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Southern University has been hit with more than $14,000 in fines and fees as a result of an illegal executive session of the university’s system-wide grievance committee on March 18 involving four professors who were appealing the decision by Southern Executive Vice President/Vice Chancellor James Ammons to either fired, demote or reduce the pay of the four.

Nineteenth Judicial District Court Judge Richard “Chip” Moore awarded $5,000 to the four professors and to yours truly. In addition, he ordered Southern to pay $8,400 in attorney fees to Baton Rouge attorney J. Arthur Smith, III, and to pay $638 in court costs.

RULING ON SOUTHERN CLOSED MEETING

At the same time he ruled that any and all actions by the committee affecting the four professors from March 18 through the date of the ruling (May 13) were null and void, “said evidence being the unlawful fruit collected by the committee in contravention of the Open Meeting Law…”

The decision followed the May 6 trial in which the four professors—Elaine Lawnau, Christy Moland, Terrilynn Gillis and Marilyn Seibert—and Aswell said they were forced to exit an illegally-held closed-door meeting of the grievance committee on March 18.

In his ruling, Judge Moore said that prior to the committee’s convening in the committee room on the Southern campus, committee chairperson Marla Dickerson “met privately with all committee members to discuss whether the hearing should be open or closed to the public. Dickerson testified that the committee members unanimously and clandestinely agreed that the hearing be closed to the public (emphasis mine).

“Thereafter, Dickerson and the other committee members assembled in a boardroom and called the hearing to order with all plaintiffs being present. Dickerson then asked plaintiffs whether they desired the hearing be open or closed, and all plaintiffs moved that it be open to the public. Dickerson then posed the same question to Southern University, which advised through its counsel (Winston Decuir, Jr.) that the hearing be closed. Dickerson then authoritatively ordered the committee hearing be closed to the public, said action being taken without prior motion or vote from any committee member while the committee was in open session.”

The state’s open meeting law specifically says that (a) all votes to enter into executive session must be by a two-third majority vote and that the vote must be taken in open session and recorded in the minutes of the meeting, and (b) employee(s) filing the grievance or appeal have the final say as to whether the meeting is to be conducted in open or closed session.

The committee failed to meet either criteria.

Decuir, who appeared smug and self-assured at the outset of the trial, argued that because Southern’s handbook gives the committee the final say on executive sessions, the university was not required to comply with state law when in reality, the reverse order is true: state law trumps the school’s handbook, not the other way around.

But that did not stop Decuir from arguing that the committee “had no legal responsibility to comply with laws relative to public hearings,” Judge Moore noted.

Moreover, apparently disregarding the First Amendment, Decuir challenged my right to be a plaintiff in the matter, arguing that I had no standing even though I was there to cover the proceedings for LouisianaVoice. Under cross examination, he even asked me—as if the question had any relevance whatsoever—if I had ever covered a meeting at Southern before. Again, Mr. Decuir—I direct you to the First Amendment.

Judge Moore, who first was required to rule that Southern was a public body in order for the trial on the merits to proceed, noted that the recommendation to be made by the committee to Southern’s president/chancellor “was far too important to be made in a dark room, where no one other than committee members knew what facts and evidence it had considered…”

He said Dickerson’s own testimony “clearly established that prohibitory law was contravened when Dickerson improperly ordered the hearing go into executive session, closing the meeting to plaintiffs and the public.”

Moore also noted, “Generally, a party seeking the issuance of a preliminary injunction must show that he will suffer irreparable injury, loss, or damage if the injunction does not issue and must show entitlement to the relief sought. However, a showing of irreparable injury is not necessary when the act sought to be enjoined is unlawful, or a deprivation of a constitutional right is involved.”

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There is only one word to describe the courts in the 4th judicial District: rancid.

It was bad enough when it was revealed that:

  • ALLISON CAMPBELL, a clerk for 4th JDC judges, had mis-filed, shredded, or otherwise destroyed records (52 different writ applications missing for more than a year turned up as being used as an end table in Campbell’s office.
  • Or that when the Ouachita Citizen sued to obtain public documents from the court, the court’s judges sued the newspaper and its publisher Sam Hanna, Jr. to prevent having to make the documents available.
  • Or that Campbell’s sister is a prominent Monroe attorney, Catherine Creed, her father George Campbell was an executive with Regions Bank and was married to the daughter of attorney Billy Boles.
  • Or that a “duty” or on-call JUDGE (Larry Jefferson) would alter bond instructions, allowing an inmate charged with five counts of aggravated crimes against nature to walk out of jail and disappear.
  • Or that Monroe attorney and former Monroe city council member ARTHUR GILMORE, JR., was sentenced to 24 months in prison and temporarily permanently disbarred by the Supreme Court for violations of the federal Racketeering and Corrupt Organizations (RICO) Act. The disbarment was handed down as permanent but he petitioned and was approved for readmission in January.

But now, we learn that the Louisiana Supreme Court has suspended the law license of Monroe attorney DANIEL J. HUNTER for one year after an investigation by the Office of Disciplinary Council found that Hunter had mismanaged his client trust account.

(Yawn). So what, you say? Happens every day. Some lawyer dips into the account for a quick trip to the casino with every intention of repaying the money—until he loses it and then loses again in an attempt to win it back. Sometimes it’s for more sinister purposes. Many times it’s just sloppy bookkeeping and funds get co-mingled. Mismanagement could be many things but you get the idea.

But wait. Daniel J. Hunter isn’t just any old attorney.

He is the brother of current 4th JDC court judge and former Louisiana State Rep. Marcus Hunter.

Daniel and Marcus are the sons of former Louisiana State Sen. Willie Hunter.

Daniel Hunter also just happens to be employed by 4th Judicial District Attorney Steve Tew as an assistant prosecutor. He was recently demoted to prosecuting misdemeanor offenses.

So, there you have your state judicial district court in Ouachita and Morehouse parishes.

Be proud.

Remember the adage that you get the government you deserve.

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It turns out that Southern University is indeed a public body.

And so are any of its committees assigned to carry out or to recommend university policy, according to a ruling by 19th Judicial District Judge Richard Moore, III, denying Southern’s Exception of No Cause of Action.

A no-brainer, right?

Well, not if you accept the argument of attorneys representing the university in a pending lawsuit over the decision by the university’s system-wide Grievance Committee to enter into an executive session without benefit of an official motion or vote by the committee members and despite the request of the four Southern employees that the meeting be open to the public.

Southern’s motion was filed as a result of a lawsuit by Dr. Christy Moland, Dr. Elaine Lewnau, Dr. Terrilynn Gillis and Dr. Marilyn Seibert, four university professors either fired, demoted or reduced in pay, and LouisianaVoice publisher Tom Aswell after the plaintiffs claimed that a CLOSED-DOOR MEETING by the grievance committee on March 18 was illegal.

In Monday’s hearing on the motion, Southern’s attorneys put up a rosy argument, saying that according to what Arthur Smith, III, attorney for the four professors, was saying, anytime an individual is assigned by the administration to carry out any function, their actions would constitute a public body.

Had Southern prevailed, then any public body, from the governor’s office down to the smallest town council, could hide behind that maneuver in order to keep the public uninformed of its actions.

But the grievance committee is not an individual. In fact, it is comprised of more than a dozen “individuals” who sit as a committee to hear grievances and to make recommendations to the university administration.

As such, the committee’s recommendations constitute official actions designed to set policy or official actions for the university to carry out.

At the March 18 hearing, all four professors requested that the hearing be conducted in an open forum but then, without a motion or vote to do so, Dickerson called an executive session, saying the hearing was not a public meeting and the committee was not a public body even though any decision it may make is clearly defined as an official action by a public body under state law. Dickerson’s saying otherwise does not change that.

Louisiana Revised Statute 42;4.1 THROUGH 42.13, the state’s Open Meetings Law, clearly defines a “Public Body,” and then goes on to say “A committee formed by the public body is considered a public body, e.g., an executive committee.”

Having established that point, the next issue would be the state’s OPEN MEETINGS LAW, which says, “In order for a public body to enter into an executive session, a vote of 2/3 of members present at an open meeting, for which proper notice was given pursuant to R.S. 42:19, is necessary — along with an accompanying statement of the reason for entering into the executive session. The vote of each member on the motion to enter into executive session along with the reason for entering the executive session must be recorded and entered into the minutes. (emphasis added)

So, the “Grievance Committee” violated the state’s open meetings statutes which require public hearings of grievances should those filing grievances request a public hearing, which all four in fact, did request.

The same section says:

Further, the public body may not enter into executive session for the purposes of this discussion, if the individual requests that the matter be discussed in an open meeting. (emphasis added).

Committee chairperson Marla Dickerson, in calling the closed session, ejected not only LouisianaVoice, but also the four professors and their legal counsel (Smith) as well as the legal counsel for the university itself (Winston Decuir), thus preventing legal counsel for each side from hearing any testimony by witnesses.

In his ruling, Judge Moore said, “…the Grievance Committee…is making recommendations to the President-Chancellor as to whether employment should be maintained and, if so, the amount of compensation. The…type of committee action is too important to be made in a dark room, where no one other than committee members know what factors are being considered. The actions taken by the Grievance Committee served to slam the door on…(the) Louisiana Constitution and our democratic process. For all these reasons and considerations, the exception of no cause of action filed by Southern University is overruled.”

 

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LSU basketball coach Will Wade has been REINSTATED and all those Tiger Athletic Foundation (TAF) supporters can breathe a sigh of relief.

But does anyone even remember the shabby treatment of STEVEN HATFIELD by LSU? Did anyone ever protest the disgraceful manner in which he was shown the door? Well, a handful of SCIENTISTS did protest Hatfield’s firing, but who listens to scientists anyway? Certainly not Donald Trump.

Hatfield, for those who may not remember, was an expert on biological warfare who, along with about 30 others, found themselves on the FBI’s list of “persons of interest” in connection with its investigation of the 2001 anthrax attacks. Apparently, this honor was bestowed upon him because he had once passed through Fredrick, Maryland, where the anthrax envelopes were mailed from. Actually, he worked as a biodefense researcher for the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick in Frederick—enough to make him a “person of interest.”

Even though the FBI repeatedly said that Hatfill was not a suspect in the case, it nevertheless directed the university to prohibit Hatfill from participating in any projects financed by the Justice Department.

LSU meekly complied without asking the FBI for a shred of evidence. The university denied that its decision was influenced by the fact that LSU received substantial funds from the Justice Department for programs that trained law-enforcement and public health officials to handle bioterrorism attacks and similar crises.

Not satisfied with firing Hatfield, LSU went a step further in firing his boss, STEPHEN GUILLOT, director of the National Center for Biomedical Research and Training and the Academy for Counter-Terrorist Education.

And our legislators wonder why so many professors are looking at Louisiana in their rear-view mirrors.

Can you say “extortion”?

Hatfill had the last laugh, however, settling his LAWSUIT against LSU and the federal government for $4.6 million.

The odyssey of a former LSU BAND DIRECTOR got more ink than the injustices inflicted upon Hatfield.

The Baton Rouge SUNDAY ADVOCATE was liberally PEPPERED with stories SPECULATING with breathless anticipation the next steps for Wade and LSU. The gnashing of hands and wringing of teeth even carried over to Monday with yet another story that DICK VITALE had returned to a Baton Rouge radio show to discuss the monumental ongoing saga that, to rabid LSU fans at least, carries all the weight of say, the selection of a new Pope.

Yet, only minimal coverage was given to the manner in which LSU canned hurricane scientist IVOR VAN HEERDEN following his criticism of the U.S. Corps of Engineers because his public statements were “hurting LSU’s quest for federal funding across the board.”

Now that’s the humanitarian approach: go right for the bottom line.

The fact that van Heerden’s criticism was vindicated when tests of steel pilings revealed the very deficiencies, he had described that led to the levee breaches during Hurricane Katrina did nothing to prompt LSU to rush to reinstatement.

So, he did the obvious: he FILED SUIT filed suit against LSU in 2010 for wrongful termination.

LSU, if nothing else, is consistent. It doggedly defended the lawsuit, even after losing one key ruling after another until Jed Horne, a columnist for THE LENS, a New Orleans online news service, wrote:

Journalists and members of the LSU community who are aware of the ongoing persecution are disgusted and somewhat mystified that the university has chosen to go after van Heerden, rather than quietly settle this shameful case. It seems especially odd in light of the state’s increasing vulnerability to catastrophic storms and van Heerden’s proven expertise in anticipating their wrath—not to mention the high cost of protracted litigation as Gov. Bobby Jindal makes devastating cuts to the university’s budget.

Finally, after throwing $435,000 of taxpayer funds down a rat hole to defend the suit (benefiting no one but the state’s defense attorneys) LSU finally decided to settle in February 2013 for an undisclosed amount. Again, taxpayer dollars but this time the court concealed from public view the amount of the settlement, itself a disturbing trend when public dollars are involved.

While the local media in Baton Rouge have given extensive coverage to the travails of poor Will Wade (six-year, $15 million contract), not a nano-second of air time nor a single sentence has been devoted to the manner in which the LSU Dental School swept a multi-million-dollar scandal under the rug by firing the whistleblower who revealed that a joint replacement device developed by Dr. John Kent, head of the LSU School of Dentistry’s Oral and Maxillofacial Surgery Department, was defective. That the deficiencies resulted in excruciating pain and at least eight suicides wasn’t enough to prevent the department from ruining the career of DR. RANDALL SCHAFFER.

But thank God Will Wade has been reinstated.

Following drastic budget cuts to higher education in general and LSU in particular by the Bobby Jindal administration and his lap dog legislators, it was decided that LSU President JOHN LOMBARDI  John Lombardi had to go for his failure of leading LSU to its “true vision and leadership.” Lombardi had opposed some of Jindal’s PROPOSALS, a cardinal sin, it turned out.

One of the things that sealed Lombardi’s fate was his hesitancy to endorse the surrender of the LSU Medical Center via a contract containing 55 blank pages. The beneficiary of Jindal’s generosity, by the way, was a sitting member of the LSU Board of Supervisors who headed the outfit that took over University Medical Center in Shreveport. But no conflict there, apparently.

Also loath to approve the giveaway of one of the finest teaching hospital systems in America were LSU Health Care System head Dr. Fred Cerise and Interim Louisiana Public Hospital CEO Dr. Roxanne Townsend. On July 17, 2013, there was a meeting at which the privatization of the state’s system of LSU medical centers was pitched.

Both Cerise and Townsend were present at that meeting and both EXPRESSED THEIR RESERVATIONS. Members of the Board of Supervisors who were at the meeting “indicated they want LSU’s management to pursue this strategy,” according to a two-page summary of the meeting prepared by Cerise.

With days, two of the most respected members of the LSU medical community were gone. Fired.

But LSU has Will Wade back in the fold and all is well.

Following drastic budget cuts to higher education in general and LSU in particular by the Bobby Jindal administration and his lap dog legislators, it was decided that LSU President JOHN LOMBARDI had to go for his failure of leading LSU to its “true vision and leadership.” Lombardi had opposed some of Jindal’s PROPOSALS, a cardinal sin, it turned out.

And who could ever forget the humiliation the LSU Board heaped upon legendary football coach Charles McClendon by making the man wait in his car back in 1979 while the board decided his fate? He was canned because he couldn’t beat Bear Bryant. Well, guess what? No one else was beating the Bear either. If that is the barometer for a coach’s survival at LSU, then no coach’s job is safe as long at Nick what’s-his-name is at ‘Bama.

And the ham-fisted manner in which Athletic Director Joe (Duke lacrosse death angel) Alleva handled the LES MILES firing had all the delicacy and subtlety of Jack the Ripper.

But Will Wade is back and that makes everything okay.

Until the other shoe drops from the ongoing FBI investigation, as it almost surely will.

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Editor’s note: Last year, LouisianaVoice published a couple of stories about the indictment of Iberia Parish Clerk of Court MIKE THIBODEAUX and the political circus that seems to be the norm for Iberia Parish. The 14-count indictment followed a 2016 investigative AUDIT by the Legislative Auditor’s office. Coming two years after the audit, the indictment would appear to be politically motivated by Thibodeaux’s FIRING of parish Assessor Ricky Huval’s son, Ryan Huval. Ricky Huval’s daughter, Rachael, it turns out, is employed by District Attorney Bofill Duhé, who brought the indictment against Thibodeaux. The excessive bail set by the presiding judge would, in itself, indicate the extent to which favoritism and cheap political theater are very much in play in Iberia Parish.

Bob Mhoon, a native New Iberian now living in Arlington, Texas, penned a letter to the editor of the local newspaper. But the Daily Iberian has appeared somewhat reluctant to publish his letter, so LouisianaVoice is doing so here.

In June of 2018 the headline was “Thibodeaux indicted.” “charges include racketeering, theft, malfeasance in office.”

Most everyone knows Mike Thibodeaux and, for the most part, they are happy with his exemplary accomplishments during twenty-two years in office. I’ve read the charges and studied the detailed audit upon which they are based. The audit and the Clerk of Court’s response to detailed findings were presented to the parish council and accepted without concern.

One of the major responsibilities of the Clerk of Court and his Chief Deputy Clerk of Court is to continually update their knowledge of all applicable laws and policies, including the periodic changes that must be added to internal policy manuals.  Interestingly, all past audits and corrective responses to items flagged were satisfactory.

What happened next? The state auditor requested a State Police investigation and that report was forwarded to the district attorney. His decision was to present to the grand jury which found charges were appropriate and Mike was formally charged.

What was the impetus for criminal charges? According to Louisiana State Auditor records, a formal complaint was made to their office by the ex-Chief Deputy Clerk of Court; someone equally responsible for managing the department during past audits. Retribution?

Not a single penny of parish money was misappropriated by the Clerk of Court or his office. True, funds were moved between accounts; simply because that was how it was always done. These oversights were quickly corrected before the charges were initiated.

The Clerk of Court was shocked when he was indicted and the judge set bail at $200,000. In setting bail the court considers; severity of charges, the likelihood of jail, and defendant’s community ties. The last factor alone should have negated all others. The likelihood of him fleeing charges is infinitesimal.  His entire life has been in New Iberia with a loving family, and a lengthy, exemplary, career in local government. The bond was excessive!

How does favoritism come into play? I reviewed a number of Louisiana Legislative Auditor cases involving functions of the governor’s office. No one involved in these oversights was charged with any crimes!

Here is clear evidence of unfairness and favoritism. Homeland Security Finding. We identified 81 reimbursement requests where $3,309,036 (31.89%) worth of expenses were not supported by sufficient documentation. March 31, 2008, through December 31, 2016, we analyzed expense reimbursements totaling $925,837,580. We noted exceptions totaling $250,074,672 (27.01%). Louisiana Governor’s Office of Homeland Security and Emergency Preparedness worked with the subgrantees to resolve $134,830,335 (53.92%) of the exception amount. Louisiana Department of Health; did not deposit approximately $2.8 million into the Fraud Fund between fiscal years 2012 and 2017 in accordance with state law. (Amount: $2,797,768), LDH incorrectly deposited $323,570 into the Medicaid Fraud Fund in fiscal year 2012 that should have been deposited into the Nursing Home Residents’ Trust Fund. (Amount: $323,570). Lastly, LDH spent $642,593 from the Medicaid Fraud Fund in fiscal year 2012 on software that could not be implemented due to system compatibility issues. (Amount: $642,593) There are hundreds more similar discrepancies available on the LLA website.

Mike has steadfastly supported the community and now desperately needs your help.  Make a quick phone call to the DA, expressing support for Mike. After seeing the Governor’s disorganization and auditor favoritism, Bo Duhe needs to exercise compassion and immediately drop the charges to free Mike from the unfair burden. Having to defend himself against unwarranted charges while paying an attorney large sums of money is simply wrong.

Why is the governor’s organization exempt from the law?

Bob Mhoon

Arlington, TX

 

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