Investigative Report St. Charles Parish Sheriff s Office Item Number: A

Transcription

1 Investigative Report St. Charles Parish Sheriff s Office Item Number: A On Monday, December 14, 2009, at approximately 10:00 a.m., Sheriff Greg Champagne and Major Sam Zinna, Chief of Investigations, met with Mr. Paul Hogan, St. Charles Parish Councilman, District 4, in reference to a complaint he wanted to file against the St. Charles Parish Library Board of Control, Library Director Ms. Mary desbordes and Norman Chenevert, Chenevert Architects, LLC, in regards to the East Regional Library Expansion Project in Destrehan, Louisiana. Mr. Hogan s primary complaint was that Architect Norman Chenevert of Chenevert Architects, LLC was not the firm selected by the Qualification Based Selection Review Panel (QBS Panel) of St. Charles Parish on May 14, 2003, to provide architectural services for the St. Charles Library Board for the East Regional Library Expansion Project. Mr. Hogan also alleged that the signing of the contract for architectural services with the St. Charles Parish Library Board of Control by Chenevert constituted a criminal violation of R.S. 14:133 Filing or Maintaining False Public Records as it pertains to Section (3): Any document containing a false statement or false representation of a material fact. Mr. Hogan s claim is based on the presumptions that Norman Chenevert of Chenevert Architects, LLC was not directly selected by the QBS panel and that Chenevert Architects, LLC was not registered with the Louisiana Secretary of State Office when the contract was signed; therefore, he alleges that Mr. Chenevert falsely represented that he had the authority to sign the contract for architectural services with the library board. Mr. Hogan provided the following documents to Sheriff Champagne and Major Zinna relative to this matter: Item #1 - Item #2 - Public Notice request for Qualifications for Professional Services by the St. Charles Parish Council for the East Regional Branch Library Expansion Project Number: P Handwritten date at top of notice of Published in The St. Charles Parish Herald-Guide on Wednesday, March 26, 2003; Wednesday, April 2, 2003; and Wednesday, April 9, Affidavit from Norman J. Chenevert that he is the Treasurer of Chenevert, Songy, Rodi, Soderberg, Inc., filed in the parish of East Baton Rouge, dated April 10,

2 Item #3 - Item #4 - Item #5 - Item #6 - Item #7 - Item #8 - Item #9 - Item #10 - Professional Engineer and related services questionnaire for CSRS for the East Regional Branch Library Expansion, stamped as received by the Parish Council on April 10, This document reflects Norman J. Chenevert, AIA, Principal, as the point of contact. Letter from St. Charles Parish Department of Public Works dated May 14, 2003 to Mr. Norman J. Chenevert, AIA, CSRS, advising that his firm was selected by the QBS panel for the Library Expansion Project. The proposed contract for Architectural Services between Chenevert Architects, LLC and the St. Charles Parish Library Board of Control, which does not reflect a specific day of Month, 2003, for the East Regional Branch Library Expansion, St. Charles Parish Project #P The agreement was signed by Willie D. Scott, Sr., as President of the Library Board and Norman J. Chenevert, AIA, sole member for Chenevert Architects, LLC. Amendment #1 to the original contract was made part of the document. Transmittal letter on CSRS stationary sent to St. Charles Parish Library, Attention: Ms. Mary desbordes from Norman J. Chenevert, AIA, dated June 13, 2003, that reflects four (4) signed contracts are attached. Louisiana Secretary of State record reflecting that Chenevert Architects, LLC registered as an LLC on June 16, 2003 with Norman J. Chenevert, 6767 Perkins Road, Suite 101, Baton Rouge, LA 70808, as the registered agent of the company. Louisiana Secretary of State record reflecting CSRS, Inc., as a business corporation. Letter on CSRS stationary addressed to Mr. Tim Vial, Chief Administrative Officer, St. Charles Parish Government, P.O. Box 302, Hahnville, LA 70057, dated July 3, 2003, that Norman Chenevert on June 4, 2003 announced his resignation from CSRS, signed by Ronald J. Rodi, P.E. Letter on Chenevert Architects, LLC stationary addressed to Ms. Mary desbordes, St. Charles Parish Library, P.O. Box 949, Luling, LA 70070, dated July 10, 2003 from Norman Chenevert stating that he sold his interest in CSRS and began Chenevert Architects, LLC. The letter states that on some public contracts that cannot be changed we will continue to serve your account 2

3 through CSRS. This is truly and simply a name change only. The letter was signed by Norman J. Chenevert, AIA. Item #11 - Item #12 - St. Charles Parish Library Board minutes, dated September 15, 2003, in which Mr. Chenevert was present and explained the change of the name of his architectural firm and presented information regarding the East Regional Library Expansion Project. A CSRS Invoice dated September 10, 2003, address to Ms. Mary desbordes for the St. Rose Branch Construction Administration Closeout in the amount of $1, The invoice reflects that the Vendor/Expense is for Chenevert Architects, LLC. The aforementioned documents are made part of this report. Upon reviewing the proposed contract for Architectural Services between Chenevert Architects, LLC and the St. Charles Parish Library Board of Control (Item #5), Major Zinna noted that the first paragraph stated the following: The Qualification Based Selection Review Panel of St. Charles Parish selected CSRS (Chenevert Songy Rodi Soderberg, Inc.) as the firm to provide architectural services to the St. Charles Parish Library for the East Regional Library Expansion Project (P030306) on May 14, This firm, and the persons listed in the proposal made by CSRS, is now operating under the company name Chenevert Architects, LLC and shall be known henceforth in this contract. As previously stated, the agreement did not have a date or month that it was signed in However, due to the transmittal letter sent to Ms. desbordes from Mr. Chenevert dated June 13, 2003, with four (4) signed contracts attached, (Item #6), it can be determined with some degree of certainty that the contract was signed in June 2003, albeit a specific date cannot be established. On Tuesday, January 5, 2010, at about 10:00 a.m., Major Zinna met with Library Director Ms. Mary desbordes at the St. Charles Parish West Library, 105 Lakewood Drive in Luling. Major Zinna informed Ms. debordes of the allegations made by Mr. Hogan with regard to the East Regional Library Expansion Project and the fact that Mr. Chenevert signed the contract for architectural services with the library board even though the QBS panel had selected CSRS. Ms. desbordes advised that Mr. Chenevert was the principal architect for CSRS when the new St. Rose Library Branch was designed and then built. Subsequently thereafter, the library board wanted to do an expansion to the East Regional Library in Destrehan. CSRS, with Mr. Chenevert being the principal architect, submitted their professional engineer and related services 3

4 questionnaire, (Item #3), to the QBS panel for the project, which CSRS was selected on May 14, CSRS and the library board began working on a contract for architectural services. Ms. desbordes advised that during that time, Mr. Chenevert had mentioned to her that he sold his interest in CSRS and began Chenevert Architects, LLC and that he would remain the architect on the library project. Ms. debordes stated that neither herself nor the library board had specific knowledge of the business matters between Mr. Chenevert and CSRS and how that transition took place; however, Mr. Chenevert did request to have the first paragraph inserted in the contract for architectural services for the project, (Item #5), as stated previously in this report. Ms. debordes advised that at a point after the library board signed the contract with Mr. Chenevert, they decided to pursue the building of a new library in Destrehan, in which Chenevert Architects continued on with that work for the board. Ms. desbordes stated that she did not have any documentation that reflected when the Library Board President Mr. Willie D. Scott, Sr signed the contract. Ms. desbordes informed Major Zinna that Mr. Scott passed away in October Major Zinna obtained an audio-recorded statement from Ms. desbordes relative to the information she provided in this matter. The six (6) page transcribed statement is made part of this report. Upon careful review and evaluation of the documents obtained in this investigation and the information provided by Ms. desbordes, Major Zinna has determined that Ms. debordes, as the Director for the St. Charles Parish Library, or the members of the Library Board of Control, cannot be held criminally responsible for an act that may or may not have been performed by another. Therefore, the allegation by Mr. Hogan against these parties is clearly unfounded. Major Zinna wishes to note that the St. Charles Parish Council adopted Ordinance # on May 18, 2009, to approve and authorize the St. Charles Parish Library Board of Control to enter into a contract for architectural services with Chenevert Architects, LLC for the design of a public library in Paradis. The ordinance stipulates that Chenevert Architects, LLC is knowledgeable and experienced in the field of library design, having done prior work for the St. Charles Parish Library System in St. Rose and Destrehan. This ordinance is made part of this report. The key questions in this case is: One (1), was Mr. Chenevert able to engage in the contract for architectural services for the East Regional Library Expansion Project after the QBS panel had selected CSRS? And two (2), was Chenevert Architects LLC a properly registered company with the Louisiana Secretary of State Office at the time the contract was signed in June 2003? 4

5 With regard to the first question, it would have been the responsibility of either the library board or the administration of parish government to determine if Chenevert Architects should have been awarded the contract for architectural services even though CSRS was selected by the QBS panel. Therefore, Chenevert Architects does not carry a burden in that matter. On Wednesday, January 6, 2010, at about 11:35 a.m., Major Zinna spoke with Mr. Norman Chenevert, via telephone, and informed him of the investigation that was being conducted with regard to the allegation made by Mr. Hogan. Major Zinna advised Mr. Chenevert that he would need to meet with him in person about this matter and requested that he provide a dated contract with the library board and his application to establish his LLC for Chenevert Architects that he filed with the Secretary of State Office. Mr. Chenevert advised that he will get the requested documents and contact Major Zinna as soon as practical for a meeting. On Monday, January 11, 2010, at about 11:00 a.m., Major Zinna contacted the St. Charles Parish Department of Legal Services and spoke to Legal Secretary Bobbi Cullin. Major Zinna requested that legal services research their files to determine if their department reviewed the contract for architectural services between Chenevert Architects and the library board in June On Tuesday, January 12, 2010, at about 2:00 p.m., Major Zinna was contacted by Dawn Higdon, Legal Assistant for the Department of Legal Services, who advised that she was unable to find any documents indicating that the contract was reviewed by legal services. On Tuesday, January 26, 2010, at about 2:00 p.m., Major Zinna arrived at the office of Chenevert Architects, LLC, 232 Third Street in Baton Rouge, Louisiana and met with Mr. Norman Chenevert, Ms. Cheryl Arceneaux, Chief Financial Officer, and Attorney Steven Loeb. Major Zinna advised the parties of the allegation made by Mr. Hogan and the purpose of the investigation. Mr. Chenevert advised that he was with CSRS at the time they submitted their qualifications to the QBS panel for the East Regional Library Expansion, but prior to CSRS being selected he was transitioning from CSRS to establishing his own company, Chenevert Architects, LLC. Mr. Chenevert s separation from CSRS was amicable and it was agreed upon by all concerned that he would maintain the library project. Mr. Chenevert and Mr. Loeb stated that they began working on a contract with the library board and during that same time they were preparing the necessary documents establishing Chenevert Architects. The Limited Liability Company Initial Report for the Secretary of State was executed on June 13, Ms. Arceneaux provided a copy of this report, which will be referred to as Item 13. 5

6 Mr. Chenevert and Mr. Loeb stated that it was on June 13, 2003, that the contracts were signed by Mr. Chenevert, which they were then sent to Ms. desbordes. It would have been after that date that the contracts would have been executed by the library board. Ms. Arceneaux, who was responsible for transferring the contracts to Ms. desbordes, in fact stated it was the procedure that Mr. Chenevert would sign the contracts and then she would send them to the other party for execution. On Monday, February 1, 2010, at about 2:30 p.m., Major Zinna had a phone interview with Mr. Ronald Rodi of CSRS, Inc., who was one of the partners with Mr. Chenevert at the time the QBS panel awarded the East Regional Library Expansion Project to their company. According to Mr. Rodi, when Mr. Chenevert resigned from CSRS, it was amicably agreed by all the partners that the library project would be transferred to Chenevert Architects, LLC. Mr. Rodi advised that Mr. Chenevert had been the principal architect in charge of the St. Rose new library project and was also the principal architect in charge of the East Regional Library Expansion Project. Therefore, all partners agreed Mr. Chenevert would retain the library project. Mr. Rodi advised that Mr. Chenevert and Mr. Soderberg were the first two (2) partners to establish the company in Mr. Songy and Mr. Rodi partnered with Mr. Chenevert and Mr. Soderberg in 1994, and all had been partners until such time Mr. Chenevert established his own company in June After review of all the documents and relative facts in this case, it is Major Zinna s opinion that Mr. Norman Chenevert did not violate R.S. 14:133 Filing or Maintaining False Public Records as it pertains to Section (3): Any document containing a false statement or false representation of a material fact based upon the following findings: 1. Mr. Chenevert, in his proposed contract for Architectural Services between Chenevert Architects, LLC and the St. Charles Parish Library Board, clearly articulates in the opening paragraph that the proposal made by CSRS, is now operating under the company name Chenevert Architects, LLC, and shall be known henceforth in this contract. Mr. Chenevert, in no manner is making a false statement or false representation. In fact, Mr. Chenevert is disclosing up front that he is representing his company. 2. The library board had knowledge that the QBS panel had selected CSRS, in which Mr. Chenevert was the principal architect for the East Regional Library Expansion Project. The members of the library board was made fully aware that Mr. Chenevert was 6

7 the lead architect while with CSRS and with the newly formed LLC Chenevert Architects. No information was hidden by either Party. Under these circumstances, it would have been perfectly reasonable for the members of the board to sign the contract with Chenevert Architects, LLC for this project. There is no evidence of any criminal intent in this action. Furthermore, Parish Ordinance # , which contained the QBS process, is not a criminal statute and has even been subsequently repealed by the St. Charles Parish Council. 3. Mr. Chenevert executed the Limited Liability Company Initial Report for Chenevert Architects with the Secretary of State on Friday, June 13, It was June 13, 2003, that Mr. Chenevert signed the proposed contracts for architectural services for the library board and forwarded them to Ms. debordes. It would have been at a much later date that the contracts would have been executed by the library board. As per R.S. 12:1304. Formation of a limited liability company, Section C states the following: Upon the issuance of the certificate of organization, the limited liability company shall be duly organized, and its separate existence shall begin as of the time of filing of the articles of organization with the secretary of state. However, if the articles were so filed within five (5) days, exclusive of legal holidays, after acknowledgment thereof as an authentic act, the limited liability company shall be duly organized, and its separate existence shall begin, as of the time of such as acknowledgment or execution. As a result of the aforementioned information, the criminal allegation made against Mr. Chenevert is unfounded. Any actions or inactions performed by any member(s) of the St. Charles Parish Library Board of Control at the time the contract with Chenevert Architects was signed in June 2003, does not constitute a criminal violation. Furthermore, the St. Charles Parish Council adopted Parish Ordinance # on May 5, 2008, to approve and authorize the execution of a contract with Lamar Contractors, Inc., the apparent low bidder, for the construction of the East Regional Library at 160 West Campus Drive in Destrehan. The Parish President and Parish Council had full knowledge of the facts involving the QBS panel selecting CSRS and Mr. Chenevert retaining the library project upon him establishing Chenevert Architects in June

8 In addition, even assuming for the sake of argument that any criminal act did occur, according to Louisiana Code of Criminal Procedure Article 572, such acts would not be prosecutable due to this statute of limitations. This case will be forwarded to the St. Charles Parish District Attorney s Office for review. Submitted by: Major Sam M. Zinna Chief of Investigations Reviewed by: Greg Champagne, Sheriff St. Charles Parish 8