It’s really interesting—and disappointing—to see how the very ones charged with enforcing our laws can be so condescendingly smug about getting away with actions they have to know—but can’t bring themselves to admit—are wrong from a legal, moral and ethical standpoint.
To no one’s surprise, the Louisiana State Troopers Association (LSTA) is both capitalizing on what it terms as “civil unrest” and crowing about the outcome of Thursday’s meeting of the Louisiana State Police Commission (LSPC).
But the association’s braggadocio was careful to cloak an ongoing effort for yet another pay raise (the third in just over a year) in a carefully worded, three-sentence explanation.
And the election of a new commission president could present a whole set of new problems.
To bring you up to date, the LSPC accepted the recommendation that no action be taken in any investigation of wrongdoing by state troopers responsible for (a) making the decision to actively support political candidates with campaign contributions and (b) laundering the money through the bank account of LSTA Executive Director David Young. https://louisianavoice.com/2016/07/14/expectations-of-state-police-commission-report-on-lsta-campaign-contribution-probe-dies-with-a-pitiful-whimper/
The Code of Governmental Ethics, Section VIII of R.S. 18:1505.2 (B) lists the making of contributions or loans “through or in the name of another” as a prohibited practice. http://ethics.la.gov/Pub/Laws/cfdasum.pdf
That’s pretty specific and clear-cut. And that prohibition is equally applicable to boty civil service employees and state police, even though the two answer to different boards—state employees to the State Civil Service Commission and state troopers to the LSPC.
And if the LSPC cratered to pressure from the Louisiana Sheriffs’ Association, with the office of Gov. John Bel Edwards serving as the official conduit, there are other ongoing investigations and one of those investigating agencies, the FBI, is not likely to succumb to pressure from the sheriffs or Edwards.
The State Ethics Board also has been asked to look into the contributions laundered by LSTA to a number of statewide political candidates since 2003, including Bobby Jindal and Edwards, both of whom received $10,000 from the association. Edwards has since returned his contributions to LSTA.
Here’s the text of an email from LSTA President Jay O’Quinn that went out Friday morning, the day after the LSPC unanimously accepted the recommendation of commission attorney Taylor Townsend that no action be taken on the investigation:
From: Hillary Moses <email@example.com>
Date: July 15, 2016 at 10:53:37 AM CDT
Subject: A Message from LSTA President Jay O’Quinn
During this time of civil unrest, please remain vigilant in keeping yourselves and your families safe. I only wanted to take a few moments to inform you of a few details regarding yesterday’s Louisiana State Police Commission (LSPC) meeting. Most of you are aware that, many months ago, certain individuals alleged that LSTA members and David Young were guilty of misconduct related to political activity. The LSPC began an investigation into the LSTA based on these allegations and assigned attorney Taylor Townsend to conduct the investigation. The LSTA cooperated fully, and Mr. Townsend acknowledged his appreciation of our cooperation when he released his findings in yesterday’s public meeting. Mr. Townsend stated that the LSPC has no authority over the LSTA or its Executive Director, facts that were previously acknowledged. Mr. Townsend further declared that no individual trooper was guilty of misconduct. The commission then voted unanimously to take no action and announced the matter closed.
In regard to the proposed rule changes affecting the Louisiana State Police pay plan, Rodney Hyatt testified on behalf of the department. After some debate, Rodney and TJ Doss, our representative on the Commission, successfully persuaded the Commission to table this matter until the next LSPC meeting. This was done to allow the department time to ascertain the effects of the rule change and make any necessary adjustments to protect the pay plan.
Lastly, by vote of the six Commission members, TJ Doss was elected as Chairman of the LSPC. Please join me in congratulating TJ. He has proven to have the motivation and ability to lead the LSPC. To have the other Commission members recognize his ability and leadership is an enormous, well-deserved compliment. Thanks to all members who took time to attend yesterday’s meeting, and thank you to those who continue to support the LSTA. The many phone calls, messages, and words of encouragement mean more than you know. Please feel free to share this information with members who may not have an e-mail address separate from the department. Thank you, and stay safe.
Way to go, guys. You pulled a fast one. It’s not enough to get away with it, but you have to top it off with bombast and swagger—just to show you can. Real class. But you might do well to remember two applicable quotes: It ain’t over ’til it’s over (Yogi Berra) and Pride goeth before a fall (Proverbs 16:18).
If you read O’Quinn’s email carefully, you may have noticed two other things worth reexamination.
The e-mail skimmed over (we think deliberately) the testimony of State Trooper Rodney Hyatt with the two sentence explanation that Hyatt and commission member Thomas J. Doss, himself a state trooper, persuaded the commission to table an unspecified matter for 30 days to allow times to ascertain effects of a new rule change and to make “any necessary adjustments to protect the pay plan.”
That unspecified matter was a pay plan, adopted last November giving troopers an automatic yearly 4 percent pay hike but rescinded last month because any rule that affects wages or hours can go into effect only upon the governor’s signature—and that signature has never been provided. https://louisianavoice.com/2016/06/06/starnes-promotion-pulled-by-edmonson-after-complaint-governor-fails-to-sign-lsp-pay-plan-rescinded-by-lspc/
It was Doss who insisted that a new rule eliminating the longevity pay plan be tabled for 30 days. His motion was a transparent effort to send signals to the LSTA to step up its lobbying efforts with the governor’s office to get Edwards’ signature on last November’s pay plan, effectively killing the substitute plan. Eight months apparently was not sufficient for Doss and Hyatt; they need another 30 days, it seems.
Even as state civil service employees have gone without pay increases for five years or longer, state police have already received pay raises over the past 18 months totaling as much as 50 percent for some troopers.
The proposed longevity pay plan, which gives automatic yearly pay raises (that other state employees have been denied) aside from any merit increases, could give the impression that state police under its present leadership are just a tad greedy.
Obviously that’s not applicable to all state police officers—just those at the top who are attempting this as a means of consolidating power by buying the loyalty of the rank and file troopers. It was no accident that Thursday’s LSPC meeting was attended by nearly two dozen troopers from headquarters.
It was also Doss who was chosen as the new President of LSPC. The only dissenting vote was cast by Calvin Braxton of Natchitoches who nominated and voted for Interim President Lloyd Grafton of Ruston.
With the killing of the LSTC money laundering investigation and the 30-day delay on adopting a substitute to the proposed longevity pay plan in order for the LSTA to gets its ducks (read: politicians) lined up, the election of Doss as the new president was the perfect trifecta for Mike Edmonson.
The commission’s Web page contains the traditional mission statement:
Our mission is to provide a separate merit system for the commissioned officers of Louisiana State Police. In accomplishing this mission, the program administers entry level law enforcement examinations and promotional examinations; process personnel actions; issue certificates of eligibles; schedule appeal hearings on disciplinary matters on a monthly basis and pay hearings when necessary. Review, develop and implement State Police Commission rules, perform investigations, review contracts, review and accept or denies performance appraisal programs, and issues general circulars and transmittals. To enable the Office of State Police to meet the staffing needs in a timely fashion by hiring and promoting the best qualified applicants.
So now the following questions must be asked:
- Could there be a conflict of interest in his serving as president of the commission that is charged with performing investigations of wrongdoing and ruling on appeals of disciplinary matters?
- What will happen should State Police Superintendent Mike Edmonson come under investigation by the commission?
- What will be Trooper Doss’s position should one of his fellow troopers—a close friend—come under investigation for some transgression?
- How will Doss handle appeals from trooper friends disciplined by Edmonson? Will he support his friends or go against his commander?
These are serious questions that someone should put to the State Board of Ethics.
In the seven years that Doss has served as a full-time trooper, he has received pay increases totaling 36.5 percent—from $37,500 to $59,000.
But never fear. If past is indeed prologue (William Shakespeare: The Tempest), his seat on the commission is the fast track to lucrative promotions.
We have already begun a dangerous descent on a slippery slope and that slide must be reversed. Too often and for too long we have benignly looked the other way when we are confronted with unethical, immoral and illegal behavior by our public officials.
It is no longer sufficient to simply smile and say, “Well, that’s just Louisiana politics as usual.”
It may well be politics as usual, but it’s time for the citizens of this state to unite and demand one simple thing of our public officials:
Do the right thing. Not because we say so, but because it IS the right thing. Better yet, do it when no one is looking. You’ll be surprised how good it feels.