You have to wonder what the Louisiana Ethics Board is trying to conceal.
Back in March, the neutered ethics board sued the Louisiana Legislative Auditor in an effort to prevent state auditors from peeking at information in its case files that the auditors say is necessary to conduct a proper performance review of the board.
Well, there may be a plausible explanation but on the surface of it all, the ethics board’s action screams of some kind of cover-up. Perhaps I’m just being paranoid, but then when you examine some of the board’s actions, that too, is understandable.
You may remember one of the first actions taken by Bobby Jindal soon after taking office back in 2008 was to gut the board in what he deemed at the time reform that produced the “gold standard” of ethics.
What it did, instead, was make then-pending ethics investigations of a couple of legislators go away. One of those legislators is now a college president. Go figure.
When Jindal announced his “reforms,” there were 11 members of the ethics board. Soon after that, there were two. Nine of the 11 members, including the board chairman, vice-chairman and board administrator promptly RESIGNED in protest—or disgust, take your pick.
In its lawsuit, filed in state court in Baton Rouge, the board contends that information contained in the files is confidential and privileged. State Auditor Daryl Purpera countered that his office has not only the right but the obligation to see the information—and to keep it confidential.
It’s most likely that auditors are not interested in any particular case, but it is nevertheless interesting to consider some of the board’s fancy footwork in dodging any responsibility in holding public officials’ feet to the proverbial fire.
Take State Police, for example. Back in April 2018, the board CLEARED —in secret, at that—four State Troopers accused of taking a taxpayer-funded vacation in a state vehicle that took them to the Grand Canyon and Las Vegas en route to a convention in San Diego.
The troopers, the board determined, did not take the detour to the tourist spots on their own volition, but upon the instructions of higher-ups in the department. There was only one “higher-up” who could give those instructions and that was then-State Police Superintendent Mike Edmonson, who ultimately resigned under pressure in the wake of that trip.
But then, 16 months later, in August 2019, the board then managed to twist logic beyond recognition when it also CLEARED Edmonson of wrongdoing, according to his attorney, Gray Sexton. Sexton formerly served as (ahem) head of the State Ethics Commission but apparently had no problem representing clients before the board.
Sexton said he had received a letter from the board that cleared Edmonson but he refused to make a copy of the letter available, claiming that it was “confidential.”
That seems to be the way the Ethics Board operates these days: confidentially, in secret, behind closed doors, out of sight from, and with no accountability to the public.
Auditors are seeking full access to board records from 2013-2018, specifically inclusive of investigative case files, files for cases with waivers/suspensions, and ethics board executive meeting minutes.
The board provided some of the records but has withheld the investigative case files and executive board meeting minutes, justifying the refusal by claiming state law “provides that documents obtained or prepared in connection with an investigation are not only confidential but also privileged.”
The board’s refusal and lawsuit appear to be part of a trend of state boards, commissions and agencies trying to prevent auditors from delving into their operations.
In recent years, the State Board of Medical Examiners, the Louisiana Pharmacy Board, and the Department of Economic Development have taken legal action to protect their records from the prying eyes of auditors. Purpera’s office won against the Medical Examiners and Pharmacy boards but lost a court decision against LED.
Purpera said the effort to obtain records for auditing purpoises is an ongoing battle. “We’ve been fighting for records for the last 25 years,” he said.
