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August 14, 2014

Felps caves immediately to Kennedy's FOIA, and the report becomes available to the public at large.

Highlights:

===>  Act 859 unconstitutional on multiple fronts (dual object, no prior notice/advertising, amendment not germane).

===>  Recommendation:  Do NOT initiate litigation to have Act 859 declared unconstitutional.

===> Instead, if Edmonson or Boquet (other impacted trooper) apply for benefit(s), refuse to pay benefit(s) based on report's findings.

===> If Edmonson or Boquet sue to enforce, have Louisiana Attorney General foot bill to defend State (i.e. avoid costs of litigation to LSPRB).

For a more in-depth coverage of the legal report, read Tom Aswell's post on the matter, including unconfirmed speculation that Morrell may have been forced to "hijack" his bill to the conference committee to appease Edmonson and crew!

Report recommendation NOT to litigate notwithstanding, clearly the proper action for the LSPRB to take is to litigate the matter irrespective of the attorney report recommendation; furthermore, even Col. Edmonson appeared to support this approach as he indicated he would "ask the LSPRB to take whatever steps are necessary to have the law declared unconstitutional."    That can really only mean one thing:  initiate a lawsuit for declaratory judgment in 19th JDC.  Col. Edmonson chose to make a few other remarks in the article linked above which, in my humble opinion, don't advance his public perception, but he certainly has every right to express such sentiments.  Edmonson's quote in the article about getting the LSPRB to "take whatever steps are necessary to have the law declared unconstitutional" notwithstanding, his boss, Gov. Jindal, would, on Tuesday, August 19, 2014, throw cold water on that idea and relay, "the Legislature should solve the problem by repealing the act."