Sunday, September 16, 2007

You get what you vote for

Actions have consequences, and sometimes they come like a flood.

New Orleanians are finding that out the hard way -- the really hard way -- since Hurricane Katrina, being that they never learned that lesson before Katrina and the feds wrecked their already-struggling city.

Most folks could see that there would be major consequences from re-electing a dithering dunderhead like Ray Nagin as mayor. But nooooooooo, the fine citizens of the Crescent City re-elected the dope anyway, figuring that acting the same old idiotic way in the voting booth surely would produce positive results this time.

Guess what.

The Times-Picayune reports on yet another bad thing that happens when you play electoral roulette with five bullets in a six-shooter:

With millions of FEMA dollars already approved for myriad stalled infrastructure projects in New Orleans, federal officials this week questioned City Hall's continued insistence that technical issues in its own charter prevent local officials from getting the work done.
Mayor Ray Nagin's legal analysis of the city charter dictates that officials can't let any contract unless the city has 100 percent of the money available, an argument the mayor first brandished in a bid for massive upfront payments of Federal Emergency Management Agency repair grants. After federal and state officials declined such entreaties - instead requiring signed contracts and completed plans before making payments - city officials have since repeatedly raised the charter issue when asked about the glacial pace of progress on FEMA-approved projects.

The issue emerged again after the city and FEMA faced fresh pressure last week from fire officials and a new foundation created to help rebuild the city's still-fractured fire apparatus. FEMA officials deflected blame to the city, saying local officials simply haven't spent $9.1 million the federal agency has approved, through its Public Assistance grant program, for Fire Department repairs and to replace destroyed building contents.

The city remains stymied by a host of factors, said Deputy Chief Administrative Officer Cynthia Sylvain-Lear, including squabbles over repair costs with FEMA, a shortage of architects and questions regarding station design.

But the legal issue with the charter remains the biggest obstacle, Sylvain-Lear said.

That the city continues to cling to that rationale perplexed FEMA officials, who said the Nagin administration told them months ago they'd resolved the charter issue. FEMA minutes from a June 21 meeting with Nagin and at least one aide, Becca O'Brien, say: "City reported that the city attorney has ruled on the 100% funds available before entering into a contract issue and it is NO LONGER a problem."

FEMA administrators didn't know details of the city's legal analysis, but were simply relieved that it had been put to rest.

Nagin spokesman James Ross, after conferring with the mayor, said Friday that Nagin doesn't recall telling FEMA the matter had been resolved, and that the charter language is still an obstacle.

The charter language cited by the Nagin administration - Section 6-308(2) - says this: "Prior to signature, contracts involving financial obligations by the city shall be approved also by the Department of Finance as to the availability of funds in the amounts and for the purposes set forth therein."

The language appears, at the very least, open to interpretation. For instance, while the city interprets the language as a requirement that all funds must be on hand, the rule also could be interpreted to mean the city's finance director simply must sign off that the money - having been approved by the federal government - is available.

Officials in Gov. Kathleen Blanco's administration who partially control the flow of Public Assistance grants declined comment on the charter question.

While millions in federal money dedicated to firehouses remain untapped, most repairs at the stations to date have come through volunteer labor, donations and work by the firefighters themselves.

Sylvain-Lear confirmed that no more than modest repairs have been carried out at firehouses using federal grants, although some roof repairs are about to start. She said of the slow progress: "It's not out of a lack of desire . . . you can't build something without money."

Citing the legal issue with the charter, Sylvain-Lear said the city has struggled with state procedures allowing for no more than 75 percent of the cost to be advanced from a FEMA grant, and FEMA's approval to reimburse the full cost of a project doesn't meet the charter requirement because that offer can later be revoked, she said.

FEMA spokesman Bob Josephson said that while FEMA can revoke money for a project if it is found to have been misused, that happens rarely and usually not until well after a project is done - during a records closeout phase.

Moreover, he said, if the charter poses an obstacle to rebuilding contracts, city officials could simply seek a change in charter language. That would require majority approval from voters in an election, after a charter amendment is proposed by the City Council or through a petition of 10 percent or 10,000 of the city's registered voters, whichever is less.

For firehouse projects - and many other infrastructure needs - Nagin administration officials claim they need major upfront money from the sale of state or city bonds. The State Bond Commission has given preliminary approval for the sale of $300 million in bonds for city and Sewerage & Water Board projects, and the Board of Liquidation City Debt is considering a $75 million sale from a 2004 bond issue that can be used for certain repair projects.

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