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While some observers might correctly point out that the re-hashing of stories about State Fire Marshal Butch Browning is old news, we feel there is relevance in demonstrating the Jindal administration’s general acceptance of and a high tolerance for questionable and inappropriate behavior on the part of his appointees and their subordinates.

The flagrant abuse of power has become so rampant in the offices of the State Fire Marshal, State Police Superintendent and the Louisiana Office of Alcohol and Tobacco Control that even if the governor’s office feels it can afford to ignore the brewing problems, we cannot.

Besides the FEMA billings in connection to work his subordinates performed in the 2011 tornado cleanup in Alabama—more than $11,000 in overpayments to 13 employees was eventually refunded—and his wearing of unauthorized military medals from two wars and a third military engagement, State Fire Marshal Butch Browning also came under investigation by State Police and the Louisiana Office of Inspector General (OIG) for another matter involving injuries to two teenagers in St. Helena Parish.

Browning managed to emerge from the three-pronged probe virtually unscathed, “retiring” in April of 2012 in the middle of the investigations only to be reinstated 12 days later in his same positon but with a raise in pay of $8,000 per year, state Civil Service records show.

Despite the allegations of fraud and mismanagement leveled against Browning, his boss, State Police Superintendent and Deputy Secretary of the Department of Public Safety (DPS) Mike Edmonson, gave him a clean bill of health and the Louisiana Legislature, acting as surrogate for the Jindal administration, acted quickly. The House Appropriations Committee aimed its retaliatory guns on the second investigative agency, the Office of Inspector General and its Director Stephen Street, placing them squarely in the administration’s crosshairs.

Even as his boss, State Police Superintendent and Deputy Secretary of the Department of Public Safety (DPS) Mike Edmonson, was praising Browning on the occasion of what turned out to be a 12-day “retirement,” saying citizens of Louisiana were “fortunate” to have him as State Fire Marshal and that his commitment to fire safety and prevention was “unparalleled,” a state trooper had been assigned in April of 2012 to work alongside OIG to investigate “several complaints.”

We touched on the allegations of payroll fraud and of his wearing unauthorized military combat medals from wars that ended before he was born. Among the decorations worn by Browning were the Army Occupation Medal, the Meritorious Service Medal, the Air Force Good Conduct Medal, the Defense Meritorious Service Medal, the Kosovo Campaign Medal, the Legion of Merit, the Korean Service Medal, the Army Reserves Overseas Training Ribbon, the Marine Security Guard Ribbon, the National Defense Service Medal, and the Navy Expeditionary Medal. Apparently, the only military branch in which he did not distinguish himself was the U.S. Coast Guard.

But there were other, more serious incidents almost a year before which the OIG was also investigating—obstruction of information about a carnival ride accident and Browning’s improperly selling used weapons to employees—which would ultimately lead to attempts to strip OIG of its legislative appropriation, in effect abolishing the office.

We prefer to simply call it teaguing after Gov. Bobby Jindal’s infamous practice of fire and demoting dissidents as he did Tommy and Melody Teague, the husband and wife team he fired six months apart, beginning first with Melody Teague.

On May 14, 2011, a ride called the “Zipper” malfunctioned at a Greensburg carnival in St. Helena Parish northwest of Hammond and injured two teenage siblings as they were getting off the ride only seven hours after deficiencies were ignored by a State Fire Marshal’s Office inspector only seven hours earlier. The ride’s emergency brake should also have been checked during the inspection, but it was not, the OIG investigation revealed. http://oig.louisiana.gov/assets/docs/reports/CID-12-035.pdf

Carter and a second Fire Marshal investigator, Joseph LeSage, both told investigators that the accident would not have occurred had a properly installed parking brake and control switches been installed according to manufacturer’s specifications, the report said.

Failure to check emergency brakes is in violation of National Association of Amusement Ride Safety Officers guidelines.

Browning, however, suppressed the report by insisting that the accident was caused by operator error, the report said.

Even more serious, Fire Marshal Investigator Donald Carter told Browning “several times at the accident scene” that the inspector’s allowing the ride to operate with improper equipment may expose the Fire Marshal’s office to legal liability, the OIG report said. That statement is important because of the blanket defense of Browning subsequently thrown over the entire investigation by Edmonson in a letter to Street.

The OIG report also said Browning authorized the sale of guns in violation of regulations. While law enforcement officers may purchase weapons being retired from service, non-law enforcement personnel are ineligible to purchase the weapons. Browning nevertheless authorized their sale to employees who were not commissioned law enforcement officers.

It was in the middle of the two concurrent investigations that Browning announced his “retirement” to accept a superintendent at an unnamed petrochemical plant in Ascension Parish only to return 12 days later with an $8,000 per year pay raise and complete exoneration from Edmonson even though the OIG’s report accusing Browning of suppressing the carnival ride investigative report would not be released for another six months.

But even though the OIG report would not be released until Nov. 13, 2012, someone must have had an inkling of what it would say for the wheels were put in motion by the administration mere days after Browning’s pay raise and return to work.

Joe Harrison (R-Napoleonville), State President of the American Legislative Exchange Council (ALEC), offered an amendment to House Bill 1, the state’s operating budget, to pull the $1.7 million appropriation for Street’s office, a move that would have effectively shut down its operations for the first time since it was created in 1988.

Wow, talk about reprisals! Harrison said the OIG was “pretty much redundant” and that its functions overlapped those of the State Police and the Attorney General’s office. The House Appropriations Committee apparently agreed, approving the amendment by an 11-4 vote.

But invoking the name of the State Police and the Attorney General as a justification for abolishing the OIG is hardly a sound argument given the performance of the State Police in its investigation of Browning and Edmonson’s thinly disguised attempt to pad his retirement benefits and the Attorney General’s oft-demonstrated reluctance to get involved in any investigation of wrongdoing on the part of state agencies other than jumping on board the FBI investigation of former Department of Health and Hospital (DHH) Secretary Bruce Greenstein.

While newspaper editorials and columnists and the Public Affairs Research Council came to the defense of OIG, Browning’s boss, Col. Mike Edmonson fired off a scathing, eight-page letter in which he vehemently attacked the OIG report and defended Browning unconditionally.

In our next installment, we will examine the political fallout from the OIG investigation initiated by a Jindal legislative ally as well as Edmonson’s response to that investigation which was hand-delivered to Street’s office and media comments supportive of OIG.

All in all, it’s just another behind-the-scenes look at how the administration attempts to shape and mold the legislative process to the benefit of Jindal and his appointees and to the detriment of anyone who happens to get in his way.

Timing, as they say in comedy, is everything.

And to be honest, we have no idea if Bobby Jindal, Governor of the State Denial, was trying to be funny this past week or if he is simply clueless.

We suspect the latter.

Jindal’s latest comedy tour began shortly after a comment about southern race relations by U.S. Sen. Mary Landrieu who is locked in a heated contest against U.S. Congressman Bill Cassidy in what has become one of the ugliest, most negative and vindictive campaigns on the part of both candidates in the last half-century.

The campaign’s mudslinging and misleading claims have sunk to such depths in fact, that voters appear to have turned on both Landrieu and Cassidy with equal disgust.

Landrieu, when asked why President Obama was so unpopular in Louisiana, responded, “I’ll be very, very honest with you. The South has not always been the friendliest place for African-Americans.”

That one sentence was likely the most accurate claim made in this entire election cycle—by any candidate in any race.

Yet, Jindal chose that remark as his cue to lambast Landrieu, calling her statement “remarkably divisive,” and adding, “She appears to be living in a different century. Implied in her comments is the clear suggestion that President Obama and his policies are unpopular in Louisiana because of his ethnicity. That is a major insult by Senator Landrieu to the people of Louisiana and I flatly reject it.”

Well, Governor, perhaps if you shut your eyes tightly and click your heels together, the old prejudices and bigotry will disappear. But, unfortunately, just because you close your eyes to something, it doesn’t mean it isn’t there. And those of us who get out into the real world as opposed to tightly controlled support groups understand this.

A good example of the mindset that still lingers fifty years after the Civil Rights Act of 1964 was handed to me on Monday, Oct. 13 when I went to check my post office box at the Denham Springs post office. A woman, probably in her late fifties or early sixties entered right behind me. Unlike me, she wanted to do business at the counter only to find it closed. I reminded her it was Columbus Day and her response was: “Well, that must be for Mr. Obama. They wouldn’t close it for anyone else.”

I never bothered reminding her that the post office has been closed on Columbus Day since long before Obama was ever born in Hawaii or Kenya or wherever it is they claim—from personal knowledge, obviously—that he was born.

So, what century is it in which you reside, Governor?

Not satisfied with making an absolute fool of himself in Louisiana by insisting from behind his rose-colored glasses that the South is devoid of racial tensions and that everything is just peachy, Jindal immediately made himself a national laughingstock by repeating his comedy act on twitter and on Faux News. “The only colors that matter are red, white and blue,” he deadpanned on Your World with Neil Cavuto, even expanding on Landrieu’s own words, misquoting her as “calling all of us in the south racists. We don’t think in terms of black and white, in terms of racial colors.”

She never accused “all of us” of being racist; she said the South has not always been the friendliest place for African-Americans. There’s a huge difference, Governor, and you, of all people, should know that.

Nevertheless, if there is a living, breathing person, white, black, brown, pink or green who can truthfully say he or she harbors no prejudices, I want to meet you. There is not a person alive who does not have his or her prejudices or biases. I have mine, you have yours. We have to admit that if we are totally and completely honest with ourselves. Virtually every one of us has told or listened to jokes about blacks, women, gays, Cajuns, Polacks, Asians, fat people, ugly people, short people, Catholics, Jews and Baptists. Did I leave out anyone? Oh, yes, the neo conservatives’ latest favorites to fear and loathe: Mexicans and Islamics.

Oh, man. So many people to hate and so little time. C’mon, Guv, you can’t arbitrarily call an end to discrimination yet. We’re just getting started. We haven’t even started on South America or Australia or Canada.

And as we said at the beginning of this diatribe, timing is everything. Among the comic strips that I read daily online is one called Candorville. Today’s (Sunday) strip was particularly well-timed given Jindal’s proclamation of racial bliss and harmony:

(CLICK ON IMAGE TO ENLARGE):

JINDAL'S VIEW ON RACE

 

“The integrity of the Office of State Fire Marshal is one of my top priorities. It’s what the public expects.”

—State Fire Marshal Butch Browning upon his reinstatement by Department of Public Safety Deputy Secretary Mike Edmonson—with an $8,000 per year raise in pay—just 12 days after his “resignation” in the midst of two state investigations into allegations of fraud and mismanagement.

Given the chance, a reality TV show profiling our state elected officials and political appointees would surely eclipse Duck Dynasty in the ratings—except viewers outside Louisiana would swear the stories were nothing but lowbrow fiction.

When Gov. Bobby Jindal announced the appointment of Butch Browning as State Fire Marshal shortly after taking office in 2008, for example, it turned out to be one of a series of appointments that have come back to embarrass the administration [aside from the fact that the administration appears immune to embarrassment]. Yet, as with almost all the other poor choices, he is resistant to making needed changes in leadership—thereby solidifying his image as a Stand by My Man governor.

The lone exception to that mindset is Bruce Greenstein, former Secretary of the Department of Health and Hospitals—but that dismissal came only after word leaked out of a federal investigation of possible improprieties surrounding a contract Greenstein awarded to his former employer.

While Troy Hebert, Director of the Office of Alcohol and Tobacco Control (ATC) and State Police Superintendent Mike Edmonson have garnered the lion’s share of negative attention, Browning, for the most part, has managed to fly beneath the radar despite several events that occurred during his watch that probably should have demanded closer examinations and, in just about any other administration, dismissal.

Over the next few days, LouisianaVoice will be conducting the scrutiny that Jindal obviously eschews as we look at some of the eye-opening events and practices within the State Fire Marshal’s office.

Browning was appointed on March 8, 2008, barely a month after Jindal began his first term. “Ensuring the safety of Louisiana children and families is an incredibly important mission and the state has benefitted from his leadership, knowledge and service,” Jindal said in a canned press release at the time.

Browning began his public career as a deputy sheriff for East Baton Rouge Parish in 1986 and was named Gonzales Fire Chief in 1998.

“I passionately share the vision of Gov. Bobby Jindal and Col. Mike Edmonson to come together as one,” he said somewhat prophetically at the time of his appointment.

Browning managed to keep his nose relatively clean for a couple of years but in mid-April of 2012 Browning resigned, albeit briefly, in the midst of a pair of simultaneous investigations of his office to accept a job in an area plant, saying the offer was “too good to pass up,” only to return—with a substantial raise in pay—less than two weeks later.

His brief retirement and return just happened to coincide with an investigation launched that, oddly enough, Browning claimed later to be unaware of and which prompted efforts in the Legislature to abolish the investigating agency, a subject to which we will return later in this series. It’s all part of the surreal Louisiana political atmosphere to which we seem to have become inured.

His problems actually originated when the Metropolitan Crime Commission in New Orleans forwarded allegations of mismanagement and fraud against Browning in late 2011.

Among those allegations were claims that Browning’s employees traveled to Tuscaloosa, Alabama, in May of 2011 as one of many recovery teams dispatched there following a series of deadly tornadoes. Those employees, the accusations said, were instructed to bill the Federal Management Emergency Administration (FEMA) for 18-hour work days. The complaint said the hours were billed even though the employees took two days off to attend LSU-Alabama baseball games. It also said that while FEMA did not pay the firefighters, the state did. FEMA, however, was unable to confirm whether or not it had paid the firefighters.

Two other allegations accused Browning of suppressing a finding that a certificate should not have been issued by one of his inspectors for a carnival ride on which two teenagers were subsequently injured and that he paid two members of his office to serve as drivers and security for attendees to a National State Fire Marshal’s conference in New Orleans.

Meanwhile, it was learned that Browning was making public appearances in his dress uniform, complete with military medals from World War II and the Korean War—except for one inconvenient little oversight: he never even served in the military, much less served in either of the two wars. In fact, he wasn’t even born until well after the conclusion of both wars.

BUTCH BROWNING

Browning proudly wears military medals in this file photo.

There also is the pesky federal law called the Stolen Valor Act, which makes it a federal misdemeanor for anyone to wear military commendations they did not earn.

That brought the wrath of veterans down upon Browning. “We take pride in what we wear,” said one Marine officer. “Marines don’t hand out ribbons like candy. You have to earn it.” A couple of others called his wearing the medals and ribbons “disrespectful” and U.S. Rep. Steve Scalise (R-New Orleans) said, “There’s nothing more disgraceful than trying to present yourself as someone who served in the military when you didn’t.”

“We’ve been informed that Mr. Browning never served in the military, yet he was wearing military ribbons awarded to every branch of the military service that span World War II, the Korean war and the Kosovo campaign,” said Rafael Goyeneche, President of the Metropolitan Crime Commission who called Browning’s wearing the ribbons “problematic.”

Every branch of the military service? Well, at least he was an equal opportunity fraud, though he did explain that he received the ribbons from the Gonzales Fire Department where he served as chief before his appointment to the State Fire Marshal’s post by Jindal.

On April 18, 2012, Browning, while denying that he was the target of any investigation, suddenly announced his “retirement,” saying he was accepting a job offer as a superintendent at a petrochemical plant in Ascension Parish that he described as “too good to pass up.” His resignation was effective immediately, he said.

But passion apparently trumped too good to pass up for on April 30, just 12 short days later, he was reinstated as he gushed, “my passion is public service.”

But his return reportedly presented a problem. Sources told LouisianaVoice that when he resigned, he was paid for 300 hours of unused annual leave, or about $13,000. When he returned, he was required to repay the money but those same sources said he no longer had the money.

But records show that State Police Superintendent Mike Edmonson, who doubles as Deputy Superintendent of the Department of Public Safety (DPS) and apparently as DPS problem solver, simply bumped Browning’s salary by $8,000 per year, from $92,000 to $99,000 even though he returned at the same Assistant Secretary position as before—apparently so he could afford to repay the $13,000. How many of us would quit our jobs for 12 days in exchange for an $8,000 raise in pay?

Problem solved.

Well, not quite.

While Edmonson was laudatory in welcoming Browning back into the fold, Goyeneche was not nearly so forgiving of Browning—or of Edmonson, for that matter—and the political fallout was almost instantaneous.

Edmonson, metaphorically spreading rose petals in Browning’s path, said the DPS Internal Affairs Section had investigated the allegations and found “no factual evidence” to support the claims. “That investigation has shown me that Butch did not abuse his power or violate the public trust,” he added.

This from a man who, only two years later, would attempt to engineer a lucrative $55,000 a year increase to his own retirement through a furtive, last-minute amendment to an otherwise unrelated Senate bill steered past an unsuspecting and distracted legislature in the closing hours of the 2014 session—with the abetting of Gov. Bobby Jindal and the author of the amendment, State Sen. Neil Riser (R-Columbia).

Edmonson said Browning’s worst sin was to sign papers as a matter routine but which he did not thoroughly read but which were done with no criminal intent or fraud. He said he told Browning he wanted him back on the job—apparently sans military decorations—after an “outpouring” of public support.

Goyeneche, meanwhile, was livid and described the expedited exoneration of Browning as “Louisiana politics at its worst” (see the LouisianaVoice masthead) and unconscionable. “I think this is a political decision and not a decision based on its merits as Fire Marshal,” Goyeneche said. “If the standard is going to be whether Butch Browning broke the law then this is a sad day in Louisiana. State police make decisions every day to discipline officers on administrative issues and this is someone who has made several managerial blunders.”

Browning, for his part, said he welcomed input that would result in positive changes. “The integrity of the Office of State Fire Marshal is one of my top priorities,” he pontificated with self-puffery. “It’s what the public expects.”

In the coming days, we will examine how Browning, with a little help from his friends, manages to continue to survive integrity breaches and how a critical report by one state investigative agency result in a legislative effort to abolish the agency—kill the messenger, as it were—rather than consider correcting deficiencies investigators cited in Browning’s office.

 

In proofreading my last post (after it went up, of course), I found an inordinate number of typos, deletions, etc. I suppose I shouldn’t write when I’m so tired and sleepy.

Anyway, for a cleaner copy, please click on https://louisianavoice.com/

I went back in and edited and while I’m not guaranteeing it’s perfect, it’s got to be better than the original.

Thanks for understanding.

Tom