Feeds:
Posts
Comments

One of my main criticisms of local TV news is that it is almost always reactive, rarely proactive.

Before I do my own reactive story, I should explain that the preference in TV news seems to be to wait until something occurs elsewhere and then do a “what if” piece applied to the local viewing area.

An example I like to use is that of the deadly earthquake that struck San Francisco during the 1989 World Series pre-game. The very next day, a local TV station led its newscast with “what if” a quake hit Baton Rouge.

There has been some improvement over the ensuing years with sporadic stories about our disappearing coastline, infrastructure and our high incarceration rate (but oddly enough, nothing on the money poured into political campaigns because TV thrives off political advertising).

Having said all that, following is my (sort of) reactive story.

Just last Wednesday (July 26), a ride called the Fire Ball COLLAPSED at the Ohio State Fair, killing an 18-year-old Marine Corps enlistee.

In 2011, two teenagers were INJURED when a ride called the Zipper, malfunctioned in St. Helena Parish only hours after it had passed inspection. A year later, a four-year-old was critically INJURED in a kiddie ride at the Shreveport State Fair. Browning blamed that accident on another child and on the fact that the operator of the ride failed to “de-energize” the ride after the accident.

That raises the obvious question of who is responsible for the inspection of carnival rides in Louisiana.

The answer is the Louisiana Office of State Fire Marshal (LOSFM).

That’s the same office responsible for inspections of boilers, nursing homes, jails, schools, hospitals, and other public buildings.

And therein lie the problems of adequate inspections, problems of potential disasters and problems of major legal liability on the part of the State of Louisiana.

That’s because of a bad combination of political influence and improper training of inspectors and investigators by the LOSFM. It’s a combination that can spell trouble as was the case of that amusement ride accident in St. Helena Parish, although one former employee did damn with faint praise in explaining some of the mitigating factors leading up to current conditions at LOSFM.

The mother of those two teens injured in the amusement ride accident in St. Helena initially sued the ride operator but subsequently added the LOSFM as a DEFENDANT after the Metropolitan Crime Commission in New Orleans accused Fire Marshal Butch Browning of concealing details about missing safety equipment in his report on the accident.

Likewise, a report by the Louisiana INSPECTOR GENERAL was harsh in its criticism of oversights and inadequate inspection by LOSFM.

Browning resigned but returned after a State Police investigation no wrongdoing and that LOSFM was not responsible for full mechanical inspections but only for a cursory safety inspection to ensure the ride was not in proximity to electrical lines and trees. It didn’t hurt, of course, that Browning and then-State Police Superintendent Mike Edmonson were close friends and both were recipients of unwavering support from the Louisiana Sheriffs’ Association.

But even the cursory safety inspections are suspect because of the manner in which inspectors and investigators are certified, according to sources within LOSFM.

That’s because amusement ride inspectors are not exclusively amusement ride inspectors. Nor or boiler inspectors only boiler inspectors. Neither or jail inspectors, hospital inspectors, school inspectors, nursing home inspectors limited to just those structures.

Allow me to hasten to point out this is not to be considered an indictment of the men and women in the field who are trying to do their jobs under difficult circumstances. But if you are an inspector for LOSFM, you inspect everything, whether or not you are qualified to do so. You are certified by LOSFM through courses taught at LSU.

In fact, inspectors may even be required to conduct investigations even though they lack the perquisite training required for national certification as a Certified Fire & Explosion Investigator (CFEI) by the National Fire Academy (NFA).

Previously, to become a certified investigator, one was required to attend a national three-week course and to investigate a minimum of 300 fires under the direct supervision of a seasoned, certified investigator

Because of budgetary constraints which will be discussed in later posts, LOSFM stopped sending personnel to national classes several years ago. Instead, they attend in-house training and are given LSU certification after a two-week course.

Sources told LouisianaVoice that hospital inspections require federal certification. “Only about half our inspectors have that certification,” the source, who requested anonymity for obvious reasons, said. “Some of our inspectors who are not certified are inspecting hospitals.”

The same source said that boiler inspections likewise require special certification but LOSFM inspectors are conducting inspections without certification.

“We have inspectors inspecting carnival rides without the proper certification,” the LOSFM insider said.

The LOSFM employee the fire marshal’s office has purchased dogs trained in explosives but they are not certified because the office has no ordinance in place for explosive disposal. The cost for dogs trained to sniff explosives was estimated as high as $15,000.

The same source said the fire marshal’s office “is letting jails skate” on inspections. That sentiment was echoed by Rafael Goyeneche, III, President of the Metropolitan Crime Commission, a New Orleans-area watchdog agency.

“Browning was Edmonson’s man and Edmonson was the Louisiana Sheriffs’ Association man,” Goyeneche said. “Does that create the potential for problems? Absolutely. The Fire Marshal is supposed to be independent and if deficiencies are found, they should be properly addressed, no matter who the offender might be.

“You can’t tell me the former Orleans Parish Prison, just as an example, was actually in compliance with the fire codes all those years,” he added.

One example of the political influence was reported by LouisianaVoice nearly three years ago.

In that story, found HERE, we pointed out that the Ruston building inspector refused to approve the construction of the New Living Word School because of flagrant building code violations.

He refused, that is, until Richard Gallot, a member of the school’s governing board who just happened to be a state senator at the time and a colleague of State Rep. Francis Thompson, father of Brant Thompson, second in command at LOSFM, entered the picture.

Suddenly all those deficiencies and procedural violations disappeared when Browning became involved. Browning even went so far as to issue an amended approval letter giving the school the okay to proceed with the construction of classrooms in the upper floor—permission that had not even been requested.

A former employee of had this to say about conditions at LFSFM:

In my opinion, the training offered or provided SFM deputies is not inadequate as it relates to on-line courses or classroom instruction. As I recall they are required to obtain more today than when I received my training. My issue with the training has always been the lack of supervised field training by an experienced investigator and the fact their attention is divided between investigations, inspections and every dog and pony show that comes around the corner.

It also bothered me that there were investigations being conducted before the investigator achieved Certified Fire & Explosion Investigator (CFEI) status. With CFEI status, you are typically qualified in a courtroom as an “expert witness” meaning you were an expert in your field and you were allowed to give your opinion in addition to stating the facts. Not that they can’t be qualified as an expert with the training they now receive but a CFEI is generally more accepted.

In the days of old, investigators were classified as Arson I, Arson II or Arson III. As an Arson I investigator, you were required to have a least one year investigating fires full time. During that time, you were receiving training from the Supervisor of Arson or an Arson II or III. You were provided your own tools and assigned your own response area and were required to assist investigators in other areas just for the fire scene experience.

Also during that time, you would learn firsthand, a little of everything investigators do:

  • Communicate with people;
  • Examine and document fire scenes;
  • Collect, package and submit evidence of all types;
  • Conduct and document interviews and interrogations;
  • Secure arrest warrants, search warrants, warrants for phone records;
  • Report writing, etc.

During this time, you were also encouraged to observe proceedings in the courtroom to prepare you for your own upcoming cases. You would likely attend the National Fire Academy (NFA) for the two-week Fire Investigator class but due to limited space this would more likely be during your second year.

Once you had successfully completed that course, you could be promoted to Arson II. At this level, you would spend substantially more time on your own, honing your new skills but still under relatively close supervision. Most SFM investigators had prior law enforcement experience so less supervision was required for those aspects of the investigation. Also during this period, you would take a National Association of Fire Investigators (NAFI) test to get your CFEI status. This test was mailed to the SFMO and proxy-supervised. At one time, NFA allowed the Supervisor to proxy the test but that was later changed to someone qualified at another agency.

Once you achieved CFEI status you could be promoted to Arson III and for the most part you were on your own and confident to work alone. Continuing education was obtained in the form of educational seminars provided by the Louisiana Chapter of NAFI.

When Butch (Browning) and Brant (Thompson) arrived at the SFMO, it was determined that we would not be getting the additional investigators desperately needed and would likely lose positions instead because of budget cuts. In an effort to remedy this, “Cross-training” was implemented and it was the beginning of the end. With “the sign of the cross” by Butch and Brant, and not much more, deputies who had done nothing but inspections in the past were deemed “investigators.”

Most were forced by intimidation or made by promise of pie in the sky, to attend the POST (Peace Officer Standards and Training Council) academy. They were within days, dispatched to fire scenes with little or no training, no equipment to examine the scene with, and quite frankly not a clue. It was not pretty. Eventually they would get equipped somewhat and receive some training but it was a slow process.

Fast forward to present day:

It is my understanding and belief that new hires are required to take quite a few on-line basic courses in fire investigations almost immediately upon being hired. They also attend a two-week course at JESTC (Joint Emergency Services Training Center), sponsored by the SFMO and sanctioned by the NFA. Modules of the course were presented by an array of folks from various agencies as well as other SFM deputies. 

It is my understanding that now in most if not all areas of the state, supervised field training is provided but maybe not at the levels it should be. As I see it, the biggest problems remaining are splitting deputies’ time between investigations and inspections and forcing people to conduct investigations when they have no desire to do such.

There are no longer Arson I, II or III designations. Since Butch took over, job titles have changed at least twice. First it was to be more in alignment with the fire departments (Lieutenants, Captains, Dist. Chiefs, Assistant Chief’s, etc.), Most recently it appears it was changed to be more aligned with a police department. (Corporals, Lieutenants, Captains, Majors, etc.). To my knowledge, any SFM Deputy who is POST Certified is an investigator and nearly all uniformed personnel are POST Certified.

Like the fortunes of Willie Stark, the fictionalized Huey Long in Warren Penn’s All the King’s Men, a tragic explosion, fire, or carnival ride accident could change the political landscape. People will be hurt or killed and those who sat by and allowed standards to slip, looked the other way as deficiencies go unchecked, and generally took short cuts with the lives and safety of the citizenry, will one day find themselves the defendants in civil and criminal proceedings and the elected officials who allowed it to happen will have to answer to the voters.

As Fox News, CNN, MSNBC, political blogs, and talk radio have proliferated to such a point that it’s becoming impossible to make sense of all the rhetoric as each tries to be heard over all the others.

Who are we to believe?

  • Those who claim climate change is a hoax or those who insist it is very real and already well past a critical point?
  • Those who insist that the free market is the best course for our economy or those who see a growing abyss between the 1 percent the rest of us?
  • Do corporate tax breaks and incentives really create jobs or do they just put the tax burden on the backs of a shrinking middle class?
  • Those who oppose an increase in the minimum wage and those who point out that worker pay has been relatively stagnant for nearly 40 years?
  • Those who seem to put repeal of Obamacare a top priority, even over the health of their constituents or those who point out that we are the only advanced country in the world without universal health care?
  • Those who favor corporate profits or those who are critical of the lack of job creation and increased productivity?
  • Elected officials who continue to subsidize fossil fuels and who receive millions of dollars in campaign contributions from oil and gas interests or those who push for alternative, cheaper fuel?
  • Do we listen to the saber-rattlers who want ever-growing defense budgets or do we listen to those who say we need to place more emphasis on education and infrastructure?
  • Do we continue to allow voter ID laws whose proponents say are to prevent voter fraud or do hear the cries of those who say the laws are subterfuge for disqualifying certain blocs of voters, namely blacks?
  • Elected officials who favor the special interests or those who stand on principle and continue to represent their constituents?

You get the drift. As a nation, we’re coming apart at the seams with everyone pulling in different directions. It’s a disturbing trend and is certainly not conducive to progress.

As a special service offered of LouisianaVoice, we implore you, our readers, to take 22 minutes out of your schedule to watch the Charlie Rose interview Jeremy Grantham, Chief Investment Strategist at GMO as they discuss the global economy and the future of capitalism in sane, rational, understated tones. You can watch the entire video by clicking HERE.

The only reason we’re doing this is because it’s important.

 

More proof that when leaders are unhappy with the message, they shoot the messenger as the obvious solution:

“I hear the State Fire Marshal’s office may be going to terminate several employees (this) week based on their (the employees) not being loyal to the agency and (State Fire Marshal Butch) Browning. There is actually a DPS (Department of Public Safety and Corrections) rule that says you have to be loyal.”

That’s the message LouisianaVoice received from one of its sources over the weekend.

If true, it gives credence to the expression that no good deed goes unpunished.

The overall administrative mood at the Louisiana Office of State Fire Marshal (LOSFM) has been more than a little surly since our initial STORY last week about unqualified personnel being forced to investigate possible arson cases.

With already interviews with a half-dozen sources under our belt, other sources began coming forward with claims of shortcomings in the INVESTIGATION of a fatal fire scene in St. Tammany Parish.

Also called into question was the investigation of several nursing fires in Simmesport and the arrest of an employee, who was not even at work during all but one of the fires, on some 75 counts, including cruelty to the infirm and attempted murder. An Avoyelles Parish grand jury is scheduled to investigate that case beginning on Thursday.

LouisianaVoice has since been asked to look into the circumstances of yet another Avoyelles Parish CASE in which a local firefighter was arrested in connection with the death of his wife of 10 months in a house fire. His trial is next month.

LOSFM administrators took immediate action to confront the problems with the St. Tammany and Simmesport cases by calling in employees from the field and grilling them about whether they had talked to LouisianaVoice. Among the tactics employed in improving investigative methods were threats of polygraph tests and further interrogation.

And now there are those pesky loyalty issues which appear to have placed employees’ jobs in jeopardy.

Apparently, it’s the DPS Trump card, if you’ll forgive a bad pun.

But when the so-called “loyalty rule” is invoked, it’s important to ask: to whom is this “loyalty” due?

We have not seen the rule requiring loyalty but it would be assumed that it was intended to require loyalty to the agency, DPS, and to the principles to which it espouses—namely justice administered on a fair, equitable, and impartial basis.

If that’s the case, it would seem a pretty steep hill to climb to prove disloyalty on any employee.

But if it’s loyalty to the guys in the corner offices, namely Browning, Fire Chief Brant Thompson and other top brass (whether laden with unwarranted military medals or simply blessed with protectors in high places), that’s another story.

We’ve heard the stories of LOSFM employees being reassigned to remote districts or being forced into resignations after revealing problems to management, it’s difficult to see how leadership at LOSFM warrants loyalty from anyone other than those who literally owe their jobs to Browning—those cronies brought in at higher pay grades than veteran employees.

Loyalty in exchange for political benefaction should not be a requirement of any job in government. That’s the very reason the Department of Civil Service was enacted during the second administration of Jimmie Davis.

Whistleblowers most often come forward reluctantly and after all other avenues of rectification have been exhausted.

But another reason the honchos at LOSFM might want to reconsider any rash decisions to clean house of so-called “disloyal” employees is that terminated employees, now disgruntled (as opposed to gruntled?), might feel free to open up even more to LouisianaVoice and other media outlets.

And that, guys, is the elephant in the room that you seem to be ignoring.

 

Troy Hebert just won’t go away.

But in this case, he’s probably like to.

The former commissioner of the Louisiana Office of Alcohol and Tobacco Control (ATC) is scheduled in U.S. District Court Monday as a federal racial discrimination LAWSUIT  against him and ATC cranks up.

The lawsuit, to be tried before U.S. District Court Judge John W. DeGravelles, was filed by former ATC agent Charles M. Gilmore of Baton Rouge, Daimin T. McDowell of Bossier Parish, and Larry J. Hingle of Jefferson Parish.

The three claim that Hebert made working conditions so bad that employees had to take medical leave or were forced to resign. Each of the three filed separate complaints with the Equal Employment Opportunity Commission and received “right to sue” notices.

LouisianaVoice first reported the filing of the lawsuit three years ago, in July 2014. https://louisianavoice.com/2014/07/14/forcing-grown-men-to-write-lines-overnight-transfers-other-bizarre-actions-by-troy-hebert-culminate-in-federal-lawsuit

The lawsuit says five African-American supervisors worked in the ATC Enforcement Division when Hebert, a former state senator from Jeanerette, was appointed by then-Gov. Bobby Jindal in November 2010. “By means of the manipulative actions by Troy Hebert…there are now no African-American supervisors within the ATC Enforcement Division,” the petition says.

Prior to Hebert’s appointment, the three “had unblemished records with no prior disciplinary actions,” the suit says. “Each…had been promoted to supervisory positions at ATC before Troy Hebert’s arrival.”

The suit says Hebert “deliberately acted in disregard of the plaintiffs’ clearly established rights to be free from racial discrimination, race-based harassment and retaliation.

Gilmore worked for 10 years as a corrections sergeant and Louisiana State Police trooper before joining ATC in 1998 where he worked his way up to Special Agent in Charge until he was “constructively discharged” by Hebert on Sept. 27, 2013, the lawsuit says.

“Constructive discharge” is when working conditions become so intolerable that an employee cannot stay in the position or accepts forced resignation.

McDowell was hired by ATC in 2005 and in his seven years was promoted three times. Hingle was hired in 1991. During his 21 years of employment, he was also promoted three times.

The lawsuit also alleges that on Aug. 22, 2012, two days after taking leave, Gilmore and McDowell were told by fellow agent Brette Tingle that Hebert intended to break up the “black trio” a reference to Gilmore, McDowell and Supervising Agent Bennie Walters. Walters was subsequently fired on Sept. 7.

“If you find that we’re doing something wrong, I hope you’ll let us know.”

—Louisiana State Office of Fire Marshal Chief Brant Thompson, to LouisianaVoice publisher Tom Aswell several weeks ago after learning we were examining expenditures of the fire marshal’s office.

“Oh, we will, Brant. You can count on it.”

—Our response.