Come to City Hall to Stand up for Justice for New Orleans Youth

Show your support for justice for youth this Tuesday, November 10th, 9:30 AM at City Hall (1300 Perdido St).

For years, young people detained in New Orleans' detention centers have reported a wide variety of unsafe and inhumane conditions and the denial of basic services. Recently, the City of New Orleans and the Orleans Parish School Board reached an agreement with the Juvenile Justice Project of Louisiana to implement changes to the Youth Study Center that will dramatically improve conditions for youth housed at the juvenile detention center.

Now advocates must ensure that funds are allocated to support those improvements, as well as spent appropriately and with community input in the rebuilding efforts of the local youth detention facility.

Come out to City Hall and support the Juvenile Justice Project and other concerned activists in:
- Ensuring funds for rehabilitative and therapeutic programs and to meet young people's basic needs
- A new facility with clearly defined treatment spaces - and an end to the over-incarceration of New Orleans youth!

For more info, contact Bridgette Butler at Juvenile Justice Project of Louisiana, at 504-522-5437 xt. 246

Congressman Cao is Sole Republican Vote in Support of Health Reform

After months of grassroots pressure, and months of indecision and wavering, Congressman Anh "Joseph'' Cao became the only Republican in the House of Representatives to vote in favor of the Democratic health care reform bill.

Grassroots activists in New Orleans, who repeatedly confronted Cao on this issue, deserve at least some of the credit for this vote. As the bill moves to the Senate, it's time for activists to keep the pressure on Senator Mary Landrieu, who has also been noncommittal on the issue.

Got Health Insurance Stories?

Healthcare Now! New Orleans, a newly formed healthcare advocacy group, is collecting stories as examples of health insurance companies preventing you (and others) from accessing adequate medical care.

Has your insurance company not covered something (a procedure, medication, etc)? Or, have you not been able to get insurance because of a pre-existing condition? Has your insurance company dropped you or raised your premiums really high? Please share your own, a family member’s or a friend’s story... And, please be sure to include the specific company’s name.

Stories can be sent to joanna.dubinsky@gmail.com. Please respond with your story by Wednesday, Nov 11.

Photo by Taslim VanHattum.

Concerned Mothers and Children Denied Access to Senator Landrieu

This morning, at 11:45 a.m., the Baton Rouge, Louisiana Children’s Defense Fund Stroller Brigade – parents, grandparents, and children in strollers – made their way by bus and car to the federal building to meet with Senator Mary Landrieu to stand up for critical change needed in health care reform to protect our children. Senator Landrieu knew in advance that “The Strollers Are Coming.” But instead of meeting these concerned moms, dads, and children, she sent out the federal police to deny them all access to the building. “Senator Landrieu’s office is closed and you may not enter the building ,” was the pronouncement by the U.S. Marshall Service officers.

Reached for comment this afternoon, Senator Landrieu’s Washington, D.C. Office personnel stated, emphatically, the Baton Rouge office had not been closed and, indeed, Senator Landrieu is in Louisiana today.

The Champions for Children’s Health Stroller Brigade Rally moves to New Orleans, Louisiana on Saturday, November 7th, with a rally on the steps of the Hale Boggs Building 500 Poydras and a parade to the River at New Orleans Council for Young Children Monument in Woldenberg Park. Events will begin at 9am and parade will start at 10am.

We extend, again, the invitation to Senator Landrieu to meet with our moms, dads, and children to discuss health care reform.

Staff Dysfunction at the New Orleans Office of Inspector General

Featured below is an excerpt from the recent Louisiana Justice Institute report A Vote of No Confidence: The Case for Re-Organization of the New Orleans Ethics Review Board and Office of Inspector General. We continue to highlight sections of this report in this space because we believe that the debate over the future direction of these institutions is important to New Orleans' future. You can download the complete report at NolaPublicRecords.org.

Below, we discuss staff dysfunction and questionable hiring and firing practices at the Office of Inspector General.

The New Orleans Office of Inspector General (OIG) has seen a revolving door of personnel. Since January 2009, 10 of 23 employees have either been fired or have quit. Most of the terminations occurred in the aftermath of controversial events within the OIG, often involving the terminated individuals. Furthermore, all but two OIG employees are classified as civil servants and, therefore, the rules governing their hiring and termination must follow the civil service commission regulations, which carry mandates for hiring selections and due process prior to termination.

There have been several grievances filed by former employees in the OIG, alleging disturbing conflicts with senior management. In his departure letter to the OIG, Daniel Benbow stated,

“The apparent lack of organization and proper tools are extremely detrimental to staff recruitment and retention. While management may muddle around under the present conditions, any staff worth keeping will not. This office has passed the point of no return on excuses, finger-pointing, and other means of procrastination several months ago. It’s time everyone either step up to the plate or get out of the game.”

In response to Benbow’s letter, then Inspector General Robert Cerasoli stated,

“It is my understanding that [Benbow]’s title is Deputy of Audit and Review. I wasn’t aware that [Leonard Odom, Neely Moody], or I were reporting to him. He should concern himself with the functions of the Audit side…I find this e-mail highly offensive…I stepped up to the plate on Sept. 5, 2007 and have been there for one year now. I will not be getting out of the game. I would suggest if [Benbow] wants to, now is a good time."

Another example of the lack of cohesiveness in the OIG is the abrupt ousting of Leonard Odom. In an effort to quickly seat Edouard Quatreveaux as the new Inspector General, Odom’s termination occurred after a series of incriminating reports about the Office of Inspector General were published under Odom’s leadership. In an interview with a reporter of the Times Picayune regarding the abrupt departure of Interim Inspector General Leonard Odom, ERB Chairman Wildes stated, “I wanted to avoid any last minute hires or expenditures.”

Most disturbing has been the October 2009 terminations of two Auditors. These Auditors were fired from the OIG after having produced the report Assessment of the Transition of the New Orleans Office of Inspector General from Inspector General Robert Cerasoli to Interim Inspector General Leonard Odom on January 30, 2009, that was critical of Cerasoli’s management.

In July 2009, Susan Brown and Laura East were directed to prepare a performance review of the OIG to determine the position of the office from its inception through the time of Cerasoli’s departure, and in preparation for the new Inspector General. While working on this performance review, according to East and Brown, they were placed in an office separate from the regular office, given separate keys to this office, and instructed to keep the door locked at all times, for security purposes.

East and Brown uncovered information that they believed had possible implications of waste, abuse, and mismanagement, and took these observations to Interim Inspector General Odom, who directed them to document their findings and, pursuant to City Code Article XIII, Section 2-1120(11)(o), and report it to the appropriate legal authorities, in this case the State Ethics Review Board and the State Inspector General.

On August 28, 2009 the State Inspector General directed Brown and East to meet with the State Legislative Auditor, who informed them that the OIG was being placed under investigation and/or audit.

East and Brown were scheduled to meet with the State Legislative Auditor beginning September 9, 2009, but were denied access. Later, they discovered their offices had been broken into, and documents removed. The report of break-in was made to Chief of Investigations Hugh Fox, who disclosed that the office of the OIG Personnel Manager Sam Stoute had also been vandalized and locked drawers containing confidential records compromised.

The OIG Assessment of the Transition report was particularly critical of Dave Westerling, the Supervisory Forensic Engineer hired from Massachusetts by Cerasoli. It was Westerling who was named Interim Inspector General after Quatrevaux temporarily left office after only one week on the job – and one meeting with the State Legislative Auditor – and Westerling who fired East and Brown.

On September 22, 2009, East and Brown attended an approved forensic accounting conference in Orlando, Florida. However, on September 23, 2009, after Interim Inspector General Westerling received notice from the State Legislative Auditor that East and Brown must be made available for interview immediately upon return from this conference, Westerling sent notice by certified mail and overnight mail – that very same evening – of their termination from employment.

Westerling stated the reason the auditors were fired was because “they failed to show up for work and efforts to reach the two employees about their absences were unsuccessful.” Public records show that Westerling’s statement is false. Leave requests show that both employees had requested time off for a work-related conference related to their functions at the OIG.

Two days after Westerling fired East and Brown, on September 25, 2009, Hugh Fox, the OIG Chief of Investigations charged with investigating possible criminal activity within the OIG, voluntarily separated himself from the Office of Inspector General – effective immediately.

LJI Presents Guest Writer Lance Hill: "The Most Racist City in the US?"

By Lance Hill, Ph.D.
Executive Director, Southern Institute for Education and Research, Tulane University

This week's comments by Ed Blakely, the former New Orleans recovery czar, caused quite a controversy in New Orleans. His criticism that New Orleanians were "lazy" was not new, but his observation about the white community's efforts to "recapture the political apparatus" and "put their foot back on Black people's throats" was the first time a high-ranking recovery official said in public what is a widespread sentiment in the local African American community. It is likely that this perception of a "power grab" will influence voting in the February 2010 city election. The tendency in the white community to ignore or dismiss this Black sentiment is reflected in the Times-Picayune's editorial response that completely omits Blakely's comments on the "blood in the water."

Transcribed from the YouTube interview:

"Everyone's a racist. It's part of something we have in this country, but it's deeper, more viral, and more visible and more entrenched in New Orleans than any place I've ever seen...There is a sense, now, in the white community, [that] there's blood in the water, and they can recapture the political apparatus and kind of put their foot back on Black people's throats. And that will be explosive and very dangerous. And I think unless the next mayor is very clever, it's going to explode and there are going to be race riots in New Orleans."
-Ed Blakely, Former New Orleans "Recovery Czar"

Click here to see the Blakely Interview.

Click here to see the Times-Picayune Editorial on Blakely - which omits the "Blood in the water" reference.

Protests in Support of Health Care Reform Planned for This Weekend

As health care reform slowly moves its way through Congress, the final shape of what the results will look like is still unclear. Unfortunately, real reform - like single payer - was never on the table, and Republicans and conservative Democrats have been standing in the way of even mild improvements, like a robust public option. In New Orleans, the fight over Charity Hospital continues, while Louisiana ranks near the bottom of most indicators of health. Overall the state is 46th in access to healthcare and healthcare outcomes, with the fifth highest rate of uninsured in the country, including a third of African Americans uninsured. The state is also fifth to last in employer-sponsored health insurance

Nationwide, chapters of the Children's Defense Fund (CDF) have been organizing protests called Stroller Brigades, saying, "it is astonishing that we are still begging to make sure children are better off, not worse off," in the legislation. They demand that "Congress and the President support changes that provide comprehensive, affordable, accessible care for all children no matter where they live."

The Louisiana chapter of CDF is organizing rallies in several cities across the state, including Baton Rouge, Alexandra, and Lafayette. The New Orleans protest will be this Saturday, November 7, starting at the Hale Boggs Federal Bldg., 500 Poydras St. Participants assemble at 9:00am, and the march begins at 9:30am.

Photo of Save Charity Hospital Secondline by Taslim VanHattum.

Tell the Obama Administration that the Federal Government Needs to Take Responsibility for Gulf Coast Recovery

Last week, President Obama announced that he was establishing a Long-Term Disaster Recovery Working Group, which will be convening public meetings for input on disaster recovery policy and practices. Gulf Coast activists have expressed hope that this is an opportunity to advise the Obama administration on the steps that need to be taken to ensure the just and equitable recovery that we have been needing for four years.

The Long-Term Disaster Recovery Working Group is co-chaired by Janet Napolitano, Secretary of the Department of Homeland Security, and Shaun Donovan, Secretary of the Department of Housing and Urban Development. Other members of the working group include the secretaries and administrators of 20 departments, agencies, and offices. The Working Group will convene a series of meetings that are detailed on the website www.disasterrecoveryworkinggroup.gov.

The Disaster Recovery Working Group website features a questionnaire for public feedback. The questions display an assumption that the federal government does not bear responsibility for Gulf Coast recovery. For example, question number ten asks, "As disaster recovery is primarily a state and local leadership issue, what are best practices for the timing (including start and end) and form of federal assistance and coordination?"

We encourage you to take the time to carefully complete the questionnaire, and please consider including the recommendations by the Gulf States Human Rights Working Group (which you can find at KatrinaAction.org) and the Katrina Citizens Leadership Corps (online at childrensdefense.org), which call on the Obama administration to implement the UN Guiding Principles on Internal Displacement, which call for the US government to take responsibility for the recovery of internally displaced people.

You can go to www.disasterrecoveryworkingroup.gov to complete and submit the Long-Term Disaster Recovery Working Group questionnaire for public feedback online.

Photo of President Obama in New Orleans by Abdul Aziz.

New Orleans' Housing Crisis Takes Violent Turn

On Thursday, many New Orleanians were captivated and alarmed by the story of Richard Scearce, 59, who apparently turned suicidal when faced with eviction from his apartment. "I'm old, fat and crippled," he told a Times-Picayune reporter. "I'm not going out on the streets to live. Let them come get me." Scearce had apparently rented from landlord Craig Tolbert since 2005, but had fallen behind this month and was facing an impending eviction. Instead of leaving, Scearce barricaded himself in his apartment, started a small fire, and repeatedly fired an assault rifle into his neighborhood.

While the background and many details of Scearce's story remain unclear, the incident comes at a time of continued job loss and economic instability. Evictions around the US are still increasing, and anxiety about housing is everywhere.

In New Orleans, rents are now more than 50% higher than before Katrina, more than 65,000 residential addresses remain empty or unlivable, and the city's homeless population is estimated at about 12,000. This means that more than 3% of the city's population has no place to live. If New York City had a similar percentage, the equivalent proportion would add up to a quarter million people. It's for exactly this reason that our city hosted United Nations Special Rapporteur on Housing Raquel Rolnik last weekend. We are in a crisis, locally and nationally.

In cities around the country, people are turning to direct action. The US Human Rights Network has formed The Land and Housing Action Group, with "an ambitious campaign to house tens of thousands displaced by the destruction of public housing, foreclosures, and other means of forced eviction." According to organizers, "the overall objective of this campaign is to compel the United States government to recognize that housing is a fundamental human right and to meet its obligations under international law." Organizations like Take Back The Land in Miami have already taken the lead, moving homeless families into empty homes in defiance of banks and local sheriff's departments, and have received wide support from their community.

Hopefully, the combination of grassroots action and international pressure will result in real change for those who need it the most.

The New Orleans Ethics Review Board's Questionable Hiring Practices

Featured below is an excerpt from the recent Louisiana Justice Institute report A Vote of No Confidence: The Case for Re-Organization of the New Orleans Ethics Review Board and Office of Inspector General. We continue to highlight sections of this report in this space because we believe that the debate over the future direction of these institutions is important to New Orleans' future. You can download the complete report at NolaPublicRecords.org.

Below, we highlight more reasons that the Ethics Review Board has squandered the public trust - questionable hiring practices overseen by the Board.

Executive Director Jill Poutré

If the ERB would serve as a catalytic agent for governmental accountability in New Orleans, no doubt there would need to be strong leadership at its helm. However, based on the recommendation of then Inspector General Robert Cerasoli, the the ERB hired Jill Poutré to serve as its Executive Director, when she was an inexperienced 22 year old college senior, who had not yet graduated. Mr. Cerasoli had been Ms. Poutré’s college instructor. The ERB did not advertise the executive director position even though the salary and benefits come to $90,000/year. The duties of the ERB executive director include management of the budget for the office, handling of evidence, scheduling hearings, reports, and investigations. However, at the time of her hiring, Ms. Poutré had no relevant job experience, and never worked in a full-time professional position. Her previous employment was working part-time at a window treatment business with compensation of $10/hour.

Inspector General Eduoard Quatrevaux

In the wake of Robert Cerasoli’s departure from the Office of Inspector General, the ERB launched a nationwide search to find his replacement. That search ended in early September 2009 with the hiring of Edouard Quatrevaux. As a result of the OIG’s lack of established hiring protocols, there are several major issues with the search and subsequent selection process.

From public records, it appears that the Inspector General position was advertised inconsistently in several places. The Inspector General position that was posted on the Career Builder website in the “Accounting and Audit” area, where many people with accounting backgrounds, but no experience or certification as an Inspector General, applied.

The same can be said for applicants who found the position posted on the Nola.com website, the Association of Certified Fraud Examiners website, the Council on Governmental Ethics Laws website, the Association of Local Government Auditors website, and the Institute of Internal Auditors website. Thus, the applications were insufficient. The advertisement instructed applicants to send their résumé, letter of interest, three letters of recommendation, and college transcripts by August 31, 2009.

Overall, it appears that sixty-two (62) of the sixty-four (64) rejected applications were missing one or more critical items. Although the OIG cast a wide net for its job search, it resulted in few qualified applicants. Of the 68 applicants who applied, only four, according to the Ethics Review Board (ERB), were deemed qualified to serve as the Inspector General. According to the ERB, the other 64 applicants “were found ineligible due to lack of Certified Inspector General (CIG) certification and/or inability to meet the four (4) year absence from the City requirement per City Code Sec. 2-1120 (3) (h).” One of the four, Gary Weishaar, does not list CIG certification in his résumé. Another, current IG Quatrevaux, appended his application package on August 21, 2009 to include notification of his CIG certification on that date.

The office announced the hiring of its new IG on September 3, 2009, just three days after the final application deadline.

While the ERB is not responsible for the deficiencies in the majority of the applications, the decision to hire an IG from a weak pool of applicants is entirely an ERB decision. This search, which lasted more than six months, yielded only four qualified candidates. It is understandable that the office was eager to fill its top position in a timely fashion, but the rationale of the hiring committee to make a selection among only four qualified applicants is questionable.

It is unclear how many individuals have CIG status, and how large the pool of individuals qualified for the Inspector General position really is. The designation of CIG status is conferred by the Association of Inspectors General, a national organization of which certified Inspectors General are members. The Association of Inspectors General did not respond when inquired about their program and its former attendees. There is no way to know if a pool of four was representative of only a small number of people being qualified for the post, or if the search simply yielded few results from a much larger pool.

The lingering question is why Mr. Quatrevaux was selected to be interviewed for a position that he did not qualify for, while so many other candidates with equal, if not better qualifications, were not selected to be interviewed. For the public, the issue is whether the OIG has the best person at the helm, and whether there was a level playing field for every non-CIG candidate, like Mr. Quatrevaux, to be interviewed for the position of the Inspector General.

Interim Inspector General David Westerling

The ERB appointed David Westerling – a former Cerasoli colleague in Massachusetts – as the Interim Inspector General during Inspector General Edouard Quatrevaux’s leave of absence. Prior to the appointment, Mr. Westerling (pictured above) worked in the OIG as the Supervisory Forensic Engineer. However, the ERB’s appointment of Mr. Westerling may have violated the Article XIII, Section 2-1120(3)(i) proscription, [n]o officer or employee of the office of the inspector general shall hold office in any political party or political committee, or participate in any political campaign of any candidate for public office, or make any campaign contribution or campaign endorsement, while an officer or employee of the office of inspector general.”

Mr. Westerling was elected to public office as Town Moderator of Harvard, Massachusetts in 2003 and served until June 9, 2008. Westerling back-dated his resignation letter, and his notice to the Harvard Town Hall (written from his home in Harvard) was not received until June 11, 2008 – nine (9) days after he began work at the New Orleans OIG, which is a clear violation of the New Orleans municipal code. Further, there is no evidence he resigned all political affiliation associated with that position.

The New Orleans Ethics Review Board's failure to file financial disclosures

Featured below is an excerpt from the most recent report from the Louisiana Justice Institute: A Vote of No Confidence: The Case for Re-Organization of the New Orleans Ethics Review Board and Office of Inspector General. We believe that the debate over the future direction of these institutions is important to New Orleans' future. You can download the complete report at NolaPublicRecords.org.

Loss of Public Trust

The loss of public trust is evidenced by the citizen outcry for complete system reform. To date, many troubling issues have gone unaddressed, including financial reporting by the ERB, concerns of cronyism/favoritism in hiring at ERB and OIG, and staff dysfunction and instability.

The Louisiana Code of Government Ethics, §1124.2.1: "Financial disclosure; members of boards and commissions, requires each member and any designee of a member of a board or commission that has the authority to expend, disburse, or invest ten thousand dollars or more of funds in a fiscal year, to annually file a financial statement as provided by law." Notwithstanding this legal requirement, on October 16, 2008, ERB President Kevin Wildes sought and obtained an Advisory Opinion from the State of Louisiana Board of Ethics that was premised on the ERB’s claim that it “does not have the authority to expend, disburse, or invest $10,000 or more in funds, and does not have the authority to make recommendations that must be followed on the expenditure, disbursement or investment of such funds.”

The ERB’s statement to the Louisiana Board of Ethics was materially false, however. In fact, the ERB and OIG had already received authority to independently expend $300,000 and $3,130,000, respectively, for FY 2008, and $300,000 and $3,197,300 respectively for FY2009.

Furthermore, municipal ordinance proscribes the Mayor and the New Orleans City Council from controlling the ERB and OIG expenditures.

The ERB’s claim that it is exempted from the state law financial reporting requirement is a material breach of trust by the ERB, especially considering the Home Rule Charter and Municipal Code of the City of New Orleans mandate that the ERB is responsible for enforcing a similar reporting requirement for the Mayor, members of the City Council, city department directors, and other high ranking city employees.

LJI Community Profile: Housing Advocate Sam Jackson Speaks Out About Tomorrow's Visit From The UN

Sam Jackson is a housing activist and the founder of the housing rights organization May Day New Orleans. Below is a short discussion with Sam about tomorrow's visit from United Nations Special Rapporteur on Housing Raquel Rolnik.

LJI: What should New Orleanians know about tomorrow's visit from the UN Special Rapporteur on Housing?
Sam: This is a very important visit for New Orleans and the Gulf Coast. Having these high profile international guests should bring hope to all us concerned about Gulf Coast recovery, because it shows that even if our government doesn't view adequate housing as a human right, maybe there are people around the world that do.

LJI: What is adequate housing?
Sam: Decent housing, low income housing, fair housing. Anything that would make a family comfortable. For instance, folks in New Orleans can't afford to rent right now. We need adequate, affordable housing, so low income folks can have a place to stay.

LJI: What can the UN do to improve conditions on the Gulf Coast?
Sam: I'll be honest with you. The UN cant do anything directly. They can't change US law. They can't bring a lawsuit. But what the UN can do, they can raise questions with the US government about these issues, and bring international pressure on the US to do something. They can raise the issue about doing something to fix some of our laws - like the Stafford Act, which doesn't guarantee any kind of rights to the victims of disasters.

As it is now, we cant get anyone in the government to pay attention to what happened here. So we bring in the UN representatives and let them know what's happening, and then people start to ask, why do we have to get folks from outside the country to come visit us? Why couldn't we get folks from our own government to visit?

That's why we need international pressure. The UN is important for the pressure they bring. And this is not just for New Orleans, this is happening in six cities. This visit has already been a major event in New York and all other places they've been visiting.

LJI: Why should people from New Orleans come out tomorrow night to make their voices heard by the UN?
Sam: I urge people to participate, come out and speak their mind. Folks got human rights. All of us. Folks need to come out to let the world know what happened here. I would say to people: This is your country, most of you have lived for generations and generations here. If you don't fight now, our grandchildren will be going through the same thing. Right now, all around the US, the poor is really left out. This could be a once in a lifetime chance to do something that takes this struggle up to another level.