TRIALS & STRUGGLES OF
REV. FREDDIE LEE PHILLIPS, JR. AS LOUISIANA'S
FIRST AND ONLY AFRICAN-AMERICAN AUCTIONEER IN
LA HISTORY
Late 2007 / Early 2008:
Attends Missouri Auction School and obtains auctioneer's license, making Rev. Phillips the FIRST AND ONLY African-American auctioneer in the history of Louisiana! Obtains an appointment to the Louisiana Auctioneer's Licensing Board (LALB), the agency overseeing auction licensing in Louisiana.
July, 2008:
Attends National Auctioneer's Licensing Law Officials Agency (NALLOA) Conference, paying his own expense because he was unaware that, as Secretary-Treasurer of the LALB, he was eligible to have his travel expenses to the Conference reimbursed.
November, 2008:
LALB votes unanimously to reimburse Rev. Phillips for his mileage to and from the Conference.
Early May, 2010:
Eighteen months after approval, Rev. Phillips has not been reimbursed for his 2008 NALLOA Conference notwithstanding the unanimous vote of the LALB to do so at the November, 2008 meeting. Rev. Phillips indicates there's considerable confusion on exactly what paperwork may be required to get a reimbursement after-the-fact and also cites the fact that the new LALB Executive Assistant, Sandy Edmonds, has "found" a travel regulation which would restrict his mileage reimbursement to the lower of his actual mileage or the airfare that would have been applicable on that date. Rev. Phillips indicates to me that, rather than fight all of the paperwork hassles and deal with Ms. Edmonds' claim that his reimbursement would be curtailed, he would prefer to just forget about the 2008 reimbursement and merely allow the LALB to pay his way for the 2010 Conference instead.
May 17, 2010:
At the May 17, 2010 LALB meeting, Rev. Phillips quickly realizes that his gesture of generosity regarding the 2008 Conference is not going to play out as he anticipated when he makes request for being permitted to attend the 2010 NALLOA Conference and encounters immediate and stiff resistance. Here are audio links from that meeting dealing with Rev. Phillips's request:
Buster Gay Making Motion of Either Chairman or Vice Chairman and Executive Assistant to NALLOA
Vote Taken on Burns' Substitute Motion and Gay's Main Motion Regarding 2010 NALLOA Conference
May 28, 2010:
Rev. Phillips, understandably upset by apparently being the ONLY auctioneer EVER to serve on the LALB and be voted down when requesting to attend the convention, sought past travel records and information from the LALB. He wasn't getting anywhere, so he drafted a certified letter to LALB Attorney Anna Dow. Here is a copy of his letter: Rev. Phillips Phillips' Letter to Anna Dow Dated May 28, 2010.
June 18, 2010:
Rev. Phillips gets nowhere with the certified letter sent to Anna Dow dated May 28, 2010 requesting LALB records, and so he calls LALB Chairman Ken Comer on several occasions over the next several weeks. Ultimately, Mr. Comer apparently decides he's had enough, so he issues the following letter to ALL Board Members dated June 18, 2010 which indicates that NOBODY on the LALB will obtain records or be allowed to place an item on the agenda without his authorization: Ken Comer letter to LALB members indicating records requests MUST go through him.
August 2, 2010:
LALB members are aware Rev. Phillips isn't happy about being turned down to attend the NAA / NALLOA Conference. They are also upset that he is requesting past LALB travel records. Here are audio excerpts from the August 2, 2010 LALB meeting entailing Rev. Phillips being voted down regarding attending the Convention and his requests for records:
Gay: "Always Chair or Vice Chair to attend NALLOA but Board can overrule."
Bordelon: "I voted against Rev. Phillips due to cost." (Argument shot down by Robert Burns)
Steinkamp: "Rev. Phillips, I wouldn't want you to represent this Board!"
Burns: "Rev. Phillips's character is impeccable from everything I have observed of him."
Phillips: "I don't have to just sit here and take this. I have some values too!"
Bordelon: "Can't we make a motion to accept his resignation?"
August 9, 2010
Based on the preceding meeting audio links (in which there is obvious hostility toward providing him with past LALB travel information), Rev. Phillips feels he has no choice but to file a Writ of Mandamus against the LALB to obtain the records he requested. The petition is filed August 9, 2010 to be heard before Judge R. Michael Caldwell; however, issuance of the writ ultimately becomes moot as a result of me going into the LALB office and, in two hours, producing the report Rev. Phillips requested (see April 7, 2011 below).
September 8 - 10, 2010
Governor Bobby Jindal requests the resignation of Board Member Robert Burns, with his Special Assistant, Jonathan Ringo, who telephoned Burns to request his resignation, stating only that "things just aren't working out." When Burns refuses to resign, Governor Jindal terminates Burns' services from the LALB.
November 17, 2010
Rep. Barrow, Rev. Phillips's State Representative and an audience member at the August 2, 2010 LALB meeting, holds a hearing before a Joint Governmental Affairs Committee regarding her push for diversity on Boards and Commissions and substantially altering the process under which appointments are made. If you'd like to view how this hearing testimony went, here's what to do to see some GREAT highlights:
1. Go to
http://house.louisiana.gov/H_Video/2010/Nov2010.htm
2. Scroll down to "November 17," and click on "Joint
Governmental Affairs."
3. Advance the tape to the
2:23:38 mark to hear
Rep.
Barrow express her dismay at what she heard at the August 2, 2010 LALB meeting.
4. Advance the tape to the 3:02:48 mark to hear Sen. Claitor, R-Baton Rouge and Sen. Murray, D-New Orleans grill Jonathan Ringo, Special Assistant to Gov. Jindal, regarding inconsistencies in his testimony (Sen. Murray repeatedly relays Mr. Ringo is making a "mockery" of his testimony).
November 24, 2010
Status conference is held regarding Rev. Phillips's Writ of Mandamus. Judge Caldwell indicates he's giving the LALB until December 10, 2010 to provide the information Rev. Phillips requested in his letter of May 28, 2010 to LALB Attorney Anna Dow to Rev. Phillips's satisfaction. Judge Caldwell indicates that, if Rev. Phillips is not satisfied with whatever the LALB produces, to merely draft him a letter and he will schedule a hearing for oral arguments for the Writ of Mandamus.
November 24 - December 13, 2010
LALB Legal Counsel Anna Dow makes requests for 13 interrogatories and 10 admissions of fact of Rev. Phillips, all of which he provides responses to her on. Ms. Dow then sends a letter to Judge Caldwell dated December 8, 2010 relaying that she feels the LALB has fulfilled any obligation it has to Rev. Phillips in terms of making records available, that Rev. Phillips is not content with that effort, and she therefore requests a date be set for hearing on the Writ of Mandamus. Rev. Phillips, waiting until December 13, 2010 (the expiration of the December 10, 2010 deadline imposed by Judge Caldwell), sends a letter respectfully requesting that a hearing be scheduled as well.
January 10, 2011
Rev. Phillips, through a Freedom of Information Act, uncovers the fact that, while he made formal request to attend the NALLOA Conference and was resoundingly denied, LALB Attorney Anna Dow attended the Conference and then billed the LALB for her attendance at those meetings. Since Ms. Dow stated at the May 17, 2010 LALB meeting that "I attend every other year on my own ticket," Rev. Phillips felt this was a blatant misrepresentation on Ms. Dow's part and the fact that she apparently had the prerogative to bill the LALB for attendance at meetings was essentially a form of "back door" means for reimbursement without even having to be formally approved by the Board. Rev. Phillips questioned Ms. Dow's practice as a potential misappropriation of funds, to which he got VERY hostile responses in the form of threats to sue him. Here's a video of that whole episode (tempers flare at the 3:09 mark).
Also at the January 10, 2011 LALB meeting, the LALB, for the first time in its 30-year history, placed an item on the agenda for the destruction of records. Rev. Phillips requested that the measure be tabled until his Writ of Mandamus suit had been concluded, but the measure passed with his vote being the sole dissent. Here's a video of that whole episode (Ms. Edmonds begins to reveal the real motives behind the initiative at the 5:10 mark, including reference to Rev. Phillips' requests as well as those made on his behalf by Rev. Phillips' "friend in crime" (me), whom she references at the 6:13 mark).
January 18, 2011
Concerned about the LALB's intent to eminently destroy records which may well be pertinent to his Writ request, Rev. Phillips filed an Ex-Parte Motion for Temporary Restraining Order before Judge Caldwell. The restraining order was formally denied (due to inappropriate form and criteria).
January 26, 2011
Ms. Dow reduces her threats of litigation reference above to writing in a letter to him accusing him of "slander and invasion of privacy." Click here to see a copy of Ms. Dow's letter to Rev. Phillips.
January 28, 2011
Ms. Dow filed a Motion for Summary Judgment pertaining to Phillips v. LALB. The motion was signed on April 26, 2011 by Judge Caldwell, and a hearing date for it was set for Monday, May 16, 2011 at 9:30 a.m.
February 9 - 16, 2011
Rev. Phillips receives Ms. Dow's letter on February 9, 2011 and responds on February 16, 2011. Click here to see Rev. Phillips's response to Ms. Dow's letter of January 26, 2011.
March 21, 2011
LALB meeting is held. WAFB Channel 9 television in Baton Rouge makes a surprise visit to videotape LALB proceeding. Here are interesting happenings:
On the first video below, the often-raucous meetings of the LALB suddenly become so quiet that a person can LITERALLY hear a pin drop as the videotaping of a segment of the meeting transpires.
Upon the reporters' departure and near the end of the LALB meeting, a clearly-flustered Anna Dow, LALB attorney, after having been questioned extensively by the reporters, attempts to get Rev. Phillips to comment on-record with the LALB regarding any "differing treatment because of your race."
Within minutes of reporters' departure, Rev. Phillips openly questions a travel voucher issued regarding LALB Vice Chairman Tessa Steinkamp. Ms. Steinkamp is the one who referred to Rev. Phillips as being "combative and non-collegial" in an audio segment at the August 2, 2010 meeting referenced above.
Rev. Phillips questioned why Ms. Steinkamp received reimbursement for attendance the November 17, 2010 Legislative Hearing referenced above, yet Rev. Phillips heard nothing from LALB Executive Assistant Sandy Edmonds regarding him receiving any reimbursement regarding his attendance at the same hearing. Ms. Steinkamp, Ms. Edmonds, and Rev. Phillips all attended at the request of State Rep. Regina Barrow.
The response Rev. Phillips received form Ms. Edmonds is that Ms. Edmonds stated: "Why would the Board choose you as a representative given that you're suing the Board."
Here is an audio file for that episode (I don't have video since I was outside visiting with the reporters at the time):
It is also revealed at the March 21, 2011 LALB meeting that former long-time Chairman Buster Gay (and the one who made the most damming statements about Rev. Phillips's character at the August 2, 2011 meeting) resigned from the Board.
April 7, 2011
Frustrated at all that Rev. Phillips was having to endure to get a mere schedule of past LALB travel records, I scheduled a visit at the LALB Office to prepare a schedule like Rev. Phillips originally requested. At the insistence of the LALB, the office visit was monitored by Attorney General Paralegal Cheryl Harrison. I began the exercise, as noted by Ms. Harrison, at 10:10 a.m., and I concluded the exercise at 12:14 p.m. I also executed a sworn affidavit of that same date of April 7, 2011 attesting to the fact that the exercise took two hours and four minutes (124 minutes). I also sent an email to Rev. Phillips, Anna, and Sandy relaying what had transpired and the fact that I was deeply offended at the LALB's practice of spending $2,000+ in a legal fight to keep from providing Rev. Phillips with the information, when for $100 of secretary-level time, the information could have been provided with minimal effort.
The results of the spreadsheet showed that, contrary to what former long-time Chairman Buster Gay indicated at the August 2, 2010 meeting, the LALB had a past history of routinely sending consumer members who weren't even officers to the convention. Furthermore, the spreadsheet showed where Alan Persick, past Secretary-Treasurer of the LALB, was approved for attending three consecutive conferences. Furthermore, the minutes of the LALB meeting for NALLOA travel for 2002 indicated that the Legislative Auditor's Office instructed the LALB that ONLY officers could be approved for travel reimbursement and only if they were attending the conference in their official capacities. The LALB clearly blatantly ignored that Louisiana Legislative Auditor's directive. Upon learning these facts, Rev. Phillips openly speculated that the contents of the spreadsheet indicate why the LALB stalled on providing him the records. Click Here to view the NALLOA travel spreadsheet. Click Here to view the Affidavit of Robert Edwin Burns.
April 19, 2011
With Rev. Phillips having obtained the spreadsheet of past LALB travel, albeit through no effort of the LALB and a mere 324 days after he requested it, Rev. Phillips decided that his request for a Writ of Mandamus was now moot. He therefore filed a Motion for Status Conference before Judge Caldwell relaying that the Writ was now unnecessary and that he would like to hold the status conference for discussing a date at which oral arguments may be posed by each side regarding the possible imposition of civil penalties for the extended delay Rev. Phillips has incurred in obtaining the information.
April 26, 2011
Judge Caldwell formally denies Rev. Phillips's Temporary Restraining Order filed on January 18, 2011, and he signs Anna's Motion for Summary Judgment filed on January 28, 2011.
May 16, 2011
Hearing is held on Motion for Summary Judgment. Judge Caldwell seems to sympathize with Rev. Phillips's pleadings; however, he relays that, because the certified letter Rev. Phillips drafted on May 28, 2010 never reached the LALB, he would have little choice but to grant Ms. Dow's Motion for Summary Judgment.
June 20, 2011
LALB meeting held. It is revealed that Chairman Comer (who was EXTREMELY hostile toward Rev. Phillips at the 8/2/10 meeting and who chimed in with Anna on the above video of 1/10/11 that he would sue Rev. Phillips) resigned.
July 18, 2011
LALB meeting held. A number of stacked-up items which Rev. Phillips had previously requested to be placed on the agenda but was repeatedly ignored are all placed on the agenda. The Board, for the first time in its history, gets "religion" on Robert's Rules of Order and states that, unless he gets seconds on his agenda items, he will not be permitted to discuss the items (never a policy for other Board Members' prior agenda items). Furthermore, he is admonished that, pursuant to Section 3121, "any false testimony you give can be grounds for disciplinary action regarding your license." Despite the constraints (Rev. Phillips fails to obtain seconds on any motions and therefore discussion is denied), Rev. Phillips and the LALB nevertheless have the following interesting exchanges:
In the above video, Rev. Phillips calls for recovery of funds in Burns v. LALB (open
meetings violations) by filing claim with Anna Dow's malpractice policy.
As a result, at the 4:55 mark, Ms. Dow openly
encourages the LALB to pursue outside counsel to explore the potential that
Rev. Phillips provided "false testimony" to the LALB regarding Burns v. LALB and that,
pursuant to Section 3121, the Board may wish to pursue a suspension or
revocation of Rev. Phillips's license in order that he would no longer qualify to hold an LALB seat.
In the above video, Rev. Phillips calls for recovery of $412.50 which Ms. Dow billed the LALB for NALLOA conference meetings attendance without approval of the LALB. James Sims, the newest LALB member, having replaced Buster Gay, states (@ 5:54 mark): "I do not participate in after-the-fact witch hunts, nor am I going to tolerate it on this Board!"
In the above video, Rev. Phillips calls for a new election for Vice Chair in light of the status of N. O. Auction Galleries, a firm employing Acting Chairman Tessa Steinkamp and which filed bankruptcy on April 1, 2011. After the failure to get a second, Rev. Phillips is told at the 1:10 mark that no discussion will be permitted and, thereafter, at the 1:27 mark, he is admonished that, in accordance with Section 3121, "any false testimony you provide may result in disciplinary action against your license."
In the above video, Anna Dow discusses litigation on the part of Burns and Phillips. At the 4:15 mark, Ms. Dow encourages the LALB to seek outside counsel to pursue disciplinary action against Burns and Phillips. She indicates that, in consultation with the Attorney General's Office, she has obtained the names of 3rd party attorneys whom should be available by the September 19, 2011 meeting for the LALB to pursue such disciplinary action. Ms. Dow also states that there "may be liability on the part of the Board as the result of Rev. Phillips' actions." Consumer Member Greg Bordelon, at the 7:03 mark, seeks to obtain restraining orders prohibiting those who are suing the Board from attending LALB meetings. It should be noted that, in an email from Emalie Boyce at the Attorney General's Office to Robert Burns, Ms. Boyce denied any involvement on the part of the Attorney General's Office toward any efforts to "puruse disciplinary action against the licenses of Robert Burns or Freddie Phillips." CLICK HERE to view Ms. Boyce's email to Robert Burns
In the above video, Rev. Phillips Phillips seeks a reprimand of Executive Assistant Sandy Edmonds for her comments at the March 21, 2011 LALB meeting. At the 2:42 mark, two Board Members are quick to place distance between themselves and Ms. Edmonds' commentary. At the 3:16 mark, Consumer Member Greg Bordelon again stresses that Rev. Phillips should not be permitted to attend LALB meetings, and at the 3:43 mark, he states his lawyer concurs.
In the above video, Sandy Edmonds updates the LALB's move to Sherwood Forest Boulevard. At the 1:15 mark, Ms. Edmonds states that the Interior Design Board (for which she serves as Executive Director and which also is moving to Sherwood Forest Boulevard) has retained the services of EBRP Deputy Landry as a result of the presence of Rev. Phillips and myself at their meetings.
August 1, 2011
August 11, 2011
In the above video, Rev. Phillips seeks clarification at the IDB meeting regarding the services of EBRP Deputy Landry. He is told that, since it's not on the agenda, it won't be discussed. Rev. Phillips respectfully requests that it be placed on the next meeting's agenda.
August 15, 2011
August 24, 2011
September 2, 2011
September 19, 2011
In the above video, Rev. Phillips is questioned four (4) times by Attorney Anna Dow if he is carrying a weapon.
October 6, 2011
October 18, 2011
Sandy Edmonds, IDB Executive Director, posts notice that the IDB regularly-scheduled meeting for October 20, 2011 has been cancelled and that, when a new date for the meeting is set, it will be posted to the IDB website. Burns begins daily log on to BOTH IDB website and LaTrac website to see when next meeting will transpire.
November 17, 2011
Though the meeting is never publicized on EITHER the IDB website or the LaTrac system, the IDB conducts a special meeting. Furthermore, though no agenda item is present for the discussion of an "employment agreement" for its Executive Director, Sandy Edmonds, the IDB begins the meeting by making a motion to add that item to the agenda and it's unanimously approved. Subsequently, an "employment agreement" for Ms. Edmonds, which is IDENTICAL in all respects (except that IDB is to make retirement contributions to LASERS for Ms. Edmonds) to the "employment agreement" which was presented to the LALB on January 10, 2011.
Around November 28, 2011
The LaTrac website is updated to reflect an IDB meeting on December 8, 2011.
December 6 or December 7, 2011
Notice is posted to the LaTrac website that the IDB meeting scheduled for December 8, 2011 has been cancelled. Rev. Phillips phones Ms. Edmonds and requets when the next meeting will be. He asks for Ms. Steinmetz's (IDB Chairman) phone number in order that he can make the inquiry himself since, on the surface, two straight scheduled meetings have been cancelled. Ms. Edmonds relays that she'll call Ms. Steinmetz and find our for Rev. Phillips. Rev. Phillips reports that Ms. Edmonds calls back about 30 mintues later and realys that Ms. Steinmetz has indicated "the next meeting will be sometime in mid January." At no time did Ms. Edmonds relay that a meeting had transpired on November 17, 2011; furthermore, at that meeting, the IDB approved meeting dates for 2012, and the January meeting was set to be January 26, 2012.
Jaunary 26, 2012
Burns attends IDB meeting and films same. Rev. Phillips is on a religious retreat in Meridian, MS and cannot attend. As can be seen by CLICKING HERE, Ms. Steinmetz begins the meeting by requesting approval of minutes of the November 17, 2011 meeting. That fact sails right by Burns' head; however, because the IDB went into Executive Session, Burns uploaded the video the same night as it transpired. A friend of his, Mr. Philip Mayuex, who resides in TX, watched the video the next day and noted the reference to the November 17, 2011 meeting and informs Burns and others of same.
Jaunary 28, 2012 - February 24, 2012
Burns and others begin a through process of filing formal complaints with the Louisiana Attorney General's Office regarding the intentional concealment of the November 17, 2011 IDB meeting. CLICK HERE to view the Complaints Filed with the Louisiana Attorney General on February 24, 2012.