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Vitter at his best: receives $15,000 after writing April letter threatening careers to get fracking permit for St. Tammany

November 12, 2015 by tomaswell

Interspersed in all the venomous political rhetoric in the gubernatorial campaign that is now moving toward its merciful final week are some real issues that affect our lives and which should warrant closer inspection by the voting public.

Unfortunately, given the public’s taste for voyeurism and salacious gossip, that probably won’t happen. Besides, time is short and the sordid half-truths, distortions and details of political black ops are just heating up. There just isn’t time for the things that matter.

But at least one group is taking U.S. Sen. David Vitter to task for a letter he wrote last April to U.S. Army Corps of Engineers Commander Lt. Gen. Thomas Bostick and Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy.

In that otherwise routine five-page letter, dated April 16, 2015, Vitter addressed a number of issues concerning levees, flood control, storm surge protection, past due payments from the Corps to the State of Louisiana for freshwater diversion projects, a request to complete the Southeast Louisiana Urban Flood Control Project (SELA) in Orleans, Jefferson and St. Tammany parishes, deauthorization of the West Pearl River Navigation Project, a request for increased negotiation efforts to approve the Lower Mississippi River Management proposal, and bank stabilization along the Ouachita River in north Louisiana.

Buried at the bottom of page three of the letter was item number 7: Helis Oil and Gas Permit MVN (Mississippi Valley New Orleans)-2013-02952-ETT.

Issue: “The aforementioned permit application is currently awaiting approval within MVN, but has stalled due to several pending lawsuits,” Vitter’s letter said. “The State of Louisiana, Department of Environmental Quality issued the water quality certification (WQC 140328-02) on March 19, 2015. Issuance of the 404 permit is the last remaining action needed to begin construction of the test well.”

Request: “Immediately approve and issue the 404 permit.”

VITTER LETTER TO CORPS

In his April 16 letter, Vitter did what he does best: intimidate with not-so-subtle threats.

“As the U.S. Army Corps of Engineers moves forward with leadership transitions and promotions in the coming months, I’d like to take this opportunity to ensure that you—as the two primary Corps leaders—continue strengthening your commitment to improve communication and issue resolution with non-Federal stakeholders who depend on the Corps to provide necessary flood protection, reliable navigation, and restored ecosystems,” he wrote.

“…However, it’s critical that Corps leadership understand there remain several significant Louisiana issues that need to be addressed and resolved in an expeditious manner. In light of those issues, I can’t support the transition or promotion of new leadership until I know that a constructive approach will be taken to address and resolve these serious problems.”

As if on cue, the Corps on June 8 approved the permit application by Helis Oil & Gas Co. http://www.nola.com/environment/index.ssf/2015/06/wetlands_permit_approved_by_fr.html

Vanishing Earth, a new political blog that concentrates on environmental issues, obtained the Vitter letter to the Corps that contained Vitter’s heavy-handed approach to resolving issues, particularly the approval of the Helis permit.

That permit, since approved, will allow Helis to drill an exploratory well for the purpose of oil drilling and controversial hydraulic fracking in St. Tammany Parish. Parish residents have resisted fracking in St. Tammany and have even filed a lawsuit in district court to stop the practice there because of legitimate concerns about air and water pollution, damage to the aquifer that supplies drinking water, and the industrialization of the parish.

The irony is that St. Tammany is considered a strongly Republican parish and represents one of Vitters’ strongest areas of support.

But, as is always the case in politics, money speaks much louder than loyalty to constituents and Helis has seen to it that Vitter’s campaigns, both federal and more recently, state, are remembered fondly.

On May 8, less than a month after Vitter wrote his letter to the Corps, Helis made a $5,000 contribution to Vitter’s gubernatorial campaign. Additionally, on that same date, Helis CEO David Kerstein made an identical maximum allowable contribution of $5,000. Then, on Nov. 6 of this year, less than two weeks after the first primary, Helis chipped in an additional $5,000. The company also contributed $15,000 in three separate contributions to lieutenant governor candidate Billy Nungesser.

https://coraweb.sos.la.gov/CommercialSearch/CommercialSearchDetails.aspx?CharterID=442768_VAE52

 

Moreover, Kerstein contributed an additional $7,500 to Vitter’s U.S. House and Senate campaigns from 2000 to 2008, according to Federal Election Commission records. Corporations are prohibited from contributing to federal campaign. http://docquery.fec.gov/cgi-bin/qind/

KERSTEIN, DAVID New Orleans ATTORNEY  VITTER FOR CONGRESS 05/01/00 1000.00
KERSTEIN, DAVID New Orleans SELF VITTER FOR CONGRESS 09/22/03 1000.00
KERSTEIN, DAVID New Orleans SELF DAVID VITTER FOR US SENATE 07/07/05 2000.00
KERSTEIN, DAVID New Orleans SELF VITTER FOR US SENATE 02/21/08 300.00
KERSTEIN, DAVID New Orleans SELF DAVID VITTER FOR US SENATE 02/21/08 2200.00
KERSTEIN, DAVID New Orleans SELF/ATTORNEY VITTER FOR CONGRESS 04/18/01 1000.00

Helis apparently is not an equal opportunity donor; no contributions could be found by the company or its CEO to Democrats John Bel Edwards or Nungesser’s opponent Baton Rouge Mayor Kip Holden.

What David Vitter is essentially saying in his letter to Secretary Darcy and Lieutenant General Bostick is that if they do not perform certain acts, issue the permit, then he will punish them by taking away something of personal value to them which, in this case, are the “transitions and promotions,” wrote Vanishing Earth publisher Jonathan Henderson. “In other words, he blackmailed them.” http://vanishingearth.org/2015/11/05/senator-vitter-corruption-reaches-st-tammany-parish-fracking-fight/

Henderson is encouraging his readers to call on the U.S. Senate Select Committee on Ethics “to immediately investigate Senator David Bruce Vitter.”

Additionally, one source said some residents of St. Tammany were considering filing a complaint with the State Board of Ethics. LouisianaVoice inquired of the state board whether or not such a complaint had been filed. This was the response we received:

In response to your public records request of Nov. 12th, please be advised that all complaints and documents prepared or obtained in connection with an investigation are deemed confidential and privileged pursuant to R.S. 42:1141.4 K&L which also provides that it is a misdemeanor for any person, including the Board’s staff, to make any public statement or give out any information concerning any confidential matter.

LouisianaVoice has begun an investigation into fracking operations in Lincoln Parish as well. Residents there are concerned about the drain on the Sparta Aquifer which supplies drinking water to several north Louisiana parishes. We will bring you more details on those operations as we receive them.

Posted in Corruption, DEQ, Elections, Ethics, House, Senate, Lawsuits, Lobbyist, Louisiana Purchase, Media, Politicians, Public Records, Senate, Vitter | 8 Comments »

Explanation of retired state trooper, Beauregard Parish sheriff candidate Jim Jacobson is less than illuminating

November 12, 2015 by tomaswell

As the investigation into payroll irregularities at Louisiana State Police Troop D continues, retired troop supervisor and current candidate for Beauregard Parish sheriff took us up on our invitation for him to explain his part in the matter. This is his response:

Regarding November 10 article, I was surprised to see another set of accusations against me in the Louisiana Voice yesterday. If you would contact me in advance of your articles, I believe we could have a more productive conversation. You do have my contact information and I will respond to your requests.

Regarding yesterday’s article, thank you for the opportunity to address the accusations. I hope that you will use this response in its entirety. I would like to start with the headline. If I have been accused of anything it is only by the Louisiana Voice and maybe my opposition. As I have said before, I am not, nor have I ever been, investigated in the matter you are referencing. I was interviewed, as were many people. An interview is not an accusation or an investigation.

In the 10th paragraph, you say that I claim “all the troopers” named have been cleared. Please note that I cannot speak for the Louisiana State Police since I have been retired more than 17 months. However, I have included a copy of two documents and I hope you find them helpful. Please refrain from including me in any future articles about the Louisiana State Police since I am no longer affiliated with them.

Finally, your article says that I am “attacking” the incumbent for mishandling taxpayer money and for intimidating deputies. While I am aware of a number of concerns that others have raised regarding tax collection issues, that topic has not been associated with my campaign. I am focusing on my qualifications and the plans that I have to benefit our parish. If you have a specific reference, please share it with me and I will be happy to address it. Regarding the intimidation of deputies, that is a decision for each person to make on their own when presented with the evidence. I encourage your readers to listen to the 13 minute audio file available on my Facebook page “Jim Jacobsen for Beauregard Parish Sheriff.” I have not attacked anyone, nor will I. However, I do encourage people to evaluate the evidence and come to their own conclusions. Please let me know if there’s anything else that I can do to clear this up. Thank you.

Jim Jacobson, candidate for Beauregard Parish sheriff

PICOU LETTER

Our response to his explanation:

Thank you for responding. You asked to let you know if there was anything else we need to clear this up.

You said, “As I have said before, I am not, nor have I ever been, investigated in the matter you are referencing”. We do not allege you were investigated in 2013. We cannot confirm whether that has changed.

You posted an exoneration letter issued to Picou. We are well aware of the existence of the letter but were not able to obtain a copy because that letter and the investigation file leading to that letter are now under investigation. We do not dispute that Picou was exonerated in 2013. We do have reason to believe his exoneration was the result of a defective investigation to protect a friend. The letter you provided does nothing to dispute the allegations. That letter shows the investigation was conducted by Troop D Commander Chris Guillory who has a history of drug abuse and is reportedly close friends with you and Picou.

We find it concerning that felony payroll fraud allegations were investigated at the troop level instead of internal affairs as is usually the case. LA Voice submitted a public records request making the exact same allegations that were made in 2013. We were initially informed they would provide the radio logs but then recanted citing they were now under investigation. The investigation is now being conducted by internal affairs and is still ongoing. We have spoken with many confidential sources who have supported the allegations. Consequently, we have yet to receive a single denial from LSP or you.

You claim you are no longer affiliated with LSP. How were you able to obtain the exoneration letter for Picou? We were denied access to this report indicating you still have some association with LSP and or Picou. Would you mind getting us the investigation file since you apparently have more access than the public?

You have not addressed the allegations. The allegations in the articles are very clear. You have yet to offer a denial. You simply offered information we already knew about and if the allegations are correct, the Picou exoneration letter will support the allegations, not deny them. The investigation from 2013 and the current investigation will eventually become public record.

With this in mind, it has been claimed that Picou was allowed to work for a small portion or none if his night shifts so that he could sleep to be ready to work at his company the next morning. Picou, it has been said by his fellow troopers, worked approximately half of his day shifts. It is alleged you and Guillory allowed this to take place before and after the investigation where he was cleared in 2013 and this is why that “investigation” is itself now under investigation by LSP. Please address the allegations. This response is an inadequate attempt at avoiding the real issues. Again, we have yet to see one smidgeon of a denial from a single source denying the allegations, certainly not from your explanation.

Posted in Corruption, Elections, Ethics, State Police | 5 Comments »

LCPD Deputy Chief is accused of actions similar to those of ret. LSP supervisor, Beauregard sheriff candidate Jacobson

November 10, 2015 by tomaswell

Former Lake Charles Police Department Deputy Chief Thomas Bell has been terminated from LCPD and is under indictment for malfeasance in office. Local media has reported he is suspected of allowing his secretary Janine Blaney to get paid for hours she did not work. Janine Blaney has been charged with public payroll fraud for claiming 45 hours of regular time and 54 hours of overtime she allegedly did not work.

http://www.kplctv.com/story/30350422/fired-lcpd-employee-claimed-fictitious-overtime

This case has many similarities to allegations at Troop D except for one main difference. The amounts suspected by LSP are much greater. Sources have alleged Picou was allowed to work a small portion of his shift but get paid for the entire shift of 12 hours for the better part of a decade far outweighing the allegations against Blaney. Louisiana Voice submitted public records requests for numerous documents to determine if the allegations were accurate in August. The public records request apparently served as the motivation to initiate the largest known internal affairs investigation/inquisition in the history of the Louisiana State Police.

When LouisianaVoice made a second public records request (Sept. 6) for the State Police investigation file on Picou, we received the following response from LSP Attorney Supervisor Michele Giroir:

“…in response to your below public records request, I have been advised that the information that you seek is related to an ongoing administrative investigation.  Therefore, the records are not subject to release to you at this time pursuant to R.S. 40:2532 and Article 1 Section 5 of the Louisiana Constitution of 1974.”

Some of the records requested were from three years ago. The investigation files on Trooper Ronald Picou from three years ago are now under investigation suggesting there are serious concerns those charged with stopping the reported allegations of payroll fraud failed to take action and allowed it to continue. Troop D Commander Captain Chris Guillory’s investigation into Picou’s conduct was reportedly only focused on finding the whistle blowers.

Trooper Picou was supervised by retired Lieutenant Jim Jacobsen who is now running for sheriff of Beauregard Parish. Picou remained on Jacobsen’s shift every year which troopers say is far outside the norm. Troopers normally rotate shifts every year. After Jacobsen’s retirement, Picou was allowed to remain on the same shift as LT Paul Brady, also of Beauregard Parish, who reportedly allowed Picou to continue his activities even over the objections of other supervisors. After the latest investigation started, Picou was removed from the supervision of LT Brady.

JACOBSON

The photo above is reportedly from the retirement party for Jacobsen held at Picou’s home. From left to right, Captain Chris Guillory, LT Paul Brady, Trooper Ronald Picou, and Retired LT Jim Jacobsen. The two in dark shirts are unidentified and their faces have been blocked out.

Deputy Chief Bell is facing criminal charges for allegedly allowing an employee to claim a total of 99 hours. We have to be clear that Bell is not suspected of getting paid for hours he did not work. He is charged for allegedly allowing it to happen as a supervisor. Our records request for radio logs was an effort to confirm the allegations Jacobsen, Brady, and Guillory allowed Picou to commit payroll fraud. Louisiana Voice has spoken with state police officials who confirm the radio logs do support the allegations.

The troopers involved in the investigation have been issued gag orders and have not spoken to us. Through sources not under gag order, we have learned the internal affairs section at LSP is conducting a thorough investigation into the allegations against Picou and others. We will continue to monitor this situation and will continue to issue relevant requests for records until the truth is exposed.

Ironically, Jacobson is attacking the incumbent Beauregard Parish sheriff for mishandling taxpayer money and for intimidation of deputies. He also claims that all the troopers named in previous LouisianaVoice posts have been cleared and that the investigations are over. Not true. One state trooper in Troop D, Jimmy Rogers, recently resigned following a series of LouisianaVoice posts about allegations of harassment and domestic abuse by Rogers and the apparent reluctance of LSP to thoroughly investigate those claims.

As for Jacobson’s claim that “all the troopers” named in our reports have been cleared, we can only say that LSP officials have indicated to us that investigations are ongoing and that further disciplinary measures are under consideration.

It does appear, however, that LSP will not address these allegations before the election on November 21. Beauregard Parish voters have the right to know Jacobsen’s involvement before going to the polls. Jacobsen is not under a gag order, so here is our offer:

LouisianaVoice will publish any response Jacobsen offers explaining these allegations. Our email address is: louisianavoice@cox.net

We eagerly await that response.

PICOU LETTER

 

Posted in Corruption, Ethics, Fraud, State Police, Transparency | 6 Comments »

Notable Quotables (in their own words)

November 9, 2015 by tomaswell

“It turns out we were boondoggled on that.”

—State Sen. Dan Claitor (R-Baton Rouge), commenting on the “deliberative process” exemptions pushed through the legislature in his 2008 “ethics reform” package, as quoted by the Center on Public Integrity’s 2015 state rankings.

“Jindal’s ‘gold standard’ is riddled with loopholes and cynical interpretations by the governor and other state officials.”

—The Center for Public Integrity, criticizing Bobby Jindal’s “gold standard” of ethics, in its 2015 state rankings report.

 

Posted in Ethics, Governor's Office, Legislature, Legislators, Media, Public Records, Senate, Transparency | 2 Comments »

Center for Public Integrity gives Louisiana an F; ranks 41st overall in 13 areas of judgment with numeric grade of 59

November 9, 2015 by tomaswell

While Bobby Jindal is touting all the wonderful innovations, budget cuts, employee reductions, etc., that he has initiated in Louisiana, The Center for Public Integrity has a few items he may wish to soft peddle as he goes about trying to convince Iowans that he’s really serious about running for President and not the joke we in Louisiana know him to be.

The center has just released its 2015 integrity grades for each state and it isn’t very pretty for Louisiana.

In fact, the state received a flat-out grade of F and ranked 41st out of the 50 states overall with a composite score of 59 out of a possible 100. Only seven states had lower composite scores—Pennsylvania and Oregon (58), Nevada (57), Delaware and South Dakota (56), and Michigan and Wyoming (51).

Mississippi (61) and Alabama (67), normally found competing for Louisiana on lists of all things bad, were well ahead of Louisiana with rankings of 33rd and 7th, respectively. Alaska had the highest score at 71, good enough for a C. Michigan was the worst with its 51.

Louisiana wasn’t alone in getting a failing grade of course; there were 10 others but in the other states we can only assume the governors are at least attempting to address their problems. Jindal isn’t. He capitulated long ago as he set out on his quest for the brass ring that continues—and will continue—to elude him. Though he has only two months to go in office, he in reality abandoned us three years and 10 months ago—right after he was inaugurated for his second term. Truth be told, he has been at best a distracted administrator (I still can’t bring myself to call him a governor) for his full eight years and at worst, guilty of malfeasance in his dereliction of duty.

Harsh words, to be sure, but then his record screams out his shortcomings (loud enough to be heard in Iowa, one would think) and his lack of a basic understanding of running a lemonade stand, much less a state.

States were graded on 13 criteria by the Center for Public Integrity:

  • Public Access to Information—F
  • Political Financing—D
  • Electoral Oversight—D+
  • Executive Accountability—F
  • Legislative Accountability—F
  • Judicial Accountability—F
  • State Budget Processes—D+
  • State Civil Service Management—F
  • Procurement—D+
  • Internal Auditing—C+
  • Lobbying Disclosure—D
  • Ethics Enforcement Agencies—F
  • State Pension Fund Management—F

http://www.publicintegrity.org/2015/11/09/18407/louisiana-gets-f-grade-2015-state-integrity-investigation?utm_campaign=stateintegrity&utm_source=digest&utm_medium=link&goal=0_ffd1d0160d-08c0be5058-100352837&mc_cid=08c0be5058&mc_eid=c4ee01d834

The scores given each of these, and their national ranking were even more revealing.

Public Access to Information, for example scored a dismal 30, ranking 46th in the country.

In the scoring for Internal Auditing, on the other hand, the state’s numerical score was 79, but was good enough for only a ranking of 32nd.

Likewise, the grading for Procurement (purchase of goods and contracts) had a numeric score of 69, good enough to rank the state 25th. But numeric score of 64 for Lobbying Disclosure while rating only a D, was still good enough to nudge the state into the upper half of the rankings at 24th.

One of the biggest areas of concern would have to be the state’s numeric grade of only 40 for Judicial Accountability, plunging the state to next to last at 49th. (This is an area that has flown under the radar but one the legislature and next governor should address.)

The lowest numeric score was 30 for Public Access to Information, fifth from the bottom at 46th. LouisianaVoice can certainly attest to the difficulty in obtaining public records, having found it necessary to file lawsuit against the state on three occasions in order to obtain what were clearly public records. Even after winning two of the three lawsuits, we still experience intolerable foot-dragging as agencies attempt to stall in the hopes we will give up.

We will not. If anything, the stalling only strengthens our resolve to fight for the public’s right to know.

To compare Louisiana to other states in each of the 13 criteria, go here: http://www.publicintegrity.org/2015/11/09/18822/how-does-your-state-rank-integrity

In the final days of the 2015 legislative session the state Senate approved a bill that removed the exemptions pushed through by Jindal in his first month in office in 2008 which kept most government records from disclosure. State Sen. Dan Claitor (R-Baton Rouge) was quoted in the report as saying, “It turns out we were boondoggled on that.”

Jindal called his changes his “gold standard,” but the report said it is “riddled with loopholes and cynical interpretations by the governor and other state officials.”

That looked like a promising reversal to the secrecy of the Jindal administration but then the legislature agreed to postpone implementation of the new law that abolished the abused “deliberative process” exception until after Jindal leaves office next January.

Jindal also managed to gut the state’s ethics laws early in his first year. Enforcement of ethics violations was removed from the State Ethics Board and transferred to judges selected by a Jindal appointee. That prompted long-time political consultant Elliott Stonecipher of Shreveport to say that while the state’s ethics laws looked good on the surface, there was “no effective enforcement and that breeds more than just a system of corruption, but an acceptance of those practices,” the center’s report said.

The center reported that it is not Louisiana’s ethics laws that produced such a poor grade, but the day-to-day interpretations of the laws by various departmental legal advisors.

Since the center’s first survey of public integrity on a state-by-state basis, no fewer than 12 states have had legislators or cabinet-level officials charged, convicted or resign over ethics-related issues, the report said.

Posted in Ethics, Exemptions, Governor's Office, Judges, Legislature, Legislators, Lobbyist, Louisiana Purchase, Politicians, Public Records, Transparency | 8 Comments »

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