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John White follows 4th JDC judges in suing Baton Rouge citizens over access to LDOE records; is this a new trend?

June 2, 2016 by tomaswell

It seems that certain state officials are finding a new means of discouraging Louisiana citizens from seeking information about the way the public’s business is being conducted. This new tactic is nothing less than a form of official harassment that is both chilling and dangerous.

Transparency and accountability in government are currently hot news topics. Last week (May 26), a local Baton Rouge group, Leaders with Vision, held a lunch meeting and discussion with the theme, “Are Louisiana Sunshine Laws adequate in today’s 21st Century World?” Participants included Sen. Dan Claitor; Rep. Dee Richard; Former Baton Rouge Advocate Executive Editor and transparency advocate Carl Redman and LouisianaVoice Editor Tom Aswell.

Both the state and the federal government recognize the need for transparency in the democratic process. Louisiana passed the Louisiana Public Records Act, also known as Louisiana’s Sunshine Law, in 1940 – more than 25 years before President Lyndon Johnson signed the federal Freedom of Information Act (FOIA) in 1966. Anyone can request public records and the purpose of the request does not need to be stated. In fact, the custodian of the record is not allowed to ask the purpose. The major exemptions are pending criminal litigation; juvenile status offenders; sexual offense victims; security procedures; trade secrets; and some public employee information.

Unfortunately, not everyone in government agrees with the concept of transparency and accountability. We have public officials suing constituents in an obvious effort to prevent them from accessing public records. Two recent examples follow.

On May 27, A LouisianaVoice REPORT revealed that several judges in the 4th Judicial Circuit Court filed a lawsuit against The Ouachita Citizen and Publisher Sam Hanna, Jr to prevent the publication from seeking public records to which they were legally entitled. In this case, judges are suing a publication to prevent them from accessing public records concerning the court operation and their presumably dirty laundry.

Now we find that closer to home, John White has likewise filed a LAWSUIT against Mike Deshotels and Dr. James Finney over public record requests that they made to the Louisiana Department of Education (LDOE) – most likely because they have hit a nerve.

On May 31, 2016, Dr. James Finney detailed the history of the suits in a letter to the Governor, John White, the Louisiana Board of Elementary and Secondary Education (BESE) members, and various state staff how the lawsuit came about:

As you may recall, I sent you an email March 12 (attached below) describing the status of several pending record requests that I had placed with John White and the Department of Education.  I also mentioned the existence of a lawsuit (Finney vs White, 6395333, attached).  That lawsuit, which was filed May 22, 2015, was set for trial in late April.

However, on April 11, Mr. White’s attorney requested and was granted a continuance, presumably to become better prepared for trial and to resolve a scheduling conflict with the Department’s sole witness.  Rather than prepare for trial, however, it seems that Mr. White instead instructed his attorney to file two lawsuits against me which appear to be groundless, unnecessary, and against the public interest. Meanwhile, Mr. White and his staff have made no effort to address the 35 pending requests which are subject of my lawsuit.

The first new lawsuit (White vs Finney, 647827, attached) addresses five requests I made in fall 2015, five that I made in February of this year, and one that I made in March. In the lawsuit, Mr. White apparently is asking the judge to create special conditions on Louisiana’s public records law. It seems that, for whatever reason, Mr. White is bending over backward to make sure the public has no idea what statistical distributions LEAP, iLEAP, or EOC test scores follow.  Are they symmetric?  Skewed?  Bimodal? Uniform?  Nor does he, it seems, wish the public to have any means of verifying that School or District Performance Scores have been fairly and accurately calculated.

The second new lawsuit (White vs Deshotels et al, 647953, attached) attempts to reverse favorable judgments Mr. Deshotels received in two prior lawsuits, and apply that reversal (which seems unlikely given that the 19th JDC is not an appellate court) to a subsequent request by Mr. Deshotels and also to one of my requests.  He seeks to use Mr. Deshotels and I as pawns, and cost us additional time and money, to establish a data-suppression policy that was already soundly rejected at court.

I have repeatedly requested meetings with Mr. White and/or his staff to work out arrangements that allow the public to have access to important public records without compromising student privacy nor causing the Department undue burden. I have consistently been rebuffed. And now we’re tangled in litigation in three different divisions of the local district court.

Most of my requests to date, and all that are subject to litigation thus far, could be collected into the following six categories. I trust you would consider these all to be important and of potential public interest:

  • calculation details regarding Value-Added Modeling as performed by the Department
  • voucher programs’ exact enrollments and costs, and demographics of voucher students
  • test-score distributions and technical reports
  • details of School and District Performance Score calculations adequate to verify accuracy and credibility
  • charter schools’ enrollments, charters and leases, and other information
  • exact enrollment numbers with no more suppression than is absolutely required to protect the anonymity of an individual student

I urge you as a body to ask Mr. White to defend his position regarding data secrecy, and his preference for litigation over useful dialogue. Is the department in service to the public, or to test-creators, charter networks and private schools? Have the school grades and Value-Added measures been calculated fairly?  How will we ever know? Is Southern politeness more important than democracy? Is it appropriate to sue citizens rather than responding properly to public record requests?  Please ponder those questions carefully, and provide the appropriate guidance to the Superintendent who is employed at your pleasure.

Thank you.

Dr. James Finney

As one might expect, the suits against Deshotels and Finney are funded by you, the taxpayer, as the LDOE has brought the suit using LDOE funds. Deshotels and Finney are on their own when it comes to legal fees related to these suits. Just to be clear:  You are covering the costs for John White to sue private citizens to prevent them from exercising their constitutional rights.

Of course, Deshotels and Dr. Finney intend to pursue the suit in the courts, rather than ask for a dismissal, to press forward on their requests to this public information that is critical to determining the impact of various policies on our children’s education and the efficacy of the charter experiment in Louisiana. (Remember the last time the government experimented in the south? It happened at Tuskegee.)

As Mercedes Schneider recently noted in her blog deutsch29, “Suing private citizens over public record requests is a new low for an already sorry excuse of a state superintendent. However, it seems that with White, no low is too low.” https://deutsch29.wordpress.com/2016/05/31/la-superintendent-john-white-sues-citizens-who-made-public-records-requests/

The use of virtually unlimited financial and legal resources (at taxpayer expense, no less) to beat down citizens with limited funds to fight back poses an unprecedented and dangerous threat to the very checks and balances upon which our government is founded.

When will Governor Edwards tire of this excuse for a superintendent and encourage the BESE board to bring John White’s tenure up for a vote? Let’s get the BESE members on record as to whether they stand for Louisiana’s children or for the out-of-state interests that bought their seats. Let’s decide, once and for all, if BESE stands for accountability or for secrecy.

For Edwards, the Legislature, and BESE to sit back and do nothing about this infringement upon the public’s right to know should be seen as an endorsement of clandestine activity worthy only of our distrust and fear.

Posted in Corruption, Education, Ethics, Governor's Office, Judges, Lawsuits, Legislature, Legislators, Media, Politicians, Public Records | 20 Comments »

LSP stakes out claim that investigation reports are exempt from LA. public records law if no disciplinary action taken

June 1, 2016 by tomaswell

LSP has manufactured its own loophole for denying public records requests.

Col. Mike Edmonson apparently has come to the conclusion if he makes the decision not to formally punish, the public has no right to know why. In other words, if someone is victimized by a member of the department of public safety and Edmonson deems it is not worthy of punishment, the public has no right to review the decision.

On the contrary, it would seem to us that when someone is exonerated, this is all the more reason to produce the information. LSP further claims when those who resign in lieu of the completion of an investigation the investigative report is not subject to release.

We think Edmonson is tired of the public’s learning of far too many instances of misconduct at LSP followed by a mindset of circling the wagons. He has initiated a pattern of issuing no punishment in an apparent effort to hide misconduct. The reason for not administering punishment is in the investigation file. Many of the investigation files from LSP have shown to be seriously biased in favor of some while very severe for others.

Typically, LSP has denied public records requests for investigation files when the department finds no wrongdoing stating. The standard response to requests for the information generally reads: “The investigative report you requested is not subject to release as the individual right to privacy afforded by Article 1 Section 5 of the Louisiana Constitution of 1974 outweighs the public’s right to review.”

We maintain the investigation file is a public document and serves a legitimate public interest.

The reference to Article 1 Section 5 of the LA Constitution is a mirror of the 4th Amendment of the US Constitution to protect citizens from unreasonable search and seizure. The amendment specifically lists, “person, property, communications, houses, papers, and effects.” We have no access to those nor does LSP without a properly issued warrant as the amendment states. If it is illegal for us to access, it is also illegal for LSP to have obtained it.

We have accumulated a growing list of denials based on this fantasyland God-like authority bestowed upon himself by himself (Edmonson).

Captain Chris Guillory

LouisianaVoice has received a response to a complaint filed against Captain Chris Guillory for lying to LSP internal affairs investigators. A citizen said that Guillory refused to accept his complaint against a State Trooper in Troop D. The response to the complaint from LSP states in part, “A determination has been made that Captain Guillory did not make a false statement to IA” with his denial that he refused to accept the complaint. The complainant provided an audio tape directly contradicting two documented statements made by Guillory to LSP internal affairs. You can review it here https://www.youtube.com/watch?v=zd-JV3rKjko.

LSP will not release the investigation file because Edmonson did not punish his friend Guillory. The public is denied the right to know why Guillory was not found in violation. We have the tape and we have the LSP documentation listing Guillory’s statement two times denying unequivocally he refused to take the complaint.

LSP has found no wrongdoing by Guillory involving the recently terminated Trooper Ronald Picou even though he was responsible for the investigation of the exact same allegations in 2013, the “Brady Day” investigation, or the investigation involving the padding of time sheets by Brady. He has emerged without any formal discipline.

Guillory has since been removed from his command at Troop D. He has been given a larger command in Baton Rouge. Sources have informed us Guillory’s new position is in violation of state police commission rules on residency because he lives in Sulphur but works in Baton Rouge. Sources further report Troopers are authorized three hours one way for travel to Baton Rouge. That means Guillory works two hours out of every eight hour day.

LT Paul Brady

We requested the documentation involving the investigation into “Brady Days,” paid time off for arresting someone for DWI in violation of quota and payroll fraud laws—so named the Troop D supervisor who allowed, indeed, encouraged the practice. Sources indicate Brady days was an unwritten policy at Troop D under some supervisors and this was confirmed by IA investigators. We were informed there was no finding of wrongdoing on Brady’s part. But again, we were denied access to any investigation findings.

Brady was cleared even though he was the supervisor for Trooper Picou who was recently terminated. Picou was proven to be neglectful of duty. Brady was paid to be a supervisor and sources say if he would have simply done his job Picou might still have his.

But again, because there was no disciplinary action taken against Brady, the investigation record remains out of the public’s reach.

A recent complaint has been filed against Troop D personnel alleging a wrongful DWI arrest. Sources say the arresting Trooper was a beneficiary of paid time off for Brady days but was also punished for not accumulating a sufficient number of DWI arrests.

Trooper Jimmy Rogers

Rogers suddenly resigned amid the beginning of the massive investigations at Troop D. We were denied access to his records because LSP did not complete the investigation. This is another method of Edmonson escaping culpability for poor leadership—ask them to resign so no one finds out. Sources report Rogers resigned after it was discovered he was committing payroll fraud on parish-funded overtime details known as Local Agency Compensated Enforcement (LACE). Rogers was reportedly issuing citations on his regular shift but claiming them on different dates in order to accrue overtime.

Accepting excess money for violating state issued permit/bribery

We requested the investigation files involving a Trooper who accepted extra money for moving oversized loads in violation of the state issued permit and possibly bribery. It was discovered after another Trooper refused the extra payment. The response was to make the Trooper give the extra money back. We were notified no complaint was filed so they did not investigate it.

In a letter from LSP dated April 27, 2016, we were again notified no complaint was filed. All of our other requests resulted in the investigation of the allegations but they skipped this one. The excuse that they do not investigate misconduct until someone files a complaint is silly. A complaint has since been lodged with LSP so maybe they will finally investigate.

We are not done

The failure to release records at the discretion of one man with a proven track record of unethical behavior and poor decision making should not be allowed to stand. The public has a right to know about the circumstances surrounding a resignation in lieu of termination amid an investigation.

They further have a right to know why a public employee was found to have committed no wrongdoing—if for no other reason than to fully clear the employee’s name and his public standing. There is no reason to hide such information unless indeed, there is something to hide.

LouisianaVoice is exploring legal remedies for these denials.

Posted in Corruption, Ethics, Exemptions, Fraud, Media, Politics, Public Records, State Police, Transparency | 7 Comments »

Notable Quotables (in their own words)

May 31, 2016 by tomaswell

“The suspect was charged with simple escape because he reportedly did not have permission to leave his cell.”

—Monroe News-Star, describing why Darandall Eugene Boyette, 27, of Marion, was booked with simple escape after he wandered from his call to that of a 17-year-old female inmate who was being raped by a third prisoner in April, raising the obvious question of how did Boyette and Demarcus Shavez Peyton, 28, of Homer, already convicted of aggravated rape, manage to leave their cells and enter the woman’s cell?

Posted in Politics | Leave a Comment »

Second Union Parish inmate allowed to wander outside cell, witness prisoner’s rape; sheriff has zero oversight over jail

May 31, 2016 by tomaswell

This post is about two issues. One is about the relationship between the Louisiana Department of Corrections and parish sheriffs that has resulted in state prisoners being housed in parish jails which in turn means revenue for the sheriffs. It’s a relationship that has whetted the appetite of sheriffs for more power and encouraged them to develop paramilitary operations with the help of state and federal money.

When a convicted rapist being held in the Union Parish jail was allowed into the cell of a 17-year-old girl thought to be high on meth last month and raped her twice, it raised several questions, including:

  • How was it that the girl was being held in the proximity of a convicted aggravated rapist?
  • Who was the Union Parish Detention Center (UPDC) staff member who admitted Demarcus Shavez Peyton, 28, of Homer, into the cell?
  • Who is responsible for operations of the detention center?

While Peyton has since been sentenced to life imprisonment on a separate aggravated rape charge, no answers have been provided to the first two questions but the answer to that last question turned out to be something of a surprise. http://www.knoe.com/home/headlines/Inmate-raped-inside-Union-Parish-Detention-Center-377640971.html

It has been widely reported by the media, including LouisianaVoice, that local sheriffs have come to rely on contracts with the Louisiana Department of Corrections (DOC) to house state prisoners at the going rate of about $25 per prisoner per day. That’s hardly enough to house, feed, educate, and train inmates in a trade as DOC officials like to have us believe they are doing. The harsh reality is that prisoners are simply warehoused. Period. There are no classes, no job training, no counseling. http://mondediplo.com/2013/12/11usprison

A fourth question might be: To what end are sheriffs seeking bigger detention centers to house more prisoners? The answer to that is power. The sheriff is already the most powerful person in any given parish and if he can build detention centers to bring in additional state money to shore up that power, so much the better.

One dirty little secret is that if one sheriff has an abundance of prisoners and the sheriff next door has empty beds, the first sheriff will ship a few to his fellow sheriff so that he can collect his $25 per day payments. Prisoners are moved all around from parish to parish that way. Those beds must be filled.

Instead of classes and counseling, some prisoners are funneled into work-for-profit programs whereby local jails farm out inmates to private firms for menial jobs—another source of income for the sheriffs.

The policy of paying for warehousing prisoners is so lucrative that companies like Corrections Corporation of America of Nashville, the GEO Group of Boca Raton, Florida, and the LaSalle Corrections of Ruston reap millions in profits simply by keeping beds filled.

Union Parish is the exception.

Oh, the Union Parish Detention Center takes full advantage of the glut of state prisoners (Louisiana has the highest prison rate in the U.S. which in turn has the highest rate of incarceration in the world). Of the 277 population of the UPDC, 165 are DOC prisoners.

If that population is maintained at the current rate of pay, that means about $1.5 million per year additional to the Union Parish Police Jury. In other parishes, that money would go to the sheriff.

The UPDC, however, is not run by Sheriff Dusty Gates, so his department does not receive the state funds. The UPDC is unique in that it is not overseen directly by the Union Parish Sheriff, but the police jury. Jail personnel, from top administrators all the way down to the guards, are police jury employees. Not one is a deputy sheriff. That means administrative staff and guards alike do not necessarily have law enforcement experience. One recent UPDC warden, who has since resigned, had no experience in law enforcement.

The facility is run by a commission made up of District Attorney John Belton, Gates, Union Parish municipal chiefs of police, and the police jury with the police jury having actual management responsibilities. https://louisianavoice.com/2016/05/10/how-did-convicted-rapist-gain-access-to-isolation-cell-in-the-union-parish-detention-center-to-rape-teenage-girl-twice/

The Lincoln Parish Detention Center next door was once run in the same manner but operations were soon turned over to LaSalle. When problems were encountered with LaSalle’s management, Sheriff Mike Stone took over operations.

In the entire state, only the UPDC is operated by a commission with no direct management from the sheriff.

DOC has since removed six other female inmates being held at UPDC. http://www.thenewsstar.com/story/news/crime/2016/05/19/doc-pulls-female-inmates-union-parish-detention-center/84626290/

Besides Peyton, also arrested was inmate Darandall Eugene Boyette, 27, of Marion. Boyette, originally incarcerated on home invasion and robbery charges, was also booked for simple escape because he did not have permission to leave his cell. He told officials that he entered the victim’s isolation cell when he found the door was unlocked. Upon entering, he said he witnessed Peyton and the victim having sex. He told authorities it was initially his intention to also have sex with her but that he “had a bad feeling,” and left the cell.

Detention center video confirmed that Peyton entered the cell followed by Boyette who then left the cell.

All of which raises the fifth and sixth questions: Why was Boyette allowed to wander about the jail unattended? He was charged with simple escape; so how was he able to exit his cell in the first place if it was locked as it should have been?

Perhaps, with this latest fiasco, the time has come for the state to take a long, hard look at the practice of shipping inmates off to local jails to fatten the bank accounts of parish prisons and sheriffs’ offices. https://louisianavoice.com/2010/12/13/state-inmate-housing-a-financial-boon-to-local-sheriffs/

The contracts with DOC are helping sheriffs’ offices to beef up their arsenals with expensive and seemingly unnecessary weaponry such as high-powered rifles and Humvees and military equipment previous used in Iraq and Afghanistan. The East Baton Rouge Parish Sheriff’s Office, for example recently purchased 558 assault rifles from the Pentagon at discount prices. In that case, the purchases were made with grant money from Congress.

With some of the equipment being more appropriate for war zones, one might understandably feel these purchases in the name of law and order are the moral equivalent of sandblasting a Lays Ruffles potato chip to remove the salt.

http://www.wafb.com/story/26313340/investigators-are-police-departments-becoming-militarized

Granted, the trend toward purchasing military ordnance may seem far removed from housing state prisoners for a shade under $25 per day, but the influx of easy money has created a hunger for more and bigger firepower by the sheriffs, each hell bent on building a better and more powerful arsenal than the guy in the next parish.

The mentality is fast becoming one of “Send me more prisoners so I can purchase more heavy artillery.”

Meanwhile, the evidence is indisputable that the method of operating the UPDC is untenable and must be changed. It’s inconceivable that a prison of any description should be bereft of law enforcement personnel—from administrators to guards. You simply cannot have untrained, uncertified, inexperienced people running a prison.

Posted in Politics | 13 Comments »

Notable Quotables (in their own words)

May 30, 2016 by tomaswell

“He started out gangbusters and he hasn’t slown down.”

—An SEC play-by-play announcer during Saturday’s Texas A&M-Mississippi game. (Where do they find these maulers of the English language?)

Posted in Politics | 7 Comments »

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