The gist: While disgraced former City Marshal Brian Pope was saying his good-byes to his family this morning ahead of reporting to the Lafayette Parish jail to begin serving his year-long sentence for malfeasance in office, his attorney was back in court maneuvering for more special treatment.
The gist: This is it — barring any special meetings — the last-ever meeting of the Lafayette City-Parish Council. Wasting no political opportunity, the agenda is chocked full of hot-button items.
Six new taxing districts. With the EDDs likely to be the biggest showdown of the bunch, the council will take up separate votes on these new sales and hotel taxes to raise money for development around the Northgate Mall, Acadiana Mall, the University Avenue corridor, and Downtown, as well as redevelopment projects at the Holy Rosary Institute and the former Trappey’s canning plant. Incoming Mayor-President Josh Guillory just announced publicly opposition to the districts and urged the council to punt them to next year. Here’s an explainer on the ins and outs.
Robideaux’s report on LUS/Fiber. Outgoing Mayor-President Joel Robideaux will wrap up an eight-month investigation into “questionable” payments between consolidated government agencies and LUS Fiber. Along the way, Robideaux has suggested impropriety on the part of retired LUS Director Terry Huval, namely that millions were spent unlawfully under his watch to prop the municipal telecom up. The Louisiana Public Service Commission has distanced itself from the inquiry despite Robideaux’s insistence that it began with a PSC request.
New funding agreement for city prisoners. The administration is moving money around — including selling a parking lot — to pay in part for a $1.25 million intergovernmental agreement to house city prisoners at the parish correctional center. Three separate ordinances cover a fund balance transfer, the parking lot sale and execution of the IGA, which stipulates that the money go to capital improvements at the jail. Note: This doesn’t address the funding dispute between the sheriff and parish government.
Restoring funding to the juvenile assessment center. Sheriff Mark Garber shuttered the juvenile assessment center, among other so-called diversion programs, citing budget problems. An ordinance by Councilman Kenneth Boudreaux, who works under contract for LPSO and has taken criticism for a conflict of interest, would restore $600,000 to JAC by transferring some fund balance out of the juvenile detention center.
5% pay raises for City Court employees. This is the last of a batch of pay raises for public employees passed recently. It adds another $55,000 in personnel costs to the city budget, which is facing more and more financial pressure. The council has adopted millions in increased salaries for the police department and other public employees.
The gist: A public spat between the sheriff and the Robideaux administration over jail funding is closing out the end of budget preparation. The sheriff wants parish government to shell out $1.7 million more to fund jail expenses and has brought lawyers to bear.
Get caught up, quickly: The Lafayette Parish Correctional Center is funded by a combined property tax that partially funds both the jail and the parish courthouse, services mandated by the state. Historically, the jail has taken the lion’s share of that millage, which was created to fund much smaller outfits at both facilities decades ago. Parish government is hard-pressed to pay more out of its general fund for state mandated services generally.
What does the sheriff want? $1.7 million in contracted salaries for jail expenses like medical and mental health care, food service, maintenance, laundry, all of which are services mandated by the state, according to LPSO Chief Deputy Carlos Stout. The revenues would come from the parish general fund.
“We never considered this to be an argument,” Stout tells me. “It’s a difference of opinion about the way the law’s being interpreted. This is an issue that’s been discussed since 1992.”
What’s the dispute? Whether the state actually requires the parish to pay what Garber’s asking. The administration argues parish government isn’t responsible for costs associated with housing non-parish prisoners. Of 644 inmates currently housed at LPCC, roughly 55% is held on parish government’s behalf. City prisoners comprise the second largest share of the population at 24%. The remaining 20% is a mix of inmates housed for other Lafayette Parish municipalities, the state Department of Corrections and the U.S. Marshal. In a memo to council members, Mayor-President Joel Robideaux touted a $500,000 increase in the proposed budget for “operational expenses.” Stout says that figure covers state mandated costs for housing prisoners and isn’t available to cover the contractual services needed.
Where’s the beef. Council members and sheriff’s officials have blamed the administration for failing to acknowledge the jail’s budget shortfall and opposing new taxes for the jail and district court system, proposed by council members in 2018. Robideaux maintains the budget is just fine and that the existing millages will grow enough over the long term to take care of business. In the memo published Tuesday, Robideaux pushed back against the criticism and suggested the issue could play out in a suit, pointing out that attorneys retained by the sheriff have pressed similar litigation elsewhere in the state.
“I think what’s being overlooked in [Robideaux’s] projections are the capital improvement needs that require urgent attention for the courthouse,” Councilman Bruce Conque tells me. “When you see a surplus, that doesn’t even begin to cover the capital improvement needs.”
We can work it out. Robideaux has urged councilmembers to wait for further legal input before making any moves, budget-wise. The issue could be taken up after final adoption as a budget amendment by the current council or the next councils. Stout notes the LPSO brought the budget issue to the council and administration in April of this year. Conque, for his part, agrees with Robideaux’s suggestion to let the lawyers figure it out.
Speaking of new councils. This is a great illustration of the serious budget pressure the new parish council will face. As Robideaux points out, paying the sheriff would likely mean cuts elsewhere in the parish budget, which last year briefly went into the red after the mayor-president’s plan to sell a parking garage fell through. Some argue this is precisely the sort of issue better addressed by a dedicated parish council.
“When they start looking at the needs of the parish, it’s like ring around the rosey,” Clerk of Court Louis Perret, who serves on the council transition committee, tells me. “When the chairs are set somebody is going to be left standing up.”
Why this matters. The parish budget is, objectively, a dumpster fire. While it takes in close to $100 million each year, most of the revenue is in dedicated funds. Unlocking the consolidated budget under the new split council configuration could put even more pressure on parish finances while capital needs for facilities like the jail and courthouse continue to grow. Political observers expect a difficult slog for those elected to the new parish council, and the political theater around the jail could be a glimpse of what’s to come. The budget is scheduled to be finalized at a special council meeting Thursday, but a flurry of amendments could delay adoption until later this month.
Brian Pope, the first-term Lafayette city marshal who was suspended from office in October after being convicted by a Lafayette Parish jury on four felonies, was sentenced Wednesday to three years in the parish jail for each of three malfeasance convictions with all but one year suspended. It’s unclear whether Pope will serve that one year in Sheriff Mark Garber’s jail or under home confinement.
Aguillard’s decision caps off an anguished and twisting run-up to Saturday’s vote on the controversial tax. Where once the chief appeared to disagree with his rank and file, he now finds their interests aligned against the sheriff.
The characters in the trial are a reminder of just how zany the Pope saga has been over the past three years. Here’s a refresher on some of the role players.
Marshal Pope’s defense strategy in jeopardy A U.S. district court ruling could ultimately hamper a key legal maneuver in the Lafayette city marshal's pending criminal trial.
A U.S. district court ruling could ultimately hamper a key legal strategy in Marshal Brian Pope’s pending criminal trial.