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Calling out The Hayride, pseudo investigations, backdoor contracts, and executive sessions cloistered in subterfuge

September 8, 2016 by tomaswell

co–opt

verb \kō-ˈäpt\

  • to use or take control of (something) for your own purposes

LouisianaVoice and The Hayride come down on the same side of an issue about as often as Bobby Jindal balanced the State Budget without imposing draconian mid-year cuts.

We are both in accord in the belief that there’s something that doesn’t pass the smell taste in the suspicious manner in which an investigation of political contributions by State Troopers was quietly dropped by the attorney hired to conduct the investigation—only to see that attorney retained to represent the state in a high-dollar lawsuit against oil companies over coastal land loss.

But the folks over at The Hayride should check the time line a little more carefully before trying to claim credit for breaking the story.

In its Thursday (Sept. 8) post, The Hayride said, “our own John Binder was at the forefront in reporting on the (contribution) scandal, following up with updates on the investigation, and exposing how deep it goes.”

That’s a pretty interesting claim given that LouisianaVoice and The Baton Rouge Advocate have attended every meeting of the Louisiana State Police Commission (LSPC) meeting (except when Advocate reporter Maya Lau was pulled off the story following the police shootings in July).

John Binder has yet to make an appearance at any of those meetings.

Moreover, to our knowledge, Binder’s first story about the contributions being laundered through Louisiana State Troopers Association (LSTA) Executive Director David Young was posted on Jan. 14 of this year. http://thehayride.com/2016/01/trooper-gate-illegally-funneling-money/

That was more than a month after our Dec. 9, 2015, story. https://louisianavoice.com/2015/12/09/more-than-45000-in-campaign-cash-is-funneled-through-executive-director-by-louisiana-state-troopers-association/

Moreover, The Hayride gave attorney Taylor Townsend credit for revealing that three members of the LSPC also had made political contributions in violation of state law when in fact, LouisianaVoice announced that fact before Taylor’s revealed it to the commission. https://louisianavoice.com/2016/04/14/two-more-members-of-lspc-quit-over-political-contributions-while-pondering-probe-of-lsta-for-same-offense/

Co-opt.

But enough of that. At least we’re in accord in our conviction that there’s something rotten in Denmark over the sleazy way in which it was announced that (1) no witnesses were interviewed, thus no written report was generated, (2) because there was no report, there are no findings to be provided the media, ergo (3) it’s nobody’s damned business what his “official investigation” found.

That’s correct, public records requests have hit the proverbial stone wall. In fact, LouisianaVoice has learned that there is a recording of a meeting of the Troop I affiliate of LSTA at which a member acknowledged that the LSTA violated the law in the manner in which the donations were approved by LSTA directors, funneled through Young, who was then reimbursed for “expenses.”

When a request for a copy of that recording was made of Townsend, he never denied the existence of the tape but said that because the tape was never introduced into evidence, it is not public record.

First of all, why was the recording not included as evidence? Second, why did Townsend not interview a single member of the LSTA?

So the obvious lesson here is if you don’t want your buddies (or one of your appointees) to be found guilty of some impropriety or if you don’t want to embarrass the agency you head, the obvious solution is to terminate the “investigation” short of interviewing witnesses or introducing key evidence (like an incriminating recording) and never issue  written report. That way, you keep your “findings” away from the nosy media. Hell, Nixon could’ve learned from these guys.

For a $75,000 contract, taxpayers deserve a little more thorough effort on the part of their “investigator.” To call Townsend’s efforts at a legitimate investigation and his lame explanation to the commission an exercise in duplicity would be charitable.

It would be enough if that were the end of the story. But it’s not…and it gets worse.

The fact that Gov. Edwards selected J. Michael Veron of Lake Charles and Gladstone Jones of New Orleans to represent the state in the legal action against the oil companies doesn’t concern us so much because (1) a lawsuit to force big oil to bear the cost of cleaning up after itself is long overdue, and (2) both men have proven track records in such litigation, having major decisions in the past. After all, in litigation with so high stakes, you want the best—even if they were major contributors to Edwards’ campaign—which they were. http://www.theadvocate.com/baton_rouge/news/environment/article_36a72414-6fd3-11e6-84fb-533941a35403.html

The fact that he chose to include Townsend, basically inexperienced in such litigation but a major Edwards fundraiser, on the heels of a complete—and shameful—whitewash in a probe that at least peripherally involved State Police Superintendent Mike Edmonson, re-appointed by Edwards, only reinforces our skepticism and our belief that the “investigation” was ordered quashed from the very top—by Edwards.

Of course Attorney General, in kicking off his 2019 gubernatorial campaign (can anyone seriously doubt he’s running?) has refused to concur in the attorneys’ appointments, which is an entirely different sideshow that’s certain to get even more interesting.

The Advocate’s Lau reported that Matthew Block, Edwards’ executive counsel, said the governor was not aware that Townsend had been hired by the LSPC until after it happened. http://www.theadvocate.com/baton_rouge/news/politics/article_2d629298-712d-11e6-b66b-4f996a7bf239.html

Block’s claim, to say the least, stretches credulity.

And then there was Thursday’s closed door meeting of the LSPC.

The commission went into executive session not once, but twice and that second time may have been in violation of the state’s open meeting laws.

At issue was the promotion of Maj. Jason Starnes to the position of Department of Public Safety Undersecretary to succeed Jill Boudreaux who retired (for a second time) earlier this year.

Starnes, a classified member of LSP, had been transferred by Edmonson to an unclassified non-state police service position as Interim Undersecretary, Custodian of Records of the Office of Management and Finance within the Louisiana Department of Public Safety and Corrections (DPS). https://louisianavoice.com/2016/06/06/starnes-promotion-pulled-by-edmonson-after-complaint-governor-fails-to-sign-lsp-pay-plan-rescinded-by-lspc/

That move, the complaint says, was in violation of Rule 14.3(G), which says:

  • No classified member of the State Police shall be appointed, promoted, transferred or any way employed in or to any position that is not within the State Police Service.

When the matter of a rule change to allow the appointment came up on the agenda, the commission went into closed session a second time.

When we pointed out state law prohibits carte blanche closed-door meeting, Townsend said the executive meeting was to discuss “personnel matters,” which is permitted under law.

La. R.S. 42:17 Exceptions to open meetings

  1. A public body may hold an executive session pursuant to R.S. 42:16 for one or more of the following reasons:

(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours, exclusive of Saturdays, Sundays, and legal holidays, before the scheduled time contained in the notice of the meeting at which such executive session is to take place and that such person may require that such discussion be held at an open meeting. However, nothing in this Paragraph shall permit an executive session for discussion of the appointment of a person to a public body or, except as provided in R.S. 39:1593(C)(2)(c), for discussing the award of a public contract. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.

(2) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.

(3) Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices.

(4) Investigative proceedings regarding allegations of misconduct

But, we said, the executive was not to discuss personnel matters, but to discuss policy, which must be discussed in open meeting.

You can guess who prevailed in this mini-debate. Townsend, again earning his fee, decided that since Edmonson claimed he never actually “appointed” Starnes because that can only be done by the governor, there was no need for action by the commission. Neither Townsend nor Doss bothered to mention that while Edmonson said he never “appointed” Starnes, the Louisiana State Police (LSP) Web page first listed Starnes as Undersecretary but then took the page down following the official complaint registered by retired State Trooper Bucky Millet of Lake Arthur.

As for the first executive session, it appeared to be legal. It was to discuss a settlement proposal in a legal matter, which was ultimately rejected by the commission.

A proposal by Commission President T.J. Doss to revamp the duties of the LSPC Executive Director was tabled following complaints by other members that they had not had an opportunity to review the changes.

Doss was caught off guard but recovered after we asked if the proposed changes, which would sharply curtail the executive director’s powers and responsibilities by transferring them to the LSPC, represented a power grab by Edmonson. The proposals certainly left that impression but Doss denied that was the motive behind the proposed changes.

The commission also rejected Doss’ call for a three-member “executive committee,” saying that was simply another layer of bureaucracy.

Nice to know there is still a sliver of sanity on the commission.

Posted in Boards, Campaign Contributions, Coastal Erosion, Commissions, Contract, Contracts, Corruption, Elections, Ethics, Governor's Office, Lobbyist, Media, Politicians, State Police, Transparency | 2 Comments »

When reading missives underwritten by Koch Industries, it’s important to read what isn’t said and look for hidden agenda

September 6, 2016 by tomaswell

I subscribe to a number of news services, political blogs and think tanks. They span the ideological spectrum, from the outer fringe reactionary right, to the so-called mainstream media, to libertarian positions, to the lunatic left. I want to hear all sides of issues so I may reach my own conclusions.

Needless to say, I am on the receiving end of a lot of opinions, conspiracy theories, and occasionally even sound reasoning.

Obviously, I don’t have time to read each one.

But when I received the essay from the Foundation for Economic Education (FEE) entitled Five Ways the Government Keeps Native Americans in Poverty, I had to check it out.

It’s no secret that the federal government had consistently dealt the American Indians, aka Native Americans, a sorry hand. They were displaced from their bountiful hunting lands and transplanted to unforgiving, barren reservations where they were provided substandard educational facilities by uncaring, paternalistic bureaucrats in Washington—all in the name of Manifest Destiny.

Unforgiving and barren, that is, until the discovery of oil and gas on the reservations. Suddenly the welfare of Native Americans became a major buzzword.

There was one big red flag when I started reading the post, however.

The article was written by one Shawn Regan of the Property and Environment Research Center (PERC).

Both FEE and PERC are funded in part by Charles and David, the billionaire Koch brothers of Koch Industries. http://www.greenpeace.org/usa/global-warming/climate-deniers/front-groups/foundation-for-economic-education-fee/

After failing to dislodge Barack Obama from the presidency in 2012, the Kochs quietly re-tooled, adapting the face of benevolent, caring humanitarians. Thus the rather sudden concern for the downtrodden, the environment, and the overall good of mankind.

So when reading about how the government keeps Native Americans in poverty, I paid special attention not to what Regan was saying but to what he did not say.

My first question before reading the first word was why are the Kochs suddenly so concerned with the welfare of Native Americans?

A 1989 U.S. Senate committee report, after all, found that the Kochs had cheated the Navajo tribe out of millions of dollars by deliberately short-measuring oil taken from Indian reservations. https://www.propublica.org/article/land-grab-cheats-north-dakota-tribes-out-of-1-billion-suits-allege

The Senate Committee on Indian Affairs examined internal company documents and even sent investigators into the field to look at how Koch Oil employees were measuring the oil they took from tribal lands. The committee found that “Koch’s practice of sophisticated oil theft is carried out primarily by gaugers, the field personnel responsible for measurement of crude oil.” Gaugers report the oil measured and its quality on run tickets, which are the basis on which royalties are paid.

The quantity of the oil was measured by gauging the depth of the oil in the producer’s tanks before any was pumped out, the depth of the oil after the tank was pumped and the temperature of the oil to account for expansion or contraction. A fourth measurement determined the quality of the oil. “Koch gaugers were instructed to misstate each of these elements in the company’s favor and fraudulently report their phony measurements on the run tickets.” A gauger who reports that the company took more oil than it paid for was said to be “long” or “over.”

http://indiancountrytodaymedianetwork.com/2014/10/28/money-koch-bros-stole-tribes-could-swing-mid-term-elections-157542

In all, the Navajo, Crow and Blackfoot tribes have been cheated out of more than $1 billion, according to a story by Pro Publica. https://www.propublica.org/article/land-grab-cheats-north-dakota-tribes-out-of-1-billion-suits-allege

Here’s a sample of some of the things Regan wrote (with his comments in boldface type followed by our interpretation of what he really meant in italics and parentheses):

“All development projects on Indian land must be reviewed and authorized by the government, a process that is notoriously slow and burdensome. On Indian lands, companies must go through at least four federal agencies and 49 steps to acquire a permit for energy development. Off reservation, it takes only four steps. This bureaucracy prevents tribes from capitalizing on their resources.” (We don’t want government regulators looking over our shoulders as we systematically destroy what little land these people have left—like the way we’ve helped destroy Louisiana’s coastal wetlands.)

“It’s not uncommon for years to pass before the necessary approvals are acquired to begin energy development on Indian lands – a process that takes only a few months on private lands. At any time, an agency may demand more information or shut down development. Simply completing a title search can cause delays. Indians have waited six years to receive title search reports that other Americans can get in just a few days.” (We’re the Kochs. We’re the public face of big oil and we’re used to getting our way without all those regulatory delays. Down in Louisiana, we spread a little money on the floor of the Legislature, pop over to the Department of Natural Resources, pick up our permits and we’re out the door in just a few hours, including lunch at Ruth’s Chris.)

“The result is that many investors avoid Indian lands altogether.” (That’s about to change: if there’s anyone easier to cheat than Cajuns, it’s those Indians who don’t have an advocate.) “When development does occur, federal agencies are involved in every detail, even collecting payments on behalf of tribes.” (We’ve been telling those folks in Louisiana the same thing for 100 years, so we hold franchise rights on how to do it.) The royalties are then distributed back to Indians (Yeah, right.) – that is, if the government doesn’t lose money in the process.”

“Royalties were set by the Bureau of Indian Affairs, but the agency consistently undervalued Indian resources. A federal commission concluded in 1977 that leases negotiated on behalf of Indians were “among the poorest agreements ever made.” (Uh, we don’t talk about that 1989 report which shows that we took it a step further with our bogus measurements.)

“A recent class action suit alleged that the government mismanaged billions of dollars in Indian assets. The case settled in 2009 for $3.4 billion—far less than what was lost by the feds.” (Shoot, we only took ‘em for $230 million).

“Thanks to the legacy of federal control, reservations have complicated legal and property systems that are detrimental to economic growth.” (When all other arguments fail, always fall back on the tried and true economic growth ploy. It never fails.)

“Darrin Old Coyote, chairman of the Crow Tribe in Montana, puts it plainly: ‘The war on coal is a war on our families and our children.’ Coal provides the greatest economic opportunity for the impoverished tribe, but regulations are making it hard for the tribe to capitalize on their natural resources. Some are even trying to prevent the tribe from exporting coal to Asia.” (Did we mention that Koch Carbon is one of the world’s largest traders in coal?)

http://www.kochcarbon.com/

http://www.kochcarbon.com/Businesses.aspx

So what’s the point of all this information about Koch and the Native Americans and just how does all this relate to Louisiana.

Well, besides being a major player in the fossil fuel industry, Koch Industries has set about on an ambitious—and expensive—campaign to purchase the federal (including Congress, the presidency, and the Supreme Court) and state governments with a complex network of innocent-sounding “educational” foundations that funnel hundreds of millions of unreported dollars into political campaigns and which underwrite such “informative” pseudo-investigative pieces such as the noble (on the surface, at least) essays on how the government keeps Native Americans in poverty.

Here are Koch purchases contributions in Louisiana since 2003:

FilerLastName FilerFirstName ReportCode ContributionDate ContributionAmt
Abramson Neil F102 3/7/2014 $500.00
Abramson Neil F102 1/2/2015 $500.00
Adley Robert R. F103 2/12/2003 $1,000.00
Alario, Jr. John F102 1/17/2014 $1,000.00
Alario, Jr. John F102 3/23/2015 $1,000.00
Amoroso A. J. (Buddy) F103 3/18/2015 $1,000.00
Amoroso A. J. (Buddy) F102 1/8/2015 $1,000.00
Amoroso A. J. (Buddy) F102 3/18/2015 $1,000.00
Appel Conrad F102 3/2/2014 $500.00
Bacala Anthony F103 10/20/2015 $1,000.00
Bacala Anthony F102 10/20/2015 $1,000.00
Berthelot John A. (Johnny) F102 2/2/2015 $500.00
Bishop Stuart F102 2/19/2015 $500.00
Brown Chad M. F102 11/17/2015 $1,000.00
Buquet III James J F103 10/19/2015 $1,000.00
Buquet III James J F102 10/19/2015 $1,000.00
Burford Richard T. (Ritchie) F103 11/12/2015 $2,500.00
Burford Richard T. (Ritchie) F102 11/12/2015 $2,500.00
Burford Richard T. (Ritchie) F102 10/15/2015 $1,750.00
Burford Richard T. (Ritchie) F103 10/15/2015 $1,750.00
Burford Richard T. (Ritchie) F102 2/13/2015 $500.00
Burns Henry L. F103 11/15/2015 $2,500.00
Burns Henry L. F102 11/15/2015 $2,500.00
Burns Henry L. F103 10/20/2015 $2,000.00
Carter Hunter Cole F102 11/4/2015 $2,500.00
Carter Hunter Cole F103 10/19/2015 $1,000.00
Carter Hunter Cole F102 10/19/2015 $1,000.00
Chabert Norbert (Norby) F102 3/6/2014 $500.00
Chabert Norbert (Norby) F102 2/25/2015 $500.00
Claitor Daniel A. F102 2/12/2015 $500.00
Cortez Patrick Page F102 2/12/2014 $500.00
Cortez Patrick Page F102 3/30/2015 $500.00
Cortez Patrick Page F102 10/22/2015 $500.00
Crowe A. G. F102 3/7/2014 $500.00
Donahue Jack F102 2/3/2014 $500.00
Donahue Jack F102 1/18/2015 $500.00
Duplessis Ann D. F102 11/29/2007 $500.00
Edmonds Rick F103 11/10/2015 $2,500.00
Edmonds Rick F102 11/10/2015 $2,500.00
Ellington Noble F103 11/9/2007 $500.00
Ellington Noble F102 12/18/2007 $500.00
Fannin James R. (Jim) F102 1/17/2014 $1,000.00
Fannin James R. (Jim) F102 2/3/2015 $1,000.00
Fannin James R. (Jim) F102 10/16/2015 $500.00
Franklin Albert F102 11/4/2015 $1,000.00
Garofalo, Jr. Raymond E. "Ray" F102 11/16/2015 $2,500.00
Garofalo, Jr. Raymond E. "Ray" F103 11/16/2015 $2,500.00
Garofalo, Jr. Raymond E. "Ray" F102 10/16/2015 $2,000.00
Garofalo, Jr. Raymond E. "Ray" F103 10/16/2015 $2,000.00
Guidry John Michael F103 12/3/2012 $5,000.00
Guidry John Michael F102 11/29/2012 $5,000.00
Guidry John Michael F102 12/3/2012 $5,000.00
Guinn John F102 10/21/2015 $500.00
Havard Kenneth Edward F102 3/10/2014 $500.00
Havard Kenneth Edward F102 2/9/2015 $500.00
Heck Ryan Eugene F103 10/13/2015 $2,500.00
Heck Ryan Eugene F103 11/10/2015 $2,500.00
Heck Ryan Eugene F102 10/13/2015 $2,500.00
Heck Ryan Eugene F102 11/10/2015 $2,500.00
Hoffmann Frank A. F102 2/18/2014 $500.00
Hoffmann Frank A. F102 2/4/2015 $500.00
Honore Dalton W. F103 10/16/2015 $1,000.00
Honore Dalton W. F102 10/16/2015 $1,000.00
Ivey Barry F102 3/10/2014 $500.00
JAZZ PAC F202 5/9/2008 $5,000.00
JAZZ PAC F202 8/31/2009 $5,000.00
JAZZ PAC F202 3/31/2010 $5,000.00
JAZZ PAC F202 6/20/2011 $2,500.00
JAZZ PAC F202 12/1/2011 $2,500.00
Jindal Bobby F102 4/13/2007 $2,500.00
Johns Ronald (Ronnie) F102 10/19/2015 $1,000.00
Johns Ronald (Ronnie) F102 3/7/2014 $500.00
Johns Ronald (Ronnie) F102 3/13/2015 $500.00
Jordan Edmond D. F102 5/14/2016 $1,000.00
Kennedy John F102 8/1/2007 $2,000.00
Kennedy John F102 3/7/2014 $1,000.00
Kennedy John F102 1/1/2015 $1,000.00
Kennedy John F103 10/15/2015 $1,000.00
Kennedy John F102 10/15/2015 $1,000.00
LA Committee for a Republican Majority F203 10/19/2007 $100,000.00
LA Committee for a Republican Majority F202 10/24/2007 $100,000.00
LA Committee for a Republican Majority F202 8/22/2011 $100,000.00
Landry Jeff F103 11/12/2015 $5,000.00
Landry Jeff F102 11/12/2015 $5,000.00
Landry Jeff F102 10/14/2015 $4,000.00
Landry Jeff F103 10/14/2015 $4,000.00
Landry Jeff F103 10/14/2015 $4,000.00
Landry Jeff F102 12/3/2014 $1,000.00
Landry Nancy F103 10/13/2015 $1,000.00
Landry Nancy F102 10/13/2015 $1,000.00
Leopold Chris F103 10/15/2015 $1,000.00
Leopold Chris F102 10/15/2015 $1,000.00
Long Gerald F102 3/10/2014 $500.00
Long Gerald F102 2/11/2015 $500.00
Lopinto, III Joseph P. F102 3/7/2014 $500.00
Lorusso Nicholas J. F103 10/16/2015 $1,500.00
Lorusso Nicholas J. F102 10/16/2015 $1,500.00
Lorusso Nicholas J. F102 3/5/2014 $500.00
Lorusso Nicholas J. F102 2/4/2015 $500.00
Martiny Daniel R. F102 3/7/2014 $500.00
McFarland Jack G. F103 10/19/2015 $1,000.00
McFarland Jack G. F102 10/19/2015 $1,000.00
Miguez Blake F102 10/6/2015 $500.00
Morris James H. F103 10/16/2015 $1,000.00
Morris James H. F102 10/16/2015 $1,000.00
Morrish Dan F102 3/7/2014 $500.00
Morrish Dan F102 2/9/2015 $500.00
Morvant William F102 9/27/2012 $5,000.00
Peacock Barrow F102 3/7/2014 $500.00
Peacock Barrow F102 2/5/2015 $500.00
Ponti Erich E. F102 2/27/2014 $500.00
Ponti Erich E. F102 2/2/2015 $500.00
Price Edward F103 10/15/2015 $500.00
Price Edward F102 10/15/2015 $500.00
Pugh Stephen (Steve) F103 10/22/2015 $1,000.00
Pugh Stephen (Steve) F102 10/22/2015 $1,000.00
Pylant Steven E. F102 11/4/2015 $500.00
Republican Party of Louisiana F203 10/16/2007 $12,500.00
Republican Party of Louisiana F202 10/16/2007 $12,500.00
Schedler Tom F102 3/12/2015 $1,000.00
Schedler Tom F103 10/21/2015 $1,000.00
Schedler Tom F102 10/21/2015 $1,000.00
Schexnayder Clay F103 10/16/2015 $1,000.00
Schexnayder Clay F102 10/16/2015 $1,000.00
Schexnayder Clay F102 10/15/2015 $1,000.00
Seabaugh Alan T. F103 10/19/2015 $1,500.00
Seabaugh Alan T. F102 10/19/2015 $1,500.00
Seabaugh Alan T. F102 2/28/2014 $500.00
Seabaugh Alan T. F102 1/30/2015 $500.00
Shadoin Rob F102 2/4/2015 $500.00
Simon Scott F102 2/25/2015 $500.00
Skrmetta Eric F103 12/2/2014 $2,500.00
Skrmetta Eric F102 12/2/2014 $2,500.00
Smith John Raymond F102 2/11/2014 $500.00
Smith John Raymond F102 1/30/2015 $500.00
Smith, Jr. Gary L. F102 1/17/2014 $500.00
Smith, Jr. Gary L. F102 1/30/2015 $500.00
Stokes Julie F102 2/28/2014 $500.00
Strain Michael G. (Mike) F102 4/17/2014 $1,000.00
Strain Michael G. (Mike) F102 4/3/2015 $1,000.00
Strain Michael G. (Mike) F102 10/19/2015 $1,000.00
Tarver Gregory F102 2/2/2015 $500.00
Tarver Gregory F102 2/2/2015 $500.00
Tarver Gregory F102 2/2/2015 $500.00
The Fund for Louisiana’s Future F202 2/4/2015 $25,000.00
The Fund for Louisiana’s Future F203 11/9/2015 $25,000.00
The Fund for Louisiana’s Future F202 11/9/2015 $25,000.00
Thompson Francis C. F102 3/6/2014 $500.00
Thompson Francis C. F102 1/30/2015 $500.00
Vitter David F102 2/19/2015 $5,000.00
Vitter David F103 11/11/2015 $5,000.00
Vitter David F102 11/11/2015 $5,000.00
Walsworth Michael A. F103 10/21/2015 $1,500.00
Walsworth Michael A. F102 10/21/2015 $1,500.00
Walsworth Michael A. F102 3/6/2014 $500.00
Walsworth Michael A. F102 2/5/2015 $500.00
Ward, III Richard J. F102 3/10/2014 $500.00
Ward, III Richard J. F102 3/25/2015 $500.00
West PAC F202 10/16/2015 $5,000.00
White Mack (Bodi) F102 3/3/2014 $500.00
White Mack (Bodi) F102 2/9/2015 $500.00
Whitney Lenar L. F103 11/16/2015 $2,500.00
Whitney Lenar L. F102 11/16/2015 $2,500.00
Whitney Lenar L. F102 10/21/2015 $1,500.00
Whitney Lenar L. F103 10/21/2015 $1,500.00
Whitney Lenar L. F102 1/28/2015 $500.00
Wilson R. Brian F102 4/16/2012 $500.00
Woodruff Ebony F102 2/28/2014 $500.00

Posted in Politics | 8 Comments »

AG Landry, Champion of Justice: nabs low-hanging fruit, turns a blind eye to actions of politically well-connected

September 1, 2016 by tomaswell

An interesting news release appeared in our email inbox on Thursday (Sept. 1).

The headline beneath the official portrait of Attorney General Jeff Landry proclaimed:

Attorney General Jeff Landry Makes Louisiana Public Corruption Arrest

As if the inference that Landry made the collar all by himself were not enough, the sub-headline said:

 AG Stresses Commitment to Holding Government Officials Accountable

Here is the news release in its entirety:

Louisiana Attorney General Jeff Landry today announced an arrest made in Jonesville on charges related to violating the public’s trust.

 “In order to make our state an even better place, we must end Louisiana’s checkered past of public corruption and abuse of government offices,” said Attorney General Jeff Landry (how many times can you get the name Jeff Landry in a single news release?). “This arrest highlights our commitment to investigate, apprehend, and prosecute those who defraud our State and its people (remember that statement: it comes up again later in this post). And our office will keep working with local, state, and federal partners to hold government officials accountable.”

 Leigh Ann Ingram, a former utility clerk for the Town of Jonesville, was arrested on charges of theft (over $25,000), malfeasance in office, and computer fraud. Ingram is accused of diverting over $25,000 worth of utility payments and falsifying computer records to avoid getting caught. She allegedly received cash from customers paying their electric bills and diverted the funds foe personal use.

Based on the comparison of witness statements, cash receipts, time sheets, computer log reports, and other evidence, investigators from General Landry’s Louisiana Bureau of Investigation and the Louisiana Legislative Auditor’s Office determined that Ingram altered computer records on times and dates in which she was the only clerk in attendance.

Ingram, 47, of Jena, was arrested on August 31, 2016, and booked at the Catahoula Parish Sheriff’s Office.

That should give us a warm fuzzy just as the announcement in February by Inspector General Stephen Street should help us all sleep better at night.

In that announcement, Street informed us that Department of Children and Family Services (DCFS) Kimberly Deann Lee, 49, surrendered to authorities and was booked into the East Baton Rouge Parish Prison after being charged with falsifying reports and time sheets and for malfeasance in office.

 

After Bobby Jindal cut funding for DCFS, case workers were laid off and those remaining found themselves with impossible caseloads and no transportation for field work after repairs went undone. https://louisianavoice.com/2016/03/13/dcfs-funding-slashed-necessitating-driveway-visits-but-overworked-caseworker-is-arrested-for-falsifying-records/

At the risk of sounding like a broken record, LouisianaVoice continues to ask the unanswered question:

How is that the Attorney General and the Inspector General can be so vigilant in pursuing low-level employees while turning a blind eye to those with political clout who are equally guilty of abusing their office for financial gain?

Quite frankly, we have little patience for and even less confidence in those who are in a position to accomplish meaningful reform but choose to pick low-hanging fruit, i.e. rank and file employees with neither the financial means nor the political pull to mount an aggressive defense.

Take the lingering—and obviously ignored—case of Jill Boudreaux.

https://louisianavoice.com/2014/08/24/edmonson-not-the-first-in-dps-to-try-state-ripoff-subterfuge-undersecretary-retiresre-hires-keeps-46k-incentive-payout/

In April of 2010, the Jindal administration, in an offer to implement across the board savings, made a one-time incentive package offer to various state agencies as a means to encourage state employees to take early retirement.

Handled properly, it appeared at the time—and still does appear—to have been an economical and compassionate way to nudge employees who wanted out but who could not afford to retire, into making the decision to walk away, thus reducing the number of state employees which in turn translated to long-term savings in salaries and benefits paid by the state.

On April 23 of that year, DPS Deputy Undersecretary Jill Boudreaux sent an email to all personnel informing them that the Department of Civil Service and the Louisiana State Police Commission had approved the retirement incentive as a “Layoff Avoidance Plan.”

In legal-speak, under the incentive eligible applicants would receive a payment of 50 percent of the savings realized by DPS for one year from the effective date of the employee’s retirement.

Boudreaux, by what many in DPS feel was more than mere happenstance, managed to be the first person to sign up on the date the internet link opened up for applications.

In Boudreaux’s case, her incentive payment was based on an annual salary of about $92,000 so her incentive payment was around $46,000. In addition, she was also entitled to payment of up to 300 hours of unused annual leave which came to another $13,000 or so for a total of about $59,000 in walk-around money.

Her retirement date was April 28 but the day before, on April 27, she double encumbered herself into the classified (Civil Service) Deputy Undersecretary position because another employee was promoted into her old position on April 26.

A double incumbency is when an employee is appointed to a position that is already occupied by an incumbent, in this case, Boudreaux’s successor. Double incumbencies are mostly used for smooth succession planning initiatives when the incumbent of a position (Boudreaux, in this case) is planning to retire, according to the Louisiana Department of Civil Service.

On April 30, under the little-known retire-rehire policy, Boudreaux was rehired two days after her “retirement,” but this time at the higher paying position of Undersecretary, an unclassified, or appointive position.

What’s more, though she “retired” as Deputy Undersecretary on April 28, her “retirement” was inexplicably calculated based on the higher Undersecretary position’s salary, a position she did not assume until April 30—two days after her “retirement,” sources inside DPS told LouisianaVoice.

Following her maneuver, then-Commissioner of Administration Angelé Davis apparently saw through the ruse and reportedly ordered Boudreaux to repay her incentive payment as well as the payment for her 300 hours of annual leave, according to those same DPS sources.

It was about this time, however, that Davis left Gov. Bobby Jindal’s administration to take a position in the private sector. Paul Rainwater, Jindal’s former Deputy Chief of Staff, was named to succeed Davis on June 24, 2010, and the matter of Boudreaux’s payment quickly slipped through the cracks and was never repaid.

Six years later, in February of this year, Boudreaux finally retired for real, reportedly at the insistence of Gov. John Bel Edwards, who considered Boudreaux and the duplicitous maneuver and her accompanying financial windfall as something of an embarrassment.

https://louisianavoice.com/2016/02/29/dps-undersecretary-jill-boudreaux-retiring-for-real-this-time-6-years-after-taking-incentive-buyout-at-governors-directive/

When considering how Boudreaux successfully milked the system for what would appear to be a less than legitimate financial gain, one has to wonder how she manages to escape the self-serving law and order diligence of Landry and Street.

Or are their efforts to rid the state of official corruption a case study in selective justice?

Posted in Attorney General, Corruption, Ethics, Finances, Fraud, Governor's Office, Politicians, State Police | 17 Comments »

State Trooper files discrimination lawsuit against LSP claiming harassment, selective punishment, promotions

August 31, 2016 by tomaswell

Does systematic racial discrimination as an unspoken policy exist on a widespread basis within the Louisiana Department of Public Safety (DPS)?

If claims contained in a LAWSUIT filed against Louisiana State Police (LSP) in Baton Rouge State District Court are borne out, allegations that include a claim that job openings were not properly posted so as to allow the promotion of pre-selected applicants, the answer would be an unqualified yes.

And what’s more, the silent policy of excluding blacks from promotional opportunities originates in the highest administrative offices of LSP, i.e. those of State Police Superintendent Col. Mike Edmonson, according to the petition filed by 21-year law enforcement veteran Kevin Sulcer.

 Sulcer, a Senior Trooper/Detective, who has been with LSP for the past 12 years, is “the only black Detective at headquarters in the Baton Rouge area,” his petition says. Moreover, he says, there is only one black LSP Detective in New Orleans and the LSP Narcotics and Intelligence Divisions have no black Troopers or Investigators.

“Every black Detective has either left the department or (has) been transferred,” his petition says.

Sulcer is represented by Baton Rouge attorneys Jill Craft and Crystal Bounds.

The claims laid out in Sulcer’s lawsuit, if true, would appear to be yet another in an ever-growing number of allegations of favoritism, mismanagement and poor morale among rank and file State Troopers. 

Sulcer claims he and other black Troopers have been subjected to harsher penalties for minor offenses than have their white counterparts.

As an example, he singled out Lt. Col. Charles Dupuy (Deputy Superintendent/Chief of Staff) who he said forced him to write a 3,000-word essay (reminiscent of Office of Alcohol and Tobacco Control former director Troy Hebert who is currently polling 0% in his bid to succeed U.S. Sen. David Vitter) when he was attending LSP training academy but never required white Cadets to do so.

Besides Dupuy, Sulcer also specifically names Col. Mike Edmonson, his brother and Command Inspector Maj. Paul Edmonson, Dupuy’s wife, Commander Kelly Dupuy (can you say nepotism?), Head of Internal Affairs Maj. Catherine Flinchum, Internal Affairs Commander David McClendon, Internal Affairs Executive Officer Lt. Aaron Marcelle, Master Trooper Kevin Ducote, and Lt. Chris Holmes as being part of a pattern of discriminatory policy within LSP.

Sulcer said in his lawsuit that Holmes berated him because of his race for leaving his vehicle running while he interviewed an inmate. As he left the interview, Sulcer said he noticed another Trooper’s unoccupied vehicle idling. “Col. Edmonson was parked in front of this officer’s unit and did nothing to reprimand him,” the petition says.

The incident prompted an Internal Affairs investigation of what Sulcer says was a “minor infraction” that should have been handled by Sulcer’s supervisor. (This the same Internal Affairs Division that refused to investigate a Trooper’s harassment of a citizen in Lake Charles and which refused to conduct a thorough investigation of a Trooper habitually leaving his shift after only a couple of hours to go home to sleep—until LouisianaVoice drew so much attention to the two cases that IT finally was forced to conduct a superficial investigation.)

Sulcer received a letter of reprimand for leaving his vehicle running and for the encounter with Holmes on Oct. 30, 2015. He filed an official appeal of the letter to Mike Edmonson on Nov. 6, 2015. Edmonson has yet to respond to that appeal, the petition says.

But the most egregious act of discrimination, the petition says, concerns an opening for a polygraph position.

“LSP handpicked a white employee, Donnie Guitreau, to fill the polygraph position,” Sulcer said. But manner in which it was done, if Sulcer is correct, would appear to be a blatant violation of State Civil Service procedures.

“Mr. Guitreau was not qualified for the position (so) LSP sent him to polygraph school before the position opening was posted or formally announced,” the petition says. “After Mr. Guitreau completed the school, LSP then posted the position, leaving him the only ‘qualified’ applicant.”

Sulcer says he has more law enforcement experience than Guitreau. Moreover, he says, Guitreau “has a disciplinary history whereas (Sulcer) does not.”

He also claims that LSP failed to have in force an effective policy regarding racial discrimination/harassment and reprisal/retaliation in the workplace and that LSP has refused to address his complaints.

If LSP’s past history is any indication, reprisals against Sulcer have only just begun (with apologies to Karen and Richard Carpenter).

 

Posted in ATC, Civil Service, Corruption, Ethics, Lawsuits, State Police | 6 Comments »

AG Jeff Landry joins Jindal, legislators in protecting big oil from cleanup responsibilities: follow the money for motives

August 28, 2016 by tomaswell

Cameron, Vermilion, Plaquemines and Jefferson are attempting to accomplish what Southeast Louisiana Flood Protection Authority-East could not: hold oil and gas companies responsible for the destruction of Louisiana’s coastline.

On July 28, Louisiana Attorney General Jeff Landry expressed his “disappointment” that Vermilion Parish had the audacity to file a lawsuit over damages to the parish coastline Vermilion District Attorney Keith Stutes said was caused by drilling activities of several dozen oil and gas companies.

Gov. John Bel Edwards and Landry, in a rare display of political accord, intervened in the lawsuit with Edwards asking the oil and gas industry to settle the litigation and to assist the state in footing the cost of restoring the cost, which is expected to reach tens of millions of dollars over the next half-century. http://www.washingtontimes.com/news/2016/jul/28/vermilion-sues-oil-and-gas-companies-over-coastal-/

Calling lawsuits filed by Cameron and Jefferson parishes as well as Vermilion “counter-intuitive,” Landry said, “We cannot allow these differing and competing interests to push claims which collectively impact the public policy for our coast and our entire state.”

Two weeks later, on Aug. 10, Landry was practically effervescent as he all but took full credit when 24th District Judge Stephen Enright dismissed a similar lawsuit by Jefferson Parish. “I intervened in this lawsuit because I was concerned that the interest of the State of Louisiana may not have been fully represented or protected.

“I accept the court’s ruling because addressing the issues associated with permit violations through the administrative process is a cost-effective, efficient way to resolve any violations,” he said. “That was clearly the purpose of the Legislature creating this regulatory scheme.”

Funny how Landry would choose to use the word scheme.

Scheme, after all, would appear to be appropriate, considering how much money the industry has invested in campaign contributions to Louisiana politicians.

Copy of Campaign Contributions

And there’s certainly no mystery why Landry is so protective of the industry. In fact, he might be described as Jindal 2.0 because of his determination to protect the industry to the detriment of the citizens od Louisiana.

After all, of the $3.3 million Landry received in campaign CONTRIBUTIONS between July 1, 2014 through Dec. 31, 2015 (during his campaign for attorney general), more than $550,000 came from companies and individuals with strong ties to the oil and gas industry.

Moreover, more than $600,000 in campaign contributions to Landry came from out-of-state donors, with many of those, such as Koch Industries ($10,000), one of America’s biggest polluters, also affiliated with the oil and gas industry.

http://www.rollingstone.com/politics/news/inside-the-koch-brothers-toxic-empire-20140924

http://www.forbes.com/sites/christopherhelman/2013/06/10/americas-20-worst-corporate-air-polluters/#10b98e794c70

http://www.greenpeace.org/usa/global-warming/climate-deniers/koch-industries/koch-industries-pollution/

(Koch Industries, by the way, with ties dating back to the right-wing extremist group, The John Birch Society—Fred Koch, Charles and David Koch’s father, was a charter member—has run afoul of federal law on numerous occasions, including fraud charges in connection with oil purchases from Indian reservations.) http://www.corp-research.org/koch_industries

One $5,000 donor, Cox Oil & Gas, was from St. Thomas, Virgin Islands, according to Landry’s campaign finance records. That contribution date was May 20, 2014 but Cox Oil Offshore, LLC, Cox Oil, LLC, and Cox Operating, LLC, all of Dallas, contributed $5,000 each three weeks earlier, on April 28, 2014, those same records show.

Besides the Cox companies, Landry received more than $300,000 from firms and individuals from Texas, many of those from Houston and the surrounding area.

Landry, like Jindal and the bulk of legislators, has sold his soul to an industry that has ravaged our coastline, polluted our land and waterways, and failed to restore property to its original state when operations have concluded, all while reaping record profits and enriching stockholders.

LouisianaVoice has long adhered to the idea that there is far too much money in politics and that most of it comes from special interests. The reality is that citizens have long been removed from the political process.

If you don’t believe that, drop in on a House or Senate committee hearing on some controversial issue. Invariably, the issue will have already been decided by a quiet influx of special interest money and intense lobbying. As you sit and watch and listen to testimony of citizens, pay close attention because you will be the only one besides those testifying who will be doing so.

Watch the committee members. They will be checking emails or texts on their phones, talking and joking among themselves or just milling around, exiting the rear door of the committee room to get coffee—anything but listening to citizens’ concerns. Only on the rarest of occasions could a committee member give you a summation of the testimony.

The only time many legislators really take their jobs seriously is when they are discussing a bill with a lobbyist and that is unfortunate.

Once you’ve heard committee testimony go upstairs to the House or Senate chamber and take a seat in the front row of the spectator gallery. Observe how few of the senators or representatives is actually paying attention to the proceedings. The scene below you will underscore the adage that there are three things one should never see being made: love, sausage, and laws.

And while you’re at it, watch the lobbyists working the room. As you observe the absence of interaction between legislators and average citizens, do the math and deduce the way lawmakers are influenced. You won’t get far before you encounter the old familiar $.

Like him or not (and in Louisiana, it’s fairly accurate to say most don’t though they can’t give you a really sound reason why), President Obama pretty much nailed it when he was running for re-election in 2012.

Jane Mayer, in her excellent book Dark Money, quoted Obama from his speech in Osawatomie, Kansas (the same town where Theodore Roosevelt demanded in 1910 that the government be “freed from the sinister influence or control of special interests”), about the U.S. Supreme Court’s Citizens United decision of 2010 and the ensuing glut of Super PAC money into the political arena:

  • “Inequality distorts our democracy. It gives an outsized voice to the few who can afford high-priced lobbyists and unlimited campaign contributions, and it runs the risk of selling out our democracy to the highest bidder.”

Meanwhile, Landry ramps up his war of words and political ideology with Gov. Edwards (perhaps in an effort to deflect attention away from his own flawed agenda). The most recent salvo was fired last week over the administration’s hiring of former Sen. Larry Bankston, a one-time convicted felon as legal counsel for the State Board of Contractors—never mind the fact that Landry also hired an employee formerly convicted of fraud for the attorney general’s fraud section. http://www.theadvocate.com/baton_rouge/news/article_fe56114c-6ad7-11e6-8e7e-6f06140ad60e.html

It would appear that in Louisiana, the state has long since been sold out to the highest bidder as witnessed by the combined efforts of Jindal, Landry, legislators, and the courts to protect big oil at all costs.

As further evidence of this, consider the words of Gifford Briggs, Vice-President of and lobbyist for the Louisiana Oil and Gas Association (LOGA) in the run-up to the 2015 statewide elections immediately after Landry had indicated he might oppose then incumbent Attorney General Buddy Caldwell.

Asked if LOGA would support Landry, Briggs, the son of LOGA President Donald Briggs, said, “We can’t officially endorse any candidate. Our PAC can, but not us. Having said that, Jeff Landry is looking like a very good candidate for Attorney General.”

 

Posted in Attorney General, Campaign Contributions, Ethics, Governor's Office, House, Senate, Judges, Lawsuits, Legislature, Legislators, Lobbyist, Louisiana Purchase, PACs, Politicians, Public Records, Senate | 10 Comments »

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