Where to start.
There are so many inconsistencies and short circuiting of the system by the State Ethics Board regarding those four state troopers who went sightseeing to the Grand Canyon and Las Vegas en route to San Diego in October 2016 that one has to wonder if the board exists in some sort of parallel universe.
The ethics board last month CLEARED the four troopers of any wrongdoing even though they knowingly went several hundred miles out of the way to make their side trip—for which they claimed to be on the clock and were paid overtime.
First of all, the board concluded that they four were instructed by their then-boss, State Police Superintendent Mike Edmonson to take the “northern” route in their drive to San Diego, the route that took them on their taxpayer-paid sightseeing vacation.
But regardless of whether Edmonson so instructed or not, the Louisiana State Police (LSP) Policy and Procedure Manual addresses the very issue of carrying out orders that are contrary to state law.
It’s right there in black and white on page 360:
- “A commissioned officer shall promptly obey and execute any and all lawful orders of a superior officer. A “lawful order” is any order or assignment issued either verbally or in writing by a superior or ranking officer.” (emphasis mine)
- “A commissioned officer shall not obey any order which he knows, or should have known, would require him to commit an illegal act. If in doubt as to the legality of an order, officers shall request the issuing officer to clarify the order.” (emphasis mine)
Of course, the decision—or perhaps non-decision would be a better description—sets up the four for a strong appeal of their discipline imposed by Edmonson’s successor, Col. Kevin Reeves.
In demoting Rodney Hyatt and Derrell Williams and reducing their pay, Reeves admonished them for “indifference” to what he called the “common sense notion” that it is not proper to claim pay for time when they were sightseeing or sleeping. Hyatt was demoted from lieutenant to sergeant and Williams from major and head of LSP’s Internal Affairs, to lieutenant.
Their appeal claims that their discipline was improper on procedural grounds because LSP took too long to complete its internal affairs investigation. They say the agency violated its owns policies by failing to request an extension of the internal investigation within 60 days.
But wait.
Back on June 8, retired state trooper Leon “Bucky” Millet appeared before the State Police Commission and advised commissioners of his belief that LSP was not adhering to commission rules regarding timely conducting investigations.
That was during the time that the commission seemed to be deliberately dragging its feet in its investigation, presumably on the pretense that there were vacancies on the commission and it was desired that new members coming onto the commission should have an opportunity to participate in the investigation.
In response to Millet’s concerns, Lt. Col. Mike Noel specifically said it was permissible for an employee to agree to an extension of time in accordance with the police officer’s Bill of Rights—and that the employees in question (Hyatt and Williams) “have agreed to the extension,” (emphasis mine) according to OFFICIAL MINUTES of that June 8 meeting published on the commission website.
State police are in a unique position in that they do not fall under the jurisdiction of the State Civil Service Commission but instead come under the moribund State Police Commission which is more prone to rubber-stamping recommendations to not investigate political activity by the Louisiana State Troopers Association.
Millet was told by the Board of Ethics on April 24, 2017, that the board declined to investigate as activity by two commission members because the LSTA “is not a public entity subject to the ethics code which includes the whistleblower statute.”
Yet, the ethics commission fined LSTA and its executive director David Young $5,000 for the LSTA’s action of funneling political contributions to political candidates, including but not limited to Bobby Jindal and John Bel Edwards, through Young’s personal bank account.
Some observers might call the claim that it had no jurisdiction over LSTA because it “is not a public entity” and the $5,000 fine inconsistent.
But hey, to be fair, consistency has been the hallmark of both the State Police Commission and the Ethics Board. They both have been consistently weak. Consistently able to avoid doing their jobs. Consistently ineffective and irrelevant. Consistently useless.
Once again the people take it on the chin. That takes the last morsel of respect I had for LSP. This lack of respect will only make their job harder and less safe.
Louisiana is doomed to a deficit budget with theft by deception of our money for expenses, and improper use of the taxpayer’s equipment. And a completely ineffective legislature that can’t even pass a budget.
I would say that is a great description of every state agency and the legislature in general — “Consistently weak. Consistently able to avoid doing their jobs. Consistently ineffective and irrelevant. Consistently useless.” Now we are being treated to the unfolding story of the LSU HR department that is fond of firing professors for sexual harassment and cursing but is led by hypocrites that habitually use the f-bomb themselves. The trouble is the bosses like Edmonson and Monaco are allowed to retire instead of being fired, and their minions remain to perpetuate the same culture of corruption, cronyism, and hypocrisy. Instead of Union, Justice, and Confidence, the state flag should be emblazoned with Weak, Ineffective, Useless.
Were these troopers “ordered” to take this trip or did they ask and were given permission? Was the trooper’s wife “ordered” to ride with them? Were they “ordered” to claim overtime for this trip? If they were told that they could do this on their time and expense that would be one thing, but the culture in Louisiana state government is “it’s taxpayer money” so it is ok. Do these troopers have to take the state required ethics course each year like the rest of the state employees? Maybe they need personal instructions from an ethical expert.
The LSP needs to be supervised by someone who is not a Trooper themselves, as this only perpetuates the “good ole boy” syndrome”. Perhaps a retired Sheriff or Chief of Police might have a better managerial perspective without being part of the network.
Every member of the “ethics” commission who exonerated the wayward state troopers should be fired and replaced. It is not ethical to decide that two wrongs make a right. The traveling troopers had to know that payroll fraud and claiming work-related travel expenses when you are not doing the state’s business are criminal, no matter what your supervisor allows. If the supervisor said it’s okay to murder someone or assault someone, does that give the employee who commits such a crime a pass?
State employees know what’s right and what’s wrong. This wrong-headed decision by the very people who are supposed to provide guidance and oversight on what is right and what is not right in state government, and to safeguard the people’s interest, makes a mockery of the thousands of honest, hardworking public employees who do their jobs, often under difficult conditions with few resources, and do not enrich themselves at state expense. This crazy decision just opened the door for all state employees to commit crimes as long as their supervisor approves.
To think that law enforcement officers – high level ones, at that – are getting away with fraud is beyond disgusting. They are the very individuals who would have arrested me if I had been accused of theft and fraud during the three decades I served the state. Their sanctions so far are not in keeping with their betrayal of pubic trust.
And the unethical commission that is letting the troopers get away with fraud – because the boss okayed criminal behavior – should all be replaced posthaste.
earthmother–Excellent analysis. Thanks for this discussion.
AMEN TO EARTHMOTHER. CAN’T BE SAID BETTER.
SOMETHING IS WRONG, WRONG HERE. LOOK INTO IT FURTHER, TOM.
SICKENING WHAT STATE POLICE HAS BECOME! WE STILL DO NOT HAVE AN ANSWER ON THE LACE TROOPERS STEALING OVERTIME!? WHEN IS COLONEL REEVES GOING TO DO HIS JOB AND STOP THIS CORRUPTION! THE GOOD HONORABLE TROOPERS AND THE PUBLIC DESERVE BETTER! SOMEONE FROM OUTSIDE THE POLITICAL CRONYISM WILL HAVE TO BE APPOINTED TO FIX THIS MESS!
I am personally tired of reading about this crap. Its over, let it alone. The truth about it is, if you investigated every state agency the way y’all do state police you would find the exact type of wrong doing in EVERY single office, but no one seems to want to investigate that. The truth is our whole state is corrupt. So why are we spending two years talking about the same thing over and over. Instead of investigating anything else that cost the taxpayers? I’m just tired of hearing about it myself.
I agree that much time has been spent on this one issue but the issue remains on the front burner because it’s kept there by the State Police Commission, the State Troopers Association, and the State Ethics Board. It’s legitimate news.
And of course, you are correct that there is other illicit activity in other agencies and we haven’t forgotten about those.
You’ve made valid points and they’re not being ignored. Thanks.
An excerpt from James Comey’s forthcoming book, A Higher Loyalty:
“I once again was having flashbacks to my earlier career as a prosecutor against the Mob. The silent circle of assent. The boss in complete control. The loyalty oaths. The us-versus-them worldview. The lying about all things, large and small, in service of some code of loyalty that put the organization above morality and above the truth.”
Kiki, just because everyone is doing wrong is no reason to throw in the towel and concede that in Louisiana right and wrong are one and the same and we should not try and make the state RIGHT again. .