* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] I LIKE TO CALL TO ORDER THE MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD TIME IS NOW 10 10. UM, [1. Roll Call] CAN YOU CALL THE ROLL FOR US? UH, SURE. I GUESS I'LL CALL THE ROLE. UH, MR. PRESS ROBINSON, PRESIDENT MS. SHARON LEWIS, MR. JOHN LEWIS, JOHN SMITH, JOHN SMITH. I'M SORRY, I'M PRESENT. AND MR. JOHN DIRTIER, MR. BRANDON WILLIAMS, RESIDENT AND MYSELF DASHER WITH DARA IS PRESENT. OKAY, WELL, LET'S MOVE FORWARD. UH, MOVING ON TO ITEM NUMBER TWO, RE REVIEW AND APPROVE. OH, I'M SORRY. [~ Opportunity for Public Comment ~] OPPORTUNITY FOR PUBLIC COMMENT TO YOU. GOOD MORNING, MS. I JUST, UH, 300 ABOUT YOU HAVE TWO MINUTES. TURN YOUR MIC ON T IS IT OKAY? IS THAT BETTER? ALL RIGHT, THANK YOU. ALL RIGHT, SO GOOD MORNING. MY NAME IS JENNIFER CARR WHILE I'VE BEEN ATTENDING THESE MEETINGS SINCE 2017, AFTER WATCHING OUT STERLING BEING KILLED, UH, I WANTED TO UNDERSTAND WHO IS POLICING THE POLICE. UH, SO I DECIDED TO FOLLOW THESE MEETINGS. UM, AND SINCE I STARTED, THERE ARE MANY PRACTICES, UH, THAT HAVE BENEFITED FROM PUBLIC SCRUTINY BECAUSE WHEN I FIRST STARTED, THERE WAS NO PUBLIC COMMENT. UH, THERE WERE NO STANDARDS OF WHO COULD BE ON THE BOARD. UM, AND SO I THINK, UH, IT'S IMPORTANT WHEN WE LOOK AT, UM, WHAT THE BOARD DOES THAT WE GO AND LOOK AT THAT GUIDE, YOU KNOW, YOU HAVE YOUR QUICK START MANUAL AND THE GUIDANCE MAKE SURE THAT YOU ARE FOLLOWING THE RULES. THERE WAS A LONG PERIOD OF TIME WHERE I DON'T THINK A WHOLE LOT OF PEOPLE LOOKED AT IT VERY CAREFULLY BECAUSE NOBODY WAS WATCHING AND NOBODY CARED. AND NOT THAT NOBODY CARED, BUT IT, IT, IT, IT WAS BUSINESS AS USUAL PEOPLE DID WHAT THEY DID. PEOPLE ARE WATCHING. NOW, PEOPLE ARE, UH, GOING TO BE POINTING OUT IF YOU FOLLOW THE RULES OR NOT. SO, SO KNOW THEM AND FOLLOW THEM. THAT'S MY FIRST STEP. MY SECOND POINT IS I WANT TO READ A, UH, PARAGRAPH FROM THAT MANUAL, UH, WHICH SPEAKS TO ME IS THE TRUE PURPOSE OF THIS BOARD AS A PERSON FROM THE PUBLIC, THE CIVIL SERVICE BOARD IS A BODY OF LOCAL CITIZENS WHO HAVE BEEN APPOINTED TO ADMINISTER THE SYSTEM OF CLASSIFIED FIRE, A POLICE SERVICE AT THE LOCAL LEVEL, AND ENFORCE THE PROVISIONS OF THE LOUISIANA FIRE AND POLICE CIVIL SERVICE LAW. NO MEMBER OF THE CIVIL SERVICE BOARD MAY REPRESENT ANY GROUP FACTION OR INTEREST EXCEPT TO PROTECT AND UPHOLD THE PUBLIC INTEREST. AND THAT'S JUST REALLY IMPORTANT TO ME BECAUSE, UM, AS WE'VE BEEN LOOKING IN THE PAST FEW YEARS IN THE NEWS, AND, UM, JUST THE WAY THINGS ARE GOING, IT'S, THERE ARE MOMENTS WHEN THIS SEEMS LIKE IT'S ALMOST A CIRCUS OF, UM, FIGHTING AMONGST PERSONALITIES FIGHTING AMONGST FACTIONS. UH, AND AS A MEMBER OF THE PUBLIC, WE NEED TO HAVE TRUST THAT OUR POLICE ARE DOING WHAT THEY'RE SUPPOSED TO DO, WHICH IS PROTECT THE PUBLIC. AND, UH, THIS IS NOT A FORUM FOR THAT CIRCUS. SO I JUST, I, I, YOU KNOW, THIS IS TO PROTECT AND UPHOLD THE PUBLIC INTEREST. AND I HOPE THAT EVERYTHING THAT YOU DO IS WITH THAT IN MIND, WE'RE NOT HERE TO SAY, YOU KNOW, THIS GROUP IS ALWAYS BAD. THIS GROUP IS ALWAYS RIGHT, BECAUSE THEY'RE ALWAYS, THEY'RE ALWAYS MANY COMPLICATED ISSUES. UH, AND, AND I JUST, THAT'S WHAT I'VE GOT TO KEEP COMING BACK TO IS WE ARE HERE TO PROTECT THE PUBLIC INTEREST. I HOPE THAT IS AT THE FOREFRONT. THANK YOU. THANK YOU. THANK YOU. ANY MORE PUBLIC COMMENT? YEAH, WE GOT ONE MORE. MARY JANE, MARK, AND TAIL WITH HER WORDS, WHAT SHE JUST SAID, GOING TO ITEM 12 ON Y'ALL'S AGENDA. IF THIS IS SUPPOSED TO BE FOLLOWING THE RULES, THEN I'M GOING TO SUGGEST THAT I'M 12 NEEDS TO BE RESOLVED BEFORE THERE'S ANY FURTHER ACTION IN THIS AGENDA. THANK YOU FOR YOUR COMMENT. ALL RIGHT. SO THEN [2. Review and Approve Agenda] THE NEXT ITEM IS REVIEW AND APPROVE THE AGENDA. OKAY. DO WE HAVE A SECOND? I'LL SECOND THEN MOVED AND SECONDED ALL IN FAVOR. AYE. AYE. ALL OPPOSED. MOTION PASSES. ALRIGHT. UH, NEXT [3. Review and Approve Minutes from previous meeting(s).] WE HAVE TO REVIEW AND APPROVE THE MINUTES FROM THE PREVIOUS MEETING. ALL RIGHT. I THINK WE HAVE BOTH COPIES OF THE 23RD AND 24TH MEETING THE MINUTES. DO WE HAVE A MOTION? [00:05:04] THREE, FOUR, NO, 23RD AND 24. YOU HAVE TWO DIFFERENT ONES. I MOVED. THAT WOULD BE 23RD OR ME, RIGHT? WE HAVE A MOTION TO ACCEPT A SECOND APP. CHECKING IT BY MR. SMITH. ALL IN FAVOR. AYE. AYE. ALL OPPOSED. MOTION PASSES. WE ALSO NEED TO APPROVE THE MINUTES FROM THE 24TH. I MOVE THE APPROVAL OF A MOTION FOR MR. SMITH. IS THERE A SECOND, SECOND BY MR. PRES, ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION PASSES. WE'LL [4. Review and Approve Personnel Action Forms] GO ON TO ITEM NUMBER FOUR, UH, REVIEW AND APPROVE PERSONNEL ACTION FORMS. I HAVE A TON HERE. ALL RIGHT. WE CAN PASS THEM AROUND. AND I ALSO HAVE SOME FOR THE, THE, UH, POLICE. NO, YOU DON'T HAVE TO WAIT FOR ME TO SIGN ALL THESE. THIS IS A BOND. IF ANYBODY ELSE WANTS TO LOOK AT THE PERSONNEL ACTION FORM STUFF. YEAH. UH, OKAY. MOVING ON, UM, REVIEW AND APPROVE. ALICIA. THOMAS IS TAKING A BOAT. OH, I'M SORRY. WE NEED TO VOTE TO APPROVE. UH, IS THERE A MOTION TO APPROVE THE PERSONNEL ACTION FORMS AND PASS THEM AROUND? I WILL MAKE THAT MOTION, CORRECT? YES. AND THESE ARE ALL UP TO DATE ON THE FIRE DEPARTMENTS AND ON OCCASION I WILL SECOND THE MOTION. OKAY. I HAVE A MOTION AND A SECOND ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. ALL RIGHT. MOVING [5. Review and Approve Alicia Thomas’s application for Fire Communication Officer 2] ON TO ITEM NUMBER FIVE FOR REVIEW AND APPROVE. ALICIA TIMES IS APPLICATION OR FIRE COMMUNICATIONS OFFICER TO, UH, JOHN. I'LL LET YOU HANDLE THAT ITEM. THAT SPEAK TO THAT ONE REAL QUICK. BEFORE I WALKED IN, I WAS ON THE PHONE WITH THE STATE EXAMINERS OFFICE JUST TO MAKE SURE, UH, WE WERE ALL ON THE SAME PAGE ABOUT ITEM NUMBER FIVE. UH, MS. THOMAS, HIS NAME DID NOT APPEAR ON THE ROLL CALL FOR THE TEST. SO THEY NEED TO KNOW THAT HER APPLICATION WAS RECEIVED TIMELY. SO THAT WAY SHE CAN SIT FOR THE TEST. UM, THIS COMING TUESDAY, I BELIEVE IT IS THE 28TH. UM, WE WILL ALSO NEED TO MAKE CONTACT WITH MS. THOMAS TO WAIVE THE NOTICE REQUIREMENT. CAUSE SHE'S ENTITLED TO, I BELIEVE A FIVE DAY NOTICE A FIVE DAY NOTICE OF SOME TYPE OF NOTICE BEFORE THE TEST. HE DIDN'T OFFICIALLY GET NOTICED CAUSE SHE WASN'T ON THE ROLL CALL. SO, SO THE PROBLEM WITH THIS WAS THAT WE CAN'T FIND, WE DON'T WITH MS. PENNY BEING OUT OF OFFICE. WE DON'T KNOW WHERE THE APPLICATION IS PLACED. I DO REMEMBER SEEING HER NAME. I DON'T KNOW, UH, WHERE THEY ARE AND MS. PENNY'S OFFICE. SO I CAN'T, BUT I DO MOVE THAT. WE APPROVE HER AFFECTATION. OH. TO TAKE THE FIRE COMMUNICATIONS OFFICE. SO SHE DID SUBMIT AN APPLICATION. YES. I DO REMEMBER SEEING HER NAME, BUT I DON'T, LIKE I SAID, I DON'T KNOW WHERE THEY ARE. MS. MINIS. I COULDN'T FIND THEM BRIAN. AND LOOK FOR HIM. I DIDN'T GO. LOOK, I DIDN'T EVEN GO LOOK FOR HIM, BUT BRANDON DID GO LOOK. SO I GUESS THE QUESTION THEN IS, WAS, UH, WHEN YOU SAW THE APPLICATION, WAS IT TIMELY AT THAT POINT IN TIME? IT WAS TIME AND COMPLETE AND COMPLETE. YES, SIR. YEAH. ON THAT, ON THAT CERTIFICATION THEN ALEX EMOTION. HOW SECOND EMOTION. ALRIGHT. IT'S BEEN MOVED AND SECONDED BY PRESS, UH, ALL IN FAVOR FOR APPROVING THE APPLICATION FOR ALICIA. THOMAS IS OUR COMMUNICATION OFFICER TWO, ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION PASSES. MOVING [6. Consider Motion to go into Executive Session for Attorney Client Communications related to Board Secretary, under La. R.S. 42:17(A)(10). See also La. Atty. Gen. Op. No. 18-0144.] ON TO ITEM. NUMBER SIX, CONSIDER A MOTION TO GO INTO EXECUTIVE SESSION FOR ATTORNEY, CLIENT COMMUNICATIONS RELATED TO BOARD [00:10:01] SECRETARY UNDER THE LA REVISED STATUTE, 4,217. YOU HAVE A MOTION. WE HAVE A MOTION TO GO INTO EXECUTIVE SESSION. I'LL MAKE A MOTION. WE DO. AND THE EXECUTIVE SESSION IS THERE A SECOND? UM, YES. OH, SORRY. WE HAVE A SECOND BY PRESS. UH, ALL IN FAVOR. SAY AYE. ALL OPPOSED. ALL RIGHT. SO IT IS 10 20. UM, I MOVED AT THE MUNICIPAL FIRE POLICE, CIVIL SERVICE BOARD MEETING BE CLOSED AT THIS TIME AND YOU GO INTO EXECUTIVE SESSION AND UH, BE REOPENED OR YOUR RETURN. ALRIGHT. WE GUYS WERE CONVENIENT TO THE, UH, THE CONFERENCE ROOM. IT'S AROUND THAT. OH, EXCUSE ME. IT'S 1102. I CALLED BACK TO ORDER THE MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD HEARING. UM, PICKING BACK UP ON OUR AGENDA AT, UH, [7. Consider Motion to Approve Proposed Settlement Offer regarding Personnel Matter.] ITEM NUMBER SEVEN IS CONSIDERED THE MOTION TO APPROVE THE SETTLED LAW FOR REGARDING, REGARDING, UH, PERSONNEL MATTER. DO WE HAVE A MOTION? I'LL MAKE A MOTION. WE APPROVE IT. OKAY. IS THERE A SECOND, SECOND BY MR. ROBINSON? UH, IS THERE ANY DISCUSSION ON THIS MATTER, THE DISCUSSION SECTION? YES, I WOULD JUST LIKE TO, I WOULD JUST LIKE TO SAY THAT, UM, PENNY, IF THE ACTIONS THAT WE BOUGHT YOU UP FOR A HEARING, UH, THE THINGS THAT YOU'D DONE, I FEEL LIKE THAT YOU NEED TO BE HELD ACCOUNTABLE FOR. AND THAT'S MY FEELING UPON IT THAT, UM, WE COME HERE TO SERVE THE PUBLIC AND THAT'S OUR POINT IS TO BE FAIR AND CONSIDERATE AND ALL OF US UP HERE, I NEED TO DO OUR DUTIES THE WAY THEY SEE FIT AND YOU IN A POSITION WAS HIRED TO DO THE SAME THING. SO I FEEL THAT, UM, THAT WE, WE MOVED THE MOTION TO APPROVE THE PROPOSED SETTLEMENT OFFER, BUT I FEEL LIKE THE ACTIONS THAT YOU DID TO PUT YOU IN THIS POSITION THAT YOU STILL NEED TO BE HELD ACCOUNTABLE FOR. UM, OKAY. UH, HEARING LEARN. I LIKE TO, UH, CALL FOR THE VOTE. UM, ALL IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. NO. WHICH ONE? APPLES. OKAY. SO MOTION PASSES THAT WILL PROVE THE SETTLEMENT. ALL RIGHT. [8. Consider Terri Whitt’s Request for Investigation] MOVING ON TO ITEM NUMBER EIGHT, CONSIDER TERRY'S WITS REQUEST FOR INVESTIGATION IS MS. WITT HERE. IT IS NOT YOU, WOULD YOU LIKE TO COMMENT ON IT? I DO WANT TO KNOW WHAT'S YOUR PLEASURE INCOME. COME ON BEING NOW, UM, MORE JIM REIGNS ON BEHALF OF THE CHIEF AND THE BRP D UM, YOU ALL PREVIOUSLY DEALT WITH A REQUEST FOR INVESTIGATION BY, UH, CHERRY WIT MY UNDERSTANDING THAT THE SAME COMPLAINT HAS BEEN MADE AGAIN. UM, LAST TIME YOU DETERMINED THAT THERE WAS NO, JUST CAUSE TO INVESTIGATE THAT MATTER. AND AGAIN, WE'RE DEALING WITH THE SAME ISSUE. OBVIOUSLY I WOULD ASK THAT YOU, AGAIN, FIND THERE WOULD BE NO, JUST CAUSE TO REQUEST IT, UH, OR TO INVESTIGATE IT. BUT I DO WANT TO POINT OUT I WASN'T GOING TO BE HERE TODAY. OTHER THAN ONCE I FOUND OUT THAT THIS WAS PUT ON THE AGENDA, I'M HERE TO, TO DEAL WITH IT, BUT THE CITY DOESN'T NEED TO CONTINUE TO SPEND MONEY ON THE SAME REQUEST EVERY MONTH. SO I WOULD REQUEST, I WOULD ASK THAT ONCE YOU DETERMINE THAT THERE WAS NUMEROUS CALLS FOR THIS INVESTIGATION, IF THE SAME ONE, IF IT KEEPS GETTING FILED THEM ON A MONTHLY BASIS, THAT IT NOT BE PUT BACK ON THE AGENDA. LIKE YOU ALRIGHT, I'D LIKE TO DEFER TO THE BOARD ATTORNEY, UM, JUST TO REMIND THE BOARD AS TO WHAT THE REQUEST FOR INVESTIGATION IS. UM, AFTER THE ELECTION OF MR. TO THE BOARD, UM, THE CHIEF OR THE APPOINTING AUTHORITY FOR THE POLICE DEPARTMENT WAS REQUIRED TO SEND OVER, UM, THE RESULTS OF THE ELECTION TO THE GOVERNING AUTHORITY THAT THE METRO COUNCIL, APPARENTLY THAT WAS NOT DONE, UH, TIMELY. AND THAT IS THE REASON FOR THE INVESTIGATION. [00:15:01] NOW AT THE LAST MEETING, THE DISCUSSION, I THINK, UH, MR. ROBINSON ASKED MS. WITT OVER AND OVER, WHAT IS THE REMEDY? WHAT DO YOU WANT US TO DO? AND I BELIEVE THE CHAIR PROPOSED THAT WE SEND A COMMUNICATION TO, UH, BOTH DEPARTMENTS AND LET THEM KNOW THAT, HEY, WE NEED TO FOLLOW ALL THESE DIFFERENT RULES. UM, THE BOARD, DURING THAT DISCUSSION POINTED OUT THAT THERE WAS REALLY NO PREJUDICE TO ANY PARTY DUE TO THE FAILURE TO, TO TURN OVER THOSE DOCUMENTS WITHIN THE 10 DAYS. UM, MR. DODY WAS SEATED AT THE BOARD AT THE, I THINK IT WAS TWO MEETINGS LATER AND WE DID NOT HAVE ANY, UH, POLICE APPEALS PRIOR TO THAT POINT. UH, SO BEARING ALL THAT IN MIND. I DON'T THINK ANYTHING, ANY CIRCUMSTANCES HAVE CHANGED SINCE YOUR PREVIOUS DETERMINATION, UH, THAT WASN'T IN MS. WITZ, UM, I GUESS, APPLICATION FOR A REQUEST FOR AN INVESTIGATION, BUT I DON'T SEE WHY I WOULD RECOMMEND YOU GUYS TAKE A DIFFERENT ACTION. UM, UNLESS THE BOARD JUST WANTS TO CONSIDER SOMETHING DIFFERENT. ME AND, UH, THE CHAIR WILL GET THE LETTER TO THE, THE CHIEFS OUT THIS COMING WEEK. JUST AGAIN, ENCOURAGING THEM, ESPECIALLY CONSIDERING SOME OF THE PUBLIC COMMENT THAT WE HAD THIS MORNING TO DO THEIR BEST, TO STAY ON TOP OF, UH, THE VARIOUS CIVIL SERVICE RULES. THAT WAY WE DON'T HAVE ISSUES LIKE THIS GOING FORWARD. I WOULD ASK MR. RAINS AND, UH, THE DIFFERENT ATTORNEYS FOR EACH OF THE DEPARTMENTS TO HELP US OUT IN THAT REGARD. SO SINCE THERE ARE NO NEW FINDINGS OF FACT, I WILL MAKE A MOTION THAT WE DO NOT MOVE FORWARD WITH AN INVESTIGATION AGAIN. OKAY. WE HAVE A MOTION. IS THERE A SECOND? I WOULD WANT TO SECOND THAT, BUT I WOULD LIKE TO AMEND IT TO INCLUDE US, FOLLOW YOU THROUGH WITH THE NOTIFICATIONS TO THE CHEESE AND THAT THIS ITEM NOT COMING BACK TO THIS COMMITTEE AGAIN, UNLESS THERE'S SOME CHANGES. OKAY. ALL RIGHT. SO WE HAVE A, A MOTION TO AMEND THAT, UM, THE ITEM NOT COME BACK TO THE BOARD BASED UPON THE NOTIFICATION, RESTATE THE MOTION. I WILL WITHDRAW MY MOTION SO THAT WE CAN, OKAY, SO PRESS SECOND, MR. SO COULD YOU RESTATE YOUR MOTION THAT WE FOLLOW THROUGH ON THE COMMITMENT FROM THE BOARD TO SEND NOTIFICATIONS TO THE CHEESE THAT THEY SHOULD FOLLOW ALL RULES AND REGULATIONS AND LAWS, AND THAT DECIDED TO NOT COME BACK TO THE BOARD, I'LL BE ADDED TO THE BULL'S AGENDA IN THE FUTURE AND THAT WE, UH, LIVE WITH OUR PREVIOUS DECISION. OKAY. ALL RIGHT. SO ALL IN FAVOR. WELL NOW YOU HAD THE SECOND HIS MOTION. OKAY. AND I'LL COMMENT, PUBLIC COMMENT. ALL RIGHT. ALL IN FAVOR. AYE. AYE. ALL OPPOSED. MOTION PASSES. ALL RIGHT. MOVING ON TO ITEM [9. Discussion related to the failure of a Baton Rouge Police Officer to appear before this Board after being properly served a subpoena, on July 26, 2021.] NUMBER NINE, DISCUSSION RELATED TO THE FAILURE OF BEDROOM POLICE OFFICERS TO APPEAR BEFORE THIS BOARD, AFTER BEING PROPERLY SERVED THE SUBPOENA ON JULY 26TH, 2021, MR. CHAIR. UH, THIS WAS A ITEM, UM, PLACED ON ONLY AGENDA BY MR. DODY AND MR. DODY IS NOT HERE. UM, YOU GUYS WILL ALSO SEE THAT THIS IS IN RELATION TO THE JULY 26TH, 2021 APPEAL. UH, WE ARE ACTUALLY GOING TO APPROVE SOME FINDINGS OF FACT ON THAT ISSUE LATER ON. BUT, UH, MY UNDERSTANDING IS THAT THERE WAS A CORPORAL BRITAIN WHO DID NOT APPEAR, UH, AFTER BEING SUBPOENAED BY THE BOARD. I THINK THERE IS NO DISPUTE THAT HE WAS PROPERLY SUBPOENAED. UM, AT THAT HEARING, THAT WAS BEFORE MY TIME, THERE APPEARED TO BE SOME CONFUSION AS TO WHY HE WAS NOT HERE. UM, MR. RAINES WAS HERE AND I BELIEVE MR. IVY REPRESENTED MR. DODY AND THAT APPEAL AND MR. IVY IS NOT HERE. UH, FROM WHAT I GATHER, JUST FROM LOOKING AT THE RECORD, THERE WAS A DISCUSSION ON THE RECORD ABOUT THE WITNESS. THERE WAS AN OPPORTUNITY TO LEAVE THE RECORD OPEN ABOUT THE WITNESS AND THAT OPPORTUNITY WAS NOT TAKEN. I DID SPEAK WITH MR. DODY ABOUT, I GUESS, WHAT HIS CONCERNS WERE ABOUT. AND I THINK WHAT HE WOULD LIKE TO DO IS CLEAR THAT OFFICER'S NAME, UH, CORPORAL BRITAIN IN THE SENSE THAT IF HE VIOLATED THE SUBPOENA, I UNDERSTAND IT WASN'T BECAUSE HE WILLINGLY DID IT. IT [00:20:01] WAS BECAUSE HE MISUNDERSTOOD A COMMUNICATION FROM THE CHIEF'S ATTORNEYS. BUT THAT'S ABOUT THE MOST THAT I KNOW ON THIS MATTER, I WOULD LET MR RAINS SPEAK TO IT AS BEST HE CAN AND GO FROM THERE. OKAY. YEAH. TO THE EXTENT THAT WE WANT TO CLEAR VOCAL BRITAIN'S NAME, THERE IS NO, I HAVE NO ISSUE WITH THAT. UM, CORPORATE BRITAIN WAS SUBPOENAED BY BOTH PARTIES, SO HE RECEIVED TWO DIFFERENT SUBPOENAS OR THAT HEARING, WHICH WAS RELATED TO SERGEANT AT THE TIME. UM, WE HAD A, YOU MAY RECALL THERE WAS AN ISSUE ON USE OF FORCE. WE ORIGINALLY HAD HIM SUBPOENA. WE ALSO, UM, FOLLOWED, UH, PROPER DAN OR WTF DANIELS. AND ULTIMATELY WE HAD DEPUTY CHIEF DANIELS TESTIFY ON THE USE OF FORCE ISSUE. SO I TOLD VERBAL BRITAIN THAT HE DID NOT NEED TO TESTIFY FOR US ON THE USE OF FORCE ISSUE. HE WAS ACTUALLY IN, I THINK, TENNESSEE ON, ON TRAIN, TRAIN TRAINING. AND HE HAD TO GET, CAUSE I THINK IF I RECALL CORRECTLY, IT WAS LIKE THE ONLY TIME THAT YEAR, BECAUSE THE COVID STUFF, UH, THAT HE COULD GET THAT TRAINING. SO, UM, I TOLD HIM HE WAS RELEASED FROM OUR SUBPOENA. UM, I DID NOT MAKE ANY REPRESENTATIONS REGARDING THE SUBPOENA FROM, UM, MR. DOVE. YEAH. BUT CERTAINLY THERE WAS NO INTENT OF WRONGDOING. I DON'T BELIEVE AT ALL ON, UH, COLDWELL BRITAIN'S PART. AND IF YOU RECALL, MR WAS RIGHT BECAUSE OF THAT CONFUSION ABOUT THAT SUBPOENA, UM, FLOYD FALCON, WHO WAS THE ATTORNEY AT THE TIME SAID ON THE RECORD THAT, UH, MR. DUFFY WE'LL, WE'LL KEEP THE RECORD OPEN AND ALLOW YOU TO CALL COLDWELL BRITAIN TO HAVE HIM TESTIFY AFTER TODAY, IF YOU THINK THAT'S NECESSARY. SO JUST LET US KNOW AT THE END OF THE HEARING, HE DID NOT TAKE HIM UP ON THAT. SO THEY CHOSE, IT WAS A LITIGATION DECISION ON THEIR PART, BUT THEY CHOSE NOT TO HAVE HIM COME BACK AND TESTIFY. THE RECORD WAS CLOSED. AND OF COURSE YOU ALL MADE A DECISION THAT DAY. SO, UM, YOU HAD AN OPPORTUNITY TO HAVE HIM COME BACK AND TESTIFY THAT WAS NOT DONE, BUT CERTAINLY AGAIN, I DON'T SEE ANY INTENT ON THE PART OF PUERPERAL BRITAIN TO AVOID TESTIMONY. UH, HE WOULD HAVE APPEARED HAD HE BEEN PRESENT. SO, UM, AGAIN, WE, WE HAVE NO PROBLEM WITH WHAT OPRAH BRITAIN DID IN THAT SITUATION. AND JOSHUA, I WANT TO SPEAK ON THAT. I, I DID ASK WHY HE DIDN'T SHOW UP. I DO REMEMBER ASKING, AND I DON'T KNOW IF I MADE A MOTION TO ISSUE ANOTHER SUBPOENA FOR HIM TO COME BACK THE NEXT MONTH AND HAVE A EXCUSE. BUT I DO REMEMBER, UH, THE CHAIRMAN, ROBERT ROSIE TELLING ME THAT IT WAS A LEGITIMATE EXCUSE THAT HE DID. HE WAS OUT OF TOWN DURING THE TIME OF THE BOARD MEETING. SO I DROPPED IT. I MEAN, I, I DIDN'T HAVE ANY PAUSE WITH IT WHATSOEVER. AND IF WE NEED TO VOTE TO CLEAR HIS NAME OF ANY WRONGDOING OR, UH, ANY VIOLATION OF NOT SHOWING UP FOR A SUBPOENA, THEN I'LL MAKE THAT MOTION RIGHT NOW THAT WE CLEAR WALLACE BRITAIN'S NAME, BRING ANY WRONGDOING FOR NOT SHOWING UP FOR SUBPOENA BY CLIPPED TO NAVI OR MR. RAINS OR FROM THE BOARD. HE MET THAT MOTION. JOHN I'LL SECOND. IT SAID MAKE THE MOTION. I DID. OKAY. ALRIGHT. BEEN MOVED AND SECONDED ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION PASSES. THANK YOU. AND THEN WE ALSO HAVE ITEM A, WHICH IS CONSIDERED A REQUEST FOR A SPECIAL AGENDA ITEM AT THE EARLIEST POSSIBLE TIME IN THE FUTURE TO DISCUSS THIS MATTER, AS WELL AS ACTIONS TAKEN BY THE ATTORNEYS FOR THE CHIEF THAT CAUSED THIS OFFICER'S ABSENCE. NOW I THINK THAT WAS JUST CLEARED UP. YEAH. THAT WAS CLEARED UP IN OUR LAST MOTION. SO, UM, I MOVED THAT WE DON'T EVEN HAVE TO IT'S CONSIDERED. UM, SO MOVING ON, UM, MOVING [10. Consider Motion to go into Executive Session for purposes of conducting pre-disciplinary hearing of Board Secretary, pursuant to La. R.S. 42:17(A)(1)(4). Board Secretary may opt to forego executive session.] ON TO ITEM, NUMBER 10, CONSIDERED TO GO INTO EX EXECUTIVE SESSION FOR PURPOSE OF CONDUCTING PRE-DISCIPLINARY HEARING FOR BOARD SECRETARY MS. CHAIR, MR. CHAIRMAN, I [11. Consider and Determine corrective action(s), if any, related to pre-disciplinary hearing.] WOULD RECOMMEND THAT YOU GUYS REMOVE ITEMS 10 AND 11, UH, CONSIDERING THE SETTLEMENT AGREEMENT THAT SHE HAS VOTED TO APPROVE MOTION. I DON'T MOVE THAT WE, OR I'LL SECOND, MR. PRESIDENT. ALL RIGHT. WE HAVE A MOTION AND A SECOND ALL IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION PASSES. MOVING ON TO ITEM, [12. Discussion related to public reporting that two Board members may be ineligible to serve for various reasons, and whether the Board should schedule a special meeting at the earliest possible time for a hearing on the issues] NUMBER 12, DISCUSSION RELATED TO PUBLIC REPORTING. THE TWO BOARD MEMBERS MAY BE ELIGIBLE TO SERVE FOR VARIOUS REASONS AND WHETHER THE BOARD THEY'LL SCHEDULE A SPECIAL MEETING AT THE EARLIEST POSSIBLE TIME OR HEARING ON THOSE ISSUES. ALL RIGHT. DO WE HAVE ANY DISCUSSION ON THAT MANNER? YES, SIR. YEAH. I HAVE A QUESTION. [00:25:03] THIS BOY DOES NOT APPOINT ITS MEMBERS. SO WHY SHOULD WE BE DISCUSSING? WE'RE NOT THE MEMBERS OF THIS BOIL QUALIFIED, SIR. WE'RE NOT THE APPOINTING AUTHORITY. IT'S NOT OUR DECISION. THE WHY SHOULD WE BE TAKING THAT ISSUE UP AT ALL? WE DON'T, WE DON'T APPOINT OURSELVES. THAT'S THE PURVIEW OF THE METRO COUNCIL. AND IF THERE'S AN ISSUE AS TO WHETHER OR NOT BOARD MEMBERS ARE QUALIFIED TO SERVE, THAT'S AN ISSUE FOR THE COUNCIL, NOT FOR THIS POET, IN MY OPINION DISCUSSION. WELL, MY OPINION ON IT IS, UH, AS OF RIGHT NOW Y'ALL ARE ELIGIBLE TO SERVE ON THE BOARD. NOBODY, NOTHING HAS BEEN DONE TO PROVE THAT Y'ALL ARE INELIGIBLE. NO, UH, NOTHING FROM Y'ALL IS A POINT THAT AUTHORITY, WHICH WAS A METRO COUNCIL HAS BEEN RENDERED. NO, NO, NO. A VOTE OR VERDICT HAS BEEN RENTED. Y'ALL IN ELIGIBLE. THIS IS JUST THE CLAIMS THAT YOU MAY BE INELIGIBLE TO SERVE ON THE BOARD. AND, BUT EVEN IF THEY ARE FOUND TO BE AN LG BOAT, THERE'S NOTHING WE CAN DO ABOUT IT AS EXACTLY WHAT YOU MEAN. YES, SIR. THERE'S A REMEDY THAT'S LAID OUT IN THE STATUTE FOR REMOVAL, BUT NOT FOR THIS BULLET TO TAKE THE BOARD. SO IT'S STARTED, IT'S NOT AN ISSUE FOR US. WE SHOULD NOT EVEN BE DISCUSSING YET. WE WASTING OUR TIME. YEAH. AND, AND IF I WERE TO INTERJECT HERE, YOU KNOW, GUYS, I DON'T THINK IT IS BECAUSE MR. ROBINSON'S POINT, THERE'S NOTHING YOU GUYS CAN DO. UM, AT THIS POINT. UH, SO CERTAINLY A HEARING ON THE MATTER IS INAPPROPRIATE BECAUSE YOU GUYS, AREN'T THE ONES WHO TAKE THAT ACTION, UH, TO MR. SMITH, HIS POINT GENERALLY, THAT'S WHAT THE LAW KIND OF POINTS TO THAT ONCE YOU'RE ON THE BOARD, YOU'RE A DE FACTO MEMBER OF THE BOARD UNTIL OTHERWISE REPLACE A REMOVAL. SO I THINK REALLY, UM, OTHER THAN TO ACKNOWLEDGE THAT THERE'S THE QUESTIONS THERE. I DON'T THINK THERE'S ANYTHING THAT THE BOARD CAN DO AT THIS POINT. NO, I WOULD, I WOULD REJECT HAVING A MEETING ABOUT OUR HEARING ON THE ISSUE, UH, AS TO ITEM A SUB SUB PART A, I CERTAINLY DON'T THINK WE NEED TO GO INTO EXECUTIVE SESSION TO DISCUSS MR. WILLIAMS, PRIVATE FACTS OR ANYTHING LIKE THAT. I THINK THAT WOULD BE INAPPROPRIATE FOR THIS BOARD TO DO UNDER THE CIRCUMSTANCES. YEAH. UM, AGAIN, I, UH, IN THE FEW YEARS THAT WE'VE BEEN HERE, WE HAVE, UH, AS TOGETHER BATON ROUGE, WE HAVE TAUGHT, TRIED TO TALK TO APPOINTING AUTHORITIES ABOUT, AND I DON'T THINK, I DON'T KNOW HOW MUCH LSU PAYS ATTENTION TO WHAT ARE THE RULES, THE METRO COUNCIL, WHAT ARE THE GUIDELINES? THEY JUST KNOW THEY'VE GOT TO A POINT, SOMEBODY. SO I KNOW THAT IT WAS BROUGHT UP, UH, THAT, UH, UH, I THINK IT MIGHT'VE BEEN FROM MS. KRAFT ABOUT HOW A PERSON CAN'T BE A PUBLIC EMPLOYEE. I DON'T KNOW IF ANYBODY KNEW THAT AND I DON'T KNOW WHAT EXACTLY THAT MEANS, BUT I DO THINK GOING FORWARD, THE APPOINTING AUTHORITIES NEED SOME CLEAR GUIDANCE MAYBE FROM MR. DARRAGH ABOUT EXACTLY WHO IS A NEW IS NOT APPROPRIATE TO A POINT BECAUSE I THINK AGAIN, I DON'T THINK THERE WAS ANY INTENTION FOR AN APPROPRIATE APPOINTING. I THINK IT'S JUST NO ONE, YOU KNOW, IF IT TRULY SAYS THAT YOU CAN'T BE A PUBLIC EMPLOYEE AND BEING A PROFESSOR AND ADMINISTRATOR AT LSE WAS CONSIDERED A PUBLIC EMPLOYEE, I, I DON'T THINK THAT WAS THE THOUGHT. SO I REALLY THINK GOING FORWARD, THERE NEEDS TO BE SOME CLEAR GUIDANCE GIVEN TO THE POINTERS ABOUT WHAT IS, AND WHAT IS NOT ELIGIBLE. I THINK THAT'S AN EXCELLENT POINT. LIKE, UH, TO PRESS THIS POINT, WE DON'T APPOINT OURSELVES, BUT THE PROCESS TO WHICH WE BECOME A MEMBER OF THIS BODY SHOULD BE VETTED BY THE, UH, APPOINTING AUTHORITY WHO PUTS US HERE. UM, EVEN IN READING THE QUICK-START GUIDE, AS I LOOKED OVER THIS, IT WAS SOMEWHAT CONFUSING BECAUSE IT, THAT YOUR APPOINTMENT IS NOT CONDI CON IS NOT A CONDITION OF YOUR CONTINUED EMPLOYEE WITH THAT ENTITY. SO IF THE ENTITY IS LSU OR SOUTHERN, BECAUSE IT SPECIFICALLY SPEAKS TO THE FIRE AND THE POLICE NOT HAVING TO ABIDE BY THE WELL, IT'S DIFFERENT FOR THEM. BUT IF YOU'RE SPECIFICALLY SPEAKING FOR LSU [00:30:01] AND SOUTHERN FOR IT, NOT TO BE A GERMANE TO YOUR EMPLOYMENT, THEN THESE ARE TWO PUBLIC INSTITUTIONS. SO WHY MAKE A RULE FOR SOMETHING IF IT CAN'T BE DONE. SO, UM, THAT, THAT'S SOMETHING LIKE I SAID, IT NEEDS TO BE CLEARED UP. UM, ON THE RECORD, I WOULD, I WOULD LIKE TO SAY THAT, AND THIS MAY BE OUT OF ORDER, BUT IT'S JUST ME. I JUST FEEL THAT THIS IS A RESULT OF PERSONAL ATTACKS BASED ON UNDERLYING CIRCUMSTANCES THAT, THAT, YOU KNOW, THAT ARE AT PLAY, BUT DO, BUT DO WE ALL AGREE THAT IT IS A MANNER THAT IS NOT PROPER FOR THIS BOARD AT THIS POINT? I DO AGREE THAT IT'S NOT PROBLEM. SO IS THERE A MOTION, BUT TO CLEAR UP, IT'S NOT OUT, IT'S NOT A RULE THAT SOMEBODY NOT WORRIED FOR. IT'S A LAW, IT'S THE LAW THAT SAYS YOU CAN'T BE A MEMBER OF ANY, UH, YOU CAN'T WORK FOR THE STATE OR YOU CAN'T WORK FOR THIS. I DON'T KNOW IF ELLA, SHE KNEW THAT WHEN THEY APPOINTED. YEAH. WELL HOPEFULLY, HOPEFULLY, HOPEFULLY THE, UH, CITY COUNCIL KNOWS THE LAWS. THEY DO HAVE A LOT. I KNOW, BUT AS OF RIGHT NOW, I WAS MY POINT. THEY HADN'T BEEN DISQUALIFIED OR HELD IN ELIGIBLE OR SAID THEY WEREN'T ELIGIBLE. SO UNTIL THAT HAPPENS OR UNTIL THEY'RE REPLACED, THEY STILL SIT ON THE BOARD. SO WE STILL CONDUCT BUSINESS WITH THE BOARD. I BELIEVE. I'M SURE THERE'S GOING TO BE OBJECTION, BUT I BELIEVE THAT THEY HAVE EVERY RIGHT TO SIT ON THE BOARD RIGHT NOW. AND WE, WE CAN CONDUCT BUSINESS TILL IT'S PROVED DIFFERENTLY. THAT'S WHAT I'M, THAT'S, THAT'S MY OPINION. AND TO YOUR POINT, BEING THAT IT IS MR. WILLIAMS, MYSELF, THE PRIVATE FACTS, I HAVE ENGAGED COUNSEL, WHICH I'D LIKE TO COME UP AND SPEAK TO AT LEAST MY POINT ON THIS MATTER. UH, THANK YOU, STEVE ARVIN AND THE LAWYER AND MR. WILLIAMS HIRED, MADE A LOOK AT THIS. I DID LOOK AT IT, UH, THE COMPLAINT AGAINST HIM. I THINK IT'S BASED UPON A MISUNDERSTANDING OF THE STATUTE. UH, AND I DO NOT SEE ANY IMPEDIMENT TO HIM SERVING. THANK YOU. THANK YOU. WHICH STATUTE? UH, THE STATUTE THAT DEFINES WHO CAN BE ON THE BOARD, WHICH ONE IS I'M I'M ASKING JUST SO I CAN LOOK IT UP THERE. ISN'T THERE IS A STATUTE THAT CREATES THIS BOARD AND DEFINES THE VARIOUS BOARD MEMBERS AND IT CONTAINS THE LANGUAGE THAT YOU WERE DISCUSSING ABOUT BEING A PUBLIC EMPLOYEE OR, AND IT USES, THAT'S WHY I'M JUST TRYING TO, I WAS JUST ASKING SO I COULD LOOK IT UP. I KNOW I'VE SEEN IT, BUT I CAN'T REMEMBER EXACTLY WHAT IT'S TITLED. 33 COLON 24, 76, 24 8. YEAH. AND IT HAS, IT HAS THE RESTRICTIONS IN IT, BUT YOU HAVE TO READ THOSE RESTRICTIONS, UH, IN CONNECTION WITH, UH, WHATEVER THE ENTITY IS. THAT'S AN ISSUE OR WHATEVER PHYSICIAN IS AT ISSUE. AND IN MY OPINION, MR. WILLIAMS IS NOT A, UH, A PUBLIC OFFICIAL IN THE SENSE THAT USED IN THAT STATUTE. THAT'S RIGHT, RIGHT. THANK YOU. THANK YOU. AND I KNOW THIS IS CERTAINLY AN INTERESTING TOPIC FOR EVERYBODY, BUT I THINK AT THE END OF THE DAY TO MR. ROBINSON'S POINT AT THIS POINT, THE BOARD CAN'T DO ANYTHING THAT'S RIGHT. THE BOARD DEALS AND OPERATES WITH THE MEMBERS THAT ARE ON THE BOARD. UM, MS. LEWIS HAS BEEN ON THE BOARD APPROXIMATELY TWO YEARS NOW. UM, MR. WILLIAMS HAS BEEN ON THE BOARD FOR QUITE SOME TIME AS WELL. AND TO MR. SMITH'S, UH, VARIOUS STUDENT LEGAL OPINION, UM, UNTIL A JUDGE TO OTHERWISE, OR REPLACE THEIR, THE FACT OF, UH, MEMBERS OF THE BOARD. I THINK THAT'S THE CLEAR READING OF THE LAW. SO I WOULD RECOMMEND THAT YOU GUYS MOVE ON. UM, I DON'T THINK THERE'S ANY ACTION THAT THE BOARD CAN TAKE. ANY OTHER DISCUSSION? UH, IS THERE A MOTION? OKAY. WE NEED A VORTEX. NO ACTION. WE HAVE A MOTION. IS THERE A SECOND OFF SECOND? ALL RIGHT. A SECOND BY MR. SMITH. UH, ALL IN FAVOR. HI. ALL OPPOSED. ALL RIGHT. [13. Decisions and orders on matters considered at previous hearings and meetings.] MOVING ON TO NUMBER 13, DECISIONS AND ORDERS ON MATTERS CONSIDERED AT PREVIOUS HEARINGS AND MEETINGS. MR. CHAIRMAN, THIS IS ACTUALLY A VERY STRAIGHTFORWARD MATTER. WE HAD TWO APPEALS, UH, LAST YEAR, JUNE 28TH, 2021 AND JULY 26TH, 2021. THESE WERE IN REGARDS TO MR. I'VE PREPARED, OR MY OFFICE HAS [00:35:01] PREPARED, UH, SOME PROPOSED FINDINGS OF FACT, I'D ASK THAT YOU GUYS LOOK OVER AND THEN APPROVE THEM SO I COULD FILE THEM WITH THE 19 SHOULD BE TWO SEPARATE DIAMONDS. I'D LIKE TO MOVE THAT WE APPROVE THE, THE TWO FINDINGS OF BOTH FROM THE PREVIOUS MEETINGS. IS THERE A SECOND? YEAH, I'M GOING TO SECOND THAT IN A MINUTE. IF I SIGNED THE SECOND ONE, I HAVE ONE SET OF BACK. WHAT DO YOU NEED? DO YOU NEED TO GO? I ONLY HAVE ONE CAR, WHICH ONE NEEDS THE JUNE 28TH, ONE OH SECOND. ALL RIGHT. IT'S BEEN MOVED IN SECOND. ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION PASSES. UM, LET'S SEE. 1300 REVIEW. FINDINGS OF FACT, WE JUST DID THEN. NO OTHER DECISIONS ORDERS ON THIS MATTER. UM, I MOVED THE WEIRD GERM SECOND NAP SO I CAN PRESS TIME IS 1130. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.