a war that took years for us to recover from. He had Gen. Sherman burn Atlanta to the ground and what did Atlanta ever do to the country besides to give us Tara, Rhett Butler and Scarlett O’Hara? Second, he freed the slaves who already had good homes and were taken care of by their kindly masters. That was just another example of federal overreach. Look, Phil Robertson said it best when he said a year ago, and I’m quoting now: ‘I never, with my eyes, saw the mistreatment of any black person, not once. Where we lived was all farmers. The blacks worked for the farmers. I hoed cotton with them. I’m with the blacks, because we’re white trash. We’re going across the field…. They’re singing and happy. I never heard one of them, one black person, say, ‘I tell you what: These doggone white people’—not a word! Pre-entitlement, pre-welfare, you say: Were they happy? They were godly; they were happy; no one was singing the blues.’ Now that’s Phil Robertson speaking, not Bobby Jindal, and we know how smart Phil is…” http://www.huffingtonpost.com/2013/12/19/phil-robertson-black-people_n_4473474.html

Theodore Roosevelt and trust busting:            

  • “I just want to say this: Theodore Roosevelt was a RINO—a Republican in Name Only. He was the Democrats’ best friend. Make no mistake, he was a Roosevelt and a cousin to that other Roosevelt. And let me say this: Theodore Roosevelt was the true father of the welfare state. He is personally liable for the ill effects of the Sherman Anti-Trust Act. He had the audacity to try and browbeat a great American, J. P. Morgan, and even told Mr. Morgan right there in the Oval Office that any interest of his that had done anything wrong was in danger of being prosecuted. How can capitalism and American Exceptionalism function with that kind of pressure? http://www.ushistory.org/us/43b.asp 
  • And if you thought Roosevelt stopped there, you would be wrong. He had the taste of runaway power that only Washington can administer. He made Washington the nanny state for meat inspections just because a few pounds of bad hamburger meat made it to market. I say if you don’t like tainted meat, don’t eat it. That’s the American way.”

Warren G. Harding and the Teapot Dome scandal:

 Herbert Hoover and the Great Depression:

  • “Two things you have to understand: The Great Depression was unfortunate but those are the breaks. Stuff happens. And those displaced homeowners living in those Hoovervilles? What would you expect the President to do? Give them a handout and make them even more dependent on government? No! You have to make people self-reliant, instill pride in their determination to rise above their circumstances. There were New York stockbrokers to worry about; they’re the ones who make the country go. And while the situation with the Okies was certainly dire, the President must first concern himself with the captains of industry.” https://www.google.com/search?q=hoovervilles&hl=en&biw=1280&bih=607&tbm=isch&tbo=u&source=univ&sa=X&ei=WD-OVNwMw_OgBIfSgvAJ&sqi=2&ved=0CDYQsAQ

Sen. Joe McCarthy:

  • The liberal media killed him. He was a great American who had the commies in the State Department running scared until they framed him with that Edward R. Murrow interview.

Richard Nixon and Watergate:

  • “Two words: national security. Pentagon Papers. Nixon was a patriot. He was a member of the House Un-American Activities Committee and brought down Alger Hiss.”

Republican deregulation agenda:

  • “The Dodd-Frank bill was a disaster. When you tie the hands of Wall Street, you tie the hands of the American economy. What could be more un-patriotic? The financial collapse of 2008 was all Obama’s fault; everyone knew he was running for the Democratic nomination and it caused a panic. Wall Street needs to be encouraged, not hog-tied. Wall Street is a microcosm of American capitalism. Where else can a CEO make $300 million a year and retire with a $200 million cash-out of his stock options and still draw $100 million a year. That’s the American dream.
  • Look, if it’s good for the Koch brothers, it’s got to be good for America. Why do you think they have invested so much of their personal fortunes into getting the right people elected? It’s because deep down, they care. Like former director of the Office of Management and Budget Gary Bass, I look at the current trend toward Republican control of Congress and the move toward deregulation and rollbacks of stifling regulation as the Contract with America on steroids. And that’s a good thing.

 President Obama’s energy policy:

Climate change:

(The last two quotes regarding Obama’s energy policy and climate change are verbatim utterances by Jindal—grammar, syntax and all.)

Thank you for your time, Governor.

“Any time. Well, not anytime…unless you’re Fox News.”

(Disclaimer: Although some quotes in this attempt at satire are accurately attributed, the actual interview never occurred and is not to be taken seriously. Do not read this while operating heavy machinery. May cause nausea, weak knees, enlarged ego, skin rash, or dizziness. Other possible side effects include rickets, diarrhea, constipation, blurred vision, temporary anger, swollen tongue, sudden increase or decrease in a desire for real news or unexpected or unusual stimulation of previously suppressed sense of humor. If you are up laughing more than four hours, consult a doctor. If you believed this was a real interview, see a shrink.)       

Posted in ALEC, American Legislative Exchange Council, Campaign Contributions, Congress, Elections, Ethics, Governor's Office, House, Politicians | 9 Comments »

State budget deficit looms large for candidates for governor but symbolic gesture could resonate with Louisiana voters

December 12, 2014 by tomaswell

Baton Rouge Mayor Kip Holden has formally announced his candidacy for lieutenant governor to succeed Jay Darden in next fall’s election. And even though the field for the state’s second highest office is starting to get a little crowded, it’s expected to attract little attention.

That’s because all eyes will be focused on the battle to succeed Bobby Jindal as governor. Already, we have Lt. Gov. Jay Dardenne, Public Service Commissioner Scott Angelle, U.S. Sen. David Vitter, and State Sen. John Bel Edwards vying for the state’s top job with more anticipated between now and next year’s qualifying.

Whoever your favorite candidate for governor, you may wish to reconsider wishing the job on him. In sports, there is a saying that no one wants to be the man who follows the legend. Instead, the preference would be to be the man who follows the man who followed the legend.

No one, for example, could ever have stepped in as Bear Bryant’s immediate successor at the University of Alabama and succeeded. That person was former Alabama receiver Ray Perkins who in his four years, won 32 games, lost 15 and tied one. He was followed by Bill Curry who went 26-10 in his three years. Gene Stallings was next and posted a 62-25 record that included a national championship over seven years before he retired.

Then came in rapid succession five coaches over the next nine years who combined to record a composite losing record of 51-55 before Nick Saban came along in 2007 to pull the program from the ashes.

No one in his right mind should wish to follow Jindal. It is not because of Jindal’s success as governor; just the opposite. When he walks out of the Governor’s Mansion for the final time, Jindal will leave this state in such a financial and functional mess that no one can succeed in righting the ship in a single term—and that may be all the patience Louisiana’s citizens will have for the new governor. Bottom line, voters are weary of seven years of budget cuts and depleted services. Ask anyone waiting and DMV to renew their driver’s license.

The electorate, at least those who pay attention to what’s going on, are bone tired of a governor who is never in the state but instead is flitting all over the country trying to pad his curriculum vitae for a run at the Republican nomination for president.

They are jaded at the hypocrisy of a first-term Gov. Jindal who kept popping up in Protestant churches (he’s Catholic) to pander the Baptists, Methodists and Pentecostals when he was facing re-election compared to a second-term and term-limited Gov. Jindal who has not shown his face in a single Protestant church anywhere in the state.

Some, though admittedly not all, are unhappy with the manner in which he has consistently rejected federal Medicaid expansion and $80 million in federal grants for broadband internet and $300 million for a high-speed rail line between Baton Rouge and New Orleans—money state taxpayers have already paid into the system and now have to chance to recoup that money. (It’s sort of like refusing your federal tax refund because you feel it’s not free money. Well, no, it’s not free money but it is money you’ve already paid it in and now you have a chance to get some of it back.)

And there are those who are not at all pleased with the salaries paid Jindal appointees (not to mention raises they’ve received while rank and file employees have gone five years without raises). The administration has been free and loose with salaries paid top unclassified employees in every state agency, from Division of Administration on down. Those salaries are a huge drain on the state retirement systems. That’s one of the reasons there was so much controversy over Jindal’s attempted backdoor amendment to an obscure Senate bill that would have given State Police Superintendent Mike Edmonson an annual retirement increase of $55,000—more than many full time state employees make.

With that in mind, we have what we feel would be a meaningful proposal for some enterprising gubernatorial candidate. It’s an idea that we feel has considerable merit and one we feel would resonate with voters.

With the state facing a billion-dollar shortfall for next year, the suggestion is more symbolic that a real fix, but what if a candidate would pledge publicly that he would draw on the pool of retired educators and executives for his cabinet? And what if he purposely avoid appointing anyone with political ambitions such as Angelle, who went from Secretary of Natural Resources to Public Service Commission and who is now an announced candidate for governor?

If a candidate said he could immediately save the state in excess of $2 million a year by hiring retired executives to head state agencies at salaries of $1 per year each, that would strike a chord with every registered voter in the state—or it should.

If a candidate would say, “I will not appoint any member of my cabinet who is dependent upon the position for his living, nor will I appoint any member who has aspirations of public office for himself,” what a refreshing breath of air that would be, vastly different from the standard hot air rhetoric of the typical political campaign.

Where would he find these types of people willing to give of their time? That would be for the candidate himself to recruit but James Bernhard would be a good start. Bernhard certainly has the experience, having founded and built up the Shaw Group to the point that he was able to sell the company for $3 billion while selling off some of his personal company stock for another $45 million.

That spells success by every definition of the word. And Bernhard certainly would have no need for a salary. He would be a logical choice for Commissioner of Administration.

And then there is his father-in-law, retired Louisiana Tech University President Dan Reneau. What better choice could a governor have for Commissioner of Higher Education?

There are scores of others, from retired doctors and hospital administrators, to retired military personnel like Gen. Russel Honoré to head up the Department of Veterans Affairs to retired federal and state law enforcement personnel to retired scientists and educators, and the list goes on and on.

This would by no means be a guaranteed ticket to success for Jindal’s successor; there is just too much mess he will be leaving behind.

But it would be a huge psychological advantage for anyone wishing to take on that unenviable job of being the one to follow Jindal.

Posted in Budget, Civil Service, DHH, DOA, Economy, Education, Elections, Finances, Governor's Office, Higher Education, Politicians, Regents, Retirement, Revenue, State Agencies | 10 Comments »

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