With Braxton, Derbonne as roadkill & taxpayers out significant legal fees, Louisiana State Trooper Association gets First Circuit to green light ability to engage in political activities.

Louisiana State Trooper Association (LSTA) attorney, Floyd Falcon, at the February 8, 2018 meeting of the Louisiana State Police Commission (LSPC), emphasizes that the LSTA has a “Constitutional Right” to engage in political activity and added, “just like the Sheriffs do.”

Well, to say that the LSTA has gone to the proverbial mat to ensure that it is able to engage in political activities (including making political campaign contributions) would be no exaggeration whatsoever.

As long-time visitors to our site know by now, when we need to present a significant amount of material spanning a rather protracted timeline, we like to utilize tables, and that’s what we’re going to do for this feature.

With that, here is a table of the timeline of events transpiring entailing the LSTA’s relentless pursuit of its “Constitutional Right” to engage in political activities:

Date or Timeframe of Significant EventNature of Significant Event
June 10, 2015.Then-Gov. Bobby Jindal appoints Natchitoches business man Calvin Braxton to the Louisiana State Police Commission (LSPC).
September, 2015.Several retired LSP Troopers make note of a television campaign ad for then-Gubernatorial candidate John Bel Edwards with the notation that the ad was, "Paid for by the Louisiana State Trooper's Association."
Late 2015.Multiple retired LSP Troopers voice concern to the then-LSPC Executive Director, Cathy Derbonne, that they do NOT want their dues being utilized to pay for political activity and campaign ads. Some of those retired Troopers reduce their concerns to writing as formal complaints to the LSPC regarding their concerns.
December 4, 2015.LSP Trooper Jayson Linebaugh pulls over LSPC Member Braxton's daughter for DWI.
Early 2016.Braxton agrees to work with Derbonne on the campaign contributions issues. Derbonne, in turn, tells the retired Troopers that she will contact Jay Dardenne, Gov. Edwards' then-Head of the Division of Administration, for guidance on handling the complaints.
Early to Mid 2016.Derbonne advises that Dardenne told her to turn the entire matter over to the Louisiana State Board of Ethics. Also, at the suggestion of Braxton, Gov. John Bel Edwards' Super PAC Head, T. Taylor Townsend, is hired by the LSPC for a flat fee of $75,000 to research the campaign contribution matters and issue a report of his findings. Townsend would later agree to accept only $50,000 for his work but never issued ANY written report and only stated orally that he did not believe the LSPC had jurisdiction to handle the matter.
Early to Mid 2016.LSTA top brass, in apparent extreme anger over the actions of the retired Troopers, expels four (4) such Members from the organization: 1) Leon "Bucky" Millet, 2) Jesse Scott Perry, 3) Tanny DeVillier (father of the Speaker of the Louisiana House of Representatives, Phillip DeVillier), and 4) Blaine Mott.
June 2, 2016 (a stunning 181 days after the incident on 12/4/15).Then LSP-Captain (Troop E) Jay Oliphant authors this incident report essentially stating Braxton is an egotistical, arrogant, power-hungry individual willing to throw his weight around to obtain special treatment for his family (namely his daughter). According to court filings, Oliphant subsequently testified under oath that he was approached by the LSTA to author the report, "to facilitate the removal of Calvin Braxton from the LSPC."
June 24, 2016.At the LSTA convention in Lafayette, open outcries are allegedly made for Cathy Derbonne, former Executive Director of the LSPC, to be terminated. LSP Trooper T. J. Doss is alleged to have said, "What we have to do is get me elected to the LSPC to assist with getting her fired."
July 16, 2016.LSTA attorney Floyd Falcon sends Gov. Edwards this letter calling upon Edwards to initiate proceedings to remove Braxton from his LSPC position.
July 19, 2016.Ronnie Jones, Gov. Edwards' former Gaming Control Board Chairman, while on a conference call, allegedly states that, "Gov. Edwards' office has told Derbonne to 'shut the f--- up.'" (About alleged illegal campaign contributions to Edwards' and other campaigns by the LSTA).
November 9, 2016.The Louisiana State Board of Ethics, acting on a filing by Derbonne with that agency, imposes this $5,000 fine on the LSTA for the campaign contributions.
January 7, 2017.With T. J. Doss having been elected by Troopers to the LSPC and subsequently being named Chairman of the LSPC, Sound Off Louisiana initiates coverage of LSPC Meetings, with such coverage continuing through to this day. Derbonne, with Braxton voting "no" on acceptance, tenders her resignation from the LSPC which, in turn, votes to "accept" that hurriedly-slapped-together, on-the-fly resignation letter. Derbonne has asserted that the resignation letter was strong-armed out of her in a closed-door LSPC Executive Session minutes before the letter was drafted.
Early 2017.Jay Oliphant, author of the 6/2/16 incident report referenced above, makes this Facebook post expressing concerns for the safety of himself and his family entailing Braxton.
June 19, 2017.LSTA attorney Floyd Falcon sends Gov. Edwards this follow-up letter asking him whether he (Edwards) is going to proceed with measures to remove Braxton from the LSPC.
July 17, 2017.Fox8 (New Orleans)'s Lee Zurik broadcast this feature wherein Braxton is confronted head-on about Oliphant's incident report referenced above. Zurik's feature is soon followed by this WWL-4 feature. (See our most recent feature for more details.)
July 21, 2017.Braxton "resigns" from LSPC. [Note: Our public records request of Gov. Edwards' office for a signed resignation letter was fruitless, with his office supplying only a news release that Braxton had "resigned."]. Braxton would later testify, under oath, that he "never" resigned from the LSPC and that, instead, then-State Rep. Katrina Jackson (now Louisiana Senator) drafted a resignation press release without his authorization or signature and supplied it to then-Gov. Edwards for his use as he saw fit.
January 9, 2018.Derbonne files this "constructive discharge lawsuit" against the LSPC. Note: Judge Morvant tossed the suit based on Derbonne as an employee having no whistleblower protection. Derbonne appealed to the First Circuit, which overturned Morvant's ruling and remanded the case back to Morvant. The LSPC then appealed to the Louisiana Supreme Court, which declined to hear the matter.
February 8, 2018.LSTA makes plea before the LSPC for it to give a green light to political contributions, even using representatives of child cancer organizations to plead with commissioners for such contributions to be approved by the LSPC.
May 10, 2018.Braxton sues the LSTA and Jay Oliphant for defamation alleging that the incident report of 6/2/16 above is a fabrication.
May 17, 2018.WWL-TV in New Orleans airs this May 17, 2018 feature on Braxton's defamation lawsuit against the LSTA and Jay Oliphant. NOTE: See our most recent feature to see the WWL TV video.
August 15, 2018.LSTA sues the LSPC stating that the restriction imposed prohibiting it from making political contributions is "unconstitutional." NOTE: Sound Off Louisiana is the ONLY media outlet to even report on this lawsuit's existence.
February 21, 2020.Braxton adds LSP to his LSTA civil lawsuit stating that he has been "falsely accused of murder." LSP, through the legal services of Ben Mayeux, would successfully defend Braxton's adding of LSP as Defendant via LA CCP Article 971 and ultimately even obtain a judgment against Braxton for $50,000+ of LSP legal fees defending the matter. [Note: Braxton appealed to the Third Circuit Court of Appeals, which affirmed the trial court's granting of LSP's legal fees, after which Braxton appealed to the Louisiana Supreme Court, which declined to accept his Writ application.]
May 15, 2020.LSTA adds Jason Hannaman, Derbonne's successor, as defendant alleging liability for having drafted and having distributed a circular prohibiting political campaign contributions.
February 14, 2021.Judge Johnson issues this ruling drafted by LSTA attorney Floyd Falcon denying LSPC's Exceptions to the LSTA lawsuit on political contributions, thus permitting the litigation to continue.
August 16, 2021Derbonne opts to settle her lawsuit against the LSPC with the final cost to taxpayers, including court costs, legal fees, and Townsend's $50,000 contract, estimated at $273,000.
November 3, 2022.LSTA v. LSPC trial conducted before 19th JDC Judge Donald Johnson, who ultimately ruled in favor of LSPC and against LSTA. One key witness for the LSPC, Jesse Scott Perry, one of the original retired Troopers who filed a complaint, essentially blew up in the LSPC's face as he provided testimony TOTALLY sympathetic to the LSTA and, despite false representations which fellow retired Trooper Leon "Bucky" Millet claims Perry made to him that he would be a highly effective witness for LSPC, Millet could only wonder if Perry had been conning him for a protracted time secretly trying to assist the LSTA, which Perry admitted under oath that he very much wanted to rejoin and indicated they would allow him back with full membership, "dependent upon the outcome of this litigation."
Early 2023.LSTA appeals LSPC's win to the First Circuit Court of Appeals
Approximate January and April 2024.In what some attorneys have called "bizarre," First Circuit has LSPC and LSTA attorneys pose oral arguments not once, but twice, in front of two sets of First Circuit Judges which differed in composition.
Thursday, January 30, 2025.Louisiana First Circuit Court of Appeals issues this decision reversing Judge Johnson's granting of a Declaratory Judgment to the LSPC and instead granting the Declaratory Judgment sought by the LSTA at the outset of the litigation on August 15, 2018.

We aren’t going to say much about the First Circuit’s decision other than to  note the fact that, as we state in the table, some attorneys have seemed taken aback by the fact that oral arguments were posed before two sets of First Circuit Judges.

Judge Hunter Greene wrote the decision for the majority; however, Judge Walter Lanier, who is the same Judge who was called upon to consider Judge Vincent Borne’s authoritative declarations that he’d impose sanctions against Billy Broussard and who referenced Borne’s wording as “artful,” opted to, “agree in part and dissent in part.”  From Lanier’s supplemental filing accompanying the main ruling:

I further disagree with a blanket declaration that management of the LSTA does not violate the Louisiana Constitution or LSPC rules. I believe management of the LSTA may very likely run afoul of the Louisiana Constitution or the LSPC rules regarding prohibited political activities and could expose the individual board member to sanctions.  See Kenner Police Dept. v. Kenner Mun. Fire & Police Civ. Serv. Bd., 2000-1080 (La. App. 5 Cir. 1/23/01), 783 So.2d 392, writ denied, 2001-0487 (La. 4/20/01), 790 So.2d 635.

I believe that as a classified member of the State Police Service, a board member of the LSTA who moves for and votes to make a contribution to a political candidate is in violation of the Louisiana Constitution and LSPC rules. Short of abstaining from the vote, it would appear that any vote in support of or vote in opposition to a candidate receiving funds or endorsements would be a clear violation.

As these cases tend to be very fact sensitive, I believe that any potential violation of the Louisiana Constitution or LSPC rules is better addressed on a case­ by-case basis rather than by making a broad declaration of approval of general behavior.

Judge Tess Stromberg also shared Judge Lanier’s concerns referenced above.  We would also note the full-blown dissent of Judge Mitchell Theriot.  From that dissent:

Per the parties’ stipulations, the LSTA has as its members over 90% of all Louisiana state police troopers and a majority of state police trooper retirees. The majority’s holding allows individuals expressly prohibited by La. Const. Art. 10, § 9 from participating or engaging in political activities to openly undertake such conduct under the guise of a legal entity. In other words, the legal entity has more rights than the individual. This is particularly concerning when the legal entity’s membership is almost entirely comprised of individuals who cannot themselves exercise the rights being exercised by the legal entity. I find that such a holding leads to an absurd result. I fail to reach the conclusion that a legal entity comprised almost entirely of civil servants can have greater constitutional rights than the individual civil servant.

I also agree with Judge Lanier’s finding that”[m]embership in or management of the LSTA does not exempt the individual member from the obligations imposed by the Louisiana Constitution or the LSPC rules.” Each case should stand on its own merits and courts should be hesitant to rule in one broad stroke. However, I would go one step further and affirm the trial court’s ruling in its entirety.

We may be wrong, but it’s our belief that, with the First Circuit’s ruling, the LSTA has gotten what it sought from the outset even with the caveats that several judges provided wording that, in theory at least, may still leave the door open for possible pursuit of an individual violation by a sitting Board Member of the LSTA.

As such, we don’t expect any appeal by the LSTA to obtain an even stronger and unanimous ruling from the Louisiana Supreme Court.

Furthermore, it’s our opinion that the present composition of the LSPC is going to be disinclined to appeal this defeat to the Louisiana Supreme Court as well.

We say that because, in our opinion, the LSPC is now comprised of Members who will be LSTA sympathetic rather than LSTA antagonistic.  These Members are Governor Jeff Landry’s hand-chosen Members, and Landry has made it clear that he, “has the backs of law enforcement, no matter what!”

The one Edwards holdover, Mark “Aubrey” Cole, is himself a former Troop I Director of the Louisiana State Trooper Foundation, so he likely gets to hold onto his seat.  For the record, Robert Burns (the Trooper, not Sound Off Louisiana founder) is President of the Trooper Foundation, and perhaps that may explain his rapid rise to the second-highest rank in LSP of Lt. Colonel after Col. Hodges’ recent promotion of Burns to Chief Administrative Officer.

So, the LSTA is now free to engage in political activity and, unless we’re wrong about the LSPC’s current temperature on the matter, we don’t see that changing via the Louisiana Supreme Court overturning the First Circuit because we expect no appeal to be filed by either litigant.

All we can ponder is the massive amount of money this pursuit, when combined with the “spinoff suits” of Derbonne and Braxton,  has cost taxpayers.  First, there’s the $273,000 for the Derbonne litigation.  Then there’s the litigation costs of the LSTA v. LSPC matter and, once the window for appeal has lapsed, we’ll make public records request to obtain an estimate of the cost of that litigation.

Then there is the expected massive cost to taxpayers of the Braxton litigation since taxpayers had to pay while LSP was Defendant and also because then-LSP LTC Oliphant was originally named in the litigation.  If anyone may think those costs aren’t going to add up to a very significant amount of money, we would suggest taking just a few moments to pull up a few of the depositions taken just through late 2021!

Finally, in speaking with one long-time retired LSP Lieutenant, he openly wonders if the LSTA will disclose to its Membership and the public at large the amount of dues and general public support contributions which are spent on political campaigns each year now that there appears, for all intents and purposes, to essentially be no restrictions on the entity’s ability to engage in such acts.

Our final observation is that we totally concur with LSTA Attorney Floyd Falcon when he says the LSTA should be able to conduct themselves entailing political activity, “just like the Sheriffs do.”  We will add, however, that, just like Judge Theriot, we would go one step further in abolishing the LSPC altogether and going to at-will employment not only for LSP Troopers but for all State employees.  In other words, we would make LSP Trooper employment truly just like employment of Deputies serving under the Sheriffs!

What has become increasingly apparent to us is that the Louisiana Civil Service systems have enabled incompetence to thrive among its employees under its control to include a staggering number of Troopers who drive around drunk and engage in many other reckless acts for which an ordinary citizen would face immediate termination and be out on the streets with no job recourse whatsoever!  Nevertheless, these “special” folk, to quote the word from former Col. Lamar Davis, have all these “rights” that make an absolute mockery of any accountability whatsoever to the public whom they ostensibly serve.

What that would mean is that LSP Col. Robert Hodges (and whoever would succeed him thereafter) would have the sole and exclusive word on discipline to include termination and, short of the ability to prove discrimination based on age, race (and we include Caucasian in that category), sex, or membership to any other “protected class,” his word is final and constitutes the end of the matter.

That would mean that any Governor appointing an LSP Colonel would need to make an effective choice, and he would need to ensure his choice is one who would not “play favorites” (which has been extensively alleged to have transpired for the last four LSP Colonels), and to appoint one who would demonstrate true accountability both to his or her subordinates as well as to the public at large.  It’s our sad duty to report our observation that there is precious little of the latter when it comes to Louisiana State Police. Further,  we can only openly wonder if this First Circuit ruling may serve only to exasperate the frustrations felt by so many members of the public who believe they receive almost no accountability for the significant amount of taxpayer resources they devote to LSP’s operations.

Through recent Executive Orders by President Donald Trump, he seems to have a genuine desire to purge the Federal workforce of folk who either aren’t accountable or are downright inept, of which we’ve noted no shortage of folk at LSP.

Maybe Gov. Landry may be inclined to do like Trump and initiate at-will  employment among State employees and LSP Troopers.  Given the opposition he would undoubtedly face (even if Trump were to say, “It’s the right thing to do, Jeff!”), our prediction is that he would repeat his time-worn slogan to law enforcement that, “I’ve got your back no matter what,” and totally cave to that opposition.  If so, that is likely to mean incompetence and reckless Trooper behavior is likely to continue unabated as it has for years, especially if the tag team of Hodges and Besson find creative ways to sweep it all under the rug without the public ever even finding out about it.

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