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As clamor increases for access to public records, some, like Lafayette city marshal, starting to learn expensive lessons

Posted in Corruption, Elections, Ethics, Lawsuits, Legislature, Legislators, Politicians, Public Records, State Agencies, Transparency on April 8, 2016| 6 Comments »

Last of four-part series:

There are those isolated cases scattered across the legal landscape in which a citizen or member of the media goes to court and wins a public records case against a reticent public official but even those occasional victories in the interest of transparency are bittersweet at best.

It goes without saying anyone would rather win than lose; that’s a no-brainer. So prevailing in a case against an elected official or appointee bent on blocking the free flow of information always evokes a certain smug euphoria.

On the other hand, each victory in a public records lawsuit should prompt members of the media and governmental watchdogs alike to ask five basic questions:

Why was litigation necessitated in the first place?
Why aren’t officials more forthcoming with information?
Were they trying to hide something embarrassing or incriminating?
Or were they just being obstinate as a matter of general principle?
Was fighting disclosure worth the legal costs and the potential of fines for noncompliance—and even the possibility of criminal charges?

The IND, a Lafayette news organization has most likely asked each of those questions repeatedly in the case of Lafayette City Marshal Brian Pope and his determination to shield 588 pages of emails from Pope’s workstation at the Lafayette City Marshal’s office.

For his part, Pope must be dwelling on the final question: Was it worth it?

http://www.katc.com/story/30893257/independent-wins-public-records-suit-against-city-marshal

At issue is Pope’s alleged use of his office—and the city’s computer—to campaign for Lafayette Parish Sheriff candidate Chad Leger over his opponent in the October 2015 election, Mark Garber. Garber ultimately won that election.

But when The IND requested those emails, apparently withheld some records and deleted others that were nevertheless captured on the Lafayette City Government servers through which all emails to and from city departments are routed.

Fifteenth Judicial District Court Judge Jules Edwards on Dec. 14 issued an order enjoining Pope from withholding any requested records. The IND originally made its public records requests on Oct. 8 and again on Nov. 30 and on Jan. 4 of this year, Edwards ruled that Pope’s response was “woefully inadequate,” that his withholding of documents was “arbitrary,” and his failure to respond “unreasonable.” http://theind.com/article-22457-Judge-Marshal-Pope’s-response-still-‘woefully-inadequate’.html

By the time Judge Edwards was finished with Pope, the tally was nearly $100,000 in penalties (at $100 per day for each day Pope failed to respond to the requests, or $17,300), plus attorney and expert fees and court costs—and, get this: 173 hours (one hour for each day of non-compliance) of community service instructing government employees on public records law. Oh, the irony!

Just for good measure, Judge Edwards sentenced Pope to one month in jail for contempt of court, suspending all but seven days and reducing that to house arrest.

The judge’s ruling also held Pope personally responsible for all costs and penalties.

Former Lafayette City Attorney Mike Hebert testified during cross-examination that all email traffic “got routed through LCG (Lafayette City Government) servers, and thus is as much the property of LCG as it would be the marshal’s. As soon as we became custodians we became responsible for producing the records,” he added.

Pope, for his part, fell back on the tried and true “everybody does it” explanation for his using his office for political fundraising purposes. “I’m a political figure,” he said. “I can use my office for my campaign. My predecessor did it, too.” That argument apparently failed to impress Judge Edwards.

Edwards also came down hard on Pope when Pope showed up in court in uniform and armed with his handgun, both of which are contrary to Louisiana law regarding police appearing in court as defendants.

Edwards said that and his “everyone does it” defense provided “remarkable insight” into how Pope runs his office. http://www.theadvertiser.com/story/news/crime/2016/03/24/judge-sentences-lafayette-city-marshal-jail-contempt/82208738/

Appropriately enough, on April 1, Pope’s house arrest was postponed while he appeals his contempt conviction. http://theadvocate.com/news/acadiana/15361890-123/house-arrest-for-lafayette-city-marshal-brian-pope-postponed-during-appeal-in-public-records-case

The Lafayette case is one of the ugliest public records lawsuits in the state since the brouhaha over the LSU Board of Supervisors’ furtive selection of F. King Alexander as LSU President. But that doesn’t mean things can’t get nastier. With the explosion of Internet blogging generating more public records requests, any immovable objects (resistance or reluctance in complying) is certain to be met by the irresistible force (litigation).

Bloggers like Elliott Stonecipher, Jason France, and yours truly, along with citizens like James Finney, Barbara Ferguson, and Charles Hatfield, some members of the media, and legislators like State Rep. Jerome “Dee” Richard are going to keep pushing for more sunshine so long as there continues to be contracts with 50 blank pages or superficial “investigations” like the charade recently carried out by State Police in the Burl Cain and Angola State Penitentiary episode.

We are going to keep digging as long as we have officials attempting to sneak illegal retirement benefit increases into legislative bills during the closing minutes of legislative sessions. We will keep making public records requests into questionable methods of investigation and punishment carried out by autonomous boards and commissions like the State Dentistry Board and State Board of Medical Examiners. We will continue to ask questions when we observe a double standard in how we are expected to comport ourselves as citizens and how public officials are allowed to conduct themselves in their official capacities—be they agency heads, elected officials, regulatory boards and commissions or law enforcement agencies.

And when we encounter that immovable object, that resistance to transparency, we will continue to haul your butts into court until we are on a first-name basis with every judge in Baton Rouge. Reluctance or denial on your part will only strengthen the resolve on our part.

After all is said and done, we deserve two things from our government:

An even playing field where all live under and abide by the same rules;
The right to see, hear, and know that even the most obscure agency carries out its business in an upright, honest and fair manner.

We will accept nothing less.

And we shouldn’t have to sue someone to earn that right

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Campaign contribution reports belie claim by State Police commissioner he ceased political activity after 2013 letter; meanwhile, Senator’s bill poses a danger to civil service

Posted in Commissions, Corruption, Elections, Ethics, Governor's Office, Legislature, Legislators, Politicians, State Police, Transparency on March 31, 2016| 9 Comments »

State Police Commission member William Goldring claims in an email that he ceased making political contributions after he received a letter from former Gov. Bobby Jindal’s office nearly three years ago informing him of a constitutional prohibition against political activity.

Copies of campaign reports obtained by LouisianaVoice, however, indicate that four companies controlled by Goldring contributed more than $95,000 to various political campaigns subsequent to the July 3, 2013 letter.

The State Police Commission is currently wrestling with an investigation of political contributions by the Louisiana State Police Association (LSTA) even as three commission members, including Goldring, have come under scrutiny for their own contributions to political campaigns.

Meanwhile, LouisianaVoice has learned of a bill currently pending in the legislature that would repeal the constitutional prohibition against political activity not only by commission members and state police, but state civil service workers as well.

Senate Bill 76 by State Sen. Ryan Gatti (R-Bossier City) calls for a constitutional amendment to be approved by voters that would repeal the prohibition against political activity but would leave intact the prohibition against civil service employees seeking political office. http://www.legis.la.gov/legis/ViewDocument.aspx?d=978216

Gatti’s bill, which would require two-thirds passage of both chambers, would delete the passage of the current law that says no person shall “solicit contributions for political purposes from any classified employee or official” while leaving in the prohibition against “use or attempt to use (one’s) position in the state or city service to punish or coerce the political action of a classified employee.”

All that sounds great in theory but we also know how the subtleties of the system work. Refuse to contribute to the boss’s candidate and suddenly the employee begins to get less than favorable performance reviews. He starts getting written up for minor infractions considered insignificant before. The chances for promotion dwindle and eventually disappear altogether.

That’s precisely why Civil Service was created in Louisiana in the first place by Gov. Sam Jones (1940-1944). Gov. Earl Long (1944-1948) dismantled Civil Service in favor of the old spoils system but Gov. Jimmie Davis reinstated Civil Service during his second term (1960-1964).

It’s not enough, apparently, to siphon contributions from the lobbyists, state contractors and PACs, but now they want to bleed state employees already fearful for their jobs after the eight-year reign of terror by Bobby Jindal. To put it simply as possible, this bill would be nothing but a return to the Huey Long Deduct Box era.

While restricting political activity on the part of classified employees, civil service rules also give them protection from just the kind of coercion they will be forced to endure should Gatti’s bill succeed. And if you don’t believe that intimidation will become a reality, I have a beautiful bridge in Brooklyn I’ll sell you cheap.

But back to Goldring, Freddie Pitcher and Commission Chairman Franklin Kyle, the three whose political contributions have put them in the spotlight because of their role in investigating political contributions by LSTA.

LouisianaVoice made another public records request, this one for “all correspondence from any commission members relative to any notice of resignation from the commission.”

We learned from that request that each of the three fell back on the explanation that they didn’t know the rules. That’s a thin excuse. For Pitcher who served as a district court judge and then as a judge on the First Circuit Court of Appeal, pleading ignorance of the law is especially disappointing.

This is the email string we received pursuant to our request:

From: Franklin Kyle
Sent: Tuesday, March 29, 2016 5:15 PM
To: Freddie Pitcher Jr.
Cc: Cathy Derbonne; Lenore Feeney; Thomas Doss; lfgrafton; Donald Breaux; Calvin W. Braxton, Sr.; Bill Goldring
Subject: RE: State Police Commission / Resignation

Freddie:

I appreciate this email, and completely understand your position. I, too, in my first term, was appointed, sworn in, and given an extensive rule book in which to abide by. It is a cumbersome document, but admittedly one that was provided. I think it would behoove all new in-coming commissioners to be fully briefed on the restrictions placed upon their appointment by the Executive Director and staff so these issues will not occur in the future. Had that been done, I am confident that this issue would have never arisen.

With regards to your service on the Commission, I can’t thank you enough for your time, insight, and experience in dealing with the charges of this body. You have truly been an asset to the Commission, and a wonderful blessing to work with. On behalf of the entire Commission and staff, I wish the best in all you do.

Franklin Kyle, Chairman

From: Freddie Pitcher Jr.
Sent: Tuesday, March 29, 2016 3:15 PM
To: Franklin Kyle
Cc: Cathy Derbonne; Lenore Feeney; Thomas Doss; lfgrafton; Donald Breaux; Calvin W. Braxton, Sr.; bill@
Subject: Re: State Police Commission / Resignation

Dear Chairman Kyle,

After reading Bill Goldring’s email I feel compelled to weigh in on the conversation regarding Commission members making campaign contributions. Like Bill, I did not have the benefit of an orientation when I was sworn in as commission member. Nor was I made aware of such prohibition when Bill or our esteemed Chairman was made aware of the prohibition. It was not until this controversy regarding the State Trooper’s Association members questioning the use of association funds to make campaign contribution that I was made privy to the rule through Commissioner Braxton. I then had to call Cathy to find that my name was being mentioned very prominently in a Blog that was reporting on the contribution issue. But for the last minute heads up, I would have been completely caught off guard by the reporter last week who wanted to know if I was being forced or pressured to step down from the Commission. As you may have read, I responded by stating that “I am stepping down of my on volition.”

Now that I am fully aware of the prohibition, I feel that I must step down as a Commission Member so I will not feel constrained in my desire to help persons who I would like to support politically. I ran for elective office twice and would not have been successful but the campaign contributions I received from my friends and supporters.

Like all of us who serve on the Commission, it was a fulfillment of my civic responsibility. At no time during my service was I presented with an issue where I was conflicted because a contribution I may have made. And had one presented itself I surely would have recused myself.

I wish the Commission members and staff all the best as you carry out the charge of the Commission.

Freddie Pitcher

On Mar 29, 2016, at 12:42 PM, Bill Goldring wrote:

Cathy,

After reading Franklin Kyle’s letter, I felt a need to go the record to be responsive. When first asked to go on the Louisiana State Police Commission by Governor Jindal I hesitated, in that over many decades I had been asked by many governors to serve on various boards and commissions, all of which I had turned down (i.e. Louisiana Board of Regents). Only because of my keen interest and involvement and support of law enforcement for the past 30 years, did I accept. Upon joining the commission there was absolutely no orientation or rules that were given to me. Approximately 3 years ago, there was a vacancy on the commission and I was asked who might be a suitable candidate to fill the spot. I suggested a prominent businessman, Boysie Bollinger who was accepted and sworn in. Within 24 hours he resigned when his attorney informed him of a ruling forbidding anyone on the commission to make political contributions or be involved in a political campaign. Mr. Bollinger personally called me to make me aware of the ruling which I was never informed. I then called and wrote to the governors office to get a full explanation of the responsibilities of commission members, which were never given to me. Since then I have been solicited personally (orally and by mail) by hundreds of people who I have continually turned down as well as sent them a copy of my enclosed correspondence. Just a few are listed below (feel free to contact them).

U.S. SENATOR DAVID VITTER

U.S. SENATOR MARY LANDRIEU

MAYOR MITCH LANDRIEU

U.S. SENATOR WILLIAM CASSIDY

U.S. CONGRESMAN CEDRIC RICHMOND

U.S. CONGRESSMAN JOHN FLEMING

CITY COUNCILPERSONS STACY HEAD, LATOYA CANTRELL AND SUSAN GUIDRY.

I certainly take my duties and responsibilities seriously and have abided by the framework and regulation of the commission. There is no reward or personal gain by my serving on the Louisiana State Police Commission and only do so as a civic responsibility.

With regards,

Bill Goldring

PS- as a final note, I fully understand rules and regulations put on state troopers, but cannot understand commission members having to adhere to same in that we do not come in contact with the public.

It’s perception, Mr. Goldring and when you’re in public service, perception is everything.

Candor is part of the equation making up perception and you haven’t been completely candid.

While Goldring did in fact cease all individual political contributions following that 2013 letter from Jindal Executive Counsel Thomas Enright, companies that he controls most certainly did not.

LETTER TO GOLDRING

Among the recipients of his corporate generosity were legislators, political action committees, State Treasurer John Kennedy, New Orleans Mayor Mitch Landrieu, failed attorney general candidate John Young, Gov. John Bel Edwards, and several minor candidates.

CRESCENT CROWN CONTRIBUTIONS

MAGNOLIA MARKETING

REPUBLIC NATIONAL DISTRIBUTION

SAZERAC

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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 »

(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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State Police Commission members probing LSTA appear to have committed similar campaign contribution violations

Posted in Boards, Campaign Contributions, Commissions, Elections, Ethics, Governor's Office, Politicians, Public Records, State Police on March 10, 2016| 12 Comments »

Today’s scheduled meeting of the State Police Commission to decide whether or not to conduct an official investigation into the Louisiana State Troopers Association (LSTA) has been cancelled because of an illness in one commissioner’s family and because of severe flooding in north Louisiana where some of the commissioners live.

The delay may have been convenient for three of the commission members in that the delay will give them time to formulate an explanation for their own actions.

The commission is charged with the responsibility of investigating individual state troopers accused of wrongdoing and to preside over appeals of punishment handed out to troopers.

The issue before commissioners is the controversy that arose after the LSTA funneled campaign contributions through the organization’s executive director to political candidates. State law prohibits individual state troopers from participating in political campaigns in any form, including endorsements and making campaign contributions.

Because the association’s funding comes largely from membership dues, the laundering of the contributions through the personal account of Executive Director David Young and the ensuing reimbursement of Young for “expenses” prompted outcries from LSTA membership.

Those protests were mostly voiced by retirees because active troopers are reluctant to openly criticize the association’s activities for fear of reprisals and LSTA, in a recent letter to members, seized on that lack protests from active members in an attempt to shift the blame on what it characterized as disgruntled retirees who had been mostly inactive until the issue flared up.

In more familiar parlance, that is known as shooting the messenger.

Among the more visible recipients in recent years, Bobby Jindal and Gov. John Bel Edwards each received in excess of $10,000 and the LSTA even set the precedent of endorsing Edwards in last November’s general election against U.S. Sen. David Vitter but stopped short of complying with a request from State Police Superintendent Mike Edmonson for the association to write a letter of endorsement for Edmonson’s reappointment by Edwards.

Edwards did, in fact, re-appoint Edmonson but following the flap over the campaign contributions, returned the money he received from LSTA. Jindal did not return his contributions.

Retired State Trooper Leon “Bucky” Millet said on Wednesday that the commission appears to be “circling the wagons” in its own defense, given revelations that three of the commission member violated the same statutes against political involvement the LSTA members are being accused of violating. http://laspc.dps.louisiana.gov/laspc.nsf/b713f7b7dd3871ee86257b9b004f9321/85d048928ae51fa086256e9a004cc8e8?OpenDocument

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

LSTA legal counsel Floyd Falcon told the commission that he did not know why the checks to various political candidates were made in Young’s name.

Young, however, admitted the maneuver was an attempt by LSTA to attempt to circumvent civil service and commission rules when he told the commission he made the contributions as a non-state employee so “there could never be a question later that a state employee made a contribution.” https://louisianavoice.com/2016/01/15/louisianavoice-exclusive-at-long-last-it-can-be-disclosed-that-the-reason-for-all-the-problems-at-state-police-is-us/

On Wednesday, an announcement was posted on the commission’s Web page by commission Chairman Franklin Kyle of Mandeville that said Thursday’s meeting was cancelled “due to the lack of a quorum.” http://laspc.dps.louisiana.gov/laspc.nsf/b713f7b7dd3871ee86257b9b004f9321/3723e021aee8206586256e9a004cf303?OpenDocument

But then Kyle went on to say, “I thought it proper to keep the public informed of the ongoing investigation into State Police Commission rules violations” requested by state police retirees.

Kyle said that on March 3, a rule to show cause was issued to the retirees “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.”

Wait. What?

Kyle is putting the onus on two retired state troopers to come up with the names of LSTA members who may have initiated the contributions? Isn’t that 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 they are expected to come up with the names?

Mr. Kyle, it is the commission which has subpoena power, not a couple of retirees. Do your job and issue the subpoenas. That’s how investigations are conducted.

But then again, perhaps Mr. Kyle and a couple of his cohorts have good reason to delay the investigative process. After all, they are under the same rules as state troopers and civil service employees.

Yet, LouisianaVoice has obtained campaign finance records which show that commission members Kyle, Freddie Pitcher, William Goldring, the wives of Kyle and Goldring and one of Goldring’s companies (Magnolia Marketing) have been quite active in making their own political contributions during their time of service on the commission.

In fact, Kyle was appointed to replace shipbuilder-banker Boysie Bollinger of Lockport because of Bollinger’s political activity.

Now that we know of their own participating in making campaign contributions during their tenure on the commission, it will be more than a little interesting to see how the investigation of LSTA will be handled. Will they recuse themselves, leaving the investigation to the four remaining board members?

Or will the commission saddle the retirees with the impossible task of coming up with names of troopers involved in the decision to make the contributions through Young and to reimburse him for his trouble?

Of, as often is the case, will the probe simply quietly go away with no action taken?

This is Louisiana, after all, and we do have a long-standing tradition to uphold.

Here are the links to the campaign contributions of the three members, their wives and Goldring’s business:

FRANKLIN KYLE CONTRIBS FOR FIRST TERM

FRANKLIN KYLE CONTRIBS FOR SECOND TERM

MELISSA KYLE CONTRIBS

WILLIAM GOLDRING CONTRIB

JANE GOLDRING CONTRIB

MAGNOLIA MARKETING CONTRIBS

FREDDIE PITCHER CONTRIBS