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Program A: Administrative

Program Authorization: La. Constitution of 1974, Article IV and Article IX, Section 1; Louisiana Revised Statutes, Titles 38, 39 and 43; R.S. 49:213.1-214.5; R.S. 15:151 et seq.; R.S. 51:2231 et seq.; Act 216 of 1990 Regular Session; Act 396 of 1991 Regular Session; Act 637 of 1997 Regular Session; Act 6 of 1989 Extraordinary Session; Act 1361 of 1997;Executive Order Nos. EWE 86 - 21, EWE 92-4, MJF 96-8, and MJF 96-47; Section 507 of the 1990 Clean Air Act Amendments; Public Law 102-240, Title I, Part B; Chapter 58, Title 10, U.S. Code; Oil Pollution Act of 1990 (PL 101-380)

PROGRAM DESCRIPTION

The mission of the Administrative Program of the Executive Office of the Governor is to manage the governor's action initiatives and oversee implementation of gubernatorial policies, respond to constituent requests, and provide the general administration and support services required by the governor. This mission is further defined by the mission of the activities in the Executive Office.

The goals of the Administrative Program of the Executive Office of the Governor are expressed in the goals of the activities included in the program.

The Administrative Program of the Executive Office of the Governor includes the following activities: Office of Urban Affairs and Development, Office of Rural Development, Louisiana Oil Spill Coordinator's Office, Office of Coastal Activities, Troops to Teachers Program, and Louisiana Indigent Defenders Board.

The mission of the Governor's Office of Urban Affairs and Development (OUAD) is to address the special health, safety, and socioeconomic concerns of a significant population of Louisiana's disadvantaged residents living in urban areas and provide resources to help these inner-city dwellers enhance and improve their quality of life. The goals of the operate the program with proper management and accountability, thorough monitoring, and technical assistance so the office can ensure maximum use of each dollar disbursed and provide funding to nonprofit organizations which offer tutorial services in math, reading, computer training, elderly assistance, housing referrals, medical support, vocational training, and counseling in substance abuse and teen pregnancy. The Governor's Office of Urban Affairs and Development administers funds appropriated by the legislature and makes these funds available to nonprofit organizations that address the concerns of Louisiana's disadvantaged residents in urban areas.

The mission of the Governor's Office of Rural Development is to reach all of Louisiana's rural communities with resources to help them grow and to benefit the lives of their citizens. The goals of the Office of Rural Development are to provide funding to projects that will increase the fire safety, clean drinking water, economic development and public health resources, and other infrastructure of rural communities throughout the state. The Governor's Office of Rural Development awards and monitors grants to projects based on an evaluation process and the eligibility level of the project sponsor; contacts and meets with state and federal agencies to gather information on rural programs; and monitors federal legislation regarding the Empowerment Zone/Enterprise Community by expanding local knowledge of the application process and potential funding.

The mission of the Louisiana Oil Spill Coordinator's Office (LOSCO) is to minimize the harmful effects of oil spills to the environment, public health and welfare, the wildlife and aquatic life, and the economy through prevention, planning, response, and damage assessment from authorized discharges of oil. The goals of the Louisiana Oil Spill Coordinator's Office are: minimize the threat of oil release by coordinating efforts for locating and removing abandoned vessels, structures, pits, and wells which pose a high risk unauthorized discharge of oil; seek new research and innovative methods for cleaning oil spills; and strengthen the response capabilities of the state and federal trustees along with industry through educational training and drills. The Louisiana Oil Spill Coordinator's Office, under the direction and control of the Governor, assists the legislature in fulfilling its duties to protect, conserve, and replenish the natural resources of this state in accordance with Article IX, Section 1 of the Constitution of Louisiana and also supports and complements the federal Oil Pollution Act of 1990 (Public Law 101-380).

The mission of the Governor's Office of Coastal Activities is to provide aggressive state leadership, direction, and consonance in the development and implementation of policies, plans, and programs which encourage multiple uses of the coastal zone and achieve a proper balance between development and conservation, restoration, creation, and nourishment of coastal resources. The goal of the Governor's Office of Coastal Activities is to develop a comprehensive policy addressing the conservation and restoration of coastal wetlands resources and other coastal issues which builds upon the consensus viewpoint of federal and state agencies, local governments, user groups, coastal residents and the public at-large. Coastal Activities was established by law to lead the effort to solve the recognized catastrophic long term coastal erosion problem in Louisiana. The official mission of the office is articulated by Act 6 of 1989 Regular Legislative Session.

The mission of the Louisiana Troops to Teachers Program is to improve overall Louisiana education by providing motivated, experienced, and dedicated teachers for the state's classrooms and relieving teacher shortages by placement assistance to military personnel and Department of Defense and Energy civilian employees affected by the military "drawdown". The goal of the Louisiana Troops to Teachers Program is to facilitate the certification and employment of veterans and former Department of Defense and Energy employees as teachers and teachers' aids in Louisiana's public schools. The Troops to Teachers Program conducts the following activities: counsels and advises Troops to Teachers participants on certification procedures, certification training programs, and employment opportunities; promotes the Troops to Teachers program with Louisiana school districts; coordinates placement assistance actions with other agencies, activities, and stakeholders such as colleges and universities, Department of Education, Department of Labor, Department of the Military, the Louisiana Legislature, Louisiana's business community, civic organizations, teachers' organizations, and parents; and providing accountability to the Defense Activity for Non-Traditional Education Support (DANTES).

The mission of the Louisiana Indigent Defender Board is to improve the criminal justice system and the quality of criminal defense services delivered to individuals charged with violating criminal laws of this state and unable to afford counsel. The goals of the Louisiana Indigent Defender Board are: develop, promulgate, and enforce the standard and guidelines for indigent defense in capital, felony, and appellate matters; develop standards and guidelines affecting the qualifications and compensation of attorneys involved in indigent defense; develop and implement uniform criteria for the determination of indigency; develop and implement cost recovery and recoupment programs to assure that those individuals having the ability to contribute part of the cost of their defense do so; develop and implement performance standards and criteria for performance of indigent defense programs throughout the state; provide adequate funding levels for the indigent defense programs throughout the state; provide adequate and regular training of indigent defense counsel; develop and implement recordkeeping and reporting of financial information, caseload statistics, and other data by the district indigent defender programs; develop and implement pro bono within regions comprised of district indigent defense programs; and develop and implement standards relating to the number, type, and cost of expert witnesses and test recommended in various circumstances and types of trials. The Louisiana Indigent Defender Board is actively engaged in the serious study of criminal justice issues affecting the rights and obligations of indigents accused of crimes in this state.

OBJECTIVES AND PERFORMANCE INDICATORS

1. In FY 1998-99, the Administrative Program, through the Governor's Office of Urban Affairs and Development, will increase by 5% the number of nonprofit organizations serving disadvantaged residents in urban areas that the program funds.

2. In FY 1998-99, the Administrative Program, through the Governor's Office of Urban Affairs and Development (OUAD), will increase the number of disadvantaged residents served by organizations receiving funds from OUAD by 12%.

3. In FY 1998-99, the Administrative Program, through the Governor's Office of Urban Affairs and Development, will ensure proper management and accountability of dollars disbursed to nonprofit organizations by conducting monitoring visits to organizations receiving funds.

4. In FY 1998-99, the Administrative Program, through the Governor's Office of Urban Affairs and Development (OUAD), will increase the percentage of acceptable audits of organizations receiving funds from OUAD to 97%.

5. In FY 1998-99, the Administrative Program, through the Governor's Office of Rural Development, will fund basic infrastructure needs of rural communities.

6. In FY 1998-99, the Administrative Program, through the Governor's Office of Rural Development, will monitor and document project performance, with 92% of local governmental agency/grant recipients contacted every 45 days, 100% of local government agency/grant recipients contacted every 90 days, and 100% of projects closed with full documentation within two years.

7. In FY 1998-99, The Administrative Program, through the Governor's Office of Rural Development, will manage the Rural Development Grant Fund, closing 92% of open projects with full documentation within two years, and holding administrative costs to less than 8% of funds administered per year.

1 New indicator for which data are not currently available. The Governor's Office of Rural Development will gather and report this data in future years.

8. The Administrative Program, through the Governor's Office of Rural Development, will direct projects to alternate federal/state/local governmental agencies, increasing the number and value of projects referred for technical assistance by 8% per year so that in five years 49% of projects will be guided to alternative sources, and increasing the completion rate of technical assistance projects over two years to 66% and over five years to 75%.

1 New indicator for which data are not currently available. The Governor's Office of Rural Development will gather and report this data in future years.

9. The Administrative Program, through the Governor's Office of Rural Development, will guide projects to foundations, corporate giving, and charity programs.

1 New indicator for which data are not currently available. The Governor's Office of Rural Development will gather and report this data in future years.

10. In FY 1998-99, the Administrative Program, through the Governor's Office of Rural Development, will produce and distribute a research manual for rural local governments and agencies.

11. The Administrative Program, through the Governor's Office of Rural Development, will establish one new Empowerment Zone/Enterprise Community (urban or rural) in Louisiana by December 1998.

1 There are currently four Empowerment Zone/Enterprise Communities--two urban Enterprise Communities (Orleans Enterprise Community and Ouachita Enterprise Community) and two rural Enterprise Communities (Northeast Delta Enterprise Community and Macon Ridge Enterprise).

12. The Administrative Program, through the Governor's Office of Rural Development, will increase outreach to communities by 12% in five years.

13. The Administrative Program, through the Governor's Office of Rural Development, will increase the number and/or dollar value of recreational projects in local communities with local matching funds at 175% of funding and administration of the federal recreational grant fund with administrative costs less than 2%.

14. The Administrative Program, through the Governor's Office for Rural Development, will complete the Louisiana portion of the Mississippi River Trail Project within three years.

15. The Administrative Program, through the Louisiana Oil Spill Coordinator's Office (LOSCO), will remove the 12 most serious barges from the prioritized state inventory by the year 2003. The office will remove one vessel by June 30, 1998, and at least two per fiscal year thereafter.

1 The Louisiana Oil Spill Coordinator's Office (LOSCO) has completed an inventory of 802 abandoned barges. Of the 160 containing harmful amounts of oil or oil-based material, the LOSCO has prioritized the 12 most serious ones for removal. To accomplish this in a timely and fiscally responsible, the LOSCO has partnered with the Environmental Protection Agency and the U.S. Coast Guard (District 8) under a Joint Operating Procedure. By law, the LOSCO can spend up to $1 million per year for removal of these vessels.

16. In FY 1998-99, the Administrative Program, through the Governor's Office of Coastal Activities, will coordinate and focus the functions of all state agencies as they relate to conservation and restoration of coastal wetlands resources and other coastal issues.

17. In FY 1998-99, the Administrative Program, through the Governor's Office of Coastal Activities, will represent the policy and consensus viewpoint of the state at federal, regional, state, and local levels with respect with wetlands conservation and restoration.

18. In FY 1998-99, the Administrative Program, through the Governor's Office of Coastal Activities, will work toward the resolution of coastal issues between federal and state agencies, local governments, user groups, coastal residents, and the public at large, serving as the clearinghouse for idea development and information transfer on coastal issues and sponsoring at least one workshop for the purpose of resolving user conflicts associated with restoration project implementation.

19. In FY 1998-99, the Administrative Program, through the Governor's Office of Coastal Activities, will educate and inform the public by increasing public awareness of the coastal wetland crisis and of the efforts and accomplishments being made to solve these problems.

1 The projected start date for designing the web page is July 1, 1998. The web page should be on-line by December 31, 1998.

20. In FY 1998-99, the Administrative Program, through the Governor's Office of Coastal Activities, will advise the governor, legislature, congress, and parish and municipal governments on issues affecting coastal wetlands restoration and management.

21. In FY 1998-99, the Administrative Program, through the Troops to Teachers (TTT) Program will maintain or exceed a placement level of 200 qualified individuals every two years in teaching positions throughout Louisiana's public school system.

1 Site did not exist prior to FY 1997-98.

2 Since the July 1995 inception of this program, 326 teachers have been placed in 35 of Louisiana's parishes. At least 126 of these teachers have been fully certified civilian teachers.

Quality Indicator: The Defense Activity for Non-Traditional Education Support (DANTES) declared Louisiana's program a model for the nation and filmed a national video in Louisiana promoting the Troops to Teachers program for distribution to military bases across the nation.

22. The Administrative Program, through the Louisiana Indigent Defenders Board (LIDB), will provide counsel and support in 15% of the capital cases being prosecuted in Louisiana, with a 5% increase each year for the next five years. The LIDB will provide direct attorney support in 75% of the cases covered; investigative and attorney support in 90% of the cases covered; and technical assistance, team management, and case coordination in 100% of the cases covered. In FY 1998-99, the Administrative Program, through the LIDB, will provide some level of funding in 36.7% of the active capital cases in Louisiana.

Explanatory Note: Available statistics demonstrate that there are approximately 214 capital indictments being prosecuted in Louisiana at any given time. Adding to this number the charges of capital murder that have not yet been presented to a grand jury, there are approximately 300 individuals in need of qualified, certified counsel during a 12-month period.

23. The Administrative Program, through the Louisiana Indigent Defenders Board (LIDB), will handle 100% of the felony appeals filed by indigent clients within the next two years, while maintaining quality assurance and timely filed briefs. In FY 1998-99, the Administrative Program, through the LIDB, will retain highly motivated and trained attorneys willing to handle 30-40 felony appeals in a 12-month period. The attorneys will submit timely briefs, negating the necessity of extensions and disruption in appellate court dockets. Appellate attorneys will file briefs in a accordance with the specific rules of the appellate court and will argue only those issues that reasonably could be said to warrant relief.

1 Given caseload levels, it is estimated that one contract attorney should be able to handle an average of 35 appeals in a 12-month period, with supervisors handling an average of 30 appeals in the same length of time.

2 The number of briefs actually filed cannot be given until the end of the fiscal year.

CRIMINAL APPEALS HANDLED BY THE LOUISIANA INDIGENT DEFENDERS BOARD (LIDB)

 

1994

1995

1996

1997

1998

Number of criminal appeals filed

1,086

1,075

1,090 1

1,095 1

1,100 1

Number of cases handled by district 2

1,032

1,021

294

100

0

Number of cases handled by LIDB

0

0

742

940

1,045

1 The number of criminal appeals filed is given as an estimate based on current and projected statistics currently available.

2 It is estimated that district indigent defender programs handle approximately 95% of all criminal appeals filed in the Appellate Courts of Louisiana.

Source: Louisiana Indigent Defender Board

24. The Administrative Program, through the Louisiana Indigent Defenders Board (LIDB), will provide supplemental funding in every district defender office.

25. In FY 1998-99, the Administrative Program, through the Louisiana Indigent Defenders Board (LIDB) will increase the use of authorized expert assistance in cases where these services would assist in the resolution of the case in a fair and defendable manner. The LIDB will properly train attorneys n the use of and necessity for specific experts.

Explanatory Note on Performance Indicators:

Each case is tracked and specifically monitored if the need for experts appears from the record. When experts are needed, financial restrictions are placed on the public defender office to ensure that the funds available are spent wisely and in accordance to the published schedule of the LIDB.

By tracking cases, the LIDB is able to record the number of cases needing expert services, the types of services needed, the costs of these services, and the frequency with which specific services are needed. From the overall caseload, we can determine the percentage of cases needing particular expert of scientific services.

Although largely subjective, the effectiveness of using an expert or scientific test can be measured. In cases where the accused is arguing for a change of venue, one can track (as the LIDB has done in four cases last year) track the trial court's ruling on the motion before an expert pollster was retained and then after. In three of the four cases, the trial was moved following the data collected and testimony given by the expert or scientific service to gather information on the attorney's satisfaction with the given services.

Efficiency is measured in savings to the criminal justice system. Prior to the establishment of the Program, local governmental authorities and district court systems were forced to shoulder much of the financial responsibility for these services, without state-wide monitoring or fee schedules. The LIDB has been able to reduce the overall costs of these services by determining a reasonable fee and providing only this amount for the services; the LIDB has also moved to take over the financial responsibility for funding these services, thus relieving local governmental authorities and district court systems of these costs.

Having the involvement of experts in the criminal process significantly increases the reliability, accuracy, and competence in the trial process. Trial judges and juries are now allowed to consider all relevant issues involved in particular evidentiary matters. The proper use of experts also instills public confidence in the criminal justice process and individual case outcomes.

26. The Administrative Program, through the Louisiana Indigent Defenders Board (LIDB), will handle 100 pro bono cases in FY 1998-99 and 200 cases in FY 1999-2000.

1 The LIDB actively participates in training a pool of attorneys around the state; these attorneys traditionally practice outside the criminal defense arena. Following the third year of the program, the pool of attorneys will be large enough to handle cases at a much larger rate of increase to that proposed for the first three years of existence.

2 Each case handled by a pro bono attorney saves the public defender the amount of that case level cost or a portion of that amount if the case is handled at a reduced rate rather than free of charge. The LIDB has not been billed by attorneys in the pro bono cases currently being handled.

27. In FY 1998-99, the Administrative Program, through the Louisiana Indigent Defenders Board (LIDB), will design and provide a statewide reporting system for the public defender offices, offsetting the cost of the necessary software to the extent allowed by the budget. The LIDB will work to provide a standard and articulated method for determining the indigence of an accused, the cost of defense services, and the possibility of financial contribution to the system by indigent clients.

Explanatory Note on Performance Indicators: The LIDB will be able to demonstrate success through the proper and accurate reporting of statistics on a statewide level. By promulgating stricter indigency standards, the number of clients should be reduced and those clients able to contribute a part of the costs of the defense will be required to reimburse the system.

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with state general fund, interagency transfers, Statutory Dedications and federal funds. Interagency transfers are derived from the Coastal Wetlands Trust Fund in the Department of Natural Resources for the Office of Coastal Activities; from the Department of Education for the Louisiana Education Achievement Results Now (LEARN) Commission; from the Department of Social Services for the Statewide Independent Living Council; from the Department of Economic Development for a CODOFIL liaison; and from the Department of Social Services for the Governor's Children's Cabinet. Statutory Dedications are derived from the Oil Spill Contingency Fund, the Rural Development Fund, and the Disability Affairs Trust Fund. (Per R.S. 39:32B. (8), see table below for a listing of expenditures out of each statutory dedicated fund.) Federal Funds are derived from the Coastal Wetlands Protection and Restoration Act, Title III of S.2244(P.L. 101-646), the United States Department of Agriculture and the United States Department of Education.

ANALYSIS OF RECOMMENDATION

GENERAL FUND

TOTAL

T.O.

 

DESCRIPTION

 

 

 

 

 

$22,262,263

$37,212,421

52

 

ACT 18 FISCAL YEAR 1997-1998

 

 

 

 

 

 

 

 

 

BA-7 TRANSACTIONS:

$2,253,213

$5,420,748

0

 

Carryforward for various Rural Development projects

$0

$345,756

0

 

Carryforward for various Oil Spill projects

$0

$516,324

0

 

Rural Development Fund increase for various projects from accrued interest earnings

$0

$131,990

0

 

Rural Development Fund increase due to the receipt of federal funds to provide police and fire training in rural areas

 

 

 

 

 

$24,515,476

$43,627,239

52

 

EXISTING OPERATING BUDGET - December 10, 1997

 

 

 

 

 

($2,253,213)

($5,766,504)

0

 

Non-Recurring Carryforward for various Rural Development and Oil Spill projects

($180,000)

($180,000)

0

 

Non-Recurring Adjustment(s) for expenses associated with hosting the Louisiana Games

($19,300)

($19,300)

0

 

Non-Recurring Adjustment(s) for Professional Services Contracts

$0

($516,324)

0

 

Non-Recurring Adjustment(s) for Rural Development accrued interest earnings

$0

($131,990)

0

 

Non-Recurring Adjustment(s) for Rural Development projects related to police and fire training

$63,796

$63,796

0

 

Equipment/Major Repairs Adjustment(s) (Replacement/New: +$63,796)

($86,808)

($86,808)

0

 

Attrition Adjustment(s)

($1,679)

($1,679)

0

 

Retirement Rate Adjustment(s)

($391,776)

($391,776)

0

 

Risk Management Adjustment(s)

$0

($10,899)

0

 

Rent in State-owned Buildings Adjustment(s)

$24,337

$24,337

0

 

Maintenance of State-owned Buildings Adjustment(s)

$1,317

$1,317

0

 

UPS Fees

$16,026

$16,026

0

 

Legislative Auditor Fees

$7,500,000

$7,500,000

5

 

Transfer Indigent Defense Assistance Board from Schedule #20-945 - Miscellaneous State Aid to Local Agencies per Act 1361 of the 1997 Regular Session and add 5 positions

$250,000

$250,000

0

 

Increase in Senior Olympics Contract for FY 98-99

$0

($23,498)

0

 

Transfer funding associated with an existing position to the Office of Indian Affairs

$0

$2,253,213

0

 

Move general funds associated with Rural Development to Statutory Dedications

$333,333

$1,333,333

0

 

General fund match for Children's Cabinet Federal Grant

 

 

 

 

 

$29,771,509

$47,940,483

57

 

TOTAL RECOMMENDED

 

 

 

 

 

$5,256,033

$4,313,244

5

 

DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET)

The total means of financing for this program is recommended at 109.8% of the existing operating budget. It represents 99.0% of the total request ($48,390,533) for this program. The increase in total recommended over the existing operating budget is primarily due to the transfer of the Indigent Defender Assistance Board to the Executive Office.

PROFESSIONAL SERVICES

$256,100

 

Other Professional Services for computer consulting contracts

 

 

 

$256,100

 

TOTAL PROFESSIONAL SERVICES

OTHER CHARGES

$6,592,774

 

Oil Spill Coordinator (11 positions) (100% Statutory Dedications) - Funding for the Oil Spill Contingency Fund for developing and implementing a state oil spill prevention and response plan

$750,000

 

Senior Olympics contract

$1,333,333

 

Children's Cabinet federal grant with state match

$7,050,197

 

Indigent Defense Assistance Board (5 positions) (100% General Fund) transferred from Schedule #20-945 - Miscellaneous State Aid to Local Agencies pursuant to Act 1361 of the 1997 Regular Session effective January 1, 1998

$50,000

 

Children's Cabinet (1 position) (100% IAT) - Funding from the Department of Education for coordinating programs which affect the programs and services for children and their families

$9,106,700

 

Office of Rural Development (11 positions) (General Fund, Federal) - Funding which provides grants to rural communities

$8,900,000

 

Office of Urban Development (6 positions) (General Fund) - Funding which provides grants to associations in urban communities

$440,474

 

Office of Coastal Activities (4 positions) (IAT and Federal) - IAT funding from the Department of Natural Resources for development of the state's coastal vegetated wetlands conservation and restoration plan

$635,000

 

Louisiana Learn Commission (2 positions) (IAT) - Funding from the Department of Education for developing policy recommendations regarding state-wide educational reform efforts

$136,467

 

Statewide Independent Living Council (2 positions) (IAT) - Funding from the Department of Social Services to develop a resource plan and offer financial support for disabled citizens

$100,000

 

Louisiana Commission on Human Rights (2 positions) (General Fund) - This funding provides for the execution of the policies embodied in the Federal Civil Rights Acts and for assurance that Louisiana has appropriate legislation prohibiting discrimination in employment and public accommodations.

$30,000

 

CODOFIL (1 position) (IAT) - Funding from the Department of Economic Development to act as a liaison between the Governor's office and french speaking citizens of Louisiana

$135,956

 

Troops-to-Teachers Program (3 positions) (Federal) - Recruit and place retired military personnel in teaching positions

$16,026

 

Legislative Auditor

 

 

 

$35,276,927

 

TOTAL OTHER CHARGES

 

 

 

 

 

Interagency Transfers:

$42,249

 

Transfer funding associated with existing position within the Office of Indian Affairs

$2,047

 

Office of Uniform Payroll System

$39,781

 

Rent in State-owned Buildings

$8,975,213

 

Transfer of State General Fund into the Rural Development fund for funding grants to rural communities

$24,337

 

Maintenance of State-owned Buildings

 

 

 

$9,083,627

 

TOTAL INTERAGENCY TRANSFERS

ACQUISITIONS AND MAJOR REPAIRS

$323,250

 

Renovations and office equipment

 

 

 

$323,250

 

TOTAL ACQUISITIONS AND MAJOR REPAIRS


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