Black Caucus sues governor

Gov. Kathleen Blanco is being sued by the Louisiana Legislative Black Caucus for using her authority to cut 10 percent of the state’s spending budget without the authority of legislators.
The petition, filed Nov. 9 in the 19th Judicial District Court, says Blanco is accused by the caucus of overstepping her authority by not observing the statutes mandated by the state’s legislative branch.
“We were overwhelmed with concern that the governor cut 10 percent of the budget when the constitution gave her authority to cut 5 percent with joint approval,” said State Representative and caucus Chairman Cedric Richmond, D-New Orleans. “We are very concerned and frightened that this state’s government is balancing a budget deficit on the backs of poor people and the very people who have been displaced by the hurricanes.”
The petition says after the Joint Legislative Committee on the Budget notified Blanco of a projected deficit of over $959.1 million almost two weeks ago, she issued an executive order to cut 10 percent from the general budget on Nov. 5. The state’s special legislative session did not begin until Nov. 6.
The state’s constitution mandates that only after a projected deficit exists, can the governor adjust no more than 3 percent of the total appropriation for the budget. However, without legislative approval, Blanco can cut up to 5 percent. Her executive order cut $431 million in state spending.
Blanco’s decision to leave the joint budget committee out of the loop was supported by a letter of advice from state Attorney General Charles C. Foti. Jr.
In the letter, Foti tells Blanco she has the authority to sidestep the Legislature.
” – We are of the opinion that you have authority, should you choose to do so, to make budget reductions in excess –
” – We further are of the opinion that you may reduce appropriations up to 10% without prior approval of the Joint Legislative Committee on the Budget – ,” the letter says.
Roderick Hawkins, the governor’s deputy press secretary, said Blanco was acting on the advisement of Foti and therefore did nothing wrong.
“Based on the advice of the attorney general, the governor used her authority and we are confident the cuts are appropriate,” Hawkins said. “And that’s basically the position.”