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Archive for the ‘DOA’ Category

 

Because of our limited staff (one, plus a few occasional contributors), we often fall behind in our efforts to keep up with the news of our misbehaving public officials. We try to keep up, but these guys are pretty slick and very resourceful in finding new ways to siphon off funds, whether they be state funds or contributions from campaign supporters.

So, today, we will highlight a couple of politicos who are very tight: Bobby Jindal and his director of the Office of Alcohol and Tobacco Control (ATC), Troy Hebert (whose wife just happens to be the Jindal children’s pediatrician, we’re told).

We have an update on the status of Frederick Tombar III, who, like Hebert was appointed to a high-level position in the Jindal administration only to harass himself out of a job.

Tombar, it seems, has landed on his feet after leaving his $260,000 a year job as director of the Louisiana Housing Corporation because of some sexually explicit emails he sent to two female employees—one, a contract employee and the other an actual employee of the agency.

Both women attempted to put off Tombar’s advances because of fear of losing their jobs but eventually each filed complaints and Tombar left before he could be interviewed during an investigation by Ron Jackson, Human Resources Director for the Division of Administration.

Not to worry. We’re told by sources that Tombar, of New Orleans, had a soft landing at Cornerstone Government Affairs consulting company where he will work alongside two former state Commissioners of Administration, Mark Drennan and Paul Rainwater. http://www.cgagroup.com/index.html

http://www.cgagroup.com/team/RainwaterPaul.html

http://www.cgagroup.com/team/mark_drennen.html

Efforts to reach both Drennan and Rainwater for comment were unsuccessful.

It’s not known what Tombar’s salary at Cornerstone will be, but we are willing to bet it doesn’t approach the quarter-million a year he was making as a Jindal appointee.

That other appointee mentioned earlier, Troy Hebert, of whom much has been written here, little of it good, recently sent a bill to former ATC agent Howard Caviness of West Monroe who now serves as Grambling State University chief of police. Well, actually, the bill was not from Hebert, but from the agency under which he serves, the Department of Revenue (LDR).

The invoice, for all of $123.59 is for an alleged overpayment to Caviness in Dec. of 2012, according to the letter dated April 29 which is stamped “2nd notice.” Supposedly, the $123.59, when collected, will go to help patch over Jindal’s $1.6 billion budget deficit. LDR letter

Attached to the letter is a time sheet for the two-week time period of Nov. 26—Dec. 9, 2012, with no explanation other than a hand-scrawled, “will leave a balance owed.” ATC timesheet

(CLICK ON IMAGES TO ENLARGE)

Caviness, contacted by LouisianaVoice, feels the action is in retaliation for his having testified on behalf of another former agent, Brett Tingle, who Hebert fired while Tingle was recovering from a heart attack.

Reprisals against a state employee by officials in the Jindal administration? Surely not!

But that would fit the modus operandi of Hebert and would give credence to a third former agent who revealed she was ordered to conduct an investigation of LouisianaVoice publisher Tom Aswell (that would be me). That former agent admitted that she did indeed follow through on the investigation but found me “rather boring.” We’ll take boring any day.

But we did our own nosing around and found that Hebert played pretty fast and loose with campaign donors’ money while he was still a state senator—and even after he left office to take over operations at ATC after Jindal did a number on former ATC Director Murphy Painter.

At the top of the list, as with the case of so many office holders, was his $12,165 expenditure for the purchase of what seems to be the most sought-after perk of all state politicians: LSU football tickets—$4,930 of that well after he left the House of Representatives in 2010 to become head of ATC. It’s somewhat difficult to see how whose expenditures, especially the $4,930 spent after he left office, could be justified as being “related to the holding of public office,” as state campaign expense laws clearly dictate. related to a campaign  personal use  cannot use campaign funds for personal use

But, as they say in those cheesy TV commercials, “Wait! There’s more!”

Our boy Troy also shelled out the following amounts for other seeming unrelated purposes:

  • Nov. 11, 2014: All State Sugar Bowl tickets, $590 (again, quite a stretch in tying this to holding public office); SUGAR BOWL
  • April 22, 2009: Sullivan’s Restaurant, Baton Rouge, $2,323.10 for a fundraiser; RESTAURANTS
  • April 1, 2010: Delta Airlines, $691.80 (no explanation of any destination, but his House district was pretty small and probably didn’t require air travel to get around Iberia Parish; TRAVEL
  • April 1, 2010: Hilton Hotel, Washington, D.C., $1,505.70. Ah! There’s his destination for that Delta flight. But what was he running for in Washington? HOTELS
  • May 10, 2011: Monteleone Hotel, New Orleans, $500. About those two hotel bills: state regulations limit hotel rooms to a mere $120 per night. Perhaps someone should sent Hebert a bill for the difference. Oh, wait. The rooms were paid out of campaign funds, not the state treasury. So that makes it okay, we guess.  travelguide

Still, $15,452 in campaign expenditures which somehow just don’t pass the smell test for legitimate campaign expenditures, especially $5,520 of which was spent after he left office.

And then there’s Jindal.

Since 2009, a year after he first took office, he has racked up an eye-popping expenditure of $169,597 in hotel room costs alone. TRAVEL

Even more revealing, all but $30,000 of that ($139,660) has been since his re-election in October of 2011, evidence that he has spent precious little time in Louisiana performing the “job he always wanted,” and the job to which he was elected.

Jindal also spent more than $185,000 in campaign money since 2003 on air travel, his campaign expense records show. Because his travel expenses were about equally divided between pre- and post-re-election in 2011, it would indicate that much of his lodging was provided by organizations to whom he was speaking.

By running as an “undeclared” candidate for the Republican presidential nomination, he was able to make free use of campaign funds he reaped while running for and serving as governor. That would explain why he is so cagey about his non-candidacy candidacy: the rules change and federal regulations kick in once he is a declared candidate. His self-serving claim to be “praying for guidance” over his decision has little or nothing to do with it; it’s all about the way he can spend the money.

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LouisianaVoice is continuing its fundraising drive to help offset the costs of litigation against the Division of Administration and Bobby Jindal in our never-ending fight for access to public records.

These are records of what the administration is doing, how it is spending your taxpayer dollars, and how it is implementing policies that affect your daily lives.

These are also records that belong to you, the citizens of this state, and Jindal does not want your prying eyes looking over his shoulder—even if that shoulder is in Iowa or New Hampshire. Nor do the various boards and commissions which exercise tremendous power over small businesses want us looking into their operations.

But we do and we will continue to do so. But it is costing us legal fees—fees that we don’t recover if we fail in court. And the courts are not inclined to side with the public’s right to know; they would rather take the easy way out and rule for the state.

But we nevertheless must keep the pressure on and to do so costs money and time.

Please help by contributing what you can either by clicking on the Donate Button with Credit Cards button to the right of the page or by mailing your check to:

Capitol News Service/LouisianaVoice

P.O. Box 922

Denham Springs, LA. 70727-0922

Thanks for your support!

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If you will take the time to read the story below the Notable Quotables post, you will be able to see for yourself why our fight with the Division of Administration (DOA) and Bobby Jindal over access to public records is far from over after three separate lawsuits (one against the Department of Education and the other two against DOA).

As the reader can see, DOA has no intentions of timely compliance with our requests—or ever, if they can get away with it. Winning one case against them outright and taking three of four in the most recent courtroom battle will only embolden Kristy Nichols to dig in her heels and continue to withhold records indefinitely.

That’s why your contributions to LouisianaVoice are so important. Unfortunately, justice is not only not free, but downright unaffordable for the average person. One can file pro se but unless he or she is familiar with legal terms and tactics, that is a foolhardy endeavor.

Please do whatever you can to help us defray the growing costs of litigation in these efforts to see to it that records to which you have every right are provided completely and on a timely basis.

You may click on the Donate Button with Credit Cards (not here, but to the right) to pay by credit card, or you mail your checks or money orders to:

Capitol News Service/LouisianaVoice

P.O. Box 922

Denham Springs, LA. 70727-0922

 

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“You’re cool with my having a wife at home?”

Instagram message from former Louisiana Housing Corp. Executive Director Frederick Tombar, III, to a female employee of his former agency whom he was trying to get to sleep with him. Tombar, a Bobby Jindal appointee, resigned in the wake of an investigation into allegations from two female employees of sexual harassment.

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As an illustration of the arrogance of Commissioner of Administration Kristy Nichols and the Division of Administration (DOA), one need only examine the most recent “compliance” to our request for public records in the matter of former Louisiana Housing Corporation (LHC) Executive Director Frederick Tombar, III. https://louisianavoice.com/2015/04/21/frederick-tombar-a-key-jindal-appointee-resigns-260k-job-at-lhc-following-internal-investigation-of-sexual-harassment/

Even as the parties to our lawsuit against Nichols and DOA were awaiting the start of our case in District Judge Mike Caldwell’s courtroom on Monday, DOA’s legal counsel asked our attorney about our post of Sunday, May 3, in which we revealed that DOA was sitting on another request of ours. We made simultaneous requests, we explained, to DOA and to an office under DOA (LHC). The office responded with the records but DOA still had not complied nearly two weeks after our request was submitted. https://louisianavoice.com/2015/05/03/louisianavoice-v-la-doa-goes-to-trial-monday-we-need-your-help-to-defray-legal-costs-that-will-continue-on-appeal/

But don’t just take our word for it. Here is a column by Robert Mann from nearly two years ago:

http://www.nola.com/opinions/index.ssf/2013/05/louisiana_government_is_making.html

The attorney for DOA, upon being told what records we had requested, promised us we would have the records on Tuesday.

On Tuesday, apparently buoyed by only a partial victory by us, DOA responded with partial compliance as some sort of weird game of gotcha.

The records we received from the LHC contained 16 pages. The records provided Tuesday by DOA contained four pages.

DOA insisted in the trial of our earlier lawsuit against DOA (also before Judge Caldwell, who, in that case, ruled against LouisianaVoice altogether—do we see a pattern here?) that we were not being singled out for deliberate non-compliance or the withholding of records despite DOA’s historically taking weeks and even months to provide requested documents.

Yet, withholding 12 pages of a public record (the LHC board, with the concurrence of legal counsel, had previously decided that the investigative report into allegations of sexual harassment against Tombar was indeed public) certainly appears to us to be deliberate—and against the law.

Here’s the gist of the investigative report:

LHC board Chairman Mayson Foster asked the DOA Office of Human Resources to conduct an investigation on April 13 into claims by two female employees (one, a contract employee and the other a full-time employee of LHC) that Tombar, who lives in New Orleans, had pressured each of them to spend nights with him in his hotel room when he was in Baton Rouge for board meetings.

(The report, as it should, withheld the names of the women and LouisianaVoice has never requested that information. We respect the employees’ privacy; we only wanted the investigative report.)

The harassment of the first employee, a contract worker, began on Nov. 19, 2014, the report said, when Tombar and the employee separately attended a luncheon for the agency. Immediately following the luncheon, he “friended” her on Facebook and Instagram and made repeated requests for her to join him after work for drinks.

The employee made excuses to avoid doing so but then his advances became even stronger as he began to request that she spend the night with him in his hotel room during his stays in Baton Rouge. Specifically, emails provided LouisianaVoice by LHC (with the name of the employee properly redacted) show that Tombar asked her to spend the night with him on Feb. 10, 2015, the night before an LHC board meeting.

Even though she was a contract employee, Tombar promised her in his emails that she would be “safe” from layoffs and then asked her again to spend the night with him on April 7, 2015.

Eventually, the woman blocked his calls and filed a formal complaint and asked that she continue working but away from Tombar.

The second woman, an employee of LHC, said she attended a conference in New Orleans on Feb. 7-9, 2015 and that on March 19, she received an email from Tombar saying he would be staying overnight in Baton Rouge and asking her to stay with him overnight in his hotel room, a request she declined.

He repeated the request on April 7 before she sought relief in the form of a formal complaint in which she said she wished to keep her job but to work “away from Mr. Tombar,” the report said.

In one Instagram message provided LouisianaVoice as part of the record, Tombar asked one of the women, “You’re cool with my having a wife at home?”

The report’s conclusion said:

“Inform

  • “Information gathered from claimant interviews as well as a subsequent review of electronic messages sent to both claimants by Mr. Tombar clearly establish a pattern of sexual harassment and hostile work environment. Specifically, Mr. Tombar’s declaration that (the first claimant’s) position would be protected from layoffs while (simultaneously) trying to establish a sexual relationship with her presents clear evidence of quid pro quo sexual harassment. Additionally, the use of sexually explicit content in electronic messages to LHC employees and contractors presents clear evidence of a hostile work environment.”

The report further said the women “should have been more direct and forceful” in putting Tombar on notice “that his advances were unwelcomed and unwarranted, which they acknowledged in their interviews.” At the same time, the report pointed out that the women were fearful of losing their positions because of Tombar’s position as Executive Director and Appointing Authority within LHC.

Attempts to interview Tombar by DOA’s Human Resources Department “to provide him an opportunity to refute and defend those claims” were thwarted when Tombar abruptly resigned his $260,000-a-year position on April 21, the report said.

Tombar was appointed to head LHC after passage of Senate Bill 269 by State Sen. Neil Riser in 2011. The bill, which became Act 408 upon the signature of Bobby Jindal, consolidated three former agencies into one: the Louisiana Housing Finance Agency, the Road Home Corp., and Louisiana Land Trust. That consolidation became effective on Jan. 1, 2012 and Jindal named Tombar to head the new agency shortly after that.

Tombar earned a Bachelor of Arts degree in Government from Notre Dame University and later attended Harvard University’s John F. Kennedy School of Government where he earned a Master in Public Policy degree.

He directed the Road Home Program following Hurricanes Katrina and Rita. Road Home served as the largest single housing recovery program in U.S. history.

LHC currently is house in an elaborate structure on Quail Drive across from the Pennington Biomedical Research Center just off Perkins Road in Baton Rouge. LOUISIANA HOUSING CORP.(CLICK ON IMAGE TO ENLARGE)

The agency has 125 employees and a payroll of more than $7.9 million. Besides Tombar, eight other employees make more than $100,000 per year, according to State Civil Service records.

http://doa.louisiana.gov/boardsandcommissions/viewEmployees.cfm?board=273

In an April 6, 2015, message to one of the women, Tombar said, “Jindal has a claim to my time until 5. Any plans after are negotiable.”

The employee, in an apparent effort to put him off, responded, “Maybe next time.”

In the most explicit message provided by LHC, Tombar sent a message that gave the definition of “sunrise surprise” from the online Urban Dictionary: “To wake someone up at exactly 6 am by having rough anal sex with them.” There was no response to that message.

As for DOA’s pattern of non-compliance with our requests, our attorney has suggested that we pursue criminal charges against Nichols in addition to our civil petitions.

It’s certainly an option we’re keeping open although Attorney General Buddy (or is it Bubba) Caldwell (no relation to the judge) has certainly revealed his reluctance to pursue the interests of the citizens of this state over such mundane matters as public records.

So, it would fall to the East Baton Rouge Parish District Attorney Hillar Moore.

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