Auditor finds possible legal violations by Jeanerette marshal

A Louisiana Legislative Auditor investigation has found numerous potentially illegal activities by the Jeanerette City Marshal, including pay during off-duty assignments, possible dual office holding, improper bonuses, and double-dipping in state retirement systems.

The investigation was conducted “to determine the validity of complaints [the auditor's office] received” about Jeanerette City Marshal Fernest Martin regarding five issues: pay to deputy marshals while they worked private security details, improper overtime and auto allowance payments, holding multiple full-time public offices, improper Christmas bonuses and dual enrollment in two publicly-funded retirement systems.

Auditors combed through the department’s records and found evidence to support the complaints, but did not conduct a full scale audit or issue an opinion on the investigation. The 27-page report was released last week and delivered to the district attorney for the 16th Judicial District of Louisiana.

The investigation showed the marshal’s office “instructed employees to work private security details in Texas and Lake Charles, Louisiana, in the aftermath of Hurricane Harvey” and those full-time employees were paid $10,925 without taking leave between Aug. 30, 2017 and Sept. 26, 2017, while they also earned salaries from the private company. The employees used the marshal’s office’s vehicles and $1,790 in fuel charges, according to the report.

“In addition, it appears that Marshal Martin previously loaned money to the private security company’s representative, who offered to repay the loan with proceeds from the security details (the marshal’s office) employees worked in Texas and Lake Charles, Louisiana,” the document read.

The arrangement and resources used for private security “may have violated the law.”

Auditors found between January 2012 and June 2021, the Jeanerette City Marshal’s Office paid Martin $119,639 in overtime and car allowance payments that seemingly conflict with laws prohibiting the use of office funds to supplement salary.

The report contended Martin may have violated state dual employment laws, as well.

“From August 7, 2017 to February 24, 2020, Marshal Martin simultaneously held positions as the elected Jeanerette City Marshal, the appointed police chief for the City of Jeanerette (City), and a full-time employee of the Iberia Parish School Board,” auditors wrote. “State law prohibits an elected official from holding a full-time appointed position in a political subdivision. State law further prohibits a person holding a full-time appointed position in a political subdivision from holding other full-time employment in a political subdivision.”

Auditors contend the marshal’s office also improperly paid Christmas bonuses totaling $19,450 to employees, including $4,400 to Martin, between December 2013 and November 2018 – a potential violation of a provision in the Louisiana Constitution prohibiting the donation of public funds, according to the report.

Auditors found Martin has participated in the Teacher’s Retirement System of Louisiana and the Municipal Employees’ Retirement System of Louisiana since 2009, despite MERS prohibitions against members participating in another publicly funded retirement system.

Martin offered auditors explanations and justifications for most of the alleged violations, but evidence from text messages and interviews with employees contradicted his claims. The Legislative Auditor offered 14 recommendations centered on creating policies and procedures to avoid future violations and correct current conflicts.

Martin responded to the findings in a Feb. 14 letter to Legislative Auditor Michael Waguespack that blamed the issues on a fired office administrator and vowed “to correct any errors we may have made and to ensure that we comply with the law in every respect.”

“My office is in the process of addressing the issues raised and recommendations made in the report. However, we have not had sufficient time, since the report was delivered to us on January 24, 2022 to fully investigate all issues raised in the time given to us to respond,” Martin wrote.

“It has been difficult to respond fully, in part, because many of the issues raised occurred during the employment of an individual who was terminated in 2019 and who was charged with several criminal offenses related to her duties and responsibilities as Office Administrator. Consequently the records are not complete, nor will they be any time soon, in view of her pending criminal charges,” the response read.

Martin, marshal since 2009 and the school system’s drill sergeant, touted his “impeccable” record and promised “to improve on inner office operations” in a statement to KATC.

“Although no office is perfect, my commitment to you is and always has been to serve and protect you honorably,” he wrote. “My team has implemented and revised the necessary policies and procedures to insure all of the auditors recommendations have been fixed and will not happen again.”