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Archive for the ‘Corruption’ Category

LouisianaVoice is 5 and we’ve learned we’ve failed to hold officials to high standards; we deserve government we get

Posted in Corruption, Elections, Ethics, Governor's Office, Legislature, Legislators, Lobbyist, ORM, Office of Risk Management, PACs, Politicians, Privatization on March 29, 2016| 20 Comments »

LouisianaVoice is having a birthday. We are now five years old.

The onset of Bobby Jindal’s privatization crusade (employees of the Office of Risk Management were the first casualties) in 2011 was the defining moment that gave birth to this blog.

In the ensuing quinquennium, we have logged 1.5 million words, not counting the upcoming book Bobby Jindal: His Destiny and Obsession, which will be available in mid-April. We have made several elected officials and appointed officials angry and uncomfortable—angry and uncomfortable because in the past, they had been unaccustomed to having to account for their actions.

No agency has been exempt from scrutiny, from the governor’s office to various state agencies, boards and commissions, and sheriffs’ offices.

Along the way, our efforts were recognized by the Washington Post which, in 2014, named LouisianaVoice and Bob Mann’s Something Like the Truth as two of the top 100 political blogs in the nation.

But after all is said and done, we have an admission to make.

We should never have been necessary but sadly, we were and we are.

Like it or not, we get the kind of government we deserve. We have the power of the ballot but when only 40 percent of voters exercise that right, what does that tell us about our state, our country? And when that 40 percent responds by marching like so many robots into the voting booths to obediently choose who the lobbyists, PACs, the blaring TV ads and slick campaign mailers tell us without so much as an whimper of protest or an independent thought as to the actual merit of those for whom we are voting, then we have abdicated our right to expect good government.

That’s also why we are faced with dreadful choices in this year’s presidential fiasco. Contrary to most pundits, it’s not voter anger that has created the current political atmosphere.

It’s voter apathy and just take a look who those who have stepped into the leadership void to proclaim themselves as the protectors of democracy. And we did it to ourselves on a national level just as we did it to ourselves on the state level first in 2007 and again in 2011.

And don’t for a moment think this is limited to Bobby Jindal. He had enablers. They called themselves legislators. With few exceptions, we call them leeches.

Try this: Attend any House or Senate committee meeting and watch the members of the committee as witnesses testify. If more than two or three members are actually listening, I’ll eat my Louisiana Tech baseball cap. They’re sitting up there, elevated above the audience, laughing and talking, leaving the hearing room to take a call or get a cup of coffee—just going through the motions of hearing public concerns.

We (and this is a collective “we,” as in just about every citizen in this state) have done a lousy job of holding our elected officials to a high standard of ethical behavior.

And as they say, the sewage flows downhill because those elected officials in turn have failed just as miserably in holding their subordinates to any kind of standards at all.

And we have no one to blame but ourselves.

At first, it came as something of a surprise to learn that two members of the State Police Commission and eight members of the Board of Dentistry had never taken the annual one-hour online ethics course required by law of every public servant, elected or appointed, salaried or not.

It’s not as though they can claim ignorance. They are told of the requirements and they each sign an oath of office.

Franklin Kyle Oath of Office

Freddie Pitcher Oath of Office

William Goldring Oath of Office

Nor have six members of the Louisiana State Board of Medical Examiners (LSBME) bothered to take the simple one-hour course, according to records provided by the State Board of Ethics. They include Drs. Michael Burdine, Kenneth Farris, Kweli Amusa, Joseph Busby, Roderick Clark, and former Board President Mark Henry Dawson who said LouisianaVoice was being “played for a fool” by plaintiffs in a lawsuit against the board.

Informed of the Board of Medical Examiners members who have not taken the course, one reader said, “As a physician, if I didn’t complete my required 40 hours of CME for the previous year, the LABME would not allow me to renew my medical license. Shouldn’t the members of the LSBME be held to the same standards they hold us to? And if they profess ‘ignorance’ on this matter, shouldn’t that be even more of a reason to have them removed?”

But wait. There’s more.

Also failing to take the course are Auctioneer’s Licensing Board Chairman Tessa Steinkamp, Secretary-Treasurer Darlene Levy, and licensing board legal counsel Larry Bankston.

And you also get recently retired (following a State Police “investigation” that cleared him of any wrongdoing) Angola Warden Burl Cain. http://theadvocate.com/news/15271102-172/former-angola-warden-burl-cain-cleared-of-misconduct-allegations-reports-say

Those having contracts with the state also are required to take the online ethics training.

Wade Shows, senior partner of Shows, Cali, & Walsh, a Baton Rouge firm with more than $3.4 million in contracts, has never taken the course and another attorney who has profited greatly from contracts with the Jindal administration, Jimmy Faircloth, took the course in 2012, but has not taken it since.

It should be pointed out that physicians and attorneys are required to take their own ethics courses provided by their professions.

But that does not change the fact that the State of Louisiana since 2012 has required that all public servants (elected officials, appointed officials, board and commission members, and contractors) take the on-line, one-hour course on an annual basis.

From time to time, we will be taking looks at other officials and state contractors to check for compliance with the requirement.

It may seem like a small thing but it becomes a very big thing when these people are not held to the same standards that rank and file state employees must meet.

We have not held the politically powerful accountable and they have not held those answerable to them accountable.

But most of all, we have not held ourselves accountable.

 

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On heels of possible ouster of three State Police Commission members, it’s learned required online ethics course ignored

Posted in Campaign Contributions, Corruption, Elections, Ethics, Governor's Office, Politicians, State Police, Uncategorized on March 27, 2016| 9 Comments »

ETHICS DILEMMA

(CLICK ON IMAGE TO ENLARGE)

The “investigation” by the State Police Commission of political contributions funneled by the Louisiana State Troopers Association (LSTA) through its executive director has taken a most interesting twist. And suffice it to say that the folks over at LSTA aren’t raising their champagne glasses in a celebratory toast.

Remember our story of March 10 that revealed multiple political contributions by three commission members, their wives and business interests? https://louisianavoice.com/2016/03/10/state-police-commission-members-probing-lsta-appear-to-have-committed-similar-campaign-contribution-violations/

Well, that bit of information has resulted in the probability that three commission members will be told that they must resign or be removed by Gov. John Bel Edwards, according to a story by Baton Rouge Advocate reporter Maya Lau. http://theadvocate.com/news/15297801-173/three-members-of-louisiana-state-police-commission-may-be-ousted-over-campaign-contribution-issue

In addition, LouisianaVoice has learned that two of the three have never complied with State Ethics Board requirements that they complete an annual one-hour ETHICS course. That information comes on the heels of a similar story that several members of the State Board of Dentistry had never taken the ethics training. https://louisianavoice.com/2016/03/25/dentistry-board-members-fail-to-take-required-state-ethics-training-board-policy-attracts-unwanted-attention-of-ada/

Debora Grier, Executive Secretary of the Louisiana Board of Ethics, said ethics training became a requirement for employees, contractors and board and commission members in 2012. Section VII of the Louisiana Code of Governmental Ethics says, “Each public servant shall receive a minimum of one hour of education and training on the Code of Ethics during each year of his public employment or term of office.”

A public employee “means anyone, whether compensated or not, who is…appointed by elected official to a position to serve the government or government agency” or who is “engaged in the performance of a governmental function.”

The one-hour training consists of an online course accessed through the Ethics Board’s Web page and the Web page also keeps records of those who have taken the course in a timely manner and there is where the three members of the State Police Commission appear to have a problem in addition to the one involving their political contributions.

Commission Chairman Franklin Kyle of Mandeville, appointed in 2013, and William Goldring of New Orleans have never taken the required training, according to Ethics Board records. The third member, former appellate court judge Freddie Pitcher of Baton Rouge, who has already indicated he will step down, took the online course in 2013 and 2014 but failed to do so in 2015. He and Goldring were appointed to the commission in 2010.

Commission member Thomas Doss, appointed last year, has taken the 2015 course but Donald Breaux, appointed in 2014, and Calvin Braxton, appointed in 2015, have not. Commission Vice-Chair Lloyd Grafton of Ruston, appointed in 2013, took the training that year and in 2014 but did not in 2015, records reflect. Neither of those four members has made any campaign contributions.

LouisianaVoice has also learned that Kyle and Goldring were also active in making political contributions at the federal level.

 http://www.campaignmoney.com/finance.asp?type=in&cycle=10&criteria=Kyle&fname=franklin

http://www.campaignmoney.com/finance.asp?type=in&cycle=12&criteria=Kyle&fname=franklin

http://www.campaignmoney.com/political/contributions/william-goldring.asp?cycle=16

Even as news of the likely exit of the three members was learned, the commission has hired Natchitoches attorney Taylor Townsend to lead the investigation into why the LSTA board allowed Executive Director David T. Young to give more than $45,000 to various political campaigns and to be reimbursed for “expenses.”  https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

That procedure was a major sticking point at the commission’s February meeting when member Calvin Braxton Sr. objected to approval of the January minutes because the minutes did not accurately reflect much of the discussion at that January meeting.

The key point, which was eventually incorporated into revised minutes, involved an exchange between LSTA attorney Floyd Falcon and commission vice chairman Lloyd Grafton of Ruston. In that exchange, Grafton said, “It (the method of making the contributions) almost makes me think there was something suspect here because of the check writing.”

http://theadvocate.com/news/14849801-128/state-commission-to-see-if-state-troopers-okd-money-for-political-candidates-including-gov-edwards

As an aside, there is no record of Falcon, who accused LouisianaVoice of being a “common complainer,” having ever taken the Ethic Board’s online ethics training.

Civil service employees and state troopers are prohibited from engaging in political activity, including making political contributions to candidates. In the LSTA case, the Code of Governmental Ethics, Section VIII of R.S. 18:1505.2(B) also 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

The commission, the State Police equivalent to the State Civil Service Board, is charged with investigating wrongdoing on the part of state troopers but has no jurisdiction over the LTSA, a private organization.

Commission Chairman Franklin Kyle of Mandeville said on March 3 that a rule to show cause was issued to two retirees who have openly challenged the contributions “to produce the names of Louisiana State Troopers who allegedly violated State Police Commission rules in addition to any evidence they have that supports the allegations. Those gentlemen have until March 18, 2016, to do so, and additional subpoenas may be issued for any additional evidence that will assist the investigation. Upon receipt of sufficient evidence, a public hearing will be scheduled. There will be more information at the April meeting of the (commission), as well as subsequent meetings, until this investigation is completed.”

Kyle was putting the onus on two retired state troopers to come up with the names of LSTA members who may have initiated the contributions, a responsibility that would seem to be the job of the commission as an investigative board. The retirees have sought records from LSTA and their efforts have been thwarted at every turn, yet Kyle charged them with procuring the evidence need to conduct the investigation.

That apparently is not the way the administration wanted things done and the solution was quick in coming.

The attorney who had been spearheading the “investigation” was relieved of that responsibility and Townsend brought in. Townsend, a Democrat, is the nephew of former State Senator Donald G. Kelly and served as a state representative in his own right from 2000 to 2008.

He did not seek a third term but instead chose to run for an open state Senate seat formerly held by Kelly from 1976-1996. In something of an upset, he was defeated by Gerald Long (R-Natchitoches).

On March 10, LouisianaVoice revealed that Kyle and fellow commission members Freddie Pitcher, William Goldring, the wives of Kyle and Goldring and one of Goldring’s companies (Magnolia Marketing) had been active in making their own political contributions during their time of service on the commission.

We noted at that time that it would be interesting to see how the investigation of LSTA contributions would be handled in light of their own participation in political activity. We asked if they might recuse themselves, leaving the investigation to the four remaining board members.

Now that question has been answered. They will not be asked to recuse themselves, but may be asked to resign from the commission altogether.

 

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Dentistry Board members fail to take required state ethics training; board policy attracts unwanted attention of ADA

Posted in Boards, Corruption, Ethics, Finances, Public Records on March 25, 2016| 7 Comments »

Even as the Office of Inspector General conducts its ongoing investigation of the Louisiana State Board of Dentistry, the board’s unorthodox practices have come to the attention of the American Dental Association (ADA) and the American Dental Education Association (ADEA).

At the same time, LouisianaVoice has learned that all but two members of the Board of Dentistry, including its executive director, may also have a problem with state ethics.

LouisianaVoice learned last Tuesday (March 21) that the Office of Inspector General was conducting an investigation into substantial fines levied against dentists for minor offenses. https://louisianavoice.com/2016/03/21/louisianavoice-learns-of-simultaneous-federal-and-state-investigations-of-lsta-la-state-board-of-dentistry/

On Friday, we obtained a copy of a Feb. 26, 2016, LETTER letter from the two national associations to State Dentistry Board President Dr. Russell Mayer of Hammond. The letter expressed a “high level of concern” of the ADA, its Licensure Task Force, the Council on Dental Education and Licensure, and the American Dental Education Association (ADEA).

The upshot of the letter appears to be a subtle message for the Louisiana board to cease in its efforts to bar competition from out-of-state dentists.

That concern is “with regard to the status of licensure for dentists in the U.S., particularly for dentists attempting to relocate to other states. The letter said that the Louisiana board engages “in conduct that restricts, rather enhances, that portability.”

The three-page letter was signed by Carol Gomez Summerhays, ADA President; Gary L. Roberts, President-elect; Gary E. Jeffers, Chair, ADA Licensure Task Force; Daniel J. Gesek, Jr., Chair, Council on Dental Education and Licensure; Huw F. Thomas, Dean of Tufts University’s School of Dental Medicine and Chair of the ADEA Board of Directors; Cecile A. Feldman, Dean of Dental Medicine, Rutgers University, Chair-elect of the ADEA Board of Directors, and Lily T. Garcia, University of Iowa College of Dentistry Associate Dean for Education and Immediate Past Chair of the ADEA Board of Directors.

The ADEA Allied Dental Program Directors’ Conference is scheduled to be held in New Orleans June 4-7, which makes the timing of the letter especially significant.

In addition to Dr. Mayer, copies of the letter were sent to Arthur Hickham, Jr., Executive Director of the State Board of Dentistry; Dr. Henry Gremillion, Dean, LSU School of Dentistry; Dr. L. King Scott, President of the Louisiana Dental Association; Ward Blackwell, Executive Director, Louisiana Dental Association; Dr. Raymond A. Cohlmia, 12th District ADA Trustee; Dr. Kathleen O’Loughlin, ADA Executive Director and Chief Operating Officer, and Dr. Richard Valachovic, ADEA President and CEO.

The letter pointed out that there are five clinical test administration agencies for dentistry:

  • The Commission on Dental Competency Assessments;
  • Central Regional Dental Testing Service, Inc.;
  • Council of Interstate Testing Agencies, Inc.;
  • The Southern Regional Testing Agency, Inc.;
  • The Western Regional Examining Board.

“The ADA…has come to the conclusion that these examinations adhere to a common set of core design and content requirements that renders them conceptually comparable,” the letter said. “It has been a longstanding policy of the ADA that it represents unnecessary and meaningless duplication to require a candidate seeking licensure in different states to demonstrate his or her theoretical knowledge and clinical skill on separate examinations for each jurisdiction, especially when it is clear that the core requirements, administration, and outcomes are virtually indistinguishable between each examination,” it said.

“It is our understanding that your state affirmatively elects not to accept the examination results from all of these test administration agencies. The decision of your board… to accept the test results of only a select number of clinical test administration agencies appears highly arbitrary. Moreover, those decisions have an arguably anticompetitive effect in restricting the mobility of dentists wishing to move from one state to another.”

“…We respectfully request that your board pursue the necessary steps to accept successful completion of all of the clinical test administration agency examinations for dental licensure in your state,” the letter said. “Recognizing that the dental board’s primary mission is protecting the public in your state, we believe that the board has the authority and autonomy to pursue this change. It will increase portability of dental professionals and access to quality dental care for patients.”

The letter is in addition to the controversy swirling around the board’s policy of forcing dentists to pay the costs of investigating them in addition to absurd monetary penalties that can run into six figures.

The most outrageous example is the board’s forcing a surgeon into bankruptcy because the oral surgeon, who “never filled a tooth, made a denture, made a crown, cleaned teeth, restored a tooth, or anything that anyone would consider a dental practice, did not have an anesthesia permit from the board.

The doctor, Randal Wilk, whose patients were mostly cancer victims, was told by the board that he could sign a consent decree and pay the board $5,000 and the matter would be resolved. When Wilk refused to pay the $5,000, he was told the board could levy fines of more than $100,000—a tactic that can be considered nothing other than extortion.

But a regulation that had been in place since 2012 could be the eventual undoing of board members.

Debora Grier, Executive Secretary of the Louisiana Board of Ethics, said ethics training became a requirement for employees, contractors and board and commission members. Section VII of the Louisiana Code of Governmental Ethics says, “Each public servant shall receive a minimum of one hour of education and training on the Code of Ethics during each year of his public employment or term of office.”

A public employee “means anyone, whether compensated or not, who is…appointed by elected official to a position to serve the government or government agency” or who is “engaged in the performance of a governmental function.”

The one-hour training consists of an online course accessed through the Ethics Board’s Web page and the Web page also keeps records of those who have taken the course in a timely manner and there is where several board members appear to have a real problem.

Beginning with former board investigator Camp Morrison who was paid hundreds of thousands of dollars for drumming up charges against dentists, never took a single ethics course.

Others either on the board or employed by the board for whom there is no record of their ever having taken the ethics course as required include Dr. Isaac House of Haughton, Dr. Leonard Breda, III, of Lake Charles, Board Vice President Dr. Claudia Cavallino of Metairie, Dr. Mohammad Zadeh of Chalmette, Dr. James Hargrove of Baton Rouge, and Dr. Robert Foret of Thibodaux.

Moreover, there were several others who have taken the ethics training only one of the required years. Those include Dr. Wilton Guillory, Jr., of Alexandria (2014), Dr. Ronald Marks of Alexandria (2014), Dr. Jerome Smith of Lafayette (2013), Dr. Richard Willis of Monroe (2014), and the board’s Executive Director, Arthur Hickham (2014).

If that were not enough, Board President Dr. Russell Mayer of Hammond took the course in 2013 and 2014, but did not in 2015

So now we have a rogue board that:

  • Contracted with a private investigator whose sole responsibility was to hang some unsuspecting dentist out to dry for some obscure infraction;
  • Served as accuser, prosecutor, and judge in a special kangaroo court with the outcome of cases already predetermined;
  • Extorted backbreaking fines from dentists who balked at the lower fines by threatening to “find” other offenses;
  • Forced dentists to pay for the board’s and Camp’s investigations against them;
  • Maintained office suites in an expensive office building on Canal Street in the heart of the New Orleans Central Business District—and allowed non-state employee Morrison to enjoy a rent-free office in those suites.

And, while protecting the good citizens of Louisiana from those law breaking dentists who dared use lettering in their advertisements larger than the board permitted, somehow managed to look the other way as eight of its board members to neglect taking the required annual one-hour ethics course and six others, including its executive director to get by with taking the course only once.

Just another example of Louisiana politics at its finest, folks.

As our late friend C.B. Forgotston was so fond of saying, you can’t make this stuff up.

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Citizen input? We don’t need no stinkin’ citizen input. We have LABI, the chemical association and campaign cash

Posted in Budget, Business, Corruption, Ethics, Exemptions, Incentives, Finances, House, Senate, Legislature, Legislators, Lobbyist, Louisiana Purchase, Media, Politicians, Revenue, Taxes on March 18, 2016| 12 Comments »

Regular readers of this site know our disdain for the undue influence of lobbyists and special interests over lawmakers to the exclusion of the very voters who elected those same lawmakers to represent them and their best interests.

Our opposition to political decisions made with priority given to campaign contributions over what is best for the state is well-known—and uncompromising. Money should have no place—repeat, no place—in political decisions.

Unfortunately, we know that is not the case. Politicians for the most part, are basically prostitutes for campaign funds and those who choose to remain chaste usually find themselves at a serious disadvantage come election time.

To that end, you can probably look for State Rep. Jay Morris (R-Monroe) to attract strong opposition when he comes up for re-election in 2019. And that opposition, whoever it might be, is likely to have a campaign well-lubricated by the Louisiana Association of Business and Industry (LABI), the Louisiana Chemical Association, and the oil and gas industry.

At the risk of belaboring the obvious, we have gone on record on numerous occasions as saying the voters are merely pawns to be moved about at will by big business in general and the banks, pharmaceutical companies, Wall Street and oil companies in particular. It is their money that inundates us with mind-numbing political ads that invade our living rooms every election year telling us why Candidate A is superior to Candidate B because B voted this way or that way and besides, good old Candidate A has always had the welfare of voters uppermost in mind.

The presence of that influence was never more clearly illustrated than in Tyler Bridges’ insightful story in Friday’s Baton Rouge Advocate. http://theadvocate.com/news/15225624-78/la-legislative-staffers-sort-out-changes-added-at-the-last-minute

In the very first paragraph of his story, Bridges wrote that a secret deal between Senate President John Alario (R-Westwego), House Speaker Taylor Barras (R-New Iberia) and lobbyists for LABI and the Louisiana Chemical Association.

We won’t bother to re-hash the details of that meeting and the agreement finally reached just before the closing minutes of the recent special session. You can read the details in the link to the Bridges story that we provided above.

But suffice it to say had it not been for Morris digging his heels in and threatening to kill his own bill when he learned of a manufacturing tax break that had been added to his bill, HB 61 that aimed at eliminating exemptions and exclusions on numerous sales tax breaks. Though a Republican, Morris feels that big business isn’t paying its fair share of taxes.

“I was not aware of the deal,” Bridges quoted Morris as saying. “I was not invited.”

Neither, apparently, were any spokespersons for consumers, organized labor, teachers, or the citizens of Louisiana.

Oh, but you can bet LABI President Steve Waguespack was invited to a meeting in Alario’s office earlier in the day, as was Louisiana Chemical Association chief lobbyist Greg Bowser.

Given that, we would like to ask Sen. Alario and Rep Barras why no one representing the people were invited to that little conclave. And don’t try to tell us that the Senate President and House Speaker were representing the people. You were not. You were representing the vested interests of the chemical industry and big business. Period.

Sen. Alario, Rep. Barras: the people of Louisiana are far more deserving of a place at the table in some furtive backroom meeting than LABI and the chemical association.

Either all factions are invited in or no one is. The playing field should be level.

By not excluding lobbyists or by not inviting those on whose shoulders are placed the greatest burden, the ones who placed you in office, you have not just failed at your job; you have failed miserably.

Our late friend C.B. Forgotston would have said of the meeting which produced that secret deal: “You can’t make this stuff up.”

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Like Dental Board, LSBME survives on licensing fees, incentive for fining doctors for perceived violations

Posted in Boards, Corruption, Ethics, Finances, Lawsuits, Public Records, Revenue on March 18, 2016| 8 Comments »

First it was the State Dental Board exposed by LouisianaVoice as serving in the multiple capacity of prosecutor, judge and jury in investigating complaints against dentists, filing charges and then judging on their guilt or innocence. https://louisianavoice.com/2014/03/07/state-board-employs-intimidation-harassment-to-generate-funds-to-pay-for-lucrative-contracts-worth-millions-of-dollars/

Then there was the Auctioneer Licensing Board and the manner in which it failed to defend an 84-year-old widow against a case of shill bidding (efforts to drive prices up by a  plant) or to protect her from unscrupulous actions by an auctioneer.

Now we have another board, the Louisiana State Board of Medical Examiners (LSBME) which, through its executive director, is being accused of tactics similar to those of the dental board. The result has been a spate of lawsuits, ethics complaints, and court hearings, all revolving around charges brought against a Baton Rouge doctor and encouraged, he says, by his competitor who sits on the board that brought the charges against him.

The one common thread running through each of the regulatory boards is that they receive no state funding. And with the dental and medical examiners boards, at least, there are expenses: staff, including attorneys, investigators and executive directors, and rent of nice, upscale offices in New Orleans central business district.

The lack of state funding coupled with the aforementioned high costs means the boards must necessarily generate funding—lots of it—through licensing fees and disciplinary actions against dentists and physicians. No dentist or physician in the state wants make waves because the boards literally hold the fate of their livelihoods, indeed their licenses to practice, in their hands.

In the legal profession, rainmakers are those within a firm who generate business by enlisting well-heeled clients who can afford expensive legal representation. Legal fees, after all, are the lifeblood of a law firm and the bigger the firm, the greater the pressure to bring clients through the door.

Taking the comparisons between the dental and the medical examiners board even further, the board acts in the capacity of investigator, accuser, and judge in disciplinary cases and, again like its counterpart, depends to a certain extent on penalties imposed on doctors for its operating revenue. Consequently, there is an undeniable incentive to generate revenue to ensure the boards’ survival.

So when it comes down to adding needed revenue to the coffers, it matters little whether the dentist or physician is guilty; if the need for revenue is present, as it usually is, then the boards, to paraphrase British politician and businessman Sir Eric Campbell-Geddes, “will squeeze the lemon until the pips squeak.” https://richardlangworth.com/pips

LouisianaVoice has previously documented strong-arm tactics by the Louisiana State Board of Dentistry whereby a dentist may first be assessed a modest fine for some supposed transgression. Should the dentist resist, he may quickly learn that that modest fine of a few thousand dollars somehow has run into six figures because he is also assessed the costs of the investigation of his practice—and because the board can. https://louisianavoice.com/2015/04/16/13976/

Sitting members of the dental board are allowed to initiate charges against a competing dentist in the same town—and often do just that.

And while physicians may not actually initiate charges against one of their peers, LouisianaVoice has learned that a board member who was a direct competitor with a doctor under investigation may have participated in the investigation, board discussions and votes affecting his competitor.

Baton Rouge pain management physician Dr. Michael Burdine, an LSBME member, has emerged as a key figure in the board’s investigation of Dr. Arnold Feldman, also of Baton Rouge because of his apparent reluctance to recuse himself from discussing Dr. Feldman’s case pending before the board.

The board’s legal counsel did produce somewhat belatedly a document that purported to recuse Dr. Burdine from participating in proceedings relative to Dr. Feldman’s case but board minutes indicate “unanimous” votes on matters pertaining to Dr. Feldman even as Dr. Burdine was supposedly recused. Moreover, Dr. Burdine repeatedly participated in executive session discussions when the subject of the closed session was Dr. Feldman’s case. Board member Dr. Mark Dawson, however, insists that Dr. Burdine did, in fact, recuse himself. “The pain management doctor’s attorneys are playing you for a fool,” he told LouisianaVoice.

The Dental Board until recently brought charges at the recommendation of a private investigator retained by the board whose offices were housed in the dental board’s suite on Canal Street in New Orleans. LSBME, on the other hand, employed its investigator as a full time employee. Following Dr. Burdine’s selection as vice president of the board, investigator Cecilia Mouton, a physician also, was appointed executive director of the board and immediately requested—and received—a 10 percent pay increase to $211,600.

Mouton, while still employed in 2010 as an investigator who looked into complaints about doctors, married attorney Jack Stolier who at the time represented physicians who were subjects of investigations and who had disciplinary action pending before the board and Mouton. Stolier ceased representing physicians before the board following his marriage to Mouton, Dawson said.

Taking the comparisons between the dental and the medical examiners board even further, LSBME acts in the capacity of investigator, accuser, and judge in disciplinary cases and, again like its counterpart, depends entirely on penalties imposed on doctors for its operating revenue.

Dr. Burdine’s Spine Diagnostics of Baton Rouge, one of the largest pain management clinics in the state, had annual receipts of slightly less than $9 million compared to Dr. Feldman’s $6 million in 2012. The two clinics are only about five miles apart. Dr. Feldman maintains that closure of his facility would necessarily mean that Dr. Burdine would inherit much of his caseload, thus enhancing the size of his clinic and providing an economic windfall for him.

The federal Healthcare Quality Improvement Act of 1986 provides that physicians are entitled to a professional review action “before a panel of individuals who are appointed by the entity and (who) are not indirect economic competition with the physician involved.”

Not only has the board, with the active participation of Dr. Burdine claimed by Dr. Feldman, plowed ahead with its prosecution of Dr. Feldman, Mouton, first as board investigator and later as executive director, denied Dr. Feldman access to his investigative file in order that he might formulate a defense, said Dr. Feldman in a 42-page complaint filed with the State Board of Ethics.

The specifics of the board’s complaint against Dr. Feldman have never been revealed but appear to stem from the death of a patient while in Dr. Feldman’s clinic even though the death was determined to be from natural causes and not connected to pain treatments being administered to the patient by Dr. Feldman.

The Ethics Board found no ethics violation in a decision that has become all too familiar since the ethics laws were amended in 2008, effectively gutting the ethics board. But that hasn’t stopped Feldman from seeking justice from what he feels is malicious prosecution, abuse of due process and violation of Louisiana commerce statutes.

He filed suit against Dr. Burdine in Civil District Court in New Orleans last August and the children of one of his patients has filed a separate suit in CDC naming LSBME, Mouton and board investigator Leslie Rye as defendants.

That lawsuit, filed by Alexia Senee James and Albert Lewis James of Baton Rouge, claims that Mouton and Rye intervened in Dr. Feldman’s treatment of their mother, Tonja Guitreau James.

After Tonja James was convinced by Mouton and Rye to leave the care of Dr. Feldman, she subsequently died from a prescription drug overdose, the petition says, adding that Mouton and Rye “violated the doctor-patient privilege, confidentiality and sacrosanct relationship between Tonja James and her physician.”

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