State senator requests AG opinion on charter amendment error fix

Photo by Travis Gauthier

The gist: Bob Hensgens, a state senator from Gueydan, has asked Attorney General Jeff Landry to weigh in on whether an ordinance can legally fix the boundary errors associated with the new city council, split off by last year’s charter amendments.

Get caught up, quickly: Errors in the legal descriptions of the map for the new city council districts — literally, words describing a map — have thrown the transition to separate councils into turmoil. In a lengthy report, LCG attorneys confidently argued an ordinance can fix the errors. Others, mostly charter amendment opponents, say only a public vote can legally address the problem.  

Hensgens’ request comes somewhat out of left field and a day before the City-Parish Council will vote on ordinances to fix the errors. While Hensgens has voters in Lafayette Parish, mostly in the western part outside of city limits, his seat is more closely associated with Vermilion Parish. Indeed, his office is located in Abbeville. In his letter to AG Landry, Hensgens purports to be making the request on behalf of “disenfranchised voters” in his Senate district, though it’s unclear which voters he’s referring to. All of the errors occur within city limits. Around 300 voters near Downtown were left without representation. Hensgens does not represent that precinct.

He requested an expedited review, given the closing window until election qualifying. Hengens could not be reached for comment before press time.

“I think it’s great. Another set of eyes on it never hurts,” Councilman Jared Bellard tells me. Bellard authored the failed resolution to ask for an AG opinion.We all know an AG opinion is not the law of the land.”

The ordinances are expected to pass, regardless. Councilman Bruce Conque, who opposed seeking an AG opinion, says the development likely won’t have an impact on the vote. Bellard agrees, saying he doubts it will spur any real movement to table the vote.

“I don’t think you would have the votes to table it,” Bellard says. Conque says Registrar of Voters Charlene Meaux, who first flagged the errors in December, has OK’d the changes in the ordinances.

Why this matters? This is an issue that just won’t go away. If Landry’s office contradicts LCG attorneys, that could put local council members in a bind and stretch out the controversy. His opinion has no legal bearing, but it could give further ground to dispute what LCG’s attorneys have determined is settled law. City-Parish Attorney Paul Escott emphasized at a council meeting earlier this month that he was “confident” in his view that an ordinance is the right fix to the charter errors.

"They are lawyers just like we are lawyers," Escott said of the weight of an AG's opinion, earlier this month. "They do not go to some magical law school that guarantees they are right and we are not."

About the Author

Christiaan Mader founded The Current in 2018, reviving the brand from a short-lived culture magazine he created for Lafayette publisher INDMedia. An award-winning investigative and culture journalist, Christiaan’s work as a writer and reporter has appeared in The New York Times, Vice, Offbeat, The Gambit, and The Advocate.

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