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An interesting civil trial is transpiring at the 19th Judicial District Court. Though estimates vary, if the plaintiffs prevail, about one taxpayer in five in the Greater Baton Rouge area may eventually wind up with a surprise check in the mail.

The trial involves a group of taxpayers, now represented as a class, who have sued the Amite River Basin Commission (ARBC) over what they claim are vastly overpaid property taxes covering construction of the Comite River Diversion Canal. The project was originally envisioned after the massive 1983 flood which resulted in significant backwater flooding long after rains had stopped. The concept behind the project involves providing a sort of relief valve (the Canal) to divert water from the Comite River into the Mississippi River. By lowering the water level of the Comite River, water levels would also be lowered in the Amite River basin in flood-prone areas such as Port Vincent and French Settlement.

What is in dispute is the amount of funding for which the ARBC (through local property owners) is responsible. The original estimate of the project’s construction costs was approximately $120 million (the current estimate is $199 million). Of that $120 million, the Army Corps of Engineers (through the Federal government) was to be responsible for 70% of the construction costs, or $84 million. The remaining $36 million cost was originally designated to be $30 million to the State of Louisiana, and $6 million to the ARBC.

A sidebar to the whole affair is how a Baton Rouge lawyer is legally or ethically able to represent ARBC when he also served as the plaintiff attorney in litigation against the state that could ultimately cost the state from $60 million to $70 million.

Plaintiffs’ attorneys have indicated that $6 million was the full extent of the construction costs for which the ARBC was responsible. To date, by way of a 3-mill property tax approved by voters in the District in 2000, combined with a renewal (at 2.65 mills) of that tax in 2010, plaintiff attorneys say about $24.5 million has been collected to date. The suit seeks a refund of the alleged $18.5 million overpayment.

At various stages in the trial, plaintiff attorneys have accused ARBC Executive Director Deitmar Rietschier of financial mismanagement and voter deception in order to “keep a project alive that is on life support.”

The attorneys have argued that Rietschier has an ulterior motive for over-collecting on the tax in order to fund his own $93,000+ annual salary along with his executive secretary’s $38,000 salary.  The board’s executive secretary, Toni Guitrau, also happens to be the Mayor of the Livingston Parish Village of French Settlement.

So, basically, the trial boils down to the claim that taxpayers of the district have been tricked into paying around $1.1 million in salaries for Rietschier and Guitrau during a period for which no funding has been appropriated for the project’s continued construction.

Plaintiff attorney Steve Irving argued that it is virtually impossible to accurately estimate the final cost of the project or if, it may even be completed.

Defense attorney Larry Bankston says there never was any intent to cap the ARBC’s contribution to construction costs at $6 million. He argues that the Canal project remains viable and is fully ongoing. He indicated that he has eight more witnesses to call.

Bankston’s roles as both plaintiff and defense attorney in cases involving the state would appear to pose a conflict of interests. Currently, he is:

  • Legal counsel to the State Auctioneer Licensing Board under a $25,000 contract;
  • Defense attorney for ARBC in its ongoing litigation over the overpayment of taxes to that board;
  • Plaintiff attorney in ongoing litigation against the Louisiana Department of Agriculture, and the state’s Rice Promotion Board and Rice Research Board over claims of excessive assessments against the state’s rice farmers.

Employing the doctrine that “the state is the state is the state,” it would appear that Bankston may have a conflict of interests under the code of ethics which governs attorney representation.

But as we discovered years ago, nothing is ever cut and dried in the legal world. And it’s obvious those in charge of attorney ethics or either ignorant of the subject or protective of their peers—or both.

And so it is with this question. We contacted a number of organizations, including the Attorney Disciplinary Board, the Louisiana Civil Justice Center, and the State Bar Ethics Council and each one punted. Eric K. Barefield of the State Bar Association’s Ethics Council did finally respond to our email question about the propriety of working both sides of Litigation Street but his answer did little to shed light on the issue:

“Thank you for your inquiry. The Louisiana State Bar Association’s Ethics Advisory Service is designed to provide eligible Louisiana-licensed lawyers with informal, non-binding advice regarding their own prospective conduct and/or ethical dilemmas under the Louisiana Rules of Professional Conduct (the “LRPC”).  According to limitations set by the Supreme Court of Louisiana, we are not permitted to evaluate contemplated disciplinary complaints, to serve as the catalyst for potential complaints or even to comment on the conduct of lawyers other than that of the requesting lawyer. 

“As such, regrettably, we are not permitted to help you evaluate whether the lawyer in your scenario has or may be violating the LRPC nor are we permitted to give you legal advice on matters such as those contained in your e-mail. 

“In addition to the foregoing, if you are concerned about protecting and/or asserting your rights and interests in this matter, perhaps you should strongly consider consulting another lawyer as soon as possible with regard to getting an evaluation of your facts and a legal opinion about your rights, interests and options.  Regrettably, no one on the staff at the LSBA is permitted to offer legal assistance and/or legal advice.”

That rendition of the Bureaucratic Shuffle would easily get a “10” rating on Dancing with the Stars.

Bankston, you may remember, is a former staff attorney for the Louisiana Attorney General’s office, was assistant parish attorney for East Baton Rouge Parish and a member of the Baton Rouge City-Parish Commission before his 1987 election to the Louisiana State Senate.

In 1994, while serving as chairman of the Senate Judiciary Committee, Bankston met in his law office with Fred Goodson, owner of a Slidell video poker truck stop. The FBI later said Bankston and Goodson discussed a plan to manipulate the legislative process in order to protect the interests of video poker companies in exchange for providing key legislators secret financial interests in video poker truck stops.

Bankston was subsequently indicted and convicted on two racketeering counts, one of which was a scheme whereby Goodson would pay Bankston “rent” of $1,555 per month for “non-use” of Bankston’s beachfront condo in Gulf Shores, Alabama—a bribe, according to prosecutors.

Bankston was sentenced to 41 months in prison in 1997 and ordered to pay a $20,000 fine.

Released on Nov. 6, 2000, Bankston was subsequently disbarred by the Louisiana Supreme Court on Mar. 9, 2002, retroactive to Nov. 19, 1997, but was re-admitted to practice law on Feb. 5, 2004.

So, now he represents two state boards and is suing two others and a state agency.

And there apparently is no one who can—or will—call a foul in this game.

 

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“The record is replete with instances in which Mr. Begue acted as prosecutor throughout the proceedings, and at times, simultaneously acted as prosecutor, panel member and independent counsel—even ruling on his own objection.”

—Louisiana Fourth Circuit Court of Appeal unanimous decision on Sept. 26, 2012, to reverse the the Louisiana State Board of Dentistry’s 2010 revocation of the license of Shreveport dentist Dr. C. Ryan Haygood.

“Based upon our review of the record, we find that Mr. Begue’s functions of general counsel, independent counsel, prosecutor and fact-finder were so interwoven that they became indistinguishable, which created the appearance of impropriety and deprived the proceedings of the imperative and fundamental appearance of fairness. Therefore, the board’s decision to revoke Dr. Haygood’s license must be reversed.”

—Fourth Circuit Court of Appeal, in that same decision.

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When we wrote on March 7 that the Louisiana State Board of Dentistry (LSBD) functions simultaneously as adjudicator, prosecutor, judge and jury in disciplinary hearings against dental professionals, we were not embellishing or fudging the facts. Quite the contrary; we were being quite literal.

Take the behavior of LSBD legal counsel Brian Begue, for example, in the 2010 hearing on charges brought against former Shreveport dentist C. Ryan Haygood, a Magna Cum Laude graduate of Louisiana Tech University with a degree in molecular biology and the LSU School of Dentistry.

Since 1995, Begue, rather than serve as a staff attorney at a set salary, has received eight separate contracts from the board totaling an eye-popping $2.825 million, including $450,000 for each of the last five three-year contracts.

(And State Sen. Robert Adley, Gov. Bobby Jindal and others are carping about the attorney general hiring a private law firm to pursue that lawsuit against 97 oil and gas companies by the Southeast Louisiana Flood Protection Authority-East? But that’s another story.)

Begue’s role in his capacity as board legal counsel, according to a Sept. 26, 2012, ruling by the Louisiana Fourth Circuit Court of Appeal in New Orleans, is restricted to that of an advisor “who is independent of complaint counsel and who has not participated in the investigation or prosecution of the case.” (Emphasis added.)

The appeal court, in its ruling, noted that Begue “participated in the hearing before the board’s panel both as prosecutor and adjudicator” during Haygood’s hearing before the board. An adjudicator is one who presides, judges and arbitrates during a formal dispute and as such, may rule on evidentiary objections and other procedural questions if so delegated to do so by the board chairman.

Moreover, the court said, the LSBD “condoned Mr. Begue’s behavior and failed to acknowledge Dr. Haygood’s objection that Mr. Begue was overstepping his role in the proceedings.”

The appeal court went even further to say that the board’s hearing record was “replete with instances in which Mr. Begue acted as prosecutor throughout the proceedings, and at times simultaneously acted as prosecutor, panel member and independent counsel,” and noted that in a separate 1997 case, the Louisiana Supreme Court said that the “commingling of prosecutorial and adjudicative functions violates both the letter of the Louisiana Administrative Procedure Act and the due process goals it is designed to further.” The idea of the same person serving as judge and prosecutor “is anathema under our notions of due process. Such a scenario is devoid of the appearance of fairness,” The appeal court said.

To fully appreciate the extent of Begue’s—and by its complicity, the board’s—willingness to disregard any semblance of fairness or due process, consider this gem: the court observed that Begue’s brazen behavior went so far as “even ruling on his own objection.” (emphasis added.)

The absurdity of such actions brings to mind the episode of the old Danny Thomas CBS series Make Room for Daddy in which he launched The Andy Griffith Show. In that episode, Thomas, in the role of Danny Williams, is pulled over for speeding by Griffith in the role of Mayberry Sheriff Andy Taylor. At the courthouse, it turns out that Andy is also the judge and when he imposes a fine, Danny demands to speak to the mayor. “All right,” drawls Andy as he picks up the phone and tells the operator to give him the mayor’s office. A second phone on the desk of the sheriff/judge rings and Taylor picks it up and answers, “Mayor’s office, Mayor speaking.”

Any first-year law student would know an attorney cannot rule on his own objection. That is very definition of a kangaroo court. And if he is not acquainted with that basic rule that every high school debater knows, the practice of law is the last occupation he should be pursuing. Perhaps he would be better suited to cleaning Porta-Johns.

And for that, he holds a $450,000 contract with the board.

But it gets better.

Ten years earlier, in hearings on charges against Dr. Randall Schaffer, Begue had openly violated a Louisiana Supreme Court order to cease participating in board proceedings by serving as both prosecutor and board general counsel. Yet, he continued that same practice in Dr. Haygood’s hearings before the board—and in all likelihood, will again in the next case against some unsuspecting dentist.

Haygood ultimately was convicted on eight separate charges, three of which had been dropped before his hearing took place, a quantum stretch its own right on the part of the board. He was fined $5,000 on each of the eight counts ($40,000) and ordered to pay not only his own attorney fees but those of the board and the fees of board investigator Camp Morrison (combined total of $133,000), for a total financial penalty of $173,000. Additionally, the board ordered permanent revocation of Haygood’s dentistry license.

The activities of board-contracted private investigator Morrison are almost as bad—except he has received eight contracts since 1997 totaling “only” $1.735 million, more than a million dollars less than Begue, but still nothing to sneeze at.

What’s more, the board pushed a bill through the Louisiana Legislature two years ago that allows the board to provide legal representation for Morrison—at the board’s (read: taxpayer) cost, a benefit bestowed upon no other state contractor.

Also, Morrison is provided a rent-free office in the LSBD suite on the 26th floor of One Canal Place in New Orleans, a suite for which the board pays a whopping $4,700 per month in rent.

Occasionally, contract workers for state agencies are provided work space in state offices but that is only for those jobs which cannot be performed offsite. But it is unheard of for a state contractor to be provided legal representation. In fact, the reverse is true. Contractors are required to maintain their own errors and omission insurance and to provide their own legal counsel in case of litigation—and those contracts contain hold harmless clauses, or indemnification, for the state.

So, the question obviously is what did Dr. Haygood do to bring the wrath of the LSDB down upon him?

A better question might be what did Morrison and Begue do?

We will attempt to address the two questions in order.

Apparently, Haygood’s biggest sin was opening offices in Shreveport and Bossier City and initiating an aggressive advertising campaign that resulted in attracting former patients of prominent Shreveport dentist Ross Dies who was one of several defendants named in a federal lawsuit filed by Haygood.

Other defendants include Morrison; unlicensed investigators Karen Moorhead and Dana Glorioso hired by Morrison and who Haygood says posed as patients, giving him false symptoms in order to help Morrison build his case against Haywood; former LSDB executive director Barry Ogden; members of LSBD, and several dentists who Haygood says assisted LSDB in its investigation of him.

The fact that board member Dr. H.O. Blackwood also was a Haygood competitor in the Shreveport area didn’t help, Haygood says in his lawsuit.

Haygood says in his lawsuit that Ogden and Begue were “well aware” at the time Ogden appointed Begue as independent counsel that Begue had already “participated in the investigation or prosecution of the case” against Haygood. “In fact, Begue began discussing the investigation with Morrison as early as April 2007, at the outset of the investigation, and he conducted conversations with Ogden, Morrison and other board members regarding the status of the investigation long before he (Begue) was appointed independent counsel.” Haygood said that as long-time counsel for the board, Begue “was aware that his activities prior to the appointment by Ogden disqualified him for service as independent counsel.”

Haygood said that aggressive, unrestrained investigation tactics employed by Morrison and Begue “create an obligation of the board to pay costs that it is typically unable to pay,” costs that are passed on to the dentist under investigation if he is convicted—and few brought before the board escape without some type of monetary penalty.

“Morrison utilizes coercive and threatening tactics when interviewing witnesses,” Haygood said. While conducting his investigation of Haygood, for example, Morrison appeared at the home of Haygood’s hygienist, Julie Snyder, at 8:30 p.m. during her maternity leave, the lawsuit says. “Finding her home alone with her newborn baby, Morrison told Snyder that he knew that she and Haygood were guilty and pressed her to admit wrongdoing, Haygood says, adding that other dentists “have had to have police officers assist in removing Morrison from their offices after he refused to leave.”

It should be noted that when a dentist is brought before the board for a hearing on charges brought against him, the board is represented by Begue and another lawyer designated as the prosecuting attorney. The dentist, on the other hand, is not allowed to have legal representation before the board.

The Fourth Circuit Court of Appeal, in its September 2012 ruling, noted that board member Dr. Conrad McVea, Jr. directed Morrison “to send people in” to Haygood’s offices. This was the son of former board member Conrad McVea, Sr. who told Dr. Randall Schaffer, who is Jewish, that he could never maintain the professional standard of care in his practice because he had never accepted Jesus as his personal savior. The obvious question here is: are board memberships passed down from father to son like some type of inheritance or family heirloom?

Moorhead was recommended as one of the two unlicensed investigators to pose as patients by Dr. White Graves, a former board member and Moorhead’s employer, the Fourth Circuit decision says.

“Dr. Haygood argues that he was not afforded due process at the hearing before the board,” the appeal court said. “He also contends that during four days of testimony, Mr. Begue ‘repeatedly interfered and zealously advocated on behalf of the board by cross-examining witnesses, supplying objections to complaint counsel, and questioning the credibility of Dr. Haygood.’

“We have comprehensively reviewed the transcripts of the four-day hearing and we agree with Dr. Haygood’s representation of Mr. Begue’s actions.”

The Fourth Circuit’s decision further said that Begue’s “twofold role as prosecutor and adjudicator violated Dr. Haygood’s right to a hearing that is fair and impartial. The type of commingling found in this case is strictly prohibited by the Louisiana Administrative Procedure Act.

“Based upon our review of the record, we find that Mr. Begue’s functions of general counsel, independent counsel, prosecutor and fact-finder were so interwoven that they became indistinguishable, which created the appearance of impropriety and deprived the proceedings of the imperative and fundamental appearance of fairness.

“Therefore, the board’s decision to revoke Dr. Haygood’s license must be reversed,” the ruling said, adding that the board “improperly combined the prosecutorial and judicial functions by allowing its general counsel, Mr. Begue, to serve as the prosecutor, general counsel, panel member and adjudicator for the proceedings. We hold this conduct is violative of the Louisiana Administrative Procedure Act and Dr. Haygood’s due process right to a neutral adjudicator and a fair hearing.”

“We find the Louisiana State Board of Dentistry’s decision to revoke Dr. C. Ryan Haygood’s dental license is arbitrary and capricious; therefore, we reverse the trial court’s judgment (the state district court had earlier upheld most of the board’s actions) which affirmed the revocation of Dr. Haygood’s license and remand this matter to the board for a new hearing.”

Wait. What? Remanded to the board for a new hearing?

Yep. The Haygood matter went right back to the board to be heard by the same panel.

You don’t need three tries to guess the odds of a different outcome for the rehearing. One might have a better chance in Warren Buffett’s $1 billion prize for picking the winner of every game in the NCAA March Madness bracket.

Haygood, realizing he would never receive a fair hearing, much less a different outcome in repeated appearances before the board, finally packed up his chair and drill and moved to North Carolina where he currently practices his trade. But because he refuses to give the board the satisfaction of backing down, his hearing is still pending.

And that is how kangaroo courts work.

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“I’s here.”

—Louisiana Auctioneer Licensing Board Vice Chairman James Sims and consumer member Greg Bordelon, both responding to roll call at the board’s Nov. 5, 2012, meeting in apparent mocking of fellow member Rev. Freddie Phillips, who is black. The incident was reported in the Baton Rouge Advocate:  article

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By Robert Burns

LouisianaVoice writer

Following up our recent post regarding shill bidding and the Louisiana Auctioneer Licensing Board (LALB) turning a blind eye to the illegal practice, I’ll now shift to another alarming aspect:  racism.  To get the true tone and tenor of that racism, I would encourage readers to click on the audio links supplied in this post and merely listen to (or watch) what is said.

As mentioned in our first installment, Rev. Freddie Phillips was appointed to the LALB in early 2008.  He is the first and, to date, only African American auctioneer in Louisiana’s history.  Rev. Phillips attended the 2008 National Auctioneer’s Association (NAA) convention soon after he joined the LALB.  He wasn’t aware that, as an LALB Member, he was entitled to have his trip paid for by the LALB.  Upon his return and learning that fact, he applied for reimbursement.  His request, however, became engulfed in an ocean of technicalities (most notably reimbursement being sought after the closeout of a fiscal year), so Rev. Phillips ultimately ceased pursuit of the reimbursement.  Instead, he informed me that he would seek approval to attend the 2010 NAA Convention as an LALB representative instead.

Accordingly, at the May, 2010 LALB meeting, Rev. Phillips made what he thought would be a simple request to attend the Convention.  He quickly got a surprise, however, when I was the only other LALB member voting to approve his request.  He thus became the first LALB member to be denied the privilege of attending as a Board representative.  Many board members, in explaining why they opted not to approve his attendance, were rude and mean-spirited in their assessment of Rev. Phillips.  Those assessments included former long-time LALB chairman Delmar “Buster” Gay’s saying that  Rev. Phillips may be an embarrassment at the convention.  Then-Vice Chairman (now Chairman) Tessa Steinkamp also said that she wouldn’t want Rev. Phillips to represent the LALB.

Frustrated in his efforts, Rev. Phillips began seeking historical LALB travel records, only to face demands by then-Chairman James Comer and former long-time Chairman Gay as to why he wanted the records. (Editor’s note: Louisiana’s public records laws expressly prohibit any inquiry into why a citizen would want to see any public record.) The badgering reached an apex when Comer told Rev. Phillips to get an attorney and sue the LALB.  As evidenced by the preceding audio clip, Comer also indicated that Rev. Phillips and I may end up “by theirselves (sic),” implying that Gov. Jindal may soon remove one or both of us from the LALB (a prophetic statement as I was subsequently terminated).  Rev. Phillips  finally spoke up, saying, “I don’t have to take this.”   Others also spoke up in his behalf.  First, I defended him.  Also, audience member (and then-auctioneer) Nell Stuart expressed her displeasure with comments made regarding Rev. Phillips.  Finally, Rev. Phillips’ then-Representative, Rep. Regina Barrow, whom Rev. Phillips and I invited so she could witness first-hand the relentless attacks, voiced her own observations of “underlying issues” that she’d witnessed.

All of the audios in the preceding paragraph transpired at one meeting (which would turn out to be my last):  August 2, 2010.  I sent all of these audios clips (and others) to Gov. Bobby Jindal’s office and relayed my sentiments that the kind of conduct being exhibited by Chairman Comer, former long-time Chairman Buster Gay, then-Vice Chairman (now Chairman) Steinkamp, and others was completely unacceptable and that I expected either changes or that other more professional board members would be recruited to serve.  I also made it clear to the Jindal administration that I intended to provide these audio clips to anyone who requested them or may have interest in them.  I was given my walking papers (I believe the term is teagued) by Gov. Jindal 39 days later.  What Gov. Jindal nor the Board counted on was that my ouster would leave me free me video subsequent meetings.

The August 2, 2010, LALB meeting prompted Rep. Barrow to address board and commission appointments in general at a special meeting of the Joint Committee on Governmental Affairs on November 17, 2010.  She requested that a representative from the LALB attend to answer any questions the panel may pose but only Rev. Phillips and Ms. Steinkamp attended.

Rev. Phillips never received a check for his attendance at that legislative hearing even though the LALB had no qualms about issuing Ms. Steinkamp a check for her $97 per diem for her attendance. When Rev. Phillips inquired why he didn’t receive a per diem payment,  Executive Director, Sandy Edmonds, said that since Rev. Phillips was “suing the board” (Rev. Phillips filed a Writ of Mandamus to obtain travel records which Chairman Comer was refusing to provide), he “should not be a representative of the board.”

Following is a list of a few of the events involving Rev. Phillips that have transpired since my ouster from the LALB:

1.  1/10/11:  Rev. Phillips repeatedly threatened with lawsuits for questioning the fact the LALB didn’t vote to approve its attorney charging for time attending an NAA Convention (the same one he was denied being able to attend).  The threats begin at the 3:09 mark of this video.  The lawsuit treat was followed up in writing soon thereafter.  (Note:  By the time of that meeting, former long-time Chairman Buster Gay’s LALB membership had been severed.  Also the 1/10/11 meeting turned out to be Chairman Comer’s last meeting as his membership was severed days after the meeting).

2.  7/17/11:  Rev. Phillips’ license is threatened for attempting to bring up issues at New Orleans Auction Galleries (NOAG), which filed bankruptcy on 4/1/11 and employed LALB Chairman Steinkamp as its “Vice President, Director, and Treasurer.”  Chairman Steinkamp begins her threat at the 1:33 mark of this video.  At the time of bankruptcy, NOAG had over $600,000 in unpaid consignors and had been paying company operating expenses with consignor escrowed funds, yet Chairman Steinkamp, her position with NOAG notwithstanding, never alerted the LALB to any problems at NOAG and the LALB instead learned of them via the bankruptcy filing.

3.  9/17/11:  Rev. Phillips is asked four times within a two-minute span if he is “carrying a weapon.”   There’s no way to know if there’s a correlation, but Board Attorney Anna Dow sent then-Chairman Comer this letter dated July 25, 2010 relaying that the females feel a need for security in light of “events over the last few years.”  From the August 2, 2010 meeting on, the LALB has employed an EBRP Deputy (Ronald Landry) at all its meeting at a cost of $160/meeting.  Rev. Phillips told me that the “are you carrying a weapon” inquiry was the proverbial “last straw” and that he informed Gov. Jindal’s administration hat he would not agree to serve another concurrent term and that Jindal needed to begin searching for a replacement for his second term.  Gov. Jindal did appoint a replacement days after he began serving his second term.

4.  11/05/12: At the first LALB meeting that Phillips missed in more than four years, LALB Vice Chairman James Sims and Consumer Member Greg Bordelon respond to the roll call with “I’s here.”  Rev. Phillips requested that I submit that audio clip to Gov. Jindal’s Office, so I did.  Accordingly, knowing that an article in The Advocate was pending about the incident, Gov. Jindal’s office requested that the Inspector General’s Office investigate the matter.  The IG’s Office issued this report in which Sims attributed his response to his “diabetes and dentures.”  Bordelon, meanwhile, denied answering the roll call in that manner in the Advocate article but ultimately admitted he did make the roll call response but said he was “merely mocking Sims, a North Louisiana redneck.”  Shortly after release of the IG report, The Advocate published this article of the report’s findings.  Bordelon’s LALB membership was severed about three months later.  Mr. Sims continues to serve as LALB Vice Chairman.

Rev. Phillips decided that it would be a good idea for the LAPA website to have an “embarrassment index” which was alphabetized by board member or affiliate.  It was an excellent suggestion, and here’s that alphabetized link of embarrassments for anyone who’d like to see it.  Perhaps future LALB meetings will provide additional material.

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