Houma military museum compromised by political ad

(TO SEE THE VIDEO, CLICK HERE)

The board that runs Houma’s Regional Military Museum is likely to take a closer look at policy safeguards to protect the institution from unintended future political entanglements, one of its directors said.

The foundation that operates the Barrow Street museum, listed as a 501c3 nonprofit corporation, was placed at risk of jeopardizing its tax-exempt status when two directors

were featured in a television commercial praising former state Senate candidate Mike Fesi for his contributions to the museum, produced by his campaign.

State Sen. Norby Chabert R-Houma, Fesi’s opponent, kept his seat by a margin of one percent in the Oct. 24th primary.

Chabert said the imbroglio has not affected his support for the institution.

“My support for the museum is unwavering,” Chabert said. “As the grandson and son of a veteran, a state senator and a citizen of this parish, I support the museum.”

The directors, museum vice president Will Theriot and president C.J. Christ, said they were just trying to help a man who was a proven friend to the institution, and did not know that the video they took part in was to be used for a paid political advertisement.

“We didn’t bad-mouth anybody, we didn’t put anybody down, we were simply thanking somebody for what he had done,” said Christ, who recalled that the interview portions during the shoot lasted about 10 minutes or so. “He asked would we do it and we said yes … This was a friend of ours who asked us to make testimony, that we help him. Maybe we should not have … I guess it was not the ideal thing to do.”

Attorneys and advocates who represent non-profits nationwide and in Louisiana, who viewed the Fesi spot, say that it is uncomfortably close to the type of activity that the Internal Revenue Service bars.

“Nonprofits are allowed to promote voter engagement and take positions on legislation but they are not to support political candidates,” said Dr. Cory Sparks, director of the Louisiana Association for Nonprofits’ Institute for Nonprofit Excellence in New Orleans, one of a half-dozen attorneys and experts nationwide who viewed the Fesi advertisement. “Filming a campaign commercial at their museum and speaking in favor of the candidate in their official capacities appears to step over that line.”

Arthur Rieman, managing attorney for the Law Firm For Nonprofits in Studio City, Calif., called the ad “interesting.”

“It is not clear that the museum actually endorsed him, but you have all of these officers who are labeled in the video with their positions and it suggests an endorsement,” Rieman said. “Their acts would be imputed to the museum even if they were not board members. They arguably have acted in a manner that can jeopardize the museum’s tax exemption.”

A Fesi spokesman, Chris Comeaux, expressed disagreement with any suggestion of risk to the museum’s status as a result of the television spot, which is also featured on Fesi’s campaign Facebook page.

Critics of the museum’s participation in the commercial include Roger Songe, president of the Vietnam Veterans of America’s Terrebonne Parish chapter, who also holds office in other veteran groups.

“None of these organizations are supposed to support candidates. The museum considers themselves to be a veterans organization,” said Songe, after viewing the ad. “This is a slap in the face to organizations that do the right thing.”

The first public indication that the museum had a problem was a Facebook message appearing on Fesi’s campaign page Thursday, after his campaign received an inquiry from The Times.

The post claimed – erroneously – that Chabert was the root of attention drawn to the issue, an accusation Chabert denies, and for which there is no proof.

The post accusing Chabert was later taken down, and replaced with a message from Fesi reading “we will continue to stand with and support our veterans no matter the challenge. I have committed to paying any legal fees on behalf of the Regional Military Museum.”

Matt Porche, a museum board member, said he wishes they had known this was for a campaign ad, noting that he was speaking strictly for himself and not the organization.

“I have great respect for C.J. and Will,” Porche said. “Those guys have done tremendous work building the museum, something I love and have grown accustomed to.”

Porche noted that at various museum events – like the upcoming USO dance being hosted there next month as a fundraiser – politicians are invited, but the invitations go

out to all of them and not just a select candidate or office-holder.

After viewing the video, Porche said he personally understood how it could be seen as an endorsement. Board members, he said, are likely to take up discussion on the matter.

“It would be in our best interests for sure to revisit any policies we have and, if we need to, change them accordingly,” Porche said.

Amanda Buberger of Tulane University’s Center for Public Service, which partners with non-profits to promote student involvement and also facilitates research and scholarship on non-profit operations, said it is important for nonprofits to use caution.

“Be clear on what you are signing up for,” Buberger said. “The question is what is the process for review and feedback before something goes out with your organization’s name on it.” •

Mike Fesi