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Archive for the ‘Contract, Contracts’ Category

Business Wire, an online business news publication and part of Warren Buffett’s vast Berkshire Hathaway Company, posted an interesting story on Tuesday (July 12) that, thanks to our friend and sometimes contributing writer Stephen Winham, prompted LouisianaVoice to dive into our ubiquitous resource of public records.

What we found was of considerable interest.

It seems that our former governor was/is not above accepting generous campaign contributions from those doing business with the State of Louisiana.

But we knew that already as evidenced by the scores of stories we’ve posted on this site about his cozy financial relationship with vendors.

But then on Tuesday, Business Wire posted a story from Katy, Texas, announcing that Cotton Holdings, Inc. “is pleased to announce that it has added Bobby Jindal, the 55th Governor of the State of Louisiana, to the Board of Directors.”

http://www.businesswire.com/news/home/20160712006179/en/Cotton-Holdings-Elects-Bobby-Jindal-Board-Directors

Okay, so what’s the big deal? Lots of politicians retire from office only to (a) join some lobbyist firm at an enormous salary, (b) join the public speaking circuit at incredibly high fees, or (c) join some corporate board of directors at an obscenely huge salary.

Former presidents George Bush the Elder and Bill Clinton capitalized in a big way on the speaking tour, pocketing millions of dollars. Former President Gerald Ford accepted high-paying positions on the boards of 20th Century-Fox, Primerica, and American Express. Gen. Douglas MacArthur joined the Rand Corp. board after being fired by President Truman.

Truman, on the other hand, refused to play the game. He consistently rejected offers to make commercial endorsements, to engage in lobbying, or to accept “consulting fees.” Offered a position on a corporate board, he is said to have tersely replied, “You don’t want me. You want the office of the president, and that doesn’t belong to me. It belongs to the American people and it’s not for sale.”

The accuracy of that quote has never been verified, but he did write in his 1960 book, Mr. Citizen: “I turned down all of those offers. I knew that they were not interested in hiring Harry Truman, the person, but what they wanted to hire was the former President of the United States. I could never lend myself to any transaction, however respectable, that would commercialize on the prestige and the dignity of the office of the Presidency.”

Not so, apparently, with “Mr. Ethics,” the man who claims to have given Louisiana the “gold standard” of good government.

Here’s what Pete Bell, founder and CEO of Cotton Holdings, had to say about his firm’s newest director:

“Having known and worked with Bobby (first name basis, wouldn’t you know?) over the past several years, I am very pleased to now have him join the board as we celebrate the 20th anniversary of the company…I am confident that Bobby’s vast expertise and depth of knowledge of government, coupled with his extensive commercial experience (what!!!???), will add tremendous value to the company and, ultimately, our shareholders.”

Jindal’s “extensive commercial experience” consists of approximately 11 months’ employment with McKinsey & Co. It’s the only time he has worked in the private sector in his entire life. Bobby must have crammed a lot of his “extensive commercial experience” into those 11 months.

Cotton Holdings Board Chairman Naveen Bhatia added, “We are excited to expand the board of Cotton with another world-class director with specific domain expertise and who will continue to drive the growth of our various businesses. Whether it is his experience in attracting $60 billion of private capital to Louisiana, including the petrochemical industry which is a growth engine for Cotton, or his operational expertise across our business lines, our board and management are looking forward to having a problem solver (snicker, chortle, guffaw) of Bobby’s caliber joining the team and assisting in our continued goal of maximizing shareholder value.”

Headquartered in Katy, Cotton Holdings is an infrastructure support services firm which provides property restoration and recovery construction, roofing, consulting, temporary workforce staffing and housing and culinary services to public and private entities throughout the U.S. in support of disaster events and complex work environments of the petrochemical and oil and gas industries, the Business Wire news release says.

CORPORATE REPORT

So, how is it that Cotton founder Pete Bell has “known and worked with Bobby over the past several years”?

That’s what we at LouisianaVoice wanted to know and rule number one is to always follow the money. Rule two: see rule one.

Well, it turns out that Cotton had a couple of pretty nice CONTRACTS with the State of Louisiana. Together, the two contracts totaled more than $2.2 million.

The larger of the two contracts was for $1.965 million but we were unable to check the dates of that expired contract since the state’s Web page for state contracts would not allow access to the details of that contract. The smaller contract, however, for $295,453, did allow access and revealed that the contract was for just 22 days in 2006. It called for mold remediation in a building at Delgado Community College in New Orleans.

In checking campaign finance records, we also find that four Cotton BOARD OFFICERS’ campaign contributions to Jindal’s state political campaigns totaled more than $29,500 between January 2007 and October 2012—after the smaller of the two contracts was awarded, it should be noted. But even though Jindal had no hand in awarding at least one of the contracts, classified employees are prohibited by the State Ethics Commission from accepting the smallest of gifts from vendors, so why should that same rule not apply to elected officials?

Records reveal that Bell contributed $5,000 on Oct. 8, 2009. CFO Bryan Michalsky and COO Randall Thompson gave $5,000 each the following day. Two weeks later Bhatia chipped in $5,000 to go with the $4,000 he gave on Sept. 5, 2007; the $3,000 contributed in cash and an additional $1,594.28 in in-kind contributions (food for a campaign event) on Oct. 25, 2012, and $1,000 on Jan. 31, 2007.

Because we are unable to access the larger contract to determine the beginning and end dates, it is impossible to determine whether that contract or the campaign contributions came first.

The campaign contributions aside, has Jindal hung a “For Sale” sign on the governor’s office as he did several state agencies during his tenure? Apparently so.

Unlike Truman, he has shown no reluctance in capitalizing on and profiting from his eight disastrous years as governor. Even as the bankrupt state struggles to overcome his wholesale carnage and to provide needed services to its citizens, this self-anointed paragon of virtue finds ways to reap financial rewards for himself. We submitted a request to Cotton for his salary as the company’s newest board member but to no one’s surprise, there was no response. Funny how eager Cotton was to get the announcement out on Bobby’s appointment but is suddenly silent on his compensation package.

How many other board positions has Jindal accepted since leaving office? How many others will he accept in the future? Who knows? We’ve already seen that he is a shameless opportunist. Cotton may well be not the only corporate entity eager to bring Jindal on board to prostitute the office of governor; it may just be the only one to make a public announcement.

We will probably never see another congressman like former Speaker of the House Sam Rayburn, who holds the record for the longest tenure as House Speaker (17 years), started out in the Texas Legislature. He was a member of the Steger, Thurmond and Rayburn Law Firm at the time and while serving, he refused to accept fees from clients with interests before the legislature because he said was a servant of the people of Fannin County. Later, as a member of Congress, a wealthy oil man delivered an expensive horse to Rayburn’s farm in Bonham, Texas. Though only the two men and a Rayburn staff member knew about it, Rayburn promptly returned the horse. He always paid his own travel expenses—even on a trip to the Panama Canal when his committee was considering legislation concerning the canal.

When he died in 1961, his entire estate was valued at just under $300,000, most of which was land he owned. The amount of cash that he had in various checking accounts was just over $26,000. Compare that to Jindal, who became a multi-millionaire during his brief, three-year stint in Congress and who owns home in a gated Baton Rouge community valued at almost a million dollars.

All of which should make each of us sit back and wonder whatever became of the idealistic, patriotic concept of public service? Why do our elected officials—Billy Tauzin, Bennett Johnston, Bob Livingston, Richard Baker, John Breaux (to name only former Louisiana politicians)—use their positions of public trust as a springboard to greater wealth and power as professional lobbyists whose duty it seems to be to work for the enrichment of their corporate clients as opposed to the benefit of their former constituents?

Worse yet, why do we as the taxpaying citizens allow it? Why is it there has been no groundswell of public sentiment for strict, binding laws prohibiting the seamless transition from congressman to paid corporate whore?

We didn’t create the monster but we certainly allowed our representatives to worship at the altar of greed and influence and to grow into the destructive agents they have become.

And now you can add your knight in tarnished armor, Piyush Jindal, to that ever-growing list of non-official hogs at the public trough.

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During the Bobby Jindal years in Louisiana, it was well documented that seats on prestigious boards and commissions were the rewards for generous campaign contributions.

Seats on the LSU Board of Supervisors, the Board of Supervisors of the University of Louisiana System, the Louisiana Stadium and Exposition District (Superdome), or various levee boards came at a price and those who wanted the seats ponied up. http://www.nola.com/politics/index.ssf/2013/11/bobby_jindals_political_appoin.html

Even the job of monitoring Louisiana’s hundreds of boards and commissions went to the director of the Committee to Re-Elect Bobby for an eight-month period from mid-October, 2012 to June 28, 2013, thus insuring that board appointees would do the bidding of the governor.

That, apparently, is the way politics work just about everywhere.

In Florida, a large enough campaign contribution can even buy justice—or stymie justice, as the case may be.

Pam Bondi, attorney general in the Sunshine State (talk about a misnomer), solicited—and received—a $25,000 contribution from the Donald Trump Foundation and once the check cleared, she promptly dropped her office’s investigation of Trump University, conveniently citing insufficient grounds to proceed. http://finance.yahoo.com/news/florida-ag-asked-trump-donation-075016133.html

And in Bossier City, less than $20,000 in campaign contributions has smoothed the way for the transfer of the city’s water and sewer department to a private Baton Rouge firm—at a first-year cost of more than $1 million to the city, and the loss of about 40 jobs in the department.

http://www.ksla.com/story/32159296/public-private-partnership-in-bossier-city-threatens-dozens-of-jobs

http://www.ktbs.com/story/32163755/bossier-city-council-considers-privatizing-water-sewer-operations

Word has been filtering down to LouisianaVoice for some time now that Caddo Parish is the new New Orleans in terms of political corruption. Apparently elected officials across the Red River have been paying attention to both Caddo Parish and to Bobby Jindal’s love of privatization as well as his thirst for campaign contributions.

The city council voted unanimously Tuesday (June 6) afternoon to approve the PUBLIC PRIVATE PARTNERSHIP AGREEMENT with Manchac Consulting Group out of Baton Rouge.

Typical of the seemingly growing penchant of public officials for operating out of earshot of the public, more than 100 employees of the Water and Sewer Department have been told nothing over the last several months of negotiations. City officials have refused to provide information to workers even though an organizational chart proposed by Manchac reflects half the current staffing in some departments.

On Tuesday, the vote was 7-0 to approve a five-year contract with Manchac Consulting to oversee the city water and sewer treatment plants, distribution lines and daily operations at a first-year cost of a little more than $1 million the first year, including $120,000 upon city officials’ signing the contract.

Campaign finance reports show that at-large council member David Montgomery received $2500 from Manchac, $2500 from its CEO Justin Haydel, $2500 from Atakapa Construction Group, which includes Haydel and Manchac President Kenneth Ferachi as officers, $2500 from Manchac Senior Project Manager Christopher LaCroix, and $999 from Ferachi—a total of $10,999.

Council member Scott Irwin received $500 each ($2000 total) from Atakapa, Ferachi, Haydel and Manchac Consulting Group.

Bossier City Mayor Lorenz “Lo” Walker received $6,644 total, including $2500 from Manchac Consulting, $3,144 from Haydel (including $2,144 in an in-kind contribution for a fundraising dinner in Baton Rouge), and $1000 from Atakapa Construction.

An Associated Press story pointed out that the Trump family foundation contribution, received by a political group supporting Bondi’s re-election, was received on September 17, 2013 and was in “apparent violation” of rules regulating political activities by charities.

But hey, what’s a little obstacle like a federal law when you’re trying to buy your way out of trouble? It was The Donald himself, after all, who is on record as saying he expects and receives favors from politicians to whom he gives money.

The commitment to pay Manchac more than $1 million over the next 12 months may be completely above-board—we hope so, anyway—but taken in context with the way city officials kept their own employees in the dark even as the mayor and two council members took contributions from the prospective vendor, it just doesn’t look good. And, as they say: perception is everything.

Public employees, after all, are prohibited—as they should be—from accepting anything of monetary value from vendors or contractors. So why should elected officials be held to a completely different (read: double) standard of ethical behavior?

Before we leave this topic, it should be pointed out that politicians will only do what they can get away with. If the voters lower the bar, then our public officials will respond accordingly. Only if we demand accountability, will officials be accountable. A compliant legislature not held accountable by voters allowed Jindal to rape this state for eight years. Likewise, our failure to insist on statesmanship instead of demagoguery, decorum instead of buffoonery, serious discussion of the issues instead of meaningless rhetoric, sanity instead of hysteria, has created candidates like Donald Trump.

If we consistently look the other say and say that’s just the way it is, that’s the way it will always be.

And we will have no one to blame but ourselves.

We will have done it to ourselves.

 

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A lobbyist with close ties to former Louisiana Alcohol and Tobacco Control Commissioner Troy Hebert has been indicted by a Baton Rouge federal grand jury on more than 30 counts of bestiality and distribution and possession of child pornography. http://news.co.cr/u-s-owner-costa-rica-hotel-faces-online-child-porn-charges/47325/

Christopher G. Young, 53, a prominent lobbyist for the Beer Industry League of Louisiana, is also a brother to former Jefferson Parish President and assistant prosecutor John Young who was an unsuccessful candidate for Lieutenant Governor last fall.

https://news.google.com/newspapers?nid=1697&dat=20030620&id=bCgqAAAAIBAJ&sjid=MUgEAAAAIBAJ&pg=6713,2339971&hl=en

Young is part owner of a hotel in the Central American country of Costa Rica where he was a frequent visitor on business and vacation trips, says Costa Rica Star reporter Jaime Lopez. The indictment says Young received two videos depicting prepubescent boys engaged in bestiality from an associate in that country. From from 2013 through 2015, Young then distributed the pornographic videos to 38 different individuals on 33 separate occasions via his cellphones, the indictment says.

Young is a registered lobbyists for a number of interests, most of which have strong ties to the alcohol and entertainment interests in Louisiana. Young was listed as Executive director of the Louisiana Association of Beverage Alcohol Licensees for which he also was listed as a lobbyist.

Here is a list of Young’s lobbying clients provided by the State Board of Ethics:

CHRISTOPHER GERARD YOUNG
2016: Local / Legislative / Executive
P.O. BOX 55297
METAIRIE, LOUISIANA 70055
504-915-5953
DAVID BRIGGS ENTERPRISES, INC.
Legislative / Executive
Active: 1/25/2009 – current
641 PAPWORTH AVENUE
METAIRIE, LOUISIANA 70005
BEER INDUSTRY LEAGUE OF LOUISIANA
Legislative / Executive
Active: 1/25/2009 – current
575 N. 8TH STREET
BATON ROUGE, LOUISIANA 70802
LOUISIANA ASSOCIATION OF BEVERAGE ALCOHOL LICENSEES, INC.
Legislative / Executive
Active: 1/25/2009 – current
P.O. BOX 55012
METAIRIE, LOUISIANA 70055
WINE AND SPIRITS FOUNDATION OF LOUISIANA, INC.
Legislative / Executive
Active: 1/25/2009 – current
575 N. 8TH STREET
BATON ROUGE, LOUISIANA 70802
TIPITINA’S FOUNDATION, INC.
Legislative / Executive
Active: 1/25/2009 – current
4040 TULANE AVENUE, SUITE 8000
NEW ORLEANS, LOUISIANA 70119
RXPATH
Legislative / Executive
Active: 1/23/2012 – current
641 PAPWORTH
METAIRIE, LOUISIANA 70005
FRENCH QUARTER BUSINESS LEAGUE
Legislative / Local
Active: 4/1/2014 – current
119 MULBERRY DRIVE
METAIRIE, LOUISIANA 70005

I attempted to obtain a comment from one of Young’s biggest clients, the Louisiana Beer Industry League. When I called the number, we had to navigate the usual menu. We were given options to dial different extension numbers to reach Executive Director John Williams, office representatives Nicole Patel and Toni Villa (titles unknown), and finally, Chris Young.

After punching the number for Young, I got several rings and then a voicemail for his extension number (no name). I called back three more times and in succession, punched the numbers for Williams, Patel and Villa. I got only Williams’ voice mail and with Patel’s number, I was routed back to the main menu so I then punched Villa’s number and, voila! She answered. After identifying myself and telling her who I was with, the conversation unfolded this way (my questions in italics; her answers in boldface type):

“I was calling for a comment on the indictment of Chris Young.”

“We have no comment at this time.”

“Is he still employed by the Beer League?”

“He is not an employee.”

“As of when?”

“He has never been an employee.”

“He’s not?” (I’m thinking of that menu option for Young’s telephone extension.)

“He’s a contractor.”

“Is he still under contract?”

“We have no comment.”

So all I got was he (a) is not an employee, he (b) is/was a contractor, but he (c) does/did have his own telephone extension at the Louisiana Beer Industry League.

In addition to his lobbying activities, Young also serves as  legal counsel for most, if not all, bars and restaurants coming before ATC for permits to sell alcohol.

One source told LouisianaVoice that after Hebert was named to succeed Murphy Painter as ATC Commissioner, “Young never showed his face at a hearing on permit requests.”

The source, a former ATC agent, said Young was required to appear at the ATC hearings to represent his clients during Painter’s tenure but when Hebert became commissioner, “everything was done behind closed doors.”

How did Young come to represent virtually all applicants for permits to sell alcohol?

Well, it’s easy when you have a close relative in the right place to help.

Chris Young’s sister, Judy Pontin, was installed by Hebert as a $71,000-a-year “Executive Management Officer” for ATC’s New Orleans office in November of 2013. As such, she is in a perfect position to help her brother.

ATC insiders told LouisianaVoice that when an establishment wants to apply for an alcohol permit, or whenever a business experiences problems with ATC, Pontin invariably refers them to Chris Young for legal representation.

We covered that angle back in February when we learned that Hebert intervened in an investigation by ATC agents into a fatal accident in which a man with a blood alcohol content of .307 percent (more than 3½ higher than the .08 percent legal definition of intoxication in Louisiana) and driving at a high rate of speed, struck two bicyclists, killing Nathan Crowson and severely injuring his riding companion, Daniel Morris.

Branch, who had a previous DWI conviction in 2006 and was given a six-month suspended sentence on that occasion, was convicted of vehicular homicide and first degree vehicular negligent injuring and sentenced to 7½ years in prison.

http://theadvocate.com/news/11878236-123/baton-rouge-man-joseph-branch

There remained the issue of whether or not The Bulldog, a bar where Branch had been drinking with two friends just before the accident, might be legally liable for continuing to serve Branch after it was evident that he was intoxicated.

Anytime there is an alcohol-related auto accident involving a fatality, the Louisiana Office of Alcohol and Tobacco Control (ATC) investigates whether or not the driver had been served alcohol after it was obvious he was intoxicated. Such customers are supposed to be eighty-sixed, or cut off from being served more alcohol.

The investigation, which would routinely require weeks upon weeks of interviews, document and video review and which normally produce written reports 30 to 40 pages in length, was unusually short in duration and produced a report of a single page.

One page that completely exonerated the bar of any violation.

http://www.wbrc.com/story/16903763/bar-cleared-in-fatal-crash

Initially, two ATC agents, neither of whom now work for the agency, began the investigation by requesting a video of the night in question to determine if Branch displayed any obvious signs of intoxication. They also asked owners of The Bulldog, located on Perkins Road in Baton Rouge, for certain other documents and information, including copies of any and all receipts of alcoholic beverages purchased by Branch.

When the bar initially refused to cooperate, the agents who customarily investigate such cases, obtained a subpoena and served it on the bar.

Enter ATC Commissioner Troy Hebert who, as it happens, is a declared candidate to succeed David Vitter in this year’s election for U.S. Senate.

In an unprecedented move, Hebert, who had zero experience as an investigator, decided he would be the lead investigator of the Bulldog.

What possible motive would Hebert have in rushing through an investigation and issuing a press release on Feb. 9 absolving the bar of any responsibility? Why would he instruct the lead agent on the case to limit his report to one page?

Why would Hebert watch the video footage for only a few seconds before proclaiming he “saw nothing” there? Why not watch the entire video to see if Branch did, in fact, appear intoxicated?

Even more curious, why would Hebert instruct that same agent to return to The Bulldog and retrieve the subpoena the agent had served on the establishment for video and records, thus freeing the bar of any responsibility to turn over key records?

Is it possible that the answer to each of these questions can consist of two words?

Might those two words be Chris Young?

Chris Young was the legal counsel for The Bulldog prior to and throughout the ATC investigation. https://louisianavoice.com/2016/02/10/why-did-atc-commissioner-troy-hebert-intervene-as-lead-investigator-in-fatal-accident-was-it-to-protect-bar-owner/

Baton Rouge television station WAFB said in its online story about the Young pornography indictment that the case “is being investigated by the FBI.” http://www.wafb.com/story/31961141/baton-rouge-attorney-indicted-for-allegedly-distributing-bestiality-porn

LouisianaVoice said in January that the FBI was investigating Hebert for claims that he used his office to extort sex from a female restaurant manager in New Orleans in exchange for fixing her licensing problems. https://louisianavoice.com/2016/01/26/fbi-said-investigating-troy-hebert-for-using-office-to-extort-sex-from-woman-in-exchange-for-fixing-licensing-problems/

All of which leaves two unanswered questions:

  • Are we talking about two separate FBI investigations or is there only one and the Young indictment only the first of more to come?
  • Was Young indicted in order bring pressure upon him to implicate others further up the food chain?

Only time will provide the answers to those questions.

But one thing is for certain: If Hebert were a serious candidate for U.S. Senate, with even a ghost of a chance for election, you can bet his opponents in this fall’s election would be in a scramble mode today for records, reports and witnesses—anything to tie Hebert to this latest sordid affair, considering his close association with Young.

But in all likelihood, none of the candidates feel that sense of urgency.

 

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A Shreveport dentist found guilty by the same individuals on the Louisiana State Board of Dentistry who investigated and prosecuted him (accuser, prosecutor and judge—all in a neat little package) has written a letter to Attorney General Jeff Landry questioning the propriety of the state’s defending a private investigator formerly under contract to the board but who may not have carried errors and omission insurance normally required of companies and individuals contracted with the state.

Here is the text of the letter to Landry by C. Ryan Haygood, DDS:

             I wanted to bring your attention to the illegal conduct of the Louisiana State Board of Dentistry and its agents that are currently being defended in multiple Louisiana State and federal courts by your office.

            Multiple dentists asked Buddy Caldwell’s office to investigate the egregious conduct of the LSBD and its agents over the years, but were ignored. However, Caldwell did choose to have his office defend their members and agents when they were sued for malicious conduct. Your office is currently representing Camp Morrison, Dana Glorioso, Karen Moorhead, and Barry Ogden. The board of dentistry had the legislature change the law after the suit was filed to cover the defense of Morrison, Glorioso, and Moorhead.

            Morrison was a state contracted investigator for the board of dentistry who was required (but failed) to have his own insurance coverage; and the other two, Moorhead and Glorioso, were his independent contractors. None of them were ever state employees. All are now claiming coverage through the FARA insurance program designated for state employees. All claim attorney-client privilege with your office, which is providing them with a legal defense through Barbara Melton with The Faircloth Group.

            Morrison is currently under investigation by the State Inspector General’s office and is expected to be criminally charged for fraud, perjury, and billing fraud to the state. Many dentists complained for years about his criminal acts, extortion, and harassment techniques. The other two worked for him as undercover investigators without a license, which is a criminal act under Louisiana law. Karen Moorhead also perjured herself under oath.

            It is my understanding that the Attorney General’s office cannot, by statute, defend someone who has broken the law. As you might imagine, Buddy Caldwell’s office did no due diligence into the matter before it was quickly passed off to his friends at The Faircloth Group. According to one former board member, Faircloth has billed more than $500,000 for their defense.

            Additionally, your office recently undertook the defense of Sam Trinca, Dean Manning, and James Moreau who are members of the board of dentistry, as well as the board of dentistry itself which were all recently named as defendants. It is probable that at least two of these defendants have perjured themselves in relation to this matter. Furthermore, the board of dentistry recently bragged in their August 2015 board meeting that because they were officially named as defendants in this case, they would be saving money since the state would be undertaking their costs of defense. Once again, I don’t believe your office was ever charged with defending criminal conduct in such matters. I ask your office to please examine this role as their attorney.

            There was a definite problem with risk management system under Caldwell who worked overtime to keep this case alive. Instead of working to fix the problem so that the state isn’t paying multiple claims for numerous dentists in the future, Caldwell acted as an enabler for improper and unlawful conduct. I ask you to please investigate this matter personally and make a determination to not continue defending this crew. I think if you look at the record, you’ll be as appalled as I am.

Edwards asked to replace LSBD members

At the same time, LouisianaVoice has learned that Gov. John Bel Edwards recently surprised some observers by replacing several longtime members of the Auctioneer Licensing Board after learning of that board’s questionable acts and egregious behavior.

84-year-old Widow Files Pro Se Lawsuit Against Auctioneer Licensing Board over sale of her residence, rental property

Some dentists, our source said, are now calling on Edwards to do the same for the Louisiana State Board of Dentistry (LSBD), which some, especially dentists, consider one of the most corrupt boards in Louisiana.

Multiple state agencies are currently examining the smoke coming from the Canal Street offices of LSBD. The board is currently being investigated by the Office of the Inspector General, the Attorney General, and the Legislative Auditor pursuant to complaints of corrupt acts and behavior.

In case Governor Edwards needs suggestions on whom to replace first, our source had a couple of suggestions:

  • Dean Manning is currently being sued along with other former board members, staff, and agents for his role in a board hearing in which a Louisiana dentist alleges the board participated in criminal conspiracy and unfair trade practices against him by revoking his license to practice in Louisiana. The Louisiana 4th Circuit Court of Appeals overturned the board’s decision on grounds that the board general counsel Brian Begue, serving as the “independent counsel,” violated the dentist’s right to due process. The court notes among other things that Begue acted over-zealously to deny the right to a fair hearing by harassing the dentist, openly questioning his integrity on the stand, acting as a de facto prosecutor, as well as judge and jury. Manning did nothing to stop Begue from doing this. In fact, the dentist alleges that Manning actually encouraged the process. In reference to the hearing, a Louisiana 2nd Circuit decision suggests the potential of a corrupted investigation and a strong inference that other members of the board engaged in conduct attributed to the dentist’s local competitor to remove the dentist from the local marketplace. The court goes on to say that if these allegations regarding Dies’ behavior are ultimately proved, “they would strongly suggest that Dr. Dies’ conduct was motivated less by altruistic concern for the public than animus to suppress a competitor. They would also prove that other board members agreed with Dr. Dies to engage in conduct to accomplish these objectives.”
  • Ike House was placed on the board of dentistry after he testified as a witness in the same hearing listed above. House testified that one of his long-time patients did not have periodontal disease. The dentist charged by the board for “fraudulent diagnosis of periodontal disease” claims the patient did indeed have a severe level of periodontal disease that was causing loss of bone and periodontal attachment around her teeth. The patient saw the dentist after leaving House’s office for care with the new doctor. She was surprised to hear that she had a severe level of disease and that Dr. House had let her mouth deteriorate under his care. Dr. House was faced with the precarious position of admitting that he was guilty of negligence or testifying against the dentist.

LSBD members need to be well-informed, fair, and just. Most of all, they need to put the law and protecting the public over their own self-interests or that of their friends. It’s time to make some changes at the LSBD.

You have our suggestions on where to start.

Louisiana must do better.

Oh…and let’s replace the director and staff while we’re at it. There should be many great candidates in Baton Rouge from which to choose when the board moves its headquarters to the Capital City.

 

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How would a public official, say a parish president, manage to skirt the Louisiana public records laws and ignore votes of the parish council and get away with it?

Well, if you’re Plaquemines Parish President Billy Nungesser, and if you had 18 writs of mandamus pending against you for non-compliance, you would simply ride out the storm until your newly-elected, hand-picked council takes office and have a friendly council member move to rescind any pending adverse action.

That’s precisely what Nungesser did in late 2010. He blatantly ignored the law and waited out his adversaries. And it apparently worked.

No wonder he thought he could do an end run around Gov. John Bel Edwards by conspiring with State Republican Party Chairman Roger Villere in that completely embarrassing Iraqiscam-super tanker-proposal-to-cure-Louisiana-of-its-fiscal-problems that left him—and Villere—with a little something more disgusting than egg all over their faces.

With ample evidence of his contempt for the law prior to becoming lieutenant governor and his willing violation of protocol since becoming the second-highest elected official in the state, can there be any reasonable expectation of significant change in his conspiring makeup during the rest of what is almost certain to be a single term.

Probably not. He is what he is: an underhanded politician fully capable of any action, legal or otherwise, that will enhance the career and burnish the public image of William Harold “Billy” Nungesser.

He is Bobby Jindal without the charm. He is Chris Christie without the finesse. He is Scott Walker, Rick Scott, and Sam Brownback rolled into one, but without their compassion. In short, he is Billy Nungesser, yet another electoral accident visited upon unsuspecting—or uncaring—Louisiana voters, a man worthy of the scorn of Public Service Commissioner Foster Campbell before it was cool to be scornful of the man. But that’s a story for another day and it will have to wait.

Right now there is his record as Plaquemines Parish President—a job he won by a large majority, by the way—that begs closer examination as a clue into what we expect of him as lieutenant governor, a peek already provided by that ridiculous Iraqi oil tanker scam blunder.

Actually, Nungesser’s defiance of the parish council began way back on July 23, 2009, when the council voted to direct the council attorney to enforce a parish ordinance by “shutting down the operations of all unpermitted borrow pits located within the parish.” That was followed on Dec. 10, 2009, by a council resolution to authorize and direct the council attorney “to take any and all legal action, including but not limited to the filing for injunctive relief and/or mandamus” to obtain and examine “all transactions (including but not limited to any and all construction contracts, capital projects, professional contracts, cooperative endeavor agreements and intergovernmental agreements) entered into by and all expenditures incurred by the parish through the office of the Parish Presidents (or any of its departments or agencies) since January 1, 2007.”

Res 09-253 Mandamus-borrow pits, seal, parish decal

Res 09-533 any and all legal action by Council Attorney or Designee

A writ of mandamus is Latin for “we order” and is defined as a writ which “orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.” http://dictionary.law.com/Default.aspx?selected=1203

Each of the 16 subsequent similar actions by the council were taken in 2010 in the months leading up and immediately following the October 2, 2010, elections for parish council and parish president.

Seven of the 18 resolutions passed by the council were for the purpose of forcing Nungesser to comply with public records requests.

Besides the 2009 resolutions cited above, subsequent resolutions passed by the Plaquemines Parish Council during 2010 directing:

May 27—Nungesser to turn over copies of any “and all contracts, cooperative endeavor agreements or memos of understanding…from April 15, 2010, related to the effects of the Deep Water Horizon Incident, through the effective date of the resolution…” and a second calling for Nungesser to submit to the council copies of “any and all contracts, financial records, cooperative endeavor agreements or memos of understanding…from January 1, 2007 through the date of the resolution.

Res 10-199 All contracts etc from Pres since 4-15-10

Res 10-198 All contracts etc from Pres since 1-1-07

July 8—Nungesser to sign all revenue bonds approved by the council on Feb. 11, 2010, in the amount of $18 million. Res 10-251 Directing Pres to sign $18M bond documents or Mandamus filed

July 22—Nungesser to produce documents “previously requested by the…council Audit Committee and the parish council pursuant to” one of the May 27 resolutions “to compel him to produce any and all documents pertaining to all of the Federal Emergency Management Agency (FEMA) expenditures.

Res 10-273 Mandamus for records requests

August 12—The council’s legal department to initiate legal proceedings if necessary in order to obtain a copy of the agreement for council fiscal agent from June 1, 2008, through May 31, 2010 pursuant to the council’s first request for the document made on June 29, 2010. Res 10-294 Fiscal Agent PRR

October 28—The council’s legal department to initiate legal action to compel Nungesser “to enter into and execute a purchase agreement with two realty companies for six acres to be used for a recreation park, athletic fields, walking track and picnic area pursuant to the council’s approval of the purchase on June 26, 2008. Res 10-463 Resol mandamus to execute purchase agree with White Oak

November 11—The council’s legal department to initiate legal action to compel Nungesser “to assist with and finalize all plans for design and engineering as needed for the raising of an East Bank levee; the council’s legal department to initiate legal proceedings to compel Nungesser to honor a contract with a New Orleans law firm and to issue payment for services rendered by firm attorney Robert Barnett; the council’s legal department to take legal action to force Nungesser to transfer $3 million in funds to a parish levee project; Nungesser to provide “any and all documents, pleadings, emails, facsimiles, correspondence, letters, memorandums, interoffice documentation and intra-office documentation generated by Stephen Braud” as an attorney for the parish from Jan. 1, 2010, to date of the resolution.

Res 10-486 Mandmaus to assist with plans for raising EB levee

Res 10-485 Res No. 10-485 authorizing Mandamaus to pay Guste, Barnett

Res 10-482 mandamus transfer LRA EB Consolidated Complex Project to EB Non Fede

Res 10-481 Braud Pub Rec Request and mandamus

December 9—Nungesser to provide “any and all project worksheets, contracts, agreements, memoranda of understanding, etc., relative to FEMA funding executed by Nungesser” from Jan. 1, 2007, to the date of the resolution; Nungesser to provide a copy of “any and all professional services contracts” between the parish and All South Consulting Engineers from Jan. 1, 2007, to the date of the resolution; the parish legal counsel to initiate against Nungesser in order to force him to begin a resurfacing/striping project on LA. 15; the council legal department to initiate legal proceedings to compel Nungesser to remove “all movables” from the Ft. Jackson Port. Res 10-512 directing pres to submit all documents for FEMA funding from 1-1-07

Res 10-511 Mandamus directing pres to submit all contracts with AllSouth from 1-1-07

Res 10-514 Authorize Council legal dept to file mandamus to resurface hwy 15

Res 10-520 Ft Jackson Port MSRC Building-file Mandamus

December 31—Nungesser to enter into a contract with Deep South Associates; Nungesser to sign “any and all documents” with Fenstermaker & Associates for the engineering and the hiring of a surveyor to identify parish right of way and levee footprint for a levee lift in the parish.

Res 10-521 rober’t draft Deep South Associates

Res 10-524 Fenster Maker

Failure by Nungesser to comply with council actions regarding infrastructure work and contracts, provided such action was legal, could conceivably have been construed as malfeasance.

But the question of what is and what is not considered public record is clearly defined in L.S. 44:1 et seq. LOUISIANA PUBLIC RECORDS ACT

So what did Nungesser do?

Nothing, absolutely nothing—except perhaps to conspire with allies on the council to let the clock run until new members on the council would give him a majority to do as he pleased, including having the 18 resolutions rescinded.

And that’s precisely what happened.

Consider an email from Stuart Guey, Jr., a council member firmly entrenched in Nungesser’s camp. The email, written on April 8, 2011, was written to Assistant Parish Attorney Michael Mullin and copied to other council members, including Nungesser, said:

“I received a letter from (retired Baton Rouge State District Judge) Frank Foil regarding his appointment as ad hoc judge on the remaining Mandamus suits. It would be wonderful if the suits all can be resolved. I asked that resolutions be prepared for introduction to dismiss all writs but all Council members will have to know that the requested information has been compiled and where to view the information before it would be voted upon. I understand all the requested information may be on a disc that can be sent to everyone. If the information, in any format, is not provided to all Council members in a timely manner we will have to solicit legal counsel and proceed with the litigation. I hope this can be prevented. Please let me know what can be done.”

And, of course, once the resolutions to dismiss were put to a council vote, the writs conveniently went away.

Such is the type of ruthless control Nungesser exercised in Plaquemines Parish—somewhat reminiscent to the way old Leander Perez once reigned supreme in Plaquemines.

But such tactics aren’t going to fly in Baton Rouge.

LouisianaVoice currently has public records requests pending with Nungesser’s office and we aren’t going to wait much longer for a response. We requested—and received—his appointment calendar since taking office but we have yet to receive a response of any description on our requests for emails and other correspondence.

Nungesser may think that he’s omnipotent and that a little ol’ pissant writer out in Denham Springs doesn’t have a chance against the clout of the lieutenant governor’s and the Louisiana Attorney General’s offices, should the latter be called in to defend him.

But we have taken the state to court on three occasions over the non-production of public records and we will not hesitate to do so again. That’s because we have that one very important thing on our side: the Louisiana Constitution and we aren’t afraid to smack Nungesser upside the head with it.

And if we do, there won’t be a Plaquemines Parish Council to bail him out.

 

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