Feeds:
Posts
Comments

John White’s misleading explanation of outcome of litigation against 2 private citizens over records is pure gooneybabble

October 9, 2016 by tomaswell

“Just because a cat has kittens in the oven doesn’t make them biscuits.”

It’s a quote attributed to Malcolm X, reprised by Kelsey Grammer in an episode of the number one sitcom Frasier, but actually has its origins in New England. It means, “Just because you were born here, it doesn’t make you one of us.”

It could just as easily be updated to apply to State Superintendent of Education John White’s lame explanation of a settlement of a lawsuit by the Louisiana Department of Education (LDOE) against citizens James Finney, a technical college math instructor and Mike Deshotels, a former educator and past executive director of the Louisiana Association of Educators.

White was quoted in the Baton Rouge Advocate as saying the ruling by 19th Judicial District Judge Janice Clark “merely resolved what had been a conflict between two laws” because federal law instructed the department not to release data that could be used to personally identify a child while state law mandated the disclosure of all public records.

http://www.theadvocate.com/baton_rouge/news/courts/article_76e860ca-8bd9-11e6-9963-cf5829bedcf3.html?sr_source=lift_amplify

Bull feathers.

Department legal counsel Joan Hunt said in a Wednesday email to members of the state Board of Elementary and Secondary Education (BESE) that a declaratory judgment was sought to resolve “tension” between free disclosure of public records and protection of student information according to federal law.

Balderdash.

Neither Deshotels nor Finney ever requested information that would identify a single student.

Period.

And John White knew that. Period.

Since becoming Superintendent of Education in January 2012, White has made a career of stalling on compliance with public records requests if not denying them outright.

LouisianaVoice was once forced to sue white over public records and won an award of $2800 ($100 per day for each day delayed per request), plus court costs. The only downside of that judgment was that White was not held personally liable, meaning the $2800 and court costs were picked up by Louisiana taxpayers.

But in suing two Louisiana activist citizens (who admittedly had been something of a nuisance to White with their monitoring of the department), White reached a new low in attempting to avoid being held accountable for the manner in which he runs the department.

His lawsuit, in terms of disgraceful acts, ranks right down there with those judges in Monroe who sued the Ouachita Citizen, a newspaper in West Monroe. The newspaper’s sin? It made public records requests of the court.

Do we detect a disturbing trend here? You bet we do. The Louisiana Department of Education, district courts, and other public bodies have virtually unlimited financial resources at their disposal and most, like the Department of Education, have in-house legal counsel like Joan Hunt. They can initiate lengthy—and costly—legal action against any citizen and people like John White and district judges don’t have to pay a penny of the costs of litigation, courtesy of Louisiana taxpayers.

Private citizens do not enjoy that same advantage. It’s not a level playing field. And even if the public body does not sue, it can drag its heels on compliance, forcing the citizen making the request to either give up or enter into expensive legal action with no guarantee the court will uphold the public’s right to know.

At last Monday’s hearing, Judge Clark let it be known that her patience was wearing thin with public officials who attempt to hide behind legal maneuvers in an attempt to avoid compliance with the law.

The LDOE attorney opened by saying the department had “informal guidance” from the federal government that “we do not have to comply with FOIA (Freedom of Information Act) requests.”

Perhaps sensing the mood of the court, the state withdrew its demands for attorney fees from Deshotels and Finney, adding that “only two people are interested in the data.”

Judge Clark said it was an “improper purpose” to deny information to the public as a retaliatory action.

“Counsel should meet and work this out,” she said. “The public (meaning the court) takes a dim view of public officials using public resources to delay compliance with public records laws.”

Deshotels attorneys J. Arthur Smith and Chris Shows met outside chambers for more than two hours with LDOE attorneys but were unable to arrive at an agreement on the release of the requested documents.

When informed of the continued impasse, Judge Clark, visibly angry, said, “I am issuing a subpoena for John White to be in court at 9:30 tomorrow (Wednesday) morning for cross examination.”

When White got word of that, it was something akin to Moses coming down from the mountain with the 10 Commandments. Suddenly minds came together and miraculously, there was accord and LDOE agreed to three stipulations which settled the suit filed in April by White and the department against Deshotels and Finney. http://www.theadvocate.com/baton_rouge/news/education/article_536e2fac-b5e2-575c-87f6-1a991bf0f455.html?sr_source=lift_amplify

The first stipulation mandates that the suppression of data in the economically disadvantaged and English language learner or English proficiency sub-groups of the Education Department’s multi-stat reports is not in compliance with the Louisiana Public Records Act.

The department agreed not to suppress student enrollment data in responding to requests made under the act in the second stipulation.

The final stipulation says requested data will be made available to the public dating back to 2006.

Deshotels said the declaratory judgment filed against him and Finney was never about clarifying the legal issues relative to certain public records and student privacy as claimed by White.

Instead, he said White’s action was “purely an attempt to discourage citizens from seeking to independently research the claims and conclusions made by White and his staff.” “If citizens are forced to face legal challenges and high legal fees for seeking public records, the Department can continue to manipulate and spin what should be factual information about the operation of our schools.”

Sadly, Judge Clark’s ruling will do little to expedite timely compliance with future public records requests to other state agencies.

Even as this is being written, former commissioner of administration Kristy Nichols has already cost the state more than the original judgment against her in another lawsuit by LouisianaVoice.

LouisianaVoice received a pittance in a lawsuit in which the Division of Administration (DOA) under Nichols had dragged its heels for more than three months on several separate public records requests.

LouisianaVoice calculated DOA owed some $40,000 in penalties for non-compliance but was awarded less than $2,000, plus costs and legal fees, by the court. Even then Nichols appealed the decision. And although the court held Nichols personally liable, meaning she alone was responsible for the penalty, the state is picking up the tab for that appeal, which partially upheld the district court ruling.

Nichols, still not satisfied, and still not paying a cent of the legal costs (though LouisianaVoice is paying its legal costs, applied for writs to the Louisiana Supreme Court.

As of this date, the state has spent far, far more than the penalty imposed on it in trying to avoid paying the penalty and LouisianaVoice has spent more than it will ever be awarded, provided the Supreme Court even upholds the lower court.

And while the obvious question is: Is throwing good money after bad a wise way to spend state funds? An original penalty of less than $2000 has now cost the state several times that in defense costs and the tab is still running.

And John White’s obfuscating dribble notwithstanding, that’s what Louisiana citizens are faced with in trying to hold its state government accountable.

 

 

Posted in BESE, Corruption, Courts, Education, Ethics, Judges, Lawsuits, Media, Public Records, State Agencies, Transparency | 7 Comments »

Who is ESAFund and why is it saying nasty things about leading GOP Senate candidates? (hint: follow the money)

October 8, 2016 by tomaswell

Republican U.S. Rep. Charles Boustany apparently moved back to Louisiana for crawfish and now does his best to ignore a new book with a spectacular claim that he was somehow tied to prostitutes murdered in Jefferson Davis Parish (he is suing the author and publisher over that story).

Republican U.S. Rep. John Fleming is running TV ads proudly tying his agenda to that of Donald Trump (though Fleming may now wish to put distance between him and the GOP presidential nominee in light of the release of a recording of Trump’s recent conversation about women).

Democrat Public Service Commissioner Foster Campbell is opting for his “straight talk” TV ads, lashing out at fellow Democrat Caroline Fayard as never having held office and that she “wants to start at the top.”

Republican State Treasurer John Kennedy would “rather drink weed killer.”

Independent former state Alcohol and Tobacco Control Director Troy Hebert just wants to sue somebody.

Absent in all the white noise are any real solutions to problems the nation faces—such as rotting infrastructure, jobs, education, climate change, and closing the racial and economic gaps that continue to divide the country.

And then there is that mysterious ESAFund.com TV ad that attacks both Boustany and Fleming.

The ad blasts Fleming for living in a “million-dollar mansion” in the Washington area and Boustany for getting rich while in Congress and for voting for a pay raise for himself.

Well, as it happens, both Boustany and Fleming are physicians so they probably are rich and likely can afford to live where they choose.

As for Boustany’s “vote” to raise his pay, that claim is downright misleading—and inaccurate.

The fact is, in 1989 Congress passed an obscure bill designed to allow them to avoid the stigma of voting for pay raises. The way it works is if there is no vote specifically not to raise congressional salaries, the pay raise kicks in automatically. Cute.

Accordingly, members of Congress do not vote for pay raises—because they don’t have to—and any claim to the contrary is simply untrue. http://www.politifact.com/florida/article/2011/nov/23/truth-about-congressional-pay-raises/

So, just who is this ESAFund that is behind this attack ad?

Well, it is, of course, a super Pac and it has already spent $5.5 million on the 2016 federal elections, including the ad currently being run in Louisiana. https://www.opensecrets.org/outsidespending/detail.php?cmte=C00489856

Officially known as Ending Spending Action Fund, it claims to be “an independent organization that proudly supports candidates regardless of party affiliation who favor enhancing free enterprise, reducing the size of government, and balancing our nation’s budget.” http://esafund.com/

All of which sounds awfully close to the Tea Party’s platform except ESAFund and the Tea Party often find themselves supporting opposing candidates as in Kansas’ First Congressional District. http://thehill.com/blogs/ballot-box/house-races/289027-conservative-allies-on-opposite-sides-in-gop-primary-fight

Perhaps the biggest irony of ESAFund is that it is a super PAC that is campaigning to end Citizens United, the 2010 U.S. Supreme Court decision that opened the floodgates for super PAC spending in political campaigns. http://endcitizensunited.org/ending-spending-action-fund/

And while the current ad blitz goes out of its way to slam Boustany and Fleming, who, coincidentally, are near the top in most polls, it is careful not to attach its own candidate’s name to the ad. That’s because super PACs are limited as to their direct involvement in the campaigns of individual candidates.

A quick glance at recent history, however, reveals an undeniable link to Kennedy’s campaign. In fact, when former Kennedy top aide Jason Redmond shut down his own Super Pac, Make Louisiana Proud, in July of this year, about $120,000 of its cash and in-kind funds were transferred to ESAFund and ESAFund reciprocated by officially endorsing Kennedy.

https://lapolitics.com/2016/07/super-pac-bows-out-of-senate-race/

All of which makes sense. Kennedy, who once seemed to have an insurmountable lead, has seen his support slipping. That should come as no surprise, given the political heavyweights who are also seeking the Senate seat being vacated by David Vitter.

With other candidates hitting the airwaves with their ads, it was inevitable that Kennedy would see some of his support being drained away, especially given his original decision not to advertise until after the general election. That obviously has changed and Kennedy has begun his own TV ad campaign.

A super PAC is freed from restrictions imposed upon traditional campaign committees so long as it:

Neither gives money directly to a candidate or other political committees that give directly to candidates, and

It does not coordinate how it spends its money with a federal candidate.

https://sunlightfoundation.com/blog/2012/01/31/nine-things-you-need-know-about-super-pacs/

Here is a list of  http://esafund.com/candidates/ endorsed by ESA.

So, while the ESAFund ad attempts to sound principled, and with no attempt here to defend Boustany or Fleming, it still is an attack ad and nothing more.

Before accepting any ad, especially those employing actors posing as concerned Louisiana citizens who almost certainly are not residents of this state (who knows where they actually reside and vote?), remember the number one rule:

Follow the money.

Posted in Campaign Contributions, Elections, PACs, Politicians, Senate, Vitter | 3 Comments »

Why did Judge Tim Kelley take case involving program his wife oversaw as Jindal’s Commissioner of Administration?

October 7, 2016 by tomaswell

When 19th Judicial District Court Judge Tim Kelley presided over a hearing earlier this week involving the state’s Small Rental Property Program, did he violate Louisiana’s so-called “gold standard of ethics” instituted by former Gov. Bobby Jindal or worse, the Code of Judicial Conduct?

Kelley, over the objections of defendant Tony Pelicano, Monday ruled in favor of the state’s motion to dismiss “without prejudice” its foreclosure proceedings on Pelicano’s Metairie rental property. https://www.road2la.org/SRPP/Default.aspx

Dismissing without prejudice means the state may renew its foreclosure efforts at any time. Pelicano attorney Jill Craft wanted the case dismissed “with prejudice,” which would mean the matter would have been over and done.

With Kelley’s ruling, the state continues to hold the potential forfeiture of his property over Pelicano’s head for years—all because Pelicano, himself a contractor, had no say in which contractor rebuilt his rent home after Hurricane Katrina. Pelicano refused to accept the work which was done with what he says were inferior materials that did not meet specifications and which is now rotting and molding.

https://louisianavoice.com/2016/10/03/victim-of-post-katrina-road-home-program-comes-to-baton-rouge-seeking-justice-departs-defeated-disillusioned-angry/

Even though cases in the 19th JDC are assigned to judges by lot, perhaps it would have been prudent for Kelley to have handed Pelicano’s case off to another of the seven judges who preside over civil cases.

Kelley’s wife is Angele Davis.

Angele Davis was Commissioner of Administration which oversaw the Small Rental Program through the Louisiana Office of Community Development (OCD).

https://app.lla.state.la.us/PublicReports.nsf/BD68D20624D06F8A862574A400526ACC/$FILE/00003E7C.pdf

Davis served as Commissioner of Administration under Bobby Jindal from January 2007 until August 2010. The Division of Administration (DOA) was responsible for the Road Home Program through OCD. Paul Rainwater was Jindal’s first OCD Executive Director until he succeeded Davis as Commissioner of Administration in 2010. http://www.doa.la.gov/comm/PressReleases/CommAnnounce.htm

Even though Davis no longer serves in state government, the fact that the Small Rent Program was administered by her office through OCD, the propriety of Kelley’s presiding over legal disputes involving the program could be brought into question.

http://www.doa.la.gov/OCDDRU/Action%20Plan%20Amendments/Katrina-Rita%20First/APA25_Approved.pdf

Craft argued passionately against the dismissal without prejudice, saying, “I don’t file lawsuits just to come back and say, ‘Just kidding.’ The state shouldn’t be given the opportunity to come back at some later date for another bite.”

Kelley did throw Pelicano a bone of sorts when he ruled against the state and allowed a trial by jury—before agreeing to the dismissal without prejudice. The jury trial ruling was basically meaningless in light of the subsequent dismissal without prejudice, however.

Following Kelley’s ruling and after he had left the courtroom, Pelicano had a brief emotional outburst, yelling to DOA attorney Lesia Batiste that the state could take the property. “I’ve had it!” he shouted. “Just take it!”

It’s not as if Kelley had no way of knowing of his wife’s involvement with the program; her name is all over official documents dealing with all the Road Home programs set up to help the state recover from Hurricanes, Katrina, Rita, Gustav and Ike.

http://lra.louisiana.gov/assets/docs/searchable/meetings/2010/Board%20Meeting%201-28-10/APA4PublicComment.pdf

All this is not to say Kelley allowed his position to be used to favor the state because of his wife’s involvement with the programs. He did, after all, rule against the state in other cases that came before him, notably the infamous CNSI debacle. http://www.washingtonexaminer.com/louisiana-court-give-contractor-records-about-cancellation/article/2546170/comments

But he also inexplicably ruled in favor of the Jindal administration against the public’s right to know in a major public records lawsuit in 2013 involving applications for the LSU presidency. http://www.theadvocate.com/baton_rouge/news/article_f69f910d-0f80-5ddd-8d9d-06316e5ffa43.html

In a political atmosphere where perception is everything and in a state with as sordid a reputation for corruption as Louisiana, Kelley should have punted as soon as this case landed on his desk.

Canon 2 of the Code of Judicial Conduct says, in part:

A judge shall not allow family, social, political, or other relationships to influence judicial conduct or judgment. 

https://www.lasc.org/rules/supreme/cjc.asp

Posted in Contract, Contracts, Corruption, Courts, DOA, Ethics, Fraud, Governor's Office, Grant, Grants, Judges, Lawsuits, Public Records | 7 Comments »

With more parties joining in the debate, it’s getting difficult to extricate ourselves from the ongoing saga of Troy Hebert

October 6, 2016 by tomaswell

Trying to write about Troy Hebert, former director of the Louisiana Office of Alcohol and Tobacco Control (ATC), without getting mired down in controversy is a little like trying to run in knee-deep mud.

Likewise, attempts to make sense of it all is akin to trying to interpret a paint factory explosion as an expression of avant garde art.

avant-garde-art

It’s long past time to move on. Hebert is no longer conducting his misrule at ATC and he’s going about as far in his bid for U.S. Senator as Bobby Jindal did in his equally comical quest for the Republican presidential nomination. But flies have experienced less difficulty escaping from spider webs than we have in moving past the saga of Hebert et al.

It’s no longer a matter of LouisianaVoice writing about Troy Hebert; now it’s sub-factions sending messages back and forth, accusing each other of lying, threatening lawsuits, and still more anonymous sources coming forward with new information. https://louisianavoice.com/2016/09/20/fbi-agent-says-hebert-cleared-of-corruption-n-o-publication-way-off-in-identifying-our-story-source/

We no sooner pose our story about New Orleans attorney and former State Sen. Julie Quinn’s three-page letter to New Orleans CityBusiness demanding a retraction of its story about Quinn’s alleged representation of clients before ATC in applications for liquor licenses than we received copies of documents appearing to refute all of Quinn’s refutations.

This time, rather than offer denials of Facebook postings or legal representation, this unknown person, using the synonym “Sherlock Holmes” (not too terribly original), sent a screenshot of a Facebook post Quinn said she did not send. Also included were documents indicating that Quinn may have indeed represented clients in liquor license application matters.

Here is the complete text of that email:

From: Sherlock Holmes [mailto:] Sent: Wednesday, October 5, 2016 3:28 PM To: azspeak@cox.net Subject: Julie Quinn is LYING to you

Tom,

In your September 20, 2016 article you reported that LA attorney and former state senator, Julie Quinn told Louisiana Voice that she had never represented a client before ATC and quoted her as stating “I don’t do liquor licenses and I have NEVER in my career represented a single client in a liquor permit matter” (emphasis added).

Interestingly, in the letter to City Business from Quinn’s law partner, Mr. Alsterberg, (that you have attached to your October 4, 2016 article) he states: “…in fact, throughout her entire career, Ms. Quinn has only assisted a single client in this type of matter [alcohol licensing], which occurred four years ago on behalf of a restaurant located in the warehouse district, not a bar located in the French Quarter.”

Based on these two contradictory statements, it is clear that Ms. Quinn LIED  to you. 

Also, the attached emails, articles and Facebook post provide irrefutable evidence that Ms. Quinn, and now her law partner, continue to lie about her business dealings involving the ATC and also about her Facebook activity. I WONDER WHAT SHE IS TRYING TO HIDE????

Julie Quinn has represented (or held herself out to state governmental officials and the media as representing) at least 6 clients in ATC related matters between Jan 2013 and March 2016 including: a business in Grand Isle that was operating under a previous owner’s permit; a French Quarter business that had its permit revoked and had a bad reputation in the area for being a location frequented by prostitutes, panderers, johns, and were multiple arrest for drugs and weapons were made; and 3 French Quarter strip clubs.   

The attached documents also show that Quinn did in fact do more than “post links to two articles” on her Facebook page and that she did in fact make a Facebook post insinuating that “she just killed a politician.”  As you will see, the Facebook post provided were made in near proximity to your article about the FBI investigating Troy Hebert.

In addition to his email message, “Sherlock” also included DOCUMENTS that included copies of the Facebook screen shot, emails that alluded to representation of clients applying for liquor licenses, and news stories citing Quinn as the source of a Facebook post of a cartoon about confessing to killing “a politician.”

With stories in the queue about a significant court ruling on public records, flood recovery efforts and potential a judicial conflict of interests on the part of a Baton Rouge judge, this should be the final word in the sordid saga of Troy Hebert.

But it probably won’t be.

Posted in ATC, Cartoons, Politicians, Senate, State Agencies | 5 Comments »

Troy sues, un-sues, sues again, Quinn threatens to sue publication; this is Louisiana politics at its sordid best

October 4, 2016 by tomaswell

First, Troy Hebert sued. Then he un-sued. Then he sued again.

Meanwhile, Julie Quinn is threatening to sue.

And the saga of the Office of Alcohol and Tobacco Control (ATC)—and by extension, the race for U.S. Senator, rolls on ad nauseam.

It’s the kind of macabre comedy only a Louisiana politics junkie could love.

Hebert, former ATC Director, is running for the Senate seat being vacated by retiring Sen. David Vitter. He is currently polling at somewhere around 0 percent, give or take a percentage point or two. (Well, in his case, you’d have to give.)

Quinn, now a New Orleans attorney, is a former State Senator. Right now she’s justifiably steamed.

Hebert first filed a lawsuit against Southern Media and Opinion Research poll and pollster Bernie Pinsonat because he was incorrectly listed as a Republican by the polling service. http://www.washingtontimes.com/news/2016/aug/9/senate-candidate-troy-hebert-files-suit-against-po/

He was polling 2 percent at the time and his lawsuit said the poll was flawed and that “the system is definitely rigged against independent candidates.”

Considering how his numbers have since plummeted by two points, he may be right.

He subsequently dropped that suit in favor of filing yet more litigation to block a debate between candidates for Senate after he was excluded because of his (wait for it)….low poll numbers. http://www.theadvocate.com/baton_rouge/news/politics/elections/article_b80928b4-899a-11e6-ac34-5befc9373f3f.html

Meanwhile, he sent LouisianaVoice an email recently in which he attached a link to a story saying that the FBI had ended its investigation of official wrongdoing. In his email, he asked that LouisianaVoice publish a story to that effect…and we did.

The story alluded to a story in CityBusiness magazine of New Orleans which indicated that LouisianaVoice relied on anonymous sources in its story about the FBI launching its investigation of Hebert. At the same time, CityBusiness, apparently citing its own anonymous sources, said that Quinn was apparently the source for the LouisianaVoice story.

Not only was CityBusiness dead wrong about our source, but it went even further in saying that Quinn, while dating former Jefferson Parish President and unsuccessful candidate for Lieutenant Governor John Young, was in competition with John Young’s brother Chris Young in representing clients in liquor license matters before ATC.

Chris Young, previously a lobbyist for the Louisiana Beer League, also represented clients in licensure matters before ATC. Both Youngs are attorneys and their sister was head of the New Orleans ATC office.

Chris Young was recently indicted for distributing child porn on his cell phone. The porn consisted of a video of a boy having sex with a donkey and Chris Young used the poor judgment of sending the videos to others, which was apparently the basis of the indictment.

But it didn’t end there. The FBI, it seems, rather than employing old-fashioned police work in its investigation of Hebert, tried instead to get to Chris Young to roll over on Hebert. When he refused, the FBI probe abruptly ended.

Now Quinn has her dander up and her attorney has fired off a scorching letter to CityBusiness Publisher Lisa Blossman calling its story “flat-out false” and “highly defamatory” and demanding an immediate retraction or face possible litigation.

Rather than go through the three pages picking out highlights, we decided to publish the letter-from-julie-quinn here.

After wading through all the interlocking relationships of brothers and sister, former fiancés, employees, a state agency head, legal representation, federal investigations, kiddie porn, media stories and political hacks , just one conclusion may be reached: Only in Louisiana could all this come together in a single story and still have the ring of truth.

Posted in ATC, Elections, Lawsuits, Senate | 2 Comments »

« Newer Posts - Older Posts »