‘Whistle-blower’ suit filed

Advocate staff photo by ADAM LAU -- Semi-trucks used to stage FEMA supplies, including ice, in early September following Hurricane Issac fill the parking lot at the Lamar-Dixon Expo Center in Gonzales. Show caption
Advocate staff photo by ADAM LAU -- Semi-trucks used to stage FEMA supplies, including ice, in early September following Hurricane Issac fill the parking lot at the Lamar-Dixon Expo Center in Gonzales.

Ex-state worker says his objections about waste of Isaac supplies got him fired

A former state employee filed a whistle-blower lawsuit Thursday saying he was fired for complaining about the state’s allegedly excessive ordering of ice and other emergency supplies during Hurricane Isaac and wasting them, at great expense to taxpayers.

Bruce Ellis, who worked for the Governor’s Office of Homeland Security and Emergency Preparedness from 2006 until his termination on Sept. 14, claims in the suit that GOHSEP officials intercepted two emails he sent Sept. 12 documenting the alleged misuse and waste of taxpayer money.

Ellis’ suit states he was told he was terminated “because of his emails” — one to several other employees outlining his opposition and criticisms, and the other detailing his notes regarding many of the alleged improprieties he observed.

The suit, filed in the 19th Judicial District Court, contends Ellis “enjoyed clearly established rights to protest, oppose, and report misuse and abuse of State and Federal monies …”

“Mr. Ellis stood up for what was right. Unfortunately, he paid a very dear price,” his attorney, Jill Craft, said. “He serves honorably in our military and could not silently sit by while taxpayer monies and precious resources were being needlessly wasted.”

“We can’t speak to the allegations because GOHSEP hasn’t been served with a lawsuit, and contact with his legal counsel after the termination was the first time we’d heard of Mr. Ellis allegedly acting as a ‘whistleblower’,” GOHSEP said in a statement released through spokeswoman Christina Stephens.

“In every disaster, we hope for the best, but prepare for the worst, and our response to Isaac was no different,” the agency said in its statement.

Ellis’ suit says truckloads of ice were taken to Pelican Ice’s “dry/unrefrigerated” warehouse in Lacombe and to the Louisiana State Penitentiary at Angola after the storm where the ice was allowed to melt, costing the state more than $2.5 million. Pelican is the state’s ice vendor.

The suit says 350 truckloads of ice were taken to Angola.

“The ice truckloads were hidden from public view at both Angola and the Pelican warehouse. The unnecessary ice was then downloaded, Pelican was paid, and the ice was allowed to melt outside of public view at both locations,” Ellis alleges in the suit.

“In videos taken at the Pelican warehouse, several workers can be seen playing ice-skating rink with forklifts in the melting ice,” the suit adds.

“The ‘ice operation’ was deliberately undertaken to hide the massive quantities from media and the people of this State,” the suit alleges.

The suit notes that The Advocate filed a public records request Sept. 12 for information regarding the melting ice.

“In response, and over (Ellis’) protest, the Baton Rouge Advocate was deliberately not informed of the melting ice at the Pelican facility in Lacombe,” the suit states.

In addition to the ice, Ellis opposed the placement of generators — one requiring the help of a military helicopter to place it on the roof of a water treatment facility — that were “entirely unnecessary and many of which went unused,’’ the suit says.

Ellis also opposed the “redundant and wasteful purchase” of more tarps that ultimately resulted in the state nearly tripling the amount of tarps in its stockpile from a pre-storm total of 17,000 to the current stock of 65,000, the suit states. Those 65,000 tarps cost $5.2 million, the suit says. Some 132,000 tarps were purchased in response to Isaac at a cost of $11.9 million, the suit adds.

Stephens has said previously that the state ordered a seven-day ice supply based on projections for Isaac as well as the state’s experience with previous storms and the power outages expected.

Isaac knocked out power to 903,000 customers, she said, but most of the state regained power in three to four days, meaning the need for ice was drastically reduced and shipped-in ice was left unused. She has said the state makes no apology for being over-prepared.

Stephens has said recipients of unused ice included the state Department of Corrections, state Department of Wildlife and Fisheries, points of distribution for hurricane aid, sites where disaster food stamps are being distributed, and Pelican Ice.

A seven-day ice supply consists of about 900 tractor-trailer loads of ice and is expected to cost the state $2.4 million under its 25 percent share of the total cost, Stephens has said. The federal government will cover the remaining 75 percent.

The state is seeking a 90 percent federal share, which, if approved, would reduce Louisiana’s cost to less than $1 million, she has said.

Ellis’ suit has been assigned to state District Judge William Morvant.


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Comments (8)


1) Comment by JeffryLaMonteSanford - 07/12/2012

Remember to get out and vote tomorrow.

2) Comment by JeffryLaMonteSanford - 07/12/2012

I wonder who is going to pay for the ice when Congress refuses to raise the deb ceiling?

3) Comment by 8point6 - 07/12/2012

phil: It's called being self sufficient and not relying on the government to take care of you. Just family/relatives coming together and helping one another, and helping other people, albeit they are not family/relatives. Don't try to get my "progressive" friends to understand that.

4) Comment by phil - 07/12/2012

The costs of ice might be hard to justify anyway. I personally lost power for quite a dew days. My refrigerator stayed fairly cold for about 2 days because I filled the freezer with jugs of water and froze them before the storm. On about the 3rd or 4th day I cooked everything in the freezer and then had to go BUY ice at a local ice machine that already had power restored. So how do you even get that free ice if you really needed it? I ate everything I had in the freezer but lost some of the food in the refrigerator. How about teaching folks to store canned goods to eat and store water for emergency situations? If you think I am going to rely o the government to furnish me with ice after a hurricane then think again. Besides if the grocery stores do not get power who is going to sell all of that stuff that needs to be kept cold anyway. I guess I could have used some free ice to keep my beer cold or maybe to put into mixed drinks while I was waiting for the power to be restored. I think the government's free ice thing needs to be reconsidered.

5) Comment by mcBR - 07/12/2012

"65,000 tarps cost $5.2 million" Really? Do the math -- that's $80 per tarp. Can the state not get a better deal?

6) Comment by wtf-over - 07/12/2012

I think gary is right. It's going to be difficult for Mr. Ellis to prove this was intentionally wasted. Many resources are wasted during preparations if they are not needed. That's the nature of the the beast. It's better to have it and waste it, than need it and not have it. Storing 350 truck loads of ice with generator powered refrigeration would cost a bazillion dollars more than just wasting it.

7) Comment by phil - 07/12/2012

I give Mr. Ellis credit for standing up and telling this. Wasting funds for special situations seems to happen a lot in LA. For example, we are spending a lot of money for back-up generators for sewer pumps in BR that might never be used. Those generators are expensive to install and maintain and will have to be a recurring expense for the local sewer. Of course, that is just my opinion and you can call this whistle blowing or not. Concerning this ice issue, why in the world didn't they try to find a place with power to store the ice or run a generator to keep it frozen until it could be used or maybe even sold later? I think maybe "being prepared" should have included having a method to keep the ice frozen until it was needed or the ice could be sent back for storage and/or possibly sold after the storm.

8) Comment by gary - 07/12/2012

Mr. Ellis will have a hard time winning this suit . If Issac would have stalled for a day or two - the ice would have been needed, can't faught anyone for being overly prepared for a hurricane. Maybe there is more to his firing - he could have frowned at the Governor or something like that.