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Archive for the ‘State Police’ Category

State rep. testifies to attempt to influence fate of open burn prohibition bill with playground equipment, team uniforms

Posted in Cartoons, Corruption, Ethics, Health Care, House, Legislature, Legislators, Politicians, State Police on May 3, 2016| 11 Comments »

How much does a legislator cost in Louisiana?

Certainly, that’s a loaded question, an ambush question, if you will.

Some go pretty cheap. Others not so much.

For the record, State Rep. Terry Brown (I-Colfax) says he is not for sale.

Brown, testifying before the House Natural Resources and Environment Committee last Wednesday in favor of House Bill 11, did what few legislators will ever do: he related payoff overtures he said were made by representatives of the target of the bill, Clean Harbors and its efforts to burn some two million pounds of explosives from Camp Minden in Webster Parish.

A massive explosion occurred at Camp Minden in October 2012, creating a mushroom cloud that loomed 7,000 feet over the town. That led to decision to burn 15 million pounds of explosives on open “burn trays” at the site.

That decision set off a firestorm of protests that involved citizens and officials from Baton Rouge to Washington and the plan was eventually scrapped in favor of moving the burn to the Clean Harbors location in Grant Parish where (surprise) the plan was met with an equally hostile reception.

Clean Harbors, Inc. was founded in Brockton, Massachusetts, in 1980 and has expanded to 400 locations, including more than 50 hazardous waste management facilities, in North America. Revenues for the company in 2016 totaled $3.28 billion, according to the Clean Harbors Web site. http://ir.cleanharbors.com/phoenix.zhtml?c=96527&p=irol-news&nyo=0

Clean Harbors in February withdrew its permit request to quadruple the amount it can burn at its facility located about five miles northwest of Colfax, although the company continued its open burning of explosives at the site. http://www.thetowntalk.com/story/news/local/2016/02/19/hb-11-next-battleground-colfax-open-burning/80565032/

HB 11, by Reps. Brown and Gene Reynolds (D-Minden), would prohibit open burning statewide as a method of disposal of explosive materials, such as those burned at Clean Harbors’ Colfax facility.

“…I was asked as a state representative by a person representing Clean Harbors, ‘What would it take for me to pull this bill?’” Brown testified. “They (Clean Harbors) started out by saying they would pay for our sewer system in South Grant Parish, that they would give my schools playground equipment, my Little League ball teams uniforms—and they would make me a part of it.

“Ladies and gentlemen of this panel, I am not for sale,” Brown said.

Here is the link to his testimony: http://house.louisiana.gov/H_Video/VideoArchivePlayer.aspx?v=house/2016/apr/0427_16_NR

It was a long committee meeting, lasting just more than five hours. To get to Brown’s testimony, move the cursor below the video to 3:04:30.

The bill barely made it through the committee by a 9-8 vote and will be debated on the House floor on Wednesday.

Representatives voting against the bill in its amended form were Committee Chairman Stuart Bishop (R-Lafayette), James Armes (D-Leesville), Jean-Paul Coussan (R-Lafayette), Phillip DeVillier (R-Eunice), John Guinn (R-Jennings), Christopher Leopold (R-Belle Chasse), Jack McFarland (R-Jonesboro), and Blake Miquez (R-Erath).

Amendments to the bill http://www.legis.la.gov/legis/ViewDocument.aspx?d=998279 included a self-defeating provision allowing the Secretary of the Department of Natural Resources to authorize open burning of munitions or waste explosives by the military or by state police and one that would make the effective date of the bill January 1, 2018, which would allow continued burning for an additional 18 months.

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State Troopers’ Association considering proposal to oust dissident members; time for Gov. Edwards to take action

Posted in Boards, Campaign Contributions, Commissions, Corruption, Elections, Ethics, Finances, Governor's Office, Politicians, Public Records, Retirement, State Police, Teague on April 15, 2016| 14 Comments »

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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Two more members of LSPC quit over political contributions while pondering its investigation of LSTA for same offense

Posted in Campaign Contributions, Ethics, Governor's Office, Politicians, Public Records, State Police, Transparency on April 14, 2016| 5 Comments »

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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Campaign contribution reports belie claim by State Police commissioner he ceased political activity after 2013 letter; meanwhile, Senator’s bill poses a danger to civil service

Posted in Commissions, Corruption, Elections, Ethics, Governor's Office, Legislature, Legislators, Politicians, State Police, Transparency on March 31, 2016| 9 Comments »

State Police Commission member William Goldring claims in an email that he ceased making political contributions after he received a letter from former Gov. Bobby Jindal’s office nearly three years ago informing him of a constitutional prohibition against political activity.

Copies of campaign reports obtained by LouisianaVoice, however, indicate that four companies controlled by Goldring contributed more than $95,000 to various political campaigns subsequent to the July 3, 2013 letter.

The State Police Commission is currently wrestling with an investigation of political contributions by the Louisiana State Police Association (LSTA) even as three commission members, including Goldring, have come under scrutiny for their own contributions to political campaigns.

Meanwhile, LouisianaVoice has learned of a bill currently pending in the legislature that would repeal the constitutional prohibition against political activity not only by commission members and state police, but state civil service workers as well.

Senate Bill 76 by State Sen. Ryan Gatti (R-Bossier City) calls for a constitutional amendment to be approved by voters that would repeal the prohibition against political activity but would leave intact the prohibition against civil service employees seeking political office. http://www.legis.la.gov/legis/ViewDocument.aspx?d=978216

Gatti’s bill, which would require two-thirds passage of both chambers, would delete the passage of the current law that says no person shall “solicit contributions for political purposes from any classified employee or official” while leaving in the prohibition against “use or attempt to use (one’s) position in the state or city service to punish or coerce the political action of a classified employee.”

All that sounds great in theory but we also know how the subtleties of the system work. Refuse to contribute to the boss’s candidate and suddenly the employee begins to get less than favorable performance reviews. He starts getting written up for minor infractions considered insignificant before. The chances for promotion dwindle and eventually disappear altogether.

That’s precisely why Civil Service was created in Louisiana in the first place by Gov. Sam Jones (1940-1944). Gov. Earl Long (1944-1948) dismantled Civil Service in favor of the old spoils system but Gov. Jimmie Davis reinstated Civil Service during his second term (1960-1964).

It’s not enough, apparently, to siphon contributions from the lobbyists, state contractors and PACs, but now they want to bleed state employees already fearful for their jobs after the eight-year reign of terror by Bobby Jindal. To put it simply as possible, this bill would be nothing but a return to the Huey Long Deduct Box era.

While restricting political activity on the part of classified employees, civil service rules also give them protection from just the kind of coercion they will be forced to endure should Gatti’s bill succeed. And if you don’t believe that intimidation will become a reality, I have a beautiful bridge in Brooklyn I’ll sell you cheap.

But back to Goldring, Freddie Pitcher and Commission Chairman Franklin Kyle, the three whose political contributions have put them in the spotlight because of their role in investigating political contributions by LSTA.

LouisianaVoice made another public records request, this one for “all correspondence from any commission members relative to any notice of resignation from the commission.”

We learned from that request that each of the three fell back on the explanation that they didn’t know the rules. That’s a thin excuse. For Pitcher who served as a district court judge and then as a judge on the First Circuit Court of Appeal, pleading ignorance of the law is especially disappointing.

This is the email string we received pursuant to our request:

From: Franklin Kyle
Sent: Tuesday, March 29, 2016 5:15 PM
To: Freddie Pitcher Jr.
Cc: Cathy Derbonne; Lenore Feeney; Thomas Doss; lfgrafton; Donald Breaux; Calvin W. Braxton, Sr.; Bill Goldring
Subject: RE: State Police Commission / Resignation

Freddie:

 I appreciate this email, and completely understand your position.  I, too, in my first term, was appointed, sworn in, and given an extensive rule book in which to abide by.  It is a cumbersome document, but admittedly one that was provided.  I think it would behoove all new in-coming commissioners to be fully briefed on the restrictions placed upon their appointment by the Executive Director and staff so these issues will not occur in the future.  Had that been done, I am confident that this issue would have never arisen. 

 With regards to your service on the Commission, I can’t thank you enough for your time, insight, and experience in dealing with the charges of this body.  You have truly been an asset to the Commission, and a wonderful blessing to work with.  On behalf of the entire Commission and staff, I wish the best in all you do.

 Franklin Kyle, Chairman

 

From: Freddie Pitcher Jr.
Sent: Tuesday, March 29, 2016 3:15 PM
To: Franklin Kyle
Cc: Cathy Derbonne; Lenore Feeney; Thomas Doss; lfgrafton; Donald Breaux; Calvin W. Braxton, Sr.; bill@
Subject: Re: State Police Commission / Resignation

Dear Chairman Kyle,

After reading Bill Goldring’s email I feel compelled to weigh in on the conversation regarding Commission members making campaign contributions. Like Bill, I did not have the benefit of an orientation when I was sworn in as commission member. Nor was I made aware of such prohibition when Bill or our esteemed Chairman was made aware of the prohibition. It was not until this controversy regarding the State Trooper’s Association members questioning the use of association funds to make campaign contribution that I was made privy to the rule  through Commissioner Braxton. I then had to call Cathy to find that my name was being mentioned very prominently in a Blog that was reporting on the contribution issue. But for the last minute heads up, I would have been completely caught off guard by the reporter last week who wanted to know if I was being forced or pressured to step down from the Commission. As you may have read, I responded by stating that “I am stepping down of my on volition.”

 Now that I am fully aware of the prohibition,  I feel that I must step down as a Commission Member so I will not feel constrained in my desire to help persons who I would like to support politically. I ran for elective office twice and would not have been successful but the campaign contributions I received from my friends and supporters. 

 Like all of us who serve on the Commission, it was a fulfillment of my civic responsibility. At no time during my service was I presented with an issue where I was conflicted because a contribution I may have made. And had one presented itself I surely would have recused myself.

 I wish the Commission members and staff all the best as you carry out the charge of the Commission.

 Freddie Pitcher 

 

On Mar 29, 2016, at 12:42 PM, Bill Goldring wrote:

Cathy,

After reading Franklin Kyle’s letter, I felt a need to go the record to be responsive. When first asked to go on the Louisiana State Police Commission by Governor Jindal I hesitated, in that over many decades I had been asked by many governors to serve on various boards and commissions, all of which I had turned down (i.e. Louisiana Board of Regents). Only because of my keen interest and involvement and support of law enforcement for the past 30 years, did I accept. Upon joining the commission there was absolutely no orientation or rules that were given to me. Approximately 3 years ago, there was a vacancy on the commission and I was asked who might be a suitable candidate to fill the spot. I suggested a prominent businessman, Boysie Bollinger who was accepted and sworn in. Within 24 hours he resigned when his attorney informed him of a ruling forbidding anyone on the commission to make political contributions or be involved in a political campaign. Mr. Bollinger personally called me to make me aware of the ruling which I was never informed. I then called and wrote to the governors office to get a full explanation of the responsibilities of commission members, which were never given to me. Since then I have been solicited personally (orally and by mail) by hundreds of people who I have continually turned down as well as sent them a copy of my enclosed correspondence. Just a few are listed below (feel free to contact them).

U.S. SENATOR DAVID VITTER

U.S. SENATOR MARY LANDRIEU

MAYOR MITCH LANDRIEU

U.S. SENATOR WILLIAM CASSIDY

U.S. CONGRESMAN CEDRIC RICHMOND

U.S. CONGRESSMAN JOHN FLEMING

CITY COUNCILPERSONS STACY HEAD, LATOYA CANTRELL AND SUSAN GUIDRY.

 I certainly take my duties and responsibilities seriously and have abided by the framework and regulation of the commission. There is no reward or personal gain by my serving on the Louisiana State Police Commission and only do so as a civic responsibility.

 With regards,

Bill Goldring

 PS- as a final note, I fully understand rules and regulations put on state troopers, but cannot understand commission members having to adhere to same in that we do not come in contact with the public.

It’s perception, Mr. Goldring and when you’re in public service, perception is everything.

Candor is part of the equation making up perception and you haven’t been completely candid.

While Goldring did in fact cease all individual political contributions following that 2013 letter from Jindal Executive Counsel Thomas Enright, companies that he controls most certainly did not.

LETTER TO GOLDRING

Among the recipients of his corporate generosity were legislators, political action committees, State Treasurer John Kennedy, New Orleans Mayor Mitch Landrieu, failed attorney general candidate John Young, Gov. John Bel Edwards, and several minor candidates.

CRESCENT CROWN CONTRIBUTIONS

MAGNOLIA MARKETING

REPUBLIC NATIONAL DISTRIBUTION

SAZERAC

 

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On heels of possible ouster of three State Police Commission members, it’s learned required online ethics course ignored

Posted in Campaign Contributions, Corruption, Elections, Ethics, Governor's Office, Politicians, State Police, Uncategorized on March 27, 2016| 9 Comments »

ETHICS DILEMMA

(CLICK ON IMAGE TO ENLARGE)

The “investigation” by the State Police Commission of political contributions funneled by the Louisiana State Troopers Association (LSTA) through its executive director has taken a most interesting twist. And suffice it to say that the folks over at LSTA aren’t raising their champagne glasses in a celebratory toast.

Remember our story of March 10 that revealed multiple political contributions by three commission members, their wives and business interests? https://louisianavoice.com/2016/03/10/state-police-commission-members-probing-lsta-appear-to-have-committed-similar-campaign-contribution-violations/

Well, that bit of information has resulted in the probability that three commission members will be told that they must resign or be removed by Gov. John Bel Edwards, according to a story by Baton Rouge Advocate reporter Maya Lau. http://theadvocate.com/news/15297801-173/three-members-of-louisiana-state-police-commission-may-be-ousted-over-campaign-contribution-issue

In addition, LouisianaVoice has learned that two of the three have never complied with State Ethics Board requirements that they complete an annual one-hour ETHICS course. That information comes on the heels of a similar story that several members of the State Board of Dentistry had never taken the ethics training. https://louisianavoice.com/2016/03/25/dentistry-board-members-fail-to-take-required-state-ethics-training-board-policy-attracts-unwanted-attention-of-ada/

Debora Grier, Executive Secretary of the Louisiana Board of Ethics, said ethics training became a requirement for employees, contractors and board and commission members in 2012. Section VII of the Louisiana Code of Governmental Ethics says, “Each public servant shall receive a minimum of one hour of education and training on the Code of Ethics during each year of his public employment or term of office.”

A public employee “means anyone, whether compensated or not, who is…appointed by elected official to a position to serve the government or government agency” or who is “engaged in the performance of a governmental function.”

The one-hour training consists of an online course accessed through the Ethics Board’s Web page and the Web page also keeps records of those who have taken the course in a timely manner and there is where the three members of the State Police Commission appear to have a problem in addition to the one involving their political contributions.

Commission Chairman Franklin Kyle of Mandeville, appointed in 2013, and William Goldring of New Orleans have never taken the required training, according to Ethics Board records. The third member, former appellate court judge Freddie Pitcher of Baton Rouge, who has already indicated he will step down, took the online course in 2013 and 2014 but failed to do so in 2015. He and Goldring were appointed to the commission in 2010.

Commission member Thomas Doss, appointed last year, has taken the 2015 course but Donald Breaux, appointed in 2014, and Calvin Braxton, appointed in 2015, have not. Commission Vice-Chair Lloyd Grafton of Ruston, appointed in 2013, took the training that year and in 2014 but did not in 2015, records reflect. Neither of those four members has made any campaign contributions.

LouisianaVoice has also learned that Kyle and Goldring were also active in making political contributions at the federal level.

 http://www.campaignmoney.com/finance.asp?type=in&cycle=10&criteria=Kyle&fname=franklin

http://www.campaignmoney.com/finance.asp?type=in&cycle=12&criteria=Kyle&fname=franklin

http://www.campaignmoney.com/political/contributions/william-goldring.asp?cycle=16

Even as news of the likely exit of the three members was learned, the commission has hired Natchitoches attorney Taylor Townsend to lead the investigation into why the LSTA board allowed Executive Director David T. Young to give more than $45,000 to various political campaigns and to be reimbursed for “expenses.”  https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

That procedure was a major sticking point at the commission’s February meeting when member Calvin Braxton Sr. objected to approval of the January minutes because the minutes did not accurately reflect much of the discussion at that January meeting.

The key point, which was eventually incorporated into revised minutes, involved an exchange between LSTA attorney Floyd Falcon and commission vice chairman Lloyd Grafton of Ruston. In that exchange, Grafton said, “It (the method of making the contributions) almost makes me think there was something suspect here because of the check writing.”

http://theadvocate.com/news/14849801-128/state-commission-to-see-if-state-troopers-okd-money-for-political-candidates-including-gov-edwards

As an aside, there is no record of Falcon, who accused LouisianaVoice of being a “common complainer,” having ever taken the Ethic Board’s online ethics training.

Civil service employees and state troopers are prohibited from engaging in political activity, including making political contributions to candidates. In the LSTA case, the Code of Governmental Ethics, Section VIII of R.S. 18:1505.2(B) also lists the making of contributions or loans “through or in the name of another” as a prohibited practice. http://ethics.la.gov/Pub/Laws/cfdasum.pdf

The commission, the State Police equivalent to the State Civil Service Board, is charged with investigating wrongdoing on the part of state troopers but has no jurisdiction over the LTSA, a private organization.

Commission Chairman Franklin Kyle of Mandeville said on March 3 that a rule to show cause was issued to two retirees who have openly challenged the contributions “to produce the names of Louisiana State Troopers who allegedly violated State Police Commission rules in addition to any evidence they have that supports the allegations. Those gentlemen have until March 18, 2016, to do so, and additional subpoenas may be issued for any additional evidence that will assist the investigation. Upon receipt of sufficient evidence, a public hearing will be scheduled. There will be more information at the April meeting of the (commission), as well as subsequent meetings, until this investigation is completed.”

Kyle was putting the onus on two retired state troopers to come up with the names of LSTA members who may have initiated the contributions, a responsibility that would seem to be the job of the commission as an investigative board. The retirees have sought records from LSTA and their efforts have been thwarted at every turn, yet Kyle charged them with procuring the evidence need to conduct the investigation.

That apparently is not the way the administration wanted things done and the solution was quick in coming.

The attorney who had been spearheading the “investigation” was relieved of that responsibility and Townsend brought in. Townsend, a Democrat, is the nephew of former State Senator Donald G. Kelly and served as a state representative in his own right from 2000 to 2008.

He did not seek a third term but instead chose to run for an open state Senate seat formerly held by Kelly from 1976-1996. In something of an upset, he was defeated by Gerald Long (R-Natchitoches).

On March 10, LouisianaVoice revealed that Kyle and fellow commission members Freddie Pitcher, William Goldring, the wives of Kyle and Goldring and one of Goldring’s companies (Magnolia Marketing) had been active in making their own political contributions during their time of service on the commission.

We noted at that time that it would be interesting to see how the investigation of LSTA contributions would be handled in light of their own participation in political activity. We asked if they might recuse themselves, leaving the investigation to the four remaining board members.

Now that question has been answered. They will not be asked to recuse themselves, but may be asked to resign from the commission altogether.

 

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