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When it comes to financial shell games and political flim-flam, it seems that the two have a lot in common, oftentimes including the same personality mixes whose names keep cropping up. Sometimes those names can materialize like a deadly vapor in proceedings separated by a couple of decades. And somehow, those years and events mysteriously converge to affect the lives of thousands—or millions—of people.

It was in late 1990 that the late John Hays, the cantankerous publisher of the weekly Morning Paper in Ruston began writing stories that raised questions about Towers Financial Corp. and its chairman, one Steven Hoffenberg.

At first, his stories attracted little interest. On paper, as the sportswriters would say, it was a mismatch. Hays, described by NEW YORK TIMES in an April 1993 story as “a hard-drinking, chain-smoking, cowboy-booted newspaper publisher” was pitted against Hoffenberg, who briefly ran The New York Post, eventually taken over by Rupert Murdoch. Hoffenberg owned two jets, a yacht, limousines, mansions, and a Fifth Avenue office. Hays drove an old van well past its prime. It quickly shaped up as an epic battle between a small-town publisher operating on a shoestring and a sophisticated New Yorker who had, it seemed, more money than God.

But investors were getting nervous in the late 1980s and early 1990s. Some of them called Hays who had a penchant for taking on phony investment schemes. Hays, as was his wont, began making calls that piqued the interest of Securities and Exchange Commission investigators as well as state regulators. He had worked with these same regulators in other scams, so he had the credentials necessary to make them sit up and pay attention whenever he called.

Hays even managed to attract the attention of major newspapers like the WASHINGTON POST

Hoffenberg had all the right political connections. He was a business ally of former Texas Gov. John Connally and with a former co-chairman of the Republican National Committee. Other friends in high places included Victoria Reggie, daughter of powerful Crowley Judge Edmund Reggie and the future wife of Sen. Edward Kennedy, New York City Mayor Mario Cuomo, and Mickey Kantor, President Bill Clinton’s trade representative. Heavy hitters, one and all.

Some of his connections, however, tended to hang back in the murky shadows of a darker side of society. https://porkinspolicyreview.com/tag/steven-hoffenberg/

http://gawker.com/501354/exposed-the-leon-black-jeffrey-epstein-connection

http://www.mediaite.com/online/vanity-fair-editor-reportedly-removed-underage-girls-allegations-about-jeffrey-epstein-from-2003-story/

When a Shreveport brokerage firm started peddling high-yielding notes for Towers in 1990, Hays said he immediately wondered “if some fellow up in New York has such a good deal, what would inspire him to come down here to northern Louisiana and make the local people rich?”

He started making calls and writing stories—stories that obviously did not sit well with Hoffenberg.

If Hays was suspicious of Hoffenberg, the feeling was more than mutual. “He’s not a credible person,” Hoffenberg said of Hays. “He runs a newspaper that is full of lies. I have never heard from anybody that John Hays was somebody we should take seriously. I mean, he gives his newspaper away; he throws it on people’s driveways.” Twenty-five years later, one could close his eyes and almost hear Donald Trump talking about another candidate or some reporter covering his campaign.

(Oh, just as a heads-up, keep that Trump comparison in mind. He’ll come up later in this story.)

Hoffenberg was correct in that last statement. Hays did indeed toss about 25,000 free copies a week in the driveways of Lincoln, Union, Bienville, and Jackson parishes.

But Hays also became a national clearinghouse for information between state regulatory agencies. He was credited by Arkansas authorities as providing information to them that allowed them to keep Hoffenberg and Towers Financial Corp. out of that state.

But not all states. Hays began making calls to regulators and learned that Towers was selling notes in states where it had failed to meet registration requirements. Enter the feds. More stories followed.

So, who won the war of words?

Well, Hoffenberg eventually entered a guilty plea to running a $475 million Ponzi scheme, the largest on record until Bernie Madoff dwarfed Hoffenberg’s financial chicanery. In 1997, Hoffenberg was sentenced to 20 years in federal prison for defrauding thousands of investors. http://www.nytimes.com/1997/03/08/business/hoffenberg-gets-20-year-sentence-in-fraud-case.html

His nemesis who he said “runs a newspaper that is full of lies” and a man he said he never heard “from anybody that John Hays was somebody we should take seriously,” was nominated for the Pulitzer Prize.

Someone once said never start a fight with someone who buys ink by the barrel and newsprint by the boxcar. Apparently Hoffenberg wasn’t listening.

The Hoffenberg/Towers Investment saga was the subject of a lengthy abstract by Gene Murray, Ph.D., assistant professor in the Department of Mass Communication at Grambling State University. http://list.msu.edu/cgi-bin/wa?A3=ind9710a&L=AEJMC&E=7BIT&P=1328897&B=–&T=TEXT%2FPLAIN;%20charset=US-ASCII

But let’s fast forward to 2016. John Hays has been dead for a year now, the Morning Paper stopped publication several months before his death when his cancer weakened him to the point he could no longer peddle his ads or chase down a good story.

Hoffenberg couldn’t get out of jail in 1996 because, he said, he was so broke he couldn’t post the $100,000 bail. http://www.nydailynews.com/archives/money/sec-hoffenberg-pay-stay-jail-article-1.730715

Twenty years later, however, he is back in the money—and he wanted everyone to know it. It’s almost enough to make you wonder if he may have had a few dollars stashed safely offshore all that time.

The man who couldn’t make $100,000 bail a couple of decades ago has recently pledged $50 million to his super PAC set up to coordinate a marketing campaign in support of Donald Trump. http://www.washingtonexaminer.com/ponzi-schemer-steven-hoffenberg-pledges-50-million-to-help-trump/article/2593931

Hoffenberg, who professes to be a born-again Christian (funny how prison can do that; just ask Chuck Colson), is also in the business of marketing something called the Christ Credit Card to more than 700,000 registered Christian churches through Towers Financial.

http://whaminc.us/investor-questions-wham-answers

In addition to pledging $50 million of his own money to his super PAC, he also says he intends for his PAC to raise more than $1 billion in support of Trump. http://www.politico.com/story/2016/06/convicted-ponzi-schemer-ill-conduct-50-million-marketing-campaign-for-trump-224350

http://www.washingtonexaminer.com/trump-super-pac-predicts-raising-1-billion/article/2592210

So much for Trump’s claim that he is financing his own campaign—or for Hoffenberg’s earlier claims of poverty.

The announcement by Hoffenberg was the first time he has explained why he founded the Get Our Jobs Back, Inc. PAC back in April. He is listed as treasurer and custodian of records by the Federal Election Commission. http://docquery.fec.gov/cgi-bin/forms/C00616078/1070515/

Could this be déjà vu all over again? Can you imagine someone like Hoffenberg having the ear of a President Trump?

We have only a few random observations to make about this latest development, this unholy alliance between two high-rolling carnival hucksters of dubious trustworthiness:

  • Watch closely how he raises that much campaign cash.
  • Does his credit card scheme figure in the mix?
  • Old habits sometimes can be hard to break.
  • Where is John Hays when we really need him?

Those of us who are sufficiently long in tooth can remember when a pickup game of baseball played on a vacant lot was the common denominator for neighborhood kids. Talent was of little consequence and the games were played sans adult supervision long before formal teams were sponsored in some league by the local drug store or hardware. We did our own umpiring, thank you very much, and the tie did go to the runner and 99 foul balls and you were out (though no one ever came close to 99 foul balls).

Those games, played before television, video games and all the other distractions that now demand kids’ attention, ranked right up there with skinny dipping in a nearby creek as our pastime of choice during those lazy north Louisiana summers when we really were out of school for a full three months. The new school year never started until after Labor Day.

I was reminded of all this during a recent visit with an old friend I hadn’t seen since I attended Cook Baptist Church as a teenager back in the ‘50s and ‘60s. Our visit, far too brief, gave me pause to reminisce about those wonderful days so long ago and to long for those endless, carefree days once more.

As I type this, a Cinderella team from Coastal Carolina has just defeated Florida, the number-one team in the nation, in the College World Series in Omaha by a razor-thin 2-1 score. LSU might have been the one playing Florida had the Tigers not had the misfortune of running smack into that same very fine, well-coached, and classy Coastal Carolina Chanticleer team (a chanticleer is a bad-ass rooster, we’re told).

I love baseball and I was thrilled to see my Louisiana Tech Bulldogs have a banner year after all the years of frustration and losing records. I was equally dismayed to see Alabama steal our coach but in reality, Tech has been a stepping stone in recent years for coaches on the way up, so it was probably a foregone conclusion that it was going happen. But it came so soon—after only the second year of Greg Goff’s tenure.

I can never watch baseball without thinking of my opportunity to make friends and win a few games with a sandlot team in Ruston. For a full decade, I owned and “managed” the Ruston Ramblers in the old North Central League. My “managing” basically consisted of filling out a lineup card, keeping the scorebook and convincing myself I was adequate at coaching third base. In reality, my players were veterans of high school American Legion or college baseball and knew a lot more about the game’s nuances than I but they tolerated my general ignorance of the game’s finer points and allowed me to continue under the delusion that I was actually contributing.

We won far more games than we lost but again, that point is attributable to the players, not me. Players like Rennie Howard, Curt, Cecil and Steve Barham, Jack Thigpen, Rodney Schaffer, Glenn Trammell, Stevie Blackstock, Wayne Baxter, Reg Cassibry, Gene Smith, Gene Colvin, Woody Cooper, Gary Crawford, Dean Dick, Bill Duncan, and Randall Fallin among others too numerous to name.

For my part, I own a league record that will never be broken because the league has long since disbanded. I recorded 28 consecutive strikeouts—as a hitter—before finally getting a hit that, believe it or not, drove in the winning run in a game against the first-place Arcadia Aces and Emmett Woodard, a constant thorn in our side in that the Aces beat us every year for the league championship. We won only one championship and that was against Bob Price’s Simsboro team in 1968—and I wasn’t even there for the event; I was on my honeymoon and Jack Thigpen coached the team to the win.

We had a lot of ups and down. Gene Smith once pitched a no-hitter into the 10th inning only to have me lose the game on two consecutive errors at Magnolia, Arkansas. On both occasions, I mishandled ground ball singles in centerfield that allowed the winning run to move up two bases and ultimately, to score for Magnolia’s 3-2 win.

Our first year of existence, we were a rag-tag bunch that, if memory serves, didn’t win a single game but we had fun. We had a catcher, Jug Martin, who caught while barefoot. We had another catcher a few years later, Butch Bryant, who batted with his shin guards on. He wasn’t very fast down the line anyway, so it probably didn’t matter.

We had a couple of pitchers that are worth remembering—not for their ability, God knows. One, we knew only as Early Wynn. It was not the Early Wynn who pitched for the Washington Senators, Cleveland Indians and Chicago White Sox over a 23-year major league career but one who, after walking the third consecutive batter on just 12 pitches (that’s right, he didn’t throw a single strike) got the ball back from the catcher and tried to slam the ball into his glove in frustration—and missed, the ball bouncing on the infield grass.

Another pitcher, we knew only as Rusty Staub. Again, not the red-headed Houston Astros, New York Mets, Montreal Expos—known there as “Le Grand Orange”— player who hailed from New Orleans. Our Rusty Staub gained his name by virtue of his showing up one day wearing a Houston Astros cap. I knew he didn’t have much by way of talent but I put him in one game that we obviously weren’t going to win and he nearly killed outstanding catcher Wayne Baxter with one wild pitch after another. At one point, as he chased down yet another wile pitch, Baxter was heard to mutter, “I’m gonna kill Aswell.”

The best play ever was when Jack Thigpen pulled an unassisted triple play. I don’t remember the opponent, but they had runners on first and second with no outs when they put on the hit and run. With a left-handed hitter, shortstop Thigpen moved over to cover second on the steal and as luck would have it, the batter hit a line drive right over second. Jack went airborne, speared the ball for the first out, landed on second, doubling off the runner going from second to third and reached down and tagged the runner from first as he slid into second, apparently unaware of where the ball was.

Jack, a light-hitting player, hit two triples and drove in all three runs in another 3-2 win in an exhibition game against a far superior team comprised mostly of stellar Grambling College players the same year that Grambling went to the NAIA playoffs behind Ralph Garr who hit something like .582 his senior year. Thankfully, he had already signed with the Atlanta Braves before that game and didn’t participate.

Back to my game-winning hit. I came up in the top of the ninth at Arcadia and with a runner on third, lined an improbable single. The runner at third was so stunned he nearly forgot to run. In the bottom of the ninth, I promptly allowed a leadoff triple over my head in left field. Now the Aces had the tying run on third with no outs. Pitcher Bill Duncan, who could play any position and who once while catching, picked a runner off second without ever coming out of his crouch, called out the catcher and said, “Nothing but fast balls.”

Nine fast balls latter, the last of three consecutive batters struck out swinging and we had a rare win over Arcadia.

We also played a classic game against Arcadia in Ruston. With no score in the bottom of the seventh, Thigpen scored what was apparently the game’s first run but an appeal resulted in his being called out for missing third. So we went to the 11th and Arcadia scored two runs. We answered by scratching out two of our own in the bottom of the 11th and the game went to the 17th inning before Rennie Howard stole home for another of those 3-2 wins.

The Downsville team had a badly overweight left-handed first baseman but he could really hit. No, he could really crush the ball. Once, at Downsville, first baseman Howard and our right fielder conspired to take advantage of the player’s obvious lack of speed. Sure enough, he scorched an apparent single to right field that reached the right fielder on one hop. He fielded the ball and threw a perfect strike first to get the runner by a good 20 feet.

That same player, who had a volatile temper, by the way, came to bat in a key situation in a game at Ruston. The tying run was at second and the lead run at first late in the game when he came to bat with two out. He took a mighty swing and hit a puny pop-up to the infield. He uttered a loud profanity and heaved his bat over the first base dugout—right through the windshield of his own VW Beetle. No one in our dugout dared laugh.

Why am I writing all this? Because on Saturday (June 18), I had that aforementioned visit at the home of Billy Jack Price in Ruston. Price is 83 now and in the course of our visit, he said he had something he wanted me to read. It was his personal notes about his love for and memories of “cow pasture” baseball in the late 1930s and early 1940s in Antioch, a community just north of the Lincoln Parish town of Simsboro.

Told through the eyes of a child of seven or eight years old (his estimated age at the time), I found it fascinating and extremely accurate—and it reminded me of the reason baseball was invented in the first place.

Back then, there was no pressure to win, no endorsements, no high salaries, and no batting gloves to be adjusted by the batter after each pitch. At times, umpires were recruited from the stands. A “ringer” was a player who showed up in an actual uniform from a big city like Ruston. The objective was to win, of course, but to have fun in the process.

Billy Jack Price names actual participants and the name Price pops up on the list. The most prominent is that of Bruce Price, father of the aforementioned Bob Price who later coached that Simsboro team against whom we competed. (By the time I came along, Bob was in his 50s but when he batted, we could never seem to get him out. He choked up on the bat and just drove us crazy hitting his dinky line drive singles just over the second baseman’s head.)

Bob’s father was Bruce Price who, in an exhibition game against the New York Yankees in Shreveport, once struck out Babe Ruth—not once, not twice, but three times, according to local legend. Ruth is said to have refused to bat against a fourth time, so Price was pulled and Ruth promptly hit a home run.

Billy Jack Price said his father and Bruce Price were not related but did marry sisters, which makes him a first cousin to the late Bob Price. Here then, is Billy Jack Price’s personal story of growing up with “cow pasture” baseball scheduled around milking and harvesting crops:

 

            In compiling thoughts on the Dring family, it invariably turns to recreation. Memories of a person who was young and impressionable tend to remember those things that he loved best from our youth. Set hook fishing, trips to chinquapin trees (a blight came through a few decades ago and wiped out the tree, which bore a nut that resembled a hazelnut but which tasted far better), watermelon in the early morning all come to mind.

            Nothing for the Dring family, however, was more embedded as the game of baseball. Beginning with the Drings from the early days at Antioch, came nearly 20 years of active participation in the game we came to know in the “cow pasture” field.

            Kate Trussell’s pasture on the north side of the road between her store and the Dring home was more than adequate. Cows were run off, only to often return to view the sport and to add irregular “bases” around the outfield, but no one minded. We were, after all, farm boys.

The Field

            Bordered by woods in the outfield, the road on the south and the Old Skinner Road on the east, the field roughly resembled the city slicker fields in Ruston, Simsboro and Dubach. The outfield was wide open and if an outfield caught the ball among the trees, you were out just as if it was caught in the clear area. Charlie Dring was well known for his ability to hit the ball over the trees and many other players could reach the trees with their blasts.

            There was no artificial turf on the infield but if time permitted the cow droppings were removed and the infield smooth down as much as possible with yard rakes.

The Backstop

            Four sweetgum saplings embedded into the ground had chicken wire stretched over them to form the backstop. Sometimes the wire held together as long as two years but usually it was replaced if the “collection” from passing the hat among the spectators yielded enough after the ball and bat were purchased.

The Bases

            Crocker sacks (horse feed sacks) half-filled with dirt created a usable base that would stay put. In fact, when a hard slide occurred, the bases didn’t yield so strong ankles were essential.

The Ball

            Practice balls were usually heavily-taped remains from a demolished baseball and only on game day did a new ball materialize. That was ball, as in singular—not the several dozen that are used in games today. Whoever went to Ruston during game week was charged with the responsibility of buying a game ball for the Saturday game. (To this day, I love the feel of a new baseball.) This ball was inserted into the big game—and all games were big. If fouled off, the game simply ground to a halt until the ball was found. By the end of the game, it was pretty well used. For one July 4th tournament, funds were found for three new balls. This unprecedented show of prosperity was unheard of.

            I don’t think we had a “store-bought” bat that was not broken, nailed, taped and used until is literally broke completely into two pieces and sometimes, even the stub was used. The standby was the home-made bats that Grandpa carved from an ash log. I don’t know who he thought he was making them for, but they were very long (the best guess is 42 inches, much longer than the traditional bat of 33-34 inches in length) and very heavy. After a certain time, these bats had a tendency to warp rather badly. Bruce Price explained to me that the crooked bat was for hitting a curve ball—and I, of course, believed him. Those bats did not break and the theory was that not one play in a thousand playing today could even swing them.

The Uniform

            There were none.

            The typical team would be dressed in work overalls, khakis that were badly worn, shirts that were threadbare, perhaps a cap that was handed down through the years, and shoes of choice—brogans (work shoes), Sunday shoes that were badly worn or, in most cases, no shoes. Dick Dring always caught and he wore his work shoes behind the plate and removed them while batting and running the bases.

            On occasion, a “hot shot” player would show up with a pair of baseball shoes with steel spikes. These spikes, usually filed to a knife’s edge, were the biggest origin of discord in a game. Sliding and spiking an opponent usually brought on strong words and, on rare occasions, blows until calmer heads prevailed. Few of these “hot shot” players returned to the Antioch field a second time.

Home Plate

            Take three pieces of 2 X 8 about 20 inches in length and overlay with three more pieces of same size and nail thoroughly. Embed about two inches into the ground and you had home plate. Will it skin you when you slide? Yes. Will it give you stone bruises if you jump on it? Yes. Will the ball bounce sky-high when fouled onto it? Yes. After countless at-bats, a hole sometimes six inches in depth was created on either side of the plate. This forced the umpire to make allowances for short batters whose strike stones were drastically affected when they stood in the holes.

Pitcher’s Mound and Pitcher’s Rubber

            Wheelbarrows loaded with dirt were utilized to raise the pitcher’s mound about nine inches above the playing field. This height, of course, could be adjusted to meet the requirements of the home team pitcher. The visiting pitcher never liked it.

            The rubber, consisting of a section of 600 X 16 tire 24 inches long was held down by spikes driven into the ground. One of the saddest sights I can remember of the Trussell field was the rotting home plate and the pitcher’s rubber still in place with grass, weeds and bushes around both.

Foul Lines

            The foul lines were not chalked off but were determined solely by the umpire and half the players. This, of course, resulted in many arguments. An honest catcher was in the best position to make the determination and Dick Dring was considered honest and always called them fairly for both sides—unless the game was close.

Home Runs

If the ball was hit fairly and the runner rounded all the bases safely without stopping, it was considered a home run whether it was a long fly ball hit over the outfielders’ heads or a sharp grounder through the infield that no one could flag down. Even missed pop-ups could turn into a home run. Doc Skinner and Charlie Dring were long ball hitters but Snooks Dring and Bruce Price were likely to just keep running on a routine ball just to “make something happen.” A couple of errors, an unlikely encounter between the ball and a fresh cow chip or a little assistance from an umpire could produce a home run.

Financing

            It takes money to run a club. The hat was usually passed around at games and on one occasion a spectator actually dropped a dollar bill in without asking for change. This would purchase a ball for the next game and if anything was left, perhaps a store-bought bat.

Concessions

            For the big games, there was always a concession stand consisting of several number-two wash tubs filled with iced-down Coca-Colas, big oranges and 7-Ups. Occasionally there would be a few Grapettes. Grapettes were the drink of choice for most who tried them but the bottle was so small that most would not spend their nickels for them when the larger drinks would last longer. Funds from the concessions went into the fund for purchasing equipment for the team.

Team Structure

            Three or four Drings, a couple of Prices, some Skinners, and a fill-in or two usually made up the Antioch team. Strictly from memory, as I was quite young, here is the lineup for a big game:

Zane Skinner (shortstop)

Freddy Price (second base)

Snooks Dring (third base)

Charlie Dring (centerfield)

Towdy Dring (first base)

Doe Skinner (left field)

Dick Dring (catcher)

Whoever was available or some young ‘un like Bob Price (right field)

Bruce Price (pitcher)

            The lineup changed often because it was never a certainty as to who would be finished plowing by game time and it was never really very clear who the coach/manager was. Milton Methvin, Bunk Price, Bud Smith, Alva Dring, Earl Turner and several others were always ready to offer lineup advice.

Catching Equipment

            Some way, somehow, the team had managed to secure a mask and a chest protector for the catcher and a mitt also existed. How any catcher avoided being hurt with that antiquated equipment remains a mystery but my awe for Dick Dring led me to a 15-year career as a catcher in Little League, high school, American Legion, some college, the military and semi-pro.

The Umpires

            Generally, the umpire was Dude Smith or Earl Turner and if both were present, both called the game. The balls and strikes umpire stood behind the pitcher and if necessary called both balls and strikes and the bases. The umpire was often the center of attention and Dude Smith could be very colorful with his duties. (Dude Smith was the father of Gene Smith, who played for Simsboro High School, American Legion, Louisiana Tech and the Ruston Ramblers.) While there were arguments a-plenty, most of it was in good, clean fun. Occasionally, some hothead would go too far but cooler heads quickly prevailed.

The Dugout

            Homemade 2 X 12 benches or a log hauled from the woods served as the dugouts for the teams. It was a thrill for me, at seven or eight years old, to be allowed to sit on the bench with the players. Being allowed to take a dipper of water from the water bucket was a bonus

Ringers, Hot Dog Players and City Slickers

            Anyone living in town was a city slicker and immediately branded as such when he appeared to play at Antioch Field. Ragging from players and fans alike was the price one paid for driving over from Ruston. If that player happened to show up in a uniform, the baiting was ramped up considerably. Bruce, Snooks and the others ragged a player from Ruston unmercifully and when the game was over, they thanked him for coming and invited him back.

Bruce Price Curveball

            Yes, Bruce struck Babe Ruth out! Probably once but with each passing decade as the story was repeated, it became twice, then three times and sometimes even more. I can’t vouch for even one but I do know I’ve seen a lot of curve balls and was struck out by some of the best but I have never caught a pitcher who had a Bruce Price curve ball nor have I ever faced a pitcher who had such a devastating pitch as his curve.

July 4th Tournament

            Three or four teams would gather at the Trussell Field on July 4th and several games would be played. Brush arbors were built for the fans to sit under. Food and drinks were available and it was a community holiday the likes of which we don’t see any more. Goose Creek, Ansley, Simsboro, Hico, and other local communities had teams and each had a certain following of fans, family, kids, so the tournament usually brought a pretty good crowd.

            In the Dring family, the farming duties always—without exception—came ahead of ball playing. If the cotton needed plowing, it was plowed before there was any baseball. If a fence was down, it was mended.

            But that was how it was played when I was a kid. The competition and the good fellowship the game provided dictated that the game was recreation, not win at all costs.

            After plowing five days, a good baseball game was relaxing and served as a diversion from the toil and boredom of back-breaking work as we emerged from the Great Depression. Some aspects may seem rural and funny to the sophisticated baseball aficionado.

            But this was a coming together of friends, communities and players for the sole purpose of visiting and sport.

            It was fun.

 

By Robert Burns

After Louisiana’s FYE books were closed on June 30, 2013, the Jindal administration touted the fact that 2,340 hospital employees had been laid off during that fiscal year. Nevertheless, one hospital, the Huey P. Long Hospital in Pineville, was proving particularly vexing for Jindal’s administration.

With much fanfare, Jindal’s folks called a news conference to announce that the hospital’s operations would be transferred to England Airpark with an estimated $30 million required to renovate the facility which was closed in the early 1990s. The money was said to come from $5 million pledged by the England facility and the remainder from state-issued capital outlay bonds issued during FYE ’13.

Despite all of the hoopla associated with the announcement of the transfer, the proposal ended up fizzling out, and Jindal’s administration had to conjure up a “Plan B.”

That turned out to be another iteration of the public/private partnerships for which the Jindal administration essentially could have qualified for a patent on crafting such arrangements. In this instance, the public/private partnership would entail Rapides Regional Medical Center and Christus St. Frances Cabrini Hospital taking over much of the workload of Huey P. Long.

Of course, the whole proposal had the

gnawing obstacle that it needed approval from those darn folks at the Legislature, and that’s where things got interesting.

To accomplish the goal, Senator Gerald Long obediently introduced

Senate Concurrent Resolution (SCR) 48 in the regular session of the 2014 Legislative Session. On March 31, 2014, the Senate Committee posted an agenda for its meeting of April 2, 2014; however, that agenda was devoid of any reference to SCR-48.

On April 1, 2014 at 4:07 p.m., a revised agenda was posted in which SCR

-48 was posted and itemized to include a notation entailing its subject matter: “creating a new model of health care delivery in the Alexandria and Pineville area.” Amendments were added to SCR-48, and it ultimately passed both the House (66-28) and Senate (26-11).

Baton Rouge attorney Arthur Smith, III,

filed litigation on behalf of affected employees of the hospital and others alleging violations of Senate Rules of Order 13.73 and 13.75.

Also alleged was a violation of Louisiana’s Open Meetings Laws

, and relief was sought to have SCR-48 declared null and void (a relief available under Louisiana’s Open Meetings laws) based on that violation and also an assertion that SCR-48 was unconstitutional. A preliminary injunction was also sought to block the closure of the hospital with the ultimate goal of obtaining a permanent injunction.

The trial court granted the preliminary injunction, but it simultaneously suspended enforcement of the

preliminary injunction upon the defendants (the Louisiana Senate, LSU, and the State of Louisiana) perfecting an appeal.

It was initially believed that the Louisiana Supreme Court (LSC) would decide the matter because of the issue raised of the constitutionality of SCR

-48. However, the Supreme Court quickly refused to hear the matter in stating that it was “not properly before this Court.” The Supremes (no, not the singing Supremes) elaborated by ruling that it could consider only matters which had been declared unconstitutional in a court of law.

Since the trial court’s reasons for judgment only made reference to the

potential unconstitutionality of SCR-48 without making a definitive declaration that it was unconstitutional, the Supreme Court denied writs.

Meanwhile, the hospital was closed, and Smith took his case to the First Circuit Court of Appeal. That appeal was dismissed based

upon the fact there was no active injunction to prevent the hospital from being closed. That was the case because, expecting (wrongly) the Supreme Court to rule on the matter, Judge Robert Downing suspended the preliminary injunction. With no injunction in place to prevent the closure, the hospital was padlocked.

The First Circuit issued its decision on September 15, 2015. That ruling notwithstanding, the

declaratory judgment aspect of the lawsuit could proceed forward, and that led to a hearing in 19th JDC Judge Don Johnson’s courtroom on Monday, June 13, 2016.

During that hearing, much of what has been elaborated above was rehashed, but then co-counsel for the day’s proceedings, Chris Roy, Sr., of Alexandria, took center stage and converted what had been basically a snooze fest into a fireworks display.

Prior to Roy beginning testimony, Judge Johnson interjected a few points of his own into the arguments. First, Johnson indicated that, while he was a student at Southern University, he experienced a significant health issue and went to Baton Rouge’s local charity hospital

, Earl K. Long, and he said, “I sure was glad it was there to treat me.”

Earl K. Long was also shut down by the Jindal administration and subsequently demolished. Emergency room treatment of indigent patients was initially taken over by Baton Rouge General Midtown. But Baton Rouge General closed its emergency room more than a year ago. That forced low-income charity patients in the northern part of East Baton Rouge Parish to travel a much further distance to Our Lady of the Lake Medical Center in South Baton Rouge for treatment. That point was not lost on attorneys for the defendants who claimed that care would continue to be provided for the underprivileged, but such care would simply now take place under the new public/private venture.

Roy said that the closure of the

Huey Long Charity Hospital caused an enormous level of anxiety among the community’s population and also with the employees of the hospital. Johnson acknowledged that fact and said, “I’m aware of that fact. They didn’t like it at all.” Roy stressed that “125 employees lost their jobs and $11 million in wages were lost as a result of this episode.”

Roy focused most of his arguments on the fact that, contrary to defense attorney claims, the whole issue

of SCR-48 is not now “moot.” He emphasized that ordinary citizens are provided with only one mechanism for making their sentiments known about proposed legislation and that is through “showing up and testifying at committees and subcommittees of the Legislature.”

Roy then rhetorically asked how they were supposed to do that w

hen the Senate would engage in such a “flat-out violation” of posting an addition to the agenda at 4:07 p.m. the day before a hearing when the clearly-established deadline was 1 p.m. for such an addition. Roy then stressed his age, and even poked fun at the relative youth of one of his opposing counselors (who appeared to be in his late 20s at most), in indicating that he, Roy, was one of the participants in the formation of the present Louisiana Constitution.

Roy said, “One of our main objectives was to try and make everything as transparent as possible because there had been a prior governor, whom I won’t reference by name (a thinly veiled reference to Huey Long), who sought to keep the public from knowing

anything that was transpiring.” The irony of the subject matter of the suit being the closing of a hospital named for him seemed not to be lost on anybody in the room.

“Your Honor,” Roy continued, “the Senate basically said ‘to hell with the Constitution. We are the Senate of the State of Louisiana, and we decide what we will do and won’t do.’” Roy then emphasized that opposing counsel could not simply argue that the whole matter was “moot,” and assert a defense along the lines of “we won’t do it again.” Roy then emphasized that Louisiana Senate President John Alario is a good man with integrity and a close personal friend of his, but he then asserted that what Alario allowed to transpire in this instance was just “wrong.”

The State sought the granting of a Motion for Summary Judgment (MSJ) to dismiss the case, and the plaintiffs sought the granting of an MSJ declaring SCR-48 to be null and void. In the battle of the MSJs, Johnson ruled in favor of the plaintiffs: “SCR-48 of the 2014 Regular Session is declared to be Null and Void. The Plaintiff’s may seek attorney fees, costs, and expenses through post-hearing motion. The Joint Motion for Summary Judgment filed by defendants is denied.”

Now all that remains to be seen is whether the state will have to pay salaries and benefits retroactive to the hospital’s closing date to those 125 employees (the amount given was $11 million saved by closing the facility) or if there will be yet another appeal of a 19th JDC judge’s ruling to the First Circuit.

The smart money is on an appeal.

By Robert Burns

With all parties acknowledging the need for an affirmation of her ruling Monday (June 13, 2016) by the First Circuit Court of Appeal, 19th JDC Judge Janice Clark denied multiple exceptions filed by the Louisiana State Office of Group Benefits (OGB) in response to a lawsuit filed by six retired state employees.

The lawsuit alleges that OGB, which provides health insurance coverage to nearly a quarter of a million state workers, teachers, retirees, and dependents, didn’t follow proper approval procedures calling for prior notice and public comment on significant changes to their health insurance coverage.

Winston DeCuir, Sr., who claimed in oral arguments before Judge Clark that the lawsuit was “moot,” explained that in June 2014, significant changes began to come under consideration for OGB benefits.

When an uproar began that the contemplated changes had not followed proper procedures, former Louisiana Attorney General James D. “Buddy” Caldwell’s Office issued a ruling on September 23, 2014 that, in fact, the rule-making process had been circumvented.

Pursuant to Caldwell’s ruling, DeCuir said, OGB sought an “emergency rule” to take effect because of the urgency of the situation. When Judge Clark inquired, “What triggered the need for the emergency rule?” DeCuir responded that the rapidly-shrinking balance in the reserve fund prompted OGB actuaries to say something had to be done as soon as possible.

DeCuir indicated that genuine concerns existed that, if the rate of decline wasn’t slowed, the system could literally deplete its reserve balance and be left with no funds with which to pay claims. He neglected to say the reserve fund was drawn down from its one-time high of $500 million by the reckless fiscal policies of the Bobby Jindal administration.

DeCuir explained that because of the looming impact the rule change would have on those covered by OGB benefits, on November 23, 2014, OGB issued the emergency rule but also provided simultaneous guidance entailing the additional costs to those covered.

He indicated that some costs would continue to be reimbursed until September 30, 2014 rather than August 1, 2014 as was originally planned.  He also emphasized that full implementation of the changes would not transpire until March 1, 2015 rather than January 1, 2015.

DeCuir noted that the final rule entailing full implementation was implemented on February 20, 2015 to replace the emergency rule. He said that with the required 180-day timeframe for going through normal procedures for rule changes, together with another 180 days to actually implement the changes, OGB’s reserves would have run a very serious risk of being fully depleted before the effects of the changes could take hold.

DeCuir said a public hearing was held on the changes but was “very, very poorly attended.”  He added, “In fact, I don’t know if any of Art’s (Smith, counsel for plaintiffs) clients were even present for the hearing.” Arthur Smith, III, dismissed the hearing as a “sham” designed to accomplish nothing but “window dressing with everything already done.”

Smith then focused his arguments on Jindal’s administration having “drained” OGB’s reserve balances. That statement prompted a sharp retort by DeCuir who said, “That statement simply is not accurate. There was not one dime transferred out of OGB’s reserves to the general fund. What transpired is that premiums charged to members declined. That, in turn, resulted in a decline in the State of Louisiana’s match in that it covers 75 percent of the cost of the coverage.  That is what caused the reserves to decline.”

Judge Clark then asked for reiteration of the fact that no funds were swept from OGB’s reserves to the general fund. Both DeCuir and Michael Adams, another defense attorney representing OGB, were emphatic in stating no such sweeps transpired.

What actually occurred was this: the administration lowered premiums so that its own 75 percent match would be reduced and the money saved from that maneuver was then used to cover some of the recurring budgetary shortfalls experienced by Jindal and a sadly incompetent but compliant Legislature for eight straight years. The decline in premiums, Mr. DeCuir, was not caused by fewer covered employees but by the clumsy shell game perpetrated by Jindal and Co. That statement, Mr. DeCuir, is accurate.

DeCuir indicated to Judge Clark that the plaintiffs may not be happy if they get what they’re ultimately seeking with their lawsuit. He explained that it’s conceivable that plaintiffs could end up owing OGB significant premium dollars if the plaintiffs do in fact ultimately prevail.

In making her ruling, Judge Clark stated: “The Court is of the opinion that plaintiffs have stated a valid cause of action within the four corners of the document.  It’s time for this matter to be presented to the First Circuit, which I understand is now returning from Sandestin, so that these plaintiffs can know whether they can move forward with their claim or have it drained.”

Adams then inquired about the prospect for him to assert Exceptions for Prematurity and Subject Matter Jurisdiction. Clark said that the Exception of Prematurity was too “intertwined” with DeCuir’s exception and therefore denied that exception as part of the day’s proceedings.  When DeCuir inquired if he could reassert the Exception of Subject Matter Jurisdiction, Clark indicated he could “have another bite at the apple, but it needs to be quick.”

Smith wrapped up the proceedings by inquiring about a Motion to Compel he’d previously filed, but Clark said, “Surely that matter can be resolved between the parties.” Adams then indicated that Smith had modified his discovery requests to make it far more narrow and that he believed that a mere meeting between him and Smith ought to be able to negate the need for any hearing on a Motion to Compel.

Adams said after the day’s hearing that he would appeal Clark’s ruling to the First Circuit Court of Appeal.

Judge Clark said if the whole matter proceeds to trial, “It will be a challenge to keep the jurors awake when all those actuaries start testifying.”

MAGNIFYING GLASS

By Ken Booth

Guest Columnist 

Under the provisions of Louisiana 44:1 et seq. (The Public Records Law), should any local or state government official raise questions as to whether requested records are public, the agency’s custodian of public documents is required to notify in writing the person making the request of the custodian’s determination and the reasons, including the legal basis. Said notice shall be made within three days of the request exclusive of Saturdays, Sundays, and legal holidays (emphasis added).

The law is pretty plain. It doesn’t say “may be made,” “might be made” or “should be made” within three days. The word used was shall.

MIKE EDMONSON PHOTO

But with the introduction of the new administration, elected and appointed officials in Louisiana seem to have decided they are exempt from provisions of the state law…one of them, the head of the State Police, of all people, even having “manufactured…own loophole for denying public records requests,” as reported by Louisiana Voice. https://louisianavoice.com/2016/06/01/lsp-stakes-out-claim-that-investigations-records-are-exempt-from-public-records-law-if-no-disciplinary-action-is-taken/

Are they perhaps taking their cues from federal officials?  Within the past week, for instance, the State Department told a federal court that processing a demand for documents relating to Hillary Clinton and her aides would take as long as 75 years and would stretch “generations.”

Besides Obama, of course, Nixon, both Bushes and Bill Clinton have regularly invoked executive privilege as a means of protecting documents from public scrutiny.

What brings this to mind are a series of demands for public records recently involving three areas of significant public interest but which have either gone unacknowledged or denied or even fought with lawsuits against the public seeking the records.  That’s a mean stretch even by Louisiana’s political and corruption standards.

When the weekly Ouachita Citizen sought to follow-up on a state audit that pointed to possible payroll fraud involving a law clerk for the 4th Judicial District Court, the court’s judges balked and denied the paper’s request for disciplinary action taken against court clerk Allyson Campbell over her alleged falsification of time sheets and other public documents.

When the newspaper filed a complaint with the District Attorney, the court filed a lawsuit against the newspaper which from a financial standpoint would effectively throttle further attempts to litigate the issue.

The paper has multiple public requests in at the office of state Attorney-General Jeff Landry which have for weeks gone unanswered.

Similarly, a couple of my own requests (shown here) to the new “transparency-minded” and “aggressive” Republican Attorney-General remain without result except for one letter which said it “may take some time.”

In a June 7th E-mail to Landry’s office, I wrote: “I would very much appreciate either the documents requested sixteen days ago or an opinion from that office on why they cannot be produced. Please know this is a public records request that will not go away silently.”

Landry’s press secretary Ruth Wisher has made sure that reporters know that her boss doesn’t always return her texts. Well, that certainly makes everything hunky-dory.

BOOTH REQUEST

AG RESPONSE TO BOOTH

BOOTH FOLLOW UP REQUEST
           Known records requests to the AG’s office also demand access to a state police report on its investigation into the allegations of possible payroll fraud and destruction or concealment of court documents. A report on the findings from a companion investigation by the Inspector General’s office was released back on April 15th. The state police report is known to be in the hands of the Attorney General.

All of this is at odds with the very public Landry who has been throwing his weight around the capitol lately pushing for control of his agency’s own finances, making national headlines while trying unsuccessfully to crack down on illegal aliens, and squaring off (at least publicly) with the Gov. John Bel Edwards as if he hopes to succeed him some day.

But Landry and the 4th Judicial District Court in Ouachita Parish are not the only ones playing keep-away with public records.

LouisianaVoice has been repeatedly stymied by the Louisiana State Police with respect to sought after records.

In fact, as a recent LouisianaVoice post notes, Edmonson has manufactured his own loophole for denying public records requests after tiring, he suggests, of the public learning of “far too many instances of misconduct at LSP followed by a mindset of circling the wagons.”

Several high-profile cases of alleged improper State Trooper conduct have been determined to have been free of wrong doing and are therefore exempt  from public records laws if no diciplinary action is taken. That’s staking out a rather questionable claim by the Supertindent.

Curiously, however, his agency did release records showing payroll fraud had occurred at Troop D headquartered in Lake Charles when the lieutenant there was accused of having instructed the men under his command to pad their time sheets to reflect work that had not been performed.

Ironically, that’s the same charge investigated by the same LSP against the law clerk in Ouachita Parish, the report of which has been hidden from public scrutiny even amid growing speculation nothing will come of the charges against her or the Judges who approved her bogus time sheets. It should be noted that the Troop D lieutenant was found to have engaged in “no wrong doing” and access to any investigation findings with respect to him has been denied. However, a trooper he supervised and who figured in the padded time sheets was fired.

The Superintendent of the Louisiana State Police is appointed by the Governor with consent of the State Senate. Edmonson had—and continues to have—the support of Gov. Edwards.

Edwards is also credited with preserving through his influence, at least indirectly, the job of another Jindal administration hold-over department head, Education Superintendent John White. While White actually is appointed by the Board of Elementary and Secondary Education over which the governor has little control since most board members are elected, his stated support of White certainly didn’t hurt.

JOHN WHITE PHOTO

White, a 2012 BESE appointee, has been under considerable public fire over his steadfast defense of the Common Core program.

White has filed a lawsuit against two individuals seeking public records in five different requests from the Department of Education, presumably to block their access to dirty laundry in that agency as might be said of the lawsuit by the Judges in Monroe against The Ouachita Citizen.

Even considering Louisiana’s notorius reputation for politial scandals, suing private citizens or even the news media by government agencies has plunged the state’s standards to a new low.

As has been pointed out elsewhere the use of unlimited financial and legal resources—all paid for by the taxpayers—to block citizens with limited financial means is a dangerous threat to the very notion of checks and balances that are supposed to protect the public from abuse.

For those elected Louisiana officials to sit back and do nothing to put a stop to this unprecedented assault on the public’s right-to-know is pretty much tantamount to an endorsement of such actions.

And if the civilian public looks the other way when this kind of mess is exposed and doesn’t demand that it stop then expect the level of distrust to grow.