Today’s scheduled meeting of the State Police Commission to decide whether or not to conduct an official investigation into the Louisiana State Troopers Association (LSTA) has been cancelled because of an illness in one commissioner’s family and because of severe flooding in north Louisiana where some of the commissioners live.
The delay may have been convenient for three of the commission members in that the delay will give them time to formulate an explanation for their own actions.
The commission is charged with the responsibility of investigating individual state troopers accused of wrongdoing and to preside over appeals of punishment handed out to troopers.
The issue before commissioners is the controversy that arose after the LSTA funneled campaign contributions through the organization’s executive director to political candidates. State law prohibits individual state troopers from participating in political campaigns in any form, including endorsements and making campaign contributions.
Because the association’s funding comes largely from membership dues, the laundering of the contributions through the personal account of Executive Director David Young and the ensuing reimbursement of Young for “expenses” prompted outcries from LSTA membership.
Those protests were mostly voiced by retirees because active troopers are reluctant to openly criticize the association’s activities for fear of reprisals and LSTA, in a recent letter to members, seized on that lack protests from active members in an attempt to shift the blame on what it characterized as disgruntled retirees who had been mostly inactive until the issue flared up.
In more familiar parlance, that is known as shooting the messenger.
Among the more visible recipients in recent years, Bobby Jindal and Gov. John Bel Edwards each received in excess of $10,000 and the LSTA even set the precedent of endorsing Edwards in last November’s general election against U.S. Sen. David Vitter but stopped short of complying with a request from State Police Superintendent Mike Edmonson for the association to write a letter of endorsement for Edmonson’s reappointment by Edwards.
Edwards did, in fact, re-appoint Edmonson but following the flap over the campaign contributions, returned the money he received from LSTA. Jindal did not return his contributions.
Retired State Trooper Leon “Bucky” Millet said on Wednesday that the commission appears to be “circling the wagons” in its own defense, given revelations that three of the commission member violated the same statutes against political involvement the LSTA members are being accused of violating. http://laspc.dps.louisiana.gov/laspc.nsf/b713f7b7dd3871ee86257b9b004f9321/85d048928ae51fa086256e9a004cc8e8?OpenDocument
Civil service employees and state troopers are prohibited from engaging in political activity, including making political contributions to candidates.
In the LSTA case, the Code of Governmental Ethics, Section VIII of R.S. 18:1505.2 (B) also lists the making of contributions or loans “through or in the name of another” as a prohibited practice. http://ethics.la.gov/Pub/Laws/cfdasum.pdf
LSTA legal counsel Floyd Falcon told the commission that he did not know why the checks to various political candidates were made in Young’s name.
Young, however, admitted the maneuver was an attempt by LSTA to attempt to circumvent civil service and commission rules when he told the commission he made the contributions as a non-state employee so “there could never be a question later that a state employee made a contribution.” https://louisianavoice.com/2016/01/15/louisianavoice-exclusive-at-long-last-it-can-be-disclosed-that-the-reason-for-all-the-problems-at-state-police-is-us/
On Wednesday, an announcement was posted on the commission’s Web page by commission Chairman Franklin Kyle of Mandeville that said Thursday’s meeting was cancelled “due to the lack of a quorum.” http://laspc.dps.louisiana.gov/laspc.nsf/b713f7b7dd3871ee86257b9b004f9321/3723e021aee8206586256e9a004cf303?OpenDocument
But then Kyle went on to say, “I thought it proper to keep the public informed of the ongoing investigation into State Police Commission rules violations” requested by state police retirees.
Kyle said that on March 3, a rule to show cause was issued to the retirees “to produce the names of Louisiana State Troopers who allegedly violated State Police Commission rules in addition to any evidence they have that supports the allegations. Those gentlemen have until March 18, 2016, to do so, and additional subpoenas may be issued for any additional evidence that will assist the investigation. Upon receipt of sufficient evidence, a public hearing will be scheduled. There will be more information at the April meeting of the (commission), as well as subsequent meetings, until this investigation is completed.”
Wait. What?
Kyle is putting the onus on two retired state troopers to come up with the names of LSTA members who may have initiated the contributions? Isn’t that the job of the commission as an investigative board? The retirees have sought records from LSTA and their efforts have been thwarted at every turn, yet they are expected to come up with the names?
Mr. Kyle, it is the commission which has subpoena power, not a couple of retirees. Do your job and issue the subpoenas. That’s how investigations are conducted.
But then again, perhaps Mr. Kyle and a couple of his cohorts have good reason to delay the investigative process. After all, they are under the same rules as state troopers and civil service employees.
Yet, LouisianaVoice has obtained campaign finance records which show that commission members Kyle, Freddie Pitcher, William Goldring, the wives of Kyle and Goldring and one of Goldring’s companies (Magnolia Marketing) have been quite active in making their own political contributions during their time of service on the commission.
In fact, Kyle was appointed to replace shipbuilder-banker Boysie Bollinger of Lockport because of Bollinger’s political activity.
Now that we know of their own participating in making campaign contributions during their tenure on the commission, it will be more than a little interesting to see how the investigation of LSTA will be handled. Will they recuse themselves, leaving the investigation to the four remaining board members?
Or will the commission saddle the retirees with the impossible task of coming up with names of troopers involved in the decision to make the contributions through Young and to reimburse him for his trouble?
Of, as often is the case, will the probe simply quietly go away with no action taken?
This is Louisiana, after all, and we do have a long-standing tradition to uphold.
Here are the links to the campaign contributions of the three members, their wives and Goldring’s business:
FRANKLIN KYLE CONTRIBS FOR FIRST TERM
FRANKLIN KYLE CONTRIBS FOR SECOND TERM
If Kyle wants a list of names of Troopers that violated State Police Commission Rules, I can tell him exactly who they are and to what extent they violated the rules. They are ALL, 100%, of the Troopers that belong to the LSTA and the extent of their violation is exactly equal to the dues that they have paid in at least the past two years. The troopers are “complicit” in the wrongdoing, albeit unknowingly.
So there you have it Kyle. You’ve dared anyone to provide a list to you of those that violated Commission rules, how, and to what extent. Now you have it.
We await your next stupid attempted roadblock to justify your illegal actions. But know full well, you’re caught using Troopers monies illegally and you knew it when you authorized it.
I am an attorney who has a case where a guy was caught with a lot of drugs and at the time of his arrests he asked Agent Ben Lasalle to call his friend sheriff Ackal. The guy was never arrested or prosecuted. Let me know if you would like to know more.
*Fiat justitia ruat caelum*
Keep at ’em, Tom!! They know that you know you’ve got them red-handed, and even the most expensive PR firm in the nation can’t spin this one. I indicated previously that they’re desperate to find a way to get you to go away, but it sure appears you have no intention of doing so. Damn those pesky investigative journalists!!
Thanks. I appreciate the moral support. Sometimes it gets a little lonely out there but it seems I always get words of encouragement from readers like you who help make it worthwhile to carry on.
One reader even suggested that I seek political office. But in the words of Lyndon Johnson (cleaned up a bit): I’d rather be outside the tent urinating in instead of inside urinating out.
RE: “words of encouragement”.
Tom – It goes without saying that the work you do is amazing. I was speechless reading this column. Unbelievable. I cannot tell you how much I appreciate the deep research that you do on these issues, unlike other bloggers who offer only opinions, your blog brings new FACTS to the table.
Yours in the first blog I read every day.
If you are EVER feeling a “little lonely out there” just give me call. I can have my buds call, write, email, text, facebook, twitter, skype, etc etc. you to death so you understand you have a broad audience of dedicated readers who look forward to every new blog post.
AND we are still waiting for THE BOOK.
Feel the love??
It is lonely to be a prophet (think of the fact that many stories from history tell of prophets being stoned simply for forecasting truth). However, truth, as it has been so poetically written, is the only “beauty” we might know. KEEP up the fight!
Tom, Is the State Police Commission not subject to the Louisiana Administrative Procedures Act? If so, then interested parties can invoke discovery procedures as in civil litigation to learn more about the facts relating to an issue or controversy. Parties would also be entitled to other due process rights.
Glenn
It was the Louisiana State Troopers Association (LSTA) that made the campaign contributions, not the State Police Commission. The commission is like the Civil Service Commission and can only investigate wrongdoing by state troopers. The LSTA as an organization does not come under the commission’s purview–just the individual members.
Bottom line: I’m not sure what can be done under the Administrative Procedures Act in this case.
Glenn, the State Police Commission is subject to the APA. However, there is no pending administrative action. Also, an “interested party” would not be entitled to discovery, unless they were a party in the action.
Glenn, until I read tractorshed’s comment, I did not know I was addressing the attorney Glenn Ducote. I do not know you personally, but I know of you. You probably know more about the APA than I do. So don’t take my earlier reply personally.
great job, as usual, and you will never be alone! love to see my smart lawyer friends, like Glenn, still in the game. Keeps me busy thinking while riding my zero turn. Just remember, ALL communication is based upon fear, ignorance, and prejudice, and education /learning is how we overcome. love always ron thompson
[…] the State Police Commission (the board tasked with investigating the money-funneling scheme) have allegedly done exactly what Young has done for over a decade, funneling money to […]