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Archive for September, 2016

Two-year-old Edmonson email to DPS seemed to promise salary increases and he delivered…for all but DPS officers

Posted in Civil Service, Corruption, Ethics, Legislature, Legislators, Media, State Police on September 16, 2016| 6 Comments »

It seems that the folks at Louisiana State Police (LSP) headquarters over at Independence Park rather pompously refer to Department of Public Safety (DPS) officers as Gray Shirts because DPS uniform shirts are gray as opposed to the blue worn by State Troopers (and we thought the Blue-Gray business ended 151 years ago. Not true. We’re told that a State Trooper will not obey a direct order from a DPS captain. Can’t you just imagine an Army private ignoring an order from a Marine captain? And they say the FBI, Homeland Security and the CIA don’t cooperate.).

In the wake of significant pay raises for State Police Superintendent Mike Edmonson and his inner circle and revelations of the glaring disparity in the salaries of (LSP) and (DPS) officers, it’s interesting to go back a couple of years and review an email Edmonson sent to DPS personnel. Our interpretations are inserted in bold face parentheses:

 

From: Mike Edmonson Sent: Friday, June 27, 2014 5:19 PM

To: _DPS_Commissioned Personnel_DPSPolice Subject: Personal Note

As you likely noticed, several e-mails have been sent to all commissioned personnel over the last few weeks discussing HB 872 and how that piece of legislation impacts troopers. Apparently those e-mails have fueled concerns and in some cases discontent within the ranks of DPS police. Let me reassure all of you that you remain a very important part of the DPS family (“But don’t any of you DPS lieutenants or captains try giving orders to my troopers.”) and while HB 872 does not specifically affect you (“It doesn’t affect you, so just keep your mouths shut”), my staff and I are well aware of the deficiencies within your current pay ranges. (“Guess what? Those deficiencies are about to become even greater.”)

The “fix” for that problem is somewhat more complicated than the “fix” for State Police because DPS personnel are part of the Civil Service classified service while troopers are part of the State Police classified service. Adjustments to State Police salaries may be made independent of Civil Service and thus do not affect the parity of all other employees who are part of that classified service, typically a major impediment to salary adjustments. We are however undeterred by the challenges of operating within the current structure of Civil Service. (“We at LSP are getting ours.”) and I have directed the staff of Operational Development to begin evaluating and analyzing the current pay levels for DPS police officers. (“It takes two-plus years to do this evaluation? Funny it didn’t take that long to get your $43,000 raise.”) In particular we want to identify which other Civil Service positions are similar in minimum qualifications and duties and thereafter evaluate the salary schedules of those positions in comparison to ours.

It should be noted that all eligible DPS officers received their 4% merit adjustments last year and will receive another this year amounting to an 8% total salary increase. (“Meanwhile, State Troopers will be getting 30 percent bumps and I’m gonna get a 32percent raise.”) Troopers, on the other hand, received anywhere from 0-3% merit adjustments. Moreover, the approval of HB 872 by the legislature is only the preliminary step in implementing a new pay grid for troopers. The new fund established to achieve that goal has a current balance of zero. We fully anticipate that sufficient monies will be accumulated over time to make the new grid a reality, but like the study and adjustment of DPS salaries, it will take time. (“Don’t hold your breath, Gray Shirts.”)

I understand the financial urgency that some of you feel at being improperly compensated and the frustration with the required process. But it has been disheartening to me that some within the ranks of DPS have seen fit to anonymously complain to legislators, the media and others outside our organization about feeling neglected and mistreated. (“That’s because if I ever learn who you are, you will be punished.”) Such communications are counterproductive to our efforts and can actually undermine our attempts to make adjustments to DPS salaries by drawing unnecessary attention to our plans. (“We have to keep our plans secret.”) Please understand that such communications put at risk the success of our efforts on your behalf. (“Strike that ‘on your behalf’ part.)

The study by Operational Development is the first step in what can sometimes be a laborious process but we will move as quickly as possible at finding an appropriate solution. Once our recommendations are finalized we will work with Civil Service in an effort to address the compensation issues. I will personally appear on your behalf before the Commission to make the case for pay adjustments (“What part of ‘Don’t hold your breath, Gray Shirts’ do you not understand?”). I pledge to keep you informed of our progress (So why has it been more than two years since we’ve heard from you?) and I would ask that you be patient during this process and have faith in me and my staff as I do in each of you. (We’ve seen what faith in you and your staff got us…nothing.) Be safe and may God continue to bless our families and guide each one of us. I will be visiting your sections soon.

Colonel Michael D. Edmonson

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Mike Edmonson’s clique at LSP continues to rake it in even as DPS cousins are neglected, allowed to fall behind in pay

Posted in Campaign Contributions, Courts, Elections, Legislature, Legislators, Politicians, State Police on September 14, 2016| 22 Comments »

They have full arrest powers but instead of patrolling the state’s highways and arresting drug dealers, they patrol the more placid State Capitol complex.

You won’t see them providing security for the governor or trotting onto the field at Tiger Stadium along with Les Miles and the Tiger football team. Nor will you ever see their commander standing stoically behind the governor during press briefings.

They’re not even allowed to head up security at the Capitol during the legislative session. That honor goes to the more glamorous State Police detail.

They have the same arrest powers as the high-profile State Troopers, charged with enforcing the same laws for the benefit of public safety and protection of the state’s citizens while securing the safety of the myriad of state offices.

And they must go through the same training and certification qualifications as State Troopers.

Though Department of Public Safety (DPS) officers conduct investigations and all other duties that State Troopers perform, they are, for all intents and purposes, invisible to all but state employees. Both they and the more prestigious Louisiana State Police (LSP) are part of the Department of Public Safety and both patrol the entire state. But make no mistake, the DPS Police are the stepchildren of DPS.

Held to the same standards as State Troopers, State Capitol Police get the equivalent of table scraps. DPS police patrol throughout the state in patrol cars eight- to 10 years old and with as much as 300,000 miles on them, according to one DPS officer.

State Police Superintendent Mike Edmonson, meanwhile, just got a brand new SUV issued to him. “Edmonson tells us over and over that he’s ‘working’ on something,” the DPS officer said. “I guess that ‘something’ was that $43,000 raise he got on August 1. I guess it’s good to be the king when your living expenses are paid by somebody else.”

Despite repeated promises, pay for DPS police officers lags further and further behind that of their counterparts over at Independence Park.

The evidence is right there in black and white for all to see.

Here is the comparison between comparable ranks, based on years of service:

  • DPS Police Officer 2: $24,066 to $57,900 per year;
  • State Trooper: $46,600 to $94,750;

 

  • DPS Sergeant: $29,500 to $66,300;
  • LSP Sergeant: $51,500 to $104,700;

 

  • DPS Lieutenant: $33,758 to $75,920;
  • LSP Lieutenant: $56,900 to $115,700.

Adding insult to injury, the DPS pay grid stops at the rank of lieutenant, meaning $75,920 is the most a DPS officer can anticipate making.

The LSP pay grid, on the other hand, keeps going to Captain ($64,750 to $131,670) and major ($69,300 to $140,900).

Edmonson, who was not making the pay grid maximum (he was making $134,351.10), was recently granted a $43,100 pay increase to $177,435.96. The increase was approved by Gov. John Bel Edwards’ Chief of Staff Ben Nevers who previously served in the State Senate.

Nevers received $1,500 in campaign contributions from the Louisiana State Troopers Association (LSTA) last year. The controversial contribution was funneled through LSTA Executive Director David Young who was reimbursed by the LSTA.

Others who got raises included Edmonson’s Chief of Staff Charles Dupuy ($140,890.10 to $161,304.78), Jason Starnes (promoted to Lt. Col. And raised in salary from $128,934.26 to $150,751.90, and Deputy Superintendents Adam White, Glenn Staton and Murphy Paul, both receiving raises from $140,900 to $150,750. All this despite an executive order issued by Gov. John Bel Edwards freezing all merit increases from June 29, 2016 through June 29, 2017.

http://www.doa.la.gov/osr/other/JBE%202016/JBE16-32.htm

With the latest glut of increases, Edmonson, Dupuy, Starnes, Staton, Paul and White all now make salaries that exceed the maximums on the State Police pay grid.

When Edmonson came to the Louisiana State Police Commission last month with the proposal to create the new position to which Starnes was approved by the LSPA last week, he told commission members there would be no additional costs but Starnes got an immediate increase of $21,850. Moreover, the opening for the new post was never formally announced, thus barring others the opportunity to apply for the position.

LouisianaVoice has learned that several legislators are upset at the latest pay raises, Edmonson’s in particular, and that the Legislative Fiscal Office has begun inquiries as to who authorized them.

This gambit comes only two years after a furtive attempt to increase Edmonson’s retirement benefits by $55,000 per year despite his having locked his retirement years before by opting to participate in the former Deferred Retirement Option Plan (DROP).

LouisianaVoice learned of the attempt, made via an amendment to an obscure bill in the closing hours of the 2014 legislative session. That attempt, from which Edmonson attempted to disassociate himself, was thwarted by a combination of negative public reaction and by a lawsuit filed by State Sen. Dan Claitor (R-Baton Rouge).

But now he’s back and time it looks as though he may have focused unwanted attention on himself and his agency.

Sometimes it’s best to keep a low profile, but in the case of DPS, it certainly hasn’t been very profitable—or fair.

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The misadventures of Troy Hebert: federal court rules he violated ex-agent’s privacy rights, may have defamed him

Posted in ATC, Corruption, Courts, Elections, Ethics, Governor's Office, Judges, Lawsuits, Media, Politicians, Public Records, Senate on September 13, 2016| 7 Comments »

It’s been more than a year since Troy Hebert showed up at State Civil Service hearing over his firing of former Alcohol and Tobacco Control (ATC) agent Brett Tingle with five taxpayer-paid attorneys in tow.

That was the hearing from which Hebert tried unsuccessfully to bar LouisianaVoice only to be told a public hearing meant that it was…well, public. https://louisianavoice.com/2015/07/10/civil-service-hearing-for-fired-atc-agent-continued-to-sept-after-settlement-talks-break-down-troy-didnt-want-us-there/

It was during the proceedings that fateful day (July 10, 2015) that Hebert, then the ATC Director but now a minor (and boy, do we mean minor) no-show (as in the polls) candidate for the U.S. Senate, made such a big production of releasing the contents of private cell phone text messages by Tingle. https://louisianavoice.com/2015/09/27/troy-hebert-may-have-violated-state-constitution-in-releasing-contents-of-private-text-messages-in-effort-to-discredit-agent/

It was a move (mis)calculated to embarrass Tingle publicly and to weaken his appeal before the Civil Service hearing officer.

On Tuesday, Sept. 13, however, it was Hebert, Bobby Jindal’s fair-haired boy, who was dealt a little embarrassment. file:///C:/Users/Tom/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/CKN53EOO/2016%2009%2013%2032%20Order_Mo%20to%20Dismiss%20(003).pdf

U.S. District Judge John W. deGravelles of Louisiana’s Middle District in Baton Rouge ruled that the privacy of Tingle’s cell phone was protected under the Fourth Amendment of the U.S. Constitution http://legal-dictionary.thefreedictionary.com/Fourth+Amendment and under  Article I § 5 of the Louisiana Constitution.  Louisiana courts have established that Article I § 5 provides greater protection of privacy rights than the Fourth Amendment. https://louisianavoice.com/2015/09/27/troy-hebert-may-have-violated-state-constitution-in-releasing-contents-of-private-text-messages-in-effort-to-discredit-agent/

At the same time Judge deGravelles, while dismissing some parts of Tingle’s lawsuit, left intact the most serious of the claims when he ruled that Hebert may have defamed Tingle on three separate accounts by:

  • Releasing the contents of the text messages;
  • Implying publicly that Tingle was in some way involved in the theft and burning of Hebert’s state vehicle when he said, if a person would “connect the dots,” it would be easy to determine who vandalized the vehicle;
  • Making statements about Tingle in his termination letter and in news releases.

deGravelle’s defamation ruling opens the door to Tingle’s seeking substantial monetary damages.

Because Tingle’s lawsuit is against Hebert personally and not the state, Hebert would be solely liable for any damage award if found liable.

Reached at his home Tuesday night, Tingle said he had not had a chance to read the six-page ruling but he had discussed it with his attorney, J. Arthur Smith, III. “I’m delighted at what I’ve heard,” he said.

Hebert has been the subject of several stories by LouisianaVoice over the past few years—ever since his appointment to succeed Murphy Painter as ATC head when the Jindal administration attempted to frame Painter on trumped up charges when he wouldn’t play ball with Stephen Waguespack and the rest of Jindal’s junior varsity team. https://louisianavoice.com/2014/10/24/another-embarrassment-for-jindal-ex-atc-commissioner-murphy-painter-wins-defamation-suit-against-his-accuser/

Besides his bizarre behavior in person-to-person dealings with his agents, he also has been known to assign a female agent to undercover drug enforcement in New Orleans bars and then to assign her to uniformed patrol at the same establishments the following week, a move that could have endangered her life.

He also transferred a black agent from New Orleans to Shreveport on a full time basis with less than a full day’s notice, supposedly as a way to force the agent’s resignation and was said to have confided in one of his white agents that he intended to force blacks out of the agency.

And then there was this story that LouisianaVoice broke last January: https://louisianavoice.com/2016/01/26/fbi-said-investigating-troy-hebert-for-using-office-to-extort-sex-from-woman-in-exchange-for-fixing-licensing-problems/

All in all, it’s not been a very good year for Troy Hebert who, in the last poll we saw, polled exactly 0%. You’d think that with 24 candidates in the race to succeed U.S. Sen David Vitter, Hebert would pull at least 1% just by accident.

Shoot, even our former governor, ol’ what’s his name, did better than that in his comical run for the Republican presidential nomination.

But for what it’s worth, Troy, if it came down to a choice between you and David Duke, we’d be out campaigning for you. Thankfully, however, it looks as though it may be between the two of you for 24th place.

 

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Trying to navigate FEMA much akin to shoving toothpaste back into the tube: an exercise in both futility, frustration

Posted in Uncategorized on September 13, 2016| 12 Comments »

My home was just one of tens of thousands that were inundated by the horrific floods of a month ago. So you can probably multiply the frustrations I’ve encountered with a lumbering behemoth called FEMA.

I’m certain my experience is far from unique.

There should be a sign from Dante’s Divine Comedy reading “All hope abandon ye who enter here” over the door to the room for your FEMA interview. Besides a bottle of water while you wait to be called for the familiar dance known none too affectionately as the Bureaucratic Shuffle, you can expect to become hopelessly ensnarled in mind-numbing red tape.

This is not to cast dispersions on the individuals trying to process your claim. They are people with limitations just like the rest of us and I’m sure they’re doing the best they can at dealing with an endless stream of personal misery for eight to ten hours a day.

And therein lies the crux of the problem: they’re doing the best they can.

When disaster like this flood occurs, FEMA moves in. But it moves in to hire temps with no real experience of dealing with even minimal claims, let alone the volume of claims of such magnitude to inflict thousands upon thousands of losses totaling more than $7 billion.

The recruits are apparently taken somewhere and put through a weekend course of FEMAology 101 and then sent out to solve problems.

A typical process has homeowners being ushered into a FEMA Disaster Recovery Center scattered around the area—provided you can get a straight answer as to their locations (in my case, it took a phone call and a couple of Internet searches to find one; they apparently are quite mobile in that they seemed to keep jumping around).

Once registered, you are seated at the extreme right end of the back row of chairs (there were three rows). As those at the front left are called up for their interviews, we advance a seat at the time, not unlike those snake-like lines for rides at Disney World—except, thankfully, we were sitting.

That’s the fun part. After that, the frustration begins to set in—and it only grows from there.

“When you’re through here,” our first FEMA rep told Betty and me, “you need to sign up for your SBA loan. (I’m still trying to understand what the Small Business Administration has to do with my losing my home.) “After you’re denied by SBA, you need to come back to FEMA to apply for a grant.”

After I’m denied by SBA? WTF?! Why can’t we just go straight to the FEMA grant?

Oh. It doesn’t work that way.

So, according to FEMA protocol, we first had file an official claim with our homeowner’s insurance carrier even though anyone who doesn’t live under a rock knows full well a homeowner’s policy does not cover flood damage. Our homeowner’s carrier dutifully sent out an adjuster who did a walk-through. As expected, our flood damage was denied.

Then it was our flood insurance carrier’s turn and here some explaining is called for.

We initially believed we had no flood coverage because like everyone else in our part of town, we cancelled our flood coverage when we paid off our mortgage because the area of Denham Springs where we live had never in its history experienced high water.

But recently we borrowed $40,000 to pay for roof work, tree removals and other improvements. And our lender, to protect its interests, initiated what is known as a “forced buy” policy for the amount of the loan ($40,000) and added the premium ($2,000) back onto our loan.

Thus, when the flood struck, we stilled owed about $35,000 but the beneficiary is the bank, so we will have a net of about $5,000 to make massive repairs of $70,000 or $80,000—and to replace furniture and appliances.

To complicate matters even more, the adjuster for the flood insurance carrier explained to us that because the policy was for only $40,000, he was limited to that amount for his assessment of damages. “I can easily see much, much more in damages,” he said, “but my contract won’t let me go higher than $40,000. When I get to that amount in damages, even if I’ve only seen one room, I have to stop.”

Well, that makes a lot of sense: damages approaching $80,000 or so, but he’s has to stop at $40,000. Good thing they don’t kick you off an airplane if ticket prices go up in mid-flight.

So then the FEMA adjuster comes out and does his thing. Twice. He apparently failed to take a sufficient number of pictures his first trip, so he had to come back and take five more.

After all that, we were denied by FEMA because (1) we have flood insurance and (2) there wasn’t enough damage to our home to warrant a grant.

Never mind that we carefully explained the conditions of that flood policy. In FEMA’s eyes, we were insured and didn’t sustain sufficient damage to qualify for assistance.

So on Monday (Sept. 12) I returned to FEMA where I was greeted with a bottle of water.

Carefully, oh, so carefully, we (I had my son-in-law with me to help me keep my temper in check and to assist me in keeping the increasingly befuddling facts of this surreal nightmare straight) explained to the nice lady who had probably already heard about 20 various tales of woe (this was around 4:30 p.m.) that:

  • Yes, there was a flood insurance policy of $40,000;
  • But there was also an existing loan with an outstanding balance of $35,000 which leaves us with only $5,000 for repairs;
  • Our damages at extensive in that our 2300-square-foot home was demolished (three feet of water will do that);
  • Here is a copy of the insurance company’s declaration page clearly showing the $40,000 limit and here is a letter from the lender showing our payoff balance as of today;
  • The flood insurance adjuster was limited to assessing damages at the maximum amount of the loan ($40,000), though actual damages were far in excess of that.

She listened quite sympathetically and then said we’d have to speak to FEMA’s insurance “expert,” who was seated a couple of seats away.

So, we not quite as patiently went through the entire process after which he blinked in a way strangely reminiscent of Bambi caught in the headlights and said we would “probably” (so much for any claim of expertise) need a letter from our lender explaining that the policy was only for $40,000 and that we still have a balance of $35,000 (very similar to the documents we’d just shown him).

Also, he said, we would need the homeowner’s policy carrier to send its adjuster back out to give a full appraisal of damages (like that’s gonna happen; that insurance company doesn’t have a dog in this hunt, so why should they comply with that request?).

And (apologies to the late Walter Cronkite) that’s the way it is on Tuesday, September 13, 2013.

 

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We still need your stories, photos for book about flood

Posted in Uncategorized on September 11, 2016| 2 Comments »

We know many of you are still trying to sort out all the red tape in your recovery from the 2016 flood. We know this because we’re also trying to make the tough decision of whether repairing, rebuilding or relocating.

But life, as it must, goes on, so we’re sending out this reminder to send us your stories and/or photos of your own flood experience—good or bad.

We are compiling a book to be published by Cavalier House Books of Denham Springs.

We need stories and photos of damages, losses, evacuations, reunions, shelter experiences, food and shelter provisions offered by volunteers, churches and governmental agencies; problems and frustrations experienced with FEMA, local and state governments, SBA, Louisiana National Guard, etc.

We especially need stories of the incredible rescue work performed by the Cajun Navy, sheriffs’ deputies and other law enforcement agencies (state and municipal police), fire departments, and emergency ambulance services, including AirMed.

Most of all….photos, photos, PHOTOS!

And, please, don’t worry about spelling, punctuation or grammar. That’s why we have editors.

One-half of all net profit from the book will go to flood relief.

Please email your information/photos to:

louisianavoice@yahoo.com

All those who submit stories and/or photos that are used will receive complimentary, signed copies of the book

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