Archive for the ‘Ethics’ Category

Colorful. Vindictive. Unorthodox. Illegal. Underhanded. Flamboyant. Egotistical. Unethical. Dishonest. Freewheeling. No holds barred. Down and dirty. Deceitful. Unprincipled. Crooked. Bombastic. Pompous. Arrogant. Self-serving. Zealous.

These are just a few adjectives (believe me, there are many, many more) used by various news reporters down through the ages to describe Louisiana politics and its practitioners.

It may not compare to the quote about U.S. Rep. Claude Pepper by George Smathers, his opponent for the U.S. Senate in Florida way back in 1951:

“Are you aware,” Smathers told a rural, largely unsophisticated gathering, “that Claude Pepper is known all over Washington as a shameless extrovert? Not only that, but this man is reliably reported to practice nepotism with his sister-in-law and he has a sister who was once a thespian in wicked New York. Worst of all, it is an established fact that Mr. Pepper, before his marriage, habitually practiced celibacy and that he and his wife matriculated together before they were married.”

But there are other ways to undercut a political opponent without ever resorting to smear tactics, half-truths, or innuendo and U.S. Rep. Charles Boustany, a Republican, may have just found a way to damage the aspirations of two of his Democratic opponents for the U.S Senate seat being vacated by David Vitter.

Besides the descriptions applied to Louisiana politics in the opening paragraph, astute politicians—particularly conservative Republicans—have allowed two other words to creep into the political lexicon: Evangelicalism and Privatization—as homage to two blocs that have gained considerable stroke in recent years: the religious right and disciples of Milton Friedman’s free market economy.

Boustany, however, also is effectively employing Subterfuge and Misdirection in the tried and true fashion of a slight of hand stage magician and no one has noticed.

Until now.

So, in light of his somewhat low-key TV ads, how is he attempting to obtain an edge through furtive means?

Two words: Joshua Pellerin.

Since 2012, Pellerin, manager of Pellerin Real Estate Holdings and of Pellerin Energy Corp., has contributed at least $8,800 to Boustany’s campaigns for the U.S. House and, since 2015, another $6,800 to his campaign for the Senate.


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Pellerin also is the former manager of Preventive Vascular Screenings, LLC, and Pellerin Imaging Group, LLC.

Boustany is a cardiovascular surgeon, which makes the connection between the two men logical and explains why Pellerin would give financial support to Boustany’s campaigns for the U.S. House and now the U.S. Senate.

Wait. The U.S. Senate?

If you scroll down the list of the 24 candidates vying for the U.S. Senate, you will see that number 21 on that list (they’re in alphabetical order) is none other than Democrat Joshua Pellerin.

So we have a Democratic candidate for the U.S. Senate contributing $5,600 to the campaign of one of his leading opponents for the position—a Republican, no less.

That doesn’t make any since.


Unless Pellerin is a “dummy” candidate inserted into the race in an effort to draw votes away from fellow Democrats—Public Service Commissioner Foster Campbell and Caroline Fayard.

So who is the “dummy” candidate on the Republican side to draw votes from Boustany’s biggest challenger, fellow physician and Republican U.S. Rep. John Fleming? Why, that would be none other than the ultimate dummy, David Duke. Fleming and Duke are battling for much of the same constituency—the Trumpers—and while Duke is destined to finish near the bottom, Fleming’s biggest hope is to pull enough votes from the former high potentate, imperial wizard, exalted grand sovereign (or whatever they call themselves these days) to sneak into the runoff.

It certainly wouldn’t be the first time such a dummy candidate has been propped up to split an opponent’s vote. There were rumors, denied by Edwin Edwards, that he had his supporters contribute to the campaign of Tea Party Republican Lenar Whitney two years ago in an attempt to boost her into the runoff which would have greased the skids for him to waltz into Congress. If true, it didn’t work as Garrett Graves ran a strong second to Edwards in the crowded primary and then easily defeated the former governor in the runoff.

The biggest problem facing Boustany is getting Pellerin’s name out there before a sufficient number of Democrat voters. For his part, Pellerin, who has amassed a war chest of only about $300,000 (as opposed to more than $4.3 million in contributions to Boustany), has been making the rounds of Democratic forums in South Louisiana.

With only three weeks before the Nov. 8 election and with such a meager bank account (much of which was contributed by several physicians in the Lafayette area), Pellerin’s best hope to gain name recognition will be those public forums. And with so few Louisiana voters inclined to vote for Democrats these days, it won’t take much chipping at the Campbell-Fayard base to deal crippling blows to their campaigns.

And typical for Louisiana, all it may take is a dummy.

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Contests for the U.S. House and Senate are going virtually unnoticed as the nation becomes more and more transfixed, shocked—and disgusted—at each new charge of sexual abuse and deleted emails that arises in a sordid presidential race no one dared imagine could ever happen in this country.

Also generally overlooked are scores of local elections scattered across Louisiana’s landscape.

One of those is the race for Mayor-President of East Baton Rouge Parish.

Incumbent Mayor-President and erstwhile candidate for Lieutenant Governor Kip Holden is term-limited and has now set his sights on the 2nd Congressional seat now held by U.S. Rep. Cedric Richmond.

Predictably, the job has attracted quite a few applicants—12 to be precise. One of those is Republican State Sen. Bodi White of Central, coincidentally, the largest fundraiser to date.

With just over three weeks to go before the Nov. 8 election, White has begun his TV ad blitz. And like candidates before him (including Holden in his initial run) has included a campaign promise to “improve public education” by “building more schools.”

White knows full well there is no way he can make good on such a preposterous promise because the mayor-president has absolutely zero to do with education. That’s the responsibility of the East Baton Rouge Parish School Board into whose operations the mayor and parish council have no input.

He knows that but to voters who do not know, it sounds wonderful, like a promise from on high. And that’s the sad part; voters are generally uneducated on the issues and their decisions are often based on cockamamie sound bytes like the one currently being aired by White. He could just as easily say he’s going to build a wall along our southern border and make Mexico pay for it. There are, I’m certain, voters who would buy into that just as quickly.

But there’s more to white than blustering campaign rhetoric.

In 2008, he introduced a bill in the Legislature to create the Central Recreation and Park District and take Central out of BREC (BREC is an acronym for Baton Rouge Recreation—we don’t get it, either).

On May 6, 2008, he revealed his ownership interest in a tract of land BREC wanted for a park. Then on May 14, 2008, White and BREC director Bill Palmer announced a “compromise” under which White would withdraw this legislation to take Central out of BREC.

That “compromise” consisted of a resolution for BREC to purchase some of White’s business partner’s land and develop the adjacent land for the company by whom White was employed.

Not too shabby a deal if you can swing it and apparently his position as a state representative gave him just the political stroke to pull it off. No abuse of his office there.

In addition, BREC agreed to pay Parcel 52, LLC, $130,000 to help build a 750-foot-long road with curbs and sidewalks to the BREC site. The road goes through the center of the eight-acre commercial property owned by Parcel 52, LLC, and adds significant value to the commercial property, which could be developed for 10-20 commercial sites or offices. http://www.tigerdroppings.com/rant/politics/bodi-white-proof-that-louisiana-has-low-standards-brec-bribed-him/28772800/

Parcel 52, LLC was registered with the Secretary of State. The partners in the company were Brandon and E. Gordon Rogillio, Jr.  and Rep. Mack (Bodi) White. White, who later relinquished his interest in the property, is a realtor who works for Brandon Rogillio. http://centralcitynews.us/?p=3373

Gordon Rogillio later explained that White invested nothing in the property and received nothing in the transaction. http://centralcitynews.us/?p=3427

White’s boss prospered nicely, however, and therein lies the possible quid pro quo.

A timeline provided by a local newspaper, the Central City News, published by former State Rep. Woody Jenkins, further revealed details of the entire transaction: http://centralcitynews.us/?p=3373

In a throwback to the days of raging newspaper wars (days we sorely miss, by the way), a rival publication, Central Speaks, attempted to exonerate White from any wrongdoing in the BREC flap. http://www.centralspeaks.com/old/rep-bodi-white-brec-sports-park-just-the-facts/

Just another day in good old-fashioned Louisiana politics.

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After all the negative publicity about former Angola Warden Burl Cain, Thursday’s news release was almost enough to restore your faith in the Louisiana Department of Corrections.

That is, until you peel back the layers and take a deeper look beneath the typical hype that regularly comes out of state agencies in order to put them in the best light.

Like almost everything political, Rule One is follow the money. Rule Two is see Rule One.

The glowing news release trumpeted the news that auditors from the American Correctional Association (ACA) had given “high marks” to three Louisiana correctional facilities.

The release touted the 100 percent grades in mandatory standards attained by Louisiana State Penitentiary at Angola, David C. Knapps correctional Officer Training Academy, and Raymond Laborde Correctional Center. Knapps also received a 100 percent rating in non-mandatory standards and Angola and Laborde each received 93 percent in non-mandatory standards.

“ACA audits are done every three years. Other Louisiana state prisons not audited during this cycle will be re-audited in future cycles,” the news release concluded.

But what is accreditation from ACA really worth?

And how much did Department of Corrections Secretary Jimmy LeBlanc pay for the favorable ratings?

The likely answers to those questions are, in order: not much and plenty.


LouisianaVoice, almost three years to the day (Oct. 11, 2013) published harsh criticisms of ACA’s methods of accreditation.

In 2010, Corrections Corporation of America (CCA) trumpeted the re-accreditation of five of its private prisons by ACA. But what CCA did not reveal was that it had paid ACA more than $22,000 for those five accreditations, that CCA employees serve as ACA auditors, that CCA is a major sponsor of ACA events or worse, and that accredited CCA facilities had experienced major security problems.

The ACA relies heavily on such fees; it reported receiving more than $4.5 million in accreditation fees in 2011 – almost half its total revenue that year. The organization thus has a financial incentive to provide as many accreditations as possible.

Notably, the accreditation process is basically a paper review. The ACA does not provide oversight or ongoing monitoring of correctional facilities, but only verifies whether a facility has policies that comply with the ACA’s self-promulgated standards at the time of accreditation. Following initial accreditation, facilities are re-accredited at three-year intervals.

But how do the courts view ACA accreditation – and comparable accreditation of prison and jail medical services by the National Commission on Correctional Health Care (NCCHC) – both in terms of claims alleging violations of accreditation standards and as a defense by prison officials?

The U.S. Supreme Court noted in Bell v. Wolfish, 441 U.S. 520, 543 n.27 (1979) that accreditation does not determine constitutionality. With respect to standards established by organizations such as the American Correctional Association, the Court wrote: “[W]hile the recommendations of these various groups may be instructive in certain cases, they simply do not establish the constitutional minima; rather, they establish goals recommended by the organization in question.” https://www.prisonlegalnews.org/news/2014/oct/10/how-courts-view-aca-accreditation/

The standards are established by the ACA with no oversight by government agencies, and the organization basically sells accreditation by charging fees ranging from $8,100 to $19,500, depending on the number of days and auditors involved and the number of facilities being accredited.

Perhaps it is only coincidence that LeBlanc is a member of the ACA’s Commission on Accreditation for Corrections  (go to the second page of this link) or that Burl Cain is still listed as a member of ACA’s Executive Committee.

One of ACA’s past presidents, Richard Stalder, while serving as Louisiana State Corrections Secretary in 1993, canceled spending on psychiatric counseling for troubled teens so that he could give out $2.7 million in raises to his staff, according to New Orleans Times-Picayune reporter Jack Wardlaw.

In 1998, the new Jena Juvenile Center came under fire for widespread problems, including a near-riot, poor teaching and security and physical abuse and in 1999 the juvenile facility in Tallulah was taken under state control after five years of repeated problems with private ownership despite its having received accreditation and a positive report only six months earlier from ACA and Stalder.

By 1995, the ACA accredited all 12 prisons in Louisiana, passing the last two with a 100 scores. That year, more than 125 prisoners sued Stalder for mistreatment within the prisons. Meanwhile, only a month after Angola prison of Louisiana was accredited, it was reported that around $32 million were needed for repairs so the prison could meet safety requirements, according to Baton Rouge Advocate reporter James Minton.

Stalder rejected all the claims, saying that he and his staff deserved “a pat on the back,” but in June of 1995, Federal Judge Frank Polozola criticized Stalder for the way in which he ran the state prison system.

“Louisiana incarcerates a higher proportion of our citizens than almost any other state,” Stalder said in 1995. “Yet we continue to be frustrated by the reality that many violent and dangerous people who should be locked up are not.”

Later that year, a doctor and a nurse reported severe problems with medical treatment at Angola. Prisoners with fractures were splinted, and then not seen for months, leading to bone deformities. Air from a tuberculosis ward was drawn into the main infirmary. A Justice Department report also found the prison’s medical records to be in terrible shape, according to Advocate reporter Fred Kalmbach.

In June of 1995, Judge Frank Polozola was critical of Stalder for his efforts to hold more inmates in the parish and private prisons of Louisiana, suggesting that Stalder was doing so in order to receive more money from the state government, which pays the sheriffs $21 per day per inmate in a private or parish prison, Minton wrote.

Polozola accused Stalder of catering to Louisiana’s sheriffs by refusing to allow state prisoners, who were supposed to be in the private prisons only temporarily, to return to the state prisons.

Just months later, Stalder was in trouble again when he allowed a can relabeling plant to open illegally at the Angola Prison. He was fined $500. Inmate William Kissinger, a legal adviser to other inmates, then sued Stalder for $600,000 after he reported the relabeling plant to authorities and was consequently removed from Angola prison and put on a prison farm.

The prison at Angola, meanwhile, received the same score from the ACA in 1996 as it did when it was first accredited in 1993.

Although the Louisiana state juvenile facilities attracted attention during 1997 for reports of abuse from guards at the facilities, Stalder himself was not in the spotlight until a private investigator found evidence that Stalder had allowed a priest who had been imprisoned for child molestation to receive special treatment at Wade correctional facility while Stalder was a warden there.

Because Jena’s goal was to meet the accreditation standards, The ACA was also criticized and characterized as “not highly respected…they will judge a facility on whether they have policies and procedures in written form,” wrote Times-Picayune reporter Steve Ritea.


We can’t wait ACA’s re-audit of the other state prisons.

Any bets on what those scores will be?

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Attention State Civil Service employees:

·       There’s no money available for your pay raises for what now, the fifth straight year? The sixth? I’ve lost count.

·       The Office of Group Benefits, by the way, will be increasing your monthly health premiums again.

Attention State Troopers:

·       Gov. John Bel Edwards has signed the necessary documents clearing the way for pay increases as much as 8 percent for you—this in addition to last year’s two pay increasing totaling some 30 percent.

·       And by the way, Gov. Edwards’ signature also clears the way for annual guaranteed pay increases of 4 percent per year for State Police.

The State Police Commission (LSPC) will meet on Thursday (Oct. 13) to make it official.

Attention Department of Public Safety police officers:

·       You are not included.

·       Meanwhile, State Police Superintendent Col. Mike Edmonson’s hunt continues to identify the DPS malcontents who have the audacity to complain about being repeatedly left out in pay raises. Keep your heads down, guys.

The commission also will consider stripping away some of the duties of the commission executive director, according to the commission agenda published on its Web page. This is an obvious effort for Edmonson to seize more power through his puppet, Commission President/State Trooper T.J. Doss. http://laspc.dps.louisiana.gov/laspc.nsf/b713f7b7dd3871ee86257b9b004f9321/0449c2895409d86986258027004fff12/$FILE/10.12.16%20Revised%20Agenda%20(October%2013,%202016).pdf

LouisianaVoice also has learned that the Louisiana State Troopers Association (LSTA) is actively considering amending its by-laws to give it authority to purge its rolls of certain of its members, namely a couple of state police retirees who have questioned certain association activities.

And why not? Obviously pumped by the sham “investigation” of the association leadership’s decision (in open violation of state law) to contribute to political campaigns, including those of former Gov. Bobby Jindal and current Gov. Edwards, the LSTA is feeling pretty confident that it can do whatever the hell it wants with complete impunity.

The commission, you will recall, hired Natchitoches attorney Taylor Townsend, a former legislator, to conduct an in-depth investigation into the decision of certain LSTA leaders to become actively involved in political campaigns by having the LSTA executive director make the contributions in his name and then reimbursing him for his “expenses.” The action, nothing other than money laundering, was cleared by Townsend after he apparently got his marching orders from Edwards who didn’t want any embarrassment after reappointing Edmonson after becoming governor.

Townsend, a major supporter of Edwards and who helped head his transition team after he was elected, subsequent to his quiet recommendation of “no action” regarding the LSTA campaign contributions, was rewarded with appointment to the legal team pursuing legal action against the oil industry to force it to restore the state’s wetlands damaged by drilling. http://www.theadvocate.com/baton_rouge/news/politics/article_354f2c5c-8cc9-11e6-8564-5bb2846bb2e6.html

Townsend, instead of submitting a written report as most investigations require, simply told the commission he recommended “no action,” and the commission complied with no comment. Townsend even admitted he did not admit a recording of an LSTA chapter meeting in which is was admitted that the LSTA violated the law into evidence.

So now that the LSTA has survived that mini-scandal, it wants to rid its membership of retirees who dared question the association’s activities.

One of those retirees, Bucky Millet of Lake Arthur, has become a real burr under the commission’s and the LSTA’s saddles and the LSTA officers desperately want him out. He has attended every commission meeting for nearly a year now and is scheduled to attend Thursday’s meeting. Even worse than attending the meetings, he asks questions and that’s something the State Police hierarchy doesn’t particularly like. 

If the LSPC follows form, it will retreat into yet another executive session where it can discuss a course of action out of earshot of the public.

LouisianaVoice will be there.

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“Just because a cat has kittens in the oven doesn’t make them biscuits.”

It’s a quote attributed to Malcolm X, reprised by Kelsey Grammer in an episode of the number one sitcom Frasier, but actually has its origins in New England. It means, “Just because you were born here, it doesn’t make you one of us.”

It could just as easily be updated to apply to State Superintendent of Education John White’s lame explanation of a settlement of a lawsuit by the Louisiana Department of Education (LDOE) against citizens James Finney, a technical college math instructor and Mike Deshotels, a former educator and past executive director of the Louisiana Association of Educators.

White was quoted in the Baton Rouge Advocate as saying the ruling by 19th Judicial District Judge Janice Clark “merely resolved what had been a conflict between two laws” because federal law instructed the department not to release data that could be used to personally identify a child while state law mandated the disclosure of all public records.


Bull feathers.

Department legal counsel Joan Hunt said in a Wednesday email to members of the state Board of Elementary and Secondary Education (BESE) that a declaratory judgment was sought to resolve “tension” between free disclosure of public records and protection of student information according to federal law.


Neither Deshotels nor Finney ever requested information that would identify a single student.


And John White knew that. Period.

Since becoming Superintendent of Education in January 2012, White has made a career of stalling on compliance with public records requests if not denying them outright.

LouisianaVoice was once forced to sue white over public records and won an award of $2800 ($100 per day for each day delayed per request), plus court costs. The only downside of that judgment was that White was not held personally liable, meaning the $2800 and court costs were picked up by Louisiana taxpayers.

But in suing two Louisiana activist citizens (who admittedly had been something of a nuisance to White with their monitoring of the department), White reached a new low in attempting to avoid being held accountable for the manner in which he runs the department.

His lawsuit, in terms of disgraceful acts, ranks right down there with those judges in Monroe who sued the Ouachita Citizen, a newspaper in West Monroe. The newspaper’s sin? It made public records requests of the court.

Do we detect a disturbing trend here? You bet we do. The Louisiana Department of Education, district courts, and other public bodies have virtually unlimited financial resources at their disposal and most, like the Department of Education, have in-house legal counsel like Joan Hunt. They can initiate lengthy—and costly—legal action against any citizen and people like John White and district judges don’t have to pay a penny of the costs of litigation, courtesy of Louisiana taxpayers.

Private citizens do not enjoy that same advantage. It’s not a level playing field. And even if the public body does not sue, it can drag its heels on compliance, forcing the citizen making the request to either give up or enter into expensive legal action with no guarantee the court will uphold the public’s right to know.

At last Monday’s hearing, Judge Clark let it be known that her patience was wearing thin with public officials who attempt to hide behind legal maneuvers in an attempt to avoid compliance with the law.

The LDOE attorney opened by saying the department had “informal guidance” from the federal government that “we do not have to comply with FOIA (Freedom of Information Act) requests.”

Perhaps sensing the mood of the court, the state withdrew its demands for attorney fees from Deshotels and Finney, adding that “only two people are interested in the data.”

Judge Clark said it was an “improper purpose” to deny information to the public as a retaliatory action.

“Counsel should meet and work this out,” she said. “The public (meaning the court) takes a dim view of public officials using public resources to delay compliance with public records laws.”

Deshotels attorneys J. Arthur Smith and Chris Shows met outside chambers for more than two hours with LDOE attorneys but were unable to arrive at an agreement on the release of the requested documents.

When informed of the continued impasse, Judge Clark, visibly angry, said, “I am issuing a subpoena for John White to be in court at 9:30 tomorrow (Wednesday) morning for cross examination.”

When White got word of that, it was something akin to Moses coming down from the mountain with the 10 Commandments. Suddenly minds came together and miraculously, there was accord and LDOE agreed to three stipulations which settled the suit filed in April by White and the department against Deshotels and Finney. http://www.theadvocate.com/baton_rouge/news/education/article_536e2fac-b5e2-575c-87f6-1a991bf0f455.html?sr_source=lift_amplify

The first stipulation mandates that the suppression of data in the economically disadvantaged and English language learner or English proficiency sub-groups of the Education Department’s multi-stat reports is not in compliance with the Louisiana Public Records Act.

The department agreed not to suppress student enrollment data in responding to requests made under the act in the second stipulation.

The final stipulation says requested data will be made available to the public dating back to 2006.

Deshotels said the declaratory judgment filed against him and Finney was never about clarifying the legal issues relative to certain public records and student privacy as claimed by White.

Instead, he said White’s action was “purely an attempt to discourage citizens from seeking to independently research the claims and conclusions made by White and his staff.” “If citizens are forced to face legal challenges and high legal fees for seeking public records, the Department can continue to manipulate and spin what should be factual information about the operation of our schools.”

Sadly, Judge Clark’s ruling will do little to expedite timely compliance with future public records requests to other state agencies.

Even as this is being written, former commissioner of administration Kristy Nichols has already cost the state more than the original judgment against her in another lawsuit by LouisianaVoice.

LouisianaVoice received a pittance in a lawsuit in which the Division of Administration (DOA) under Nichols had dragged its heels for more than three months on several separate public records requests.

LouisianaVoice calculated DOA owed some $40,000 in penalties for non-compliance but was awarded less than $2,000, plus costs and legal fees, by the court. Even then Nichols appealed the decision. And although the court held Nichols personally liable, meaning she alone was responsible for the penalty, the state is picking up the tab for that appeal, which partially upheld the district court ruling.

Nichols, still not satisfied, and still not paying a cent of the legal costs (though LouisianaVoice is paying its legal costs, applied for writs to the Louisiana Supreme Court.

As of this date, the state has spent far, far more than the penalty imposed on it in trying to avoid paying the penalty and LouisianaVoice has spent more than it will ever be awarded, provided the Supreme Court even upholds the lower court.

And while the obvious question is: Is throwing good money after bad a wise way to spend state funds? An original penalty of less than $2000 has now cost the state several times that in defense costs and the tab is still running.

And John White’s obfuscating dribble notwithstanding, that’s what Louisiana citizens are faced with in trying to hold its state government accountable.



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