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Conflicting stories surface about origins of proposed LSTA letter to John Bel Edwards in support of Mike Edmonson

Posted in Ethics, Governor's Office, State Police on December 4, 2015| 14 Comments »

It appears to be a simple case of one man’s word against another. In this case, however, it’s the word of the Louisiana State Police (LSP) top dog versus a subordinate who happens to be interim president of the Louisiana State Troopers Association (LSTA).

LouisianaVoice has received conflicting reports from State Police Superintendent and the president of the Louisiana State Troopers Association about whose idea it to request that LSTA write a letter to Governor-elect John Bel Edwards endorsing Edmonson for reappointment to lead state police for another four years.

The board last Monday (Nov. 30) voted unanimously not to write the letter.

The board also voted on a new policy whereby in the future, the LSTA membership will be polled before the association again takes action to endorse any candidate for political office.

Twice within 24 hours—once in a meeting on Thursday and again Friday through Public Information Officer Doug Cain—denied that he had any part in the board’s consideration of such a letter.

LSTA Interim President Stephen LaFargue, however, confirmed—also for the second time—that Edmonson asked him about the prospects of LSTA sending a letter to Edwards asking that Edmonson be reappointed.

LouisianaVoice received a copy a summary of Monday’s (Nov. 30) LSTA board meeting held in Baton Rouge at the LSTA office. The minutes were written by a member of an affiliate troop who attended the meeting and who has asked not to be identified by name or troop.

The summary of the meeting said, “Interim President S. Lafargue stated he was contacted by the Colonel to write a letter on behalf of the LSTA to Governor elect J.B. Edwards on his behalf. That said, Interim President S. Lafargue made a motion to deny the request. Troop C seconded the motion and the motion passed 11-0 by the board.”

Membership of the board is comprised of one representative from each of the state’s nine LSP troops as well as one representative from LSP Headquarters and state police retirees.

The Troop I (Lafayette) representative made a motion, seconded by Troop A (Baton Rouge) to pass a by-law that in the future, LSTA “will not endorse any candidate in any political race.

The meeting summary said that LaFargue “took responsibility” for the LSTA endorsement of Edwards in the Nov. 21 runoff election against U.S. Sen. David Vitter. Edwards won over Vitter by a 60-40 percentage point margin.

That effort failed by a 6-5 vote, but Troop C (Gray) made a second motion, seconded by Headquarters, which was passed. That motion said in the future, when LSTA wants to endorse any candidate, a ballot will be mailed to each member who will vote on the proposal. The vote was 7-4 in favor of that motion.

Upon receipt of the meeting summary, we contacted Cain who confirmed that Edmonson on Thursday had said he played no part in initiating an effort to generate a letter in support of his reappointment. When told what the summary reflected, Cain said he would double check with his boss. A few minutes later he called back to say that Edmonson continued to deny his role in any effort to produce such letter.

Cain suggested that we check with LaFargue to obtain his version of events.

We did.

When contacted, LaFargue was asked about minutes of the meeting and he immediately asked, “What minutes? The minutes haven’t been written yet and I’m the one who has to approve them.”

We told him we were referring to unofficial meetings compiled by an affiliate member and we read the passage in which he was credited with saying he was contacted by Edmonson who requested the letter.

“What happened,” he said, “was that Col. Edmonson attended the board meeting and he told me he was going to apply for reappointment. He then asked about the possibility of the LSTA board writing a letter of endorsement. I told him I didn’t know, that it would have to be taken up by the board.”

Edmonson had earlier insisted to LouisianaVoice that he took no part in the request to write the letter. “It’s no secret that I would like another four years at my job,” he said, “but I would never ask someone to write a letter like that or to do anything on my behalf. This has to be the governor’s decision and I would never attempt to influence him in such a way.”

Following is an excerpt from the summary that was provided by the LSTA affiliate. The paragraph pertaining to the proposed letter of endorsement is in boldface:

On, Monday, November 30, your LSTA held a board meeting in Baton Rouge at the LSTA Office. The following is a summary of the meeting:

Interim President S. Lafargue took responsibility for the endorsement of the governor elect.

Interim President S. Lafargue stated he was contacted by the Colonel to write a letter on behalf of the LSTA to Governor elect J.B. Edwards on his behalf. That said, Interim President S. Lafargue made a motion to deny the request. Troop C seconded the motion and the motion passed 11-0 by the board.

  • Troop I President D. Latham made a motion that in the future, the LSTA will not endorse any candidate in any political race and this will become a by-law of the LSTA. Troop A seconded the motion and the motion failed 6-5.

The vote breakdown is as follows:

For: Troops A, B, F, I, and Retired

Against; Troops C, D, E, G, L, and HQ

  • Troop C made a motion if in the future the LSTA wants to endorse a candidate, a ballot will be mailed to each member who will decide whether or not that candidate receives the endorsement from the LSTA. HQ seconded the motion and the motion passed 7-4.

The vote breakdown is as follows:

For: Troops C, D, E, G, L, HQ, and Retired

Against; Troops A, B, F, and I.

 

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Special meeting of LSTA Board called for Monday over letter backing Edmonson; action may produce membership exodus

Posted in Ethics, Governor's Office, State Police on November 29, 2015| 6 Comments »

The Louisiana State Troopers Association (LSTA) has called a board of directors meeting for 9 a.m. Monday, LouisianaVoice has learned and the issue of the LSTA’s lobbying Gov.-elect John Bel Edwards to reappoint State Police Superintendent Mike Edmonson “may be on the table.”

At the same time, LouisianaVoice has learned that some LSTA members are requesting withdrawal of their membership in the organization in protest to LSTA’s involving itself in first endorsing Edwards prior to his runoff election victory over U.S. Sen. David Vitter and more recently by the proposed lobbying of Edwards for Edmonson’s re-appointment.

Several members made it clear that the issue was not with Edwards, but over the LSTA’s involving itself in politics—particularly in doing so without polling LSTA’s 950 active members. The organization had never endorsed a political candidate at any level prior to its endorsement of Edwards. They said they likewise objected to the proposal to send a letter requesting that Edwards appoint Edmonson to another four-year term as State Police Superintendent.

Because there was no agenda posted for the Monday meeting, at least one retired LSTA member feels the lack of an agenda and the timing of the meeting (on the Monday following a holiday) may be an “extortion trick to get active board members who under their (LSTA’s) thumb to vote without putting an agenda out to the retirees.”

LouisianaVoice last week obtained a copy of an email poll sent mostly to members of Louisiana State Police (LSP) Troop L. The poll contained only a single question: “Do you want the LSTA to write a letter to the governor asking that we retain our current colonel?” https://louisianavoice.com/2015/11/25/lsta-proposes-asking-edwards-to-reappoint-edmonson-troop-i-members-demand-lsta-presidents-resignation/

That email was sent by incoming LSTA President Jay O’Quinn who is presently the Troop L LSTA Affiliate President. He will succeed Frank Besson in January. Besson was recently promoted to captain’s rank. No state trooper with a rank higher than lieutenant may serve as president of LSTA.

LSTA is a fraternal organization representing men and women of LSP and its membership is comprised of approximately 97 percent of the commissioned officers as well as a substantial percentage of state police retirees.

There currently are 950 active members and 550 retired members. Membership dues for active members are $30 per month and $15 per month for retirees (no dues for those ages 65 or over), giving the organization an annual budget of at least $400,000 just from membership dues.

Among the benefits enjoyed by members and retirees are life insurance coverage, dental and vision plans and eligibility for the Honor Fund and Benefit Fund for additional dues. LSTA also enjoys “legislative support” as an alternative to a state police union.

But growing discontent over LSTA’s first-ever endorsement of a political candidate and now efforts to lobby on Edmonson’s behalf have resulted in some members cancelling their membership. In addition, LouisianaVoice has been told there has been increased discussion of state troopers leaving LSTA en masse and forming a state police affiliate of the Fraternal Order of Police.

One source has indicated the endorsement of Edwards came down the chain of command from Edmonson, though Edmonson, in a telephone call to LouisianaVoice last week, denied that he had anything to do with it.

LouisianaVoice reported last week that some members of Troop I in Lafayette had reportedly demanded the resignation of both LSTA President O’Quinn and Executive Director David Young over the Edwards endorsement.

Young, however, was said to have been opposed to and to have advised against both the Edwards endorsement and the email poll promoting the sending of a letter to Edwards asking him to re-appoint Edmonson.

A copy of the minutes of the Nov. 17 LSTA Troop I Affiliate meeting reveals the simmering resentment among rank and file officers over the endorsement and subsequent proposal for the letter. Two major questions, which to date have gone unanswered, were posed to board members:

  • Can a vote be taken over the phone with there being no minutes?
  • If the endorsement was so important that the board members were called on the phone for an immediate vote, why wasn’t it on the agenda or brought up at the board meeting?

The minutes also reflect that members requested a copy of the letter asking Edwards to re-appoint Edmonson as well as a copy of the minutes of the previous board meeting, supposedly to learn if a vote was taken on the board’s actions.

Here is a copy of the LSTA BOARD MINUTES FOR NOV. 17, 2015

 

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LSTA proposes asking Edwards to reappoint Edmonson; Troop I members demand LSTA president’s resignation

Posted in Elections, Ethics, Governor's Office, Lobbyist, Politicians, State Police on November 25, 2015| 18 Comments »

The fallout from the Louisiana State Troopers’ Association’s (LTSA) endorsement of John Bel Edwards for governor continues with a succession of late-breaking developments, LouisianaVoice has learned.

An undetermined number of troopers from Troop I have reportedly demanded the resignation of LTSA president Jay O’Quinn and David Young, the organization’s executive director, over the endorsement.

Troop I, headquartered in Lafayette, encompasses 5,686 square miles and 8,586 highway miles in eight parishes: Lafayette, Evangeline, St. Landry, Acadia, St. Martin, Vermilion, Iberia and St. Mary.

“It’s not that I don’t support Edwards, because I do,” said one state trooper following last week’s endorsement shortly before the general election that pitted Republican U.S. Sen. David Vitter against Democrat State Rep. John Bel Edwards. “I’ve never seen the state police turned into such a political machine,” he added.

As evidence of the LSTA’s morphing into a “political machine,” LouisianaVoice has obtained an email from O’Quinn to select state troopers in which he asked the membership to vote on a proposal that the LSTA write a letter to Edwards requesting that State Police Commander Mike Edmonson be retained in the new administration.

Such a letter would clearly fall under the description of lobbying, something state civil service employees are strictly forbidden from doing.

Edwards easily defeated Vitter by a 56-44 percentage point vote and will be inaugurated governor on Jan. 11.

Meanwhile, LouisianaVoice has learned that the Louisiana Sheriffs’ Association is also supporting Edmonson’s reappointment as head of state police.

O’Quinn only recently was elevated to the LSTA presidency after past president Frank Besson was promoted to captain’s rank. No one with a rank above lieutenant may serve as president of the association.

As executive director of the organization, Young essentially serves a paid lobbyist for state police, a perk not afforded state civil service employees. He called the endorsement of Edwards “rare” for the organization, but others are calling it a precedent.

A separate source said that Young had nothing to do with the email and in fact was opposed to and advised against the earlier endorsement of Edwards.

And while state police are not civil service employees in the strictest sense of the term, there is a well-defined list of activities in which they are prohibited from participating. These include:

  • Soliciting votes or contributions for any political candidate, organization or cause.
  • Making political contributions.
  • Making a public political statement or address.
  • Wearing a campaign badge, ribbon, or insignia.
  • Distributing political campaign cards, posters or buttons.
  • Attending a social function which is designed as a fund raiser where a contribution or ticket is required, even if a ticket is offered to the employee free of charge.
  • Becoming a candidate for office, serving as a member of any political committee or taking part in the management of a political party or organization.
  • Publicly displaying political literature, placards, bumper stickers or signs in or on any personal property (except by non-civil service employed spouse on community property).
  • Actively participating in an effort to recall from office an elected official (other than by signing a recall petition).
  • Becoming a candidate for any state, parish, municipal or other political office (other than position of classified employee serving on state civil service commission).

 

O’Quinn, in his email to the membership, wrote:

As we move forward, I would like your input on a potential issue. We have a board meeting next week, and this topic may be on the table since it has been discussed before. Please reply via email and let me know how you vote. Also, please spread the word to other affiliate members so they can vote if they choose. My email is jayoquinn@bellsouth.net. I will take votes until next Sunday, December 6. I will then let you know the results and vote accordingly if this issue arises.

Here is the question. Are you in favor or opposed to the LSTA writing a letter to Governor-elect John Bel Edwards asking Governor Edwards to retain Colonel Edmonson in his current position? Put another way for clarification: Do you want the LSTA to write a letter to the Governor asking that we retain our current Colonel?

I prefer email because it’s easier to keep track, but I won’t disclose how any single individual voted, nor are you required to vote at all. Please respond. Thanks.

Jay

 

“I am hearing that 85 percent of the troopers do not want Edmonson to stay,” our source, who asked to remain anonymous, said. “I am also hearing (that) Edmonson asked for the LSTA to send the letter,” he added. (Edmonson recently was reported to have said those who speak to or comment on LouisianaVoice anonymously were “cowards,” but with several examples of reprisals already being reported, anonymity is understandable.)

The second source said the email, which was sent mostly to members of Troop L in Mandeville, was not composed by O’Quinn but that it originated with Edmonson and came down through the chain of command to be sent out over his name.

Edmonson, for his part, denied that he had anything to do with the LSTA endorsement of Edwards or that he initiated the effort to send the letter. He also said he had never called anyone a coward. “It’s no secret that I would like another four years at my job,” he said, “but I would never ask someone to write a letter like that or to do anything on my behalf. This has to be the governor’s decision and I would never attempt to influence him in such a way.”

“As for O’Quinn saying he won’t disclose how anyone votes, that’s a joke and it’s precisely the reason that very few troopers will even respond,” the first source said. “They know full well if they vote ‘no,’ it will come back to bite them.

“I hope Edwards won’t buckle to pressure in his decision on a state police commander,” he added. “Politics does not need to be a consideration in this process and this solicitation of a vote to send the proposed letter is blatant politics at its very worst.”

 

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Political Potpourri: LSP’s endorsement, Ethics violation, crazed hysteria over Syrian refugee ‘influx,’ Jindal quits

Posted in Corruption, Elections, Ethics, Governor's Office, Politicians on November 17, 2015| 20 Comments »

In the overall scheme of things, it’s a relative minor point but nevertheless one that the Director of the Disclosure Division for the Louisiana Board of Ethics should know better than to do.

After all, the rules are laid out quite specifically with allowable and prohibited activities clearly delineated in periodic bulletins sent out to all state employees—particularly during the election cycles every four years.

State Civil Service General Circular Number 2015-027, dated July 15, 2015, says, “This general circular is being issued to remind classified state employees of the “do’s and don’ts” of political activity because of the upcoming election cycle. It is important to remember that the following restrictions apply to ALL elections, local, state and federal.” (emphasis theirs)

There followed a list of seven activities allowed under Civil Service and a list twice as long (15) of prohibited activities.

We call attention to Item “o,” or 15th on the list which says state classified employees may not “‘Like’ or ‘follow’ a candidate or party on Facebook, Twitter or other form of social media.” DOS AND DON’TS OF STATE ETHICS CIRCULAR 2015-27

But yet, there it was, a Facebook “like” for gubernatorial candidate David Vitter by Robin Falcon Gremillion who earns $80,500 per year in her classified position as the Disclosure Division Director for the Board of Ethics. STATE ETHICS ORGANIZATONAL CHART

No biggie, except for the uneven application of the rules.

For instance, a supervisor for the Office of Risk Management, before it was privatized by Bobby Jindal, received an unsolicited ham from a vendor for Christmas. Because it was mailed and not delivered in person, she did in fact receive it and was promptly fined $250. Did we mention it was unsolicited?

GREMILLION FACEBOOK PAGE

Troopers’ Association’s first endorsement ever

On the other side of the ledger is that unprecedented endorsement by the Louisiana State Troopers Association that has much of the association’s membership more than a little rankled.

“It’s not that I don’t support (John Bel) Edwards, because I do,” said one member. LSTA Executive Director David Young said the endorsement is “rare.” “That would have to be rare, as in never, since this is the first time the LSTA has ever endorsed a candidate and the membership was not consulted on this action. I don’t know of a single member who was consulted,” he said.

http://blogs.theadvocate.com/politicsblog/2015/11/13/state-troopers-association-backs-john-bel-edwards/

He told LouisianaVoice that he felt the endorsement was made at the express wishes direction of State Police Superintendent Mike Edmonson. “He wants to be appointed for another four years and this was his way of playing up to the front-runner. If (David) Vitter had been ahead in the polls, I can promise you the endorsement would have gone to him. This was an overtly transparent move to put Edmonson in the good graces of the projected winner. He is desperate. He is the only one who could have done this. He had to know the general membership would be furious.”

He went on to say that the endorsement is not allowed because it is a “blatant violation of LSP policy and should be investigated.”

LSP policy provides that No commissioned officer of the State Police shall participate in political activity by:

  • Soliciting votes or contributions for any political candidate, organization or cause;
  • Making political contributions.
  • Making a public political statement or address
  • Wearing a campaign badge, ribbon or insignia.
  • Distributing political campaign cards, posters or buttons.
  • Attending a social function which is designed as a fund raiser where a contribution or ticket is required, even if a ticket is offered to the employee free of charge.
  • Becoming a candidate for office, serving as a member of any political committee or taking part in the management of a political party or organization.
  • Publicly displaying political literature, placards, bumper stickers or signs in or on any personal property (except by non-civil service employed spouse on community property).
  • Actively participating in an effort to recall from office an elected official (other than by signing a recall petition.
  • Becoming a candidate for any state, parish, municipal or other political office (other than position of classified employee serving on state civil service commission).

 Shot at LouisianaVoice

On Sunday (Nov. 15) Edmonson sent a lengthy “feel good” email message to all Department of Public Safety commissioned personnel in which he said he looked forward “to continuing to lead State Police through the election, the transition, and into the new administration.”

He also urged DPS personnel to “ignore internal political ‘noise’ and rumors that will characterize the next month.” He acknowledged that there were decisions he might reconsider but said, those were “few in number.” But then, in a direct shot at LouisianaVoice, he said, “I cannot dwell on those who would criticize the content of what we have done nor the means used to accomplish our goals.”

Earlier, in an address to state troopers, he characterized blog posts by LouisianaVoice about LSP as “B.S.,” and that those who commented on the posts without giving their names were “cowards.”

Fanning refugee phobia, courtesy of Vitter and Jindal

And speaking of cowards, Vitter wasted no time jumping on the anti-Syrian refugee bandwagon—much like Bobby Jindal and all the other hysterical neocons who are convinced that New Orleans is being overrun as this is being written by 10,000 Syrians bent on blowing up the Superdome. (Note: There are no plans to import 10,000 and to date, only 14 refugees have entered Louisiana. Also, of the seven identified Paris attackers, none were from Syria; they were all Europeans).

Both Vitter and Edwards have called for a halt to immigration of the refugees to Louisiana but that hasn’t stopped Vitter from trying his best—by lying through his teeth, of course—to tie Edwards to President Obama’s policy of accepting the refugees, though Edwards had zero to do with the decision.

As pointed out by Robert Mann, if Vitter is truly concerned about the non-existent “influx” of Syrian refugees, he should probably discuss the issue with wife Wendy. She is the general counsel for the Archdiocese of New Orleans which oversees Catholic Charities. Catholic Charities is the volunteer agency that assists refugees in settling in the New Orleans, Baton Rouge and Lafayette areas.  http://bobmannblog.com/2015/11/16/vitter-doesnt-want-syrian-refugees-in-louisiana-he-should-talk-to-his-wife/

But Vitter’s only objective, indeed, his only hope, is interjecting fear and loathing in the race. That’s what losers do. If he is really so concerned about the threat from the imaginary “influx” of terrorists from Syria, he may wish to explain his whereabouts during two of three Senate Armed Services Committee hearings on the volatile situation in Syria from 2012 through 2014. http://bobmannblog.com/2015/11/16/vitter-absent-from-2-u-s-senate-armed-services-committee-hearings-on-syria-2012-14/

He would have had plenty of time to ask all the right questions at those hearings—had he only been there.

Vitter’s and Jindal’s fanning the flames and hatred have been effective. Catholic Charities in Baton Rouge has been receiving death threats after it was learned that a single refugee was settled in the Capital City. And that refugee has since moved on to Washington, D.C.

Thank you, Bobby. Thanks Vitter. You lived down to our expectations.

Bye-bye Bobby party starts early

Perhaps it is only fitting that following his hysterical executive order to suspend that dreaded “influx” of refugees, Jindal suspended his hopeless quest for the Republican presidential nomination, with the ego-laced comment that “This is not my time.” Well, Bobby, you surely got that right. Want a clue as when will be your time? Hint: Think never.

http://finance.yahoo.com/news/bobby-jindal-not-time-231232217.html;_ylt=AwrT6VrdtUtWyKgAC3IPxQt.;_ylu=X3oDMTByNWU4cGh1BGNvbG8DZ3ExBHBvcwMxBHZ0aWQDBHNlYwNzYw–

Of course, Jindal won’t go simply away. He just had to pose one more threat to our weary psyche. “One of the things I will do is go back to work at the think tank I started a few years ago—where I will be outlining a blueprint for making this the American century,” he said.

Whoo boy. Just what we need: More harebrained ideas to save American exceptionalism from little Booby.

To paraphrase the title of Joe Namath’s autobiography, I can’t wait until tomorrow ‘cause it gets crazier every day.

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Dentistry Board attorney (Jimmy Faircloth’s firm) may have conflict in representing P.I., board and undercover employee

Posted in Attorney General, Boards, Contract, Contracts, Corruption, Ethics, Lawsuits, Public Records on November 17, 2015| 7 Comments »

Imagine your dentist boss comes to you with a proposition:

Why don’t you help the board investigator do investigations for the board of dentistry? You can make some extra spending money by posing as a patient and presenting fake symptoms and false medical histories in hopes of gaining information and diagnosis that could be used against dentists in board hearings. The board can really use your help in putting the bad guys away.

What could go wrong, right? Your boss is a long-time member of the Louisiana State Board of Dentistry. He assures you this is done all the time. He even nicknames you “The Pink Panther” for your investigative efforts. Your thoughts go to all the extra money you will have for Christmas gifts this year.

A similar scenario happened with Karen Moorhead when she worked as a dental assistant for Dr. White Graves, a long-time board member, in Monroe. Moorhead testified that she worked “six or seven” undercover operations for board investigator Camp Morrison. She even testified to working undercover as an employee in an office that was under investigation by the LSBD.

The only problem is that no one told Ms. Moorhead what she was doing was against the law. Louisiana requires anyone getting paid to do undercover investigations have a valid private investigator’s license. Anyone caught doing this type of work without one is in violation of Louisiana criminal law, subjecting the offender for fines of up to $10,000 and up to a year in jail.

R.S 37:3507.2

http://law.justia.com/codes/louisiana/2011/rs/title37/rs37-3507-2

It shall be unlawful for any person knowingly to commit any of the following acts:

(1) Provide contract or private investigator service without possessing a valid license.

(2) Employ an individual to perform the duties of a private investigator who is not the holder of a valid registration card.

http://lsbpie.com/lawregulations.aspx

ETHICS AND PRIVATE INVESTIGATOR LAWS

Ms. Moorhead has found herself a defendant in an ongoing civil trial since 2011 because of this highly questionable and unethical, if not illegal, activity. Instead of hiring an independent attorney, she relied on the attorney provided by the board of dentistry, the very organization that got her in trouble in the first place. In fact, the board had the legislature change the law in order to cover her defense. She now claims attorney-client privilege with the Louisiana Attorney General’s office, and claims insurance coverage underwritten for state civil service employees. Never mind that Moorhead was an independent contractor doing work for a board contractor. Morrison’s contract specifically required him to hold an errors and omissions (E&O) insurance policy for such purposes that indemnifies the state against his actions. One former board member contends that the LSBD has spent over $500k on this suit. (Any state employee who is the subject of a civil lawsuit for actions taken in the scope of his or her employment is entitled to legal representation provided at the state’s expense. In the case of criminal prosecution for job-related actions, the employee may retain legal counsel of the employee’s choice and is entitled to have those legal costs reimbursed in the event of an acquittal. Moorhead, as a contractor, should not be entitled to legal representation provided by the state.)

More troubling, however, is the advice that her attorney has given her. The attorney Professional Rules of Conduct prohibit representing multiple clients when a conflict of interest exists between them. Barbara Melton, law partner to infamous Jimmy Faircloth, is a contract attorney for the board of dentistry—and she is defending both board investigator Camp Morrison and Moorhead at the same time. According to some legal analysts, that’s a major conundrum. One legal expert laid it out like this, “It’s apparent that Moorhead and Morrison may not share the same best interests. If I was hired to do a completely illegal job and was told that it was legal by supposedly reputable people and then found myself sued over it that would be a problem. I wouldn’t hesitate to sue the investigator, the board of dentistry, and possibly the boss that suggested the employment and got me into this mess in the first place.”

However, that’s not the advice that Melton seems to have given her. How could she recommend suing the board of dentistry and Morrison, who are both her clients? That recommendation should be off the table. Because of this conflict and lack of sound advice, Moorhead could find her troubles just beginning.

Several dentists have come together and are planning to file a civil class action suit against the Board of Dentistry and its agents. Moorhead’s involvement in “six or seven” cases, makes her the glue that ties this class action together. Moorhead may also have perjured herself in at least one deposition and during a board hearing. Finally, a recent affidavit from a Kenner dentist and Camp Morrison’s own billing records have Moorhead working undercover in an office that the board was investigating.

Although Moorhead originally bragged about working in this office, her story has changed and she remembers seeking but never being offered the job. This stands in stark contrast to the affidavit and billing records in hand. It’s possible that Moorhead may now risk jail time for perjury and continued ligation from multiple sources. She may have also committed tax fraud by not properly listing the income from these undercover jobs. Many believe the trouble Moorhead may be facing stems from the questionable legal advice she has been given. Meanwhile, the board attorney Barbara Melton has never missed a paycheck. She continues to represent the board of dentistry as a contract attorney.

Moorhead may want to check on her legal options, which some insist should include possibly adding her attorney to the list of people to sue. Moorhead certainly doesn’t appear to be innocent of the claims against her. But instead of stopping and ceasing to dig, her attorney appears to have helped her dig the hole deeper. It now appears to be one which she may not be able to escape.

The question must now be where the Attorney General’s office is in all this mess.

Buddy Caldwell is quick to issue press releases about child porn arrests, consumer fraud and CNSI. But he has been shamefully silent on the issue of going after offending power-mad, ego-driven Board of Dentistry members. These members have repeatedly demonstrated their intent to persecute dentists not in response to legitimate complaints but pursuant to board-initiated complaints generated by investigators and legal counsel. There is more than ample evidence to show that the board is set not on cleaning up the industry but in extracting hundreds of thousands of dollars from dentists denied the opportunity to properly defend themselves before a kangaroo court comprised of the same board members who bring the charges.

And while the attorney general’s job is to represent state agencies, he could be doing the board a service by offering his counsel to refrain from tromping on dentists’ due process rights. After all, should a class action lawsuit ensue, it’s going to cost the state a boatload of money to defend—and to pay any adverse judgment if that is the result. For no other reason than preventive maintenance, Caldwell should be offering his advice.

What has transpired thus far comes nowhere near the concept of due process. An attorney general committed to doing the job he was elected would have addressed this glaring problem long ago.

 

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