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Ask a typical Louisiana legislator about his compensation, and you’ll likely get the usual story that the part-time status assigned to lawmakers is a myth. You’re likely to hear all kinds of horror stories about how they have to travel to Baton Rouge, some from as far away as Shreveport, to tend to state business.

But for many legislators, there are conspicuous gaps in those tales of woe.

They will tell you those trips to the state capital are not limited to the legislative sessions (85 days in even-numbered years, 60 days in odd-numbered years), that they attend committee meetings year-round.

All that is true enough but when they do travel to Baton Rouge, they receive per diem that averages around $150 per day (the rate is tied to the federal reimbursement rate and fluctuates accordingly), plus mileage.

But as always when a politician is talking, it’s best to listen carefully to what he doesn’t say.

Bear in mind that they collect the $150 or so per diem for all 85 days in even years even though lawmakers rarely meet on Fridays and never on weekends or Memorial Day, meaning there are as many as 37 days in even years and 24 days in odd years on which they do not meet but are paid.

Still, they will tell you the $16,800 per year in salary is a pittance for the work they do. Never mind the $500 per month in vouchered expenses and $1,500 per month in unvouchered expense they receive, bring their total compensation to something a little north of $50,000 per year.

And granted, that’s not much when you consider the time they are required to take from their regular jobs.

But there’s a dirty little secret they don’t—and won’t—tell you.

And that is 27 of 39 current senators (69 percent) and 52 of 104 representatives (exactly half) access campaign contributions to elevate them to lifestyles the average person can only dream of.

You might think campaign funds would be used exclusively for campaign-related expenses but you would be wrong. Louisiana legislators (and many other office holders as well, including mayors, sheriffs and state officials) regularly spend campaign funds on such things as tickets to big-time athletic events, lavish meals, and extensive travel.

And then there’s the story of Sen. Sherri Buffington (R-Shreveport). In January of 2004, she was Sherri Smith Cheek and she and her then-husband, Jon Cheek, traveled to New Orleans to attend the NCAA national championship football game between LSU and Oklahoma but forgot his tickets.

No problem. Sherri Smith Cheek, a freshman senator, simply called State Police and arranged for a Pony Express-type relay by state troopers from Shreveport to New Orleans to deliver the six tickets. When word of the special deliver leaked out, she expressed her regret (don’t they always feel just awful—after they’re caught?) and said she would repay State Police $448.50, based on her computation of 12 hours of trooper pay. http://www.freerepublic.com/focus/f-news/1060246/posts

A check of her campaign expense records, however, revealed no such payment to State Police. That, however, does not preclude her having paid the money from personal funds.

But those same campaign expense records show that Sherri Smith Cheek Buffington (she has re-married) did spend $20,548 on LSU football tickets between 2009 and 2014.

In fact, 22 senators and 36 members of the House spent $577,839 on LSU tickets from 2003 to 2014, according to campaign expense records. The breakdown was 22 senators ($240,678) and 36 representatives ($337,161). LSU ATHLETICS

Buffington’s $20,548 was not the most spent on LSU tickets by a legislator, however. Not even close.

Nine others outspent her on tickets to Saturday nights in Tiger Stadium. They include the $30,170 by Sen. Gary Smith (D-Norco), ($28,745 by Sen. Norby Chabert (R-Houma), $25,414 by House Speaker Chuck Kleckley (R-Lake Charles), $23,984 by Rep. Joel Robideaux (R-Lafayette), $23,026 by Rep. Frank Hoffman (R-West Monroe), $21,924 by Sen. Jonathan Perry (R-Kaplan), $21,856 by Sen. Dale Erdey (R-Livingston), $21,680 by Rep. Patrick Connick (R-Marrero), and $20,942 by Senate President John Alario (R-Westwego).

Nor were tickets to athletic events limited to LSU.

Other expenditures will be explored in more depth in subsequent posts. To give you an idea of how legislators develop a sense of entitlement while denying increases in the minimum wage, voting down equal pay for women bills, rejecting Medicaid that would provide expanded healthcare to the state’s lower income citizens and generally falling all over each other in an effort to be front and center in sacrificing higher education and state hospitals at the altar of Bobby Jindal, here’s a teaser on other campaign fund expenditures:

  • Six senators and three House members combined to spend $46,417 on New Orleans Saints tickets since 2003; NEW ORLEANS SAINTS
  • Seven members of the Senate and two representatives combined to shell out $37,093 on tickets to New Orleans Hornets/Pelicans NBA basketball games over the same time span; NEW ORLEANS HORNETS  NEW ORLEANS PELICANS
  • Twenty-two members of the Legislature (11 each from the House and Senate) combined to use $35,494 in campaign funds for Sugar Bowl football and NCAA basketball tournament tickets; SUGAR BOWL  NCAA REGIONALS
  • Twenty-seven members (eight from the Senate and 19 from the House) paid out $61,606 for out-of-state travel (even though none of the members were seeking office outside Louisiana); TRAVEL
  • Members of the two chambers managed to spend some $380,000 on meals—much of that for campaign supporters and workers, which technically, would be campaign-related and permissible, but a sizable chunk of which appears to be for less noble purposes. RESTAURANTS  MEALS

The State Ethics Board has issued several opinions on campaign fund spending limitations over the years and some of those opinions have specifically addressed the expenditure of campaign funds for personal use. Those opinions, which would seem to prohibit use of funds for athletic events, etc., will be discussed in upcoming posts.

We’re still a little short of our goal (but not by much) which will help underwrite our efforts to fight our legal battles over public records and to churn out a comprehensive look at Gov. Bobby Jindal’s administration which we anticipate will be out in time for his final push for the GOP presidential nomination.

But first things first: Dayne Sherman of Ponchatoula, a prolific and talented writer, has agreed to help with the fund drive by giving away his first novel, Welcome to the Fallen Paradise, and the first 50 persons to contribute $100 or more to our fund drive today and Saturday will receive a free, signed copy of Dayne’s book. (And everyone who has already contributed $100 will get the book as well.) These are first edition paperback copies of Welcome to the Fallen Paradise, a Louisiana crime novel. The novel was named to Booklist Magazine’s “Hard-Boiled Gazetteer to Country Noir,” a national honor right beside Elmore Leonard’s Raylan, the Kentucky Pick. Welcome to the Fallen Paradise was one of the most celebrated novels of 2004. You’ll also want to visit Dayne’s political blog: http://TalkAboutTheSouth.com.

Here’s how it will work: click on the “Donate” button at the right and make your contribution via credit card. If you don’t see a “Donate” button, it’s probably because you receive our email alerts to new posts. Go to https://louisianavoice.com/ and look for the “Donate” icon. Be sure to send us, in a separate email to louisianavoice@yahoo.com, your mailing address so that we may ship you your book. Dayne will not keep, sell or otherwise share your information. In fact, it will be destroyed once your book is shipped.

If you prefer not to contribute or contribute less than $100, not to worry: you can still get the book free on Kindle through midnight Saturday, May 9. Every dollar helps LouisianaVoice, including $1s, $5s, $10s, and $20s. Here’s the link for the FREE ebook, and you don’t need a Kindle to read it: http://www.amazon.com/dp/B00V0O48T4/ref=cm_sw_r_tw_dp_WkQsvb0SA8CY

If you don’t wish to pay electronically, you may mail your contribution to:

Capital News Service/LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727-0922

LouisianaVoice is continuing its fundraising drive to help offset the costs of litigation against the Division of Administration and Bobby Jindal in our never-ending fight for access to public records.

These are records of what the administration is doing, how it is spending your taxpayer dollars, and how it is implementing policies that affect your daily lives.

These are also records that belong to you, the citizens of this state, and Jindal does not want your prying eyes looking over his shoulder—even if that shoulder is in Iowa or New Hampshire. Nor do the various boards and commissions which exercise tremendous power over small businesses want us looking into their operations.

But we do and we will continue to do so. But it is costing us legal fees—fees that we don’t recover if we fail in court. And the courts are not inclined to side with the public’s right to know; they would rather take the easy way out and rule for the state.

But we nevertheless must keep the pressure on and to do so costs money and time.

Please help by contributing what you can either by clicking on the Donate Button with Credit Cards button to the right of the page or by mailing your check to:

Capitol News Service/LouisianaVoice

P.O. Box 922

Denham Springs, LA. 70727-0922

Thanks for your support!

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.

By Robert Burns (Special to LouisianaVoice)

Forty years ago, actress Tippi Hedren offered a program for 20 Vietnamese women to learn the profession of being manicurists. The result was a complete revolution of the nail salon industry. The industry is now an $8 billion powerhouse which is dominated by Vietnamese operators. According to Nails, a publication devoted to the nail salon industry, 51 percent of nail salon operators nationwide are Vietnamese. Moreover, in Louisiana, despite the fact that Louisiana Cosmetology Board (LCB) Executive Director Steve Young said that the vast majority of nail salon operators are Vietnamese, his only explanation for why the LCB has no Vietnamese representation is that “it just has not reached that point.”

Vietnamese operators routinely undercut the competition’s price by 30-50 percent. They are recognized by Nails to have a stellar reputation for high-quality work, and they often support relatives in Vietnam. Numerous Vietnamese nail salon operators told Louisiana Voice that the LBC has targeted them for harassment and discriminatory inspections designed to drive them out of business. Their claims are detailed in a class action lawsuit filed by former U. S. Congressman Joseph Cao on February 6, 2014.

The suit alleges the LCB, its Executive Director, one of its attorneys, Celia Cangelosi (who is named personally as a defendant), and at least two of its inspectors, Sherrie Stockstill and Margaret Keller (also both named as defendants) have subjected the Vietnamese operators to being “harassed, intimidated, falsely imprisoned, and arbitrarily discriminated against.”

The lawsuit alleges that Thoa Thi Nguyen’s Exotic Nails was visited by LCB inspectors, including Stockstill, on Friday, July 19, 2013, at a time when the salon was “packed with patrons.” After several minutes of loitering and communicating facts of the salon’s operations, Stockstill shouted, “Everyone keep still.  Don’t move!” The suit alleges Stockstill and the other inspector, despite producing no identifications or search warrant, began opening drawers, sorting through files, and, for two hours, and demanded that Nguyen not leave the premises. Nguyen contends that LBC’s actions resulted in a loss of confidence among some of her patrons who witnessed the scene and that her business has suffered from the episode.

The lawsuit details several other similar incidents including operators being subjected to repeated “inspections” and forcing some operators to sell their businesses to escape the relentless attacks.  Meanwhile, the plaintiffs allege that non-Vietnamese operators are rarely, if ever, subjected to any inspection whatsoever. The lawsuit provides exhibits which show virtually all of the hearings for the LCB entail Vietnamese nail salon operators.

LCB meetings appear to be a vehicle for impeding competition and creating a self-generating source of revenue to provide fees for attorneys who serve under contract and to pay the board’s salaried staff. While the “inspectors” of the LBC earn average salaries of around $27,000, which perhaps explains their fundamental lack of knowledge or training regarding requirements to conduct searches, the LBC payroll approaches a staggering $1 million a year!  That doesn’t even include the $200,000 or so per year it generates for its two contract attorneys:  Cangelosi and Sherri Morris. Meanwhile, Vietnamese operators, who supply much of the funds through which they are harassed, are forced to literally beg the board for permission to work as evidenced by this applicant’s husband’s plea to the board after they moved from Texas and she sought a Louisiana license through reciprocity. Instead, the LCB proceeded to grill her on questions about her Vietnamese high school diploma and decide if the transcript translator should be “approved.”

Vietnamese citizens often immigrate to California and practice as manicurists before relocating to Louisiana, and one salon operator said he personally knows of 15 manicurists planning to relocate to Louisiana within weeks.

These operators were understandably concerned about the April agenda item on “California reciprocity.” At that meeting, Young sought to suspend California reciprocity based on its licensing authorities informing them they were “removing their seal from their documents.”  It was also claimed that it was difficult getting anyone on the phone from California.

Louisiana Voice contacted California licensing authorities, and we had no difficulty getting them on the phone. Moreover, we were told that Young’s statement was false and that they’d experienced a temporary machine failure but that a new color-printed seal was being incorporated into their documents. Accordingly, Louisiana Voice made a public records request for whatever documentation Young referenced in the previous video clip indicating California was removing its seal. What we got was this this email which confirmed what California licensing authorities said to us. It’s not clear whether the LBC is going to accept the new color seal, but what is clear is that Young came across as being determined to suspend California reciprocity and slow the expansion of Vietnamese nail salon operators in Louisiana. Though it’s not clear what an acceptable seal now is, Young and the LBC agreed to back off of reciprocity suspension and merely return as “rejected” any California documents with “no seal.”

Another common complaint among Vietnamese operators is that the LCB itself can’t decide what is legal and what isn’t. Inconsistency appears to rule the day. One operator indicated he was licensed by an LCB official only to be informed by a subsequent inspector that he failed to have proper equipment nor adequate space for conducting his operations. Another operator appeared to suffer a similar plight as evidenced by this video clip from the April 2015 LCB meeting during which one LBC attorney, Sherrie Morris, had to explain to another LBC attorney, Cangelosi, as to the fact that nails can’t be done in an esthetic salon. Cangelosi says “somebody” told them they could but she says it was “not someone from the Board.” Louisiana Voice has been told by several operators that it was LCB officials who told them they could operate. Cangelosi even admits, “Somebody licensed them.” In yet another instance at the same meeting, the LCB demonstrated that its inability to provide guidance to its licensees on acceptable “cheese graders.”

Still another nail salon operator said his salon was cited for violations and, when he informed the inspector that a beauty salon nearby operated in the same manner as he with the same equipment and space allocation, the investigator told him, “There are different rules for you guys.” When he complained to the investigator that he may challenge an administrative hearing on the issue, she said, “You may as well pay the $1,200 fine now.  If you challenge it, they’re just going to add $550 administrative costs and there is no way you can win!” When he inquired how that could be possible for his operation to be treated so differently than the nearby beauty salon, the investigator responded, “They can do whatever they want!”

Yet another complaint of Vietnamese operators is the haphazard manner in which Young is “notified” of violations. Many Vietnamese salon operators said inspectors were shifted to their districts to concentrate on them and that they make it a point of showing up on Saturdays to provide the maximum negative impact to their salon’s operations.

Young said that unlicensed salon operators have “no skill” and “aren’t educated.” Vietnamese manicurists and salon operators said his statement was as an insult and indicated Vietnamese families train relatives to perform the service with safety at the forefront.

Recently, President Obama proposed his FY ’16 budget containing $15 billion for states to explore abolishing many boards and commissions which restrict job opportunities. Louisiana Treasurer John Kennedy supports such action in Louisiana.

In an interview with Louisiana Voice, Young indicated the Federal discrimination lawsuit is “about over with,” a curious claim given that Federal Judge Brian Jackson has denied every state effort to toss the suit. In his rulings of March 20, Jackson denied the state’s motions to dismiss the complaint against inspector Stockstill both for racial discrimination and false imprisonment. Jackson dismissed the false imprisonment complaint against Keller but refused to dismiss the discrimination claim. The trial is estimated to commence on January 17, 2017 and last for seven days.

According to records available through LaTrac, the state has authorized spending of close to $300,000 so far in defending the racial discrimination lawsuit. Louisiana Voice made a public records request directly to the law firm providing the defense, Shows Cali. Readers may recall that Shows serves as Buddy Caldwell’s campaign treasurer for this fall’s attorney general race.  Further, in an investigative 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.

Mississippi, also has considerable problems with its Cosmetology Board as evidenced by this rant by Mississippi State Representative Steven Holland in February of 2015. Unlike Louisiana, however, Mississippi requires all funds collected by boards and commissions to be placed in the state’s general fund and then individual boards and commissions must make application for funds for that year. Holland says the Mississippi Cosmetology Board’s funds need to be a “big goose egg.”