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Archive for the ‘Ethics’ Category

No sooner had I posted a story earlier today lamenting the depth of political corruption and chicanery in Louisiana than up pops yet another story about which every single one of the state’s 4.5 million citizens should be irate.

While this is not a call for the pitchforks and torches, the citizenry should be up in arms over a letter to State Rep. Helena Moreno (D-New Orleans) from a New Orleans teacher named Gwendolyn V. Adams.

It’s a letter that should go viral because it hammers home once again the question of one of the best examples of political corruption in the state.

Legislator’s Tulane scholarships.

Tulane is one of the biggest tax scams going. Act 43 of the 1884 legislature obligated Tulane to give scholarship waivers to state legislators and to the mayor of New Orleans and they in turn select the recipients of the scholarships.

Altogether the 145 scholarships cost Tulane something on the order of $7 million per year, based on current tuition costs. https://admission.tulane.edu/sites/g/files/rdw771/f/LegislativeScholarshipFAQ.pdf

So, what did Tulane get in exchange for such a legislative requirement?

Tax exemptions. Specifically, property tax exemptions totaling about $25 million per year. https://louisianavoice.com/2013/10/22/deja-vu-all-over-again-house-clerk-butch-speer-denies-public-access-to-tulane-legislative-scholarship-records/

The scholarships are supposed to go to deserving students in legislators’ respective districts who otherwise might not be able to afford a college education. Instead, they quickly became a form of political patronage whereby family members, judges and political cronies shoved deserving students aside, taking the scholarships for their kids. http://www.tulanelink.com/tulanelink/scholarships_00a.htm

I first wrote about the issue way back in 1982 and it has been written about by numerous publications and reporters since but the abuse persists as legislators continue with their “in-your-face practices of doling out scholarships to family, friends and political hacks.

The story I wrote was about then-State Sen. Dan Richie awarding his scholarship to the relative of Rep. Bruce Lynn of Shreveport who gave his scholarship to Richie’s brother.

The practice has continued unabated ever since with scholarships going to recipients like family members of former Crowley Judge Edmund Reggie, who received some 34 years’ worth of Tulane scholarships valued at about $750,000, based on 1999 tuition rates. The son of former St. Tammany Parish District Attorney Walter Reed received a scholarship valued at about $172,000 over four years. http://www.tulanelink.com/tulanelink/scholarships_13a.htm

The latest to come to light is Rep. Moreno who, although she represents a district in Orleans Parish, awarded her scholarship to the son of her Jefferson Parish political consultant Greg Buisson, whose company, Buisson Creative, was paid nearly $14,000 by Moreno in 2010.

She is currently a candidate for New Orleans City Council at-large.

Here is Adams’s letter to Moreno:

Dear Rep. Morano (sic):  

I write to you as an educator for 27 years as a classroom teacher, 4.5 years as a professional development educator for teachers, and private tutor/LEAP tutor at  a local charter school, and express my profound disappointment in your decision to award $150,000 to the son of a Metairie-based political consultant on your payroll.  

For the years 2012-13, 2013-14, and 2014-15, you gave your Tulane University Legislative scholarship – worth over $150,000 in free tuition – to the son of your paid political consultant, Greg Buisson. Greg Buisson, a resident of Metairie, is a long time controversial fixture in Jefferson Parish politics.

According to the New Orleans Advocate (October 24, 2013), “State Rep. Helena Moreno, D-New Orleans, has awarded her scholarship for the last two years to Collin Buisson, son of Greg Buisson, a veteran political consultant who has been handling Moreno’s campaigns and communications since she quit television journalism and went into politics in 2008.”

Greg Buisson has been paid hundreds of thousands of dollars in fees from his Jefferson Parish political connections and Buisson could certainly afford to pay his son’s Tulane tuition. For a number of years, Buisson has been on Moreno’s political payroll, earning thousands of dollars as her political consultant. In fact, I understand he ran your unsuccessful campaign for Congress in 2008. 

Rep. Moreno, are you now the Queen of Cronyism in regional politics? 

Further, the following article discusses your dismal record that includes awarding hundreds of thousands of dollars in scholarships to students outside of New Orleans.

Rep. Moreno, you do not deserve promotion to New Orleans City Council At-large. You’ve proven yourself to be disloyal to the thousands of hardworking families and deserving students in your own Legislative District 93 – qualified students from McDonough 35, Joseph S. Clark, St. Augustine and other schools in the district you are supposed to represent. You’ve passed over these students to award much more than $150,000 to your privileged political consultant – a Metairie, Jefferson Parish resident! It’s just beyond insulting!  

What is your excuse? Were these scholarship monies awarded to the family of your political consultant in lieu of payment for services that should have been recorded in the State of Louisiana Board of Ethics Campaign Finance Disclosure Forms? Is the only way to get your attention: pay for play?  

We don’t need this corruption in New Orleans city government.  

I cannot imagine you serving as New Orleans City Council President. Maybe the Jefferson Parish School Board? Do not reward political cronyism. 

Sincerely,

Gwendolyn V. Adams

 

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Earl Long, Jimmie Davis, John McKeithen, Edwin Edwards, Dave Treen, Bubby Roemer, Mike Foster, Kathleen Blanco, Bobby Jindal, John Bel Edwards.

Each of these governors has left his or her mark on Louisiana. Some have been good, some bad, and some, for lack of a better term, indifferent.

Earl Long, for example, gave Louisiana school children hot lunches. His brother Huey gave them free text books.

Davis gave the state a civil service system that, while not perfect, was designed to protect workers from a political spoils system.

But what none has been able to do is to lift the state out of the quagmire that defines Louisiana as one of the worst places to live in terms of quality of life, income, job growth, education, and overall health.

It’ll be left up to the historians to determine if that is the fault of the governor, the legislature, or the general political climate that has been allowed to permeate the system, leaving the state’s citizens with a mass feeling of resignation to the prospect that that’s just the way it is.

If it’s the latter, then we have allowed our state to move into a downward spiral from which becomes increasingly difficult to recover. Only those with the power and resources which, when combined, produce political influence, may prosper in such a climate.

When we become so complacent and inured to low expectations and even lower achievements, only those who are unscrupulous, devious, and manipulative will see a path to riches—to the detriment of those of us who allow it to happen.

But it doesn’t have to be this way. We don’t have to be satisfied with the status quo where we keep electing the same political opportunists who belly up to the trough to get first shot at the goodies, leaving the scraps for the rest of us.

Those people never seem to go away and whose fault is that?

I’m beginning to have serious doubts, for example, about the state’s Restore Louisiana program created to help victims of the 2016 floods. How many homeowners have actually been helped so far as opposed to those who find endless obstacles created by bureaucratic red tape—all while employees of the program continue to collect paychecks? How much of that recovery money is being eaten away by salaries of those who are supposed to be helping flood victims?

The governor says the hurricanes that struck Texas and Puerto Rico may slow the recovery process in Louisiana.

Why is that? Hasn’t the money already been appropriated for Louisiana? Why should the recovery process be slowed by those events if the money is already in place to help?

Perhaps it’s all just a part of the overall attitude of our politics as usual which has the state ranked as the third worst state in which to live, according to 24/7 Wall Street, the service which produces some 30 news releases per day on such things as state rankings, college rankings, the economy, and other issues.

LSU football has dropped out of the top 25 rankings. Louisiana has never been in it—except perhaps in the rankings of corruption, graft and ineptitude.

It’s latest ranking, released today, shows that Louisiana 10-year population growth of 6.4 percent is the 13th lowest. Could that be because our unemployment rate of 6.3 percent, according to the service, is third highest in the nation, or that our poverty rate of 19.6 percent (that’s about one of every five people in the state) is also third highest, or that our life expectancy at birth of 75.4 years is the fourth lowest?

What have our leaders done to address these issues?

  • They have fought increasing the minimum wage;
  • They have rejected efforts to ensure that women are paid the same as men for performing the same work;
  • They have robbed our colleges and universities of funding, forcing them to raise tuition which, in turn, is putting a college education out of reach for many;
  • They have decimated our medical teaching universities by giving away our state hospitals;

They have consistently looked the other way as the bad news mounts up but have proved themselves to be most diligent in:

  • Protecting the right to bear semi-automatic weapons;
  • Giving away the state treasury to business and industry in the form of general tax breaks that have to be made up by the rest of us;
  • Enacting tougher and tougher penalties for minor crimes that have produced a state with the highest incarceration rate in the civilized world;
  • Allowing our infrastructure (including more than a billion dollars in maintenance backlogs at our colleges and universities) to crumble beneath us with no solution in sight because of a lack of funding;
  • Protecting young girls by dictating a minimum age for exotic dancers while allowing the state to become a feeding ground for predators calling themselves adoption agencies that in reality, are little more than baby brokers;
  • Enacting legislation for faith-based charter schools and then raising holy hell when one of those applicants turns out to be an Islamic school.

Sure, we can stick out our chests and proclaim that at least we aren’t Mississippi which has the fifth-highest unemployment rate at 5.9 percent, the highest poverty rate (22.0 percent), and the lowest life expectancy at birth (74.5 years).

But in the final analysis, that’s really grabbing at straws.

Arkansas and Alabama rank ahead of Louisiana (fourth and fifth worst states in which to live, respectively).

Arkansas’s poverty rate is fourth-highest at 19.1 percent and its life expectancy at birth is seventh-lowest at 75.8 years.

Alabama has an unemployment rate of 5.7 percent (seventh-highest), a poverty rate of 18.5 percent (fifth-highest), and the second-lowest life expectancy at birth (75.2 percent).

Well, who, you might ask, is lodged between Louisiana and Mississippi for second-worst state in which to live?

That would be West Virginia, with the fourth-highest unemployment rate (6.0 percent), the seventh-highest poverty rate (17.9 percent), and the third-lowest life expectancy at birth (75.4 years).

Do you find it interesting that these same five states are always clustered at the bottom of all the rankings?

Know what else is interesting?

They’re all red states.

Isn’t it time we changed the mentality in Louisiana?

Isn’t it long past the time when we should be breaking out of the pack?

Shouldn’t we be asking really hard questions of our elected officials—from governor all the way down to the courthouse?

And the really soul-searching question:

Shouldn’t we turn off Dancing with the Stars and football and become involved in the recovery of a rotting state?

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If you really want to know what’s wrong with our political system and the people we elect to office, it can be summed up in the current race for State Treasurer.

Here are the Duties of that office:

According to Article IV, Section 9 of the Louisiana Constitution, the treasurer is head of the Department of the Treasury and “shall be responsible for the custody, investment and disbursement of the public funds of the state.” The Treasury Department website outlines the treasurer’s duties:

  • receive and safely keep all the monies of this state, not expressly required by law to be received and kept by some other person;
  • disburse the public money upon warrants drawn upon him according to law, and not otherwise;
  • keep a true, just, and comprehensive account of all public money received and disbursed, in books to be kept for that purpose, in which he shall state from whom monies have been received, and on what account; and to whom and on what account disbursed;
  • keep a true and just account of each head of appropriations made by law, and the disbursements under them;
  • give information in writing to either house of the Legislature when required, upon any subject connected with the Treasury, or touching any duty of his office;
  • perform all other duties required of him by law.
  • advise the State Bond Commission, the Governor, the Legislature and other public officials with respect to the issuance of bonds and all other related matters;
  • organize and administer, within the office of the State Treasurer a state debt management section

https://www.treasury.state.la.us/Home%20Pages/TreasurerDuties.aspx

Nowhere in al that does it even once say or even imply that the job has once scintilla to do with:

  • standing with President Trump to create new jobs or to cut wasteful spending, as former Commissioner of Administration Angele Davis would have us believe in her TV ads;
  • fighting to make drainage and infrastructure top priorities in the state budget, as State Sen. Neil Riser insists in his TV ads;
  • having the guts to say “No! No to bigger government, no to wasteful spending and to raising your taxes,” as former State Rep. John Schroder proclaims in his TV ads, or
  • stopping cuts to education, healthcare and wasteful government spending, as the TV ads of Derrick Edwards insist.

http://www.wafb.com/story/36425632/la-treasurer-candidates-launch-tv-ads-analyst-calls-them-flimsy-on-duties-of-office

So, why do they insist on campaigning on issues in no way related to the actual duties of the position they are seeking?

For the same reason candidates for Baton Rouge mayor (former Mayor Kip Holden and State Sen. Bodie White, who ran unsuccessfully for the job, come to mind) consistently campaign every four years on improving schools and reducing the number of school dropouts when the mayor’s office has zilch to do with the school board:

They consider the average voter to be unsophisticated, ignorant fools who don’t know any better. Or they’re so stupid they don’t know any better themselves. Those are only two choices.

Period.

Their campaign ads clearly illustrate the complete and total disdain the treasury candidates have for Louisiana voters. They obviously think they can throw up (ahem) fake news and pseudo issues that leave voters in complete darkness about each candidate’s relative qualifications to hold the job.

And by so doing, they send a loud message that neither is qualified for—or deserving of—the job.

When John Kennedy, who had previously served as Secretary of Revenue, an appointive position, ran for treasurer in 1995, he ran a somewhat relevant ad that said, “When I was Secretary of the Department of Revenue, I reduced paperwork for small businesses by 150 percent.”

That ad carried a message that actually resonated with small business owners drowning in paperwork and which at least sounded germane to the office of state treasurer—never mind that it was physically impossible to reduce anything by 150 percent. Once you reduce something by 100 percent, you’re at zero.

All of this rant about the four candidates for treasurer and the lame campaign rhetoric of candidates for Baton Rouge mayor—and just about any other political office you can name—just illustrates to what lengths politicians will go to cloud the real issues and to shy away from discussing matters they can actually address when in office.

How many times have you heard a candidate for U.S. Representative or U.S. Senate implore you to send him to Washington so that he can “make a difference”?

It’s disingenuous at best, fraud at worst.

So, on Oct. 14, be sure to go to the polls and cast your vote for one of the four frauds running for treasurer.

It’s the Louisiana way.

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The fallout from last October’s cross-country drive to San Diego via the Grand Canyon, Hoover Dam and Las Vegas in a state police vehicle has resulted in the demotion of two state troopers who took part in the drive.

Lt. Rodney Hyatt was demoted to sergeant, and Capt. Derrell Williams was bumped down to lieutenant. Both troopers received corresponding reductions in pay along with their demotions.

Both men have the option of appealing their respective disciplinary actions.

But they didn’t go down without a fight and without throwing former State Police Superintendent Mike Edmonson, who was forced into retirement over the trip that also included a dozen other state police personnel, under the bus. It all comes down to “who do you believe?”

And Hyatt, so sure was he that he was blameless in the circuitous route taken by the four, recently applied for promotion to captain despite his pending demotion.

Moreover, Williams was cited for receiving a semi-nude photograph from a female friend on his state police email account via his state-issue cell phone and for transmitting a suggestive photo of himself to that same female friend on his state email account.

Both men fired off lengthy letters defending their actions to the State Police Internal Affairs Section that Williams once headed. In Hyatt’s case, his letter was 12 pages in length while Williams’s letter was 10 pages.

Hyatt, in particular, attempted to shift the blame for driving the state vehicle (which was assigned to then-Assistant Superintendent Charles Dupuy, for overstating his overtime, for staying in expensive hotels, and for visiting Vegas, the Grand Canyon and Hoover Dam along the way, to Edmonson.

Williams, for his part, said simply that “None of the (other) officers in the state vehicle were in my chain of command,” and that upon his return to Baton Rouge, Edmonson “signed off on my state credit card expenditures showing the prices and places where we stayed.”

The disciplinary letters from State Police Superintendent Col. Kevin Reeves to Hyatt and Williams were each 10 pages in length but the letter to Hyatt appeared to pack the most punch and its entire 10 pages were summed up in a single sentence:

“Your response merely attempts to shift responsibility for your actions to others,” Reeves said.

Still, it’s difficult to imagine that the four would have gone off on a sightseeing trip in a state vehicle without Edmonson’s knowledge and blessing.

Reeves also said that Hyatt not only submitted padded time sheets for hours not worked but that he forwarded copies of his time sheet to Troopers Thurman Miller and Alexandr Nezgodinsky, who also made the trip in the state vehicle, “to show them how to claim their time for the travel and training.”

Hyatt, in his letter said he was initially asked by Edmonson if he wanted to attend the International Association of Chiefs of Police (IACP) conference that was held in conjunction with the State and Provincial Police Planning Officers Section (SPPPOS) meeting. Hyatt said he told Edmonson he did wish to attend both conferences at which point Edmonson said, “If you go, you have to drive.” He said Edmonson then said, “Take your wife and have a good time.”

“I have never taken my wife in my entire 20-year career to any work-related conference,” Hyatt said. “Had Edmonson not told me to, I would not have brought her. However, being a paramilitary organization, I took his order to mean that I am going to the conferences in San Diego, California with my wife, and we were to have a good time and drive there. Additionally, I followed his order because I did not want to violate Louisiana State Police Policy and Procedure, which states that I shall obey and execute all lawful orders of a superior officer.”

Moreover, Hyatt said it was Edmonson who suggested that the four troopers and Hyatt’s wife take the “northern route” because there was “nothing but desert along I-10.” That was the route that included the side trips to the Grand Canyon, Hoover Dam and Vegas.

Edmonson was quoted earlier this year when news of the trip first became public that he did not sign off on the side trip but Williams backed Hyatt’s version of events by saying he had “no doubt” that Edmonson knew the whereabouts of the four “at all times” during the trip.

On telling part of Hyatt’s letter as well as Reeves’s letter of demotion to Williams was the issue of text messages and emails on state cell phones.

LouisianaVoice requested copies of all such messages and photos, particularly those between the four troopers in the state vehicle and Edmonson months ago but was told by State Police Legal Affairs that no such messages existed.

Yet Hyatt, in his 12-page response alluded to emails, text messages and photographs sent by Hyatt’s wife to Edmonson throughout the trip.

And Reeves, in his letter, cited the sexually explicit photo sent to Williams’s state email account by a female friend and received on his cell phone and Williams’s photo of him straddling a cactus that he texted to that same lady friend.

Because the disciplinary letters and the responses are so lengthy, it has been decided that rather than try to relate what they said, it would be better to simply publish the links to the respective documents.

So here is the disciplinary letter to RODNEY HYATT, along with his response.

And here is the disciplinary letter to DERRELL WILLIAMS, followed by his response.

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You would think a room full of lawyers wouldn’t have to be told the legal definition of a public meeting as it pertains to cameras. But then again, members of the Louisiana State Law Institute’s Children’s (LSLI) Code Committee aren’t used to media coverage.

So, it might be somewhat understandable that they were a little surprised when blogger Robert Burns showed up with a video camera. But freaked out to the point that members demanded that Burns turn off his camera? Seriously?

It’s a poor reflection on a committee, whose membership includes a judge and a ton of lawyers, to even suggest, let alone demand, that Burns, who publishes the video blog Sound Off Louisiana, shut his camera off during its meeting on Friday. And it’s even more astonishing that one member, an attorney, would tell Burns that his interpretation of the open meeting laws entitled him to record the meeting on video was incorrect.

Judge Ernestine Gray, a judge of Orleans Parish Juvenile Court since 1984, should certainly know better than to chirp, “As an individual, I have a right not to be on there (the video).”

Um…sorry, your honor, but you do not have that right. This was an open meeting of an official state government body and the open meetings statutes clearly contradict your claim. And it’s a sad indictment of our judicial system that you, a sitting judge, should lay claim to such blatantly inaccurate privilege.

The committee was meeting pursuant to House Concurrent Resolution 79 of the 2016 legislative session in which State Rep. Rick Edmonds (R-Baton Rouge) requested that LSLI “study and make recommendations to the legislature regarding abuse of incentives in the adoption process.”

The full text of HCR 79 can be seen HERE.

LSLI was to have a report to the legislature “no later than 60 days prior to the 2018 regular session of the legislature.” That would put the committee’s deadline somewhere around Jan. 18, 2018 and more than a year after passage of HCR 79, nothing had been done by the committee, which found itself up against an imposing deadline when it convened last Friday.

In fact, member Isabel Wingerter kept repeating during the meeting that there was no way the committee could have a report completed in time for proposed legislation to be introduced in 2018.

Edmonds, however, told members that while he had gone through the committee out of respect, there would be legislation filed for the upcoming session and that he already had a number of co-sponsors for his anticipated bill.

Abuses in the child adoptive process is a subject that Burns has already done extensive work on and, with his assistance, LouisianaVoice is going to be taking a long look at those who broker adoption deals between birth parents and adoptive parents and how those individuals can sometimes become part of a “bidding process,” playing one set of adoptive parents against another in order to broker a better deal.

It’s a murky area, virtually unknown outside the immediate circle of those families actually involved in the process of adoption and frankly, those involved would like to keep it that way. While LouisianaVoice is coming in a little behind the curve already established by Burns, we feel strongly that the entire process deserves a thorough investigation—from the aforementioned so-called “bidding process,” to the shirking of responsibility for investigating same by various state agencies who consistently punt when the subject of a possible criminal enterprise is brought to their attention.

All that probably explains the sensitivity to video on the part of the committee members but it certainly does not excuse either their attempted evasion of the open meetings law or of their trying to make up new law on the fly.

The meeting started with LSLI staff attorney Jessica Braum can be heard on the video whispering to Burns to turn his camera off. “It’s a public meeting,” Burns responds, “and I’m going to videotape it.

Burns said Braum made her request after being prodded to do so by fellow LSLI member attorney Todd Gaudin.

Moments later, Burns was again confronted, this time by committee member Isabel Wingerter who asked if he was videotaping the meeting to which Burns responded, “Clearly, yes.”

“We are not sure that’s appropriate,” Wingerter said. “What would you do with the film?”

Burns responded with a question of his own: “Is this or is this not a public meeting of a public body?”

“Yes, it is.”

“That’s all I have to explain,” Burns said, “and I’m not going to explain any further.”

It was at this point in the exchange that Judge Gray said she had a right not to be on video. “Not if you’re part of a public body,” Burns said. “Not if you’re attending a public meeting.”

Baton Rouge attorney Todd Gaudin inquired of Wingerter if Burns would be publishing the video. When Wingerter relayed the question to Burns, he again responded, “Is this a public meeting?” When she again affirmed that it was, Burns said, “It has every right to be republished.”

And this was when it really got interesting. Gaudin, whose practice primarily is in the area of adoption services and who served as the attorney for a prospective adoptive couple who ended up losing the child to another couple at the last minute, told Burns, “I don’t agree with your interpretation of the statute.”

That’s quite a statement coming from someone who is supposed to know the law.

Burns, digging his heels in, told the committee, “I have a right to videotape these proceedings and short of law enforcement coming in here and dictating it be turned off and escorting me out, the camera stays on.”

The camera stayed on.

And for Gaudin’s erudition, it can be found in R.S. 42:13. Here is the link: Public policy for open meetings.

And just in case he’s too busy to read the entire statute, here are the relevant parts:

  • “Meeting” means the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. It shall also mean the convening of a quorum of a public body by the public body or by another public official to receive information regarding a matter over which the public body has supervision, control, jurisdiction, or advisory power.
  • “Public body” means village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph.
  • Every meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:16, 17, or 18. (R.S. 42:16, 17, and 18 give very specific reasons under which a public body may enter into executive session—that that is a moot point since the committee never entered into executive session.)

And there is this statute which addresses the right to video record public meetings:

23. Sonic and video recordings; live broadcast

  • A. All or any part of the proceedings in a public meeting may be video or tape recorded, filmed, or broadcast live.
  • B. A public body shall establish standards for the use of lighting, recording or broadcasting equipment to insure proper decorum in a public meeting.

Again, it’s worth mentioning that the members of the LSLI Children’s Code Committee are law school graduates.

Could it be that Gaudin, Wingerter, Judge Gray, and Braum were all absent on Videotaping Public Meetings day?

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