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Archive for the ‘Politics’ Category

Starnes promotion pulled by Edmonson after complaint; Gov. fails to approve LSP pay, plan is rescinded by LSPC

Posted in Commissions, Ethics, Finances, Governor's Office, Legislature, Legislators, Politics, Public Records, State Police, Transparency on June 6, 2016| 6 Comments »

An official complaint over the appointment of Louisiana State Police (LSP) Maj. Jason Starnes as Interim Undersecretary of Management and Finance has produced another LSP major: a major CYA maneuver at State Police headquarters to backtrack and act as though the “promotion” never occurred.

At the same time, the Louisiana State Police Commission has rescinded last November’s action by the commission to approve a last-minute longevity pay increase plan for state police who last year received two separate pay increases totaling about 30 percent.

http://www.nola.com/politics/index.ssf/2015/07/state_troopers_get_hefty_back-.html

The longevity pay plan would have locked troopers into automatic pay raises based on years of service and was part of Bobby Jindal’s exit strategy as he headed out the door of the governor’s office near the end of his term.

But on June 1, Cathy Derbonne, LSPC Executive Director, published TRANSMITTAL SHEET NO. 58  on the LSPC Web page that pointed out that Article X, Section 48(C) of the Louisiana Constitution mandates that “any rule determination affecting wages or hours shall have the effect of law and become effective only after approval by the governor and subject to appropriation of sufficient funds by the Legislature (emphasis Derbonne’s).

“As of June 1, 2016, an approval by the Governor has not been received and there is currently insufficient funding to implement the revisions,” she wrote.

“The Revision of State Police Commission Rule Chapter 6 Uniform Pay and Classification Plan is hereby rescinded in its entirety,” she wrote (emphasis Derbonne’s). The pay plan approved by the LSPC last November is contained in GENERAL CIRCULAR 180

Starnes, a classified member of LSP, was recently transferred by State Police Superintendent Mike Edmonson to an unclassified non-state police service position as Interim Undersecretary, Custodian of Records of the Office of Management and Finance within the Louisiana Department of Public Safety and Corrections (DPS).

That move, the complaint says, was in violation of Rule 14.3(G), which says:

  • No classified member of the State Police shall be appointed, promoted, transferred or any way employed in or to any position that is not within the State Police Service.

In addition to the points cited in the official complaint, LouisianaVoice pointed out last month that the promotion of Starnes placed him in direct supervision of his estranged wife, Tammy, Audit Manager for LSP. https://louisianavoice.com/2016/05/16/mike-edmonsons-appointment-not-official-yet-senate-committee-set-to-consider-his-confirmation-on-tuesday/

LouisianaVoice also revealed that since his separation from his wife, Starnes had been residing in the LSP Training Academy’s VIP quarters. The VIP quarters at the academy is also known as the “Charlie Dupuy Suite,” so named because Edmonson’s Chief of Staff Charlie Dupuy also resided there during his own divorce from his first wife.

Starnes has since denied he is staying at the LSP Training Academy and more significantly, he has said he is not acting in the capacity of Undersecretary of Management and Finance despite this February memorandum from Edmonson announcing his appointment:

EDMONSON NAMED

(CLICK ON IMAGE TO ENLARGE)

Starnes’ name has since been quietly removed from the DPS Management and Finance Web page and replaced by that of Edmonson who is listed as Deputy Secretary and Custodian of Records. http://mfn.dps.louisiana.gov/

The Office of Management and Finance page contains a link to the undersecretary but when readers click on the link, a “Message from Undersecretary” heading pops up. Beneath that are only the words “Coming Soon.”

That has to be one of the more obvious moves by Edmonson to obscure a major departmental administrative blunder on his part.

The effort to promote someone in his inner circle illegally, Taken with his clumsy but almost successful effort to steer a bill amendment through the Legislature in the waning hours of the 2014 session that would have given him a retirement pay hike of some $30,000 and the documented cases of inconsistent and inadequate investigations and punishment (or outright ignoring) of wrongdoing within his agency, should give pause to the Senate and Governmental Affairs Committee which is scheduled to vote on his confirmation today (Monday, June 6).

 

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LSP stakes out claim that investigation reports are exempt from LA. public records law if no disciplinary action taken

Posted in Corruption, Ethics, Exemptions, Fraud, Media, Politics, Public Records, State Police, Transparency on June 1, 2016| 7 Comments »

LSP has manufactured its own loophole for denying public records requests.

Col. Mike Edmonson apparently has come to the conclusion if he makes the decision not to formally punish, the public has no right to know why. In other words, if someone is victimized by a member of the department of public safety and Edmonson deems it is not worthy of punishment, the public has no right to review the decision.

On the contrary, it would seem to us that when someone is exonerated, this is all the more reason to produce the information. LSP further claims when those who resign in lieu of the completion of an investigation the investigative report is not subject to release.

We think Edmonson is tired of the public’s learning of far too many instances of misconduct at LSP followed by a mindset of circling the wagons. He has initiated a pattern of issuing no punishment in an apparent effort to hide misconduct. The reason for not administering punishment is in the investigation file. Many of the investigation files from LSP have shown to be seriously biased in favor of some while very severe for others.

Typically, LSP has denied public records requests for investigation files when the department finds no wrongdoing stating. The standard response to requests for the information generally reads: “The investigative report you requested is not subject to release as the individual right to privacy afforded by Article 1 Section 5 of the Louisiana Constitution of 1974 outweighs the public’s right to review.”

We maintain the investigation file is a public document and serves a legitimate public interest.

The reference to Article 1 Section 5 of the LA Constitution is a mirror of the 4th Amendment of the US Constitution to protect citizens from unreasonable search and seizure. The amendment specifically lists, “person, property, communications, houses, papers, and effects.” We have no access to those nor does LSP without a properly issued warrant as the amendment states. If it is illegal for us to access, it is also illegal for LSP to have obtained it.

We have accumulated a growing list of denials based on this fantasyland God-like authority bestowed upon himself by himself (Edmonson).

Captain Chris Guillory

LouisianaVoice has received a response to a complaint filed against Captain Chris Guillory for lying to LSP internal affairs investigators. A citizen said that Guillory refused to accept his complaint against a State Trooper in Troop D. The response to the complaint from LSP states in part, “A determination has been made that Captain Guillory did not make a false statement to IA” with his denial that he refused to accept the complaint. The complainant provided an audio tape directly contradicting two documented statements made by Guillory to LSP internal affairs. You can review it here https://www.youtube.com/watch?v=zd-JV3rKjko.

LSP will not release the investigation file because Edmonson did not punish his friend Guillory. The public is denied the right to know why Guillory was not found in violation. We have the tape and we have the LSP documentation listing Guillory’s statement two times denying unequivocally he refused to take the complaint.

LSP has found no wrongdoing by Guillory involving the recently terminated Trooper Ronald Picou even though he was responsible for the investigation of the exact same allegations in 2013, the “Brady Day” investigation, or the investigation involving the padding of time sheets by Brady. He has emerged without any formal discipline.

Guillory has since been removed from his command at Troop D. He has been given a larger command in Baton Rouge. Sources have informed us Guillory’s new position is in violation of state police commission rules on residency because he lives in Sulphur but works in Baton Rouge. Sources further report Troopers are authorized three hours one way for travel to Baton Rouge. That means Guillory works two hours out of every eight hour day.

LT Paul Brady

We requested the documentation involving the investigation into “Brady Days,” paid time off for arresting someone for DWI in violation of quota and payroll fraud laws—so named the Troop D supervisor who allowed, indeed, encouraged the practice. Sources indicate Brady days was an unwritten policy at Troop D under some supervisors and this was confirmed by IA investigators. We were informed there was no finding of wrongdoing on Brady’s part. But again, we were denied access to any investigation findings.

Brady was cleared even though he was the supervisor for Trooper Picou who was recently terminated. Picou was proven to be neglectful of duty. Brady was paid to be a supervisor and sources say if he would have simply done his job Picou might still have his.

But again, because there was no disciplinary action taken against Brady, the investigation record remains out of the public’s reach.

A recent complaint has been filed against Troop D personnel alleging a wrongful DWI arrest. Sources say the arresting Trooper was a beneficiary of paid time off for Brady days but was also punished for not accumulating a sufficient number of DWI arrests.

Trooper Jimmy Rogers

Rogers suddenly resigned amid the beginning of the massive investigations at Troop D. We were denied access to his records because LSP did not complete the investigation. This is another method of Edmonson escaping culpability for poor leadership—ask them to resign so no one finds out. Sources report Rogers resigned after it was discovered he was committing payroll fraud on parish-funded overtime details known as Local Agency Compensated Enforcement (LACE). Rogers was reportedly issuing citations on his regular shift but claiming them on different dates in order to accrue overtime.

Accepting excess money for violating state issued permit/bribery

We requested the investigation files involving a Trooper who accepted extra money for moving oversized loads in violation of the state issued permit and possibly bribery. It was discovered after another Trooper refused the extra payment. The response was to make the Trooper give the extra money back. We were notified no complaint was filed so they did not investigate it.

In a letter from LSP dated April 27, 2016, we were again notified no complaint was filed. All of our other requests resulted in the investigation of the allegations but they skipped this one. The excuse that they do not investigate misconduct until someone files a complaint is silly. A complaint has since been lodged with LSP so maybe they will finally investigate.

We are not done

The failure to release records at the discretion of one man with a proven track record of unethical behavior and poor decision making should not be allowed to stand. The public has a right to know about the circumstances surrounding a resignation in lieu of termination amid an investigation.

They further have a right to know why a public employee was found to have committed no wrongdoing—if for no other reason than to fully clear the employee’s name and his public standing. There is no reason to hide such information unless indeed, there is something to hide.

LouisianaVoice is exploring legal remedies for these denials.

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Notable Quotables (in their own words)

Posted in Politics on May 31, 2016| Leave a Comment »

“The suspect was charged with simple escape because he reportedly did not have permission to leave his cell.”

—Monroe News-Star, describing why Darandall Eugene Boyette, 27, of Marion, was booked with simple escape after he wandered from his call to that of a 17-year-old female inmate who was being raped by a third prisoner in April, raising the obvious question of how did Boyette and Demarcus Shavez Peyton, 28, of Homer, already convicted of aggravated rape, manage to leave their cells and enter the woman’s cell?

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Second Union Parish inmate allowed to wander outside cell, witness prisoner’s rape; sheriff has zero oversight over jail

Posted in Politics on May 31, 2016| 13 Comments »

This post is about two issues. One is about the relationship between the Louisiana Department of Corrections and parish sheriffs that has resulted in state prisoners being housed in parish jails which in turn means revenue for the sheriffs. It’s a relationship that has whetted the appetite of sheriffs for more power and encouraged them to develop paramilitary operations with the help of state and federal money.

When a convicted rapist being held in the Union Parish jail was allowed into the cell of a 17-year-old girl thought to be high on meth last month and raped her twice, it raised several questions, including:

  • How was it that the girl was being held in the proximity of a convicted aggravated rapist?
  • Who was the Union Parish Detention Center (UPDC) staff member who admitted Demarcus Shavez Peyton, 28, of Homer, into the cell?
  • Who is responsible for operations of the detention center?

While Peyton has since been sentenced to life imprisonment on a separate aggravated rape charge, no answers have been provided to the first two questions but the answer to that last question turned out to be something of a surprise. http://www.knoe.com/home/headlines/Inmate-raped-inside-Union-Parish-Detention-Center-377640971.html

It has been widely reported by the media, including LouisianaVoice, that local sheriffs have come to rely on contracts with the Louisiana Department of Corrections (DOC) to house state prisoners at the going rate of about $25 per prisoner per day. That’s hardly enough to house, feed, educate, and train inmates in a trade as DOC officials like to have us believe they are doing. The harsh reality is that prisoners are simply warehoused. Period. There are no classes, no job training, no counseling. http://mondediplo.com/2013/12/11usprison

A fourth question might be: To what end are sheriffs seeking bigger detention centers to house more prisoners? The answer to that is power. The sheriff is already the most powerful person in any given parish and if he can build detention centers to bring in additional state money to shore up that power, so much the better.

One dirty little secret is that if one sheriff has an abundance of prisoners and the sheriff next door has empty beds, the first sheriff will ship a few to his fellow sheriff so that he can collect his $25 per day payments. Prisoners are moved all around from parish to parish that way. Those beds must be filled.

Instead of classes and counseling, some prisoners are funneled into work-for-profit programs whereby local jails farm out inmates to private firms for menial jobs—another source of income for the sheriffs.

The policy of paying for warehousing prisoners is so lucrative that companies like Corrections Corporation of America of Nashville, the GEO Group of Boca Raton, Florida, and the LaSalle Corrections of Ruston reap millions in profits simply by keeping beds filled.

Union Parish is the exception.

Oh, the Union Parish Detention Center takes full advantage of the glut of state prisoners (Louisiana has the highest prison rate in the U.S. which in turn has the highest rate of incarceration in the world). Of the 277 population of the UPDC, 165 are DOC prisoners.

If that population is maintained at the current rate of pay, that means about $1.5 million per year additional to the Union Parish Police Jury. In other parishes, that money would go to the sheriff.

The UPDC, however, is not run by Sheriff Dusty Gates, so his department does not receive the state funds. The UPDC is unique in that it is not overseen directly by the Union Parish Sheriff, but the police jury. Jail personnel, from top administrators all the way down to the guards, are police jury employees. Not one is a deputy sheriff. That means administrative staff and guards alike do not necessarily have law enforcement experience. One recent UPDC warden, who has since resigned, had no experience in law enforcement.

The facility is run by a commission made up of District Attorney John Belton, Gates, Union Parish municipal chiefs of police, and the police jury with the police jury having actual management responsibilities. https://louisianavoice.com/2016/05/10/how-did-convicted-rapist-gain-access-to-isolation-cell-in-the-union-parish-detention-center-to-rape-teenage-girl-twice/

The Lincoln Parish Detention Center next door was once run in the same manner but operations were soon turned over to LaSalle. When problems were encountered with LaSalle’s management, Sheriff Mike Stone took over operations.

In the entire state, only the UPDC is operated by a commission with no direct management from the sheriff.

DOC has since removed six other female inmates being held at UPDC. http://www.thenewsstar.com/story/news/crime/2016/05/19/doc-pulls-female-inmates-union-parish-detention-center/84626290/

Besides Peyton, also arrested was inmate Darandall Eugene Boyette, 27, of Marion. Boyette, originally incarcerated on home invasion and robbery charges, was also booked for simple escape because he did not have permission to leave his cell. He told officials that he entered the victim’s isolation cell when he found the door was unlocked. Upon entering, he said he witnessed Peyton and the victim having sex. He told authorities it was initially his intention to also have sex with her but that he “had a bad feeling,” and left the cell.

Detention center video confirmed that Peyton entered the cell followed by Boyette who then left the cell.

All of which raises the fifth and sixth questions: Why was Boyette allowed to wander about the jail unattended? He was charged with simple escape; so how was he able to exit his cell in the first place if it was locked as it should have been?

Perhaps, with this latest fiasco, the time has come for the state to take a long, hard look at the practice of shipping inmates off to local jails to fatten the bank accounts of parish prisons and sheriffs’ offices. https://louisianavoice.com/2010/12/13/state-inmate-housing-a-financial-boon-to-local-sheriffs/

The contracts with DOC are helping sheriffs’ offices to beef up their arsenals with expensive and seemingly unnecessary weaponry such as high-powered rifles and Humvees and military equipment previous used in Iraq and Afghanistan. The East Baton Rouge Parish Sheriff’s Office, for example recently purchased 558 assault rifles from the Pentagon at discount prices. In that case, the purchases were made with grant money from Congress.

With some of the equipment being more appropriate for war zones, one might understandably feel these purchases in the name of law and order are the moral equivalent of sandblasting a Lays Ruffles potato chip to remove the salt.

http://www.wafb.com/story/26313340/investigators-are-police-departments-becoming-militarized

Granted, the trend toward purchasing military ordnance may seem far removed from housing state prisoners for a shade under $25 per day, but the influx of easy money has created a hunger for more and bigger firepower by the sheriffs, each hell bent on building a better and more powerful arsenal than the guy in the next parish.

The mentality is fast becoming one of “Send me more prisoners so I can purchase more heavy artillery.”

Meanwhile, the evidence is indisputable that the method of operating the UPDC is untenable and must be changed. It’s inconceivable that a prison of any description should be bereft of law enforcement personnel—from administrators to guards. You simply cannot have untrained, uncertified, inexperienced people running a prison.

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Notable Quotables (in their own words)

Posted in Politics on May 30, 2016| 7 Comments »

“He started out gangbusters and he hasn’t slown down.”

—An SEC play-by-play announcer during Saturday’s Texas A&M-Mississippi game. (Where do they find these maulers of the English language?)

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