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Archive for May, 2017

How you gonna keep ’em down on the farm? Cannabis research could do the trick for LSU, Southern students

Posted in Legislature, Legislators, LSU on May 29, 2017| 20 Comments »

I recently had occasion to be at the Louisiana Department of Agriculture and Forestry (LDAF) to take a gander at some public records. I was ushered into a conference room where all the requested records were stacked on a table.

About halfway through the process of copying the records, we (LDAF press secretary Veronica Mosgrove and I) were uprooted to an adjoining room as various official-looking persons began filtering into the conference room. They were carrying documents and looking all serious and important and ignoring me like any self-respecting individual of such prominence naturally would. So of course, I asked who they were and what they were meeting for.

Veronica explained that they were some sort of ultra-serious group assembled to facilitate the coordination of the implementation of Louisiana’s new Revised Statute 40: 1046, Part X-E, aka the Therapeutic Use of Marijuana law.

Odd, I thought, because those who entered the room appeared focused and clear-headed, and none appeared to have the munchies, a condition that generally accompanies the use of cannabis. In fact, everyone seemed fairly alert and no one called me dude.

And with one exception, no one entered with that faraway, glassy-eyed stare so typical of those who indulge in ganja. Agriculture Commissioner Dr. Mike Strain was fashionably late and as he entered, Veronica introduced me to him and we shook hands. That’s when I noticed that he had what I like to call for a lack of a better term, that blank gladda-meetcha-gotta-move-on-I’m inna-big-hurry stare so common to elected officials. His eyes gave me the brief once-over as he quickly hurried into the meeting.

Pot had nothing to do with it; it’s the look they learn their first day in Politician College in Meet-n-Greet 101 where they’re taught to look at you but not actually see you. The only way to penetrate that defensive force field is with a special password, usually written on a check, in multiples of a thousand dollars. It’ll instantly melt away that glacial stare and earn you the big grin of warm recognition and the ever-elusive eye-to-eye contact, gestures reserved for special constituents—as in campaign donors.

But I digress.

Louisiana, for better or worse, is officially in the POT BUSINESS, thanks to the efforts of State Sen. Fred Mills (R-New Iberia), Louisiana’s 2008 Pharmacist of the Year and recipient of the 2010 Louisiana Family Forum’s Family Advocate Award, who pushed through Senate Bill 271 which became Act 96 of the 2016 legislative session upon Gov. John Bel Edwards’ signature.

And of course, there are rules governing the licensure of medical pot prescriptions. Lots and lots of RULES.

And it fell to Strain’s Department of Agriculture and Forestry to develop a plan for licensing a single producer for the (legal) cultivation and distribution to 10 pharmacies licensed to sell the product.

Okay, that makes sense. If we’re going to regulate something that is grown and cultivated from mother earth, it’s only logical that the Department of Agriculture have a hand in the decision-making process. No problem there.

And it’s also understandable that the Louisiana Board of Pharmacy will regulate the 10 pharmacies licensed to sell weed.

But there’s a kicker.

Buried deep in those rules is this:

“The Louisiana State University Agricultural Center and the Southern University Agricultural Center shall have the right of first refusal to be licensed as the production facility, either separately or jointly.” (emphasis added.)

Then, two paragraphs further down the list of rules is this gem:

“The Louisiana State University Agricultural Center or the Southern University Agricultural Center may conduct research on marijuana for therapeutic use…” (emphasis added.)

Given, it’s been a long—nearly five decades—time since I walked off the Louisiana Tech stage with my journalism diploma in hand and I know a lot has changed on college campuses. For one, I’m told freshmen girls at Tech no longer are required to be securely in their dormitories by 7 on week nights (10 p.m. on Fridays). They’re probably allowed to stay out until 9 weeknights and 11 p.m. Fridays by now. That’s a liberal college town for you.

But at the same time, I know some things probably have not changed.

And that’s why the decision to allow college students—agriculture students, no less—to research the best methods to grow marijuana is….well, interesting.

What could possibly go wrong?

What are the odds some enterprising students might decide to launch their own freelance farming/research enterprise?

Not that I would ever rat them out. I did that once already, albeit inadvertently, and once was more than enough.

When I was at Tech and simultaneously running the North Louisiana Bureau for The Shreveport Times and Monroe Morning World, I kept noticing one popular student, a Tech football player, leading a blind student to and from his classes each day. Impressed by this unusual alliance and touched by the player’s kindness, I sought an interview for a human interest story.

Near the end of the interview, he volunteered that, besides his friendship with the blind student, he had other interests that were not typical of football players. “I grow a garden,” he said. “It’s in the woods and I work in it every day.”

Naively assuming he was raising tomatoes, squash, brown crowder peas and such, I included that in the story. Lincoln Parish Sheriff George Simonton, a bit more perceptive and infinitely more seasoned in assessing human frailties than I, easily read between the lines. His deputies staked out the garden. A really nice guy was subsequently arrested, kicked off the football team and left school after his marijuana “garden” was raided. Of course, I was stunned and saddened. Never did I imagine what kind of garden it was, nor could I comprehend later why he ever alluded to it in the first place during the interview. I’m not a toker but never would I intentionally have outed him.

Finally, even further down, we find this language:

“No person licensed pursuant to this Subsection shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in part by any state employee or member of a state employee’s immediate family, including but not limited to any legislator, statewide public official, university or community or technical college employee, Louisiana State University Agricultural Center employee, or Southern University Agricultural Center employee.”

That’s as it should be. That complies with the state’s ethics rules governing state employees and elected officials. Of course, ethics rules are often ignored by those in certain positions in state government.

For example, nowhere in the 4,500-word list of regulations does it prohibit a legislator who happens to be a pharmacist from obtaining one of those 10 licenses to sell medical marijuana.

Hmmm.

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Jindal wanted it first, now Edwards pushes for state water chiller privatization despite a pair of unfavorable reports

Posted in Business, Contract, Contracts, DOA, Ethics, Finances, Governor's Office, Politicians, Privatization, RFP, Request for Proposals on May 26, 2017| 7 Comments »

It may not be as furtive as Sen. Neil Riser’s 2014 amendment to sneak a hefty retirement raise for State Police Superintendent Mike Edmonson through the legislature, but something doesn’t seem quite right about a request for proposals (RFP) due to be issued by the Division of Administration by the end of the month (Thursday).

And this time the legislature has nothing to do with it; curiously, the project was initiated by Bobby Jindal and continues to be pushed by John Bel Edwards despite two separate studies that have said it is a bad deal for the state.

A request for information (RFI) for a “public-private partnership related to the State of Louisiana’s Central Chilled Water Facilities” was issued by the Division of Administration on March 17, 2015. The Jindal administration as part of its privatization push, was exploring the feasibility of entering into an agreement whereby a private entity would take over operation of the facilities which provide chilled water to air-condition state buildings in the Capitol Complex and elsewhere.

The state currently operates two such facilities, one in South Baton Rouge and the other in North Baton Rouge.

Only two companies, Bostonia Group of Boston and Bernhard Energy of Baton Rouge, submitted proposals in May 2015 but on June 23, 2015, Glenn Frazier, director of the Office of State Buildings, issued a letter which said in part, “After thorough review of the two proposals by an evaluation committee, Bostonia Group’s proposal was rejected and Bernhard Energy was asked to present an oral presentation. After hearing Bernhard Energy’s oral presentation and reviewing there (sic) subsequent follow up information, the committee has determined that due to the exceptionally high cost, it is clearly not in the state’s best interest to enter into a public-private partnership with Bernhard for the proposed services.” OSB Review Team Report

Apparently not satisfied with that recommendation, the Jindal administration then entered into a $25,000 contract with Assaf, Simoneaux, Tauzin & Associates (AST) Engineering Consultants of Baton Rouge on October 20, 2015, for the “Evaluation and Feasibility Study” of Bernhard’s proposal.

The state currently owns all the equipment and piping for both plants. Bernhard proposed extending the piping to other non-state entities and to market the chilled water with 38 percent of the sales being credited to the state.

AST, in a June 29, 2016, letter to Bill Wilson of the Office of State Buildings (OSB), said the proposed 38 percent credit to the state “appears to be low given the fact that the state currently owns all the equipment and is producing and distributing the chilled water.”

Despite acknowledging that Bernhard had “tweaked” its initial offer to come up with a more attractive proposal, AST said the “adoption of this agreement would not be advantageous for the State of Louisiana in its current form.”

AST called the revised formula submitted by Bernhard “cumbersome,” adding that “Based on our assessment and analysis, we recommend the current response to the RFI not be accepted by the State of Louisiana as a final proposal/contract.” AST Review Team Report

Bernhard submitted four options: one calling for a 20-year contract, two for 30-year durations and the fourth for 99 years. Under terms of its proposal, Bernhard would pay the state cash up front, depending upon which option was agreed upon. Under Option One, the state would receive $9.1 million for the 20-year agreement. The state would receive $12 million under Option Two and $12 million under Option Three, each for a 30-year contract. For the 99-year agreement, the state would receive $14.5 million up front.

Bernhard would invest some $13 million in expanding the piping system in order to serve private entities in downtown Baton Rouge. The state, in turn, would purchase its chilled water from Bernhard Energy. Additionally, the state would continue to own all piping and equipment but would “retain the obligation to operate, maintain, repair, renew, and replace the Central Chilled Water Facilities (CCWF) including any improvements or new equipment installed by Bernhard.”

In an email exchange with the state, Bernhard was told, “The concept of having a State entity, i.e., Office of State Buildings contract with Bernhard Energy and then have the state pay for the services back to Bernhard Energy does not appear to be logical from the State’s perspective. This would additionally place a state entity (Office of State Buildings) serving both a private contractor at the same time as providing services to its State tenants. Doing so could would likely result in not providing the expected service levels to the agencies we serve and it (could) direct (sic) conflict with achieving the agency mission.” StateofLACCWF.BernhardResponses.12.19.15[1852].docx.0001

Bernhard’s response was immediate and significant in that the wording of the company’s response hinted that the entire RFP process may have been rigged to benefit Bernhard:

“Bernhard is confused by the response of the State on this item. During a meeting with Bernhard representatives on September 29, 2015, the State indicated that it could operate the facilities cheaper than Bernhard. To decrease the rates under the Thermal Services Agreement, Bernhard agreed to offer a proposal whereby it subcontracted the operation and maintenance of the facilities back to the State. If the State does not wish to have the operation and maintenance of the facilities subcontracted back to it, Bernhard can retain the operation and maintenance and the costs associated with the operation and maintenance of the facilities would be recovered through the rate structure previously proposed.

“In contrast, if the State does not wish to have Bernhard operate and maintain the facilities, which was, in large part the basis of the RFP, and it is unknown why the State would have issued the RFP, and allowed Bernhard and other respondents to expend substantial sums in pursuit of this project if the State had no intention of having a third party operate and maintain the facilities.”

But if you thought the project was dead, think again.

LouisianaVoice has obtained an email from Commissioner of Administration Jay Dardenne dated April 19 of this year in which it was made evident that the governor’s office wants the public-private partnership to become reality.

Here is that email:

I have assured the Gov that we will have the RFP on the street no later than May 31. My understanding, which I communicated to him, is that we anticipate that the statewide proposal (including Capitol Park and the DOA controlled properties across the state) will probably be the first one out of the chute based on the delays created by defects in the Southern proposal which has been sent back to the school. I want to make sure that we meet or beat the May 31 deadline. I know that everyone’s focus has been on the SFO (solicitation for offers) for the PM (prescription marijuana) (properly so) but this now needs to be a top priority. Please make sure your folks understand. Thanks. Jay (emphasis ours).

Just in case you don’t believe us: DARDENNE MEMO

Jim Bernhard, who heads up Bernhard Energy, previously served as Chairman of the State Democratic Party and was mentioned as a possible candidate for governor in 2007. He built and headed the Shaw Group before it was sold to Chicago Brick & Iron (CB&I) a few years ago for $3 billion.

He and his assortment of companies have been major players in the state’s political field, contributing more than $85,000 to Gov. John Bel Edwards in 2015 and 2016 and $56,000 to former Gov. Kathleen Blanco in 2003. By contrast, campaign finance records show that he and his companies gave only $3,000 to Jindal in 2003 ($1,000) and 2007 ($2,000).

But his generosity to Blanco apparently paid huge dividends in the aftermath of Hurricane Katrina in 2005.

The Shaw Group was contracted to place tarpaulins over damaged roofs at a rate of $175 per square (one hundred square feet per square). That’s $175 for draping a ten-foot-by-ten-foot square blue tarpaulin over a damaged roof. Shaw in turn sub-contracted the work to a company called A-1 Construction at a cost of $75 a square. A-1 in turn subbed the work to Westcon Construction at $30 a square. Westcon eventually lined up the actual workers who placed the tarps at a cost of $2 a square.

Thus, the Shaw Group realized a net profit of $100 a square, A-1 made $45 dollars per square, and Westcon netted $28 dollars a square – all without ever placing the first sheet of tarpaulin. Between them, the three companies reaped profits of $173 per square after paying a paltry $2 per square. The real irony in the entire scenario was that the first three contractors – Shaw, A-1, and Westcon – didn’t even own the equipment necessary to perform tarping or debris hauling. By the time public outrage, spurred by media revelations of the fiasco, forced public bidding on tarping, forcing tarping prices down from the $3,000-plus range to $1,000, Shaw and friends had already pocketed some $300 million dollars.

The state threatened prosecution of those who it felt overcharged for a gallon of gasoline in Katrina’s aftermath but apparently looked the other way for more influential profiteers.

Any odds on who gets the contract for the water chiller?

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Why would FBI conduct Dentistry Board audit? We can think of several reasons as legislature considers board move repeal

Posted in Audit Reports, Campaign Contributions, Commissions, Corruption, Ethics, House, Senate, Lawsuits, Legislature, Legislators, PACs, Politicians on May 16, 2017| 5 Comments »

It’s been nearly a year since we’ve written anything about the Louisiana State Board of Dentistry and while there appears to be little going on with the board, there is quite a bit of activity going on beneath that veneer of tranquility, including, apparently, an ongoing FBI audit of the board.

Despite the efforts of State Sen. Daniel Martiny (R-Metairie) who, in 2014 passed legislation to move the board’s headquarters from New Orleans to Baton Rouge, the board has continued to resist the move from its posh high-rent offices on Canal Street.

Our last story about the LSBD was last July. https://louisianavoice.com/2016/07/18/case-of-slidell-dentist-illustrates-unbridled-power-of-dentistry-board-to-destroy-careers-for-sake-of-money/

Apparently the FBI has taken an interest in the LSBD.

The AGENDA for a special March 10 meeting (a Friday, no less) of the board caught the eye of one of our regular readers, a dentist who was put through the board’s mill and ground into so much fodder a few years ago.

Buried on page three of the agenda, under the heading “New Business and any other business which may properly come before the board,” was item IX which said, “Discussion of FBI audit results (p. 50).”

We had no prior knowledge of any FBI audit, although we have been aware that the board’s former attorney is awaiting a disciplinary hearing before the Louisiana Attorney Disciplinary Board. https://louisianavoice.com/2015/11/16/dentistry-board-facing-difficult-future-because-of-policies-contracts-with-attorney-private-investigator-are-cancelled/

At the very bottom of page 3 was a call for an executive session “for the purpose of discussing investigations, adjudications, litigation and professional competency of individuals and staff; because discussion of these topics would have a detrimental effect on the bargaining and litigation position of the Louisiana State of Dentistry.”

It was unclear if the proposed closed-door session was related to the FBI audit or not.

LouisianaVoice will be making a public records request for that FBI audit report and we will publish our findings.

Meanwhile in his farewell address in the winter 2014 LSBD BULLETIN, outgoing President Dr. Wilton Guillory said, “Legislation was recently passed to move the Board’s domicile to Baton Rouge. If that legislation is not changed in the upcoming legislature as I hope, then the Board, who self generates its funds, will have to raise the license fees to fund the move. We have been able to prevent this in years past but will have no choice. We are working with the LDA (Louisiana Dentists Association) and legislators to try to prevent this unnecessary move.”

That self-generation of funds has been a bone of contention between the board and the dentists its disciplines. Because the board sets itself up as accuser, prosecutor and judge, dentists who appear on the board’s radar have little chance of prevailing in disputes.

That is, if they choose to dispute the board—and that’s a big “if” that carries high risks, as in high dollar risks. Often a token fine, if disputed, quickly becomes a five- or even a six-figure fine and more than one dentist has been run out of business by the sheer cost of defending himself from the board’s kangaroo court.

That’s why Martiny, when his own dentist fell into disfavor for a minor offense, took it upon himself to rein in the board by moving it from its Taj Mahal to more modest headquarters in Baton Rouge.

Thanks to State Reps. Robert Johnson (D-Marksville) and Frank Hoffman (R-West Monroe), Martiny’s efforts may be overturned before the move can even be implemented.

House Bill 521 by Johnson and Hoffman has been reported out of committee and is scheduled to be taken up for debate before the full House tomorrow (Wednesday, May 17). Simply put, the bill would amend Act 866 by Martiny, effectively negating that action, and allow the board to remain in either New Orleans or Jefferson Parish.

Hoffman has received $3000 from the Louisiana Dental Political Action Committee since 2011, $500 from Appel Dental, LLC in 2007, and an additional $500 from two individual dentists in 2007 and 2011.

Johnson, meanwhile, has received $6,250 from the Louisiana Dental PAC since 2011, and $500 from the Kid’s Dental Zone of Alexandria, LLC in 2015. He also received $500 each from the same two individual dentists as Hoffman.

We have documented several cases of the board’s heavy-handedness in dealing with dentists, its unscrupulous investigative methods, its dictatorial dealings with dentists and its exorbitant system of fines imposed in order to pay the rent on its office space and to pay its contract private investigator and attorney. We have also written about the legal troubles of that investigator.

Perhaps legislators might like to refresh their memories about the board before they vote on Wednesday. Here are links to just a few of our stories:

https://louisianavoice.com/2016/03/18/like-dental-board-louisiana-board-of-medical-examiners-survives-on-fines-and-incentive-to-punish/

https://louisianavoice.com/2015/04/16/13976/

https://louisianavoice.com/2016/07/07/dentistry-board-member-was-witness-in-earlier-case-now-he-also-decides-insurance-claims-benefits-paid-to-other-dentists/

https://louisianavoice.com/2015/04/15/remarks-by-former-head-of-state-dentistry-board-on-suit-dismissal-reopens-louisianavoice-investigation-of-tactics/

https://louisianavoice.com/2014/03/23/appeal-court-slams-lsdb-tactics-in-reversing-kangaroo-court-license-revocation-board-attorney-rules-on-his-own-objection/

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‘Troopergate Fatigue’ notwithstanding, new revelations keep on coming: private eyes, and no good deed goes unpunished

Posted in Corruption, Ethics, Finances, Governor's Office, Public Records, State Police on May 14, 2017| 19 Comments »

At the risk of an onset of “Troopergate Fatigue,” details keep emerging involving expensive TRIPS to conferences by members of former State Police Superintendent Mike Edmonson’s inner circle on the taxpayers’ dime.

But while The Baton Rouge Advocate’s Jim Mustian was busy documenting yet another of those trips, this one to Orlando back in 2014, LouisianaVoice has learned that members of the Louisiana State Police Commission (LSPC) now recognize that they were apparently asleep at the wheel when they approved the creation of a Chief Accounting Officer (CAO) position last August at the behest of Edmonson.

Of course it didn’t hurt that Edmonson, described by virtually anyone who knows him as a slick snake oil salesman, was able to schmooze the somnolent commission into approving his request.

But the thing that is really tragic about the whole affair is that it led directly to the forced resignation of LSPC Executive Director Cathy Derbonne when she pointed out irregularities in the procedures employed to elevate Maj. Jason Starnes into the position.

Once she was onto the scam, she simply had to go.

Events were set in motion when Edmonson, getting the cart ahead of the proverbial horse, listed Starnes as “undersecretary” on the State Police Web page. Derbonne pointed out to the Edmonson that the designation of undersecretary was incorrect because Starnes did not occupy the position. In fact, the designation of undersecretary was not Edmonson’s to convey; that responsibility belongs exclusively to the governor.

Edmonson conceded that her assertion was correct but said that he had given Starnes “oversight” over the Office of Finance and that he “has assumed those duties in his current position.” From that moment on, Derbonne’s fate was sealed.

“What I’d like to do in this position is create an unclassified position just like we have with all the lieutenant colonels. We still hold and maintain a classified position of Major so that, if I brought (in) a lieutenant colonel and said, ‘We’re making a change,’ they can go back to that classified position.”

In his August appearance before the board to pitch the new position, Edmonson explained that he was asking to “create this temporary assignment. I am not increasing my T.O. (Table of Organization, i.e. actual permanent positions) I am not creating any additional funding issues…He’ll do that position within that rank. My desire is to create…a CAO because of how much work we do within our office.”

Edmonson then offered to address any questions commission members had. One of those, from Jared Caruso-Riecke, was about any additions funding necessary for the position. Edmonson assured Riecke there would be “no new funds. It was not my intention to even ask for that,” he said.

This is where things got dicey.

Commission member Eulis Simien seconded the motion for approval of the position “with the understanding that we are accepting the motion to create a position not relative to any particular person. Whatever appointment would be based on being after the position is created.”

Yet, only moments before, Edmonson had specifically committed the position to Starnes in a statement that apparently every single member of the commission managed to miss. Asked by Riecke about the duties of the position and whether they were “created somewhat by the board that you have now, Edmonson responded, “Correct. Jason Starnes will come in this position and assume the duties and oversight.”

To hear that commitment, go HERE and scroll to the 2:27 mark in his testimony.

Then, no sooner had Starnes been officially named to the new position than he was rewarded with a $25,000 increase that prompted former member Lloyd Grafton (he ultimately resigned from the commission after questioning its overall integrity) to challenge the pay increase because of the promise by Edmonson that no additional funds would be incurred—another tidbit missed by everyone but Grafton.

When a formal complaint was lodged over the transfer of a classified member of the State Police Service being transferred to an unclassified position outside the State Police Service (as with the Starnes assignment), a violation of Rule 14.3g, contract attorney Taylor Townsend (initially hired to investigate campaign contributions by members of the Louisiana State Troopers Association but whose duties were apparently expanded to that of general counsel) said that Starnes was not officially appointed to the undersecretary position. Townsend confirmed that only the governor, and not Edmonson, had the authority to fill the position of deputy superintendent.

When Townsend further explained that the commission’s August approval of the CAO position had rendered the investigation of the complaint moot, Riecke moved to go into executive session.

LouisianaVoice protested that an executive session on that matter was illegal because it was not to discuss pending litigation or an employee’s character but Townsend said the closed door session was to discuss personnel matters.

Louisiana’s Open Meetings Law (R.S. 42:16-17) provides that a public body may go into executive session if two-thirds of the members present vote to go into executive session. In executive session, public officials may only discuss a) the character, professional competence or physical or mental health of a person (unless the person is being considered for an appointment), b) strategy or negotiations regarding collective bargaining or future or current litigation, c) security personnel, plans or devices, d) investigative proceedings regarding alleged misconduct or e) an extraordinary emergency.

Because the discussion was not about the character, professional competence or physical or mental health of Starnes, nor was it about hiring him specifically, but instead was about whether or not the creation of the position itself was legal, LouisianaVoice maintained at the time and continues to hold that the executive session was illegal, Townsend’s professional legal opinion notwithstanding.

Predictably, upon emerging from the 25-minute closed-door confab, Riecke made the motion that no further action be taken on the investigation of the complaint.

Townsend, of course, the same attorney who recommended no action be taken on the LSTA campaign contributions matter. He also never submitted any report to the commission to support his recommendation.

Finally reacting to the constant prodding of retired State Trooper Leon “Bucky” Millet of Lake Arthur, the commission last Thursday decided to request that all of Townsend’s papers generated by his “investigation” be forwarded to the commission since his contract stipulates that all his findings would become the property of the commission.

But that was not the only voice of concern emerging from Thursday’s otherwise tranquil meeting.

It now seems that Simien is also now concerned over Edmonson’s apparent misleading statements to the commission last August regarding the Starnes appointment. Go HERE and scroll to the 2:07 mark to hear his comments.

All this because Derbonne had the temerity to do her job land point out to Edmonson that he had incorrectly and improperly designated Starnes as a lieutenant colonel on the State Police Web page.

We can somewhat understand why, given the political nature of LSP and the players involved, why Derbonne became the sacrificial lamb. She was the easiest to set up, the most vulnerable, and best of all, expendable, both in terms of the ease of getting rid of her and replacing her.

What we fail to understand is why two members of the commission then, with their own money, retained the services of a private investigator to follow her. This was apparently done, LouisianaVoice has learned, in an effort to determine who within LSP might be leaking information to her.

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Post-Edmonson State Police Commission meeting devoid of confrontations, acrimonious atmosphere of past meetings

Posted in Public Records, State Police, Transparency on May 12, 2017| 5 Comments »

By Robert Burns (Special to LouisianaVoice)

Audience members attending the regular monthly meeting of the Louisiana State Police Commission (LSPC) on Thursday could be forgiven for believing they were attending the wrong meeting. During brief recesses, many attendees were observed commenting about the lack of tension and anxiety that have been so prevalent in past meetings.

With the exception of one hostile exchange between board member Calvin Braxton and Chairman T. J. Doss, the meeting was devoid of the hostility which has dominated so many of its meetings over the last several years. That hostile exchange arose from item five of the meeting’s agenda, which called for retaining the promotional test scores for 2016, with them remaining valid for another year. At its previous meeting, the educational authorities explained that, because of significant changes in the content of the examination, everyone should be required to retest to qualify for a promotion.

Braxton’s frustration stemmed from his contention that he had the full and enthusiastic support of Chairman Doss right up to the point of the meeting, at which time Braxton claimed Doss “had a totally different story” and opposed his measure, thus “making me look stupid.” Doss countered in saying, “I’m one vote,” and then stated that Braxton’s memory of their conversations was “quite selective.” Braxton, clearly irked by that remark, said, “Well, I tell you what,” and then decided not to complete his sentence and concluded, “I’m done with it.” He then apologized to the audience and to the troopers.

Leon “Bucky” Millet, retired trooper, has long voiced his complaints entailing the Commission, and, at the request of board member Eulis Simien, Jr., Millet, a watchdog over the Commission who has intensified his oversight over the last two years, submitted all his complaints in writing. One of those complaints entailed Millet’s contention that a “conflict” exists regarding Chairman Doss, as an active trooper, simultaneously serving as Chairman of the Commission. Perhaps subscribing to the theory that the best defense is an aggressive offense, Chairman Doss stunned Millet, other board members, and the audience by voluntarily agreeing to forego any promotional testing (and thus any promotions) during the duration of his 3 ½ year term as Chairman. Millet acknowledged that would allay any concerns he had regarding any conflict.

Next, Commission Executive Director Jason Hannaman addressed Millet’s complaint regarding “prohibited political activity” entailing the law firm of Taylor, Porter by indicating that the complaint “appears without merit” because the law firm is not a member of the Commission and therefore not subject to the same restrictions as members are subjected. The Commission voted unanimously to accept Hannaman’s report on the matter.

Next, Hannaman addressed the Jason Starnes appointment. He tiptoed around the prospect that former LSP Colonel Mike Edmonson may have initially improperly appointed Starnes to a position, but he indicated that the action was corrected via Starnes’ appointment to another newly-created position (Chief Administrative Officer). Upon Hannaman concluding his report, member Eulis Simien, Jr. voiced displeasure with “the manner in which the approval for that position came about.” He specifically referenced him, along with other members, being under a clearly-false perception that the position would entail no increase in pay.

In reality, Starnes received a substantial increase in pay from the creation of the position. Millet then stated that Simien previously asked Edmondson if the position was being created for Jason Starnes, and that Edmonson “emphatically denied” that the position was being created for Starnes. Simien stated that his recollection of his question was “directed at a position and not for any particular person.” Millet acknowledged that may well be the case, but that, “in my wildest imagination, the position wouldn’t be created for anyone but Jason Starnes.” The Commission voted to accept Hannaman’s report with the caveat that “misleading information had been provided.” Members Monica Manzella and Harold Pierite, Sr. abstained based upon them not having been board members at the time the position was approved.

Next, Hannaman addressed nominations to fill Commission vacancies. Hannaman indicated proper procedures for notifying colleges of vacancies and requesting names of those colleges to fill those vacancies were followed until around 2008. Thereafter, Hammaman indicated the colleges “were not notified by the Executive Director of the LSPC” and that, therefore, “in turn, the colleges failed to send nominations to the governor to fill vacancies that occurred.” Hannaman indicated corrective action was taken on or around October 13, 2016 to require the executive director to notify colleges and universities going forward and further indicated that governor(s) had acted properly in that the Louisiana Constitution “provides that they shall make appointments if the colleges fail to make nominations.”

Millet stated past actions by governors were tantamount to “speeding but there was no speed limit sign.” Commissioners Jared Caruso-Riecke, echoing sentiments first espoused by Simien, said he, Simien, and Manzella were “appointed under the procedure being complained about” but emphasized that all of their appointments “were legal.” Riecke also added that no “legal burden” existed for the Commission to notify the colleges but it just did so as a practice but, going forward, since the Commission had implemented a rule to notify colleges, notices would go out going forward. Simien echoed those sentiments. Millet indicated he was satisfied with the Commission’s corrective actions.

Next, the issue of WAEs (when actually employed) employees was addressed. Ginger Krieg, Human Resources Manager for Louisiana Public Safety, emphasized that, in order to qualify for these positions, one must have graduated from the LSP Academy; however, Millet countered that he could supply names of WAE employees who aren’t such graduates and referenced one “making $80,000 a year for coming in a day or two a week.” The Commission committed to having a full list of WAE employees for the next meeting, after which time the Commission will decide which positions for which it will seek job descriptions and duties for those employees.

The Commission also discussed records retention and the potential requirement for a written investigative report by former Commission legal counsel Taylor Townsend. The Commission committed to send Townsend a written request that all Commission files be returned, and it also instructed legal counsel Lenore Feeney to research whether Townsend was in fact required to issue a written report of his findings (she indicated she felt a written report was indeed required).

Also discussed was Millet’s complaints entailing malfeasance in office and payroll fraud. Chairman Doss indicated that matters such as that must be investigated by the appropriate law enforcement authorities and not by the Commission. Millet was accepting of that statement.

Audience members openly discussed why the Commission’s meeting today differed so markedly from those of the recent past in terms of transparency and tranquility. One frequent attendee indicated she felt the Commission had little choice because it had been “pressured” into changing by blog and newspaper exposure. Another regular attendee referenced the prospect that the absence of the overbearing shadow of former Col. Mike Edmonson resulted in Commission members, employees, and others feeling far more relaxed. Perhaps the best question to ask regarding the stunning improvement in meeting atmosphere is “does it really matter what brought it about?”

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