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How would a public official, say a parish president, manage to skirt the Louisiana public records laws and ignore votes of the parish council and get away with it?

Well, if you’re Plaquemines Parish President Billy Nungesser, and if you had 18 writs of mandamus pending against you for non-compliance, you would simply ride out the storm until your newly-elected, hand-picked council takes office and have a friendly council member move to rescind any pending adverse action.

That’s precisely what Nungesser did in late 2010. He blatantly ignored the law and waited out his adversaries. And it apparently worked.

No wonder he thought he could do an end run around Gov. John Bel Edwards by conspiring with State Republican Party Chairman Roger Villere in that completely embarrassing Iraqiscam-super tanker-proposal-to-cure-Louisiana-of-its-fiscal-problems that left him—and Villere—with a little something more disgusting than egg all over their faces.

With ample evidence of his contempt for the law prior to becoming lieutenant governor and his willing violation of protocol since becoming the second-highest elected official in the state, can there be any reasonable expectation of significant change in his conspiring makeup during the rest of what is almost certain to be a single term.

Probably not. He is what he is: an underhanded politician fully capable of any action, legal or otherwise, that will enhance the career and burnish the public image of William Harold “Billy” Nungesser.

He is Bobby Jindal without the charm. He is Chris Christie without the finesse. He is Scott Walker, Rick Scott, and Sam Brownback rolled into one, but without their compassion. In short, he is Billy Nungesser, yet another electoral accident visited upon unsuspecting—or uncaring—Louisiana voters, a man worthy of the scorn of Public Service Commissioner Foster Campbell before it was cool to be scornful of the man. But that’s a story for another day and it will have to wait.

Right now there is his record as Plaquemines Parish President—a job he won by a large majority, by the way—that begs closer examination as a clue into what we expect of him as lieutenant governor, a peek already provided by that ridiculous Iraqi oil tanker scam blunder.

Actually, Nungesser’s defiance of the parish council began way back on July 23, 2009, when the council voted to direct the council attorney to enforce a parish ordinance by “shutting down the operations of all unpermitted borrow pits located within the parish.” That was followed on Dec. 10, 2009, by a council resolution to authorize and direct the council attorney “to take any and all legal action, including but not limited to the filing for injunctive relief and/or mandamus” to obtain and examine “all transactions (including but not limited to any and all construction contracts, capital projects, professional contracts, cooperative endeavor agreements and intergovernmental agreements) entered into by and all expenditures incurred by the parish through the office of the Parish Presidents (or any of its departments or agencies) since January 1, 2007.”

Res 09-253 Mandamus-borrow pits, seal, parish decal

Res 09-533 any and all legal action by Council Attorney or Designee

A writ of mandamus is Latin for “we order” and is defined as a writ which “orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.” http://dictionary.law.com/Default.aspx?selected=1203

Each of the 16 subsequent similar actions by the council were taken in 2010 in the months leading up and immediately following the October 2, 2010, elections for parish council and parish president.

Seven of the 18 resolutions passed by the council were for the purpose of forcing Nungesser to comply with public records requests.

Besides the 2009 resolutions cited above, subsequent resolutions passed by the Plaquemines Parish Council during 2010 directing:

May 27—Nungesser to turn over copies of any “and all contracts, cooperative endeavor agreements or memos of understanding…from April 15, 2010, related to the effects of the Deep Water Horizon Incident, through the effective date of the resolution…” and a second calling for Nungesser to submit to the council copies of “any and all contracts, financial records, cooperative endeavor agreements or memos of understanding…from January 1, 2007 through the date of the resolution.

Res 10-199 All contracts etc from Pres since 4-15-10

Res 10-198 All contracts etc from Pres since 1-1-07

July 8—Nungesser to sign all revenue bonds approved by the council on Feb. 11, 2010, in the amount of $18 million. Res 10-251 Directing Pres to sign $18M bond documents or Mandamus filed

July 22—Nungesser to produce documents “previously requested by the…council Audit Committee and the parish council pursuant to” one of the May 27 resolutions “to compel him to produce any and all documents pertaining to all of the Federal Emergency Management Agency (FEMA) expenditures.

Res 10-273 Mandamus for records requests

August 12—The council’s legal department to initiate legal proceedings if necessary in order to obtain a copy of the agreement for council fiscal agent from June 1, 2008, through May 31, 2010 pursuant to the council’s first request for the document made on June 29, 2010. Res 10-294 Fiscal Agent PRR

October 28—The council’s legal department to initiate legal action to compel Nungesser “to enter into and execute a purchase agreement with two realty companies for six acres to be used for a recreation park, athletic fields, walking track and picnic area pursuant to the council’s approval of the purchase on June 26, 2008. Res 10-463 Resol mandamus to execute purchase agree with White Oak

November 11—The council’s legal department to initiate legal action to compel Nungesser “to assist with and finalize all plans for design and engineering as needed for the raising of an East Bank levee; the council’s legal department to initiate legal proceedings to compel Nungesser to honor a contract with a New Orleans law firm and to issue payment for services rendered by firm attorney Robert Barnett; the council’s legal department to take legal action to force Nungesser to transfer $3 million in funds to a parish levee project; Nungesser to provide “any and all documents, pleadings, emails, facsimiles, correspondence, letters, memorandums, interoffice documentation and intra-office documentation generated by Stephen Braud” as an attorney for the parish from Jan. 1, 2010, to date of the resolution.

Res 10-486 Mandmaus to assist with plans for raising EB levee

Res 10-485 Res No. 10-485 authorizing Mandamaus to pay Guste, Barnett

Res 10-482 mandamus transfer LRA EB Consolidated Complex Project to EB Non Fede

Res 10-481 Braud Pub Rec Request and mandamus

December 9—Nungesser to provide “any and all project worksheets, contracts, agreements, memoranda of understanding, etc., relative to FEMA funding executed by Nungesser” from Jan. 1, 2007, to the date of the resolution; Nungesser to provide a copy of “any and all professional services contracts” between the parish and All South Consulting Engineers from Jan. 1, 2007, to the date of the resolution; the parish legal counsel to initiate against Nungesser in order to force him to begin a resurfacing/striping project on LA. 15; the council legal department to initiate legal proceedings to compel Nungesser to remove “all movables” from the Ft. Jackson Port. Res 10-512 directing pres to submit all documents for FEMA funding from 1-1-07

Res 10-511 Mandamus directing pres to submit all contracts with AllSouth from 1-1-07

Res 10-514 Authorize Council legal dept to file mandamus to resurface hwy 15

Res 10-520 Ft Jackson Port MSRC Building-file Mandamus

December 31—Nungesser to enter into a contract with Deep South Associates; Nungesser to sign “any and all documents” with Fenstermaker & Associates for the engineering and the hiring of a surveyor to identify parish right of way and levee footprint for a levee lift in the parish.

Res 10-521 rober’t draft Deep South Associates

Res 10-524 Fenster Maker

Failure by Nungesser to comply with council actions regarding infrastructure work and contracts, provided such action was legal, could conceivably have been construed as malfeasance.

But the question of what is and what is not considered public record is clearly defined in L.S. 44:1 et seq. LOUISIANA PUBLIC RECORDS ACT

So what did Nungesser do?

Nothing, absolutely nothing—except perhaps to conspire with allies on the council to let the clock run until new members on the council would give him a majority to do as he pleased, including having the 18 resolutions rescinded.

And that’s precisely what happened.

Consider an email from Stuart Guey, Jr., a council member firmly entrenched in Nungesser’s camp. The email, written on April 8, 2011, was written to Assistant Parish Attorney Michael Mullin and copied to other council members, including Nungesser, said:

“I received a letter from (retired Baton Rouge State District Judge) Frank Foil regarding his appointment as ad hoc judge on the remaining Mandamus suits. It would be wonderful if the suits all can be resolved. I asked that resolutions be prepared for introduction to dismiss all writs but all Council members will have to know that the requested information has been compiled and where to view the information before it would be voted upon. I understand all the requested information may be on a disc that can be sent to everyone. If the information, in any format, is not provided to all Council members in a timely manner we will have to solicit legal counsel and proceed with the litigation. I hope this can be prevented. Please let me know what can be done.”

And, of course, once the resolutions to dismiss were put to a council vote, the writs conveniently went away.

Such is the type of ruthless control Nungesser exercised in Plaquemines Parish—somewhat reminiscent to the way old Leander Perez once reigned supreme in Plaquemines.

But such tactics aren’t going to fly in Baton Rouge.

LouisianaVoice currently has public records requests pending with Nungesser’s office and we aren’t going to wait much longer for a response. We requested—and received—his appointment calendar since taking office but we have yet to receive a response of any description on our requests for emails and other correspondence.

Nungesser may think that he’s omnipotent and that a little ol’ pissant writer out in Denham Springs doesn’t have a chance against the clout of the lieutenant governor’s and the Louisiana Attorney General’s offices, should the latter be called in to defend him.

But we have taken the state to court on three occasions over the non-production of public records and we will not hesitate to do so again. That’s because we have that one very important thing on our side: the Louisiana Constitution and we aren’t afraid to smack Nungesser upside the head with it.

And if we do, there won’t be a Plaquemines Parish Council to bail him out.

 

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Iraqi oil scams, critical compliance audits, litigation over the misappropriation of public funds, questionable land deals, botched Wal Mart deal involving Bobby Jindal’s father-in-law.

They’re all just another day at the office for Lt. Gov. Billy Nungesser.

When Baton Rouge Advocate reporters Rebekah Allen and Richard Thompson did some good old-fashioned journalistic digging last week to report that hysterical Iraqi oil scam perpetrated by Nungesser and political ally State Republican Party Chairman Roger Villere, it threw LouisianaVoice into a scramble mode. http://theadvocate.com/news/politics/15398751-125/lt-gov-billy-nungesser-gop-chairman-roger-villere-work-to-recruit-unlikely-iraq-to-louisiana-busin

In short order we found that Nungesser and Villere had fallen for a similar con run by the same company (Alexandros, a corporation registered in Delaware), but instead of the State of Louisiana and Nungesser and Villere, the targets were the governor of the U.S. Virgin Islands and former Baton Rouge Metro Council member Darrell Glasper. https://louisianavoice.com/2016/04/12/louisiana-has-a-new-clown-prince-but-its-egg-not-a-pie-all-over-lt-gov-nungessers-face-after-succession-of-blunders/

But by the time the light came on in Nungesser’s head, Krusty had already been cued. https://www.youtube.com/watch?v=SzLHU6S4oic

By then, however, it was too late. He had fired off letters to Secretary of State John Kerry, the U.S. Ambassador to Iraq Stuart Jones and to Iraqi Prime Minister Haider al-Abadi, and even issued a press release to (thankfully) only one news outlet, The Washington Post which (again, thankfully) did not run with the story.

Oh, and he also passed himself off as the one man in state government responsible for economic development (quick: someone let Secretary of Economic Development Secretary Donald Pierson know) and he said he was acting on the directive of Gov. John Bel Edwards (he wasn’t).

Sources tell LouisianaVoice that when Edwards heard about the two-man theater of the absurd, he had two state troopers interrupt Nungesser during an address to a group of businessmen and escort him to the governor’s office where he had a little come-to-Jesus meeting with Edwards. We weren’t able to get a confirmation or denial of that story

Nungesser, of course, did the only logical thing: he first blamed his staff, saying the letters should never have reached his desk. He then tried to throw Villere under the bus by saying the state GOP chairman had requested the letters from him. Finally, in an appearance on the Jim Engster radio show, he said the letters were in the middle of a stack of thank-you notes and he didn’t actually read them.

Did he learn his lesson? Apparently not. Even after the Iraqi letter-writing frenzy blew up in his face, he then told another group that Edwards had put him in charge of coastal restoration.

Nice.

Trying to imagine Nungesser sitting at his desk feverishly signing all those thank-you notes, it’s difficult not to visualize Gov. William J. Lepetomane signing a succession of documents handed him by aide Hedley Lamarr in the movie Blazing Saddles. https://www.youtube.com/watch?v=sm1Jyusyoqk

Back during those heady days as Plaquemines Parish President, Nungesser decided he’d like to bring a brand spanking new Wal Mart to the lot at the corner of LA. 23 and LA. 406 in Belle Chasse.

The only problem was there was a moratorium on big box stores on the books that the parish council had passed and by the time it expired about a year later, the tide of opinion on the council had turned against Nungesser’s proposal.

The land in question was—and is—owned by several former employees of Freeport McMoRan, one of whom is Jatinder (Jay) Jolly.

Jolly is the father of Supriya Jindal, wife of former Gov. Bobby Jindal.

After the deal collapsed, only a small building owned by Freeport McMoRan sat on the property but now it has been torn down and only a concrete slab remains, leading to speculation that the Wal Mart proposal may be resurrected.

A 2010 compliance AUDIT conducted by the Legislative Auditor’s Office while Nungesser still served as parish president is especially telling.

A compliance audit is different from a routine annual audit in that a compliance audit is an audit for compliance of laws, regulations and other guidelines that a governmental entity is required to follow.

In short, the compliance audit found that:

  • The Parish may have violated the parish Charter and a local ordinance by entering into two contracts pertaining to recovery operations.
  • The Parish Administration may have violated the Local Government Budget Act by not including Federal Emergency Management Agency (FEMA) grants within the Parish budget.
  • The Parish’s attorney may not be properly approved by the Council as required in the Parish Charter.
  • The Parish President (Nungesser) may have violated the Louisiana Code of Governmental Ethics through real estate transactions between his trust and the owners of two Parish vendors.

In that last finding, auditors said in January 2008, the owners of two companies doing business with the parish “were also involved in a private real estate transaction with a trust whose beneficiary is Parish President William Nungesser. These transactions may constitute a violation of the Louisiana Code of Governmental Ethics and therefore will be referred to the Board of Ethics for its consideration.”

Since Nungesser was a political ally of Jindal and the Board of Ethics members are appointed by Jindal, nothing came of that referral.

Nungesser, in typical fashion, saw no fault in his actions and fired off a defiant 12-page letter of response to the state auditor in which he painted himself as the savior of a parish devastated by hurricanes and the BP Deepwater Horizon oil spill. He even managed to tell auditors what their job was in his response, saying they had “no authority” to second-guess his decision as to when a state of emergency was ended.

If he could find no fault, members of the Plaquemines Parish Council certainly could (with the exception of Council Chairman Kirk Lepine.)

On Oct. 15, just nine days before the Oct. 24 primary election last fall, the Plaquemines Parish Government filed suit against Nungesser in 25th Judicial District Court in Plaquemines Parish.

The lawsuit accuses Nungesser of causing “the misappropriation of public property and public services” by having Plaquemines Parish employees perform work on private property.

The suit says he ordered parish employees of the Heavy Equipment Department to transport limestone, sand aggregate and asphalt belonging to the parish to two private roads in the parish and to cut trees and dig out a drainage ditch prior to installing a drain pipe with an 8-by-20-foot culvert and then backfill on private property on LA. 23 in Belle Chasse.

Now Lepine has offered up a motion for the parish to drop the lawsuit.

Perhaps it’s only coincidence that Lepine’s stepdaughter works for Nungesser.

CLOWN IN CHIEF

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In North Korea, to the best of our knowledge about that closed society, political dissidents quietly disappear, rumored to receive a bullet to the back of the head.

In the old Soviet Union, dissidents were disposed of in similar fashion—with a bullet behind an ear. Today, Vladimir Putin apparently prefers the quieter—and cleaner—method of ricin-tipped umbrellas.

Thankfully, we are a bit more civilized.

But a purge is still a purge and things are about to get very nasty over at the Louisiana State Troopers’ Association, an organization that is growing increasingly more rogue with each new revelation.

Now the LSTA has under consideration a six-point proposal to change the organization’s by-laws to allow the expulsion of LSTA members without cause.

That’s right: The practice of Teaguing, perfected by Bobby Jindal, has wormed its way into the Louisiana State Troopers’ Association. The timing of the move couldn’t be more obvious.

The proposal apparently is aimed at a few retired troopers who dared question what may yet turn out to be illegal political activity and campaign contributions by LSTA and certain of its members.

The LSTA’s Web page says, “The Louisiana State Troopers Association is a fraternal organization representing the men and women of the Louisiana State Police. The LSTA represents approximately 97 percent of the commissioned officers as well as a substantial portion of the State Police Retirees.” https://latroopers.org/about

Suddenly, with the proposed changes on the table, it doesn’t seem so “fraternal” anymore.

First there was that endorsement of John Bel Edwards last November, the first ever by the association, which raised all manner of questions about the propriety of political endorsements by an organization, albeit a private one, on behalf of Louisiana state troopers who are forbidden by statute from political activity.

Then came the news of some $45,000 in political contributions (about $10,000 each to Edwards and Bobby Jindal) over the past several years. Even more questionable was the method by which those contributions were made: LSTA Executive Director wrote personal checks and made the contributions in his name but then was reimbursed by the association for “expenses,” prompting State Police Commission (the equivalent to the state Civil Service Commission) to observe the whole thing took on the shady characteristics of money laundering.

For what it’s worth, when LouisianaVoice broke the news about the unexplained circuitous route of the campaign funds from LSTA through Young, Edwards refunded the money he received. Jindal, ever the shining beacon of his highly touted gold standards of ethics, did not.

The LSTA board did balk when asked to write a letter to then Gov.-elect Edwards endorsing State Police Superintendent Mike Edmonson for re-appointment. That request was not made directly by Edmonson, but there is little doubt that the idea originated with him.

When retired state troopers (members of LSTA, incidentally) tried to get answers about the decision-making process and the source of the campaign money they encountered instant resistance as the association dug in its heels. They’re a private organization, don’t you know, and it’s no one’s business—not even that of members. So naturally, you shoot the messenger.

So the retirees, led by Scott Perry and Bucky Millet, filed a formal complaint with the State Police Commission whose chairman, Franklin Kyle, took the position that the commission had no authority because LSTA was a private entity.

But its membership is not, Perry and Millet argued. The LSTA board is comprised of state troopers and if the board made those decisions, it was state troopers over whom the commission has oversight who may have violated terms of Article X, Sec. 47 of the Louisiana State Constitution: No member of the commission and no state police officer in the classified service shall participate or engage in political activity; be a candidate for nomination or election to public office except to seek election as the classified state police officer serving on the State Police Commission; or be a member of any national, state, or local committee of a political party or faction; make or solicit contributions for any political party, faction, or candidate; or take active part in the management of the affairs of a political party, faction, candidate, or any political campaign, except to exercise his right as a citizen to express his opinion privately, to serve as a commissioner or official watcher at the polls, and to cast his vote as he desires. (Emphasis added)

LouisianaVoice then discovered that three members of the commission charged with enforcing those laws had themselves been active in the political arena during the time they were sitting on the commission. Commission Chairman Kyle was among the three. The others were William Goldring and Freddie Pitcher.

Pitcher was the first to go, announcing his resignation soon after we revealed that he had made political campaigns himself. Then on Thursday, after a nine-page report by Natchitoches and former State Sen. Taylor Townsend recommended the removal of all three, Kyle and Goldring submitted their letters of resignation.

Obviously, the LSTA and Edmonson were highly offended over the unwelcome questioning by retirees. They were raining on the association’s parade and it wasn’t appreciated one bit. The forced ouster of three commission members who had also made tens of thousands of dollars in campaign contributions did nothing to assuage those feelings.

So now we have that six-point proposal that would allow the LSTA to rid itself of those noisy old has-beens who the association apparently thinks should just ride quietly off into the sunset.

But this over-the-hill gang still has a few battles left to fight in its effort to preserve the integrity of a once-noble organization that has descended into the depths of political deals and dirty tricks. Those retirees are the ones who built the LSTA and they are pissed that a bunch of politically motivated board members who were in diapers or yet unborn when LSTA was founded have chosen to pervert its intended purpose.

Here is the six-point by-laws change currently being proposed:

  • The affiliate troop (Troop A, Troop B, etc.) to which the member is attached shall move to remove the member via a vote of the members present at a duly called meeting of said affiliate.
  • The cited member shall receive formal written notification of the action pending against him and shall have an opportunity to respond to such action. Response may be either via written reply or in person at the next scheduled affiliate meeting.
  • The affiliate membership shall then take a vote on the motion to remove the member.
  • If the motion carries, the affiliate president shall report the action to the Board of Directors of the Association, who will then notify the cited member of the action and offer him an opportunity to appeal his removal.
  • After hearing any appeal of the action, the Board of Directors will vote to ratify or decline the member’s removal.
  • At any time that the Board of Directors of the Association feel that removal of a member is warranted, they may initiate such action via a motion from a Board member by following the procedure beginning in Step 4 above.

Apparently the proposed changes apply only to male members: Point 2 refers to “action pending against him” while Point 4 said the LSTA will “offer him” an opportunity to appeal. I don’t know about you, but that sounds a tad sexist to me.

But it is that last point, Point number Six, that is crucial and eerily reminiscent of the manner in which Edmonson attempted to swing an illegal $55,000-a-year increase in his retirement benefits. In 2014, an amendment was tacked onto a benign Senate bill during the closing hours of the legislative session which ignored an irrevocable action taken years before by Edmonson that froze his retirement benefits.

Generous retirement benefit boost slipped into bill for State Police Col. Mike Edmonson on last day of legislative session

The provision in Point 6 appears to allow the LSTA board to circumvent the individual troops, or affiliates, by initiating expulsion action on its own, a provision which would, in effect, negate any input from affiliate troops.

It’s obvious to even the most casual observer now that the LSTA is no longer a “fraternal” organization, but one that is highly politicized—and vindictive to the core. By rolling out this proposal, it is clear that dissention will not be tolerated: what the board wants trumps anything the membership desires.

Perhaps that is why LouisianaVoice is picking up rumblings that the association has lost membership from among the ranks of active troopers. Apparently even the active troopers who are subject to extreme pressure from above, i.e. Edmonson, want no part of what LSTA has become.

That may also be the reason we’re also hearing that private donations to LSTA have slipped over the past several months. Benevolence is one thing; political activism by an organization that passes itself off as a “fraternal organization” is something else altogether.

LouisianaVoice sent the following email to David Young earlier today:

From: Tom Aswell
Sent: Friday, April 15, 2016 10:52 AM
To: David Young
Subject: QUESTIONS

Mr. Young, please respond to the following questions:

  • What is the purpose of this proposed by-laws change?
  • Who proposed it?
  • Was the board’s vote unanimous?
  • Is it aimed at any retired troopers in particular?
  • How many troops (affiliates?) have already recorded votes for and against this proposal?
  • Has the LSTA lost membership in recent months?
  • Has the LSTA experienced a drop in private donations in recent months?

I eagerly await your response.

I am still waiting.

Meanwhile, the time has long passed when Gov. Edwards should intervene and rein in the LSTA board members. Allowed to continue their off-the-reservation activity, they will only bring further embarrassment to the administration which has already come under considerable criticism for the re-appointment of both Edmonson and Department of Corrections Secretary Jimmy LeBlanc.

Certainly, Governor, your  plate is full with a massive budget deficit but when you were elected, you were elected as the CEO over all departments in the state.

You cannot afford to ignore festering problems in any department, especially one as high-profile and as saddled with morale issues as the Department of Public Safety and the Louisiana State Police.

 

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The second and third members of the Louisiana State Police Commission (LSPC) resigned Thursday in the wake of earlier reports by LouisianaVoice that they had contributed to political campaigns in violation of the Louisiana State Constitution.

Their resignations of William Goldring and commission Chairman Franklin Kyle came on the heels of a nine-page report prepared by Natchitoches attorney Taylor Townsend. Taylor was contracted by commission Executive Director Cathy Derbonne after LouisianaVoice and the Baton Rouge Advocate revealed that they and a third member, retired appellate court judge Freddie Pitcher, faced removal from the commission because of their political campaign contributions while sitting as commission members. http://theadvocate.com/news/15297801-173/three-members-of-louisiana-state-police-commission-may-be-ousted-over-campaign-contribution-issue

INVESTIGATIVE REPORT

Pitcher resigned several weeks ago prior to Taylor’s being contracted to prepare the report.

The violations of the prohibition against political activity was an even more volatile issue because the commission was debating whether or not to initiate an investigation of the Louisiana State Troopers’ Association (LSTA) over its laundering association money through its own executive director David Young. https://louisianavoice.com/2016/03/10/state-police-commission-members-probing-lsta-appear-to-have-committed-similar-campaign-contribution-violations/

In his report to Derbonne, Townsend noted that statements contained in his report were supported by public records maintained by the Louisiana Ethics Administration Program, the Louisiana Secretary of State, State Police Commission oaths, and the Federal Elections Commission—the same sources cited by LouisianaVoice.

Quoting from the Louisiana State Constitution, Townsend said, “Members of the State Police Commission and state police officers are expressly prohibited from engaging in political activity. More specifically, Section 47 provides that ‘No member of the commission and no state police officer in the classified service shall participate or engage in political activity…make or solicit contributions for any political party, faction, or candidate…except to exercise his right as a citizen to express his opinion privately…and to cast his vote as he desires.’”

Willful violation of the relative provisions, he said, “is a crime, a misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than six months, or both,” Townsend said.

“The integrity of the State Police Service requires your immediate action and attention,” he said in his conclusion. “The law, specifically the Louisiana Constitution…and State Police Commission Rule 14.2, are both clear: ‘Members of the State Police Commission are expressly prohibited from participating in political activity.’ The findings of fact outlined (in his report) clearly show evidence of multiple violations of the applicable law by Mr. Kyle and Mr. Goldring. As you know, the authority to remove members of the commission is invested in the Governor. Barring voluntary resignation by these members, I see no alternative but to ask the Governor to call a public hearing.”

At Thursday’s meeting it was learned that Kyle had submitted his resignation letter prior to the 9 a.m. meeting after reviewing an advance copy of the report. Goldring said through the brief meeting but submitted his resignation letter later on Thursday.

FRANKLIN KYLE RESIGNATION LETTER

In his letter, which was sent by email, Kyle said, “I was provided a copy of the report by Mr. Townsend last night regarding commissioners that (sic) have broken LSPC rules…

“Given this information, I think it proper to tender my resignation. Attached, please find a letter to the governor regarding such.”

Goldring wrote, “After reading Mr. Townsend’s legal interpretation of the rules and regulations for Louisiana State Police Commissioners, I respectfully have no issues with his interpretation. The work of the commission is extremely important and should not be distracted and, therefore, I believe it is in everyone’s best interest for me to resign immediately.”

GOLDRING RESIGNATION LETTER

Pitcher resigned by letter dated March 29. “Now that I am fully aware of the prohibition, I feel that I must step down as a commission member…” he wrote.

PITCHER CAMPAIGN CONTRIBUTIONS

With the resignations, the commission is far from finished with its work regarding the LSTA’s funneling nearly more than $45,000, including $10,000 each to Bobby Jindal and Gov. John Bel Edwards through Young to political candidates last year. Even though the LSTA is a private organization as opposed to a public entity, its membership is comprised of state troopers who, like the LSPC members, are prohibited from political activity.

Even with the resignations, the commission still has a quorum but will probably delay initiation of an investigation. Young and the LSTA are beyond the commission’s purview but it does have authority to conduct a probe of which members of the association made the decisions to reimburse Young for his contributions as well as the decision to endorse Edwards in last November’s runoff election between Edwards and U.S. Sen. David Vitter. Those responsible for the decisions would apparently be in violation of the constitution.

KYLE CONTRIBUTIONS

GOLDRING CONTRIBUTIONS

PITCHER CAMPAIGN CONTRIBUTIONS

 

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CONSEQUENCES OF VOTING

LIEUTENANT GOVERNOR:

Melvin L. “Kip” Holden (DEM)             Defeated         506640            45%

“Billy” Nungesser (REP)                     Elected            628876            55%

Turnout: 40.2% 

We’re not yet halfway through the 2016 legislative session in which lawmakers and Gov. John Bel Edwards are struggling to close a $2 billion budget gap for the coming fiscal year but attention has been diverted from that knotty problem by one of the most bizarre political behavior since Earl Long’s mental crash of 1959, accompanied by a whirlwind tour of the Southwest and his fling with stripper Blaze Starr.

Lt. Gov. Billy Nungesser fell for a phishing scam that’s been around at least three years and in doing so, proved beyond any shadow of a doubt that Louisiana’s electoral legacy of a revolving door for scalawags, con men, thieves and clowns is securely intact. And while we’re at it, let’s not leave out outright idiots and demagogues.

You’d think we had at least partially rid ourselves of that ilk with the exit of Bobby Jindal, but you’d be oh, so wrong. There apparently is no shortage of egos or stupidity to go around and sadly, we keep electing them. The legislature is riddled with those who have set themselves apart from reality.

Thanks to the diligence of Baton Rouge Advocate reporters Rebekah Allen and Richard Thompson, we are now assured that Billy Nungesser is heir-apparent to the title of Chief Clown in residence—a worthy successor to Jindal, we might add.

The two reporters on Sunday (April 10) broke an astonishing story that Nungesser, abetted by state Republican Chairman Roger Villere, not only fell for a huge scam involving a supposed agreement between a Delaware-based corporation, a Lake Charles refinery, and the Iraqi government, but he did it without the knowledge or consent of Gov. John Bel Edwards on whose behalf he claimed he was acting. http://theadvocate.com/news/politics/15398751-125/lt-gov-billy-nungesser-gop-chairman-roger-villere-work-to-recruit-unlikely-iraq-to-louisiana-busin

For sheer audacity, it even surpassed Huey Long’s classic “Round Robin” pledge by 15 senators to block his impeachment back in 1929. Huey, after all, was battling for his political life while Nungesser was only feeding his inflated ego like a ravenous wolf devouring a fresh deer carcass. And he fed it with a story that had no basis in fact. And he did it for all the world to see. And then he apologized. Sort of.

While Baton Rouge was metaphorically wiping its eyes and laughing at this buffoon, we did a quick Internet search and found that a former East Baton Rouge parish councilman and failed mayoral candidate fell for a variation of the same scheme involving the same Delaware corporation three years ago. More about that later.

First, here is what has transpired thus far:

  • Villere, the state GOP brain bust…er, trust, apparently approached Nungesser for a new billion-dollar deal that involved a plan by Alexandros, Inc. http://alexandrosinc.com/index.html to partner with Pelican Refinery of Lake Charles http://www.pelican-refinery.com/index.html in signing a 25-year agreement to become the exclusive shipping company for the Iraqi government’s oil marketing arm, interchangeably called the State Organization for Marketing Oil and the State Oil Marketing Organization (SOMO). The plan called for the transporting of up to 150 million barrels of Iraqi oil each month. http://www.alexandrosinc.com/shipping.html
  • Alexandros, headed by CEO Markos Fuson of California, proposed reopening the former Avondale Shipyard on the Mississippi River near New Orleans. The facility shut down in 2014.
  • Alexandros also proposed building more than 40 new ships, “super-tankers,” capable of hauling 200 million barrels of oil per month.
  • Fuson supposedly committed to investing 100 percent of his profits from the venture in Louisiana’s motion picture industry and to then invest his share of film profits into an as-yet-to-be-created charitable foundation that would provide education, health care and housing assistance to Louisiana’s minorities.
  • Pelican Refining’s role in the scenario was unclear, given the fact the Lake Charles facility only produces asphalt and road oil. It has not processed sweet or heavier crude oil in more than a decade, The Advocate quoted the Louisiana Department of Natural Resources as saying.

If all that sounds implausible enough, consider this: Nungesser, salivating over the prospects of establishing himself as the state’s economic emancipator, then took matters into his own hands. In quick succession, he:

  • Issued a press release in March saying that Iraqi’s export agency had signed off on Alexandros’s request to partner with Pelican Refining to purchase light and heavy crude oil from SOMO.
  • Inexplicably sent the press release only to the Washington Post which, recognizing a con when it saw one, chose not to publish the release.
  • Represented himself in the news release as well as in letters to representatives of the Department of State and to Iraqi officials as Louisiana’s economic development recruiter (he’s not; that duty falls to the Secretary of Economic Development, in this case, Donald Pierson). “The honorable governor of Louisiana, John Bel Edwards, has given me a directive to expedite economic stimulus for the state of Louisiana,” Nungesser lied in his letter to Iraqi Prime Minister Haider al-Abadi, adding, “This request for Your Excellency’s advocacy is part of my office’s effort to fulfill that directive.”
  • Wrote similar letters to Stuart Jones, ambassador to Iraq, and to Secretary of State John Kerry in which he again passed himself off as the state’s key economic development leader. “It is with sincere gratitude that I, Billy Nungesser, as the lieutenant governor of the state of Louisiana, respectfully request the Department of State’s additional advocacy to the Republic of Iraq on behalf of the state of Louisiana,” he wrote to Kerry and Stuart.
  • Said in his letters that he copied Edwards with all correspondence. Not so, said a spokesman for the governor’s office, who said Edwards never received a copy.
  • With egg all over his face, denied reading, let alone writing the letters that he signed. Instead, he officially kicked off the blame game, saying first that Villere, an old friend and political ally, had told him he wanted a letter expressing the state’s interest.
  • In the lowest of lows, blamed his staff, saying the letters should never have made their way to his desk. “We’re changing the way some things flow in my office to make sure this doesn’t happen again,” he was quoted as saying by The Advocate.
  • Apologized to Edwards. “I would have never used the governor’s name without his permission,” he added.

Falah Alamri, SOMO director general, said the entire deal was a scam, “a hundred percent not real,” The Advocate story says.

But wait. Jeff DeRosia, operations manager for Grand Isle Shipyard in Galliano, says otherwise. “I know they’re real. One hundred percent,” he said. DeRosia, it should be noted also is executive vice president of domestic sales for Alexandros, according to Alexandros documents.

So just where does Villere figure in this entire sordid mess? Who knows? He did, however write his own letter back in February to the Iraqi prime minister and the minister of Oil, Adil Abd al-Mahdi in which he laid out the “urgent next steps that the state of Louisiana and the United States insist upon.” Some of those steps included SOMO’s granting legal authority and the issuing of contracts to Pelican Refining.

It’s still unclear how Villere considered himself in a position to insist on anything on behalf of the United States or Louisiana governments.

The three—Nungesser, Villere and DeRosia—would have been wise to do even the slightest bit of investigation before going off the reservation the way they did.

Our own quick search found a Web site called Ripoff Report in which a Baton Rouge writer in February 2013 warned of a similar scheme by Alexandros. http://www.ripoffreport.com/r/Alexandros-Inc/Highland-California-92346/Alexandros-Inc-Attempt-to-Defraud-with-Fake-Documents-Highland-California-1053139

In that report, Terry Easley produced a letter purportedly from the Iraqi State Oil Marketing Organization attesting to a professional relationship between Alexandros, Inc., Fuson, and the Iraqi government. The letter was signed, supposedly by Sarmad H. Abd, SOMO general manager of contracts, and John Percy de Jongh, Jr., governor of the U.S. Virgin Islands.

Easley pointed out discrepancies in the letterhead of that sham letter, comparing it to one he received on April 29, 2013, from SOMO Director General Alamri. The Alamri letter, he said, was on the correct letterhead, complete with correct logos, addresses and contact information in both English and Arabic. Here are the contents of that letter:

TO: Mr. Terry L. Easley

Email: [REDACTED]

Subj./Fraud Document

Reference to you letter dated 26th April 2013.

Please note the following:

1-The Document attached to your above letter is fraud and has never been issued by SOMO.

2-SOMO has no business relationship whatsoever neither with a company named “Alexandros, Inc.” nor with a person called “Sarmad H. Abd”.

3-Our policy is to deal directly and exclusively with End Users (refining system owners) and not through traders or middlemen.

Best Regards,

Dr. Falah J. Alamri

Director General

/04/2013

Oil Marketing Organization (SOMO) Fax: + 964 1 7726 574 / + 964 1 7742 979

PO Box 5118 Email: info@somooil. Gov. Iq

Baghdad – Iraq Web: www.somooil. Gov. Iq

The fake letter that precipitated the above response from Alamri, Easley said, was also copied to one Darrell Glasper of Baton Rouge. Glasper, for those outside the Baton Rouge area, was a member of the Baton Rouge Metro Council and ran for mayor-president against incumbent Kip Holden in 2008. He later admitted to paying for a campaign flier during that election which included doctored photos depicting Holden after being severely beaten by the husband because of an affair between the two.

Ironically, seven years later Nungesser would defeat Holden in an election for the lieutenant governor’s office.

The Baton Rouge media and a prominent blogger lost no time jumping all over the hapless and apparently clueless Nungesser.

Reporter Stephanie Grace, saying on Tuesday (April 12) that Nungesser had gone rogue, pointed out that in a 2011 forum between lieutenant governor candidates, Jay Dardenne pounded Nungesser on the duties of the office while Nungesser countered by saying he was one who followed his gut and “thinks outside the box.” http://theadvocate.com/news/opinion/15457076-133/stephanie-grace-nungesser-goes-rogue-on-whacky-economic-deal

Grace said in his first big move after taking office in January, he “proved he’s thinking much further outside the box than anyone could have imagined.”

Saying that Nungesser “has no authority over economic development, no right to speak for the governor, and no place contacting the U.S. government, a national news organization, or a foreign head of state” on behalf of Edwards, she did give him a backhanded compliment in noting that he “basically fessed up to have had no idea what he was doing.”

She suggested that Nungesser make a call to Dardenne, who now serves as Commissioner of Administration. “I’m guessing he’d (Dardenne) would be perfectly happy to, once again, school Nungesser on what the day job entails—and what it doesn’t.”

Political blogger Lamar White wasn’t quite as kind.

In his post today (April 12), White suggested that far from being funny, Nungesser’s actions are impeachable. https://cenlamar.com/2016/04/12/lt-gov-nungessers-scam-deal-isnt-funny-its-impeachable/

I disagree. I think to save himself further humiliation, he should take it upon himself to resign.

Even more biting, however, was White’s quote from Jan Moller, director of the Louisiana Budget Project, another political blog: “I always used to wonder what kind of person fell for those Nigerian prince email scams. This says a lot.”

White called Nungesser’s actions “an enormous embarrassment to Louisiana, a blatant usurpation of the statutory power of the Lt. Governor’s office.” He said it also “demonstrates both an enormous disrespect to Gov. John Bel Edwards, for whom Nungesser deliberately misrepresented as working under his authority and blessing, and a fundamental and damaging misunderstanding of the duties of his office.”

He referred to Nungesser’s claim of never having read the letters he signed and his blaming of his staff as “pathetic.”

Not overlooking the role of the state GOP chairman in the fiasco, White said Villere’s “intimate involvement, at the very least, warrants an investigation into criminal conspiracy.”

But then he observed, perhaps correctly that Nungesser need not fear the consequences. “Louisiana is too busy laughing at him to worry about actually holding him accountable.”

There is a lot of stupid to go around in Baton Rouge but with this stunt, Nungesser may have laid claim to franchise rights.

And that is particularly pathetic.

CLOWN IN CHIEF

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