State v. Thompson

• Decision Date: 18 March 2015
• Docket Number: 49,483–KA.
• Citation: 163 So.3d 139
• Parties: STATE of Louisiana, Appellee v. Leslie C. THOMPSON, Appellant.
• Court: Court of Appeal of Louisiana — District of US

163 So.3d 139

STATE of Louisiana, Appellee

v.Leslie C. THOMPSON, Appellant.

49,483–KA.

Court of Appeal of Louisiana, Second Circuit.

March 18, 2015.

Rehearing Denied April 9, 2015.

Louis G. Scott, Carol D. Powell Lexing, Counsel for Appellant.

Leslie C. Thompson, In Proper Person.

Jonathan M. Stewart, District Attorney, Kenneth P. Haines, Lea R. Hall, Jr., Assistant District Attorneys, Counsel for Appellee.

Before STEWART, MOORE & PITMAN, JJ.

Opinion

PITMAN, J.

A jury convicted Defendant Leslie C. Thompson, the mayor of the Town of Jonesboro (“the Town”), as charged of three counts of malfeasance in office. As to Count I, the trial court sentenced Defendant to three years at hard labor with a $1,000 fine. As to Count II, the trial court sentenced Defendant to three years at hard labor with a $1,000 fine. As to Count III, the trial court sentenced Defendant to five years at hard labor, with all five years suspended and Defendant placed on supervised probation upon his release from incarceration, with a $1,000 fine and an order to pay court costs. The trial court ordered Counts I and II to run consecutively with each other and concurrently with Count III. It also ordered that, during the course of the five-year supervised probation, Defendant make restitution to the Town in the amount of $51,792.81. For the following reasons, we affirm Defendant's convictions. We vacate his sentences and remand the matter to the trial court for resentencing consistent with this opinion.

FACTS

Defendant assumed the office of mayor of the Town on January 1, 2007. On March 5, 2013, the state filed a bill of information charging Defendant with three counts of malfeasance in office in violation of La. R.S. 14:134, 33:404 and 14:24. The bill of information alleged that:

he, being a public officer or public employee, did intentionally fail to perform a duty required of him, as such officer or employee, and intentionally performed such duty in an unlawful manner, and knowingly permitted other public officials and public employees, under his authority, to intentionally refuse or fail to perform such duty lawfully required of him, or perform such duty in an unlawful manner by failing to direct the administration and operation of the Town of Jonesboro, including all municipal departments, offices, and agencies, in conformity with provisions of state law in that

Count I: on or about June 30, 2007 through June 30, 2012, in violation of La. R.S. 24:513, La. R.S. 24:518, La. R.S. 44:36, and La. R.S. 44:412, he:

1. neglected, failed or refused to furnish the legislative auditor with such papers, accounts, books, documents, films, tapes, and other forms of recordation, including but not limited to computer and recording devices, whether confidential or otherwise, that the legislative auditor has the right to inspect and examine, and

2. denied the legislative auditor access to the office, or to papers, accounts, books, documents, films, tapes, and other forms of recordation, including but not limited to computer and recording devices, whether confidential or otherwise, that he has the right to inspect or examine, and

3. refused, failed, or neglected to transmit to the legislative auditor reports, statements of accounts or other documents upon request as provided by law, and

4. obstructed or impeded, in any manner, the legislative auditor in making the examination authorized by law, and

5. failed to exercise diligence and care in preserving the public records of the Town of Jonesboro for the period or periods of time specified by law for such public records or not preserving and maintaining those records for a period of at least three years from the date on which the public record was made, and

6. failed to establish and maintain an active continuing program for the economical and efficient management of the records of the Town of Jonesboro, and

Count II: between January 2011 and June 2012, in violation of La. R.S. 14:67, La. R.S. 11:1751, and La. R.S. 11:1732(13) he misappropriated or took, with the intent to deprive permanently, a thing of value of a value of one thousand five hundred dollars or more, to-wit: public funds belonging to the Town of Jonesboro in the amount of $13,720.75, which belong to another, without the consent of the other to the misappropriation or taking, and by means of fraudulent conduct, practices, or representations, specifically by providing payments of public funds to the the [sic] Municipal Employees Retirement system for employees who were not actively employed on a permanent regularly scheduled basis of at least thirty-five hours per week, and

Count III: between January 2011 and June 2012, in violation of, La. R.S. 14:68 he took or used, without the intent to deprive permanently, a movable, to-wit: public funds belonging to the Town of Jonesboro in the amount of $38,072.06, which belong to another, without the consent of the other to the taking or use, and by means of fraudulent conduct, practices, or representations, specifically by providing payments of public funds for Blue Cross Blue Shield of Louisiana insurance premiums for non-employees of the Town of Jonesboro.

404(B) Notice

On March 15, 2013, the state filed a La. C.E. art. 404(B) notice alleging that the following other crimes, wrongs and acts occurred during Defendant's tenure as mayor:

1. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, made no collection efforts on delinquent utility accounts as noted in the Town of Jonesboro Compliance Audit Issued June 1, 2011 filed in discovery on March 6, 2013.

2. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, made no effort to hold a tax sale for unpaid 2008 property taxes as noted in the Town of Jonesboro Compliance Audit Issued June 1, 2011 filed in discovery on March 6, 2013.

3. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, authorized extended payment terms for town residents of unpaid utility balances as noted in the Town of Jonesboro Compliance Audit Issued June 1, 2011 filed in discovery on March 6, 2013.

4. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, participated in the sale and swapping of real estate without a proper appraisal or board approval as noted in the Town of Jonesboro Compliance Audit Issued June 1, 2011 filed in discovery on March 6, 2013.

5. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, hosted an inauguration ceremony and paid for it with public funds as noted in the Town of Jonesboro Compliance Audit Issued June 1, 2011 filed in discovery on March 6, 2013.

6. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, conducted the business and financial operations of the Town of Jonesboro with significant deficiencies including, noncompliance with audit law, noncompliance with the Local Government Budget Act, noncompliance with the Public Bid Law, lack of financial oversight, lack of accounting expertise, lack of adequate training on accounting system, accounting records in disarray and not complete, bank accounts not reconciled, no clear accounting of dedicated taxes, lack of control over payables and disbursements, customer utility accounts not reconciled, water meter deposits not reconciled, Ad valorem taxes not reconciled, written policies and procedures not complete, lack of control over capital assets, lack of controls over traffic tickets, and no disaster recovery/business continuity plan as noted in the Town of Jonesboro Compliance Audit Issued June 1, 2011 filed in discovery on March 6, 2013.

7. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, mismanaged the operations of the town in such a way that resulted in the appointment of a Fiscal Administrator, Bill Ryder, as evidenced in Fiscal Administrator's Progress Report As of the Close of Business on July 25—October 8, 2012 filed in discovery on March 6, 2013.

8. Leslie C. Thompson, acting as mayor of the Town of Jonesboro, paid full time benefits to non-full time employees of the Town of Jonesboro as noted in the attached documents as noted in the Investigative Audit issued March 13, 2013 filed in discovery on March 15, 2013.

9. Leslie C. Thompson, acting as mayor of the Town of Jonesboro made personal use of a town vehicle as noted in the Investigative Audit issued March 13, 2013 filed in discovery on March 15, 2013.

10. Leslie C. Thompson, acting as mayor of the Town of Jonesboro failed to make timely reimbursements for unused travel advances as noted in the Investigative Audit issued March 13, 2013 filed in discovery on March 15, 2013.

11. Leslie C. Thompson, acting as mayor of the Town of Jonesboro failed to remit unclaimed property to the State of Louisiana as noted in the Investigative Audit issued March 13, 2013 filed in discovery on March 15, 2013.

On May 7, 2013, a hearing was held on the 404(B) notice. Kevin Kelley, an audit manager with the Louisiana Legislative Auditor's (“LLA”) Office, testified about the first six alleged acts in the 404(B) notice, which resulted from a compliance audit on the Town that was issued on June 1, 2011, by the LLA. As to the first alleged act, Mr. Kelley stated that a large number of utility accounts were uncollected, which left a substantial balance, and noted that Defendant had no knowledge of any collection efforts and was unaware of the uncollected balance. As to the second alleged act, Mr. Kelley testified that, as a result of the record-keeping problem, the Town could not identify who had and had not paid property taxes. Because of this uncertainty, the Town could not conduct a property tax sale. As to the third alleged act, he stated that Defendant established a program that extended payment terms for unpaid utility balances. As to the fourth alleged act, Mr. Kelley noted that two appraisals were conducted on Town-owned property and that the board of aldermen accepted an offer, but that a different parcel of land was sold. As to the fifth alleged act, he testified that the auditors examined Town records, including bank...