Irwin:
I am in receipt of all of the emails C. B. Forgotson has sent regarding
what are, by any objective definition, oppressive rules which the LSPRB
has chosen to implement regarding the LSPRB meeting a week from today.
I know he has forwarned the members about LA R.S. 42; however, I’d like
to be more specific in referencing LA R. S. 42:14(D):
http://www.legis.la.gov/Legis/Law.aspx?d=99481.
Clearly, unless changes are made, the current plan opens the Board
Members up to PERSONAL liability (LA R.S. 42:28,
http://www.legis.la.gov/Legis/Law.aspx?d=99299).
Now, I know the attitude of the Board Members is, “Yeah, right. Who’s
going to file such a suit?” Well, I want to answer that question in two
words: “I will!” Don’t believe me? I would STRONGLY encourage you to
have the members, Ms. Akers (whom I honestly cannot believe is condoning
what has been put out regarding the policy of public comment) to go to
the following webpage, watch the 3:50 video, and just take a look at the
litigation that arose from it:
The most recent hearing on the above matter was a Motion for Summary
Judgment which myself and fellow Plaintiff Rev. Freddie Lee Phillips
argued before Judge Hernandez on August 4, 2014. In my firm opinion, he
is going to GRANT the Motion for Summary Judgment and award us damages
without the need for even a trial. Here is a copy and paste of the
minute entry from the EBRP Clerk of Court Connect system on the hearing:
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04-Aug-2014 02:19 PM
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Hearing Held
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Entry:
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#5 No. 619707 Robert Burns, Et Al v. Louisiana State Auctioneers
Licensing Board, Et Al This matter came before the Court for a
Motion For Summary Judgment filed on behalf of Plaintiffs,
Robert Burns and Freddie Phillips. Present in Court:
Robert Burns, Plaintiff ? In Proper Person; Freddie Phillips,
Plaintiff ? In Proper Person; Larry Bankston, counsel for
Defendant, Louisiana State Auctioneers Licensing Board, Et Al.
Following oral arguments, the Court noted that it has for its
consideration motion for summary judgment filed by the
Plaintiffs against the Defendant in regards to the issues before
the Court.
It?s all going to boil down to whether or not there were genuine
issues of material fact that can be disposed of by summary
judgment. The Court took the matter under advisement and will
issue a ruling. (Susan Jacks, 8-4-14; 30 Minutes)
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Here’s the bottom line, Irwin. The LALB vigorously fought me obtaining
public records and videotaping the LALB meetings. They were so dogmatic
to block such efforts that they hired
convicted felon Larry
S. Bankston to try and ram-rod me into giving up on my
quests. What has resulted? Numerous lawsuits (http://www.auctioneer-la.org/cases.html).
The tab to the LALB for Mr. Bankston’s services so far?
$47,958.32.
Suspect of the preceding figure? Can’t blame you, so here are
the supporting documents:
2014 (through
6/30/14):
2013:
2012:
So, you see, the LALB has flushed tens of thousands of dollars in trying
to avoid transparency. It would indeed be ironic if the LSPRB opts not
to file a lawsuit to challenge the constitutionality of Act 859 but
would foolishly open itself up to tens of thousands of dollars in legal
fees from the idiotic policy I’ve seen for the September 4, 2014
meeting.
Let me be
blunt, Irwin!! I would LOVE (and I do mean LOVE) to go into court armed
with Treasurer Kennedy’s advanced admonition to his colleagues to open
up discussion and thus be able to PROVE beyond ANY SHADOW OF A DOUBT
that his colleagues ignored his advice and KNOWINGLY and WILFULLY
violated LA R. S. 42:14(D). As you can tell, I have plenty of saved
lawsuits on my hard drive. All I have to do is change the parties
involved and a few facts.
Since the AG’s
Office desires to be notified in advance of litigation, I’m copying
Emalie Boyce on this email. She’s the designated open meetings expert
at the AG’s Office. Each of your Board Members is welcome to call her.
She’s very helpful and will be happy to speak with your members about
avoiding litigation. I’ve also copied your attorney on this matter. If
she is aware of the dogmatic policy which has been communicated, she is
NUTS if she permits the Board to go forward with it. I want to make
sure everyone understands that I am not threatening litigation, I am
PROMISING IT!! Furthermore, I will encourage as many folk as who are
denied the opportunity to speak (or are cut off in only two minutes as
that is ABSURD – the LALB permits 5 minutes, and that IS reasonable and
is actually a LONG time and few people have ever used it all up) to join
me as plaintiffs in the suit. We can recover $100 per Board Member
EACH. Thus, September 4, 2014 may end up being a VERY profitable day
for a number of us.
The decision is
yours, but I would STRONGLY recommend the Board revise its policy as
Treasurer Kennedy advised you to do.
Lastly, please
realize, Irwin, that this is nothing whatsoever personal against you. I
know you to be a man of VERY high integrity, and my guess is that you’ve
been pulled in every direction imaginable. Nevertheless, there is NO
WAY IN HELL I’m going to stand idly by with the planned public comment
policy that I have been apprised of to this point.
Thanks, and I
look forward to seeing you a week from today.
Robert Edwin Burns, Vice President
LA Association of Professional Auctioneers (LAPA)
4155 Essen Lane, Ste 228
Baton Rouge, LA 70809-2152
(225) 636-5506 (land-line) (225) 235-4346 (cell phone)