Wednesday, July 27, 2011
By Walter Pierce
Could The Independent’s reporting on the Gachassin saga be criminal? Evidently ... maybe.
As we acclimate ourselves to our stay in Bizarro-ville complements of a mercurial developer’s billboards comes a subtle warning from the former head of the Louisiana Ethics Board, now a private attorney, informing The Independent that we could — maybe, possibly, conceivably — be in jeopardy of running afoul of a provision in state law designed to protect individuals facing investigation by the Ethics Board.
Baton Rouge lawyer Gray Sexton served four decades as the chief administrator of the board before turning his expertise in gold standards into a lucrative post-administration job defending high-profile public figures including Baton Rouge Mayor Kip Holden and others against ethics charges before the agency he once headed. If you have the money, Gray’s your guy.
Greg Gachassin has the money.
The Lafayette mortgage company owner turned low-income housing developer, a frequent flyer in the pages of this newspaper since the Lafayette Housing Authority debacle spread its sodden tail feathers last summer, has retained Sexton’s services in an apparent effort to attenuate our aggressive reporting on Gachassin’s questionable ethics.
On Monday of last week, I received a letter from Sexton on the letterhead of his firm, Sexton-Hebert, citing a section of Louisiana Revised Statute 42: “It shall be a misdemeanor, punishable by a fine of not more than two thousand dollars or imprisonment for not more than one year, or both, for any member of the board, its executive secretary, other employee, or any other person, to make public the testimony taken at a private investigation or private hearing of the board or to make any public statement or give out any information concerning a private investigation or private hearing of the board without the written request of the public servant or other person investigated.”
Sexton urges The Ind to proceed with caution: “Prior to this correspondence, you may not have been aware of the criminal statute contained in the Ethics Code,” the counselor writes. “Now that you are aware of it, I trust that you will be mindful and respectful of the confidentiality provisions contained in the Ethics Code if you report any stories in the future about Mr. Gachassin.”
Gachassin’s attorney singles out our INDreporter blog from the previous week in which Editorial Director Leslie Turk reports that the Ethics Board was scheduled to hear “at least two related complaints” against Gachassin — one filed by an anonymous Lafayette resident; the other by state Rep. Rickey Hardy, the latter of whom was instrumental in exposing the LHA’s dysfunctional and possibly criminal operations. Specifically, Sexton takes issue with The Ind quoting a portion of what Hardy wrote in his complaint to the Ethics Board urging it to investigate Gachassin.
“Some of the information that has been provided to Ms. Turk is confidential information pursuant to the Ethics Code and this information has been improperly provided to Ms. Turk,” Sexton writes.
In fact, this newspaper referenced Hardy’s complaint as early as May 9 of this year, lifting what was essentially the introduction of his letter to current board administrator Kathleen Allen.
In parsing the language in R.S. 42, we find it to be broad at best, if not vague. Sexton was cordial in a follow-up call late last week: “We don’t want to cause you guys any grief; we would just appeal to you to stop publishing articles that contain confidential and private information concerning the actions of the Ethics Board,” Sexton says. “Greg may very well take some action against the quote complainant end quote, but as far as you guys are concerned, we would just appeal to you to stop doing it.”
Our problem with the law, Sexton’s civility notwithstanding, is that this newspaper’s reporting on Gachassin has been preliminary to any hearing by the Ethics Board concerning Gachassin. Indeed, we reported that a hearing would take place, but we’ve reported nothing — no testimony, no evidence, nothing — related to a hearing or an investigation.
That, says Ryan Brown, attorney for the Louisiana Press Association, is a noteworthy distinction — with a caveat: “My recommendation would be, if you print the fact of procedurally what’s going on and you leave the reader to make their own conclusion, I think you’re OK, without getting into any invasion of privacy issues,” Brown says. “But in the legal world, a lawsuit can be filed on any day for any reason.” Hardy’s complaint to the board was the direct result of reporting this newspaper did on Gachassin based on public records, particularly those of the Lafayette Public Trust Finance Authority, for which Gachassin served as chairman at the same time he signed on as a paid consultant on housing projects being funded in part by the LPTFA — a fairly clear violation of state ethics law in our estimation and, based on his complaint, in Hardy’s as well. The state rep references Turk’s reporting in his letter to Allen. The Louisiana Code of Ethics specifies that someone who serves on a board or commission such as the LPTFA is prohibited from doing business with the entity until two years after leaving it. Gachassin, the records show, didn’t even bother to formally resign before signing on as a paid consultant for two federally funded low-income housing tax credit projects in north Lafayette: the single-family development Villa Gardens and the elderly apartment complex Cypress Trails.
But that’s old news. And so is newspapers reporting on the filing of ethics complaints. A quick Google search turns up several examples of Louisiana news media informing the public that a complaint has been filed. Our friends at The Daily Advertiser did it as recently as Tuesday of last week in a story on Gachassin.
Sexton’s successor at the Ethics Board, Allen, was of little help, pointing out that board members and staff are prohibited from discussing complaints and, moreover, it would be the district attorney who decides whether a newspaper writer or editor — or anyone for that matter — has committed a misdemeanor.
So, where does that leave us?
Evidently, reporting that complaints against Gachassin had been filed, which we did, might have been a crime. Reporting that a hearing was scheduled, which we did, might have been, too. And reporting that an investigation is under way — and we’re not saying that’s the case — could be as well.
It’s a tricky strait to navigate even for Gray Sexton, the former chief administrator of the Louisiana Ethics Board: “I guess it would be my thought that you would want to refrain from publishing articles that comment on the fact that apparently the Ethics Board is conducting an investigation of Greg and the LLC that he owns.”
He said it, not us.
With six of the LPSB’s nine members poised for Pat Cooper’s termination, a request was filed Tuesday for a fast-tracked hearing on the federal lawsuit calling for the disqualification of two board members from voting on the matter due to bias.
A few of my favorite things
Louisiana's Republican Party has filed a complaint against Democratic U.S. Sen. Mary Landrieu with the Senate's ethics committee about her use of private chartered planes.
Acadiana's nightlife guide.
An attorney signs up to run against LPSB's Mark Cockerham, and within a week a lawsuit is filed by a former LPSS employee in an attempt to disqualify him. Coincidence?
According to Gov. Bobby Jindal, President Barack Obama needs to stop talking about “justice” and start murdering people, even if we have to go alone.
A replacement is expected by January to fill the vacancy left when Greg Roberts resigned after allegedly pointing a fake gun at an engineer during a June meeting.
The Ragin’ Cajuns got off to a superb start Saturday night, and the Human Jukebox made the soaked season opener even sweeter for the third-largest crowd in Cajun Field history.
The Louisiana health department will follow a federal judge's order and refrain from immediately penalizing doctors who are trying to comply with a new abortion law that requires them to obtain admitting privileges at a local hospital, a spokeswoman said Monday.
Halliburton says it has agreed to pay $1.1 billion to settle a substantial portion of plaintiff claims arising from the 2010 Gulf of Mexico oil spill.
While bogged down with qualifying candidates last month, Secretary of State Tom Schedler didn’t lose sight of the true endgame coming in November and December.
Tuesday's Blogs from the Bog!
Stoned driving a concern when pot is legal; Detroit's bankruptcy trial; speed trap scandal in Florida and more national and international news for Tuesday, September 02, 2014.
A federal jury found attorney Daniel Stanford guilty Friday afternoon on eight of 13 counts for his role in the Curious Goods conspiracy.
Lafayette City-Court Judge Francie Bouillion has served on the bench for two decades since winning a special election to replace Judge Kaliste Saloom when he retired in 1994.
The Houston firm said Friday in its weekly report that 1,575 rigs were exploring for oil and 338 for gas. One was listed as miscellaneous. A year ago there were 1,776 active rigs.
A crew began erecting the 25-foot mini-wheel late morning Friday in anticipation of the evening’s Hottest Night of the Year party at the park.
Frances Boothe of Nunez, who also happens to be filmmaker Stephen Meaux’s grandmother, prepares a cool-weather fave.
The magazine's senior football writer also predicts a break-out year for Saints fourth-year running back Mark Ingram.
New Iberia colonial or Broussard traditional home
The LPSB is poised and ready to move forward with the termination of Pat Cooper following a discussion Thursday with the attorney hired for the investigation of the superintendent, but a decision of this magnitude should be left up to the new board seated in January, especially with three pro-investigation board members bailing out come the new year.
Fiery style for game day
Acadiana's nightlife guide.
Gulf Coast ceremonies marking the ninth anniversary of Hurricane Katrina have begun.
The Louisiana Department of Wildlife and Fisheries says there is little known about the effects of tiger prawns on indigenous Louisiana shrimp. But, officials say the reports they're seeking will help state biologists monitor the distribution of the prawns and determine the possible presence of spawning populations.
Baltimore Ravens coach John Harbaugh rested his regulars and watched with delight as Ray Rice's backups ground out 214 yards rushing in a 22-13 victory over the New Orleans Saints on Thursday night.
High-profile criminal defense attorney Daniel Stanford awaits his fate in the Curious Goods conspiracy trial.
The Louisiana Department of Wildlife and Fisheries is set to put the kibosh on the legal ownership of monkeys trained to help the disabled, and the agency wants to know what you think.
A federal judge on Thursday asked lawyers battling over Louisiana's new, restrictive abortion law for an agreement that apparently could let clinics stay open — at least for a while — after the law takes effect Sept. 1.
Three bedroom Port Barre cottage or three bedroom historic district Opelousas home