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Archive for the ‘Auditor’ Category

Sometimes with local politics, you need a program, an organizational chart, a genealogical diagram, and perhaps even DNA data to keep up with who’s allied with whom and who’s got a vendetta against whom.

So much has been written about Iberia Parish Sheriff Louis Ackal that when another local courthouse politician finds himself in trouble, it’s natural to assume that Ackal’s name would come up somewhere in the mix.

After all, Ackal has been indicted and acquitted and there’s talk that the name on his office door may be changed from “Sheriff” to “Defendant.” The sheriff’s department has paid out judgments or settlements that equate to $23,000 per month for every month of his 10-year tenure ($2.8 million total), and that doesn’t even include the $600,000 settlement with the family of Victor White III, the 22-year-old who authorities said got hold of a gun and fatally shot himself in the chest—while his hands were cuffed behind his back.

Nor does it include the lawsuit just filed against Ackal and three of his deputies. The plaintiff, Rickey Roche, claims the deputies beat him and planted drugs on him during a retaliatory traffic stop following an altercation between Roche and one of the deputies. (Nary a word has been written by the local paper about this lawsuit, by the way.)

More on that later, but first the confusion surrounding the June 8 indictment of Iberia Clerk of Court Michael Thibodeaux by M. Bofill Duhé, the local district attorney who loves to indict people on BOGUS CHARGES.

The indictment on 14 criminal counts of perjury, racketeering, malfeasance, theft of advance court costs, filing false/altered public records was handed down by M. Bofill on the basis of an admittedly nasty INVESTIGATIVE AUDIT.

But the fact that the indictment came a full 20 months after the release of the October 2016 audit should raise eyebrows. And considering a blindfolded man could turn around three times and spit and most probably hit a legislative audit report at least as serious as this one which produced not even a slap on the wrist, and you really start wondering about the local political affiliations.

Among other things, the state audit said that from May 2013 to May 2016, the clerk’s office “improperly retained $314,495 in unused advance court costs that state law required to be refunded to the persons who originally deposited those monies. Of this amount, the Clerk of Court transferred $218,021 from the advance deposit bank account (advance deposit fund) to the Clerk of Court’s salary fund bank account (salary fund) to pay Clerk of Court salaries and other expenses. The remaining $96,924 represents monies currently in the Clerk of Court’s advance deposit fund that should be returned to the persons who made the original deposits.”

The misuse, misapplication, mismanagement and/or the misappropriation of more than $300,000 is a serious offense, one which should never be taken lightly and the DA’s office took the appropriate action in pursuing its own legal investigation once the audit came to light.

But the question must be asked: where was the DA’s office when prisoners were being abused and killed while in custody of Sheriff Louis Ackal? Yes, Ackal was indicted, but it was a federal indictment. Duhé was nowhere to be found.

But here’s Thibodeaux’s cardinal sin: Ryan Huval was an employee of the clerk’s office and Thibodeaux terminated him. The official reasons are not known and Thibodeaux is prohibited from discussing it because of privacy issues.

But the reasons, whether justified or not, don’t matter. Ryan Huval is the son of Ricky Huval.

Ricky Huval is the parish assessor and he was not happy with his son’s firing. And Ricky Huval and District Attorney M. Bofill Duhé are tight.

As a sidebar, unconfirmed rumor has it that certain property belonging to one Michael Thibodeaux might also have been reassessed by Huval’s office.

So, for a change, a local political story in Iberia Parish does not involve Sheriff Ackal.

But then, he has all he can handle with that latest lawsuit by Roche who says that after his confrontation with Lt. Col. Gerald Savoy the sheriff’s office targeted Roche with surveillance and pulled his vehicle over without probable cause. He says he was kicked, punched, choked and beaten with a baton and flashlight by then-deputies Byron Lasalle, Jason Comeaux, and Wade Bergeron and that they planted drugs on him.

All four deputies eventually were indicted for prisoner abuse, entered guilty pleas and testified against Ackal, who was acquitted.

Bergeron was sentenced to 48 months in prison while Comeaux received sentences of 40 and 30 months, Lasalle got 54 months on each of three counts to run concurrently, and Savoy was sentenced to 87 months in federal prison.

All this is not to claim either that Thibodeaux is guilty or that he’s as pure as the driven snow, but it is rather curious that Iberia Parish Sheriff Louis Ackal was never indicted by Duhé’s office for some of the transgressions he was accused of—little things like turning vicious dogs loose on defenseless prisoners or forcing prisoners to simulate oral sex with deputies’ nightsticks.

Here are a few other lowlights of the Iberia Parish Sheriff’s Office, as itemized in a letter to then U.S. Attorney General Loretta Lynch by U.S. Rep. Cedric Richmond of New Orleans, none of which attracted the diligence of Duhé’s office:

  • In 2005, a former inmate alleged that deputies beat him so badly when he was booked into jail that he had to spend two weeks in a hospital.
  • In 2008, a man alleged that a deputy beat him so badly during an arrest that he coughed up blood and then a muzzle was put over his mouth. The man later settled a suit with the Sheriff’s Office for $50,000.
  • In 2009, Michael Jones, a 43-year-old man who suffered from bipolar disorder and schizophrenia, died in the jail after an altercation with then-Warden Frank Ellis and then-lieutenant Wesley Hayes. This year, a judge ruled that two Sheriff’s Office employees were responsible for Jones’ death. The judgment in the case totaled $61,000.
  • In 2009, former inmate Curtis Ozenne alleged that officers began a contraband sweep by forcing him to remain in the “Muslim praying position” for nearly three hours. Mr. Ozenne alleged he was kicked in the mouth multiple times, threatened with police dogs and then his head was shaved. In his complaint, Mr. Ozenne also alleged that Sheriff Ackal threatened him with a dog and watched as an officer struck him with a baton for smiling. Mr. Ozenne’s suit against the Sheriff’s Office was later settled for $15,000.
  • In 2009, Robert Sonnier, a 62-year-old mentally ill man, died as the result of a fatal blow delivered by an IPSO Deputy in the course of a physical altercation. After Mr. Sonnier was unable to receive a psychological evaluation authorized by his wife, he was left in a wheelchair to stew in his own waste for several hours. He eventually became agitated which led to altercations with Deputies that resulted in Sonnier being pepper sprayed twice and eventually leading to the fatal blow.
  • In 2012, Marcus Robicheaux, an inmate at Iberia Parish Jail, was pulled from a wall and thrown to the ground as IPSO correctional officers ran a contraband sweep. A deputy’s dog then attacked Mr. Robicheaux, biting his legs, arms and torso, as the deputy stomped and kicked the prone inmate. The whole three-minute incident was captured on video from the jail’s surveillance cameras.
  • In 2014, Victor White III died as the result of a fatal gunshot wound while handcuffed in the backseat of an IPSO car. The sheriff’s deputies who arrested Mr. Victor (sic) alleged that he wouldn’t leave the car and became “uncooperative.” They say he pulled out a handgun, while his hands were cuffed behind his back, and shot himself in the back. However, the full coroner’s report indicated that Mr. White had died from a single shot to his right chest, contradicting the initial police statement that he had shot himself in the back.

But Duhé was right there when Ackal needed him to help shut up a New Iberia black man who initiated a recall petition after the Victor White shooting.

On July 8, 2016, Broussard was rear-ended by a hit-and-run driver In Lafayette Parish who minutes later collided head-on with an 18-wheeler and was killed in adjacent Iberia Parish.

Yet it was Broussard who was indicted on a charge of manslaughter by an Iberia Parish grand jury on March 19, 2017, just nine days before the seven deputies were sentenced.

So just how did Broussard find himself in Ackal’s crosshairs? On July 1, a week before the auto accident, Broussard committed the unpardonable sin when he became the impetus behind a recall of Iberia Parish Sheriff Louis Ackal.

Broussard, an African-American, was one of the organizers of The Justice for Victor White III Foundation which filed a petition on July 1 to force a recall election. White was the 22-year-old who died of a gunshot wound while in the back seat of a sheriff deputy’s patrol car in March 2014. The official report said the gunshot was self-inflicted. The coroner’s report said he was shot in the front with the bullet entering his right chest and exiting under his left armpit. White’s hands were cuffed behind his back at the time.

Ackal, of course, skated on that issue and was later indicted, tried and acquitted on federal charges involving beating prisoners and turning dogs loose on prisoners, as well. But when you’ve got retired federal judge and family member Richard Haik helping with the defense, you tend to land on your feet.

But hey, Ackal also didn’t fire Ryan Huval.

 

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What in the world’s going on in the sleepy town of Mansfield up in DeSoto Parish?

Usually, the political shenanigans are kept pretty much in-house, meaning what happens here generally stays here. We’re family here, after all, and the family doesn’t air its dirty laundry.

The normal procedure is for everyone to just shake their heads and to go on about their business, secure in the knowledge that this is Louisiana and that’s just the way it is. Always has been, always will be.

But occasionally, these dirty little secrets burst open like a festering sore and they become a little more difficult to ignore.

Thanks to the diligence of the Legislative Auditor’s office in Baton Rouge, that’s what has happened in the DeSoto Parish Sheriff’s Office over the past four years.

What began as an investigative audit in April 2014 that revealed a former deputy’s private business ran more than 41,500 BACKGROUND CHECKS through the sheriff’s office during an 11-month period between April 1, 2012, and February 28, 2013, eventually led to the RESIGNATION of long-time sheriff Rodney Arbuckle in March of this year. Arbuckle attributed his resignation to health problems encountered by one of his grandchildren.

And the saga continues.

State auditors are back for yet another investigative audit. Arbuckle’s successor, Jayson Richardson is resisting a subpoena by the auditor’s office and he is taking his fight into the courtroom.

State Auditor Daryl Purpera on June 13 had the subpoena served on Richardson. It sought to compel Richardson to produce “copies of the unredacted personnel files” of the sheriff and 12 of his deputies.

“The designated personnel files contain privileged and Constitutionally-protected private information,” says a PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF filed by attorney James Sterritt of the prominent Shreveport law firm of Cook, Yancey, King & Galloway. “Under the circumstances, forcing the sheriff to comply with the subpoena would cause the sheriff, who is charged with enforcing the law, to instead break the law by disregarding legally-protected privacy rights.”

Sterritt also challenged the legality of the subpoena which he says “was not issued under authority of any court.” Instead, he said, it is a “Legislative Subpoena Duces Tecum” and which was not reviewed or evaluated by a judge. “Instead, it was signed by the Louisiana Legislative Auditor (Purpera) and the Chairwoman of (the) Louisiana Legislative Audit Advisory Council (State Rep. Julie Stokes)

Not so, says Purpera. “We will be glad to argue this in court,” he said. “We have the power to subpoena records (and) we’ve been issuing subpoenas for the last 34 years that I know of.”

Purpera said he would seek to move the matter to the 19th Judicial District Court in Baton Rouge.

Sterritt, in typical legal fashion, included case citations in his motion in the hopes that something might stick.

“As an accommodation, the sheriff offered to remove or redact the protected information,” Sterritt said. “But the auditor, through its representatives and employees, refused. The only accommodation that the auditor would agree to was that medical records could be removed while the auditor supervised the removal of those records.”

But Richardson, aka James Samuel Baldwin (I’ll explain that momentarily), countered through Sterritt that “no law enforcement officer, no district attorney, no attorney general, no inspector general, and no other governmental official has the authority to obtain subpoenas without just, reasonable, or probable cause. There is no law that authorizes the auditor to do what others cannot.

“The affidavit used to obtain the subpoena is defective,” Richardson/Baldwin argues. “It contains conclusory, unsupportable legal arguments and opinions—not facts. It contains mischaracterization and/or misrepresentation of the auditor’s authority. It omits relative matters. It would not be sufficient to establish the foundation necessary for a subpoena issued by a judicial officer.”

Besides Richardson, personnel records sought include those for the following employees:

  • Monica Cason;
  • Black Woodward;
  • Karen Miller;
  • Robert Davidson;
  • Chato Atkins;
  • Kenneth Gingles;
  • Gregory Perry;
  • Stephanie White;
  • Patrick Jones;
  • Donnie Barber;
  • Carolyn Davis, and
  • Luther Butler.

And just for good measure, Sterritt said the subpoena is “overly broad and creates an unreasonable burden and unnecessary expense. The proposed production will be unduly time-consuming and expensive. It will not result in a legally-justifiable use of public resources.”

It took Sterritt six pages to say all that. If he gets paid by the word, he did quite well for himself and his firm.

State Judge Charles B. Adams of the 42nd Judicial District signed a protective order and a rule to show cause and scheduled a hearing for today (Thursday, June 21) at 9:30 a.m.

Jennifer Shaye, an attorney for the auditor’s office, was dispatched to Mansfield to argue on behalf of the state. LouisianaVoice will update this story as soon as it is learned whether or not Judge Adams rules or takes the matter under advisement.

Meanwhile, about the apparent confusion over the sheriff’s real name:

When Richardson divorced his first wife several years ago, it was revealed by his now ex-wife that when they were married, his legal name was James Samuel Baldwin but on May 9, 2005, he had his name legally changed to Jayson Ray Richardson but neglected to take steps to change his wife’s name.

No reason was given for the name change.

Nor has there been any explanation for an apparent discrepancy in Baldwin/Richardson’s announced promotion to Chief Deputy only months before Arbuckle’s resignation as opposed to his official appointment a year earlier.

By letter of Dec. 20, 2016, Arbuckle informed the Secretary of State’s office, “This letter is to inform you that I am appointing Jayson Richardson as Chief Criminal Deputy of my office.” Accompanying that letter was Richardson’s OATH OF OFFICE, signed and notarized that same date.

But Arbuckle did not get around to announcing the promotion until his former chief deputy Horace Womack retired in December 2017, a full year later.

Somehow, it always seems appropriate to quote the late C.B. Forgotston:

“You can’t make this stuff up.”

 

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This should be the mother of all embarrassments for the legislature…but it won’t be.

I received a couple of emails over the past few weeks that, though sent independently of each other, combine to illustrate in crystallized form the ineptitude of the Louisiana Legislature.

Whether this ineptitude is by design or is simply the unfortunate consequences of an uninformed citizenry’s having elected a bunch of dunderheads remains a matter of conjecture.

But regardless, ineptness is ineptness and everyone loses. Barney Fife perhaps said it best in an episode of The Andy Griffith Show when, speaking to Andy, he said of a character played by Don Rickles, “He’s not ept, he’s not ept, he’s just not ept.”

But I digress.

The emails.

In the first one, I was blind-copied on a message sent to 15 senators, all members of the Senate Finance Committee:

  • Eric LaFleur (D-Ville Platte), chairman;
  • Brett Allain (R-Franklin);
  • Conrad Appel (R-Metairie);
  • Regina Barrow (D-Baton Rouge);
  • Wesley Bishop (D-New Orleans);
  • Jack Donahue (R-Mandeville);
  • Jim Fannin (R-Jonesboro);
  • Sharon Hewitt (R-Slidell);
  • Ronnie Johns (R-Lake Charles);
  • Greg Tarver (D-Shreveport);
  • Bodi White (R-Central);
  • Norby Chabert (R-Houma);
  • Blade Morrish (R-Jennings);
  • Francis Thompson (D-Delhi);
  • Mike Walsworth (R-West Monroe)

(Chabert, Morrish, Thompson and Walsworth are all interim members.)

The email dealt with the writer’s concerns over the Louisiana Department of Education’s Minimum Foundation Program, the formula employed for funding public education in Louisiana (not that they would be likely to read anything that didn’t have a campaign check attached),

I have withheld the identity of the author of the email because he/she obviously is an LDOE insider with sensitive knowledge of the situation. Here is that email:

To: lafleure@legis.la.gov, allainb@legis.la.gov, appelc@legis.la.gov, barrowr@legis.la.gov, bishopw@legis.la.gov, donahuej@legis.la.gov, fanninj@legis.la.gov, hewitts@legis.la.gov, johnsr@legis.la.gov, tarverg@legis.la.gov, whitem@legis.la.gov, chabertn@legis.la.gov, morrishd@legis.la.gov, thompsof@legis.la.gov, walsworthm@legis.la.gov
Date: April 28, 2018 at 4:16 PM
Subject: MFP Program at Department of Education

Greetings,

On Monday morning, the Senate Finance Committee will approve SCR48 by Sen. Morrish.  This resolution deals with the MFP (Minimum Foundation Program) formula for the 2018-2019 fiscal year. As the Department of Education and representatives of the Board of Elementary and Secondary Education will argue that these funds are necessary to help Louisiana’s struggling schools, one must question the MFP in the current fiscal year. 

The department has been in complete chaos these past few weeks when it discovered a serious flaw in the MFP formula. Every child in the state was shortchanged in State General Fund dollars since the fiscal year began in July 2017. Interestingly, some districts got more MFP dollars than (they) should have. The department currently has a $17 million State General Fund surplus because of the flawed formula. Now, instead of quickly correcting the formula and distributing the funds to the school districts, they (Deputy Superintendent Elizabeth Scioneaux and MFP Director Katherine Granier) are attempting to “spin” the mistake and make no mention about it because they are afraid of an audit of the MFP program. Basically, the department will lie and cover up the mistake, the local school districts will lose out on the funding that they are entitled, and the excess State General Fund will be used for onetime expenses in fiscal year 2018-2019.

Who is monitoring the Department of Education? Anyone? Are they not accountable? 

I would be interested in what they have to say about the $17 million surplus. I am quite certain that the local school boards would be surprised to know this, too. They are unsure how the formula is derived and they just depend on the Education department to get it right.

I would hazard a guess that this individual never received a response from a single member of the Senate Finance Committee. LouisianaVoice also would be interested in knowing if anyone at LDOE is accountable or if anyone in the Legislature is paying the least bit of attention.

That curiosity is piqued not only by the email above but by one received on Sunday. Again, I am keep the identity of the second writer confidential as well. Here is that email:

To anyone who thinks that the legislature is doing ANY real work:

Consider the Minimum Foundation Program (MFP). This $3.7 BILLION appropriation is the second largest item in the state budget (the largest is Medicaid). These dollars go to local school districts to fund operations. It’s kind of a big deal and surely elected members have some questions or at least want to know a little about this gigantic item, right? WRONG!  The MFP for FY19 exists as SCR 48. This resolution sailed through the Senate with only a couple of perfunctory questions. Not to be outdone, when it arrived at the House Education Committee, it got worse. Chairman Nancy Landry (one of the worst of the Tea-Partiers) called up the resolution before anyone from LDOE even arrived at the meeting, said it wasn’t necessary for the Department to be there, moved favorable, and just like that, $3.7 BILLION moved on. Not a single question, not a single comment, no public testimony (no one was present), no Department testimony. And THAT is YOUR legislature at work. Meanwhile, the House Floor spent HOURS on an asinine bill by Rep. Amedee (possibly the least intelligent member of the body) to mandate a certain amount of time per day as “recess” for grades K-8. One would think this is purely the purview of BESE and the local school boards, but No. Incidentally, Amedee is one of those Tea-Partiers who abhor any sort of government regulation EXCEPT WHEN IT IS SOMETHING THEY WANT. Then, it’s okay! To its credit, the House voted her bill down. But the fact that hours were spent on such stupidity, and not one minute was spent on the MFP, tells you everything you need to know about YOUR legislature. These are the jackasses that WE elected!! So, who should really shoulder the blame? The elected jackasses or “We, the People” who put them there? 

In addition to the contents of those two emails, consider this:

The Louisiana Department of Education has 37 unclassified employees (appointive) who draw $100,000 or more per year in salary, including Elizabeth Scioneaux, who is paid $133,000 per year whose job it apparently is, according to the first writer, to spend multi-million-dollar mistakes in order to conceal them from legislative or state auditor oversight.

LDOE also has nine people identified by the somewhat ambiguous job title of “Fellow” knocking down between $88,000 and $110,000 per year. Those are mixed in with the “consultants,” “directors,” “advisers,” “specialists,” “assistants,” “researchers,” “managers,” “liaison officers,” and something called “paraeducators.”

In all, LDOE has a whopping 170 UNCLASSIFIED EMPLOYEES, topped of course, by State Superintendent John White’s $275,000 per year. This information was obtained as part of a public records request submitted by LouisianaVoice.

We even found our old friend David “Lefty” Lefkowith, who pulls down $100,000 per year as a “director,” whatever that is. Our first encounter with Lefty was back in 2012 when we discovered he was commuting to and from his California home to perform his duties with LDOE. A little closer examination revealed he was part of a CARTEL that included then-candidate for Florida governor Jeb Bush, the now-defunct Enron Corp., and a spin-off company named Azurix in a failed effort to privatize and store potable water to later sell to the highest bidder through a process called aquifer storage and recovery (ASR). At least LDOE did drop Lefty’s 2012 salary of $145,000 per year to its current level. But then, we’re told that he no longer commutes, either; he works from home in California. Nice.

Others include:

  • Laura Hawkins—Recovery School District administrator (RSD): $110,000;
  • Elizabeth Marcell—RSD administrator: $115,000;
  • Dana Peterson—RSD administrator: $148,500;
  • Jules Burk—superintendent: $120,000;
  • Meredith Jordan—education coordinator: $112,200;
  • Ralph Thibodeaux—superintendent: $115,000;
  • Allen Walls—education coordinator: $112,200;
  • Ronald Bordelon—RSD administrator: $150,000;
  • Andrea Cambria—RSD administrator: $100,000;
  • Tiffany Delcour—assistant superintendent: $120,000;
  • Gabriela Fighetti—assistant superintendent: $135,000;
  • Lona Hankins—director: $140,000;
  • Jessica Baghian, assistant superintendent: $129,800;
  • Erin Bendily—assistant superintendent: $140,000;
  • Kenneth Bradford—assistant superintendent: $129,800;
  • Jennifer Conway—assistant superintendent: $129,800;
  • Bridget Devlin—chief operating officer: $110,000;
  • Hannah Dietsch—assistant superintendent: $130,000;
  • Lisa French—manager: $104,500;
  • Joan Hunt—executive counsel: $129,800;
  • Rebecca Kockler—assistant superintendent: $129,800;
  • Rebecca Lamury—director: $100,000;
  • Diana Molpus—educational director: $103,000;
  • Kunjan Narechania—assistant superintendent: $159,500;
  • Catherine Pozniak—assistant superintendent: $140,000;
  • Jan Sibley—fellow: $100,000;
  • Jill Slack—director: $126,500;
  • Melissa Stilley—liaison officer: $135,000;
  • Dana Talley—liaison officer: $130,000;
  • Francis Touchet—liaison officer: $130,000;
  • Alicia Witkowski—fellow: $110,000;
  • Jamie Woing—fellow: $110,000;
  • Jacob Johnson—executive director: $100,600;
  • Shan Davis—director: $135,200.

And there was Vicky Thomas, listed as a “confidential assistant,” making a cool $91,800 per year.

Yet, with all those high-powered appointees with the important-sounding titles, a $17 million error in the crucial MFP was apparently allowed to slip through the cracks and no one in the legislature across the street could think of a single question to ask—because they were too busy considering recess, concealed carry in schools, granting payday loan companies interest rates of 167 percent, renaming highways, and…well, you know: important matters.

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Editor’s note: The following (with added comment) is a guest column provided to LouisianaVoice by the Healthcare Alliance for Regulatory Board Reform (HARBR):

By Christian Wolff

Louisiana Senate Bill 286, dubbed the Physician’s Bill of Rights, fell into a “coma” before the Louisiana Legislature on last Wednesday but not before an outburst over the testimony of the bill’s author.

Sen John Milkovich (D-Shreveport) was in the middle of explaining the obvious conflict of interest on the Louisiana State Board of Medical Examiners when he was interrupted by New Orleans attorney Jack Stolier who twice shouted that Milkovich’s testimony was a “bald faced lie.” (Milkovich’s testimony and Stolier’s off-camera interruption can be heard beginning at the 7:15 MARK of this video of the House Health and Welfare Committee.)

Milkovich had just referenced an “affair” between Dr. Cecilia Mouton, then an investigator for the board of medical examiners, and Stolier, who represented physicians before the board in disciplinary matters.

But hey, the brief flareup was by far the most interesting—and probably the most intelligent—moment of this session sadly marked by legislative ineptitude, indecision, and concerted efforts to bow to the will of special interests st the expense of constituents and Louisiana (See the disgraceful Senate passage of the Payday Loan bill. How anyone can hold out one scintilla of hope for this bunch is beyond comprehension).

After Stolier was escorted from the committee room by Capitol security personnel, Milkovich read from a March 18, 2016, LouisianaVoice post which alluded to the relationship between the two. He also cited a letter from a board director which acknowledged a “personal relationship” between the two. Mouton, now Director of Operations for the board, and Stolier have since married but Milkovich called the romantic link between Mouton, who was prosecuting doctors, and Stolier, who was defending them, a blatant conflict of interest.

This, folks, is typical of the manner in which both the Board of Medical Examiners and the Louisiana State Board of Dentistry disregard due process and run roughshod over members of the medical profession who are charged and deemed guilty without even a nod at procedure. Guilty until proven innocent turns legal procedure on its head and is the very reason why some sort of checks and balances are desperately need to bring these rogue board under control.

But instead, the board, without objection, agreed that the bill be involuntarily deferred, meaning that for all practical purposes, it is dead for this session. (This, by the way, is the same Board of Medical Examiners that has defied a court order and continues to refuse to allow the legislative auditor to see its records so the auditor can do his job.)

Typically, the House does not entertain motions to override/hear bills that were involuntarily deferred in a committee.

This is the same legislature that is on the verge of approving (the Senate already has, by a 20-17 vote) an increase to 167 percent in interest rates payday loan predators can charge, along with doubling loan origination fees. Looks like the American Legislative Exchange Council (ALEC) has been busy this session—as it has in past years.

Advocates of SB 286 praised it on May 2 as an excellent piece of legislation. It was referred to it as “landmark” bill with implications for the due process reforms of healthcare licensing boards in every state in the nation.

Legislators’ indifference—not unlike their indifference to solving the state’s fiscal ills—could open the state up to litigation, leaving it to Attorney General Jeff Landry to try and defend the state, an interesting proposition in itself. Such potential litigation already has a precedent: a recent U.S. Supreme Court decision, North Carolina Board of Dental Examiners v Federal Trade Commission. In that decision, SCOTUS laid out conditions by which licensing and regulatory boards could and could not act as agents of their respective states.

In order to be considered a “state agency,” boards now need to show that they have a voting minority of “market place participants” in the profession being regulated. The other means by which a state regulatory or licensing board may come into compliance with the SCOTUS decision, and now, the Federal Trade Commission (FTC) mandate, is to have demonstrable and meaningful state oversight by an entity or entities which are not marketplace participants in the profession regulated by the board over which they are providing oversight.

The concern of SCOTUS and the FTC is that without meeting at least one of these two conditions, licensing and regulatory boards might act in their own interests rather than in the interest of the public. Moreover, SCOTUS and FTC, are concerned that beyond acting in the interest of their own professions over the interest of the public, boards may act in the interest of boards themselves over the fair and equal interest of given licensees or classes of licensees. This might be called “market capture via regulatory capture” and would be to the detriment of patients, the public, and licensees alike.

States whose regulatory boards do not comply with the conditions set forth in North Carolina Dental Board leave every member of every board including administrative staff and legal counsel legally exposed in their professional capacities and as individuals. Suits might be based in the violation of anti-trust laws, or on injury against persons (such as licensees) who were harmed without the benefit of due process of law.

Healthcare licensees in every state across the nation are being awakened to the injustices which have befallen physicians, and increasingly, other healthcare providers, since the passing of the short-sighted Healthcare Quality Improvement Act in 1986.

Louisiana is not alone by any stretch. It was foolish and immature for the Louisiana House Health and Welfare Committee to put SB 286 to rest in the way it did. When the Physicians’ Bill of Rights awakens from its “Involuntary Deferment” it may well be in a different state already positioned to make the proper move. The first state will set the landmark precedent and if the precedent does not affect national policy, it will be followed by every state in the nation.

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Jefferson Davis Parish and the City of Jennings have for years now been the unwanted focus of national attention because of unsolved murders of eight (at least, some say there are more) prostitutes from 2005 to 2008.

Those murders are said to have been the inspiration for the TV show TRUE DETECTIVE.

Although author ETHAN BROWN, in his book Murder in the Bayou, as well as numerous national media stories is about the eight women, some sources say the number of UNSOLVED MURDERS in the parish is higher, that the actual number is at least 13 and also includes four male victims.

And while the eight female victims who have drawn so much media scrutiny since discovery of Necole Guillory nearly a decade ago were known drug users, it’s not insignificant to note that Brown claims that each also was a police informant.

Yet, while ROLLING STONE magazine, DR. OZ and others continue to devote considerable ink and camera time to the mystery, Jennings rolls along planning for Louisiana’s Most Beautiful City competition while seemingly ignoring areas of blighted abandoned houses in the city and burgeoning drug trafficking in those abandoned homes despite repeated warnings from one of its citizens.

That citizen, Christopher Lehman, is a retired Navy veteran and a retired federal civil service employee who upon moving to Jennings, served as a community services coordinator for the Jennings Police Department but was fired after making too much noise about open narcotics transactions on his street.

His dismissal has not deterred him from photographing suspected drug deals from vehicles and abandoned houses on his street and hitting the mayor’s office with a barrage of recorded incidents he feels were also narcotics transactions.

In fact, Lehman has combined several binders of photographs, reports and other information that he turned over to the city authorities. His warnings were consistently ignored.

Lehman, it seems, knew what he was talking about. Jennings police recently arrested 10 people in a major HEROIN BUST.

The Jennings Police Department chief, Todd D’Albor, recently resigned to take a similar position as leader of the newly-formed New Iberia Police Department.

That city, of course, has its own set of problems with a sheriff under fire and having escaped conviction on federal criminal charges brought against him in connection with the mistreatment of prisoners in his jail, including the deaths of some prisoners in his custody.

The most notorious case was that of a 20-year-old black male who authorities claimed managed to obtain a gun and shoot himself in the chest—while his hands were cuffed behind him.

The sheriff’s office took over patrol of New Iberia several years ago when the police department was disbanded because of a lack of city revenue with which to fund the department. Only after residents voted approval of $500,000 to reinstate the department last year was the department resurrected.

The vote to bring back the New Iberia city police department may have been prompted in part by the city’s VIOLENT CRIME RATE which runs far ahead of the state and national averages.

It’s uncertain if the New Iberia mayor and city council examined an audit report of the City of Jennings which said that D’Albor, while heading the Jennings Police Department, used public property for his personal use, used police department personnel to run personal errands, and that he stored personal property at city facilities against city policy.

All that might cause the casual observer to question why one city with a chronic crime problem would hire a police chief from a city where eight—or 13—unsolved murders continue to pose serious questions as to what is being done to solve the murders as well as to curtail open drug deals on the streets of a city that aspires to the title of Most Beautiful.

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