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At long last we have only three more days of those annoying—as in wanting to throw a brick through that expensive flat screen—TV campaign ads in which a leering U.S. Rep. Bill Cassidy and a weary appearing incumbent U.S. Sen. Mary Landrieu trade insults, barbs and outright lies about each other.

But there is another race to be decided Saturday that has flown under the radar of all but the residents in Public Service Commission (PSC) District 1, which encompasses all or parts of Orleans, Jefferson, Ascension, St. Bernard, Plaquemine, St. Charles, and the Florida parishes of Livingston, Tangipahoa, Washington, St. Helena and St. Tammany.

Even in those parishes, the tawdry Landrieu-Cassidy contest to determine the least undesirable candidate has overshadowed the runoff between PSC Chairman Eric Skrmetta and challenger Forest Bradley Wright, both Republicans.

But it is an election of which voters in District 1 should certainly be aware.

In the November 4 primary, Wright polled 99,515 votes (38.44 percent) to Skrmetta’s 95,742 (36.98 percent), with Republican Allen Leone playing the spoiler role with 63,622 votes (24.58 percent) to force Saturday’s showdown.

For this race, LouisianaVoice has chosen to take a closer look at Skrmetta, by resurrecting a video of his bizarre, and certainly unwarranted behavior two years ago during the testimony before the PSC of a spokesman for the Louisiana Conference of Catholic Bishops.

A smug Skrmetta displayed unprecedented contempt for Robert Tasman who, through frequent interruptions and challenges from the chairman, attempted to read a statement on behalf of the conference which called upon the PSC to reduce exorbitant telephone rates for prison inmates.

Skrmetta claimed that he was told by an archbishop for the church that the church’s position was simply that rates not be increased. The exchange between Skrmetta and Tasman escalated to Skrmetta’s suggesting that Tasman should attend confession, presumably for attempting to mislead the commission. http://joule-energy.us5.list-manage.com/track/click?u=c2265593d29be2a1d4f35bf12&id=9bacfdbffc&e=25b6a2fa99

Skrmetta’s rude behavior got so bad at one point that it provoked a challenge by fellow PSC member Foster Campbell who admonished the chairman, suggesting that he keep quiet until Tasman completed his testimony.

That only served to spark a heated verbal exchange between Campbell and Skrmetta.

The commission eventually worked out a compromise that even Skrmetta voted for. Regulators agreed to cut the rates by 25 percent for prisoner calls to family, clergy, and government officials. http://theadvocate.com/home/4666375-125/psc-rolls-back-prison-phone

So, what moved Skrmetta to such passion that he would challenge the veracity of an official of the Catholic Church?

Well, for openers, try $29,500.

That’s how much he has received in campaign contributions since 2009 from six companies and executives of two of the companies that provide inmate telephone services. Two of those, Securus Technologies of Dallas, and City TeleCoin Co. of Bossier City, combined to contribute $12,000 to Skrmetta’s campaign in separate contributions in December of 2013, nine months after the companies were cited by the PSC for charging extra fees in violation of the amended rates of December of 2012.

Global Connections of America of Norcross, Georgia, which contributed $5,000, was also in violation but was not cited.

http://www.nola.com/business/index.ssf/2013/03/psc_louisiana_prison_phone_rat.html

Other inmate telephone service companies that contributed to Skrmetta included:

  • Network Communications of Longview, Texas ($5,000);
  • William Pope, President of Network Communications ($2,500);
  • Gerald Juneau and his wife, Rosalyn, owners of City TeleCoin ($5,000 each);
  • ATN, Inc. of St. Mary, Georgia ($2,500);
  • Ally Telecom Group of Metairie ($2,500).

Taking campaign contributions from regulated industries, while posing the obvious risk of conflicts of interest and even influence-buying, is not at all unusual. Utilities and trucking companies which are regulated by the PSC contributed to commission members just as insurance-related companies contributed to campaigns for Louisiana Insurance Commissioner in a practice some equate to little more than not-so-subtle bribery.

Skrmetta, however, has taken the practice to art form status; he has received substantially more campaign money from regulated industries than any other member of the PSC.

In all, he has received a whopping $482,800 in individual contributions of $500 or more from regulated industries, attorneys and PSC contractors just since 2009. That was a year after he was first elected to the PSC. Only two campaign contributions totaling $1,200 are listed on his campaign reports prior to 2009.

Scores of representatives of Entergy contributed at least $30,800 since 2009 and the New Orleans law firm Stone-Pigman and several of its attorneys chipped in another $29,750—$17,000 on the same day that Skrmetta made the motion during a PSC meeting to approve an additional $220,000 in consultant fees and expenses for the firm’s defense of litigation filed against the commission by Occidental Chemical Corp.

Skrmetta, it should be noted, opposed the ban on fundraisers within 72-hours of PSC meetings—understandable in hindsight. A 72-hour ban be damned; he took the money on the same day of the commission’s meeting and its approval of the amendment which bumped the law firm’s contract up to $468,000 in fees and $39,600 in expenses.

Wright, Skrmetta’s opponent in Saturday’s runoff election was critical of Skrmetta’s taking the contributions from Stone-Pigman on the same day as the PSC meeting—and on the same day as the contract amendment.

“The issue is integrity, which is undermined when a public service commissioner takes a cut off the top from the contracts they authorize in the form of campaign contributions,” he said. “We pay the price from these bad dealings, not only in dollars but also in the erosion of trust that happens all too frequently when elected leaders put themselves and their own power before the interest of the public.”

Former Gov. Edwin Edwards said on Tuesday that he intends link his opponent to Gov. Bobby Jindal just as Congressman Bill Cassidy has linked U.S. Sen. Landrieu and President Obama.

“Representative Cassidy has built his entire campaign on running against Obama instead of Mary Landrieu and though I believe in running on issues instead of personal attacks, I will launch my television ads next week by showing that Garret Graves will be nothing more than an extension of the Bobby Jindal administration,” Edwards told LouisianaVoice.

That shouldn’t be too difficult to do, given that Garret’s former assistant and more recently his successor has publicly endorsed Garret in his campaign against Edwards to succeed Cassidy as Louisiana’s 6th District congressional representative.

Jerome “Z” Zeringue, who once served as Garret’s assistant and then was named to succeed him as Gov. Jindal’s coastal advisor, has endorsed his old boss in the Dec. 6 runoff against Edwards.

That action brought instant criticism from another former coastal advisor to the governor. Len Bahr, Ph.D., wrote on his internet blog:

“As a former holder of Graves’ and now Zeringue’s position in the governor’s office, I’m offended that neither of these gentlemen is concerned that the person who oversees state coastal policy should be involved in a highly partisan political struggle. I realize that the law that restricts state civil servants from political activities does not apply to unclassified positions but the basis for the law is obvious, going back to the days of Huey Long when state employees were pressured to support specific elected officials. http://lacoastpost.com/blog/?p=47063

Bahr’s indignation notwithstanding, Edwards already had a pretty good arsenal to unload on his opponent.

He previewed one of his upcoming TV advertisements for LouisianaVoice. As expected, he zeroed in on the $130 million in contracts that Graves’ father’s company received from the U.S. Army Corps of Engineers during the younger Graves’ tenure as president of the Coastal Protection and Restoration Authority (CPRA) and director of the Governor’s Office of Coastal Activities.

Edwards, at a Monday appearance before the Baton Rouge Press Club, also noted that the Graves’ father also subcontracted $66 million of that $130 million to some 18 other companies who have since contributed $250,000 to Graves’ campaign and $360,000 to Jindal.

Those points were brought by another candidate in the first primary, State Sen. Dan Claitor (R-Baton Rouge) but Edwards added a new twist during the press club appearance when he revealed that Graves’ brother-in-law stood to gain financially from a deal involving CPRA.

He said the Water Campus office complex and research center under construction in Baton Rouge, will house the agency Graves once headed. The leasing agent for office space in the facility, Edwards said, is Randy White, Graves’ brother-in-law. “They’re going to lease one million square feet of office space at probably $25 to $50 per square foot,” he said. “At a commission of 2 or 3 percent, that’s a $1 million a year.”

The former governor also expressed his disappointment at Graves’ tactic of sending out letters leading up to the Nov. 4 first primary in which he hinted that Republican candidate Paul Dietzel, III was gay. “He (Graves) repeated over and over that Dietzel had never married, lives with his grandmother, and had performed work on behalf of gay organizations,” Edwards said. “There is no place in today’s society for that type of attack.”

Edwards said the motive for Graves’ attack was obvious. “Up to the time those letters went out, he and Dietzel were neck and neck for the second spot in the runoff against me. It was the act of a desperate man and a man who was hand-picked by our governor to continue the policies put in place by Jindal.

“Jindal’s approval rating is every bit as deplorable as Obama’s,” Edwards said. “And a vote for Graves is a vote to continue down the same road that Jindal has taken the state during his administration. Personally, I don’t think this state can afford a continuation of those policies.”

Bahr, his blog, included a link to Louisiana Civil Service rules on public employees’ participation in political campaign and though the rules are different for classified and unclassified employees like Zeringue, Bahr said he nonetheless felt it wrong for Zeringue to interject himself into partisan politics. http://www.civilservice.louisiana.gov/files/general_circulars/2011/gc2011-020.pdf

One of Bahr’s readers added this comment to his blog:

“A key part of Graves’ legacy is the degrading of CPRA’s standing as a supposedly objective body. Pushing them to pass a resolution opposing the SE La Flood Protection Authority lawsuit was a key step. Using the meeting for theatrics attacking the feds every month was another. CPRA has continued on this path in his absence by passing a resolution opposing the EPA’s proposed “Waters of the U.S.” designation, with no real discussion of the actual rule/regulation. In the bubble that Louisiana inhabits, no one is supposed to see this for what it is. That bubble will be popped when the state sees how national support for restoration has been eroded.”

So while Edwards has been relatively quiet up to this point (as opposed to the incessant barrage of attack ads from both Landrieu and Cassidy), that will change beginning next Tuesday—just in time for his only scheduled head-to-head debate with Graves in Denham Springs that same day.

If he is successful in linking Graves to his former boss, Jindal’s low poll numbers coupled with the animosity Jindal has single-handedly created between himself and teachers, state employees and higher education officials during almost seven years as governor, it could spell trouble for Graves. And Edwards, the sly old warrior that he is, might yet have a trick or two up his sleeve.

To paraphrase actress Bette Davis in the movie All About Eve, Fasten your seatbelts, it’s going to be a bumpy ride.

Some things never change when it comes to doing business with the State of Louisiana.

Several business owners have, over the past couple of years, told LouisianaVoice they would never bid on a state contract because, they said, the bid process and contracts are rigged, or at least weighted, heavily in favor of pre-selected vendors.

Now, three separate sources have come forward to offer specifics that support that claim as it regards a request for proposals (RFP) for renewal of an existing $75 million contract.

One of our very first stories under the LouisianaVoice banner was the manner in which Gov. Bobby Jindal went about privatizing his very first state agency, the Office of Risk Management (ORM), throwing nearly 100 employees out of work in the process.

Now we learn the story of F.A. Richard & Associates (FARA), the Mandeville company the state initially paid $68 million to take over as third party administrator (TPA) of ORM has taken yet another interesting twist.

Well, make that two interesting twists—including a third violation of the original contract between the Division of Administration (DOA) and FARA and now it seems there may be a strong case made for bid manipulation on the part of the state.

The reason we said the state initially paid $68 million is because eight months after that 2011 takeover, FARA was back asking—and getting—an amendment to its contract which boosted the contract amount by exactly 10 percent, or $6.8 million, bringing the total cost to just a tad under $75 million. An obscure state regulation allowed a one-time amendment to contracts for up to (drum roll, please)…10 percent.

Then, less than a month after the contract was amended by that $6.8 million, FARA sold its state contract to Avizent, an Ohio company, which kept the contract for about four months before it sold out to York Risk Services Group of Parsippany, New Jersey.

Last month, it was announced that Onex Corp., a Toronto-based private equity firm, had finalized a deal to acquire York for $1.325 billion.

In each case, the name FARA was retained “for branding purposes,” according to one former FARA employee, but there was no getting around the fact that the state’s contract was—and is—being shifted from one company to another until the latest deal that placed in the possession of a foreign corporation.

The original contract with FARA stipulates that the contract may not be sold, transferred or re-assigned without “prior written authority” from DOA.

LouisianaVoice, of course, made the appropriate public records request for that “prior written authority” right after it was sold the first time—to Avizent. After the usual delays in responding, DOA finally sent us an email which said no such document existed.

So, now we a contract the very specific terms of which have openly violated not once, not twice, but three times and the state has remained silent on this point.

Jindal, in case you need a reminder, is the same Louisiana governor who only last Friday criticized President Obama of “flaunting the law” in his executive action granting amnesty to illegal immigrants.

But as bad as the contract shuffling might be, ongoing efforts to rig the bidding process for a renewal of the five-year contract in FARA’s favor would appear to be far more serious.

Three separate sources—one employed by DOA and the other two former employees of first ORM and, after ORM was privatized, FARA, said that FARA had been requested to assist in drafting a new RFP in such a way as to guarantee that FARA would retain the contract.

Both former FARA employees, interviewed separately, said a staff meeting of FARA employees was held in Lafayette last April and again in May. On both occasions, they said, FARA management assured them that the company had been asked to assist ORM in drafting the RFP and that FARA was certain to win renewal of the contract, which expires next July 1.

“We were all told to update our resumés so they could be used in beefing up FARA’s proposal,” said one of the former employees.

If true, that would constitute bid rigging in almost any law book and should prompt an immediate investigation. This would be an ideal opportunity for someone to awaken East Baton Rouge District Attorney Hillar Moore to see if he is up to performing his duties.

Wasn’t that, after all, the basis for the investigation of Bruce Greenstein and the $189 million contract to his former employer, CNSI? That was the investigation that led to his nine-count indictment for perjury.

Having said that, if there are any other business owners who have had unpleasant experiences in bidding on state contracts, or who feel they have been shut out of the process through favoritism we would love to hear from you. Our email address is: louisianavoice@yahoo.com or louisianavoice@cox.net

Former Gov. Edwin Edwards, who has been uncharacteristically quiet in his campaign to succeed U.S. Rep. Bill Cassidy for Louisiana’s 6th Congressional District seat, came out swinging at his opponent at Monday’s appearance before the Baton Rouge Press Club.

At the same time, the campaign of his opponent, Garret Graves, Gov. Bobby Jindal’s hand-picked candidate, appears to be doing everything it can to go into a self-destruct mode with Graves following smear tactics against a first primary opponent with a vitriolic email-writing campaign to reporters perceived by him to be antagonistic.

One veteran Baton Rouge reporter described Graves’ strange behavior as the campaign enters its stretch drive as “weirdly Nixonian.”

Edwards was also critical of Graves’ role in attempts to stifle the lawsuit against 97 oil and gas companies by the Southeast Louisiana Flood Protection Authority-East (SLFPA-E). “Someone needs to restore our coastal lands and who better than the ones who destroyed it?” he asked.

The event was intended to serve as a face-off between the two candidates, but Graves chose not to attend.

Edwards, meanwhile, took the opportunity of renewing earlier claims of $130 million contracts awarded to Graves’ father under his watch as President of the Coastal Protection and Restoration Authority (CPRA) and director of the Governor’s Office of Coastal Activities.

“Not only was he responsible for $130 million in contracts to his father’s engineering company,” Edwards said, “but 18 sub-contractors got another $66 million in contracts. Those companies gave $250,000 to Graves’ campaign and $360,000 to Gov. Jindal’s campaign. This is a scheme by Jindal and Graves to maintain and to perpetuate the control of the flow of dollars from the Corps of Engineers and the BP spill.

“Gov. Jindal took $160 million in BP grant funds and wasted it on the construction of a sand berm and gave the contract to a Florida firm. That berm, as was predicted, is long gone.

“Jindal then took another $35 million to $40 million to build the million-square-foot Water Campus in Baton Rouge,” Edwards said.

He said the Water Campus office complex and research center under construction in Baton Rouge, will house the agency Graves once headed. The leasing agent for office space in the facility, Edwards said, is Randy White, Graves’ brother-in-law. “They’re going to lease one million square feet of office space at probably $25 to $50 per square foot,” he said. “At a commission of 2 or 3 percent, that’s a $1 million a year. I guess it would be accurate to say Graves is a family man.”

More recently, Graves has ramped up an email-writing campaign to reporters that borders on paranoia, accusing veteran reporters of ganging up on him, not liking him, and being against him. The emails more resemble incoherent rants than logical communications with some making wild accusations, a tactic that has puzzled various recipients.

Edwards reserved most of his disgust, however, for Graves’ smear campaign against Paul Dietzel, III, in the Nov. 4 primary election. Graves intimated during the campaign that Dietzel, grandson of legendary former LSU football coach Paul Dietzel, was gay.

“At the time, the contest for the runoff position was between Graves and Dietzel,” Edwards said. “Dietzel is a fine young man and he never recovered from that scurrilous attack.” Dietzel finished third in the primary with 13.55 percent of the vote. Graves finished second to Edwards with 27.36 percent.

Edwards said that while he has not spent any money on media advertising “because I really didn’t think it was necessary,” he intends to begin a media blitz early next week.

He and Graves are scheduled to meet in their only scheduled head-to-head debate in Denham Springs next Tuesday.

Attorneys for the E.I Du Pont have filed a motion in limine which seeks to block plaintiffs in the pending litigation against the Ascension Parish plant from citing reports of prior leaks and regulatory proceedings against DuPont “not related to the gas leaks” at the Burnside facility.

DuPont’s motion is particularly timely in that it was filed only four days after the deaths of four DuPont workers following a toxic gas release at a Du Pont plant in La Porte, Texas.

Limine (lim-in-nay) is Latin for “threshold,” and is a motion made at the outset of a trial that requests that the presiding judge rule that certain evidence may not be introduced in trial.

A 22-year employee of DuPont’s Burnside plant filed a confidential lawsuit in the Middle District Federal Court in Baton Rouge two years ago which became known only last March that claims the plant has consistently been experiencing toxic gas leaks on almost a daily basis for more than two years without reporting the leaks to the Environmental Protection Agency (EPA) as required by the Toxic Substances and Control Act (TSCA) of 1976. https://louisianavoice.com/2014/03/31/whistleblower-claims-duponts-burnside-plant-has-been-leaking-carcinogenic-sulfer-trioxide-more-than-two-years/

Plaintiff Jeffrey M. Simoneaux, an Ascension Parish native who served for 14 years as chairman of the plant’s Safety, Health and Environmental Committee, also claims he was harassed, intimidated and denied promotions after he said he complied with DuPont’s own internal procedures for reporting a leak of sulfur trioxide (SO3) gas, a known carcinogen which is regulated under the Toxic Substance Control Act (TSCA) of 1976 and was reprimanded for doing so.

The case, should it go to trial, would be heard by Federal District Judge Shelly Dick and Magistrate Judge Stephen Riedlinger.

Simoneaux, who filed his suit under the 151-year-old False Claims Act (FCA), has listed as trial exhibits documents pertaining to leaks and releases at other DuPont plants, some of which have resulted in settlements with the government. He also has listed documents as yet to be obtained from various EPA offices through Freedom of Information Act requests that seek information about enforcement actions against DuPont.

“Because the exhibits regarding other leaks and enforcement actions do not relate to the leaks at the Burnside facility, (Simoneaux), his counsel and witnesses should be prohibited from mentioning, in any manner in the presence of the jury, such leaks, releases or regulatory proceedings,” said DuPont attorneys Monique Weiner and Lori Waters of the New Orleans firm of Kuchler, Polk, Schell, Weiner & Richeson in their memorandum that accompanied the actual motion.

“Evidence of leaks at other DuPont facilities and/or regulatory action against DuPont arising from situations not involving the gas leaks at the Burnside facility is irrelevant to the issues for determination by the jury in this case,” the motion says.

“DuPont will object to the introduction of such exhibits at trial as they are sought to be used or introduced,” it says. “But in advance of trial, DuPont seeks an order that counsel and the witnesses may not refer to these matters in questioning, testimony, during opening statement or in closing argument.”

The motion cited United States v. Beechum, a 1978 case which the defense attorneys say “requires a showing that the prior acts sought to be introduced are ‘relevant to an issue other than the defendant’s character. At the heart of this relevance inquiry is a question of similarity: ‘The relevance…must be determined with respect to the particular issue…”

The motion said that even if the court determines there is relevance, “the evidence would be confusing, prejudicial and a waste of time.”

A seven-member team of investigators from the Chemical Safety Board, the Occupational Safety and Health Administration (OSHA), and the Chemical Safety Board have already begun looking into the La Porte deaths of the four men, including two brothers. Among the first discoveries:

  • The men had been trapped for an hour by the poisonous methyl isocyanate for an hour before anyone at the plant called 911 at 4:13 a.m.;
  • It is unclear if the workers killed had any advance knowledge or warning of the degree of toxicity inside the unit;
  • Methyl isocyanate (MIC) is the same chemical that escaped a Bhopal, India, plant in 1984, killing more than 2,200 people;
  • Workers lacked quick access to breathing equipment that would have given them a chance at survival;
  • No DuPont official contacted a special emergency industrial response network called the Channel Industries Mutual Aide (CIMA), a nonprofit set up to deal with just such disasters;
  • It took 12 hours before DuPont confirm the four deaths;
  • DuPont never disclosed the size of its toxic inventory in reports filed annually with the La Porte emergency management officials;
  • Volunteer firefighters from nearby Deer Park who responded to the company’s 911 call were forced to rely on word-of-mouth to confirm quantities of the chemical leaked from the plant.

One other fact that could be crucial to Simoneaux’s case should Judge Dick deny the motion in limine and allow testimony about safety concerns at other plants:

The unit where the La Porte workers died had been shut down for five days before the Nov. 15 accident and workers had for months reported persistent maintenance problems, including inadequate ventilation in the unit.

Around 3:15 a.m., Gilbert Tisnado, 48, called his wife on his cell phone to tell her something had gone wrong in the unit. When he learned that his younger brother, Robert, 39, was among four men trapped in the unit, he grabbed an “escape pack” and entered the unit. Both brothers were among the four who subsequently died.

Firefighters found three bodies but only two tanks and masks inside the plant. Each was equipped with only five minutes of air—time for an emergency escape but not for a rescue mission.

Though the 911 call from DuPont was made at 4:13 a.m., more than two hours went by before “fenceline” air monitoring was conducted to learn if hazardous levels of chemicals had escaped the plant, leaving the community dependent upon DuPont to know if it was safe to go outside.

It also was unknown if DuPont even had any comprehensive toxics fenceline monitoring, said Adrian Shelley, director of the Air Alliance Houston advocacy group.

The refining industry, especially, has balked at calls for continuous fenceline monitoring, which provides streams of data about what gases are leaving a plant but can cost tens or hundreds of thousands of dollars, Shelley said. A U.S. Environmental Protection Agency rule that would require such systems at refineries is under review. Even if adopted, it wouldn’t apply to the DuPont plant because it doesn’t refine fossil fuels.

Simoneaux filed his lawsuit more than two years ago, on April 16, 2012, but because it was filed under seal, meaning it was not released to the media, its existence, along with DuPont’s October 2013 answers to discovery, has only recently been made public.

Simoneaux said DuPont identified gas leaks to which it will respond “only by visible assessment and (it) has no monitors at equipment sites.”

DuPont, headquartered in Wilmington, Del., was ranked 72nd on the Fortune 500 in 2013 and reported 2012 profits of nearly $2.8 billion, down more than 19 percent from 2011, according to a report by CNN Money.

Despite profits from its worldwide operations which employ 60,000 people, DuPont has for years avoided paying any federal income taxes.

The company has contributed more than $21,000 to various state politicians since 2003, including $4,500 to Gov. Bobby Jindal. Its plants in Burnside and in St. John the Baptist Parish have been granted more than $21 million in various state tax credits.

Those included, in order, the project, the year, parish, total investment, tax exemption and number of new jobs created:

  • Plant expansion, 2010, St. John the Baptist, $93 million $1.4 million five-year tax credit, 11 new jobs;
  • Plant expansion, 2008, St. John the Baptist, $58.8 million, 10-year property tax exemption of $10.9 million, five new jobs;
  • Retrofit project, 2010, Ascension, $72.2 million, 10-year property tax exemption, $541,000, three new jobs;
  • Miscellaneous capital addition, 2010, St. John the Baptist, $1.3 million, 10-year property tax exemption, no new jobs;
  • Plant addition, 2009, St. John the Baptist, $6.7 million, 10-year property tax exemption of $1.2 million, no new jobs;
  • Plant addition, 2009, Ascension, $45 million, 10-year property tax exemption, no new jobs.