Team Waste Management has been very busy of late taking depositions etc in the Parish’s suit against them and man o’ man is there a treasure trove of information coming out, hopefully all of which will be discussed in the upcoming public meeting.
For one, I’m not sure why anyone is wasting time on these after the fact costs analysis because it is clear Broussard, Wilkinson and Whitmer were lying through their teeth about the “savings” when this contract was bum rushed through as it is clear no cost projections or other financial analysis was ever performed.
Document 104 has some good stuff, including Team Waste Management wanting to amend their counter-claim to include new allegations that have come to light after certain depositions were taken. Team Waste Management explains:
The initial discovery and depositions in this case took place only months ago, in November and December, 2010, when Waste Management took the depositions of three high ranking officials employed by Plaintiffs, namely, Margaret Winter, Director of the Jefferson Parish Environmental Affairs Department, Joseph “Rick” Buller, Jefferson Parish Landfill Engineer, and Gwen Bolotte, Director of the Jefferson Parish Finance Department. As recently as January 11, 2011 (two days ago), Waste Management took the deposition of Deano Bonano, a former Chief Administrative Assistant and former emergency management director of Jefferson Parish.
So what are some of the new facts? Pretty much the old ones that have now evidently been confirmed:
From the outset, the issuance of this RFP was highly unusual and irregular, and violated normal procedures and Ordinances of Jefferson Parish. In particular, the interference in the RFP process by the Parish’s two highest officials, Broussard and Whitmer, was highly unusual and irregular. In addition, the advertisement process was abbreviated and rushed through. In fact, the Finance Director of Jefferson Parish was directly told by Broussard and Whitmer to “rush” the advertisement of the RFP, a request she thought was highly unusual, but which she followed due to their position of authority over her.
Its get better:
Moreover, Parish officials have recently acknowledged in sworn testimony that there is no evidence to support a claim of savings with the River Birch contract. The only report even remotely addressing cost comparison between the Waste Management and River Birch contracts was a preliminary report done by the Landfill Engineer dated May 5, 2009, almost five months after the River Birch proposal was approved. However, the preliminary report by the Parish Landfill Engineer was incomplete and was not intended to provide a basis upon which to make a determination that Jefferson Parish would save money over the 25-year life of the River Birch contract, primarily because the report did not project costs beyond the year 2012, something which needed to be done in order to make a proper comparison of the Waste Management and River Birch contracts.
And then we have this:
At that time, Whitmer directed the Finance Director not to include the funds for the Waste Management contract in the proposed 2010 Parish Budget, despite adequate funds being available in the Parish Treasury. Their plan was to falsify budgetary information such that it would appear that there was “insufficient funds” for the continuation of the Waste Management contract, thereby allowing the Administration to cancel the contract effective January 1, 2010 and to commence the River Birch contract at that time, as demanded by River Birch in their proposal for the contract.
After reading this it seems to me these dueling after the fact cost studies should have been done back in 2008/2009 instead of way after the fact, especially the curious one done for Team River Birch by the hired guns at Loren C Scott and Associates. Maybe the Parish council will make Miss Bollote, Rick Buller and Marnie Winter available to answer questions at their special meeting too.
Document 108 deals with cross motions for summary judgment on the annual appropriations dependency clause and it has some interesting tidbits too including a depo snippet from the Parish’s Landfill Engineer Rick Buller, who evidently sees no benefit in lying for Whitmer, Wilkinson and Broussard:
Q. Yeah. My question is: Do you believe that the parish would be in good faith in negotiating with waste Management in that manner?
A. In the manner of?
Q. In the manner of using a nonappropriations clause to terminate the contract at that period of time?
Q. The parish would not be in good faith?
A. I wouldn’t think so.
For our readers who want to see all the dirty laundry for themselves I’ve uploaded case docs 104 and 108 for your reference. I think what we need are the full depos of these Parish employees. Anyone in the Slabbed Nation who is willing to help us there should drop us a line.