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“Thank you for your correspondence to Senator Riser regarding state cuts. Please know that Senator Riser appreciates hearing from you and will keep your thoughts and concerns in mind as they go thru the legislative process.”

–Sen. Neil Riser (R-Columbia), in his response to several specific questions from a constituent regarding efforts by Gov. Piyush Jindal to gut higher education, help private entities profit from charter schools and online courses, to take absolute control of LSU and to dismantle the state’s system of health care for the state’s indigent population. By this canned response, obviously not written by Riser but by a legislative assistant, Riser has demonstrated that the concerns of the American Legislative Exchange Council (ALEC), of which he is a member, are given more attention than those of his constituents.

Remember when we recently suggested that you contact your legislator with a specific list of questions relative to Gov. Piyush Jindal’s efforts to:

Destroy public education by allowing private concerns to open charter schools and offer online courses with no accountability;

Destroy higher education in general with massive budgetary cutbacks and LSU in particular by loading the state’s flagship university board of supervisors with political hacks and campaign contributors;

Dismantle the state’s public health system through closures, cutbacks and by, as in the case of the LSU Board of Supervisors, packing the University Medical Center Management Corp. Board with political cronies, and

Usurping the powers and responsibilities that rightfully belong to the legislature?

We provided the internet web page addresses for both the House and Senate and suggested that you contact your legislators with these specific questions with specific answers and promised that as the results came in, we would publicize them.
Rep. Alan Seabaugh (R-Shreveport), knowing that state employees might be reluctant to divulge their names for fear of being teagued and thus might feel the need to use a pseudonym, issued the following snarky reply to one such person:

“You make some substantive and good points. However, I do not send substantive responses to people who hide behind fake names.”

Rep. Stephen Carter (R-Baton Rouge) fell back on the standard tactic of “baffle ’em with B.S. with his non-response to a constituent:

Thank you for your email. I understand your concerns and appreciate you taking the time to contact me. Upon review, most of the items you listed are proposals and have not been implemented yet. When the time comes, I will be charged with giving the up or down approval through legislation. I will carefully consider each item individually that is up for a vote. The Governor’s job is to propose initiatives, try to get the approval of the legislature, and then implement. The a governor has not sought my advice on the items you listed, but I will consider his proposals when and if they become proposed legislation. I cannot usurp his authority including his appointive power to various boards and commissions.

I do want to be sure I make decisions in the best interest of the state, whether privatization is the answer or not. Until we have the opportunity to see proposals to privatize, it is difficult to evaluate the pros and cons. I can’t make a blanket judgement about privatization because I believe it is an issue that warrants case-by-case evaluation.

To provide information on some of your specific concerns, William Jenkins is the interem President of the University. He has appointed, and the Board of Supervisors has approved, Dr. Frank Opelka to serve as the Executive Vice President for Health Care and Medical Education Redesign. The Board has approved Dr. Opelka issuing a Request for Proposal (RFP) to seek the interest of private partners who are interested in a collaboration with LSU to run the hospitals. Again, thank you for your interest and rest assured that all of us in the legislature are trying to make decisions that will improve the quality of life of all of our citizens. Please don’t hesitate to contact us if you have any more questions or if we can be of any assistance to you.

Best regards,
Steve Carter

Our favorite, however, came from Sen. Neil Riser (R-Columbia):

“Thank you for your correspondence to Senator Riser regarding state cuts. Please know that Senator Riser appreciates hearing from you and will keep your thoughts and concerns in mind as they go thru the legislative process.”

There you have it. A canned response and not even from Riser himself, but from a legislative assistant. The man could not even take the five minutes out of his busy schedule to write specific responses to specific questions. Apparently the affairs of the American Legislative Exchange Council (ALEC), of which Riser is a member, are of greater precedence that those of a lowly constituent.

For those of you who may have missed it, here are the questions and the web addresses again;

I want to know where you stand on of allowing the governor to ignore the medical needs of the state’s indigent population as well as to ignore the need to maintain teaching hospitals for medical students at the LSU and Tulane schools of medicine;
Moreover:

When are you, as my (representative/senator) going to stand up to Gov. Jindal and his runaway efforts to:

• Disembowel higher education;

• Destroy public education to the financial benefit of private contractors/campaign supporters;

• Dismantle the state’s flagship university by appointing political hacks to the LSU Board of Supervisors, firing capable administrators and closing/privatizing state hospitals;

• Allow voucher and online courses to take the place of public education without even a smidgen of accountability or standards to which public education is held;

• Continually allow our governor to usurp the powers and responsibilities that rightfully belong to the legislative branch, including the choosing of House Speaker and Senate President?

I want and expect a public and publicized answer by you on the entirety of this subject. You’ve been silent long enough.

Click here for a list of House members: http://house.louisiana.gov/H_Reps/H_Reps_ByName.asp

Click here for a list of Senate members: http://senate.legis.louisiana.gov/Senators/
Scroll down the list until you find your representative/senator and click on the name. The legislator’s email address will on the page that will appear. For representatives, you need only click on the email address but you will have to type the senators’ email addresses.

It helps if you are able to provide your real name but if you are a state employee, do not use your real name.

Also, send only the questions; do NOT send the entire content of this blog. It’s not that we are concerned about legislators knowing where the questions originate because most of them will; it’s just not necessary to send this entire text.

One final note:

We are getting comments back today that certain legislators were sent the original questions and have not responded.

Our suggestion would be to re-send them each and every day until they do respond. Bombard them and do not let up.

One of Winston Churchill’s greatest speeches included this classic line: “Never give in. Never give in. Never, never, never never.”

By JOHN SACHS

Periodically I am asked why I’m screaming about what is taking place in our state government. It is suggested that I speak with more deference and respect to and about elected and appointed officials. I am reminded of the adage that one catches more flies with sugar than with salt. I listen to that advice and then I counter with the following explanation for my approach and call to action:

When you as an individual or through your business or when a government entity wants to make a change in service providers such as a pest control service, a janitorial service, or a building maintenance and repair service, it does not involve the lives and livelihood of employees or the ownership of the entity’s physical assets such as buildings. One simply contacts several competing service providers and after evaluating them, makes a decision as to which vendor will provide the specific service for a specific time period.

Now take the case of lease and rentals of buildings and equipment. This is a more complex transaction and generally extends over a longer period of time than a service contract. Except in the case of a rent/lease-to-own transaction, ownership of the assets remains unchanged. Thus, at the end of the lease the parties can agree to terminate the agreement and go their separate ways or to enter into a new contract. Ownership of the asset being rented or leased, however, remains with the original owner.

Finally, there are the types of transactions that are of a permanent nature with lasting consequences, and the ones that the Jindal administration is entering into that will for all intent and purposes change our system of government, alter the delivery of essential services, and transfer ownership of state physical assets forever. What Gov. Bobby Jindal is doing now will be felt for decades to come if not forever. And forever is a mighty long time for the state to suffer after Jindal leaves office for greener pastures (which I find myself occasionally hoping will have a name such as “Serenity Gardens.”)

The first of these “Forever” changes involves privatizing essential government services. When these services are privatized, the state employees almost to a man/woman lose their jobs, their retirement and their benefits. Moreover, their years of experience and expertise are lost to the state almost always forever. The state’s records generally become those of a private company accessible only by the state agency responsible for their administration.

And even that access can become iffy. Take the Office of Risk Management, for example. In less than a year after being privatized at a cost of $75 million to the state, the contract was transferred to a second and then a third company—in open defiance of the state contract requiring written authority for the contract to be transferred. Today, two years after the privatization, nothing has been done about the contract violation.

Records that should be open and public disappear behind a cloak of protection from prying eyes not afforded public agencies. Consequently, monitoring by state and even federal investigators charged with oversight of the function becomes difficult. And to the press, the fourth estate charged with keeping everyone honest and accountable, access to once public records becomes all but impossible. When one adds in the profit motive of a private enterprise and tax liabilities that are not a cost factor to a state operating department, the cost to administer an essential and rightfully state service escalates significantly to the detriment of the state.

The second “Forever” change is the most troublesome and is the one that makes me scream the loudest. That is when physical assets owned by the state and its citizens are sold to private individuals, companies, and corporations. When assets such as hospitals, prisons, schools, etc., are sold, ownership of those assets by the state is lost FOREVER. Let me say that again. When physical assets of the state are sold, ownership of them by the state is lost FOREVER.

We will never again own them. If we need those physical assets to deliver essential state services and programs, we have to enter into negotiations with the new owners to rent or lease those same facilities that we previously owned. And since we in almost every case have no alternative site from which to provide the service, we are held captive by the private owner of the former state facility paid for with taxpayer dollars.

If the new owner knows that he has no competition, is it reasonable to expect him to give us a fair, reasonable, competitive rent/lease term? Chances of that happening are so slight as to be incalculable. The only protection is the initial agreement. After that, it’s every man for himself.

And remember, these new owners will most likely be the contributors to Jindal’s political campaigns, his political slush fund, Believe in Louisiana, or his wife’s “charitable” foundation. They will be the ALEC-supported “One-Percenters” who feel that they are, by divine right, entitled to the spoils of political patronage. It is the finality of the “FOREVER” consequences of the sale of physical assets that makes me scream the loudest and that must be stopped before it ever happens.

Jindal has three years left to do his dastardly deeds. Everyone knows he has higher political aspirations (goals that he will never attain) and that he is a pathological liar who will say anything to portray himself as a caring and responsible keeper of the sacred trust placed in him by the Louisiana electorate. And our generally brain-dead media will drink his poisoned Kool-Aid, ask no intelligent and probing questions, and print verbatim his press releases.

Meanwhile, the Super Pacs will reward him for his unconscionable acts of greed on behalf of the One-Percenters.

So how can Jindal be stopped? There is only one way. Our legislators must muster the required two-thirds (2/3) vote to take back powers to act that in the past have been ceded to the governor and his appointees. That is the only way. And that must happen within the next year and certainly before the end of his term in office. Otherwise, Jindal will have sold ALL of the most marketable physical assets that the state must have in order to deliver essential services mandated by state and federal law and the state will be forced to contract with the new owners for these assets use at exorbitant rates and for terms favorable to the new owners.

That is why I’m screaming and you’d better scream too. Legislators, you’d better muster whatever it takes to act as a body politic united to preserve our state’s assets or your term in office will be forever tainted as a do-nothing, hear, see and speak no evil hand-maiden to the most corrupt governor in our state’s history. That’s a legacy that I would not want to bear.

When Gov. Piyush Jindal named his four nominees to the University Medical Center Management Corp. Board back in March of 2010, he not only was looking after some of his more generous campaign contributors, but he also placed one of them in a position of potential conflict of interest.

Dr. Christopher Rich of Alexandria currently holds three separate contracts with the state totaling more than $3.3 million and he has already run into ethical problems with one of those contracts.

Rich was named by Jindal as one of four nominees for the proposed billion-dollar University Medical Center that is to serve as a replacement for the 70-year-old facility that was closed after its basement was flooded during Hurricane Katrina in 2005.

Like many of Jindal’s high-profile appointees, Rich, his wife Vickie and business partner Dr. Mark Dodson, also of Alexandria, combined to contribute $9,500 to Jindal’s campaigns in 2007, 2010 and 2011.

Others nominated by Jindal and the amounts of their contributions included Tim Barfield of Baton Rouge, recently appointed by Jindal as Secretary of the Department of Revenue ($15,000); David Voelker of New Orleans ($70,000 to Jindal campaigns and to his political slush fund, Believe in Louisiana), and Donald “Boysie” Bollinger of Lockport ($183,850 to Jindal campaigns and to Believe in Louisiana).

Rich has a $516,646 contract to serve as Medical Director of the Office of Workers’ Compensation (OWC) Administration that calls on him to approve or disapprove medical treatments and procedures for the Office of Workers’ Compensation.

That contract is actually to Chrickie Investments, a company owned by him and his wife Vickie.

In what has become an all too familiar theme, Jindal pumps up the salaries of his appointees even as state employees are being denied salary increases for a fourth consecutive year.

Even before he paid Barfield $250,000, which was more than twice what Barfield’s predecessor Cynthia Bridges was paid, Rich’s $516,646 contract as OWC Medical Director far outstrips the $168,333 paid to his predecessor, Dr. Larry Ferrachi.

In 2009, the Louisiana Legislature passed a law which changed the process for determining whether or not medical treatment was “medically necessary.” If a workers’ comp insurance company denies a treatment request, the denial is referred to the OWC medical director, in this case, Rich.

Though the law was passed in 2009, problems with implementing the rules to enforce the new law delayed the actual enactment date of the law until July 13, 2011.

In March of this year, Rich testified before the House Labor Committee that he was “denying 80 percent” of all treatment requested.

At the same time he was contracted to be the sole determiner of all medical treatment for Louisiana’s injured workers, he and Dodson were partners in Louisiana Ortho Services which held a $2.3 million contract to provide orthopedic services for the state, specifically Huey P. Long Medical Center.

Huey P. Long Medical Center is one of 10 state hospitals that make up the LSU Health Care System which is administered by the LSU Board of Supervisors which also oversees the University Medical Center Management Board on which Rich sits.

Because he also owned an interest in Central Louisiana Surgical Hospital which also provided medical treatment to injured workers, the question of his eligibility to make decisions on medical treatment which could financially impact the hospital as well as Mid-State came before the Louisiana Board of Governmental Ethics twice—in March of 2011 and again in January of this year.

In March 2011, the ethics board ruled that Rich was prohibited, in his capacity as Medical Director of the Office of Workers’ Compensation, from participation in any matter involving Central Louisiana Surgical Hospital.

Rich, however, maintains that he no longer practices surgical procedures.

In January 2012, however, a second opinion said there was no conflict regarding Rich’s relationship with L since he had terminated his relationship with Mid-State—only six months since the state had awarded Louisiana Ortho, that $2.3 million contract. Though he no longer is affiliated with Mid-State, he remains a partner in Louisiana Ortho with Dodson who in turn remains as a partner with Mid-State. The timing and the connections, to say the least, are curious.

Rich and Dodson also are partners in a company called Activemed, Inc., which has a contract for $523,000 to provide orthopedic medical services to Northwestern State University student athletes.

Activemed also provides secondary insurance, also known as a preferred provider network (PPN) for three Louisiana university college sports teams and athletes. Basically, the athletes’ primary health insurance is the first payor for sports-related injuries. Then, if the student treats with an Activemed provider and they are enrolled with Activemed, then Activemed picks up the tab for the remainder of the treatment.

This means that Drs. Rich and Dodson have direct control over which doctors Activemed refers injured students to and if those same doctors happen to treat any Louisiana workers’ compensation patients, there is a potential conflict of interest for Rich.

Activemed’s internet web page contains no list of medical providers, nor is Activemed listed under the Louisiana Department of Insurance either as an insurance company, a third party administrator (TPA), or an adjusting company.

So, a surgeon who says he no longer performs surgery but who is listed as the 2012-2013 team physician (since 1990) in the current Northwestern State University sports programs, holds three contracts with the state for medical services worth more than $3 million—and serves on the board of the University Medical Center Management Corp. Board under the auspices of the LSU Health System.

So much for the most ethical, accountable, and transparent administration in Louisiana history.

Louisiana Free Press, our expanded sister publication, a free-subscription online e-newspaper devoted exclusively to Louisiana political news, is now conducting test runs of its layout and format.

We will strive to offer the most in-depth coverage of state agencies of all news sources–print or electronic.

Louisiana Free Press will be supported by advertising revenue so that the citizens of Louisiana may enjoy unrestricted, free access to what their state officials are doing in their names.

Accordingly, we are officially soliciting advertisers for the online publication. Please email louisianavoice@cox.net for details and rates.

We will have a full stable of writers providing extensive coverage of all state agencies, boards and commissions, legislative actions (including committee and full House and Senate votes), cabinet positions, including K-12 education (Board of Elementary and Secondary Education), higher education (Regents and University of Louisiana System) LSU, Southern, DEQ, Natural Resources, Louisiana Economic Development, Public Service Commission, State Bond Commission, Attorney General opinions, Louisiana Supreme Court decisions, campaign contributions, etc.

We are very excited about this ambitious endeavor and we promise to strive to bring you even more and better coverage than LouisianaVoice has done for the past two years.

Our initial test installments are simply reprints of stories recently posted on LouisianaVoice. We did this in order to conduct a dry run to iron out any glitches and unexpected snags.

Please check us out at: www.louisianafreepress.com/

And please: give us feedback with your comments, observations and recommendations. We truly value your opinions: that’s why we exist.