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Insight into Nungesser’s contempt for laws revealed in his blatant disregard for public records demands, other actions

April 26, 2016 by tomaswell

How would a public official, say a parish president, manage to skirt the Louisiana public records laws and ignore votes of the parish council and get away with it?

Well, if you’re Plaquemines Parish President Billy Nungesser, and if you had 18 writs of mandamus pending against you for non-compliance, you would simply ride out the storm until your newly-elected, hand-picked council takes office and have a friendly council member move to rescind any pending adverse action.

That’s precisely what Nungesser did in late 2010. He blatantly ignored the law and waited out his adversaries. And it apparently worked.

No wonder he thought he could do an end run around Gov. John Bel Edwards by conspiring with State Republican Party Chairman Roger Villere in that completely embarrassing Iraqiscam-super tanker-proposal-to-cure-Louisiana-of-its-fiscal-problems that left him—and Villere—with a little something more disgusting than egg all over their faces.

With ample evidence of his contempt for the law prior to becoming lieutenant governor and his willing violation of protocol since becoming the second-highest elected official in the state, can there be any reasonable expectation of significant change in his conspiring makeup during the rest of what is almost certain to be a single term.

Probably not. He is what he is: an underhanded politician fully capable of any action, legal or otherwise, that will enhance the career and burnish the public image of William Harold “Billy” Nungesser.

He is Bobby Jindal without the charm. He is Chris Christie without the finesse. He is Scott Walker, Rick Scott, and Sam Brownback rolled into one, but without their compassion. In short, he is Billy Nungesser, yet another electoral accident visited upon unsuspecting—or uncaring—Louisiana voters, a man worthy of the scorn of Public Service Commissioner Foster Campbell before it was cool to be scornful of the man. But that’s a story for another day and it will have to wait.

Right now there is his record as Plaquemines Parish President—a job he won by a large majority, by the way—that begs closer examination as a clue into what we expect of him as lieutenant governor, a peek already provided by that ridiculous Iraqi oil tanker scam blunder.

Actually, Nungesser’s defiance of the parish council began way back on July 23, 2009, when the council voted to direct the council attorney to enforce a parish ordinance by “shutting down the operations of all unpermitted borrow pits located within the parish.” That was followed on Dec. 10, 2009, by a council resolution to authorize and direct the council attorney “to take any and all legal action, including but not limited to the filing for injunctive relief and/or mandamus” to obtain and examine “all transactions (including but not limited to any and all construction contracts, capital projects, professional contracts, cooperative endeavor agreements and intergovernmental agreements) entered into by and all expenditures incurred by the parish through the office of the Parish Presidents (or any of its departments or agencies) since January 1, 2007.”

Res 09-253 Mandamus-borrow pits, seal, parish decal

Res 09-533 any and all legal action by Council Attorney or Designee

A writ of mandamus is Latin for “we order” and is defined as a writ which “orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.” http://dictionary.law.com/Default.aspx?selected=1203

Each of the 16 subsequent similar actions by the council were taken in 2010 in the months leading up and immediately following the October 2, 2010, elections for parish council and parish president.

Seven of the 18 resolutions passed by the council were for the purpose of forcing Nungesser to comply with public records requests.

Besides the 2009 resolutions cited above, subsequent resolutions passed by the Plaquemines Parish Council during 2010 directing:

May 27—Nungesser to turn over copies of any “and all contracts, cooperative endeavor agreements or memos of understanding…from April 15, 2010, related to the effects of the Deep Water Horizon Incident, through the effective date of the resolution…” and a second calling for Nungesser to submit to the council copies of “any and all contracts, financial records, cooperative endeavor agreements or memos of understanding…from January 1, 2007 through the date of the resolution.

Res 10-199 All contracts etc from Pres since 4-15-10

Res 10-198 All contracts etc from Pres since 1-1-07

July 8—Nungesser to sign all revenue bonds approved by the council on Feb. 11, 2010, in the amount of $18 million. Res 10-251 Directing Pres to sign $18M bond documents or Mandamus filed

July 22—Nungesser to produce documents “previously requested by the…council Audit Committee and the parish council pursuant to” one of the May 27 resolutions “to compel him to produce any and all documents pertaining to all of the Federal Emergency Management Agency (FEMA) expenditures.

Res 10-273 Mandamus for records requests

August 12—The council’s legal department to initiate legal proceedings if necessary in order to obtain a copy of the agreement for council fiscal agent from June 1, 2008, through May 31, 2010 pursuant to the council’s first request for the document made on June 29, 2010. Res 10-294 Fiscal Agent PRR

October 28—The council’s legal department to initiate legal action to compel Nungesser “to enter into and execute a purchase agreement with two realty companies for six acres to be used for a recreation park, athletic fields, walking track and picnic area pursuant to the council’s approval of the purchase on June 26, 2008. Res 10-463 Resol mandamus to execute purchase agree with White Oak

November 11—The council’s legal department to initiate legal action to compel Nungesser “to assist with and finalize all plans for design and engineering as needed for the raising of an East Bank levee; the council’s legal department to initiate legal proceedings to compel Nungesser to honor a contract with a New Orleans law firm and to issue payment for services rendered by firm attorney Robert Barnett; the council’s legal department to take legal action to force Nungesser to transfer $3 million in funds to a parish levee project; Nungesser to provide “any and all documents, pleadings, emails, facsimiles, correspondence, letters, memorandums, interoffice documentation and intra-office documentation generated by Stephen Braud” as an attorney for the parish from Jan. 1, 2010, to date of the resolution.

Res 10-486 Mandmaus to assist with plans for raising EB levee

Res 10-485 Res No. 10-485 authorizing Mandamaus to pay Guste, Barnett

Res 10-482 mandamus transfer LRA EB Consolidated Complex Project to EB Non Fede

Res 10-481 Braud Pub Rec Request and mandamus

December 9—Nungesser to provide “any and all project worksheets, contracts, agreements, memoranda of understanding, etc., relative to FEMA funding executed by Nungesser” from Jan. 1, 2007, to the date of the resolution; Nungesser to provide a copy of “any and all professional services contracts” between the parish and All South Consulting Engineers from Jan. 1, 2007, to the date of the resolution; the parish legal counsel to initiate against Nungesser in order to force him to begin a resurfacing/striping project on LA. 15; the council legal department to initiate legal proceedings to compel Nungesser to remove “all movables” from the Ft. Jackson Port. Res 10-512 directing pres to submit all documents for FEMA funding from 1-1-07

Res 10-511 Mandamus directing pres to submit all contracts with AllSouth from 1-1-07

Res 10-514 Authorize Council legal dept to file mandamus to resurface hwy 15

Res 10-520 Ft Jackson Port MSRC Building-file Mandamus

December 31—Nungesser to enter into a contract with Deep South Associates; Nungesser to sign “any and all documents” with Fenstermaker & Associates for the engineering and the hiring of a surveyor to identify parish right of way and levee footprint for a levee lift in the parish.

Res 10-521 rober’t draft Deep South Associates

Res 10-524 Fenster Maker

Failure by Nungesser to comply with council actions regarding infrastructure work and contracts, provided such action was legal, could conceivably have been construed as malfeasance.

But the question of what is and what is not considered public record is clearly defined in L.S. 44:1 et seq. LOUISIANA PUBLIC RECORDS ACT

So what did Nungesser do?

Nothing, absolutely nothing—except perhaps to conspire with allies on the council to let the clock run until new members on the council would give him a majority to do as he pleased, including having the 18 resolutions rescinded.

And that’s precisely what happened.

Consider an email from Stuart Guey, Jr., a council member firmly entrenched in Nungesser’s camp. The email, written on April 8, 2011, was written to Assistant Parish Attorney Michael Mullin and copied to other council members, including Nungesser, said:

“I received a letter from (retired Baton Rouge State District Judge) Frank Foil regarding his appointment as ad hoc judge on the remaining Mandamus suits. It would be wonderful if the suits all can be resolved. I asked that resolutions be prepared for introduction to dismiss all writs but all Council members will have to know that the requested information has been compiled and where to view the information before it would be voted upon. I understand all the requested information may be on a disc that can be sent to everyone. If the information, in any format, is not provided to all Council members in a timely manner we will have to solicit legal counsel and proceed with the litigation. I hope this can be prevented. Please let me know what can be done.”

And, of course, once the resolutions to dismiss were put to a council vote, the writs conveniently went away.

Such is the type of ruthless control Nungesser exercised in Plaquemines Parish—somewhat reminiscent to the way old Leander Perez once reigned supreme in Plaquemines.

But such tactics aren’t going to fly in Baton Rouge.

LouisianaVoice currently has public records requests pending with Nungesser’s office and we aren’t going to wait much longer for a response. We requested—and received—his appointment calendar since taking office but we have yet to receive a response of any description on our requests for emails and other correspondence.

Nungesser may think that he’s omnipotent and that a little ol’ pissant writer out in Denham Springs doesn’t have a chance against the clout of the lieutenant governor’s and the Louisiana Attorney General’s offices, should the latter be called in to defend him.

But we have taken the state to court on three occasions over the non-production of public records and we will not hesitate to do so again. That’s because we have that one very important thing on our side: the Louisiana Constitution and we aren’t afraid to smack Nungesser upside the head with it.

And if we do, there won’t be a Plaquemines Parish Council to bail him out.

 

Posted in Boards, Contract, Contracts, Corruption, Courts, Ethics, Finances, Fraud, Judges, Lawsuits, Politicians, Public Records, Transparency | 10 Comments »

Jindal hospital privatization plans just won’t go away; Baton Rouge attorney files appeal of Huey P. Long Hospital closure

April 25, 2016 by tomaswell

There’re few feelings worse than a hangover and when the hangover contains remnants of the eight-year drunjeb privatization binge of the Bobby Jindal administration, the pain is particularly excruciating. In this case, it’s the state hospital privatization fiasco that keeps on giving us the dry heaves.

It may not rank up there with the 50-page blank contract http://www.forward-now.com/2014/01/09/as-the-la-hospital-privatization-biomed-worms-turn/ but the less-than-transparent and most probably more than a little illegal closure of one hospital has prompted a Baton Rouge attorney to file an APPEAL with the First Circuit Court of Appeal in Baton Rouge. His appeal follows the State Civil Service Commission’s denial of his Civil Service appeal on behalf of eight employees who lost their jobs when the Huey P. Long Hospital in Pineville.

Arthur Smith III initially also represented Edwin Ray Parker, president of Council 17 of the American Federation of State, County and Municipal Employees (AFSCME), and Brad Ott, a public hospital patient from New Orleans. Upon being informed they had no standing in a civil service matter since they were not state employees, however, they requested that their claims be dismissed.

In all, some 200 employees lost their jobs when the Jindal administration shuttered the facility on June 30, 2014.

Ott and Parker initially sued the state as soon as the closure was approved, claiming legislators did not comply with the Louisiana State Constitution in authorizing Bobby Jindal to close the LSU-run hospital. A retired state judge sitting in for the presiding judge in the case, in a curious ruling noted that the Senate violated the open meetings law when the proposed legislation was heard by its Health and Welfare Committee and said the closure was unconstitutional—but nevertheless allowed the closure to go forward. http://www.nola.com/politics/index.ssf/2014/06/lsu_hospital_closure_ruled_unc.html

The open meetings law violation claim came into play when the Senate committee published a meeting notice two days before its hearing, with an agenda that did not include the hospital closure legislation. But on the afternoon prior to the meeting, a revised agenda was posted that included the legislation, a ploy most likely designed to blindside opponents of the closure by not giving them sufficient time to mount an organized opposition.

Judge Robert Downing said he made his ruling so that the matter would fast track a direct appeal to the State Supreme Court, which ultimately denied a stay order, thus allowing the closure. At the same time he sharply criticized Jindal for “turning down billions” of federal dollars through Medicaid Expansion—even as Jindal was (wink, wink) claiming the hospital closure would improve health care for the uninsured in the 16-parish area served by the hospital.

Smith filed his appeal with the First Circuit following the Civil Service Commission’s seven-page DENIAL of his civil service appeal issued on April 6.

State Civil Service Director Shannon Templet was quoted in the commission’s decision as saying a “lack of funds” was the reason for the layoff. That, of course, played directly into Jindal’s hands as he had been systematically starving health care for the indigent since long before he became governor—as Secretary of the Department of Health and Hospitals under former Gov. Mike Foster.

In his appeal, Smith argues that the Civil Service Commission erred in approving the cooperative endeavor agreement (CEA) pertaining to the medical center by failing to comply with the rules set forth by the Louisiana Supreme Court in Civil Service Commission v. City of New Orleans. http://caselaw.findlaw.com/la-supreme-court/1274405.html

Posted in Ethics, Fraud, Governor's Office, Health Care, Huey Long, Lawsuits, Layoffs, Legislature, Legislators, Privatization, Senate, Transparency | 12 Comments »

LouisianaVoice April fund drive enters its final two days

April 21, 2016 by tomaswell

We’re heading into the final two days of our April fund drive. Friday and Saturday are the last days of this month’s efforts to raise money to finance research, travel and court costs.

We’re still a little short of our goal and we need your help in our final push so that we can continue to write provocative stories about what our elected and appointed officials are doing that affects all our lives.

Remember, everything they do, they do it with taxpayer dollars—our dollars. It is imperative that we keep tabs on how our money is being spent. Are our hard-earned taxes being used efficiently to get the most bang for the buck to benefit the citizens of Louisiana? Or are they being used to benefit those who we have elected or appointed?

Are our representatives representing us or the corporations, special interests and lobbyists who pour money into political campaigns in order to buy elections and own politicians?

That’s what we do at LouisianaVoice. We have never taken a campaign contribution and we’ve never had a meal courtesy of a lobbyist. In short, we don’t sell out to the highest bidder. By extension, we are your voice in Baton Rouge—an independent voice that will give you the unvarnished truth about our elected officials.

Please help us in that endeavor by clicking on the yellow “DONATE” button to the right or mail your contributions to:

LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727

Thank you for five great years! Let’s go for five more.

 

 

Posted in Politics | 4 Comments »

Iraqiscam only part of the Billy Nungesser story; there is so very much more: what a man, what a legend, what a shame!

April 18, 2016 by tomaswell

Iraqi oil scams, critical compliance audits, litigation over the misappropriation of public funds, questionable land deals, botched Wal Mart deal involving Bobby Jindal’s father-in-law.

They’re all just another day at the office for Lt. Gov. Billy Nungesser.

When Baton Rouge Advocate reporters Rebekah Allen and Richard Thompson did some good old-fashioned journalistic digging last week to report that hysterical Iraqi oil scam perpetrated by Nungesser and political ally State Republican Party Chairman Roger Villere, it threw LouisianaVoice into a scramble mode. http://theadvocate.com/news/politics/15398751-125/lt-gov-billy-nungesser-gop-chairman-roger-villere-work-to-recruit-unlikely-iraq-to-louisiana-busin

In short order we found that Nungesser and Villere had fallen for a similar con run by the same company (Alexandros, a corporation registered in Delaware), but instead of the State of Louisiana and Nungesser and Villere, the targets were the governor of the U.S. Virgin Islands and former Baton Rouge Metro Council member Darrell Glasper. https://louisianavoice.com/2016/04/12/louisiana-has-a-new-clown-prince-but-its-egg-not-a-pie-all-over-lt-gov-nungessers-face-after-succession-of-blunders/

But by the time the light came on in Nungesser’s head, Krusty had already been cued. https://www.youtube.com/watch?v=SzLHU6S4oic

By then, however, it was too late. He had fired off letters to Secretary of State John Kerry, the U.S. Ambassador to Iraq Stuart Jones and to Iraqi Prime Minister Haider al-Abadi, and even issued a press release to (thankfully) only one news outlet, The Washington Post which (again, thankfully) did not run with the story.

Oh, and he also passed himself off as the one man in state government responsible for economic development (quick: someone let Secretary of Economic Development Secretary Donald Pierson know) and he said he was acting on the directive of Gov. John Bel Edwards (he wasn’t).

Sources tell LouisianaVoice that when Edwards heard about the two-man theater of the absurd, he had two state troopers interrupt Nungesser during an address to a group of businessmen and escort him to the governor’s office where he had a little come-to-Jesus meeting with Edwards. We weren’t able to get a confirmation or denial of that story

Nungesser, of course, did the only logical thing: he first blamed his staff, saying the letters should never have reached his desk. He then tried to throw Villere under the bus by saying the state GOP chairman had requested the letters from him. Finally, in an appearance on the Jim Engster radio show, he said the letters were in the middle of a stack of thank-you notes and he didn’t actually read them.

Did he learn his lesson? Apparently not. Even after the Iraqi letter-writing frenzy blew up in his face, he then told another group that Edwards had put him in charge of coastal restoration.

Nice.

Trying to imagine Nungesser sitting at his desk feverishly signing all those thank-you notes, it’s difficult not to visualize Gov. William J. Lepetomane signing a succession of documents handed him by aide Hedley Lamarr in the movie Blazing Saddles. https://www.youtube.com/watch?v=sm1Jyusyoqk

Back during those heady days as Plaquemines Parish President, Nungesser decided he’d like to bring a brand spanking new Wal Mart to the lot at the corner of LA. 23 and LA. 406 in Belle Chasse.

The only problem was there was a moratorium on big box stores on the books that the parish council had passed and by the time it expired about a year later, the tide of opinion on the council had turned against Nungesser’s proposal.

The land in question was—and is—owned by several former employees of Freeport McMoRan, one of whom is Jatinder (Jay) Jolly.

Jolly is the father of Supriya Jindal, wife of former Gov. Bobby Jindal.

After the deal collapsed, only a small building owned by Freeport McMoRan sat on the property but now it has been torn down and only a concrete slab remains, leading to speculation that the Wal Mart proposal may be resurrected.

A 2010 compliance AUDIT conducted by the Legislative Auditor’s Office while Nungesser still served as parish president is especially telling.

A compliance audit is different from a routine annual audit in that a compliance audit is an audit for compliance of laws, regulations and other guidelines that a governmental entity is required to follow.

In short, the compliance audit found that:

  • The Parish may have violated the parish Charter and a local ordinance by entering into two contracts pertaining to recovery operations.
  • The Parish Administration may have violated the Local Government Budget Act by not including Federal Emergency Management Agency (FEMA) grants within the Parish budget.
  • The Parish’s attorney may not be properly approved by the Council as required in the Parish Charter.
  • The Parish President (Nungesser) may have violated the Louisiana Code of Governmental Ethics through real estate transactions between his trust and the owners of two Parish vendors.

In that last finding, auditors said in January 2008, the owners of two companies doing business with the parish “were also involved in a private real estate transaction with a trust whose beneficiary is Parish President William Nungesser. These transactions may constitute a violation of the Louisiana Code of Governmental Ethics and therefore will be referred to the Board of Ethics for its consideration.”

Since Nungesser was a political ally of Jindal and the Board of Ethics members are appointed by Jindal, nothing came of that referral.

Nungesser, in typical fashion, saw no fault in his actions and fired off a defiant 12-page letter of response to the state auditor in which he painted himself as the savior of a parish devastated by hurricanes and the BP Deepwater Horizon oil spill. He even managed to tell auditors what their job was in his response, saying they had “no authority” to second-guess his decision as to when a state of emergency was ended.

If he could find no fault, members of the Plaquemines Parish Council certainly could (with the exception of Council Chairman Kirk Lepine.)

On Oct. 15, just nine days before the Oct. 24 primary election last fall, the Plaquemines Parish Government filed suit against Nungesser in 25th Judicial District Court in Plaquemines Parish.

The lawsuit accuses Nungesser of causing “the misappropriation of public property and public services” by having Plaquemines Parish employees perform work on private property.

The suit says he ordered parish employees of the Heavy Equipment Department to transport limestone, sand aggregate and asphalt belonging to the parish to two private roads in the parish and to cut trees and dig out a drainage ditch prior to installing a drain pipe with an 8-by-20-foot culvert and then backfill on private property on LA. 23 in Belle Chasse.

Now Lepine has offered up a motion for the parish to drop the lawsuit.

Perhaps it’s only coincidence that Lepine’s stepdaughter works for Nungesser.

CLOWN IN CHIEF

Posted in Auditor, Contract, Contracts, Corruption, Elections, Ethics, Finances, Lawsuits, Politicians, Public Records, Supriya Jinda Foundation | 9 Comments »

LouisianaVoice April fund drive in final week; please help

April 18, 2016 by tomaswell

Our April fund drive is entering its final week and we’re still quite a ways from what is needed to sustain and expand our operations.

Remember, we don’t accept advertising (with the exception of the free ad for Cavalier House Books) and we don’t charge a subscription. That’s because we don’t want to be obligated to any sponsor in case of a story that may conflict with the sponsor’s interests and because we want our posts to be available to everyone, including those who cannot afford a monthly subscription fee.

If the no subscription policy is to continue, we need your help. If only a fraction of our 3,000 subscribers contributed $10 or $20, that would be sufficient. Unfortunately, only a few contribute and they have done so repeatedly—and we so much appreciate their support.

So, please click on the yellow “DONATE” button at lower right and pay by credit care or mail your checks to:

Capital News Service/LouisianaVoice

P.O. Box 922

Denham Springs, LA. 70727

Posted in Politics | 4 Comments »

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