District “E” councilman muzzled by (un)ethical board decision

By Christopher Tidmore
Contributing Columnist

Do state regulators seek to bolster ethics in local government, or have some sought to silence “the bully pulpit” of the New Orleans councilman asking uncomfortable questions of the establishment?

This author’s first rule of political reporting has always been, “never ascribe to conspiracy what simple political incompetence will explain.” In the case of Oliver Thomas, though, one wonders if Louisiana government watchdogs decided to bar him from his longtime job as a radio talk show host on WBOK because of his particular talent for emphasizing the negative direction the city government has taken in the last few years.

On the surface, the draft opinion by the state Ethics Board insisting that Oliver Thomas cannot be paid by WBOK to continue hosting his morning radio show, as long as the station gets advertising money from the city, seems an exercise in good government – at least until one learns that the new District “E” councilman had good reason to think he enjoyed Board permission to return to the airwaves – if victorious – before he ever ran for office.

Thomas had been hosting the 7-9 morning show on 1230 AM for the better part of the last decade. However, when he decided to qualify for the New Orleans Council District “E” seat, Thomas took a leave of absence from the radio station and his hosting duties. Veteran broadcaster Sally-Ann Roberts took over the morning slot temporarily, but the station’s owners had always planned Thomas to return to his hosting gig. They wanted his expertise and perspectives on the air, yet they were also very careful to obey the law.

WBOK asked the Louisiana Ethics Board on Dec. 29, 2021, for an advisory opinion on whether Thomas’ return could run afoul of any ethics rules. Station owner Jeff Thomas said the station had received “preliminary” approval for Thomas’ return, but a draft opinion released two weeks ago contradicted this initial advice rendered.

It argued that state law prohibits Thomas from being paid by WBOK because there is a financial relationship between the broadcaster and Mayor LaToya Cantrell’s administration, which buys ads on the station. As a consequence, Thomas could return to the airwaves, yet only in an unpaid capacity.

In contrast, the Ethics Board has allowed attorneys serving on the City Council to work with city government for generations, and a myriad of councilpersons have been employed by companies who also did business with the city. Never before has that been a problem, as long as there was a clear delineation that the income stream did not directly benefit the councilmember.

Oliver Thomas is not an employee of WBOK. He works as an independent contractor making $26,000 a year, according to a copy of the contract submitted to the Ethics Board. Even if the city’s advertising budget with 1230 AM amounts to that sum, a doubtful proposition, Thomas neither would enjoy a direct benefit from that revenue stream, nor would his on-air job stand as the reason why the municipal ads ended up on WBOK’s airwaves in the first place.

He receives his salary to host a talk show which predates his current elective office by years. Moreover, Thomas’ radio employment had little connection to whether city ad buyers chose to advertise or not. In point of fact, he won that talk show host job at a time when one might comfortably say Thomas enjoyed little – if any – political influence in city government (based on the events of previous years).

The District “E” councilman confessed that this new ethics opinion took him by surprise, a revelation which particularly rankled as he believed there would be no problem keeping both his council position and the drive-time gig based on his earlier conversations with lawyers for the Board. The decision left him feeling victimized. “I hate to say it – it’s crazy – I feel like Ronald Greene and I feel like it was intentional,” said Thomas to the daily paper, referring to the Black motorist brutally beaten to death by Louisiana State Troopers in 2019.

The overall precedent is chilling. No one questions that a councilman has a right to augment his $94,000 a year salary in any other profession, yet voicing one’s critical opinions as an employed member of the media is prohibited?

This article originally published in the July 18, 2022 print edition of The Louisiana Weekly newspaper.