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Archive for the ‘Transparency’ Category

Less than three months ago, on June 24, Gov. John Bel Edwards signed an executive order in which he mandated more scrutiny over how significant industrial property tax breaks are doled out to manufacturers. http://www.nola.com/business/index.ssf/2016/06/john_bel_edwards_signs_executi.html

Theoretically, the order gave local governments that would lose out on property taxes a say in approving exemptions for heavy industry, and companies applying for five-year renewals of five-year tax breaks totaling $11 billion would be required to prove the breaks would create and/or retain jobs.

But the Commerce and Industry Board may be trying an end run around Edwards’ order.

The board waited until late Friday afternoon (one of Bobby Jindal’s favorite tactics of making announcements as the week’s news cycle winds down) to give public notice of a Monday board meeting during which it is scheduled to vote on redirecting millions in local property tax revenue from disaster-affected parishes to corporate tax exemptions, without any input from the local bodies losing that revenue.

One of the exemptions to be voted on Monday would “renew” an exemption for Georgia Pacific, a Koch brothers company, costing East Baton Rouge $1.9 million in property taxes.

Exemptions are costing $16.7 billion in lost property tax revenues to local governments, schools and law enforcement, according to the nonprofit Together Louisiana, which will hold a press conference to oppose the proposed exemptions Monday at 9:15 a.m. prior to the 10 a.m. board meeting. http://togetherbr.nationbuilder.com/about

The board meeting will be held in the LaSalle Building at 617 North Third Street in Baton Rouge. The Together Baton Rouge press conference will be held in front of the LaSalle Building.

The exemptions being voted on at Monday’s meeting are being considered in direct violation of Governor John Bel Edwards’ Executive Order issued, and “effective immediately,” on June 24th, 2016, which stated that no future industrial tax exemptions would be approved without the consent of the local governmental bodies — school boards, sheriffs, municipalities and parish governing authorities — whose tax revenue was at stake.

No public hearings, public deliberations or local votes have taken place on any of these proposals, despite the clear requirement of the Edwards executive order. Here is the full agenda for Monday’s board meeting: http://www.opportunitylouisiana.com/docs/default-source/boards-reports/MeetingCategory/louisiana-board-of-commerce-and-industry/9-12-16-c-amp-i-board-agenda.pdf?sfvrsn=0

 

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Allegations of forged and falsified time sheets, misapplication and/or misappropriation of federal funds, unaccounted for expensive ice chests, a claim of a stolen computer hard drive and an FBI investigation.

Just another ordinary day at the office in another state agency in Louisiana.

Except this state agency, the Louisiana Department of Wildlife and Fisheries (LDWF) normally flies well under the radar, attracting little or no attention from local, state or federal officials.

And, to be truthful, that’s the way LDWF officials would have preferred it.

In fact, according to one former agent who spoke with LouisianaVoice, he was told precisely that by a fellow agent: “Don’t worry, we’re over here in Southwest Louisiana where no one ever looks at us”

Long before it became public knowledge that the FBI was investigating irregularities at LDWF, LouisianaVoice received a cryptic telephone call in mid-June from an FBI special agent from Baton Rouge asking what we might know about the agency.

We had already received an anonymous tip that the feds were looking into illegalities involving misappropriation of federal funds related to the BP Deepwater Horizon Gulf oil spill cleanup. Our source said about $10,000 in fishing equipment was purchased with the federal funds, “along with 40 or 50 Yeti coolers,” of which “only three can be accounted for.”

Yeti coolers are expensive, top-of-the-line coolers, some costing more than $1,200, making them a prime target for theft.

https://www.google.com/webhp?sourceid=chrome-instant&rlz=1C1NHXL_enUS703US706&ion=1&espv=2&ie=UTF-8#q=yeti+coolers&tbm=shop

Professing (truthfully) that we had little information to share, we referred the caller to former LDWF agent Todd Abshire who had contacted us earlier about payroll irregularities—including the forging of his initials on his timesheets to reflect time classifications which he says were inaccurate.

Now it appears official that LDWF is indeed under investigation for misapplication of federal funds from the BP oil spill. http://www.louisianasportsman.com/details.php?id=9895

http://www.theadvocate.com/baton_rouge/news/politics/article_f06a8d82-5e67-11e6-bc45-9b911b0114db.html

At issue is how the agency spent $8.6 million seafood testing grant awarded by BP following the 2010 Deepwater Horizon spill.

Abshire, a Marine Corps veteran, said he was the victim of discrimination because supervisors would not accommodate him for his service-related PTSD. He also said he witnessed supervisors claiming hours that they did not work. In one case, he said the supervisor left him practicing backing a trailer in the supervisor’s driveway while the supervisor worked at his second job.

LDWF receives no state General Fund (direct) money, but the bulk of its funding is via statutory dedications which are state funds and, like all other agencies, its funds have to be appropriated by the state to be spent. Therefore it would be incorrect to say the agency is self-funded, as some in the agency insist. In fact, it receives funding from several federal programs and, says Abshire, that is where the time sheet irregularities come into play.

Agents are required to code their time sheets according to which of the federal programs they work on a particular day. The money for their salaries is charged back to the program listed on the timesheets.

The federal programs include, among others:

  • Boating Safety Enforcement;
  • Boating Accident Investigation;
  • Boating Safety Search and Rescue;
  • Recreational Fishing Federal;
  • Commercial Fishing Federal;
  • Commercial Catch Shares;
  • Federal Game and Waterfowl;
  • Exclusive Economic Zone (EEZ);
  • Maritime SWAT

Abshire said he has witnessed agents remaining in the LDWF offices while coding their timesheets under one of the federally-funded programs.

He even provided copies of his own timesheets which he said showed changes to times he did not work—changes made without his authorization and with his initials forged to the timesheets.

Besides the feds, the agency is also being investigated for contract irregularities and for nepotism by a number of local and state agencies, including the Legislative Auditor, the Louisiana Office of Inspector General and East Baton Rouge District Attorney.

Now, in addition to the missing ice chests, claims of illegal purchases with federal funds, and charges of falsified time sheets, comes the word that a LDWF employee has reported the theft of items from her desk, items that include a computer hard drive and a day planner.

http://www.theadvocate.com/baton_rouge/news/crime_police/article_99bc910a-760f-11e6-9040-bb2dc8e09bb9.html

Wendy Brogdon, listed as a confidential assistant, said the hard drive, day planner and personal souvenirs were taken in a burglary of her office between the evening of Aug. 11 and Aug. 24 during a time the office was shut down because of record flooding, according to her attorney, J. Arthur Smith, III.

Inexplicably, she was placed on administrative leave after reporting the theft and just as puzzling, LDWF spokesperson Adam Einck would not confirm whether or not she was a LDWF employee even though her name regularly appears in the minutes of the Louisiana Wildlife and Fisheries Commission as the commission secretary.

LDWF officials also said surveillance cameras at agency offices were of no use because they were aimed at the office’s exterior and not the interior. If we had a tendency toward conspiracy theories, that would be just too convenient and it might even prompt us to wonder what might have been on the hard drive and the day planner that was important enough to be taken in the theft.

But this is Louisiana, after all, so it’s only natural that the thief would also take Duck Commander duck calls autographed by Willie Robertson of the reality TV show Duck Dynasty, Duck Commander tea cups signed by Si Robertson and Duck Commander baseball caps signed by Willie and Si Robertson.

At least now we know the real reason for the burglary.

 

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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.

The Baton Rouge Advocate, which broke its story an hour before ours went up and which cited the same sources (State Civil Service), listed two other LSP Deputy Superintendents who received raises: Glenn Staton and Murphy Paul, who got raises from $140,890 to $150,752 (7 percent). http://www.theadvocate.com/baton_rouge/news/crime_police/article_4b9471c4-76e0-11e6-ab44-ffb987ff581f.html?sr_source=lift_amplify

It’s also worth noting here, since we’re talking about getting the records from Civil Service, that The Advocate 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.

http://www.forward-now.com/2014/08/09/louisianavoice-tracks-careers-of-key-edmonson-associates/

You’ll remember that in 2014, in the closing minutes of the regular legislative session, State Sen. Neil Riser (R-Columbia) tacked an amendment onto a bill that would have given Edmonson an additional $50,000 or so in retirement benefits. https://louisianavoice.com/2014/07/11/generous-retirement-benefit-boost-slipped-into-bill-for-state-police-col-mike-edmonson-on-last-day-of-legislative-session/

Here is a copy of Amendment 4, which was passed but subsequently struck down in Baton Rouge state district court pursuant to a lawsuit filed by State Sen. Dan Claitor. http://www.legis.la.gov/legis/ViewDocument.aspx?d=911551&n=Conference

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.

The whole affair appears to have stemmed from Edmonson’s determination to promote Starnes. He first attempted to move him into the position of Interim Undersecretary to succeed Jill Boudreaux who retired (for a second time) earlier this year. https://louisianavoice.com/2016/02/29/dps-undersecretary-jill-boudreaux-retiring-for-real-this-time-6-years-after-taking-incentive-buyout-at-governors-directive/

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.

Edmonson subsequently pulled the appointment. https://louisianavoice.com/2016/06/06/starnes-promotion-pulled-by-edmonson-after-complaint-governor-fails-to-sign-lsp-pay-plan-rescinded-by-lspc/

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

  1. 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).

 

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co–opt

verb \kō-ˈäpt\

  • 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 Rouge Advocate 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/

That was more than a month after our Dec. 9, 2015, story. https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

Moreover, The Hayride gave attorney Taylor Townsend credit for revealing that three members of the LSPC also had made political contributions in violation of state law when in fact, LouisianaVoice announced that fact before Taylor’s revealed it to the commission. https://louisianavoice.com/2016/04/14/two-more-members-of-lspc-quit-over-political-contributions-while-pondering-probe-of-lsta-for-same-offense/

Co-opt.

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.

The Advocate’s Lau reported that Matthew Block, Edwards’ executive counsel, said the governor was not aware that Townsend had been hired by the LSPC until after it happened. http://www.theadvocate.com/baton_rouge/news/politics/article_2d629298-712d-11e6-b66b-4f996a7bf239.html

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.

Starnes, a classified member of LSP, had been transferred by 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). https://louisianavoice.com/2016/06/06/starnes-promotion-pulled-by-edmonson-after-complaint-governor-fails-to-sign-lsp-pay-plan-rescinded-by-lspc/

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

  1. 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.

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“Why are you going into executive session?”

—My question to the Louisiana State Police Commission (LSPC) after it voted to go into closed session.

 

“We don’t have to give a reason.”

—LSPC legal counsel and former State Sen. Taylor Townsend of Natchitoches, who is under a $75,000 contract to the commission to provide legal advice.

 

“Yes, you do. It’s the law.”

—My response to attorney Townsend.

 

“To discuss personnel matters.”

— Townsend (did I mention he’s an attorney?), after a moment’s reflection on my citing law to him. Below is the statute:

 

RS 42:16

  • 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; 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 this Chapter. (Emphasis added.)

 

 

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