The page concerns the actions of the Louisiana State Joint Legislative Committee on the Budget (JLCB)
[Updated July 8, 2013]
This blog’s concern regarding the JLCB involves its role as the enforcer on state Cooperative Endeavor Agreements (CEAs). The legal parent of these CEAs is La. Revised Statute 39:366.1 et seq, otherwise known as the Accountability for State Resources Act.Its Purpose and Goals showcase the extolled high ideals of Louisiana Government in stewardship over public resources and assets (but has often failed to uphold its responsibility). Under La. R.S. 39:366.2, the Purpose and Goals behind CEAs are outlined:
§366.2. Purpose and goals
A. The purpose of this Part is to ensure that the elected leaders of state government are informed and accountable for the use made of state resources that are obligated, dedicated, or otherwise are committed to the operation, management or control of or are necessary to the confection of agreements with nonpublic persons that are entered into pursuant to a public purpose or to ensure the protection of the interests of the state.
B. Accountability requires that elected state leaders have clear, timely, complete, and relevant information regarding the use of state resources. The nature of negotiations of cooperative endeavors and litigation settlements requires that such information be provided carefully so as not to jeopardize the best interests of the state. The goal of this Part is to establish a process by which such information can be provided, accountability can be ensured, and the best interests of the state are protected.
Acts 2005, No. 329, §1, eff. Jan. 1, 2006.
Per La. Revised Statute 39:366.11 that is often cited in state CEA documents, of particular interest and relevance here is R.S. 39:366(2)(c) and (3):
(2) The following information shall be provided:
(a) The public purpose sought to be accomplished by the cooperative endeavor.
(b) The reason a cooperative endeavor with the nonpublic person is the preferred means by which to accomplish the public purpose as opposed to competitively bid or competitively negotiated contract.
(c) The nature and amount of all state resources being obligated, the nature of the obligation, and the expected duration of the obligation.
(3) The Joint Legislative Committee on the Budget by official action of the committee communicated in writing by the chairperson of the committee to the state agency may prohibit the state agency from entering into a cooperative endeavor agreement for failure to provide the information required in Paragraph (2) of this Subsection.
It is clear that Section (c) is not being honored by LSU. The Chairman of JLCB and its members need to be pushed into action and deny these CEAs NOW! May this blog page help spur this action.
NEWS of interest:
June 21, 2013: The Advocate: Prisons keep LSU medical pact
June 21, 2013: The Times-Picayune/NOLA.com: Texas firm hired for Louisiana prisoner’s telemedicine care
June 21, 2013: The Advocate: Legislators question contracting with Texas firm over LSU
June 21, 2013: The Advocate: Legislators questions impact of privatization on women’s health care
June 20, 2013: The Times-Picayune/NOLA.com: Wary Louisiana lawmakers want details filled in on LSU hospital privatization deals