It seems that the folks at Louisiana State Police (LSP) headquarters over at Independence Park rather pompously refer to Department of Public Safety (DPS) officers as Gray Shirts because DPS uniform shirts are gray as opposed to the blue worn by State Troopers (and we thought the Blue-Gray business ended 151 years ago. Not true. We’re told that a State Trooper will not obey a direct order from a DPS captain. Can’t you just imagine an Army private ignoring an order from a Marine captain? And they say the FBI, Homeland Security and the CIA don’t cooperate.).
In the wake of significant pay raises for State Police Superintendent Mike Edmonson and his inner circle and revelations of the glaring disparity in the salaries of (LSP) and (DPS) officers, it’s interesting to go back a couple of years and review an email Edmonson sent to DPS personnel. Our interpretations are inserted in bold face parentheses:
From: Mike Edmonson Sent: Friday, June 27, 2014 5:19 PM
To: _DPS_Commissioned Personnel_DPSPolice Subject: Personal Note
As you likely noticed, several e-mails have been sent to all commissioned personnel over the last few weeks discussing HB 872 and how that piece of legislation impacts troopers. Apparently those e-mails have fueled concerns and in some cases discontent within the ranks of DPS police. Let me reassure all of you that you remain a very important part of the DPS family (“But don’t any of you DPS lieutenants or captains try giving orders to my troopers.”) and while HB 872 does not specifically affect you (“It doesn’t affect you, so just keep your mouths shut”), my staff and I are well aware of the deficiencies within your current pay ranges.(“Guess what? Those deficiencies are about to become even greater.”)
The “fix” for that problem is somewhat more complicated than the “fix” for State Police because DPS personnel are part of the Civil Service classified service while troopers are part of the State Police classified service. Adjustments to State Police salaries may be made independent of Civil Service and thus do not affect the parity of all other employees who are part of that classified service, typically a major impediment to salary adjustments. We are however undeterred by the challenges of operating within the current structure of Civil Service. (“We at LSP are getting ours.”) and I have directed the staff of Operational Development to begin evaluating and analyzing the current pay levels for DPS police officers.(“It takes two-plus years to do this evaluation? Funny it didn’t take that long to get your $43,000 raise.”) In particular we want to identify which other Civil Service positions are similar in minimum qualifications and duties and thereafter evaluate the salary schedules of those positions in comparison to ours.
It should be noted that all eligible DPS officers received their 4% merit adjustments last year and will receive another this year amounting to an 8% total salary increase.(“Meanwhile, State Troopers will be getting 30 percent bumps and I’m gonna get a 32percent raise.”) Troopers, on the other hand, received anywhere from 0-3% merit adjustments. Moreover, the approval of HB 872 by the legislature is only the preliminary step in implementing a new pay grid for troopers. The new fund established to achieve that goal has a current balance of zero. We fully anticipate that sufficient monies will be accumulated over time to make the new grid a reality, but like the study and adjustment of DPS salaries, it will take time.(“Don’t hold your breath, Gray Shirts.”)
I understand the financial urgency that some of you feel at being improperly compensated and the frustration with the required process. But it has been disheartening to me that some within the ranks of DPS have seen fit to anonymously complain to legislators, the media and others outside our organization about feeling neglected and mistreated. (“That’s because if I ever learn who you are, you will be punished.”) Such communications are counterproductive to our efforts and can actually undermine our attempts to make adjustments to DPS salaries by drawing unnecessary attention to our plans.(“We have to keep our plans secret.”) Please understand that such communications put at risk the success of our efforts on your behalf. (“Strike that ‘on your behalf’ part.)
The study by Operational Development is the first step in what can sometimes be a laborious process but we will move as quickly as possible at finding an appropriate solution. Once our recommendations are finalized we will work with Civil Service in an effort to address the compensation issues. I will personally appear on your behalf before the Commission to make the case for pay adjustments (“What part of ‘Don’t hold your breath, Gray Shirts’ do you not understand?”). I pledge to keep you informed of our progress (So why has it been more than two years since we’ve heard from you?) and I would ask that you be patient during this process and have faith in me and my staff as I do in each of you. (We’ve seen what faith in you and your staff got us…nothing.) Be safe and may God continue to bless our families and guide each one of us. I will be visiting your sections soon.
They have full arrest powers but instead of patrolling the state’s highways and arresting drug dealers, they patrol the more placid State Capitol complex.
You won’t see them providing security for the governor or trotting onto the field at Tiger Stadium along with Les Miles and the Tiger football team. Nor will you ever see their commander standing stoically behind the governor during press briefings.
They’re not even allowed to head up security at the Capitol during the legislative session. That honor goes to the more glamorous State Police detail.
They have the same arrest powers as the high-profile State Troopers, charged with enforcing the same laws for the benefit of public safety and protection of the state’s citizens while securing the safety of the myriad of state offices.
And they must go through the same training and certification qualifications as State Troopers.
Though Department of Public Safety (DPS) officers conduct investigations and all other duties that State Troopers perform, they are, for all intents and purposes, invisible to all but state employees. Both they and the more prestigious Louisiana State Police (LSP) are part of the Department of Public Safety and both patrol the entire state. But make no mistake, the DPS Police are the stepchildren of DPS.
Held to the same standards as State Troopers, State Capitol Police get the equivalent of table scraps. DPS police patrol throughout the state in patrol cars eight- to 10 years old and with as much as 300,000 miles on them, according to one DPS officer.
State Police Superintendent Mike Edmonson, meanwhile, just got a brand new SUV issued to him. “Edmonson tells us over and over that he’s ‘working’ on something,” the DPS officer said. “I guess that ‘something’ was that $43,000 raise he got on August 1. I guess it’s good to be the king when your living expenses are paid by somebody else.”
Despite repeated promises, pay for DPS police officers lags further and further behind that of their counterparts over at Independence Park.
The evidence is right there in black and white for all to see.
Here is the comparison between comparable ranks, based on years of service:
DPS Police Officer 2: $24,066 to $57,900 per year;
State Trooper: $46,600 to $94,750;
DPS Sergeant: $29,500 to $66,300;
LSP Sergeant: $51,500 to $104,700;
DPS Lieutenant: $33,758 to $75,920;
LSP Lieutenant: $56,900 to $115,700.
Adding insult to injury, the DPS pay grid stops at the rank of lieutenant, meaning $75,920 is the most a DPS officer can anticipate making.
The LSP pay grid, on the other hand, keeps going to Captain ($64,750 to $131,670) and major ($69,300 to $140,900).
Edmonson, who was not making the pay grid maximum (he was making $134,351.10), was recently granted a $43,100 pay increase to $177,435.96. The increase was approved by Gov. John Bel Edwards’ Chief of Staff Ben Nevers who previously served in the State Senate.
Nevers received $1,500 in campaign contributions from the Louisiana State Troopers Association (LSTA) last year. The controversial contribution was funneled through LSTA Executive Director David Young who was reimbursed by the LSTA.
Others who got raises included Edmonson’s Chief of Staff Charles Dupuy ($140,890.10 to $161,304.78), Jason Starnes (promoted to Lt. Col. And raised in salary from $128,934.26 to $150,751.90, and Deputy Superintendents Adam White, Glenn Staton and Murphy Paul, both receiving raises from $140,900 to $150,750. All this despite an executive order issued by Gov. John Bel Edwards freezing all merit increases from June 29, 2016 through June 29, 2017.
With the latest glut of increases, Edmonson, Dupuy, Starnes, Staton, Paul and White all now make salaries that exceed the maximums on the State Police pay grid.
When Edmonson came to the Louisiana State Police Commission last month with the proposal to create the new position to which Starnes was approved by the LSPA last week, he told commission members there would be no additional costs but Starnes got an immediate increase of $21,850. Moreover, the opening for the new post was never formally announced, thus barring others the opportunity to apply for the position.
LouisianaVoice has learned that several legislators are upset at the latest pay raises, Edmonson’s in particular, and that the Legislative Fiscal Office has begun inquiries as to who authorized them.
This gambit comes only two years after a furtive attempt to increase Edmonson’s retirement benefits by $55,000 per year despite his having locked his retirement years before by opting to participate in the former Deferred Retirement Option Plan (DROP).
LouisianaVoice learned of the attempt, made via an amendment to an obscure bill in the closing hours of the 2014 legislative session. That attempt, from which Edmonson attempted to disassociate himself, was thwarted by a combination of negative public reaction and by a lawsuit filed by State Sen. Dan Claitor (R-Baton Rouge).
But now he’s back and time it looks as though he may have focused unwanted attention on himself and his agency.
Sometimes it’s best to keep a low profile, but in the case of DPS, it certainly hasn’t been very profitable—or fair.
Once again, and for the sixth consecutive year, State Civil Service employees are being forced to go without a pay raise.
And on the heels of this, the Office of Group Benefits is raising premiums by about 7.5 percent.
But not to worry: what Louisiana State Police (LSP) Superintendent Mike Edmonson couldn’t accomplish two years ago via what was literally a last-minute amendment to an obscure legislative bill, State Police Maj. Jason Starnes has done for him—and for himself and other high-ranking troopers, as well.
The tactic was pulled off so quickly and with such surprise that it could be considered a variation of the old smash and grab move where you strike suddenly, grab what you can and make a fast getaway.
Edmonson got a healthy salary increase of $43,100 (32 percent), from $134,350 to $177,450, effective Aug. 1, LouisianaVoice has learned.
Edmonson says several sheriffs, national guard officers and some State Police majors were making more than he did and that the increases were needed to make state police salaries more competitive.
But Edmonson also receives free housing, meals and furnishings, free butler, cooks and lawn care (courtesy of prisoners of the Louisiana Department of Corrections), a state vehicle and fuel—all at taxpayer expense.
So, just how competitive does he need to be?
Edmonson’s Chief of Staff Charles Dupuy also got a 14.5 percent raise, from $140,900 to $161,300, a jump of $20,400.
Starnes, promoted to LSP Chief Administrative Officer on Aug. 15, received a $21,850 (17 percent) raise, from $128,900 to $150,750.
State Fire Marshal Butch Browning received a raise of $33,500 (32.2 percent), from $104,000 to $137,500.
It’s also worth noting here, since we’re talking about getting the records from Civil Service, that TheAdvocate also made a request to LSP for the records on Sept. 1 and The Advocate is still waiting. It’s not certain when The Advocate made its request to Civil Service but LouisianaVoice made its request to Civil Service about 3:30 p.m. on Friday (Sept. 9) and the records were produced within an hour. LSP, meanwhile, was busy doing the Kristy Nichols Shuffle, i.e. delaying providing the most basic of information. The Advocate story said the official LSP position was that it was still checking for redactions. Paraphrasing former New Orleans and Indianapolis Colts Head Coach Jim Mora, we can only respond with incredulity, “Redactions?! REDACTIONS?! Are you kidding me? REDACTIONS? Don’t talk to me about redactions! We’re not thinking about redactions; we just want basic information.”
Starnes, who has enjoyed a meteoric rise through the LSP ranks, apparently is the one who usurped legislative intent by signing off on the raises of Edmonson, Dupuy and Browning, each retroactive to Aug. 1.
Earlier this year, the Legislature, through passage of House Bill 1, set the salaries of statewide elected officials and the governor’s cabinet members. Edmonson’s salary, like that of the governor, was set at $134,400.
But thanks to even more creative maneuvering by Edmonson (he continues to insist he had nothing to do with that retirement gambit but it’s our contention the amendment didn’t write itself and since it applied only to Edmonson and one other trooper….well, you do the math), certain select LSP personnel are getting generous pay bumps over and above last year’s two separate raises that amounted to 30 percent or more across the board.
Edmonson said last year that pay raises would not be going to troopers of ranks higher than major but with this latest round, which went into effect on Aug. 1, that promise appears to have been conveniently forgotten—as was Edmonson’s salary, supposedly set by HB 1.
But retired State Trooper Bucky Millet filed a formal complaint, claiming the appointment was illegal. The move, Millet’s complaint said, 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.
But last month Edmonson came before the Louisiana State Police Commission (LSPC), the equivalent to the State Civil Service Board, with a proposal to create a new classified position, Chief Administrative Officer, apparently with the same duties and powers as the unclassified—and still vacant—Undersecretary position.
On Thursday (Sept. 8) of this week, the formal approval of the new position came before the LSPC, which immediately went into an illegal executive session.
Upon emerging from that closed-door session, Townsend recommended no action on Millet’s complaint and explained away Millet’s complaint by claiming Edmonson never actually appointed Starnes because that can only be done by the governor. Townsend failed to explain how the “non-appointed” Starnes’ appointment was posted briefly on the LSP Web page before quietly being taken down after Millet filed his complaint.
First of all, LSPC legal counsel Taylor Townsend (who has become a major disappointment as a $75,000 contract investigator who twice in as many “investigations,” has recommended no action by the commission while conducting no interviews and without introducing any pertinent recordings in his possession and writing no reports of his “findings”) said the executive session was to discuss “personnel matters” when in fact, the smart money says it was to discuss the legality of Edmonson’s move. https://louisianavoice.com/2016/09/08/calling-out-the-hayride-pseudo-investigations-backdoor-contracts-and-executive-sessions-cloistered-in-subterfuge/
Here are the guidelines for an executive session to discuss “personnel” matters:
La. R.S. 42:17 Exceptions to open meetings
A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons:
(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time contained in the notice of the meeting at which such executive session is to take place and that such person may require that such discussion be held at an open meeting. However, nothing in this Paragraph shall permit an executive session for discussion of the appointment of a person to a public body or, except as provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.
The closed-door meeting was illegal on at least three levels:
To our knowledge, there was no discussion of the “character, professional competence, or physical or mental health” of Starnes.
If that was what was discussed, the commission again violated the law by not complying with the requirement that “such person is notified in writing at least twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays.” By failing to notify Starnes, he was denied the opportunity to say whether or not he desired a closed meeting.
Moreover, the public meetings law says, “Nothing…shall permit an executive session for discussion of the appointment of a person to a public body or, except as provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract.”
Besides Townsend, the commission has one other full-time attorney who sits at the table during LSPC meetings. Between the two, someone should advise the commission of it legal obligations when trying to conduct its business away from the eyes and ears of the public.
Here’s the short version: Guys, there’s no app for that.
But then it was Townsend who in August attempted to tell LouisianaVoice (incorrectly, it was pointed out to him at the time by LouisianaVoice) that the commission was not required to give a reason for an executive session. And this from a man who once served in the Louisiana Legislature where our laws are written.
For Mr. Townsend’s enlightenment, here is that law:
La. R.S. 42:16 Executive Sessions
A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:19, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed to be exempted from discussion at open meetings by R.S. 42:17 (see above-quoted statute); however, no final or binding action shall be taken during an executive session. The vote of each member on the question of holding such an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting. Nothing in this Section or R.S. 42:17 shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of R.S. 42:12 through R.S. 42:2 (Emphasis added).
to use or take control of (something) for your own purposes
LouisianaVoice and The Hayride come down on the same side of an issue about as often as Bobby Jindal balanced the State Budget without imposing draconian mid-year cuts.
We are both in accord in the belief that there’s something that doesn’t pass the smell taste in the suspicious manner in which an investigation of political contributions by State Troopers was quietly dropped by the attorney hired to conduct the investigation—only to see that attorney retained to represent the state in a high-dollar lawsuit against oil companies over coastal land loss.
But the folks over at The Hayride should check the time line a little more carefully before trying to claim credit for breaking the story.
In its Thursday (Sept. 8) post, The Hayride said, “our own John Binder was at the forefront in reporting on the (contribution) scandal, following up with updates on the investigation, and exposing how deep it goes.”
That’s a pretty interesting claim given that LouisianaVoice and The Baton RougeAdvocate have attended every meeting of the Louisiana State Police Commission (LSPC) meeting (except when Advocate reporter Maya Lau was pulled off the story following the police shootings in July).
John Binder has yet to make an appearance at any of those meetings.
Moreover, to our knowledge, Binder’s first story about the contributions being laundered through Louisiana State Troopers Association (LSTA) Executive Director David Young was posted on Jan. 14 of this year. http://thehayride.com/2016/01/trooper-gate-illegally-funneling-money/
But enough of that. At least we’re in accord in our conviction that there’s something rotten in Denmark over the sleazy way in which it was announced that (1) no witnesses were interviewed, thus no written report was generated, (2) because there was no report, there are no findings to be provided the media, ergo (3) it’s nobody’s damned business what his “official investigation” found.
That’s correct, public records requests have hit the proverbial stone wall. In fact, LouisianaVoice has learned that there is a recording of a meeting of the Troop I affiliate of LSTA at which a member acknowledged that the LSTA violated the law in the manner in which the donations were approved by LSTA directors, funneled through Young, who was then reimbursed for “expenses.”
When a request for a copy of that recording was made of Townsend, he never denied the existence of the tape but said that because the tape was never introduced into evidence, it is not public record.
First of all, why was the recording not included as evidence? Second, why did Townsend not interview a single member of the LSTA?
So the obvious lesson here is if you don’t want your buddies (or one of your appointees) to be found guilty of some impropriety or if you don’t want to embarrass the agency you head, the obvious solution is to terminate the “investigation” short of interviewing witnesses or introducing key evidence (like an incriminating recording) and never issue written report. That way, you keep your “findings” away from the nosy media. Hell, Nixon could’ve learned from these guys.
For a $75,000 contract, taxpayers deserve a little more thorough effort on the part of their “investigator.” To call Townsend’s efforts at a legitimate investigation and his lame explanation to the commission an exercise in duplicity would be charitable.
It would be enough if that were the end of the story. But it’s not…and it gets worse.
The fact that Gov. Edwards selected J. Michael Veron of Lake Charles and Gladstone Jones of New Orleans to represent the state in the legal action against the oil companies doesn’t concern us so much because (1) a lawsuit to force big oil to bear the cost of cleaning up after itself is long overdue, and (2) both men have proven track records in such litigation, having major decisions in the past. After all, in litigation with so high stakes, you want the best—even if they were major contributors to Edwards’ campaign—which they were. http://www.theadvocate.com/baton_rouge/news/environment/article_36a72414-6fd3-11e6-84fb-533941a35403.html
The fact that he chose to include Townsend, basically inexperienced in such litigation but a major Edwards fundraiser, on the heels of a complete—and shameful—whitewash in a probe that at least peripherally involved State Police Superintendent Mike Edmonson, re-appointed by Edwards, only reinforces our skepticism and our belief that the “investigation” was ordered quashed from the very top—by Edwards.
Of course Attorney General, in kicking off his 2019 gubernatorial campaign (can anyone seriously doubt he’s running?) has refused to concur in the attorneys’ appointments, which is an entirely different sideshow that’s certain to get even more interesting.
Block’s claim, to say the least, stretches credulity.
And then there was Thursday’s closed door meeting of the LSPC.
The commission went into executive session not once, but twice and that second time may have been in violation of the state’s open meeting laws.
At issue was the promotion of Maj. Jason Starnes to the position of Department of Public Safety Undersecretary to succeed Jill Boudreaux who retired (for a second time) earlier this year.
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.
When the matter of a rule change to allow the appointment came up on the agenda, the commission went into closed session a second time.
When we pointed out state law prohibits carte blanche closed-door meeting, Townsend said the executive meeting was to discuss “personnel matters,” which is permitted under law.
La. R.S. 42:17 Exceptions to open meetings
A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons:
(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time contained in the notice of the meeting at which such executive session is to take place and that such person may require that such discussion be held at an open meeting. However, nothing in this Paragraph shall permit an executive session for discussion of the appointment of a person to a public body or, except as provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.
(2) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.
(3) Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices.
(4) Investigative proceedings regarding allegations of misconduct
But, we said, the executive was not to discuss personnel matters, but to discuss policy, which must be discussed in open meeting.
You can guess who prevailed in this mini-debate. Townsend, again earning his fee, decided that since Edmonson claimed he never actually “appointed” Starnes because that can only be done by the governor, there was no need for action by the commission. Neither Townsend nor Doss bothered to mention that while Edmonson said he never “appointed” Starnes, the Louisiana State Police (LSP) Web page first listed Starnes as Undersecretary but then took the page down following the official complaint registered by retired State Trooper Bucky Millet of Lake Arthur.
As for the first executive session, it appeared to be legal. It was to discuss a settlement proposal in a legal matter, which was ultimately rejected by the commission.
A proposal by Commission President T.J. Doss to revamp the duties of the LSPC Executive Director was tabled following complaints by other members that they had not had an opportunity to review the changes.
Doss was caught off guard but recovered after we asked if the proposed changes, which would sharply curtail the executive director’s powers and responsibilities by transferring them to the LSPC, represented a power grab by Edmonson. The proposals certainly left that impression but Doss denied that was the motive behind the proposed changes.
The commission also rejected Doss’ call for a three-member “executive committee,” saying that was simply another layer of bureaucracy.
Nice to know there is still a sliver of sanity on the commission.
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.
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.
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.
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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