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Archive for the ‘Transparency’ Category

Title 44 of the Louisiana Revised Statutes is designed to guarantee citizens the right to examine copies of public documents at no cost and, if they wish, the right to purchase copies of documents at a “reasonable” cost, generally not to exceed 25 cents per page.

All that sounds well and good but for the unsuspecting activist or muckraker venturing off into these uncharted waters, there are undercurrents and unseen obstacles that can quickly throw you off course.

When perusing Title 44 and you scroll down to 44.4, you begin to see the subtle way lawmakers, in their infinite wisdom, managed to protect bureaucrats—and themselves—from the prying eyes of those who would hold them accountable.

R.S. 44.4 begins somewhat ominously in saying, “This Chapter shall not apply:”

There follows page upon page of exceptions.

We would expect information containing addresses, phone numbers, social security numbers, medical information, student information, pending litigation and proprietary information to be off limits. It’s easy enough, after all, for scammers to obtain that information for the purposes of identity theft, without opening the doors for them.

But we did not expect to see exempted:

  • All risk-based capital reports filed with the Department of Insurance;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice medicine or midwifery;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice as a registered nurse; however, any action taken by the Louisiana State Board of Nursing, and any legal grounds upon which such action is based, relative to the fitness of any person to receive, or continue to hold, a license to practice as a registered nurse shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice as a dentist or as a dental hygienist; however, any final determination made by the Louisiana State Board of Dentistry, and any legal grounds upon which such action is based, relative to the fitness of any person to receive or continue to hold a license to practice as a dentist or a dental hygienist shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice as a veterinarian; however, any final determination made by the Louisiana Board of Veterinary Medicine, and any legal grounds upon which such action is based, relative to the fitness of any person to receive or continue to hold a license to practice as a veterinarian shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice as a chiropractic; however, any final determination made by the Louisiana Board of Chiropractic Examiners, and any legal grounds upon which such action is based, relative to the fitness of any person to receive or continue to hold a license to practice chiropractic shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice social work; however, any final determination made by the Louisiana Board of Social Work Examiners, and any legal grounds upon which such action is based, relative to the fitness of any person to receive or continue to hold a license to practice social work shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice as a medical psychologist; however, any final determination made by the Louisiana State Board of Medical Examiners, and any legal grounds upon which such action is based, relative to the fitness of any person to receive or continue to hold a license to practice as a psychologist shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice as a practical nurse; however, any action taken by the Louisiana State Board of Practical Nurse Examiners, and any legal grounds upon which such action is based, relative to the fitness of any person to receive, or continue to hold, a license to practice as a practical nurse shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice or assist in the practice of pharmacy; however, any action taken by the Louisiana Board of Pharmacy, and any legal grounds upon which such action is based, relative to the fitness of any person to receive, or continue to hold, a license to practice or assist in the practice of pharmacy shall be a public record;
  • Any documents concerning the fitness of any person to receive, or continue to hold, a license to practice optometry; However, any final determination made by the board after an adjudication hearing, other than by consent order, agreement, or other informal disposition shall be a public record.
  • Any records, writings, accounts, letters, letter books, photographs, actual working papers, or copies thereof, any of which is in the custody or control of any officer, employee, or agent of the Louisiana Cemetery Board and which pertains to an investigation of the business of a cemetery authority that is under investigation; however any such record shall be public record and subject to the provisions of this Chapter when introduced as evidence before an administrative or other judicial tribunal or when the investigation is complete.

You will notice that in the cases of the practice of medicine or midwifery, there is no provision to open records once any action is taken on a complaint. Those records are closed regardless of the outcome of any complaints lodged against a doctor of midwife.

As for the Department of Insurance, it would seem in the public’s interest that we be able to examine these risk-based capital reports. After all, quite a few Louisiana policyholders were left high and dry when companies have gone under in the past because someone obviously wasn’t minding the store. Risk-Based Capital is merely a method whereby the minimum amount of capital appropriate to support a company’s business operations is determined so as to protect it from insolvency.

Just as it is important to parse any public information request precisely as to the record you wish to examine because state agencies will not assist you by opening up their records carte blanche, it is also important to notice that the various boards’ complaint records are public if—and only if—formal action is taken. That means if there are scores of complaints against, say, a pharmacist or a dentist, or a nurse, you don’t get to see the complaints unless action is taken. So: no action, no public record. The door is closed. Please go away and don’t bother us.

Unless the complaint is against a cemetery authority. In such cases, the records become public at the moment they are introduced as evidence.

That can mean only one thing: The Cemetery Board has a weak lobby.

As for the rest of them and your right to know what’s going on, fuggedaboutit.

And if you persist, there is always the growing trend toward SLAPP (Strategic Lawsuits Against Public Participation) actions which LouisianaVoice will be examining tomorrow.

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The most recent audit (August 2017) of the Foster Care Program of the Department of Children and Family Services (DCFS) found that:

  • DCFS did not conduct proper criminal background checks on non-certified foster care providers;
  • DCFS allowed nine certified providers with prior cases of abuse or neglect to care for foster children during fiscal years 2012-2016 without obtaining required waivers.
  • DCFS does not have a formal process to ensure that caseworkers actually assessed the safety of children placed with 68 non-certified providers.
  • DCFS did not always ensure that children in foster care received services to address physical and behavioral health needs.
  • State regulations require DCFS to expunge certain cases of abuse or neglect from the State Central Registry, which means those records are not available for caseworkers to consider prior to placing children with providers.

(See the DCFS audit summary HERE.)

So, the question now is this: What steps will the state take to protect these children now that the Legislative Auditor has pointed out these serious deficiencies?

If the results of a 2012 audit of the Louisiana Department of Economic Development’s Enterprise Zone Program is any indication, then the answer is nothing.

Under state statute, Louisiana’s Enterprise Zone (EZ) program is designed to award incentives to businesses and industries that locate in areas of high unemployment as a means of encouraging job growth. (The summary of that audit can be viewed HERE.)

That audit found that:

  • Approximately 68 percent of the 930 businesses that received EZ program incentives from the state were located outside of a designated enterprise zone. These businesses received nearly $124 million (61 percent) of the $203 million in total EZ program incentives during calendar years 2008 through 2010.
  • Approximately $3.9 billion (60 percent) of the $6.5 billion in capital investment by businesses receiving EZ incentives was located outside a designated enterprise zone.
  • Approximately 12,570 (75 percent) of the 16,760 net new jobs created by businesses granted EZ incentives were located outside an enterprise zone.
  • Four other states with which Louisiana was compared exclude retail businesses from EZ incentives. Louisiana does not, allowing such businesses as Walmart to take advantage of the incentives.
  • None of the four neighboring states allows businesses to count part-time employees among the new jobs created. Louisiana does.
  • Louisiana state law prohibits disclosure of the amount of incentives received by businesses.

Little, if anything, has been done to rectify these deficiencies in the oversight of the EZ program.

There has been precious little reaction from this year’s audit of the Louisiana Department of Wildlife and Fisheries which found that thousands of dollars in equipment had been stolen, a story LouisianaVoice called attention to last year. Go HERE for a summary of that audit report or HERE for our story.

Some remedial steps have been made in addressing a multitude of problems exposed in a 2016 audit of the Department of Veterans Affairs (See audit summary HERE).

Yet, we can’t help but wonder where the oversight was before a critical audit necessitated changes. Among those findings:

  • Payment of $44,000 to a company for improperly documented work without the required contract.
  • The use of $27,500 in federal funds specifically earmarked for the Southeast Louisiana Veterans Cemetery in Slidell for the purchase of a Ford Expedition for the exclusive use of headquarters staff.
  • The failure to disclose information of potential crimes involving veteran residents at several War Veteran homes.
  • The possible falsifying of former Secretary David Alan LaCerte’s military service as posted on the LDVA website.
  • LaCerte’s engaging in questionable organizational, hiring, and pay practices that led in turn to a lack of accountability.

Likewise, some positive steps have been taken in shaping up the Department of Corrections’ (DOC) trusty oversight programs but that resulted as much from a thorough investigative report by Baton Rouge Advocate reporters as a 2016 audit (see HERE) that found:

Because the Louisiana State Penitentiary at Angola’s trusty policy, 1,547 (an astounding 91 percent) trusties at Angola were not eligible for the program and even after the policy was revised, 400 (24 percent) of 1705 trusties were ineligible. All 400 were considered by DOC to be eligible as a result of having an undocumented, implicit waiver for a sex offense or time served less than 10 years.

Equally troubling, the audit found that 14 of 151 (9 percent) of trusties assigned to work in state buildings in Baton Rouge were not eligible because of crimes of violence, including aggravated battery, manslaughter, and aggravated assault with a firearm. The report further found that if those 151 were required to comply with the requirements in place for Level 1 trusties, 49 (32 percent) would be ineligible.

Indicative of the monumental waste brought about by the proliferation of boards and commissions in state government, a 2017 audit (see HERE) of “Boards, Commissions, and Like Entities) noted that the number of boards and commissions had been reduced from the 492 in 2012 to “only” 458 in 2016. Texas, by comparison, has 173, Mississippi about 200. The appointment of members of those boards and commissions take up a lot of time as the governor’s office supposedly vets each new member.

Four boards did not respond to the auditor’s request for data in 2017 and 2016.

There were 11 inactive boards which were not fulfilling established functions, five of which were also inactive the previous year.

Some of these boards, as illustrated on numerous occasions by LouisianaVoice, often go rogue and there seems to be no one to rein them in. These include the Louisiana State Police Commission, The Louisiana Board of Dentistry, the Auctioneer Licensing Board, the State Board of Cosmetology, and the State Board of Medical Examiners, to name but a few.

Take, for example, the 2016 audit of the Louisiana Motor Vehicle Commission (see HERE):

  • The commission did not have adequate controls over financial reporting to ensure accuracy.
  • The commission did not comply with state procurement laws requiring contracts for personal, professional and consulting services, failing to obtain approval for contracts for two vendors totaling $80,000.

The point of this exercise is to call attention to the one office in state government which, with little fanfare and even less credit, goes about its job each day in attempting to maintain some semblance of order in the manner in which the myriad of state agencies protects the public fisc.

The Legislative Auditor’s Office, headed by Daryl Purpera, performs a Herculean, but thankless job of poring over receipts, contracts, bids, and everything related to expenditures to ensure that the agencies are toeing the line and are in accordance with established requirements and laws regarding the expenditure of public funds.

Thousands of audits have been performed. We pulled up only a few random examples: there are others, like the Recovery School District, the Department of Education, Grambling State University (only because it has so many audits with repeated findings), levee districts and local school boards and parish governments. Untold numbers of irregularities have been uncovered—only to be largely ignored by those in positions to take action against agency heads, who, because of political ambitions, allow attention to be diverted from their responsibilities of running a tight ship.

In cases of egregious findings, the media will jump on the story, only to allow it to fade away and things soon return to normal with no disciplinary action taken against those responsible.

If all elected officials and members of the governor’s cabinet were held accountable for their sloppy work or the outright dishonesty of their agency heads, it would send a message throughout state government and this state might well save hundreds of millions of dollars in wasted expenditures and theft.

It calls to mind the lyrics of a 1958 Johnny Cash song, Big River, recorded when he was still with Sun Records:

“She raised a few eyebrows

And then she went on down alone”

Through it all, Purpera and his staff trudge ever-onward, raising a few eyebrows and then continuing (alone) to do their jobs even as those above them do not.

They—and the taxpayers of Louisiana—deserve better.

 

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It was inevitable, I suppose. The signs were there for us to see all this time, so it certainly should be no surprise.

Donald Trump has launched his own NEWS SERVICE to give the minions the “real” news. He’s fed up with that fake stuff dished out by the networks that they back up with obviously faked video, doctored photos, falsified documents and biased stories about his bogus university, his refusal to divest himself from his business interests and his coziness with the Russians.

Well, what ostrich-head-in-the-sand couldn’t see that coming?

Of course, the real head-scratcher is why he would go to all that trouble when he has the biggest blowhard of all spewing the right wing extremist line for three hours every day on a smaller-than-before-but-still-large radio network.

But Rush (“Praise the Lord and Pass the OxyContin”) Limburger is basically a mouthpiece for the Republican Party as a whole and that party is going to have to separate itself from ol’ Orange Hair with all due haste if it has a chance to hold its ground in the 2018 elections. So, in that respect, maybe his own “news” network would seem in order to Trump.

After all, this is the man whose motto would seem to be ut per eos testacles in cordibus et in animis sequentur. That’s Latin for “Get ‘em by the testacles; the hearts and minds will follow.” (And he’s certainly known for grabbing those areas.)

Any student of history knows that a dictatorship requires a suspension of all citizens’ rights (see his efforts to clamp down on dissent) and to muzzle all criticism (his repeated attacks on the media). The third requirement, of course, is to take over the media so the dictatorship’s lies can be saturated without fear of challenge.

We may as well start referring to Trump as DEAR LEADER a-la Kim Jong-Un. Somehow, though, I just don’t think I can bring myself to call him Herr Trump.

But the signs are already there. His repeated boasts of non-existent accomplishments, his exploring the possibility of pardoning himself, his exaggerated claims of voter fraud, claims that he had the biggest inauguration crowd in history, attacks of “fake news,” and the list goes on and on ad nauseum. And all easily refutable lies but still he barges ahead with still more lies. His favorite, of course, is calling the special prosecutor’s investigation into collusion with the Russians “a witch hunt.” He uses that one on a regular basis these days.

Adolf Hitler was the first to describe the benefits of the repetitive lie, which he said people would come to believe if they heard it often enough. He called it the “Big Lie.”

In Mein Kampf, Hitler said, “…In the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie…Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation.” (emphasis added.)

He would go on to say in Mein Kampf:

“The function of propaganda does not lie in the scientific training of the individual, but in calling the masses’ attention to certain facts, processes, necessities, etc., whose significance is thus for the first time placed within their field of vision.

The function of propaganda is, for example, not to weigh and ponder the rights of different people, but exclusively to emphasize the one right which it has set out to argue for. Its task is not to make and objective study of the truth, insofar as it favors the enemy, and then set before the masses with academic fairness; its task is to serve our own right, always and unflinchingly.”

Hitler’s Minister of Propaganda, Joseph Goebbels, would later expand on der Führer’s philosophy when he said:

“If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”

Extreme examples? Perhaps. But the track that Trump is on is frighteningly familiar to students of history and should not be dismissed lightly.

After all, look at the people with whom he has surrounded himself. Not the least of these is one STEPHEN BANNON who has described Trump as a “revolutionary on the world stage,” and who described himself as a LENINIST who desired “to bring everything crashing down, and destroy all of today’s establishment.”

So, is Bannon Trump’s Joseph Goebbels or will he be his Martin Bormann (Hitler’s private secretary who controlled access to der Führer)? Or worse, will he be Trump’s Heinrich Himmler (commander of the Gestapo)? From this vantage point, the vote would have to go to Bormann.

All these scenarios were unthinkable 18 months ago. No one seriously thought Trump would ever be president. The day of his announcement, I confidently predicted he would “crash and burn” in six weeks.

But then, no one thought Hitler would rise to a position from which he could plunge the world into war.

But now we have an official Trump news service through which he can reach the masses with his own skewed version of reality. And for now, at least, he has an official Minister of Propaganda in Kayleigh McEnany.

 

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Word from inside the Louisiana Office of State Fire Marshal (LOSFM) is that state auditors have come calling and are taking a close look at agency expenditures.

Without being privy to any specific findings by the Legislative Auditor’s Office, it’s a pretty safe bet that the bean counters are going to find that the LOSFM likes to worm its way around the rules by making multiple purchases in amounts that fly—barely—under the radar, as it were, of minimum amounts for which quotes are required.

Other expenditures that might be questioned by auditors include meals at Mike Anderson’s Restaurant, purchases from a grocery store, a seafood market, a deli, a cookware outlet, association memberships and convention fees,

The  LOUISIANA PROCUREMENT CODE (LPC: that would be R.S. 39:1551-1755 for whoever is wearing military medals at LOSFM these days] does not require competitive bidding for purchases that are $5,000 or less. Purchases that are greater than $5,000, and up to $15,000, require quotes from at least three vendors by telephone, fax or other means. (emphasis ours.)

LouisianaVoice recently spent the better part of a week poring over and scanning stack upon stack of purchasing records by the fire marshal’s office. Several years’ worth of receipts, no less.

If LOSFM is an indication, the so-called state budgetary crisis is largely a myth and U.S. Sen. John Kennedy, erstwhile State Treasurer, was correct when he said the state didn’t have a revenue problem; it has a spending problem. (Kennedy, alas, not knowing when to call it a day, would go on to talk about drinking weed killer and quoting a mysterious Louisiana adage known only to him about how we should love one another but should also carry a handgun).

State Fire Marshal Butch Browning apparently makes a lot of photocopies and prints volumes of documents, judging from the toner purchases made by his office. But those notwithstanding, it became fairly obvious from our findings that Browning, his second in command, Brant Thompson, and other top honchos like to split their purchases so that they fall just under that magical mystical $5,000 amount.

We even stumbled across one purchase of $4,999.99 on September 6, 2016, from Broad Base of Harvey for the purchase of 10 washers and 10 dryers for the agency’s laundry trailer. Apparently, they learned well from the Jindal administration which would issue state contracts for $49,999 so as to avoid the laborious approval of the old Office of Contractual Review, a requirement that kicked in at $50,000 and above.

LOSFM also liked a well-dressed agent. In 2015, it spent $33,490 with Guidry Uniforms of Lafayette, with at least three of those purchases being in increments of $5,000 and another for $5,000.01 (oops).

On April 7, 2015, the fire marshal’s office spent $2,558.59 with Guidry’s and immediate recorded another purchase that same day for $685.83. Six days later, on April 13, another $5,000 was spent with Guidry’s, all apparently without benefit of the required three quotes as there were no such quotes provided along with the receipts.

In 2014, records were found for expenditures with Guidry’s of $4,531.53 (September 15) and $5,000 (November 14). Another $17,600 was spent at Guidry’s in 2016, including individual purchases of $1,069 on March 31 and payments on outstanding invoices of $4,932.67 in April 12 and $2,517.61 in April 20.

“Agencies should maintain documentation of each quote received,” the state law says. “Procurement amounts may not be artificially divided in order to circumvent the LPC.” (emphasis ours) Quotes may be taken by telephone, facsimile or other means. The quotes must, however, be in writing if the price exceeds $5,000. Awards shall be made to the lowest responsive quotation.

Other apparent split purchases made without obtaining the required three quotations:

  • Tri-Parish Communications of Baton Rouge: March 10, 2015 ($1,870.75), March 16 ($1,876 and $382.80), March 18 ($107.80 and $148.30), March 19 ($232.85) and March 24 ($274.85 and $359.85) for a total of $5,253.20.
  • Louisiana Office Solutions of Baton Rouge: January 14, 2016 ($269.32), January 21 ($2,668), and January 22 ($2,828) for a total of $5,765.32.
  • Preferred Data Voice Networks of Baton Rouge: April 5, 2016 ($1,873.60), April 12 ($3,248.80), April 19 ($4,970.80) for a total of $10,093.20 with all three purchases precisely one week apart (clever).
  • Quality Lapel Pins of Littleton, Colorado (we’ll have more on them later): February 21, 2016 ($3,569), March 9 ($3,569—yep, identical amounts in two separate purchases barely two weeks apart), and March 30 ($1,040) for a total of $8,178 over a span of five weeks.
  • Quality Lapel Pins: June 27 ($4,862), July 13 ($921.02), and July 18 ($1,828.20) for a total of $7,611.22 purchased over a period of three weeks.
  • Goodyear Commercial Tire of Baton Rouge: March 26, 2015 ($3,484.17) and March 30 ($2,677.43), a total of $6,161.60.
  • Ferrara Fire Apparatus of Holden: December 11, 2014 ($4,985), December 12 ($2,747.52), and December 22 ($2,190.14), a total of $9,922.66.
  • Ferrara Fire Apparatus: April 2, 2015 ($3,784.38) and April 8 ($1,712.16), a total of $5,496.54.
  • Ferrara Fire Apparatus: March 18, 2016 ($4,828), April 14 ($3,196 and $1,164), and April 26 ($4,342), a total of $8,702 (grand total of split purchases: $24,121.20). Additionally, LOSFM had individual purchases from Ferrara of another $10,321 in the years 2014-2016, including one purchase of $4,985, just $15 below the amount requiring quotations.
  • Teeco Safety of Shreveport: November 6, 2014 ($4,731.50) and November 14 ($4,994.50), a total of $9,726.
  • Teeco Safety: December 5, 2014 ($3,979.30) and December 11 ($3,248.32), a total of $7,227.62.
  • Teeco Safety: February 13, 2015 ($3,525, $564.30, and $711.76) and February 19 ($546), a total of $5,347.06.
  • Teeco Safety: November 6, 2015 ($2,763), November 12 ($4,763.14), and November 16 ($1,413.96), a total of $8,940.10.
  • Teeco Safety: December 18, 2015 ($3,606.79 and $179.76) and December 22 ($2,601.31), a total of $6,387.86.
  • Teeco Safety: September 9, 2016 ($4,587.96), September 14 ($3,433.92), and September 30 ($1,919.76), a total of $9,941.64. LOSFM also made individual purchases of $4,941.98 on October 30, 2014, and $4,777.80 on April 8, 2015, and had three purchases totaling $4,804 in December 2016.

Documents provided by LOSFM indicated that an occasional quotation was obtained from Teeco prior to purchases, but there were no quotes from other vendors.

Besides the four purchases of $5,000 each from Guidry’s and the $4,999.99 from Broad Base, the fire marshal’s office also chalked up at least a dozen one-time purchases that fell just below the $5,000 amount requiring quotations. Those purchases ranged from $4,000 to $4,900, $4,990 and $4,999—all without benefit of quotations.

That $4,900 expenditure was for a deposit to LR3 Consulting for creation of the “Louisiana Firefighter Proud” website. The State of Louisiana has IT personnel to perform such tasks.

Over a relative short span, from May 9 to September 22, 2016, LOSFM spent $9,600 at Best Buy on such items as juice boxes, computer and video cable, and other computer-related equipment.

Another $8,754 was spent on association memberships and sponsorship fees for conventions, records show. Those included:

  • $1,300 for 2015 memberships in the Merchant International Association of Arson Investigators (IAAI);
  • $1,875 for 2016 memberships in the Louisiana IAAI;
  • $1,175 for 2017 IAAI membership;
  • $1,404 for 2015 membership in the Automatic Fire Alarm Association (AFAA);
  • $700 for sponsorship of the Louisiana Municipal Association (LMA) 2015 convention;
  • $750 for sponsorship of the LMA 2016 convention;
  • $800 for sponsorship of the LMA 2017 convention;
  • $750 for sponsorship of the Louisiana Police Jury Association (LPJA) 2017 convention;

On December 3, 2015, LOSFM employees were treated to a Christmas meal at Mike Anderson’s Seafood Restaurant at a cost of $2,195. Another $1,014 was spent at LeBlanc’s Food Stores and $126.62 was dropped at Tony’s Seafood Market & Deli in January 2016, and $479.85 was spent at Jason’s Deli in April 2016.

On January 21, 2015, $895 was spent at Krazy Kajun Cookware for the purchase of a 30-gallon roll-around combo set, including the pot and accompanying paddles—apparently to compliment the purchase later that year (May 18) of a special service trailer for “emergency field food service” to support USAR events/emergencies. (A quick Google search of USAR came up with U.S. Army Reserve and Urban Search and Rescue.)

But that pales in comparison to more than $62,000 spent by the Louisiana Fire Marshal’s Office between May 2014 and September 2016 on such things as badges, ribbons, plaques, coins, medallions, stadium cups, lapel pins, and decals—all without benefit of obtaining quotations. A couple of those nudged right up against that $5,000 limit:

  • $5,000 with Quality Lapels and Pins in February 2016, $7,138 in two purchases of identical $3,569 on February 21, 2016 and again 16 days later, on March 9, and $4,862 on June 27;
  • $4,617 from Rebel Graphics of Baton Rouge in June 2016, and
  • $4,997 with Action Flags of Baton Rouge (no invoice date).

There was no indication if any of those purchases were for military medals to be worn by Browning.

 

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By Ken Booth

Guest Commentator

Employees at the Monroe Veterans’ Home were rushed into recalling a mysterious incident five years ago this month at the Home which has until now remained undisclosed. Two employees were called upon to sign affidavits about the unusual episode that occurred on August 10, 2012. Their affidavits were signed only this Tuesday (Aug. 1).

This, following my public records request issued on August 1 to the Louisiana Department of Veterans Affairs in Baton Rouge for a work order to a West Monroe security firm to remove and replace the hard drive from the Monroe Veterans Home’s security set-up.

Documents from the security firm show the work was requested by Ken Houston, the former Home administrator who abruptly ‘retired’ last week.

The signed employee affidavits stated it was Houston who on that day asked them to “open the door to the telephone room” presumably to allow the security technician access to the hard-drive in question, before shooing the maintenance worker away, telling him he didn’t need help and “I’ll take it from here.”

An invoice detailing the security company’s work issued to the NELA Home indicates it charged a total of $281 for the job, which included $218 for a new hard-drive.

What happened to the hard-drive which was replaced is not known. In fact, none of this was known until last Tuesday when our records request startled employees at the Veterans Home, some of whom had no knowledge themselves this had ever happened.

Why Houston may have wanted that hard-drive removed and replaced is not known. Why this was done outside the knowledge of other Home officials is also unknown.

However, this is not the first time matters which might be considered curious in nature at the Home have been hidden away out of public view.

You may recall that it was in August of just last year that agents from the office of Louisiana Inspector General and auditors from the Office of Legislative Auditor were digging into allegations of alleged mistreatment of Home residents which also, ironically, dated back to 2012.

Those allegations were documented and filed with the Secretary of the Dept. in Baton Rouge but somehow escaped being publicly disclosed until July of last year when an anonymous letter, slipped under the door of Congressman Abraham, triggered action by LDVA Secretary Joey Strickland to investigate why all of those allegations had never seen the light of day.

At the time, James Ken Houston was administrator at the Monroe Veterans Home. Tommy Shoemaker was the assistant administrator.

Amid the renewed probe, Shoemaker was arrested and charged with felony theft of $9000 from a 69-year-old resident of the Home, Roland J. Matheny. Matheny is now deceased. His family is said to be seeking restitution.

Now we know that computer system hard drive was removed and for some reason replaced about a week before Shoemaker and Vets Home accountant Misti Dawn Westbrook both signed a check in the amount of $9000 from the fiduciary account of Mr. Matheny ostensibly to pre-pay for his burial. Those expenses were never paid. The money was deposited into Matheny’s private account at Progressive Bank but on August 6, four days before the hard-drive was replaced, about $2000 was paid to an Orchard Bank credit card account in the name of Thomas W. Shoemaker.

In addition, bank records show a number of ATM cash withdrawals from Matheny’s account totaling about $3200 as well as another $1200 in retail purchases made on Matheny’s ATM card.

We could find no written authorization by Matheny for Shoemaker to make these withdrawals from his Progressive Bank account.

Ken Houston, then administrator, imposed a one pay period reduction in Shoemaker’s salary from $2,076 to $1,453 bi-weekly.

Fast-forward to last week when James Ken Houston abruptly “retired” from his job at the NELA Veterans Home. Ironically, his swift departure announcement came within 24 hours to the very day five years ago Shoemaker and Westbrook signed that $9000 check.

—Ken Booth, now residing in Arizona, is retired from KNOE-TV in Monroe, where he worked for many years as a highly-respected investigative reporter.

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