Louisiana Voice

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The “investigation” by the State Police Commission of political contributions funneled by the Louisiana State Troopers Association (LSTA) through its executive director has taken a most interesting twist. And suffice it to say that the folks over at LSTA aren’t raising their champagne glasses in a celebratory toast.

Remember our story of March 10 that revealed multiple political contributions by three commission members, their wives and business interests? https://louisianavoice.com/2016/03/10/state-police-commission-members-probing-lsta-appear-to-have-committed-similar-campaign-contribution-violations/

Well, that bit of information has resulted in the probability that three commission members will be told that they must resign or be removed by Gov. John Bel Edwards, according to a story by Baton Rouge Advocate reporter Maya Lau. http://theadvocate.com/news/15297801-173/three-members-of-louisiana-state-police-commission-may-be-ousted-over-campaign-contribution-issue

In addition, LouisianaVoice has learned that two of the three have never complied with State Ethics Board requirements that they complete an annual one-hour ETHICS course. That information comes on the heels of a similar story that several members of the State Board of Dentistry had never taken the ethics training. https://louisianavoice.com/2016/03/25/dentistry-board-members-fail-to-take-required-state-ethics-training-board-policy-attracts-unwanted-attention-of-ada/

Debora Grier, Executive Secretary of the Louisiana Board of Ethics, said ethics training became a requirement for employees, contractors and board and commission members in 2012. Section VII of the Louisiana Code of Governmental Ethics says, “Each public servant shall receive a minimum of one hour of education and training on the Code of Ethics during each year of his public employment or term of office.”

A public employee “means anyone, whether compensated or not, who is…appointed by elected official to a position to serve the government or government agency” or who is “engaged in the performance of a governmental function.”

The one-hour training consists of an online course accessed through the Ethics Board’s Web page and the Web page also keeps records of those who have taken the course in a timely manner and there is where the three members of the State Police Commission appear to have a problem in addition to the one involving their political contributions.

Commission Chairman Franklin Kyle of Mandeville, appointed in 2013, and William Goldring of New Orleans have never taken the required training, according to Ethics Board records. The third member, former appellate court judge Freddie Pitcher of Baton Rouge, who has already indicated he will step down, took the online course in 2013 and 2014 but failed to do so in 2015. He and Goldring were appointed to the commission in 2010.

Commission member Thomas Doss, appointed last year, has taken the 2015 course but Donald Breaux, appointed in 2014, and Calvin Braxton, appointed in 2015, have not. Commission Vice-Chair Lloyd Grafton of Ruston, appointed in 2013, took the training that year and in 2014 but did not in 2015, records reflect. Neither of those four members has made any campaign contributions.

LouisianaVoice has also learned that Kyle and Goldring were also active in making political contributions at the federal level.

 http://www.campaignmoney.com/finance.asp?type=in&cycle=10&criteria=Kyle&fname=franklin

http://www.campaignmoney.com/finance.asp?type=in&cycle=12&criteria=Kyle&fname=franklin

http://www.campaignmoney.com/political/contributions/william-goldring.asp?cycle=16

Even as news of the likely exit of the three members was learned, the commission has hired Natchitoches attorney Taylor Townsend to lead the investigation into why the LSTA board allowed Executive Director David T. Young to give more than $45,000 to various political campaigns and to be reimbursed for “expenses.”  https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

That procedure was a major sticking point at the commission’s February meeting when member Calvin Braxton Sr. objected to approval of the January minutes because the minutes did not accurately reflect much of the discussion at that January meeting.

The key point, which was eventually incorporated into revised minutes, involved an exchange between LSTA attorney Floyd Falcon and commission vice chairman Lloyd Grafton of Ruston. In that exchange, Grafton said, “It (the method of making the contributions) almost makes me think there was something suspect here because of the check writing.”

http://theadvocate.com/news/14849801-128/state-commission-to-see-if-state-troopers-okd-money-for-political-candidates-including-gov-edwards

As an aside, there is no record of Falcon, who accused LouisianaVoice of being a “common complainer,” having ever taken the Ethic Board’s online ethics training.

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

The commission, the State Police equivalent to the State Civil Service Board, is charged with investigating wrongdoing on the part of state troopers but has no jurisdiction over the LTSA, a private organization.

Commission Chairman Franklin Kyle of Mandeville said on March 3 that a rule to show cause was issued to two retirees who have openly challenged the contributions “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.”

Kyle was putting the onus on two retired state troopers to come up with the names of LSTA members who may have initiated the contributions, a responsibility that would seem to be 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 Kyle charged them with procuring the evidence need to conduct the investigation.

That apparently is not the way the administration wanted things done and the solution was quick in coming.

The attorney who had been spearheading the “investigation” was relieved of that responsibility and Townsend brought in. Townsend, a Democrat, is the nephew of former State Senator Donald G. Kelly and served as a state representative in his own right from 2000 to 2008.

He did not seek a third term but instead chose to run for an open state Senate seat formerly held by Kelly from 1976-1996. In something of an upset, he was defeated by Gerald Long (R-Natchitoches).

On March 10, LouisianaVoice revealed that Kyle and fellow commission members Freddie Pitcher, William Goldring, the wives of Kyle and Goldring and one of Goldring’s companies (Magnolia Marketing) had been active in making their own political contributions during their time of service on the commission.

We noted at that time that it would be interesting to see how the investigation of LSTA contributions would be handled in light of their own participation in political activity. We asked if they might recuse themselves, leaving the investigation to the four remaining board members.

Now that question has been answered. They will not be asked to recuse themselves, but may be asked to resign from the commission altogether.