The beleaguered State Office of Alcohol and Tobacco Control (ATC) is experiencing more bad karma, thanks to what appears to be a series of ill-advised polices put in place by ATC Commissioner Troy Hebert.
Hebert is a former state senator from Jeanerette appointed to his position by Gov. Piyush Jindal in November of 2010 after Hebert’s predecessor, Murphy Painter was fired in August of that year on charges of sexual harassment and then was indicted earlier this year on charges of computer fraud, making false statements and aggravated identity theft.
Hebert now is facing his own problems including allegations that he deliberately sent an ATC agent into harm’s way, that he has transferred agents from one end of the state to the other with as little as two days’ notice, and last month’s decision by the Louisiana Civil Service Commission that he pay an employee back wages, interest and attorney fees after he suspended her for insubordination when her doctor refused to comply with what the commission agreed were unreasonable demands made under the Family Medical Leave Act (FMLA).
Hebert had suspended ATC administrative assistant Lisa Pike after her physician declined to provide weekly status reports as ordered by Hebert. Pike was on extended medical leave for failure to provide acceptable proof that was unable to work.
Hebert’s action was taken despite her doctor’s written certification that she was unable to work and that she “has been under my care from July 19, 2011 to Aug. 19, 2011” and that she could “return to work on Aug. 20, 2011.”
On July 29, 2011, Hebert sent Pike a letter of suspension.
“This letter is to advise you that you are being placed (o)n Leave Without Pay (LWOP) effective Thursday, July 21, 2011, for failure to provide acceptable proof that you were ill and unable to report to work,” the letter from Hebert said.
“You were directed by letter dated July 13, 2011, to submit a statement from your health care provider to verify that you are unable to report to work due to illness or medical condition. The statements you submitted do not specify the cause of your absence or verify that you are unable to report to work.”
The physician subsequently agreed to provide weekly medical reports but charged Pike $25 for each of the weekly updates.
In her ruling of Sept. 20, Civil Service Commission referee Roxie F. Goynes ordered the Department of Revenue (DOR) to pay Ms. Pike back wages, with interest. ATC is part of DOR. “I further order DOR to remove all documents concerning this disciplinary action from Ms. Pike’s personnel file,” Goynes said in her ruling.
Goynes added that DOR “was unreasonable in going forward on its charge. Therefore, pursuant to the provisions of Civil Service Rule 13.35, I award attorney’s fees to Ms. Pike in the amount of $1500.”
But perhaps the most serious claim against Hebert is that he ordered an agent back into bars in New Orleans in full uniform where she had previously worked on undercover assignments to purchase drugs. If true, such a decision could have placed the agent’s life in peril had she been recognized by those from whom she had purchased drugs.
A formal complaint of discrimination filed against Hebert by agent Daimian McDowell contained the allocation that “Commissioner Hebert has assigned African-American agents to dangerous duties.”
In his complaint, one of three separate complaints filed by three separate agents earlier this month, McDowell said that agent Lori Claiborne of Gonzales was transferred from the Baton Rouge region to the New Orleans region. She had worked as a narcotics agent in Baton Rouge so her supervisor in New Orleans allowed her to work as a task force officer (TFO) in cooperation with the U.S. Drug Enforcement Administration (DEA) while remaining an employee of ATC.
As a TFO, Claiborne worked undercover in civilian clothing, purchasing synthetic marijuana from dealers in New Orleans bars.
Upon learning of her work with DEA, Hebert ordered her back to Baton Rouge and over the objections of Claiborne and another agent, assigned her to conduct inspections in the same establishments—in full uniform—where she had purchased drugs as an undercover agent, the complaint says.
Other written complaints against Hebert, all dated Oct. 2, 2012, include:
• Asking an employee to “keep tabs” on a fellow agent;
• Transferring agent Charles Gilmore from Baton Rouge to Shreveport with no advance notice and subsequently telling one of his co-workers, another ATC agent, that he took the action in the hopes it would prompt Gilmore to take early retirement;
• Boasting that he planned to “break up” a trio of black agents in north Louisiana (one of whom was subsequently fired);
• Requiring supervisors to report to their subordinates;
• Calling agent Larry Hingle “a zero” and sending an email to other employees soliciting suggestions for ways to punish Hingle for the agent’s failure to address Hebert at “Commissioner” or “Sir,” as per a directive by Hebert.
In addition to the three formal complaints to both the Equal Employment Opportunity Commission and to Civil Service, six members of the ATC Command staff and six ATC employees sent a five-page letter in March of 2011 to then-Revenue Secretary Cynthia Bridges in which they itemized a laundry list of 45 separate complaints against Hebert. The contents of that letter would comprise much of the complaint contained in a subsequent lawsuit against the Department of Revenue that is still pending in 19th Judicial District Court in Baton Rouge.
That letter and the lawsuit filed by a fourth ATC agent contain several charges that are eerily familiar to some of the charges against Hebert’s predecessor, Murphy Painter. Those documents will be the subject of our next installment.
Louisiana Voice 
As someone who was fired by his royal highness, I am glad to see his little kingdom exposed. Great job!
Chris J Vinson Sent Via Samsung Infuse
I was hired and fired 2. 1/2 days later without reason. My guess is that he didn’t care for my response from his direct quistions. I could have lied and been a “yes man”, “Brown Nose’r” but I didn’t. I am a 26yr vetern law enforcement officer, retired. I’ve been shot, broken ribbs you name it; and learned what respect is so I will never be a “brown nose’r to anyone. I walked around the agency and listened to employees having to work and walk on “pins/needles” and seen things that was so unorganized. I noticed how he demands respect, stand up and yes sir him. Sorry Commissioner, when you earn it then I’ll give it. I answered all his questions from the heart and he took it as a threat, retaliated and next thing I know I was fired. Refer to his latest press release, PBS system; “The savings generated from the PBS system could be used to help fund healthcare, education, and other law enforcement, such as State Police. I can understand, education and maybe healthcare but to help other agencies, “what” they can’t handle thier own budget? Ha! that’s a politician’s future move for something better. He’s also not loyal to his employees and the agency its self. Thank god for civil service for protected employees, I can’t say much for civil service in regards to probationary employees. Read between the lines. His goal is to disciplin protected employees and terminate probationary employees. “As a result of maximizing productivity with fewer employees, ATC is projected to realize over one million dollars in savings. For every probationary employee he terminates, because he knows they are not protected, makes him look good because he can say he save money by elimnating posistions. I bet he’s even trying to figure out how to get rid of civil service, so he can terminate evryone that doesn’t do as he says. My guess is that’s why he terminates probationary employees without reason. ATC has and had good hard working employees. If you have a bad employee try and salvage him, ever heard of using EAP, then if they can’t get the hint, you terminate. ATC employees risk their lives every day when they put on the uniform, and have to deal with tax payers complaints. The commissioner needs to understand what his employees go through and learn to respect them instead of worrying about his employees respecting him. It’s not good practice to punish everyone. “Adopting proven private sector strategies is a great way to assure that taxpayers are receiving their money’s worth, ” I’m sorry but you can’t run a govenment agency like a private sector. He needs to learn how to work with his employees instead of against them just because they don’t say and/or do what his ploitical agenda is.
Undoubtably this appointee has fail to read, understand and comprehend his duties and should retired immediately. He seems to think he is King Jindal in waiting, and doesn’t have to answer to anyone. Lord help Louisiana because we are at the mercy of Jindal and his merry men/women. Someone do something before we all become the merry servants.
This has been a long time coming. I am thankful the Darkness is finally coming to light for all parties involved. Many hard working, dedicated employees lives have been forever changed by unreasonable, possibly, ego driven actions. We need solid, balanced and well-thought-out decisions made by the people that are put in Leadership positions for our community to flourish.
Troy Hebert is a joke. I was the member of the black trio that was subsequently fired. I did not have any corrective actions ever as an ATC agent. As a matter of fact I received an “Exceeds Expectations” on my performance review in June of 2012. In August of 2012 he asked me to drive from Shreveport to Baton Rouge to complete some mechanical maintenance on state units which is not in the job description at all. For three days I worked in the extreme heat only to be fired the following month without a justifiable reason(released from a probationary status). Hebert is perhaps best known statewide as the House member who labeled Gov. Kathleen Blanco as “the queen bee” during the early days of her administration. Hebert, who initially supported Blanco, voted against a tax measure the governor wanted. Blanco and House Speaker Joe Salter promptly removed Hebert as chairman of the House Insurance Committee. Angry and close to tears, Hebert called a press conference on the capitol steps and said Louisiana’s political system was “very similar to dictatorships. The one thing that has changed is that we’re no longer being ruled by the Kingfish . . . we’re being ruled by the Queen Bee.” Blanco embraced the sobriquet, began collecting bee memorabilia and wore a bee-shaped pin on the opening day of that year’s legislative session. For his part, Hebert and other House members who had broken with the new governor began wearing fleur de lis pins and calling themselves “the Outhouse Gang.” Sounds like descrimination to me. It didn’t work then and it won’t work now. Biut this time you can kiss your political career good bye.
Well, well, well…civil service finally grew some and ruled in favor of a wronged employee.
Don’t give them too much credit. Ms Pike was on FMLA, which means it could easily have been appealed as a violation of federal rules. Don’t think for a minute that had it been a simple civil service violation that they wouldn’t have caved like that sinkhole in Bayou Corne.
This barely touches what this arrogant, self-proclaimed king has done since being at ATC. Thank you for covering what the Baton Rouge mainstream press refuses to cover.
This really sounds like Hebert was trying to get Ms. Claiborne murdered. Remember the Bible story where King David had his commander sent to the front lines so he could have his wife, Bathsheba?
Sounds like Murphy Painter was upstanding and honest compared to Hebert. Louisiana government, especially the executive branch, sounds like it needs a good housecleaning.
Under HIPPA, Lisa Pike could not be required to submit detailed documentation of her illness from her doctor. In fact I recently heard that medical excuses could be a violation in themselves because it is not a problem with a generic excuse to find out what kind of specialty the providing physician practices. Then the nature of the person’s illness would be obvious.
Thank you so much for acknowledging this fact, also, I’m so confused as to why Mrs. Lisa stopped at her FMLA issues with him. Hell, he stayed on her back so much that she should’ve had a nervous breakdown. He wanted and tried any and EVERY angle to have her OUT of her position.
I had a good friend who was an agent for ATC and when Gov.Jindal appointed this jackleg in charge of a law enforcement agency who has no expereince, I had a feeling it would end badly. The same thing was done to my friend who was sent to several out-of-the way posts, forced to drive insane distance in his personal vehicle and Hebert’s making comments that he was” to old!!!” He eventually used health problems as a way of forcing him to retire!!! Perhaps our governor should try appointing someone with actual law enforcement experience to run a state law enforcement agency and not a bureaucrat!!!!
Or just someone with a brain!!!! I personally think he should be drug tested.
WOW – I feel for these dedicated employees that have to endure crap like this. May God help those that are so arrogant – They will have to answer for it one day ! KARMA ☺
I am one of the many to also be fired for no apparent reason. Hebert is an evil man and does not care what he does to people’s lives. He was given too much power and abused it!! He needs to be taken out of ATC and he needs to get “disciplinary action” for what he has done! I wish the best to all who have endured stupidity from Hebert.
Do you really think Teepell and Jindal would have appointed a Democrat who worked under Gov. Kathleen, without a pledge to carry out the repugs agenda?? Hebert was also the brain who pushed to keep dog fighting and was totally controlled by the liquor industry….rrt
While elected to the State Senate as a Democrat, he changed his party affiliation to Independent in March of 2010, eight months before his appointment as commissioner of ATC.
What? A Jindalite, a Louisiana Republican, might have deep-seated anger toward state employees in general and maybe even an unhealthy dose of racism? Couldn’t be. Not in my state.
Waiting:
Your comments are all warranted, but until Piyush dismisses his friend this may all be futile.
Troy Hebert has Gov. Jindal’s ego; both feel they cannot be touched. Troy Hebert has caused several complaints to be filed against ATC, none of which made headlines in any of the major newspapers. I never saw any of the complaints out here in Baton Rouge, either. When Murphy Painter had complaints against him, they made Baton Rouge news.
Troy Hebert and his wife are currently pressing charges against myself and a friend for saving his emaciated dog on Christmas Eve. I couldn’t believe someone would be so negligent with taxpayer’s money until I read this. You can find the article on nola.com and the Advocate is currently writing an article. It is apparent from this article that he has several moral and ethical issues and the welfare of his pets has certainly fallen below the wayside.
Hebert has brought ATC into the digital age but he had really messed up other areas of the office. Things have to be his way or no way . The attorney does what they are told to do within reason and lawful . ATC appealed the Civil Service decision on the Lisa Pike case and the ruling was overturned and ruled in ATCs favor. Hebert is seldom at the office and at least Painter was in his office and available to employees and the public. Painter didnt hide behind a lock door nor did be have fancy office furnishings and wood floors. ATC is a state office and shouldn’ t look like an elected officials office as I hear his office looks it . Hebert may have done some good changes to ATC but he has messed up other things around the office . He had extended hours to 7am to 5pm but doesnt have enough personnel working to cover those hours, he removed all the workstations in one area and built crappy wood walls using filing cabinets as one wall, built a wood shelve within the new workstation that blocks the opening of a filing cabinet drawer, abolished the file clerk position so now everyone has to do tbeir o we n filing. He does not have an iphone like the agents are issued by ATC . He will transfer you to piss you off. He has run off some very qualified agents . He is running ATC into the ground . Hasnt anyone figured it out- Jindal appoited him therefore his is only one who can do anything to or about him, not Civil Service, Revenue . Jindal is slowly changing state agencies or another words getting rid of some. Lets cut back but yet hire high paying people in key positions to do his doings and damage . He could have used the extra $150,000 a year he’ s paying Barfield to do better things . BEWARE all state employess and the public. There will be more changes that no one will be able to do anything about .
Don’t you like your new cubicles. I cannot believe they are still standing. He’s not at the office bcuz he’s riding around in the state vehicle on personal business and building his new home, sending ATC employees to purchase items and charge it to his account dedicated to his home on Lakeshore Drive. At least that’s what he was doing while and after I was employed there!!!!!
Is Governor Jindal and/or his administration turning a blind eye, can’t they see that there’s a pattern of work place bullying going on here. Are they “condoning” Commissioner “Troy Hebert’s” unethical behavior in leadership? Gees, can’t they see that Commissioner Hebert is creating a “hostile work place environment” so for he has put his agents in harms way, verbally and physically belittled his agents, he has transferred agents away from their families for long periods of time, threatened his agents, using them against each other by using an agent to secretly keep tabs on other agents and the pattern is still growing!!!! “Deliberate indifference”.
And in-house employees to keep tabs on co-workers and let’s not forget the complaint filed by employee #4. The man is truly a sick individual. Since I am a former employee who resigned bcuz I was no longer happy at the agency and having first hand knowledge of his harassment, bullying, & unwarranted write ups of several employees I can openly and honestly say the man needs help!!! He’s pure, uncut evil then has statutes of the Virgin Mary in his office, wth!!!!!
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