My dad is a preacher. A good one. His sermons, whether delivered from the pulpit, at home or as a prelude to my being grounded, taught me a lot about life. And because we went to church whenever the lights were on — and because I’ve been grounded often and for a variety of reasons that seemed like good ideas […]
The gist: As it stands, the suit filed in district court last week challenges only the legality of an ordinance passed to correct errors in the new city council district map. In intervening, the secretary of state is looking for more direction than that.
Get caught up, quickly: Errors in the legal descriptions of the map for the new city council districts — literally, words describing a map, wording that did not appear on the ballot — have thrown the transition to separate councils into turmoil. Elections to seat those new councils are this fall. In a lengthy report, LCG attorneys confidently argued an ordinance can fix the errors. The attorney general and others disagree, saying an election is the only way to make changes. A suit was filed in the 15th Judicial District last week to block the ordinance.
“It wouldn’t answer the questions that we needed to move forward,” Tyler Brey, a spokesman for Secretary of State Kyle Ardoin, tells me of the suit. Because the question before the court is limited to the legality of fixing the discrepancies by ordinance, a ruling may not say much about what to do next. Ardoin is looking to the court for “clarity” on how to solve the problem. “We need a step further to figure out exactly how to proceed,” Brey adds.
Ardoin doesn’t believe there “needs to be a whole scrapping” of the charter amendment vote. He says only holding another vote to amend the charter can correct the errors, a hardening of his previous deference to local authorities. That position is somewhat different from that of Attorney General Jeff Landry and the party who brought the suit against LCG in the first place, a contractor and council split opponent named Keith Kishbaugh. Both have said the result of the December vote must be thrown out and a new election called to create separate city and parish councils.
“Time is starting to get critical,” Brey says. “We’re opening up qualifying in August. [Ardoin’s] position always has been that amending the charter is the best way to fix it.”
The attorney general’s office will represent the secretary of state in the matter, despite the apparent, and somewhat nuanced, difference in their positions. The AG issued a formal opinion that serves as the legal basis for the suit. The attorney general’s office says it will “refrain” from comment.
Ardoin punted the issue to Lafayette officials in February, saying the matter needs to be settled a month before qualifying. Brey insists, however, the more affirmative position represented by Ardoin’s intervention into the suit does not represent a shift in the secretary’s thinking.
Kishbaugh’s attorney says the errors make the whole election illegal. Lane Roy, who represents the parish council candidate and a cohort of other opponents, including conservative radio personality Carol Ross, argues the charter amendment proposition is one issue; therefore, the election must be thrown out. That same group also retained Roy to file an inquiry with LCG questioning the legality of replacing the Lafayette Public Utilities Authority with the City Council, an effect of the charter amendments.
“There’s only one proposal that went up for the vote,” Roy told me last week. “[The public] has to be able to say ‘yea’ or ‘nay’ to the entire package.”
The gist: The debate over if and how to rededicate the library’s $26 million fund balance will heat back up at tonight’s council meeting.
Get caught up, quickly: Mayor-President Joel Robideaux proposed rededicating $18 million to roads, bridges and drainage back in January, justifying the move, in part, by suggesting the library had been collecting a secret tax — the so-called ghost millage. Spooked and confused by the ghost millage revelations, council members deferred the proposal until they could have a public discussion about these allegations. The resolution is back on the agenda to call for a public vote on May 4.
It’s too late to call a May 4 election. At a minimum, that part of the resolution will need to change. According to council chair Jared Bellard, a co-author of the resolution, LCG’s legal counsel is drafting language to make that modification, and he still hopes to pass a resolution Tuesday calling for an election.
We haven’t had any public discussion on this issue. Technically, the council did have a public discussion of the library’s financial situation in March, but it fell short of the robust conversation promised back in January. The item fell on a packed agenda, appearing alongside the controversy around mayoral aide Marcus Bruno and debate about seeking an attorney general’s opinion on the charter errors. Besides a few minutes of remarks from the library’s chair, Nora Stelly, and a member of the public, Lydia Romero, the issue got little air time. No member of the council added anything or asked any questions.
Meanwhile, the library’s board is meeting April 15. Amid all this uncertainty, the library board is trying to navigate its normal budgeting process. At this meeting, the board will be deciding on the library’s capital requirements moving forward. Part of that discussion will be figuring out just how much rededication of the fund balance library officials would support for other needs in the parish.
No one’s talking to each other. “I haven’t heard from the library at all,” Bellard tells me, adding he was unaware that the library was meeting to have this discussion next week. At the same time, Andrew Duhon, vice chair of the library’s board, says that none of the Robideaux resolution’s co-authors (Bellard, William Theriot, and Kevin Naquin) have approached the library board to better understand the institution’s finances. Duhon confirms that Robideaux sat down with the library board about his proposed resolution but not until after announcing his plan publicly.
Councilman Bruce Conque is working on a compromise proposal. When Robideaux’s proposal first came up, Conque suggested a $10 million rededication as a compromise, an idea that got informal support from library board members. That alternative option is still being worked on.
Councilman Kenneth Boudreaux wants to see a new library built on the Northside. He’s giving a press conference at 3 p.m. today in the large conference room at City Hall where he’ll be speaking about the need to build a new library in his district to make library services more accessible to his constituents, which include some of Lafayette’s poorest neighborhoods. But if $18 million is taken from the library’s fund balance, it’s unlikely it would be able to build another library any time soon.
What to watch for: the fate of the library’s remaining millages. Yet another vote on the library’s finances looms on the horizon. Library officials have to renew another of their now two remaining millages by 2022. If the renewal fails, library revenue will drop by more than half — including the failed renewal in 2018 — from $13.9 million to around $6.5 million. If that were to happen, expect to see our libraries open fewer hours while offering less service.
The gist: A suit was filed against Lafayette Consolidated Government in district court asking that an ordinance passed to fix discrepancies in the new city council district map be overturned. Observers have long expected the dispute over the council split would land in court.
Get caught up, quickly: Errors in the legal descriptions of the map for the new city council districts — literally, words describing a map, wording that did not appear on the ballot — have thrown the transition to separate councils into turmoil. In a lengthy report, LCG attorneys confidently argued an ordinance can fix the errors. The attorney general and others disagree, saying an election is the only way to make changes.
A council candidate named Keith Kishbaugh is serving as lead plaintiff for a group of charter split opponents, including KPEL radio personality Carol Ross. Kishbaugh, who runs Kishbaugh Construction, has declared his candidacy for consolidated District 1, the seat presently held by Kevin Naquin. Should the split councils remain, he would pursue a District 1 seat on the newly formed Parish Council; Naquin is running for the District 2 parish seat.
Kishbaugh tells me he believes the charter amendments, passed in December, were pushed by an “interest group” and remain deeply unpopular among voters. A key grievance of Kishbaugh’s is what he characterizes as the “arrogance” shown by some City-Parish Council members in defying Attorney General Jeff Landry, who issued an opinion last week saying only an election could fix the errors in legal descriptions of the city council districts.
“I think it needs to be re-voted on,” Kishbaugh says. “I firmly believe the people behind it — [council members] Castille, Naquin, Conque, Hebert and, unfortunately, Nanette Cook — they have a fear of this being revoted because, if it’s a landslide in the opposite direction, it could hurt their political aspirations.”
The suit will be heard soon. Attorney Lane Roy says civil procedure requires that suits concerning election matters be expedited and heard between two and 10 days of filing. Roy says the issue is “pretty doggone clear,” arguing the attorney general’s opinion, which forms the basis of the suit, dispenses of the lengthy argument offered by City-Parish Attorney Paul Escott that an ordinance is the most appropriate way to readjust the boundaries. The suit was assigned to Judge John Trahan.
Roy says the errors make the whole election illegal, arguing the charter amendment proposition is one issue. The group also retained Roy to file an inquiry with LCG questioning the legality of replacing the Lafayette Public Utilities Authority with the City Council, an effect of the charter amendments. The end game is to throw out the December election result.
“There’s only one proposal that went up for the vote,” Roy tells me. “[The public] has to be able to say ‘yea’ or ‘nay’ to the entire package.”
The secretary of state previously said only the errors should be the subject a vote. The argument that the errors invalidate the entire charter amendment election is a new one and contradicts, to some extent, comments made by Secretary of State Kyle Ardoin after a meeting with state and City-Parish attorneys in February.
To be clear, overturning the ordinance would not necessarily overturn the election. What’s not clear is how opponents could accomplish it, and that question is not in the petition itself.
Charter amendment supporters have worried that a legal challenge would not materialize until much later in the campaign cycle, potentially postponing the elections for new city and parish councils.
“We’re grateful that we’re gonna go ahead and hear this now and not three months from now,” says Kevin Blanchard, an organizer with Fix the Charter PAC.
This is a developing story.
Lafayette’s retail sales are on the rise after a string of bad years. But we still have a long way to go.
The gist: District Judge David Smith granted suspended City Marshal Brian Pope’s request for a delay in his sentencing until a full transcript of the marshal’s 2018 trial can be obtained. The embattled marshal returns to court Thursday to face 17 more felony charges.
The gist: Still in its infancy, the Lafayette Public Innovation Alliance, created by the mayor-president to kickstart Lafayette’s pivot to technology, is working to find its way. Opportunity Zones could figure prominently in the trust’s work.
Get caught up, quickly: LPIA is a public trust created by M-P Joel Robideaux and voted into existence by the City-Parish Council last summer to nurture the growth of software development and innovation in Lafayette Parish. It had its first meeting in January and held its second last month. The mayor-president has embraced the technology sector as an economic driver for the region. The LPIA is his vehicle for pursuing these aspirations.
LPIA aims to drive adoption and use of federal Opportunity Zones. Opportunity Zones are part of a new federal tax incentive program that provides preferential capital gains tax treatment to money invested in “Opportunity Funds” that invest in these zones. Lafayette’s zones include the Oil Center, Downtown and portions of the University Avenue corridor. It’s not clear yet what specific role LPIA will take in achieving the goal, but at a minimum Robideaux wants the organization to be a champion for these efforts.
Lafayette (sort of) has an innovation district now. While there’s been no formal proclamation, Robideaux has positioned LPIA to create an innovation district that overlays those opportunity zones. An innovation district is an urban development strategy to regenerate underperforming areas to be more desirable to innovation companies and workers. The thinking here is to stack incentives and programming by adding an innovation district over the same footprint. It’s not clear yet what this designation actually changes other than reinforcing the intent of Robideaux’s focus on catalyzing growth in these areas through technology.
No discussion of Crypteaux. Since its inception, the LPIA has been connected to Crypteaux, the mayor-president’s pitch to create a municipal cryptocurrency for Lafayette and transform our community into a living lab for blockchain technologies. Crypteaux figured heavily into the LPIA’s first meeting agenda, which included an at-length discussion of using cryptocurrency as an investment vehicle of sorts to fund LPIA ambitions. Notably, Crypteaux was not part of the March meeting’s agenda.
No plans for staffing, yet. There was at one time talk of a potential agreement with UL (Ramesh Kolluru, UL’s VP of Research, sits on the LPIA) to provide staffing until LPIA could pay for its own. But members decided to postpone discussing a staffing plan until funding is secured.
Starting work on a mission. One major discussion item was working to define LPIA’s mission in a way that helps the public really understand what the organization does. LPIA is eyeing an event this fall to tie together a variety of other innovation and technology-centric events like the Opportunity Machine’s Innovation Conference and CajunCodeFest.
Why this matters? Lafayette has to replace the billions of dollars and thousands of jobs lost in its economy since 2014. Technology and software businesses offer some of the greatest potential to do that. Given that LPIA has set out to help attract and grow those businesses, there’s a lot riding on the success of this venture.
The gist: Candidates are peppering inboxes with announcement releases for the new Lafayette City Council, but it remains unclear whether the elections will go on. Overtures from state officials leave open the possibility that Lafayette will not seat two new councils this fall.
The gist: Conflicting opinions between the attorney general and city-parish attorneys have come to verbal blows. In a press release issued Thursday, Landry doubles down on his office’s rapid-fire opinion and takes shots at the local legal team’s competence.
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. Landry disagrees, saying an election is the only way to make changes.
“It is important to always note that this problem arose after taking the City Attorney’s original advice.” That’s how Landry concludes the terse release, purported to “clarify” the AG’s opinion on the charter errors. He calls LCG attorneys’ 11-page memo, which determines an ordinance is the “only appropriate” fix for the charter discrepancies, an attempt by the “City Attorney” to “correct his own mistake.”
City-Parish Attorney Paul Escott raised questions about the turnaround speed of the AG opinion. He noted at a council meeting Tuesday night that the opinion’s language looks similar to a letter from a state senator requesting it. The AG opinion was delivered within 24 hours of the request’s receipt, a lightning fast turnaround according to some legal observers. Landry credited quick service to his staff’s preparedness on the issue.
Landry views the issue as “cut and dried.” It’s not clear that it is. Issued hours before the City-Parish Council passed an ordinance correcting the discrepancies, the AG’s opinion does not address glaring problems with resolving the errors by election, the remedy that office recommends. Some charter language prohibits reapportionment “by referendum,” and rules out voting on the same amendment twice in the same year. Then there’s the practical concern that voters may vote “no” on the corrected legal descriptions and leave the parish without legal districts to qualify for voting.
Curiously, the opinion suggests that reapportionment, the process by which districts and precincts are redrawn in response to population changes, can never be performed by ordinance because the districts are enshrined the Home Rule Charter. Since consolidation, the city-parish council has adjusted its boundaries by ordinance several times, a practice that’s common around the state.
In a radio interview recorded Wednesday, Landry wondered whether a vote would be necessary for reapportionment after the next census. Both the current and amended forms of the Home Rule Charter specifically provide that the council can move boundaries by ordinance. The AG’s rigid legal view holds that every such change is an amendment, and would thus require a public vote.
How does this play out from here? There’s a tangle of outcomes, and most of them end up in court. Someone could sue LCG and claim the ordinance violates the law, and it appears that such threats are legitimate. Secretary of State Kyle Ardoin could refuse to qualify candidates from the amended districts; a spokesman for his office said Wednesday Ardoin and his legal team are weighing their options.
The gist: On Saturday, March 30, from 9 a.m.-2 p.m., Louisiana Economic Development is hosting a career fair in Baton Rouge to help CGI fill the 400 new jobs the consulting giant is creating in Lafayette.
The gist: Opinions issued by LCG’s legal team and the attorney general on how to fix the charter errors are irreconcilable. The council sided with city-parish attorneys, raising the specter of litigation, which seemed pre-ordained regardless.
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. The attorney general’s office disagreed, saying an election is the only way to make changes. The council approved a reapportionment ordinance fixing the issues by a 6-3 vote Tuesday night, with councilmen Pat Lewis, Jared Bellard and William Theriot voting against it. Now we’re waiting for some mysterious litigant to appear.
Not to overburden the point but these two opinions can’t be more opposite. The AG’s office says an election is the way to go and an ordinance is illegal. City-parish attorneys say literally the opposite. To wit, from the local legal memo issued March 10: An election is neither required nor appropriate. And from the AG’s opinion issued March 25: Such changes cannot be made by ordinance of the governing body.
What’s odd is that such changes have been made by ordinance for decades. As noted in the LCG report, LCG has routinely reapportioned districts between censuses by ordinance. It’s unclear whether the AG opinion suggests that practice should be outlawed altogether. The local memo says reapportionment “may not be determined by referendum,” a direct contradiction of the AG’s interpretation of the charter and statute.
Let’s not argue till we’re blue in the face. I’m not a lawyer. You’re not a lawyer (if you are, sorry). A lawsuit seems inevitable, in which case a judge would settle the dispute once and for all. Rumors that a suit is in the offing seem legit. Late last week, on behalf of undisclosed clients, attorney Lane Roy filed an inquiry with LCG prodding whether the charter amendments illegally “disposed” of LUS Fiber. Roy could not be reached before press time.
LCG attorney Paul Escott showed steady confidence in the work of his legal team Tuesday night and appeared skeptical of the speed and substance with which the attorney general’s office responded to a Monday request sent by a state senator from Vermilion Parish.
“[The request letter] looked strikingly similar to the actual opinion of the attorney general’s letter,” Escott said. Escott contrasted the relatively scant review in the AG opinion with the three weeks of study his team of four attorneys took to produce an 11-page report that concluded an ordinance was the best option.
“It does not change my opinion at all,” Escott advised the council with respect to the AG’s conflicting opinion. “It does not affect my confidence level.”
AG Jeff Landry said the quick turnaround was the result of “being prepared” in a radio interview Wednesday afternoon. He defended his office’s work, chiding the council for ignoring his advice at “their own peril” and likened the council discourse on the issue to “high pressure sales tactics.” He also questioned whether the secretary of state would allow candidates to qualify under the maps fixed by ordinance. “I don’t know where it goes from here,” he said.
Secretary of State Kyle Ardoin has seen the AG opinion and is weighing his options. Ardoin left the issue up to the council to resolve after first declaring a vote was needed. Spokesman Tyler Brey tells me they’ve not determined what to do in light of the new AG opinion.
“We’re not going to wait until deadlines to make these decisions,” he says.
Geez, can I run for office yet or what? Lafayette Parish Clerk of Court Louis Perret says he expects to issue revised and final maps in the next few days. The registrar of voters is currently finalizing them after Tuesday’s vote to fix the discrepancies by ordinance.
Will the madness ever stop? Probably not. There’s a lot of bitterness clouding the issue. It’s hard to imagine that Tuesday’s vote will be the death of the controversy.
The gist: The City-Parish Council unanimously supported a resolution Tuesday by councilmen Jay Castille and Kenneth Boudreaux asking that the body be kept abreast of federal and state investigations into a suspect 2016 loan to one of the Mayor-President Joel Robideaux’s assistants. But it’s unlikely the council will be hearing anything any time soon.