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Archive for the ‘ATC’ Category

 

Because of our limited staff (one, plus a few occasional contributors), we often fall behind in our efforts to keep up with the news of our misbehaving public officials. We try to keep up, but these guys are pretty slick and very resourceful in finding new ways to siphon off funds, whether they be state funds or contributions from campaign supporters.

So, today, we will highlight a couple of politicos who are very tight: Bobby Jindal and his director of the Office of Alcohol and Tobacco Control (ATC), Troy Hebert (whose wife just happens to be the Jindal children’s pediatrician, we’re told).

We have an update on the status of Frederick Tombar III, who, like Hebert was appointed to a high-level position in the Jindal administration only to harass himself out of a job.

Tombar, it seems, has landed on his feet after leaving his $260,000 a year job as director of the Louisiana Housing Corporation because of some sexually explicit emails he sent to two female employees—one, a contract employee and the other an actual employee of the agency.

Both women attempted to put off Tombar’s advances because of fear of losing their jobs but eventually each filed complaints and Tombar left before he could be interviewed during an investigation by Ron Jackson, Human Resources Director for the Division of Administration.

Not to worry. We’re told by sources that Tombar, of New Orleans, had a soft landing at Cornerstone Government Affairs consulting company where he will work alongside two former state Commissioners of Administration, Mark Drennan and Paul Rainwater. http://www.cgagroup.com/index.html

http://www.cgagroup.com/team/RainwaterPaul.html

http://www.cgagroup.com/team/mark_drennen.html

Efforts to reach both Drennan and Rainwater for comment were unsuccessful.

It’s not known what Tombar’s salary at Cornerstone will be, but we are willing to bet it doesn’t approach the quarter-million a year he was making as a Jindal appointee.

That other appointee mentioned earlier, Troy Hebert, of whom much has been written here, little of it good, recently sent a bill to former ATC agent Howard Caviness of West Monroe who now serves as Grambling State University chief of police. Well, actually, the bill was not from Hebert, but from the agency under which he serves, the Department of Revenue (LDR).

The invoice, for all of $123.59 is for an alleged overpayment to Caviness in Dec. of 2012, according to the letter dated April 29 which is stamped “2nd notice.” Supposedly, the $123.59, when collected, will go to help patch over Jindal’s $1.6 billion budget deficit. LDR letter

Attached to the letter is a time sheet for the two-week time period of Nov. 26—Dec. 9, 2012, with no explanation other than a hand-scrawled, “will leave a balance owed.” ATC timesheet

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Caviness, contacted by LouisianaVoice, feels the action is in retaliation for his having testified on behalf of another former agent, Brett Tingle, who Hebert fired while Tingle was recovering from a heart attack.

Reprisals against a state employee by officials in the Jindal administration? Surely not!

But that would fit the modus operandi of Hebert and would give credence to a third former agent who revealed she was ordered to conduct an investigation of LouisianaVoice publisher Tom Aswell (that would be me). That former agent admitted that she did indeed follow through on the investigation but found me “rather boring.” We’ll take boring any day.

But we did our own nosing around and found that Hebert played pretty fast and loose with campaign donors’ money while he was still a state senator—and even after he left office to take over operations at ATC after Jindal did a number on former ATC Director Murphy Painter.

At the top of the list, as with the case of so many office holders, was his $12,165 expenditure for the purchase of what seems to be the most sought-after perk of all state politicians: LSU football tickets—$4,930 of that well after he left the House of Representatives in 2010 to become head of ATC. It’s somewhat difficult to see how whose expenditures, especially the $4,930 spent after he left office, could be justified as being “related to the holding of public office,” as state campaign expense laws clearly dictate. related to a campaign  personal use  cannot use campaign funds for personal use

But, as they say in those cheesy TV commercials, “Wait! There’s more!”

Our boy Troy also shelled out the following amounts for other seeming unrelated purposes:

  • Nov. 11, 2014: All State Sugar Bowl tickets, $590 (again, quite a stretch in tying this to holding public office); SUGAR BOWL
  • April 22, 2009: Sullivan’s Restaurant, Baton Rouge, $2,323.10 for a fundraiser; RESTAURANTS
  • April 1, 2010: Delta Airlines, $691.80 (no explanation of any destination, but his House district was pretty small and probably didn’t require air travel to get around Iberia Parish; TRAVEL
  • April 1, 2010: Hilton Hotel, Washington, D.C., $1,505.70. Ah! There’s his destination for that Delta flight. But what was he running for in Washington? HOTELS
  • May 10, 2011: Monteleone Hotel, New Orleans, $500. About those two hotel bills: state regulations limit hotel rooms to a mere $120 per night. Perhaps someone should sent Hebert a bill for the difference. Oh, wait. The rooms were paid out of campaign funds, not the state treasury. So that makes it okay, we guess.  travelguide

Still, $15,452 in campaign expenditures which somehow just don’t pass the smell test for legitimate campaign expenditures, especially $5,520 of which was spent after he left office.

And then there’s Jindal.

Since 2009, a year after he first took office, he has racked up an eye-popping expenditure of $169,597 in hotel room costs alone. TRAVEL

Even more revealing, all but $30,000 of that ($139,660) has been since his re-election in October of 2011, evidence that he has spent precious little time in Louisiana performing the “job he always wanted,” and the job to which he was elected.

Jindal also spent more than $185,000 in campaign money since 2003 on air travel, his campaign expense records show. Because his travel expenses were about equally divided between pre- and post-re-election in 2011, it would indicate that much of his lodging was provided by organizations to whom he was speaking.

By running as an “undeclared” candidate for the Republican presidential nomination, he was able to make free use of campaign funds he reaped while running for and serving as governor. That would explain why he is so cagey about his non-candidacy candidacy: the rules change and federal regulations kick in once he is a declared candidate. His self-serving claim to be “praying for guidance” over his decision has little or nothing to do with it; it’s all about the way he can spend the money.

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JINDAL PRESIDENTIAL SWEEPSTAKES

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Bobby Jindal proved Wednesday that he still has a few tricks up his sleeve and the 2016 presidential sweepstakes have taken an unanticipated new look as a result.

With Texas Sen. Ted Cruz becoming the first to officially announce his candidacy for the Republican presidential nomination, Jindal, who had said he would wait until the 2015 legislative session ended in June to make his announcement, surprised all the experts by making his own announcement today—but not, however, to be the Republican standard-bearer.

Instead, Jindal announced that he will head the newly-founded Latin language-inspired Anas Party, the seventh political party that is expected in the November 2016 election, in a dual strategy to siphon off right-wingnuts from the tea party faction as well as disaffected mainstream Republicans in an effort to “do for the nation what I have done for Louisiana.”

Jindal denied that the timing of his announcement was a result of Cruz’s formal entry into the race. “I had planned to make this announcement at this time all along,” he said. “I referenced a timeframe of the end of the session only in order to be sure all the pieces were in place. As you know, I am results-oriented and every move I make is carefully thought out so as to take all possibilities into consideration. That is what has made my two terms as governor such a success.”

Eschewing a national convention—“that’s another area where waste can be eliminated,” he said, adding that money that normally would go for that purpose would be used to hold the most lavish and ostentatious inauguration in the nation’s history—Jindal announced that Commissioner of Administration Kristy Nichols will be his vice presidential running mate.

Going even further, he named several current aides and associates whom he said he will appoint as cabinet members and department heads when elected. Heading up his cabinet will be Secretary of Morality Phil Robertson of Duck Dynasty fame. “I realize there is no such cabinet position in existence at this time,” Jindal said, “but as I’ve said many times before, this country needs to right itself and embark on a course of morality and righteousness as determined by the only person qualified to set those standards—Phil Robertson.”

Jindal said that given his public stance on gays, women and blacks, “he is an obvious choice for Morality Secretary.”

Other appointments announced nearly two years in advance include:

  • Ruth Johnson: Secretary of Defense owing to her ability to jerk subordinates in line for the temerity of simply talking to someone not considered friendly to the administration;
  • Mike Edmonson: FBI Director because of his unflagging loyalty to Jindal and his background in law enforcement;
  • Troy Hebert: Director of the Bureau of Alcohol, Tobacco and Firearms, for obvious reasons;
  • Stephen Waguespack: Executive Counsel, the same position he held in Baton Rouge for Jindal;
  • Timmy Teepell: Chief of Staff, likewise the same position he held previously in Jindal’s state administration;
  • Tim Barfield: Treasurer, following his tenure as head of the Louisiana Department of Revenue;
  • Stephen Moret: Secretary of Commerce, where he will continue in his efforts to lure business and industry….back to the U.S.;
  • Alan Levine, Bruce Greenstein, Kathy Kleibert: Secretary of Health and Human Services, because her record at Louisiana DHH speaks for itself;
  • Curt Eysink: Secretary of Labor based on the decimation of workers compensation claims in the state;
  • Kyle Plotkin: Press Secretary, a lateral move and closer to his New Jersey home;
  • Jimmy Faircloth: Special Counsel, in case Jindal ever gets in trouble with the House Judiciary Committee, which will be inevitable if he is elected.

“I’ve given much thoughtful prayer to this and I feel led to form a seventh party. After all, the world was created in seven days and I believe a seventh political party is symbolic of what God wants me to do,” Jindal said.

“In that same vein, I have formed seven separate super PACs through which illicit, illegal and immoral campaign funds may be funneled in order to protect the identities of my supporters,” he added. “In today’s political atmosphere, it’s critical that there be a sufficient number of super PACs to support a candidate’s efforts. There are those who would prefer that their names not be put out there for the public but who nonetheless wish to support my candidacy. The super PACs provide an avenue for them to do just that.”

As President, Jindal said he “will continue to implement the same programs nationally that I have in Louisiana. I am leaving Louisiana better than I found it. Three things:

  • “I have downsized government by reducing the number of state employees by 400,000; “Louisianans are earning more than anyone else in any other state;
  • I’ve created two million new jobs through incentives and tax exemptions;
  • “Our highways and bridges are in the best of shape;
  • “Our colleges and universities are funded at a higher level than at any time in Louisiana history;
  • “Our elementary and secondary school students have the highest scores in the nation;
  • “The bond rating agencies have bestowed the highest ratings on Louisiana;
  • “Our health care takes a back seat to no one, thanks to our wise decision to privatize state hospitals;
  • “I have given the state balanced budgets in each year of my term.

“Going forward, I am prepared and equipped to deal with radical Islam by cutting social programs, education and health care in order to quadruple the Pentagon’s budget. There will be no “no-go” zones in my presidency—except in New Orleans and certain parts of Baton Rouge and Shreveport. Obamacare will be but a distant memory and Americans can be proud of the fact that they will be masters of their own medical fate and not dependent upon federal giveaway programs fraught with corruption, fraud and waste. I will reduce the number of federal employees by 135 million, just as I did in Louisiana while getting the country moving in the right direction—again, as I did in Louisiana.”

For the remainder of his term as governor, Jindal said he will turn the House chamber on the State Capitol’s first floor into a full gospel church, complete with faith healing and exorcisms. “The chamber is never used except for three months a year during the legislative session,” he said. “If we fill the House chamber, we can move a spillover service into the Senate chamber. We will turn the governor’s mansion into a parsonage for visiting preachers because I’m never there anyway.”

Where Ted Cruz used Liberty College as his launching pad for the Republican nomination, Jindal said he will draw heavily on support from the American Family Association (AFA) in Tupelo, Mississippi, and from the Westboro Baptist Church of Topeka, Kansas.

“We’re excited about the coming months of this campaign,” he said. “We feel that between Fox News, AFA, Westboro Baptist, and Duck Dynasty, we will sweep all the lunatic fringe crumbs off the table and onto our lap. It’s a great time to be doing what divine inspiration has called upon me to do for America.”

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My friend Walter Abbott up in Ruston seems to have a problem with any public employee as does, apparently State Rep. John “Jay” Morris, III (R-Monroe).

Abbott, as I, publishes a political blog and that certainly is his—or anyone’s—right. But the thing that he can’t seem to get around is his constant habit of labeling any public employee as a “deadhead.” In fact, he never refers to public employees, be they teachers, law enforcement officers, firemen, or highway construction crews, as anything but “deadheads.”

I’m not certain what Walter does for a living, but I would assume his work is essential and not of the “deadhead” status. But one can never be sure. Sometimes one creates a deliberate smokescreen (such as name-calling) as a tactic to deflect attention from himself. Again, I don’t know that, I’m just sayin’…..

Walter’s post today (March 31) provides a link to a story by Baton Rouge Advocate reporter Elizabeth Crisp which said that Louisiana college and university students plan to demonstrate at the state Capitol on April 15 as a protest to anticipated draconian cuts to higher education appropriations for the coming year.

But Walter, in his classic inimitable parsing of nomenclature, says in the headline to his blog: “Student Mob to Protest on Behalf of Deadheads.”

Student Mob? Seriously, Walter? You know with absolute certainty that these students will be roving bands of vandals, possibly armed, intent on rape and pillage and assorted other forms of crimes against humanity? Hell, Abbott, you’re better than the entire Justice League. Perhaps we need to make you an official state deadhead and bring you to Baton Rouge or New Orleans or Shreveport to fight crime—in advance with your gift of clairvoyance, of course. Which city? No problem; with your obvious skill at predicting the future, you need only tip off the deadhead law enforcement agencies in each city when a crime is about to take place.

And about that “deadhead” term you so love to toss around: I can only assume that you’ve drunk the Ted Cruz/Scott Walker/Rand Paul tea party Kool-Aid which finds all things public to be anathema.

In a previous blog you referred to teachers as “deadheads.” Well, Walt, unless I’m mistaken, a teacher taught you to read and write, which enables you to now turn on those same dedicated people by calling them “deadheads.”

Let me enlighten you about teachers, Walt, because you obviously do not know the facts or you choose to ignore them. Besides the problem that all teachers face, namely the constant push and pull from politicians who seem to think they have all the answers and rush in with ill-advised education “reform” measures, there are these specifics:

  • Kindergarten and elementary teachers: Not only must they teach, but they also have to do lesson plans, grade papers at night (after cooking for the family and cleaning house and helping their own kids with homework), contend with kids who can’t keep up in class because their lazy or irresponsible, drug-addled parents won’t take the initiative to help the kids at home, then attempt to appease those same parents who want to shift the blame for the kids’ poor grades onto the teacher. They daily see these same children come to school hungry or unbathed—or both. In addition to all these duties is the constant paperwork that must be filled out by teachers and as they perform all these tasks, they often are called upon to wipe snotty noses and wipe soiled behinds. Summer vacation? Fugetaboutit. That three-month vacation you always hear about is a myth. When school is out, classrooms must be cleaned, books put away, furniture stacked against the wall so janitorial crews can move in to do their jobs and by the time all that is done, it’s time to start planning the new school year.
  • Middle school teachers: One might think that middle school is a breeze but this is where kids grow into puberty, where cliques are formed and where little teen-age girls snipe at each other behind their backs. It ain’t pretty. As these children grow from adolescence into teens, attitudes are formed and teachers must deal with that reality on a daily basis. Moreover, remember those kids from elementary school who were lagging behind? Well some of them are older than their classmates because sadly, they had to be held back one or more grades. But they’re falling even further behind and it becomes the middle school teacher’s task to confront angry parents who won’t accept their own role in educating their own children. And that paperwork didn’t go away in elementary school. Neither do the late night paper grading sessions.
  • High school teachers: By now, the slower students have become a real challenge. Not only do they refuse to do their assignments and fall even further behind before eventually dropping out of school (and teachers consider every dropout a personal loss, some might even say a failure). But those who remain have by now developed really nasty attitudes (often encouraged at home by parents who still refuse to accept responsibility) and teacher-student confrontations often occur that sometimes become physical, placing the teacher in danger of bodily harm.

So there you have your teacher “deadheads,” Walt. But you know what? Through it all, they persevere at salaries most likely considerably less than what you make, because teaching is not an occupation, it’s a calling, and these educators are dedicated to that calling—something you obviously do not comprehend or care to.

But Walt insists on attaching that label to all public employees. Well, Walt, I was one of those “deadheads” for 20 years, working as a claims adjuster for the Office of Risk Management.

And being completely candid, I was far from being the best adjuster in the office (even though I was once told that I was by a member of management in his somewhat feeble effort at blowing smoke up my toga—some form of weird motivation, I suppose) but despite my many shortcomings (I love writing more than insurance), I still managed to help save the state several millions of dollars in bogus claims. To that end, despite my habitual failure to keep my diary updated and my distaste for insurance, I still managed to justify my salary many, many times over.

Finally, Walter, I would ask that you consider this in the future when dealing with these “deadheads”:

  • When you find a pothole in your street that tears up your vehicle’s front end, call a tea partier, not the highway department—they’re deadheads;
  • Same thing when you observe litter along the streets and highways;
  • When your sewer line backs up because of a lack of maintenance because the deadheads have been laid off, call a tea partier;
  • When you discover rust and other substances in your water line for that same reason, call a tea partier;
  • When your neighbor knocks down your fence and refuses to pay for it, don’t bother filing suit. Those courtroom employees, including the judge, are deadheads. Call a tea partier.
  • When your house catches fire, don’t call the fire department. They’re just a bunch of deadheads. Call the tea partiers;
  • When you or a family member is being assaulted by some thug, the police department, staffed with deadheads, is obviously the wrong call. The tea party will set things right for you.

Count on it.

As for Rep. Morris, his recent comments constitute a classic example of shooting the messenger.

He, like Jindal’s former chief of staff, now president of the Louisiana Association of Business and Industry (LABI), Stephen Waguespack (the same one who leaned on Murphy Painter to ignore Office of Alcohol and Tobacco Control regulations in that issue over the Budweiser tent at Jindal contributor Tom Benson’s Champion’s Square), doesn’t feel that Bob Mann retains the right of free speech under the First Amendment simply because he’s on the payroll of LSU.

Rep. Morris, you are an attorney and as such you of all people should be at the front of the line to defend that right. Instead, you choose to jump into the fray based on another blog, that of Scott McKay’s The Hayride. http://thehayride.com/2015/03/twitter-tough-guy-bob-mann-takes-on-labi-over-waguespacks-column/

McKay and Morris wax indignant that Mann has the audacity to write—on his own time—a column for the New Orleans Times-Picayune while teaching (this semester) one class because of the necessity to care for his wife who is ill.

Of all things, Morris chooses to compare Mann’s salary to that of a public school teacher who he says works for a paltry $32,000 a year. Well, isn’t it in the legislature’s power to increase those salaries? Has Rep. Morris ever, even once, made a move to raise the pay for teachers? Or instead, was he one of 53 House members who voted to kill House Bill 645 by Rep. Marcus Hunter (D-Monroe) to raise the state minimum wage? See for yourself: HB 645 VOTE

Rep. Morris, you can’t have it both ways: you can’t use teachers’ salaries against Bob Mann if you’ve never attempted to rectify the gaping disparity yourself. That comes under the heading of hypocrite. Don’t be so smug in jumping on Mann’s case as a means of questioning LSU’s budget while defending NLU perhaps because some of that university’s employees might be your constituents whom you don’t want to offend.

Rep. Morris asks the rhetorical question: “How are we polititians (sic) supposed to raise revenue to save higher ed when there might be a whole lot of waste?” Shouldn’t that be a question for you, as a representative of the people, to sort out? Have you and other legislators been asleep at the wheel so long that waste occurs right under your collective, oblivious noses?

If you are so concerned about waste, don’t you think it might have been a good idea for you to have checked the campaign expenditures of Rep. Erich Ponti (R-Baton Rouge) before you contributed $1,000 to his campaign, and who in turn contributed $1,000 to the campaign of Rep. Clay Schexnayder (R-Gonzales)? Do you really think their expenditures of $15,405 and $9,660, respectively, to purchase of LSU football and softball tickets from 2010 through 2014 was the most judicious use of their campaign funds? Could that perhaps be included in your sanctimonious, somewhat selective definition of waste?

CAMPAIGN CONTRIBUTIONS:

Recipient     Contributor Description Date Amount
Ponti, Erich E. JOHN C JAY MORRIS III FOR STATE REP  2705 OAK DR MONROE, LA 71201 CONTRIBUTION 6/28/2012 $1,000.00
Recipient     Contributor Description Date Amount
Schexnayder, Clay FRIENDS OF ERICH PONTI CAMPAIGN Thibodeaux Ave Baton Rouge, LA 70806 CONTRIBUTION 11/14/2011 $1,000.00

CAMPAIGN EXPENDITURES:

Candidate   Recipient Description Date Amount
Ponti, Erich E. LSU ATHLETICS PO BOX 25095 BATON ROUGE, LA 70894-5905 TICKETS 5/13/2014 $3,310.00
Ponti, Erich E. LSU ATHLETIC TICKET OFFICE BATON ROUGE, LA 2012 FOOTBALL SEASON TICKETS/PARKING 4/20/2012 $3,130.00
Ponti, Erich E. LSU ATHLETIC DEPARTMENT ATHLETIC ADMINISTRATION BLDG BATON ROUGE, LA 70803 FOOTBALL TICKETS 5/5/2013 $3,110.00
Ponti, Erich E. LSU ATHLETICS c/o Speakers’ Office LA State Capital Baton Rouge, LA 70801 2010 Legislative Football Tickets 4/21/2010 $2,000.00
Ponti, Erich E. LSU ATHLETICS P.O. BOX 25095 BATON ROUGE, LA 70803 FOOTBALL TICKETS 4/26/2011 $2,000.00
Ponti, Erich E. LSU ATHLETICS P.O. BOX 25095 BATON ROUGE, LA 70803 FOOTBALL TICKETS 6/6/2011 $950.00
Ponti, Erich E. LSU ATHLETIC TICKET OFFICE BATON ROUGE, LA LSU FOOTBALL TICKETS 1/4/2012 $905.00
Candidate   Recipient Description Date Amount
Schexnayder, Clay LSU ATHLETIC DEPARTMENT ALTHLETIC BLDG BATON ROUGE, LA 70803 TICKETS 4/11/2014 $3,210.00
Schexnayder, Clay LSU ATHLETIC OFFICE 110 Thomas Boyd Baton Rouge, LA 70808 TAFT donation and tickets 5/23/2012 $3,135.00
Schexnayder, Clay LSU ATHLETIC OFFICE 110 Thomas Boyd Baton Rouge, LA 70808 tickets 5/22/2013 $3,115.00
Schexnayder, Clay LSUE SOFTBALL 2048 JOHNSON HWY EUNICE, LA 70535 DONATION 12/3/2014 $200.00

We’re just saying people who live in glass houses…

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Troy Hebert is nothing if not:

  1. inconsistent
  2. obfuscating
  3. controversial
  4. all the above

Hebert, Bobby Jindal’s brilliant (sarcasm, folks, sarcasm!) choice to succeed former Director of the Louisiana Office of Alcohol and Tobacco Control (ATC) Murphy Painter after Team Jindal set Painter up on bogus criminal charges, has stumbled into one administrative fiasco after another.

In fact, the manner in which Hebert has run his office might even be considered a microcosm of the Jindal administration, so frighteningly reminiscent is it to the way he seems to emulate his boss.

Just as Jindal attempted (unsuccessfully) to flex his muscles (figuratively, of course; it be absurd to suggest otherwise) after Painter refused to knuckle under to demands from former Chief of Staff Steve Waguespack that a permit be issued to Budweiser to erect a tent at major Jindal campaign donor Tom Benson’s Champion’s even though Budweiser had not met the legal permit requirements, so has Hebert attempted to destroy the careers of agents serving under him for reasons that consistently failed to rise above the level of political pettiness.

Jindal, who accused Painter of abusing his office, apparently overlooked the fact that Hebert, while serving in the Louisiana Legislature, nevertheless saw nothing wrong with working under a state contract for debris cleanup after Hurricane Katrina.

Not only was Painter acquitted in his federal criminal trial, but he then sued his accuser in civil court—and won.

Likewise, Hebert has been sued by former agents for racial discrimination and has been forced to settle at least one such claim. Other complaints are pending as this is being written. Part of the basis for those complaints was Hebert’s confiding in Tingle that he was “going to f**k with” two black agents and that he intended to break up the “black trio” in north Louisiana—in reference to agents Charles Gilmore, Daimian McDowell and Bennie Walters.

And in the case of Brette Tingle, Hebert went to the extreme of attempting to get three different agencies to say there was a criminal payroll fraud case against Tingle—and in each case he failed to get his needed approval. Tingle’s sin? He was listed as a witness for the three black agents who have lodged EEOC complaints against Hebert. That left Hebert with only one logical course of action (logical in Hebert’s mind, that is). He fired Tingle while Tingle was recuperating from a heart attack.

ATC employees Terri Cook and Sean Magee tracked GPS locations of agents and emailed agents and their supervisors on a daily basis so that any issues, discrepancies or inconsistencies raised by the GPS reports could be addressed in a timely manner.

Yet, despite Hebert’s claims that Tingle was not working when he said he was or that he made an unauthorized trip into Mississippi, the issues were never raised by Cook or Magee, according to Tingle’s attorney J. Arthur Smith.

In fact, Smith pointed out that Tingle traveled to Kiln, MS. On May 2, 2012—at Hebert’s express approval—“to obtain surplus gun cleaning kits from his (Tingle’s) Coast Guard unit which were then issued to agents in your (Hebert’s) presence at a meeting at the Baton Rouge ATC headquarters with all enforcement agents as well as business division employees present.”

Smith also said that Tingle “was assigned FDA compliance checks (for tobacco sales to minors) while out on sick leave.” Upon his return to work, Mr. Tingle informed (Hebert) that he could not complete the assigned compliance checks because of other collateral duties which Hebert had assigned him. “These collateral duties included meeting with Trendsic Corp. and newly hired IT employee Keith McCoy to discuss several ideas that Mr. Tingle brought to you and that you wanted implemented before Mr. Tingle left on military leave.

“In this conversation,” Smith continued in his March 10 letter to Hebert, “you instructed Mr. Tingle to ‘get someone else to do those checks.’ Mr. Tingle also served a hearing officer and Internal Affairs Investigator for the ATC. These collateral duties, as well as your special assignments to him, were not part of Mr. Tingle’s regular job duties. You never at any time excused Mr. Tingle from performing these additional responsibilities,” he said.

Moreover, Smith noted, Tingle, Hebert initiated reprisals against Tingle because of statements provided by Tingle in a federal EEOC racial discrimination action filed against the ATC and Hebert even though Tingle “received the highest marks on his annual performance evaluation of all ATC enforcement agents. You signed this evaluation in July 2012,” Smith said.

That same month Hebert contacted Tingle, who was on vacation, by telephone in July of 2012, Smith said, to inquire into specifics concerning programs and initiatives that were part of an ATC pilot program for the New Orleans area initiated by Tingle. Upon learning of Tingle’s participation as a witness in the discrimination matter, however, Hebert claimed on Oct. 4, 2012, that Tingle had committed payroll fraud and further told OIG investigators that no such pilot program existed, according to Smith’s letter to Hebert.

The pilot program, Tingle said, involved programs not being done in other parts of the state. For example, a plan promoted by the AARP to improve blighted areas. ATC, he said, worked with AARP to provide alternative business plans to bar owners who have had their licenses suspended or revoked.

Hebert and New Orleans Mayor Mitch Landrieu held a joint press conference in July of 2012 to announce the program that Tingle initiated. http://www.nola.gov/mayor/press-releases/2012/20120717-mayor-landrieu-and-atc-commissioner-troy/

It was during this press conference that Hebert called a vacationing Tingle for information on the pilot program.

Tingle said Hebert has never followed through on any of the facets of the program.

In mid-January of 2013, Hebert launched an investigation into Tingle’s wife, Traci Tingle, who had recently retired from ATC, claiming that she had falsified state documents and that she had released personnel records to someone outside ATC.

The nature of the personnel records Hebert accused Traci Tingle of releasing was not made clear because Hebert never explained what they were. The state documents referred to, however, were inventory reports in which Traci Tingle had affirmed that the ATC had office equipment in an office in Vidalia, across the Mississippi River from Natchez. Hebert claimed “there was no Vidalia office,” Smith said, but when an ATC employee contacted the Vidalia Police Department about the matter, the Vidalia Police Department confirmed there was an ATC office in that town and that the office still contained ATC equipment.

It was unclear why Hebert would assert that ATC had no office in Vidalia unless the claim was made as a means of attempting to incriminate Traci Tingle.

What is clear, however, that Hebert is molding the agency into his personal fiefdom. He claims he has never fired a black agent but the evidence says otherwise. He also doesn’t say much about intimidating blacks—or transferring one from Shreveport to New Orleans without so much as day’s notice—to the point that they leave of their own accord.

The thing to keep uppermost in mind is that he is Jindal’s hand-picket director, specifically plucked from the legislature to succeed the man whom Jindal railroaded out of office with bogus criminal charges that were subsequently laughed out of court—all because that man, Murphy Painter, insisted that applicants (even those connected to big campaign donors like Tom Benson) conform to the rules when submitting applications for permits.

LouisianaVoice saw a railroad job then and we called it just that—when no other members of the media would come to the defense of Painter. We’re again seeing a railroad job and again, we’re calling it just that.

Jindal, of course, does not preside over the ATC Office but his policies, like a certain substance, flow downhill.

And right now, they’re stinking up the ATC Office.

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Troy Hebert strikes again. http://www.atc.rev.state.la.us/commissioner.php

The controversial head of the Louisiana Office of Alcohol and Tobacco Control (ATC), who already has racial discrimination lawsuits pending against him after settling similar claims, has fired a veteran ATC agent while the agent was recovering from a heart attack after first having failed to do so while he was on active duty in the Coast Guard Reserve.

Hebert fired agent Brette Tingle of Prairieville by letter dated Feb. 9 which was hand delivered to Tingle’s home where he was convalescing from a heart attack.

Hebert took the action based on accusations of payroll fraud and misuse of federal grant funds after three investigations by two separate state investigative agencies cleared Tingle of any wrongdoing—and after Tingle, who is white, testified on behalf of three black ATC agents who filed a federal discrimination lawsuit against Hebert. Tingle said Hebert told him, “I’m going to f**k with Charles (Gilmore) first, then with Larry Hingle” in an effort to force them to leave the agency. Gilmore and Hingle are two of the three black agents who have filed suit against Hebert and ATC.

Tingle’s attorney, J. Arthur Smith of Baton Rouge, in an 11-page letter, has appealed the firing, accusing Hebert of “agency shopping” in his attempt to build evidence against Tingle in retaliation for his testimony in support of his fired colleagues.

Hebert’s tenure since being appointed by Bobby Jindal in November of 2010 has been tumultuous at best and disruptive to the entire agency, according to several agents who have talked privately—and publicly—with LouisianaVoice.

One of the most absurd rules put in place by Hebert was one which requires agents to spring to their feet and offer a verbal “good morning, Commissioner” whenever Hebert entered a room where agents were gathered.

Another order which conceivably could have placed an agent’s life in danger was his instruction to an agent who had been working undercover in bars in New Orleans in efforts to buy illegal drugs from dealers to cease undercover activities and to return to patrolling those same bars in full uniform.

Hebert’s accusations of payroll fraud stem from a GPS tracking system installed on ATC vehicles which Hebert said showed Tingle’s vehicle was at his home during hours he said he was working.

In leveling that accusation against his former agent, Hebert ignored that fact that Tingle often worked undercover in tandem with other law enforcement agencies, including the Ascension Parish Sheriff’s Office and the New Orleans office of the Food and Drug Administration (FDA). Together, they would conduct regular alcohol and tobacco compliance checks and it was commonplace for one of the agents to leave his state vehicle behind while conducting checks since using the state vehicle would defeat the purpose of undercover work.

When Hebert’s office was found out of compliance and ineligible for more than $100,000 in grant money from the U.S. Drug Enforcement Agency (DEA), Hebert laid the blame at Tingle’s feet even though the ATC compliance officer was Louis Thompson and not Tingle, attorney Smith said, adding that Thompson had been in charge of compliance for ATC for the entire 10 years that Tingle served as part of the DEA task force.

“These allegations are your third attempt to defame, intimidate and retaliate against Mr. Tingle,” Smith said, “because he has assisted and participated in the investigation and proceedings in connection with the EEOC charge and subsequent litigation in the case of Charles Gilmore.”

Gilmore is one of the black agents who has filed a federal lawsuit against Hebert and ATC.

Coincidentally, when the Jindal administration decided to go after former ATC Director Murphy Painter, the Louisiana Department of Revenue (LDR), which is over ATC, immediately launched its own investigation of Painter and federal charges of malfeasance were brought against him. He was subsequently acquitted and then won his own civil defamation suit against his accusers.

It was first shown by LouisianaVoice and later in his trial that the charges against Painter were retaliatory in nature and initiated by the Jindal administration after a dispute over his refusal to issue a permit to Budweiser to erect a tent at Champions Square across from the Louisiana Superdome. https://louisianavoice.com/2013/02/06/emerging-claims-lawsuits-could-transform-murphy-painter-from-predator-to-all-too-familiar-victim-of-jindal-reprisals/

Oddly, LDR, which has known of the Gilmore allegations since October of 2012, has yet to interview anyone about Gilmore’s claims or to initiate an investigation into the charges.

In his letter, Smith said the first attempt to bring charges against Tingle “was initiated when you (Hebert) employed (Baton Rouge law firm) Shows, Cali & Walsh to draft documentation based on one-sided and uncorroborated information. This purported ‘legal opinion’ was found to be unreliable by the Office of Inspector General (OIG).”

No surprise there. Shows, Cali & Walsh, which held 16 contracts worth a combined $3 million, skated perilously close to sanctions last year over evidence manipulation in the case of overheating on death row cells at Louisiana State Penitentiary at Angola. https://louisianavoice.com/2014/01/03/baton-rouge-law-firm-with-3-million-in-state-contracts-faces-legal-sanctions-over-evidence-manipulation-in-angola-lawsuit/

“Your second attempt,” Smith continued, “was initiated in 2013-2014 when you sent a complaint to the OIG alleging that (Tingle’s actions) constituted a criminal mater.

“…OIG conducted an extensive investigation …and determined that your allegations were not accurate enough to be utilized in making a case of payroll fraud.”

Bear in mind here that Hebert is head of a law enforcement agency for the State of Louisiana and apparently does not have the capability of building a criminal case or even knowing what constitutes criminal activity.

Not that he hasn’t tried.

“Despite the overwhelming evidence supplied to you by the OIG, …you continued your campaign to defame, intimidate, and retaliate against Mr. Tingle by appealing to … the Louisiana Department of Public Safety (State Police),” Smith wrote.

“You again asserted your professed belief that your alleged facts rise to the level of a crime and you were again informed that your purported facts did not rise to the level of being sufficient to be utilized in a court of law.

“The practice of appealing to multiple investigatory agencies in search of an investigation that supported your ulterior purpose is known in law enforcement as ‘agency shopping’ and is improper,” he wrote.

Smith said that Hebert launched his first investigation into Tingle during the time when Tingle was on active duty in the U.S. Coast Guard and that following a year-long OIG investigation, Tingle and Hebert were informed by letter that indicated no charges would be brought against Tingle.

Even as Hebert was telling Tingle that he intended to get rid of two black supervisors, including Larry Hingle, he was also instructing Hingle to investigate Tingle and Hebert later told Hingle to also investigate Tingle’s wife, also an ATC employee who had recently retired.

Hingle joined Gilmore and a third black ATC agent, Daimian McDowell in filing a federal lawsuit against Hebert, ATC and LDR on Oct. 2, 2012, and Tingle was listed as a friendly witness for the plaintiffs.

More details of the events in Hebert’s office will be forthcoming in a subsequent installment this weekend. Space simply does not allow this full story to be told in a single post.

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