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Archive for the ‘Fraud’ Category

Missing checks, public records litigation, aborted deposition, and AG slapped with fine all in one confusing, muddled story

Posted in Attorney General, Corruption, Courts, Ethics, Fraud, Judges, Lawsuits, Politicians, Public Records, State Police, Transparency on November 16, 2016| 3 Comments »

This is a story with no readily apparent good guys.

It’s a story about charges of theft of heavy equipment.

It’s a story about thousands of dollars floating around unaccounted for by public officials.

It’s the story of the attorney general’s office abruptly halting a confrontational deposition.

It’s a story about a Baton Rouge judge having the decency and courage to impose (finally) a stiff financial penalty against a state agency over the agency’s failure to complete the deposition or to produce legally required public records.

It’s a story of how the superintendent of State Police was unable to account for the receipt of two checks totaling nearly $150,000 and how the state attorney general’s office and its former rogue investigator wound up with egg all over their already questionable reputations.

And, of course, it’s a story of how the taxpayer and not the public official responsible ultimately will bear the cost of those penalties.

It all began in May 2014 with the indictment of Joseph Palermo of Sulphur on five counts of possession of stolen things, destruction of serial numbers and forgery.

http://www.kplctv.com/story/25298149/five-count-indictment-unsealed-against-sulphur-businessman

Palermo previously got crossways with state police over operation of casinos in Calcasieu Parish and he settled that civil matter back in 1998 but prosecutors, apparently still nursing a grudge over the casino gambit, brought up the 1998 trouble in connection with his more recent problems. Things have a way of playing out that way for some people.

In February 2015, he pleaded guilty to misdemeanor charges of receiving “ill-gotten gains” in a plea bargain in which he agreed to paying civil penalties of $1.2 million over three years with expenses to the Calcasieu Parish District Attorney’s office coming off the top. After expenses, the $400,000 per year was to be divided equally between the Calcasieu DA, the attorney general and State Police ($133,333.34 each). An additional $14,792.55 was what remained after the district attorney’s expenses were paid.

Identical checks of $14,792.55 and $133,333.34 were then issued to Louisiana State Police and the attorney general’s office. State Police, however, initially had no record of receipt of the funds.

Moreover, neither of the checks to the attorney general’s office was ever negotiated and it took more than a little effort to get State Police Superintendent Mike Edmonson to acknowledge his office had received the money. State Police’s financial section has no record of the checks, nor is there any record of the checks having been deposited in state police accounts.

In February of this year, Palermo began efforts to obtain certain records from the attorney general’s office, specifically those pertaining to the criminal investigation of his case by Scott Bailey, then employed as an investigator for the attorney general’s office.

Bailey, in addition to being a central figure in the botched CNSI investigation of a couple of years back, holds the dubious distinction of being the investigator who photographed Jimmy Swaggart exiting his infamous rendezvous with the hooker in that seedy Metairie motel three decades ago. (Some claims to fame you just want to hang onto for whatever reasons).

Bailey resigned from the attorney general’s office the very day he was directed to provide all his time management records for all his investigations.

The records by Palermo from the attorney general were insufficient to meet the parameters of his request, so he tried again and this time he was met with a response that the records, after all, were exempt from public disclosure despite the investigation of Palermo having been completed for more than a year.

The legal back and forth jockeying continued with two separate legal actions by Palermo—one for public records and the other to force deposit of the checks into the court’s registry pending a determination of to whom the money actually belonged—being consolidated into a single lawsuit. Finally, it culminated in a deposition scheduled for October 27 in Lake Charles.

Alas, it was not to be.

State attorney Chester Cedars abruptly called an end to the deposition only a few minutes into the proceedings, acknowledging he was doing so at his own peril.

On Monday, 19th Judicial District Judge Don Johnson of Baton Rouge came down hard on the attorney general’s office and we would be less than honest if we didn’t admit we are delighted (so much for any pretense of objectivity).

It was such a beautiful order, we’re reproducing some of the wording here:

“Judgment is hereby entered herein in favor of Joseph R. Palermo, Jr. and against Jeff Landry, in his official capacity as the Attorney General of Louisiana, in the amount of twenty-five thousand and no/100 dollars ($25,000.00) payable within 30 days from November 14, 2016.”

Here is the judgment in its entirety.

One courtroom observer speculated that Cedars would likely take writs to the Louisiana Supreme Court on the matter of the amount of the fine.

That’s unlikely, however, because of Cedars’s own admission at the time he suspended Bailey’s deposition.

It is part of the transcript of the deposition and Cedars tells opposing counsel Christopher Whittington, “…I do so at the defendant’s peril. I fully understand that if I’m incorrect in the assertions and the law as I understand it, or in the facts as I understand it, then we are going to have to pay the appropriate sanctions.”

WHITTINGTON: “Okay. And we will move for those sanctions pursuant to Article 1469.”

http://www.laboards-commissions.com/MCBD.pdf

You have to wonder how that little on-the-record exchange and Judge Johnson’s ensuing fine are going to sit with Cedars’s boss, Attorney General Jeff Landry (Of course Landry has his own problems, having recently dodged service on a subpoena in the ongoing litigation with Gov. John Bel Edwards over the governor’s non-discriminatory executive order).

Now, if we can just find out what happened to those two checks after they arrived at State Police headquarters…

(Special thanks to Robert Burns for scurrying around and digging up valuable court documents for this story.)

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Why did Judge Tim Kelley take case involving program his wife oversaw as Jindal’s Commissioner of Administration?

Posted in Contract, Contracts, Corruption, Courts, DOA, Ethics, Fraud, Governor's Office, Grant, Grants, Judges, Lawsuits, Public Records on October 7, 2016| 7 Comments »

When 19th Judicial District Court Judge Tim Kelley presided over a hearing earlier this week involving the state’s Small Rental Property Program, did he violate Louisiana’s so-called “gold standard of ethics” instituted by former Gov. Bobby Jindal or worse, the Code of Judicial Conduct?

Kelley, over the objections of defendant Tony Pelicano, Monday ruled in favor of the state’s motion to dismiss “without prejudice” its foreclosure proceedings on Pelicano’s Metairie rental property. https://www.road2la.org/SRPP/Default.aspx

Dismissing without prejudice means the state may renew its foreclosure efforts at any time. Pelicano attorney Jill Craft wanted the case dismissed “with prejudice,” which would mean the matter would have been over and done.

With Kelley’s ruling, the state continues to hold the potential forfeiture of his property over Pelicano’s head for years—all because Pelicano, himself a contractor, had no say in which contractor rebuilt his rent home after Hurricane Katrina. Pelicano refused to accept the work which was done with what he says were inferior materials that did not meet specifications and which is now rotting and molding.

https://louisianavoice.com/2016/10/03/victim-of-post-katrina-road-home-program-comes-to-baton-rouge-seeking-justice-departs-defeated-disillusioned-angry/

Even though cases in the 19th JDC are assigned to judges by lot, perhaps it would have been prudent for Kelley to have handed Pelicano’s case off to another of the seven judges who preside over civil cases.

Kelley’s wife is Angele Davis.

Angele Davis was Commissioner of Administration which oversaw the Small Rental Program through the Louisiana Office of Community Development (OCD).

https://app.lla.state.la.us/PublicReports.nsf/BD68D20624D06F8A862574A400526ACC/$FILE/00003E7C.pdf

Davis served as Commissioner of Administration under Bobby Jindal from January 2007 until August 2010. The Division of Administration (DOA) was responsible for the Road Home Program through OCD. Paul Rainwater was Jindal’s first OCD Executive Director until he succeeded Davis as Commissioner of Administration in 2010. http://www.doa.la.gov/comm/PressReleases/CommAnnounce.htm

Even though Davis no longer serves in state government, the fact that the Small Rent Program was administered by her office through OCD, the propriety of Kelley’s presiding over legal disputes involving the program could be brought into question.

http://www.doa.la.gov/OCDDRU/Action%20Plan%20Amendments/Katrina-Rita%20First/APA25_Approved.pdf

Craft argued passionately against the dismissal without prejudice, saying, “I don’t file lawsuits just to come back and say, ‘Just kidding.’ The state shouldn’t be given the opportunity to come back at some later date for another bite.”

Kelley did throw Pelicano a bone of sorts when he ruled against the state and allowed a trial by jury—before agreeing to the dismissal without prejudice. The jury trial ruling was basically meaningless in light of the subsequent dismissal without prejudice, however.

Following Kelley’s ruling and after he had left the courtroom, Pelicano had a brief emotional outburst, yelling to DOA attorney Lesia Batiste that the state could take the property. “I’ve had it!” he shouted. “Just take it!”

It’s not as if Kelley had no way of knowing of his wife’s involvement with the program; her name is all over official documents dealing with all the Road Home programs set up to help the state recover from Hurricanes, Katrina, Rita, Gustav and Ike.

http://lra.louisiana.gov/assets/docs/searchable/meetings/2010/Board%20Meeting%201-28-10/APA4PublicComment.pdf

All this is not to say Kelley allowed his position to be used to favor the state because of his wife’s involvement with the programs. He did, after all, rule against the state in other cases that came before him, notably the infamous CNSI debacle. http://www.washingtonexaminer.com/louisiana-court-give-contractor-records-about-cancellation/article/2546170/comments

But he also inexplicably ruled in favor of the Jindal administration against the public’s right to know in a major public records lawsuit in 2013 involving applications for the LSU presidency. http://www.theadvocate.com/baton_rouge/news/article_f69f910d-0f80-5ddd-8d9d-06316e5ffa43.html

In a political atmosphere where perception is everything and in a state with as sordid a reputation for corruption as Louisiana, Kelley should have punted as soon as this case landed on his desk.

Canon 2 of the Code of Judicial Conduct says, in part:

A judge shall not allow family, social, political, or other relationships to influence judicial conduct or judgment. 

https://www.lasc.org/rules/supreme/cjc.asp

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Victim of post-Katrina Road Home program comes to Baton Rouge seeking justice; departs defeated, disillusioned, angry

Posted in Contract, Contracts, Corruption, Courts, DOA, Ethics, Fraud, Judges, Lawsuits on October 3, 2016| 4 Comments »

Tony Pelicano won a skirmish but may have lost the war in his years-long battle with the Louisiana Office of Community Development (OCD) over poor workmanship and claims of fraud in connection with the reconstruction of a rent house in Metairie destroyed by Hurricane Katrina.

Because inferior materials were used in the work, Pelicano, himself a contractor, refused to accept the work and he filed suit against the contractor and the state filed suit against him to foreclose on the property.

The trial for his suit against Woodrow Wilson Contractors of Baton Rouge is scheduled for trial in January. The state’s foreclosure suit was scheduled for jury trial on Monday but the state threw a curve ball at Pelicano who apparently had not suffered quite enough in the eyes of OCD and the Division of Administration (DOA).

To make matters worse, the state’s attorney, Lesia Batiste, laughed at an emotional Pelicano after court adjourned.

Pelicano, represented by Baton Rouge attorney Jill Craft, entered Monday’s proceedings in 19th Judicial District Court fighting the state’s motion to deny Pelicano a jury trial but less than two hours before jury selection was slated to begin, Batiste filed a motion to dismiss its case without prejudice, meaning the state would be free to renew its foreclosure efforts at any time in the future.

Craft argued vehemently in favor of dismissal with prejudice, meaning the case would be over and done.

In September 2009, Pelicano was personally solicited by the State of Louisiana through OCD to submit an application to become the first test applicant for the Small Rental Program through the agency. https://louisianavoice.com/2016/09/23/state-ocd-figure-partnered-with-firm-that-blocked-repairs-to-road-home-project-shelter-at-home-follows-same-formula/

Specifications called for pressure treated lumber for the house but upon inspecting the work, Pelicano discovered pressure treated lumber was not used, leading almost immediately to termite infestation. Moreover, leaks in the roof resulted in rust of the top of the hot water heater and kitchen stove and the hot water heater was located in the wrong place, resulting in workers having to cut a hole in the door in order to close it. Joints and window sills have separated since the work was done, all of which have left the house uninhabitable despite Batiste’s contention that “I would live in the house.”

An independent engineer was retained by Pelicano to inspect the house. His photos-and-report are included here in order that you, the reader, can determine if you would pay rent to live in the house.

“I don’t file a suit and then come in here on the day of jury selection and say, ‘Hey, just kidding. They don’t get a do-over,” she said.

“The home owner (Pelicano) must approve a contractor’s punch list. All corrections in construction must be made before the contractor can be paid. These people (Pelicano and his wife) have gone through enough,” Craft said. “Dismissing without prejudice means the state may want to sue them again.”

She said the Pelicanos and the state “reached a settlement in 2013 and the state backed out. That cost my clients an extra $10,000 and now the state wants to allow itself another bite.”

Batiste argued that she did not believe a dismissal without prejudice would create any hardship on the Pelicanos.

District Judge Tim Kelley ruled that the Pelicanos were entitled to a jury trial but then upheld the state’s motion for dismissal without prejudice.

After Kelley adjourned court and exited the courtroom, Pelicano shouted to Batiste, “Take the house! Just take it! I’ve had it! I’m Through!”

Batiste, watching Pelicano’s emotional outburst, laughed.

“It’s not funny,” Craft said to Batiste.

LouisianaVoice asked Batiste why the state would not dismiss with prejudice and her answer left no doubt that the state still has the Pelicanos in its crosshairs.

“They’re under foreclosure,” she said. Not were, but are. Left unsaid was the unmistakable intent that the state would be back for more retribution against the Pelicanos at some future date.

“Have you seen that house?” we asked.

“Yes, I’ve been in it. There’s nothing wrong with it. I would live in it.”

No, she would not. Not without raising holy hell over the condition of the structure.

And neither would you. The mold and mildew in the house, fostered by what Pelicano says was the use of substandard materials,  presents a clear health hazard.

And now the state is asking August flood victims to trust its Shelter at Home program, the illegitimate child of its precursor, the Road Home program.

Pelicano came to Baton Rouge Monday hoping for some measure of justice but the state lived down to its customary expectations of disillusionment and disappointment which in turn only nurtures a climate of manipulation and corruption.

He deserves better.

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State OCD figure partnered with firm that blocked repairs to Road Home project; Shelter at Home follows same formula

Posted in Campaign Contributions, Contract, Contracts, Corruption, Courts, Crime, Ethics, Fraud, GOHSEP, Governor's Office, Judges, Lawsuits on September 23, 2016| 5 Comments »

Before you accept the state’s Shelter at Home program, you may want to consider the quality of workmanship—or lack thereof—that some 2016 flood victims who have participated are experiencing. http://www.theadvocate.com/baton_rouge/news/politics/article_3116e8b6-7abb-11e6-91c5-d3139b79d965.html?sr_source=lift_amplify

While you should beware of shoddy work by contractors, you should also consider that all work done will likely need to be re-done and makeshift (inferior) plumbing will have to be replaced at your cost.

If that is not enough to convince you, you may wish to follow an important trial scheduled to begin in the 19th Judicial District courtroom of District Judge Tim Kelly on October 3.

The upcoming trial is over the foreclosure on rental property owned by Metairie resident Tony Pelicano and his company, L&T Development. Pelicano also has legal action pending against defendants the State of Louisiana through the Office of Community Development, The Shaw Group, Inc., Woodrow Wilson Construction Co., both of Baton Rouge, and Western Surety Co. of Sioux Falls, S.D.

Pelicano purchased a rental house on Turnbull Street in Metairie on April 28, 2005, just in time for it to be heavily damaged four months and one day later when Hurricane Katrina struck New Orleans on Aug. 29.

Pelicano, like victims of the flood almost exactly 11 years later (Aug. 11-14), was solicited by the state to take part in a state-sponsored recovery program.

In the case of Katrina, it was the Office of Community Development (OCD) that oversaw the Post-Katrina Disaster Housing Assistance and Household Transition Program. https://www.huduser.gov/portal/pdredge/pdr_edge_research_041913.html

With the floods of 2016, it is the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) that took over the Shelter at Home Program.

http://gov.louisiana.gov/page/shelter-at-home-program

The Shelter at Home Program provides up to $15,000 to make a flood-damaged home habitable while the dwelling is being repaired. But the homeowner has no say in the choosing of a contractor to do the work. Nor does the homeowner receive any of that $15,000; all monies paid out go to the contractor.

Sound familiar? It should. It’s déjà vu all over again.

Despite the fact that Tony Pelicano is himself a contractor, he was told that not only could he not select his contractor for the Rental Assistance Program, but he could not even do the work himself. Nor did he receive funds to pay the contractor; that was paid by the State Office of Community Development directly to the contractor.

In both cases, the homeowner has no say about the quality of work, is unable to withhold payment should the contractor, who was not of his choosing, should do substandard work. http://www.wafb.com/story/33133888/video-raises-questions-about-shelter-at-home-program

http://www.wbrz.com/news/shelter-at-home-program-leaves-mess-in-st-amant-home/

And that is precisely why Pelicano is headed for trial the first week in October.

At the outset, a community block grant was awarded in the amount of $75,000 with the additional $14,595 in costs to be paid by Pelicano at closing.

OCD then selected Woodrow Wilson Construction Co. to serve as contractor. When Pelicano requested the ability to select his own contractor, “OCD advised him he was not entitled to have any say nor (sic) input with respect to the employment of Woodrow Wilson for the rehabilitation and reconstruction project,” one of Pelicano’s court filings says.

In September, 2009, Pelicano was personally solicited by the State of Louisiana, through Mark Maier, Program Director of the Small Rental Property Program for OCD and a principal of Maier Consulting, to submit an application to become the first test applicant with the Small Rental Program through the State Office of Community Development, Pelicano says in a sworn affidavit.

“This Program administers federal funds to small rental property owners in order to facilitate the reconstruction of small rental properties in order to return them to commerce, post-Katrina, and provide affordable housing for Katrina victims,” he said. “This is accomplished through a forgivable loan of $75,000.00 and we personally put up the additional sum of $14,595.00 from our own personal funds.

In May 2012, Pelicano said he attended a meeting in Baton Rouge attended by Maier, OCD Supervisor for the Small Rental Program Brad Swayze and Dan Rees, also of OCD. When Pelicano protested that construction change orders were made without his knowledge or consent, he says he was threatened and told he had no rights to his own property. Pelicano claims he was told if he contacted the media, his bank note would be accelerated and that a lawsuit would be filed against him—“threats that OCD fulfilled,” he says.

Those change orders included, among others:

  • Substituting non-pressure treated lumber instead of the pressure treated lumber called for in the building specifications;
  • Sloppy fittings of windows which allowed moisture to invade the structure;
  • Relocating the hot water heater to a location that could pose a threat of fire, and
  • Cutting a hole in the door in order to make the hot water tank fit.

Pelicano subsequently hired a professional engineering and inspection firm, Gurtler Brothers of New Orleans, to evaluate the reconstruction efforts. He presented copies of the firm’s photos-and-report and asked that immediate action be taken to remedy the conditions of the property.

“OCD refused,” he says, “and instead, contacted another construction company, Lago Construction Co. (which is not an engineering nor a qualified inspection firm) to conduct an ‘impartial’ inspection.”

Lago then issued a report passing off defects “as either minor or simply not in need of fixing,” Pelicano says.

Incredibly, Pelicano later learned that Lago was a business partner with Maier Consulting, headed by that same Mark Maier who simultaneously served as Program Director of the Small Rental Property Program for OCD. http://images.bimedia.net/documents/Lago+-+SRPP+Labor+Analysis+10-25-12.pdf

No conflict of interest there, right?

Oh, wait. It gets better.

The head of Lago, Praveen Kailas, whose family poured more than $23,000 into Bobby Jindal’s campaigns in 2003, 2007 and 2011, pleaded guilty in 2013 to federal charges of fraudulent billing in the…(wait for it)….Louisiana Road Home’s Small Rental Property Program. http://www.claimsjournal.com/news/southcentral/2013/08/22/235416.htm

Jindal’s office said it launched an internal investigation but dropped the probe when Mark Maier, the consultant (and, did we mention, coincidentally, Program Director of the Small Rental Property Program for OCD?) wrote a note absolving Lago of any wrongdoing.

He wrote a note, folks, clearing his business partner of wrongdoing but relied on that same business partner to block recovery by a man ripped off by the very program he headed.

Perhaps someone should have written a note for Richard Nixon, or John Wayne Gacy, or Mark David Chapman, or John Hinckley, Jr., or former U.S. Rep. William Jefferson, or former Federal Judge Thomas Porteous.

We could go on but you get the idea: He wrote a damned note to clear his partner but that same tainted relationship played a major role in events that today see the state trying to foreclose on Tony Pelicano.

What could possibly be wrong with this picture?

What could possibly go wrong with the Shelter at Home Program?

And did Jindal return any of that $23,000 from the third (at a minimum) convicted felon who contributed big bucks to his campaigns?

Or did he write a note on their behalf?

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AG Landry, Champion of Justice: nabs low-hanging fruit, turns a blind eye to actions of politically well-connected

Posted in Attorney General, Corruption, Ethics, Finances, Fraud, Governor's Office, Politicians, State Police on September 1, 2016| 17 Comments »

An interesting news release appeared in our email inbox on Thursday (Sept. 1).

The headline beneath the official portrait of Attorney General Jeff Landry proclaimed:

Attorney General Jeff Landry Makes Louisiana Public Corruption Arrest

As if the inference that Landry made the collar all by himself were not enough, the sub-headline said:

 AG Stresses Commitment to Holding Government Officials Accountable

Here is the news release in its entirety:

Louisiana Attorney General Jeff Landry today announced an arrest made in Jonesville on charges related to violating the public’s trust.

 “In order to make our state an even better place, we must end Louisiana’s checkered past of public corruption and abuse of government offices,” said Attorney General Jeff Landry (how many times can you get the name Jeff Landry in a single news release?). “This arrest highlights our commitment to investigate, apprehend, and prosecute those who defraud our State and its people (remember that statement: it comes up again later in this post). And our office will keep working with local, state, and federal partners to hold government officials accountable.”

 Leigh Ann Ingram, a former utility clerk for the Town of Jonesville, was arrested on charges of theft (over $25,000), malfeasance in office, and computer fraud. Ingram is accused of diverting over $25,000 worth of utility payments and falsifying computer records to avoid getting caught. She allegedly received cash from customers paying their electric bills and diverted the funds foe personal use.

Based on the comparison of witness statements, cash receipts, time sheets, computer log reports, and other evidence, investigators from General Landry’s Louisiana Bureau of Investigation and the Louisiana Legislative Auditor’s Office determined that Ingram altered computer records on times and dates in which she was the only clerk in attendance.

Ingram, 47, of Jena, was arrested on August 31, 2016, and booked at the Catahoula Parish Sheriff’s Office.

That should give us a warm fuzzy just as the announcement in February by Inspector General Stephen Street should help us all sleep better at night.

In that announcement, Street informed us that Department of Children and Family Services (DCFS) Kimberly Deann Lee, 49, surrendered to authorities and was booked into the East Baton Rouge Parish Prison after being charged with falsifying reports and time sheets and for malfeasance in office.

 

After Bobby Jindal cut funding for DCFS, case workers were laid off and those remaining found themselves with impossible caseloads and no transportation for field work after repairs went undone. https://louisianavoice.com/2016/03/13/dcfs-funding-slashed-necessitating-driveway-visits-but-overworked-caseworker-is-arrested-for-falsifying-records/

At the risk of sounding like a broken record, LouisianaVoice continues to ask the unanswered question:

How is that the Attorney General and the Inspector General can be so vigilant in pursuing low-level employees while turning a blind eye to those with political clout who are equally guilty of abusing their office for financial gain?

Quite frankly, we have little patience for and even less confidence in those who are in a position to accomplish meaningful reform but choose to pick low-hanging fruit, i.e. rank and file employees with neither the financial means nor the political pull to mount an aggressive defense.

Take the lingering—and obviously ignored—case of Jill Boudreaux.

https://louisianavoice.com/2014/08/24/edmonson-not-the-first-in-dps-to-try-state-ripoff-subterfuge-undersecretary-retiresre-hires-keeps-46k-incentive-payout/

In April of 2010, the Jindal administration, in an offer to implement across the board savings, made a one-time incentive package offer to various state agencies as a means to encourage state employees to take early retirement.

Handled properly, it appeared at the time—and still does appear—to have been an economical and compassionate way to nudge employees who wanted out but who could not afford to retire, into making the decision to walk away, thus reducing the number of state employees which in turn translated to long-term savings in salaries and benefits paid by the state.

On April 23 of that year, DPS Deputy Undersecretary Jill Boudreaux sent an email to all personnel informing them that the Department of Civil Service and the Louisiana State Police Commission had approved the retirement incentive as a “Layoff Avoidance Plan.”

In legal-speak, under the incentive eligible applicants would receive a payment of 50 percent of the savings realized by DPS for one year from the effective date of the employee’s retirement.

Boudreaux, by what many in DPS feel was more than mere happenstance, managed to be the first person to sign up on the date the internet link opened up for applications.

In Boudreaux’s case, her incentive payment was based on an annual salary of about $92,000 so her incentive payment was around $46,000. In addition, she was also entitled to payment of up to 300 hours of unused annual leave which came to another $13,000 or so for a total of about $59,000 in walk-around money.

Her retirement date was April 28 but the day before, on April 27, she double encumbered herself into the classified (Civil Service) Deputy Undersecretary position because another employee was promoted into her old position on April 26.

A double incumbency is when an employee is appointed to a position that is already occupied by an incumbent, in this case, Boudreaux’s successor. Double incumbencies are mostly used for smooth succession planning initiatives when the incumbent of a position (Boudreaux, in this case) is planning to retire, according to the Louisiana Department of Civil Service.

On April 30, under the little-known retire-rehire policy, Boudreaux was rehired two days after her “retirement,” but this time at the higher paying position of Undersecretary, an unclassified, or appointive position.

What’s more, though she “retired” as Deputy Undersecretary on April 28, her “retirement” was inexplicably calculated based on the higher Undersecretary position’s salary, a position she did not assume until April 30—two days after her “retirement,” sources inside DPS told LouisianaVoice.

Following her maneuver, then-Commissioner of Administration Angelé Davis apparently saw through the ruse and reportedly ordered Boudreaux to repay her incentive payment as well as the payment for her 300 hours of annual leave, according to those same DPS sources.

It was about this time, however, that Davis left Gov. Bobby Jindal’s administration to take a position in the private sector. Paul Rainwater, Jindal’s former Deputy Chief of Staff, was named to succeed Davis on June 24, 2010, and the matter of Boudreaux’s payment quickly slipped through the cracks and was never repaid.

Six years later, in February of this year, Boudreaux finally retired for real, reportedly at the insistence of Gov. John Bel Edwards, who considered Boudreaux and the duplicitous maneuver and her accompanying financial windfall as something of an embarrassment.

https://louisianavoice.com/2016/02/29/dps-undersecretary-jill-boudreaux-retiring-for-real-this-time-6-years-after-taking-incentive-buyout-at-governors-directive/

When considering how Boudreaux successfully milked the system for what would appear to be a less than legitimate financial gain, one has to wonder how she manages to escape the self-serving law and order diligence of Landry and Street.

Or are their efforts to rid the state of official corruption a case study in selective justice?

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