Sheriff violated state law by putting his name on vehicles

Name removed after audit uncovered violation

By Matthew Penix
St. Tammany News
Published on Wednesday, March 19, 2008 8:57 AM CDT



For the second time in his 17-year tenure, Sheriff Jack Strain violated state law by not removing his name from the side of his office'€™s vehicle fleet, a move Louisiana statute calls illegal advertising on publicly owned property.

The violation unearthed in a December 2007 legislative audit but only recently released found Strain was '€œunaware'€ of the nameplate and, once acknowledged, he quickly worked to remove the roughly 1/2-inch tall by 1-inch long emblem, said Bryan Huval, audit director for Metairie-based audit firm Laporte, Sehrt, Romig and Hand, who performed the audit.

'€œIt was an oversight on (the sheriff'€™s office) part, not realizing the decal was on (the cruiser),'€ Huval said. '€œIt is so small, we just happened upon it really.'€

Sheriff Jack Strain was forced to remove his name from his agency's crest because it violates state law. The name could once be seen on the gold sliver on the top half of the crest toward the center. (Staff Photo by Matthew Penix)

Tucked in the middle of the Sheriff'€™s Office crest on the side of police cruiser, Strain'€™s name is barely visible to the average passerby.

But it'€™s not the first time Strain was forced to remove his name from Sheriff'€™s Office vehicles. Earlier in his career Strain was cited during a legislative audit for plastering his name on the side of cruisers. Strain said he could not remember specific times or the size of his name.

Those names were later removed using an undisclosed amount of taxpayer money, and Strain said recently he was unaware at the time any more violations existed on his office'€™s 150 to 200 vehicles.

'€œThis was an oversight by the sheriff'€™s management,'€ the state audit report found. '€œPreviously, the sheriff had removed a larger decal from all vehicles. However, it remained within the badge decal,'€ and Sheriff Strain was unaware it existed, the report said.

By Friday, Strain had removed roughly half of the nameplates from his vehicle fleet, Sheriff'€™s Office spokesman George Bonnett said.

Unknown law

The little known law was thrust into public spotlight last year during a heated election for sheriff in St. John the Baptist Parish, where political pundits unearthed the law and used it in campaign to oust the incumbent candidate, Wayne Jones, Strain said.

'€œThe law makes sense,'€ said Ed Sherman, a law professor at Tulane University. '€œIt seems to me that the cars are the property of the parish. They shouldn'€™t serve as the place to advertise any sheriff'€™s name.'€

But for many, the law is not commonly known. Several city attorneys, law professors and political science experts surveyed were first unaware of the law until it was pointed out on the state legislative Web site www.legis.state.la.us by the St. Tammany News.

The law, revised statue 43:31 '€œstates no public official of any branch, department, agency or other entity of state or local government shall affix his or her name on any publicly owned motor vehicle,'€ according to the legislative audit.

Still Dr. Peter Petrakis, associate professor of political science at Southeastern Louisiana University in Hammond, said it'€™s incumbent on elected officials to know their boundaries while serving elected office.

'€œIt'€™s not as trivial as what some people make it sound,'€ Petrakis said. '€œGiven the political climate in Louisiana, with Jindal making ethics reform a top priority of his administration, it'€™s exactly the wrong time for this to happen.'€

Petrakis suggest the practice likely occurs often and with no accountability.

'€œThe whole notion suggests a tone-deafness from politicians to the political climate,'€ he said.

'€œIn politics, name recognition is the first name of the battle,'€ Patrakis said, likening the practice to '€œfree advertising with the aura of government support behind it.'€

District Attorney Walter Reed spokesman Rick Wood, however, defended Strain.

'€œIt was inadvertent by the sheriff. There was not the intent to promote his name on public property, and when it was brought to his attention, he took the necessary steps to comply with the law. The sheriff has to get some credit,'€ Wood said.

No charges were filed because '€œit would have to be intentional,'€ Wood said, adding Strain was unaware of the violation. Under the statute, Strain could have faced a $500 fine.


Comments

20 comment(s)

    miker wrote on Jun 25, 2008 12:58 PM:

    " Isn't this the same dirtbag that sold St Tammany land to a friend so he could make $250,000 in a 1 day deal to sell to the La State Troopers? You northshore Idiots are just like JP and Orleans Idiots..."Broussard is such a great guy"..."poor Ray is sooo misunderstood" "Please give Mr Jeferson 1 more chance". "

    Dolores Atwood wrote on Mar 27, 2008 3:37 PM:

    " These emblems didnt get on the cars for free but good old tax payers money is just sitting there waiting to be stolen. I was just glancing through an older newspaper wherein Jack Strain said if his bill didnt pass at voting time he would have to lay off 75 people. But no problem with money here. "

    angel wrote on Mar 27, 2008 1:03 PM:

    " oh yes strain is so great and wonderful!!! when he didnt get his great pay rise last year they increased the impact fee on homes. and then he took away the DARE program from the rural schools. i mean come on. i think he should have to pay to take it off and pay his fine. he has done so much for this parish, yeah right. for his people. i bet if you went and asked for his help or had a problem he wouldnt even know who you were. "

    umustbekidding wrote on Mar 27, 2008 1:07 AM:

    " the other posters are right, they tailgate you so closely at night they can read your gas gauge but I have to pay some connected bodyshop to remove a sticker they know is there. how many vehicles in St. Tammany drive missing the complete headlight assembly(not a burned out bulb but a missing assembly that doesn't work) yet they follow law abiding citizens while obviously impaired people pass right by.go out late on a weekend night and feel yourself sweat as they tailgate you for a mile waiting for you to screw up while wrecks drive around legally.Duh, "

    b.d. wrote on Mar 26, 2008 11:11 AM:

    " if the law says he was wrong and it had to be removed then it would be up to him to pay the cost not the tax payer ?

    just because he is the sheriff does not give him the right to make the tax payer pay for his oversight . weather its rite or wrong he did break the law . then should he not have to pay for it .

    if it was me or you we would have to pay the cost then why not him ?

    "

    Rory wrote on Mar 26, 2008 10:27 AM:

    " Strain isn't the only parish official plastering his name over taxpayer-supported space.

    The St. Tammany Clerk Of Court's website banner has the same picture and font as Malise Prieto's campaign billboard that was up on I-12 before her election.



    "

    Richard Evans wrote on Mar 25, 2008 9:12 PM:

    " If they're 2 centimeters behind you, lock up the brakes, and claim whiplash... Really, though, the textbook thing to do is "slow down, and give them a chance to get around". "

    E C wrote on Mar 25, 2008 9:04 PM:

    " Mr. Strain may be a good person and a great sheriff, but how many times have we gotten tickets and fines for doing something unintentional? All my speeding tickets were unintentional, but I paid my fines. My beef is with the La. Board of Ethics for dropping fines and charges. Bobby Jindal promised a gold standard of ethics. come on lets try to start cleaning up Louisiana. It has to start somewhere. "

    RDG wrote on Mar 25, 2008 11:11 AM:

    " Hey all of you are reaming Strain for this, but you what for the Sheriff that has done so much for St Tammany I think he deserves the recognition. Big deal he used taxpayers money for the decals, I think that should be the least of your concerns. "

    Thomas Monroe Peters wrote on Mar 25, 2008 10:52 AM:

    " I have known Sheriff Strain all my life and he is a great man. He has done so much to keep St Tammany safe. We all make mistakes everyday and not if any Sheriff in the state knew that law. True if it was one of us it would not matter, we would be fine. Leader just like professional Athlete get away with a lot. That's just the times we live in. Sheriff Strain keep up the Great work and I love you Man. "

    Anthony wrote on Mar 25, 2008 2:17 AM:

    " Great point Dr. Petrakis. It is free advertising and unfair to opposing candidates during elections. "

    Lee wrote on Mar 24, 2008 9:11 PM:

    " So, instead of paying the fine back into the taxpayer's money, the Sheriff fixed his mistake using the taxpayer's money?

    Is he above the law? "

    dictatorship wrote on Mar 24, 2008 9:09 PM:

    " How many times have you looked in your rear-view mirror to see a St. Tammany Parish Sheriff illegally tailgating you, watching your every move and speed on his radar?

    So now you tell me, as they drive only two centimeters away from my bumper to make me nervous, they can't even get their decals right?
    "

    E C wrote on Mar 23, 2008 4:52 PM:

    " May be Toys for Tots Fund can pay for name his name to be removed "

    Neaux Cue wrote on Mar 23, 2008 10:01 AM:

    " This is a lot of wasted time. To have someone just riding around looking for Names on cars!!!!!!!!!!!!!!!!!!! "

    Kathy wrote on Mar 22, 2008 5:15 PM:

    " I, personnally don't mind that his name is on the vehicles. This man has done a lot to keep the residents of St. Tammany safe, and I feel this is "much ado about nothing". "

    UVRays wrote on Mar 22, 2008 9:10 AM:

    " How can anyone conclude this is inadvertant? It is the second time he has been cited for violating the same law. Weak enforcement of public ethics laws does not serve our state well! "

    nomore jack wrote on Mar 21, 2008 9:35 PM:

    " No charges were filed because "it would have to be intentional," Wood said, adding Strain was unaware of the violation. Under the statute, Strain could have faced a $500 fine.

    You can bet if a Citizen were to violate a law unknown to them, they would be charged and fined! "

    Jason wrote on Mar 21, 2008 12:45 PM:

    " Yeah right, he didn't know it was there. How many cars does he pass in one day and he never looked at the emblem. Typical politician. "

    M.L. wrote on Mar 20, 2008 9:07 PM:

    " What I would like to know is if tax payer money was used again to remove his name or did he pay for it at his own expense (like he should have been made to do)? "

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