I-TEAM: High-ranking state official approves contracts for friend, traveling buddy

BATON ROUGE, La. (WAFB) - Nearly $700,000 worth of contracts for lighting and other electrical supplies were awarded to a close associate of a high-ranking Department of Corrections Warden, the WAFB I-TEAM uncovered through a public records request.

While there is nothing illegal about the bidding process, a public policy watchdog questions the fairness of what’s happening.

That watchdog, Dillard Public Policy Professor Robert Collins, looked at what we found and said these types of business dealings reek of the good ole boy network.

“I have no doubt that the DOC lawyers will say we followed the letter of the law,” Collins said. “Everything is clean. The laws were followed to the T. Nobody is questioning that or implying criminality. But, just because crimes weren’t being broken doesn’t mean you didn’t do harm to the process. Just because you followed the letter of the law doesn’t mean there isn’t an appearance of impropriety.”

TRAVELING AROUND THE COUNTRY

Pictures detail what appear to be a close relationship between Department of Corrections Warden Tim Hooper and Businessman Herb Fritts.

From stunning mountainscapes touching the sky to the valleys of vineyards in California, Hooper’s travels with his spouse are documented through photographs along with travel companion Herb Fritts and his spouse.

Photos in front of majestic waterfalls in Oregon to high end dinners and trips to LSU and Saints Football games show the couples are well traveled.

Time stamped photos indicate that travel began occurring years before the first contracts were awarded.

On July 5, 2023, Herb Fritts started a company called Eagle Consulting, Management & Procurement Services, LLC. Within several months of that company filing with the Louisiana Secretary of State, contracts begin getting awarded to it by the Department of Corrections.

In many cases, there are several names on invoices that were submitted to the state, but Hooper was always the last layer of approval.

“This is not a company that has been doing this for years, decades or this was their primary purpose or job,” Collins said. In his opinion, Collins thinks this company could have been specifically incorporated so that the person who owns the company could get these types of contracts from a friend.

CRITIC QUESTIONS CONTRACTS

The contracts that the I-TEAM reviewed showed some of the contracts did not go out for bid, and were awarded for jobs that fell below the required mark triggering the state bid process. Payroll records show Hooper was the warden at the State Penitentiary at Angola when Friitts began getting those contracts. Hooper is now over Elayn Hunt, earning about $180,000 per year.

The WAFB I-TEAM requested contracts from both places where Warden Tim Hooper has ties to and found both prisons awarded contracts to Fritts as follows:

Angola - $636,254.50

Elayn Hunt - $32,308.50

“In this case there is the appearance of impropriety because it looks like there is a guy awarding contracts to his friend,” Collins said.

PUBLIC BID LAW REQURIES COMPETITION

State law requires certain contracts over $10,000 to go through a public bid process which requires multiple quotes. But, there is an exception. An executive order says projects less than $25,000 do not have to go out for public bid if they’re going to a veteran-owned business like the one Fritts owns. Fritts' biography online says he served 21 years in the Louisiana National Guard.

In some cases, the purchases the state made from Fritts were done in quick succession over multiple days during the same week.

For example, orders for light bulbs were placed on July 25, and three separate invoices were submitted on July 30th totaling $23,000.

“The reason why this is important from an economic development standpoint - is because it sort of perpetuates the image that Louisiana is this backwoods old boy network thing to get jobs and contracts, money you have to know somebody,” Collins said. “Have to be friends with somebody or be related to somebody. If I’m a businessman looking to locate in Louisiana, I’m asking why should I move my business to Louisiana? Why should I bring the jobs and tax money? I’m not going to get a fair shot because I’m not related to anyone.”

The WAFB I-TEAM reached out to Herb Fritts requesting an interview. He did not grant that request and sent us an email referring us to state procurement guidelines and executive order JML24-114.

That’s the new measure that makes it easier for veteran-owned businesses to get contracts without public bid.

DEPARTMENT OF CORRECTIONS RESPONSE

In addition to asking Fritts for an interview, we also asked for an interview from the Department of Corrections.

Deputy Secretary Derek Ellis issued the following statement in response to our questions for this story.

Maintaining adequate security lighting at our institutions is imperative and a key to operating a safe prison. The maintenance of our security lighting systems is an ongoing issue, especially on fence lines, walkways, and in our cellblocks and dormitories where lighting systems are exposed to a lack of climate control and damage from inmates. Any equipment that needs to be replaced and/or upgraded must be hardened and appropriate for correctional institution use. Finding vendors that can provide the equipment in a cost-effective manner is difficult. Eagle Consulting Management is one such vendor.

Eagle Consulting Management, LLC (“Eagle”), is a certified by Louisiana Economic Development (“LED”) as a locally owned, disabled veteran small business (certification #26313). Eagle’s pricing has been determined to be reasonable and competitive. Security lights purchased from Eagle for DOC facilities were acquired in accordance with Louisiana procurement rules through the Small Purchase Executive Order (JML 24-114) and by competitive bid via the Office of State Procurement.

For reference, Executive Order JML 24-114 states the following:

Section 4(A): No competition process is required for purchases not exceeding $10,000 per single transaction.

Sections 4(B) & (C): For purchases between $10,000 but not exceeding $25,000. When the price is determined to reasonable, the requirement to solicit five (5) quotations may be waived when purchasing from a certified small entrepreneurship or certified veteran owned small entrepreneurship. Reasonable is a best-value determination based on price, delivery, service, and/or any other related factors.

Any purchases over $25,000 were either approved prior to purchase or competitively bid and awarded by the Office of State Procurement (OSP).

Regarding the purchases by Louisiana State Penitentiary (“LSP”), the vast majority of expenditures ($483,670) was for the replacement of corner lights and vandal proof lights in our cellblocks and dormitories. These fixtures must be hardened and appropriate for a correctional facility. It should be noted that the purchase of the corner lights was competitively bid through OSP. Many of these lighting units were damaged or were obsolete, and replacement was the best option. The next highest allocation of purchases ($58,960) was for fence lighting, canopy/walkway lighting, exit lighting, and high bay lighting for the rodeo grounds. The remainder of the expenditures were predominantly for replacement bulbs. Many of these items, especially light fixtures and fence lights, are critical to security and must be replaced immediately when a broken fixture is discovered. Additionally, LSP must keep spare units on hand so that they can be quickly replaced when necessary. LSP, due to the sheer size of the facility, consumes these items in much greater quantities than might be consumed at other institutions. It should noted that LSP and its maintenance division are divided among Main Prison (Treatment Center, Rodeo, and TU) and outcamps (Camps C, D, F, RC, and Death Row). For reference there are more than 600 fence lights and 3,000 LED fixtures at Main Prison alone.

Purchases at EHCC consisted of replacement fixtures and bulbs.

In closing, the lighting supplies and equipment purchases made by LSP and EHCC are necessary, within the scope of the Department’s purchasing authority, and were approved and/or bid out by the Office of State Procurement where required.

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