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Louisiana Municipal Review<br />

PUBLISHED BY THE LOUISIANA MUNICIPAL ASSOCIATION<br />

VOL 83, NO. 10<br />

OCTOBER <strong>2018</strong>


The Louisiana Municipal Review, the official publication of the Louisiana Municipal Association, serves as a medium for the exchange<br />

of ideas and information for municipal officials in Louisiana. With a circulation of over 3,200, this publication is read by employees of<br />

Louisiana municipal governments, sheriffs, parish presidents, state government officials, and members of the state legislature and<br />

Congressional delegation, among others. Subscription rate: $24 per year; Single copy: $2. Louisiana residents, add 9% sales tax. Rates<br />

for display, professional-listing, and classified advertising available upon request at editor@lma.org.<br />

Statements or expressions of opinions appearing herein are those of the authors and not necessarily those of the Louisiana Municipal<br />

Association. Publication of any advertisement shall not be considered an endorsement of the product or service involved. No<br />

material from this publication may be reprinted without the express permission of the editor.<br />

Editorial offices: Louisiana Municipal Association, 700 North 10th Street, Suite 400, Post Office Box 4327, Baton Rouge, LA 70821-<br />

4327, editor@lma.org, www.lma.org, (225) 344-5001, (800) 234-8274, FAX (225) 344-3057.<br />

LOUISIANA MUNICIPAL REVIEW<br />

MUNICIPAL REVIEW STAFF<br />

(USPS 832-560) (ISSN 0164-3622)<br />

3 rd class postage paid at Baton Rouge,<br />

Executive Director: John Gallagher jgallagher@lma.org<br />

Louisiana.<br />

Managing Editor: Karen Day White kwhite@lma.org<br />

Postmaster – Send address changes to:<br />

Editor: Anita Tillman atillman@lma.org<br />

LOUISIANA MUNICIPAL REVIEW<br />

Production Coordinator: Baton Rouge Press, Inc.<br />

Post Office Box 4327<br />

Baton Rouge, LA 70821-4327<br />

<strong>2018</strong>-19 LMA EXECUTIVE BOARD (non-affiliate, non-advisory)<br />

President – Harry Lewis – Mayor, Rayville<br />

First Vice President – Jimmy Williams – Mayor, Sibley<br />

LMA Past President – Barney Arceneaux, Mayor, Gonzales<br />

LMA Past President – Glenn Brasseaux, Mayor, Carencro<br />

Second Vice President– Michael Chauffe – Mayor, Grosse Tete LMA Past President – Carroll Breaux, Mayor, Springhill<br />

Immediate Past President – Lawrence Henagan, Mayor, DeQuincy LMA Past President – Vern Breland, Mayor, Sterlington<br />

District A Vice President – Peggy Adkins, Mayor, Sarepta<br />

LMA Past President – David Butler, Mayor, Woodworth<br />

District B Vice President – Roy Lewis, Mayor, Homer<br />

LMA Past President – David Camardelle, Mayor, Grand Isle<br />

District C Vice President – Lucy Holtzclaw, Mayor Pro Tem, Sterlington LMA Past President – Clarence Fields, Mayor, Pineville<br />

District D Vice President – Rick Allen, Mayor, Leesville<br />

LMA Past President – Norman Heine, Councilman, Baker<br />

District E Vice President – Nathan Martin, Councilman, Pineville Vice President at Large – Derrick Johnson, Mayor, Cheneyville<br />

District F Vice President – Purvis Morrison, Mayor, Scott<br />

Vice President at Large – Jennifer Vidrine, Mayor, Ville Platte<br />

District G Vice President – Kenneth Stinson, Mayor, Vinton<br />

Vice President (< 1K) – Johnnie L. Natt, Mayor, Mangham<br />

District H Vice President – David Toups, Mayor, Addis<br />

Vice President (1K – 2.5K) – William D'Aquilla, Mayor, St. Francisville<br />

District I Vice President – Donald Villere, Mayor, Mandeville Vice President (2.5K – 5K) – Robert Hardey, Mayor, Westlake<br />

District J Vice President – Rodney Grogan, Mayor, Patterson<br />

Page 2<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Inside the LMA<br />

Director’s Viewpoint<br />

CLERKS KEEP THE SHIP SAILING!<br />

BY JOHN GALLAGHER, EXECUTIVE DIRECTOR<br />

I am very pleased that we are focusing the <strong>October</strong><br />

issue of the Louisiana Municipal Review on recognizing<br />

the hard work and dedication of municipal clerks.<br />

From Mound to New Orleans, and regardless of size,<br />

the municipal clerk plays a huge role in keeping the<br />

municipal ship sailing. In my career at the LMA, I have<br />

probably talked to almost every municipal clerk at<br />

some point. I always enjoyed, and still do, answering<br />

technical assistance questions. Not only did I enjoy<br />

sharing those “eureka” moments with a laugh, but<br />

also working through operational frustrations, or even<br />

consoling a clerk who was working through the pain<br />

of an unexpected transition. We are pleased that the<br />

Louisiana Municipal Clerks Association (LMCA) has an<br />

affiliate seat on the LMA Executive Board and helps<br />

to guide our organizational decisions. The LMA staff<br />

works closely with the LMCA Executive Board and<br />

its members to organize training and conferences.<br />

The clerk’s annual fall training event, the Louisiana<br />

Municipal Clerks Institute, will take place later this<br />

month in Baton Rouge. The LMA is proud to commit<br />

$2,000 per year toward scholarships for clerks to<br />

attend this important training. Congratulations in<br />

advance to those clerks who will graduate with their<br />

Master Clerk certification, an accolade that is achieved<br />

only after several years of dedicated training and<br />

education. I encourage all clerks to join the LMCA<br />

and attend these conferences, not only for the<br />

education, but for the networking opportunities that<br />

are invaluable to your position. I am looking forward<br />

to speaking to attendees this year on the Lawrason<br />

Act, legislative charters, and home rule charters, and<br />

I appreciate being invited annually (I guess I must be<br />

doing something right!). The LMA is proud to sponsor<br />

the Louisiana Municipal Clerk Technical Assistance<br />

Program. Through this program, a veteran certified<br />

clerk provides technical guidance to a new municipal<br />

clerk. This is enabled through the LMA reimbursing the<br />

mentoring clerk for mileage, food, and lodging. The<br />

LMA offers a hearty salute to all Louisiana municipal<br />

clerks – we commend you for your professionalism and<br />

hard work!<br />

Our prayers and thoughts go out to our colleagues in<br />

North Carolina and South Carolina, as they deal with<br />

the devastation from flooding caused by Hurricane<br />

Florence. We in Louisiana know all too well what they<br />

are going through and what lies ahead for their long<br />

recovery. I have been in contact<br />

with my counterparts and have<br />

offered any assistance from the<br />

LMA that may be needed as they<br />

work with their members to begin recovery.<br />

As <strong>2018</strong> begins to wind down, we will look ahead to<br />

the 2019 LMA Mid-Winter Conference and reenergize<br />

our focus on the 2019 Legislative Session. The 2019<br />

session will be a shorter, 65-day fiscal session. The<br />

LMA legislative team has already begun visiting with<br />

legislators about the issues local governments are<br />

facing and will continue to do so throughout the<br />

remainder of the year.<br />

Have a great <strong>October</strong> and enjoy a safe and happy<br />

Halloween.<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 3


President’s Message<br />

COME GROW WITH US<br />

BY MAYOR HARRY LEWIS, TOWN OF RAYVILLE<br />

It has been said that the slogan,<br />

“You’ve Come a Long Way, Baby”<br />

can be applied to our great<br />

organization. It began 92 years<br />

ago when officers of Louisiana<br />

cities organized the Louisiana Conference of Mayors. It is<br />

believed that 29 towns and cities joined in this program<br />

to promote better municipal governments. As with any<br />

organization, the Louisiana Municipal Association survived<br />

many challenges and changes. However, the mission of the<br />

LMA has remained constant: (1.) to provide education on<br />

municipal issues; (2.) to promote local governments; and<br />

(3.) to exchange ideas and experiences among elected<br />

leaders throughout the state.<br />

Since 1927, the LMA membership has increased from 29<br />

towns and cities to 305 members consisting of 127 villages,<br />

112 towns, 64 cities and 2 parishes. We strongly encourage<br />

other municipalities to join us. Our success is contingent<br />

upon the support and engagement of LMA membership.<br />

It is an organization that is inclusive, diverse and with<br />

numerous benefits.<br />

The LMA works diligently with state and local<br />

governments on issues important to our municipalities.<br />

Our Executive Director and his staff, along with our<br />

Executive Counsel and LMA legislative team actively<br />

track bills and keep members abreast of their status.<br />

Additionally, I will add my voice to theirs and actively<br />

support or oppose a bill. I respectfully urge you to stay in<br />

contact with your representatives, now and during session,<br />

and attend meetings when possible.<br />

Educational training on issues that affect our towns, cities,<br />

and villages are provided at District Meetings, Mid-Winter<br />

Conferences, and Annual Conventions. Topics of interest,<br />

such as Blighted Property, Open Meetings, Public Records,<br />

and Preparation for 2020 Census have been valuable<br />

learning workshops at annual conferences. Webinar series<br />

are also valuable learning tools.<br />

The LMA has several publications. The Louisiana<br />

Municipal Review is the most notable of these. It is our<br />

Searching for the right fit?<br />

THAT IS OUR SPECIALTY.<br />

Comprehensive Executive Recruitment<br />

focused on matching professional skills,<br />

management style and core values to fit your<br />

organization’s specific requirements.<br />

waters-company.com 800.899.1669<br />

official monthly publication and contains a wealth of<br />

information. It shares information, ideas and interesting<br />

topics. If you want to contribute newsworthy articles<br />

about your, villages, towns, or city, please contact LMA<br />

Communications Coordinator.<br />

The Louisiana Municipal Association is there when you<br />

need us. We are ready to share resources and support.<br />

By sharing with one another, we ensure that the whole is<br />

greater than the sum of its parts. The LMA is more than an<br />

organization, we are a family.<br />

We have faced multiple natural diseases, lost property,<br />

homes and loved ones. But we are resilient, strong and<br />

trust in our God. Please join our beloved, awesome LMA<br />

as we press on, press up and press for continued success!<br />

God bless each of you.<br />

Calendar of Events<br />

<strong>October</strong><br />

1 Sharing HR Solutions Seminar, 9:30 a.m.-<br />

3:30 p.m. at the LMA Office Building, 700<br />

North 10th Street, Baton Rouge, 70802.<br />

2-4 BOAL ICC Training, Eastbank Council<br />

Chambers, Joseph S. Yenni Building, 1221<br />

Elmwood Park Blvd, 2nd Floor, Jefferson, LA<br />

70123.<br />

10 Louisiana Municipal Association Executive<br />

Board Meeting will start at 10:00 a.m. in the<br />

LMA Office Building, 700 North 10th Street,<br />

Baton Rouge, 70802, First Floor Meeting<br />

Room 2.<br />

16 BOAL Executive Board Meeting will start<br />

at 9:00 a.m. in the LMA Office Building, 700<br />

North 10th Street, Baton Rouge, 70802.<br />

17 LMGA Executive Committee Meeting will<br />

start at 10:00 a.m. in the LMA Office Building,<br />

700 North 10th Street, Baton Rouge, 70802.<br />

The LMGA Board of Directors Meeting will<br />

follow at 11:00 a.m<br />

17-18 Louisiana Association of Chiefs of Police Fall<br />

Conference will be held Oct 17-18 in Baton<br />

Rouge at the Downtown Hilton.<br />

18 LaMATS Webinar on LPS (LaMATS Purchasing<br />

Services) will be presented at 10:00 a.m.<br />

Check the LMA website at www.lma.org for<br />

login information.<br />

21-26 Louisiana Municipal Clerks Institute. Embassy<br />

Suites, Baton Rouge.<br />

Page 4<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Inside the LMA<br />

Governor’s Column<br />

STRENGTHENING LOUISIANA’S FUTURE<br />

BY JOHN BEL EDWARDS, GOVERNOR OF LOUISIANA<br />

Autumn is here and admittedly, this is<br />

one of my favorite times of the year.<br />

With the cooler weather, the holidays<br />

and of course, lots of football, there are<br />

so many great things to look forward<br />

to. I certainly hope that all of you<br />

enjoy it as well. Given your diligent<br />

and dedicated work for the citizens of<br />

our great state, you certainly deserve<br />

to do so. The heartbeat of any place is<br />

its people, and it is your service to our<br />

people that is greatly appreciated. Real<br />

leadership matters.<br />

There’s good news for our state. For the second year<br />

in a row, Louisiana will have a budget surplus, some<br />

$300 million from the fiscal year that ended on June<br />

30, <strong>2018</strong>. It’s mainly attributed to personal income and<br />

corporate taxes coming in higher than projected, and<br />

we hope that’s an indication that our state’s economy<br />

is continuing to improve. There were more jobs, people<br />

brought home better paychecks, and businesses were<br />

more profitable. This is quite a contrast to our state<br />

budget situation, when I first took office, when we<br />

were facing a nearly $3 billion shortfall. With your help,<br />

for the first time in nearly a decade, we have been<br />

able to stabilize our budget and revenues, and we are<br />

budgeting more responsibly.<br />

With all of this progress and the hope we have for<br />

strengthening Louisiana’s future, it is incredibly<br />

important that we focus on ensuring that our children<br />

are better prepared for the opportunities we hope to<br />

provide them. That is why I am making it one of my<br />

top priorities to support the hardworking teachers of<br />

our state for a pay raise. Teachers are pillars of every<br />

community in Louisiana and deserve to be paid much<br />

more for the hard work that they put into educating<br />

our next generation of leaders.<br />

I know that one of the major issues everyone is<br />

concerned about is providing increased flood<br />

protection to our communities. We know that what<br />

happens in one watershed either directly or indirectly<br />

impacts another, which is why we must to come<br />

up with regional and innovative ways to mitigate<br />

the risks. Nearly every parish was impacted by the<br />

historic flooding of 2016 and we have learned so much<br />

about how to further strengthen our resilience. That’s<br />

why I created the<br />

Louisiana Watershed<br />

Council earlier<br />

this year, and I’m<br />

happy to report that the work has<br />

already started. The Council, which<br />

has launched the Louisiana Watershed<br />

Initiative, held its fourth meeting last<br />

month and received updates on the<br />

planning, projects, community outreach<br />

and ongoing flood risk reduction efforts<br />

that are currently taking place across<br />

the state. The Council is comprised<br />

of the Office of Community Development (OCD),<br />

the Department of Transportation and Development<br />

(DOTD), the Coastal Protection and Restoration<br />

Authority (CPRA), the Governor’s Office of Homeland<br />

Security and Emergency Preparedness (GOHSEP), and<br />

the Louisiana Department of Wildlife and Fisheries<br />

(LDWF). By working together we will make things<br />

better for our people and our state. The Council will<br />

travel around the state in the weeks ahead to promote<br />

the initiative and inform local officials. I hope that you<br />

can attend one of the events. Here are the dates and<br />

locations:<br />

Lafayette - <strong>October</strong> 8<br />

Monroe- <strong>October</strong> 16<br />

Shreveport- <strong>October</strong> 17<br />

Alexandria - <strong>October</strong> 18<br />

Houma/Thibodaux - <strong>October</strong> 23<br />

Lake Charles - November 7<br />

Baton Rouge - November 14<br />

Hammond - November 15<br />

God bless you all, and thank you for your unwavering<br />

service towards making Louisiana the best that it can be.<br />

Safety Consulting and Programs<br />

16260 Airline Highway, Suite B<br />

Prairieville, LA 70769<br />

chris@riskwise.biz<br />

Chris Conti<br />

Board Certified Safety Professional<br />

Chartered Property Casualty Underwriter<br />

www.riskwise.biz<br />

O 225.313.4448<br />

C 225.413.7542<br />

F 225.313.4518<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 5


Legal Briefs<br />

ANOTHER LEGISLATIVE HURDLE?!<br />

BY KAREN DAY WHITE, EXECUTIVE COUNSEL<br />

News and social media outlets are littered lately with<br />

discussions of partisanship in the Louisiana Legislature,<br />

and how such a dynamic makes it very difficult to<br />

get even innocuous legislation passed. On top of<br />

regional and party interests, there is also an element<br />

of infringement from national groups, who attempt to<br />

insert their national political agenda into state (and<br />

sometimes even local) politics. Now, there is another<br />

obstacle for local government advocates to contend<br />

with: corporatism.<br />

This is an alarming trend whereby powerful private<br />

corporations use their influence to reduce, restrict,<br />

and prohibit local regulations of their industry. This<br />

dovetails into the recent rise in preemptive state<br />

legislation regarding local governments – from plastic<br />

bags, to parking, to zoning and taxation issues. Under<br />

the corporatism scheme, large trade associations<br />

leverage the power to push through legislation that<br />

would be harmful to state government in exchange for<br />

state preemption of local government authority.<br />

For example, during the <strong>2018</strong> legislative session in<br />

California, the American Beverage Association, who<br />

represents the major soda and sugar-sweetened<br />

beverage brands, proposed to push a measure onto the<br />

November ballot that would have seriously weakened<br />

the ability of California governments to raise revenue.<br />

They dropped that push in exchange for a ban on<br />

new local taxes on sweetened beverages until 2030.<br />

Other examples include the 25-state preemption of<br />

local minimum wage-setting, the 22-state ban on<br />

local workers earning paid sick days, and the 43-state<br />

preemption on locals establishing their own parameters<br />

for gun control. Whatever your opinion is on these<br />

issues, local governments are endowed with the<br />

authority to make the decisions that best reflect their<br />

community standards and goals.<br />

Given the myriad of proposed preemptive legislation at<br />

the Louisiana State Capitol in recent years, one is left<br />

to wonder how much is due to corporate pressure and<br />

national political action groups.<br />

Municipal leaders are in the best position to make<br />

decisions to ensure public safety, seek racial and<br />

economic equity, pursue quality of life measures, and<br />

provide for fair elections. Local governments can take<br />

charge of their own affairs in a way that provides full<br />

accountability to their citizens, and<br />

they should not live under constant<br />

threat of state interference because<br />

their local decisions cross corporate interests. The<br />

tiered system of democracy – federal, state, and local –<br />

only works if all three levels function effectively.<br />

The LMA, in collaboration with our local government<br />

partners, will continue to fight back against preemptive<br />

legislation, as we have consistently in the past. Your<br />

voice and your participation in our legislative efforts<br />

are essential to our success. Thank you for being<br />

engaged and watch for more calls to action during the<br />

next session.<br />

Looking for<br />

Salary Data?<br />

Through a partnership with<br />

SurveyNavigator, LMA<br />

members can find salary data for<br />

more than 60 jobs commonly<br />

found in Louisiana local<br />

government. With an easy online<br />

interface, Louisiana’s elected and<br />

appointed officials can make<br />

hiring and advancement decisions<br />

with confidence in the most<br />

current and accurate data<br />

Compare directly<br />

between munis<br />

Accurate and<br />

timely info<br />

Customized<br />

search and save<br />

available in the market.<br />

LaMATS<br />

CALL (225) 344-5001 or VISIT WWW.LAMATS.NET/SERVICES<br />

Page 6<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Inside the LMA<br />

Beauregard Parish Fair<br />

Oct 2-6, DeRidder<br />

beauregardparishfair.vpweb.com<br />

Hometown Happenings<br />

Bridge City Gumbo Festival<br />

Oct 12-14, Bridge City<br />

www.bridgecitygumbofestival.org<br />

Harvest Festival on False River<br />

Oct 19-21, New Roads<br />

www.harvestfestivalnewroads.com<br />

St. Tammany Parish Fair<br />

Oct 3-7, Covington<br />

www.sttammanyparishfair.info<br />

Tangipahoa Parish Fair<br />

Oct 3-7, Amite<br />

www.tangipahoaparishfair.org<br />

La Fete Des Vieux Temps<br />

Oct 5-7, Raceland<br />

Acadia Music Fest<br />

Oct 6, Thibodaux<br />

www.acadiamusicfest.net<br />

Antique Village Fall Festival<br />

Oct 6, Denham Springs<br />

www.denhamspringsantique<br />

district.com<br />

Beignet Fest<br />

Oct 6, New Orleans<br />

www.beignetfest.com<br />

Bloody Mary Festival<br />

Oct 6, Monroe<br />

www.downtownrivermarket.com<br />

Livingston Parish Fair<br />

Oct 9-14, Livingston<br />

www.livingstonparishfair.org<br />

Louisiana Cotton Festival<br />

Oct 9-14, Ville Platte<br />

www.louisianacottonfestival.com<br />

Zwolle Tamale Fiesta<br />

Oct 11-13, Zwolle<br />

www.zwolletamalefiesta.com<br />

Louisiana Cattle Festival & Fair<br />

Oct 12-14, Abbeville<br />

www.louisianacattlefestival.org<br />

Louisiana Gumbo Festival<br />

of Chackbay<br />

Oct 12-14, Thibodaux<br />

www.lagumbofest.com<br />

St. Peters Fishermen’s Festival<br />

Oct 12-14, Reserve<br />

www.stpeterreserve.org<br />

Teddy’s Bear Fest<br />

Oct 13, Tallulah<br />

Louisiana Tournoi<br />

De La Ville Platte<br />

Oct 14, Ville Platte<br />

www.louisianatournoi.com<br />

Calcasieu Cameron Parish Fair<br />

Oct 17-21, Sulphur<br />

www.calcamfair.com<br />

Washington Parish Free Fair<br />

Oct 17-20, Franklinton<br />

www.freefair.com<br />

International Rice Festival<br />

Oct 18-20, Crowley<br />

www.ricefestival.com<br />

St. John Andouille Festival<br />

Oct 19-20, LaPlace<br />

www.andouillefestival.com<br />

Louisiana Food & Music Festival<br />

Oct 20, Monroe<br />

www.downtownrivermarket.com<br />

Ragley Heritage &<br />

Timber Festival<br />

Oct 20, Ragley<br />

www.visitlakecharles.org<br />

Rougarou Fest<br />

Oct 20-21, Houma<br />

www.rougaroufest.org<br />

Greater Baton Rouge State Fair<br />

Oct 25 – Nov 8, Baton Rouge<br />

www.gbrsf.com<br />

State Fair of Louisiana<br />

Oct 25-Nov 11, Shreveport<br />

www.statefairoflouisiana.com<br />

French Food Festival<br />

Oct 26-28, Larose<br />

www.bayoucivicclub.org<br />

Sabine Free State Festival<br />

Oct 26-28, Many<br />

Holy Smoke BBQ Cook-off &<br />

Praise Festival<br />

Oct 27, DeQuincy<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 7


Attorney General’s Opinions<br />

BY JEFF LANDRY, ATTORNEY GENERAL<br />

Prohibited Donations<br />

Opinion: 18-0008 La. Const. art. VII, §14<br />

(A) prohibits the payment of wages<br />

earned more than three years in the past<br />

due to the liberative prescriptive period<br />

for unpaid wages found in La. Civ. C. art. 3494. Opinion Released:<br />

8/20/<strong>2018</strong><br />

Opinion: 18-0015 La. Const. art. VII, §14 would not prohibit the<br />

City from retroactively paying earned compensation to two<br />

employees for new and additional duties actually performed if<br />

the City obligated itself to make such payments and if the City<br />

deems that it received a benefit commensurate with the amount<br />

of the additional compensation to be paid. Opinion Released:<br />

8/20/<strong>2018</strong><br />

Opinion: 18-0105 If the installation of a culvert is for the sole<br />

benefit of private landowner, then installation of the culvert<br />

would be the responsibility of the private landowner. However, if<br />

installation of the culvert is for the benefit of the public at large,<br />

then the police jury could install the culvert. Opinion Released:<br />

8/20/<strong>2018</strong><br />

Blight Abatement<br />

Opinion: 18-0079 The privilege Golden Meadow may assert<br />

under its authority to condemn dangerous structures ranks first<br />

among privileges and ahead of all mortgages in any particular<br />

property to which that privilege may apply. Opinion Released:<br />

8/21/<strong>2018</strong><br />

Ad Valorem Taxes<br />

Opinion: 17-0107 A surviving spouse occupying property as<br />

his homestead and holding a full ownership interest over fifty<br />

percent of the property and a usufruct over the other fifty percent<br />

may qualify for the homestead exemption and the special<br />

assessment level if the requirements of La. Const. art. VII, § 20(A)<br />

(2) and La. Const. art. VII, § 18(G)(2) are met. Opinion Released:<br />

9/6/<strong>2018</strong><br />

Public Records<br />

Opinion: 18-0115 All records described in La. R.S. 44:1(A)(2), are<br />

public records of the State of Louisiana. Records that do not conform<br />

to the definition provided by the Louisiana Legislature are<br />

not subject to the provisions of Title 44 of the Louisiana Revised<br />

Statutes. Opinion Released: 9/5/<strong>2018</strong><br />

Page 8<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Municipalities<br />

Condolences<br />

Mayor Paxton Branch, Sr., Tallulah<br />

The City of Tallulah mourns the<br />

death of Mayor Paxton Branch who<br />

passed away on September 1, <strong>2018</strong> at<br />

the age of 51. Mayor Branch served<br />

LMA faithfully as the former District<br />

C Vice President. He had just<br />

announced his intent to run in 2019<br />

for Second Vice President. “Mayor<br />

Branch was a good friend of the<br />

Mayor Paxton Branch<br />

LMA,” said LMA Executive Director<br />

John Gallagher, who travelled to Tallulah for both the<br />

memorial celebration and funeral services. “We will<br />

definitely miss him. Along with being a devout Christian<br />

and family man, Mayor Branch had a true vision for<br />

Tallulah.”<br />

Rayville mayor and LMA President Harry Lewis<br />

remembers him as a friend. “We are just all in shock,” said<br />

Lewis. “We will encourage and support his family and<br />

want them to know if there’s anything we can do, we will<br />

be there for them. I’ve known him for many years and<br />

more than anything else, he’s my friend. I’m going to miss<br />

him and his leadership and friendship. I’ll always carry it.”<br />

Branch leaves behind his wife Mildred, children Arnetria<br />

and Paxton II and a granddaughter Salayla.<br />

Alderman James Clifton, Sr., Oil City<br />

The Town of Oil City is mourning the passing of long<br />

term alderman, James Clifton, Sr. He had been serving on<br />

the council for the past 26 years and was the brother-inlaw<br />

of the late Mayor Charles “Chip” Dickey, Jr.<br />

Alderman Clifton was a retired Chief Master Sergeant<br />

for the U.S. Air Force; longtime member, deacon, and<br />

clerk for Ferry Lake Baptist Church; and member of the<br />

Rotary Club, Ward II.<br />

He passed away on Tuesday, September 4, <strong>2018</strong>.<br />

Former Mayor Raywood LeMaire, Vinton<br />

Former Vinton Mayor Raywood LeMaire passed away on<br />

September 11, <strong>2018</strong>, after a long battle with cancer.<br />

He served as Mayor of the Town of Vinton for 22 years -<br />

from 1972-1989, and again from 1997-2001.<br />

global expertise<br />

delivered locally<br />

services to help you<br />

manage your system<br />

asset management<br />

water wells | tanks | treatment plants<br />

meters | concrete assets | pipes<br />

water wells management<br />

water well drilling | well & pump<br />

rehabilitation and maintenance<br />

water quality in<br />

distribution systems<br />

ice pigging | in-tank water mixers<br />

trihalomethane removal systems<br />

Contact your local Water System Consultant<br />

Jimbo Hoffman<br />

855-526-4413 help@utilityservice.com<br />

Utility Service Co., Inc. www.utilityservice.com<br />

energy & water conservation<br />

smart data systems | metering services<br />

leak detection | biosolids<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 9


Reminder Regarding Capital Outlay Requests for FY 2019-2020<br />

Proposed for Consideration in the 2019 Legislative Session<br />

By James Purpera Governmental Consulting<br />

The November 1st deadline for Capital Outlay Requests<br />

to be submitted for consideration in next year’s budget<br />

is not far away. If you are planning to request a new<br />

project or update or make a revision to a previously<br />

requested or currently funded project, you should be<br />

working on trying to finalize your cost and project<br />

description information.<br />

IMPORTANT<br />

Pursuant to recent<br />

changes in RS<br />

39:102, requests for<br />

non-state projects<br />

are now required to<br />

include an estimate of the required local match and the<br />

amount of the local match expended.<br />

A new capital outlay request including a letter of support<br />

must be submitted for Fiscal Year 2019-2020 for any<br />

nonstate project granted a line of credit for Fiscal Year<br />

<strong>2018</strong>-2019 (the current fiscal year). Even if your project<br />

is fully funded, underway, or even complete, if you have<br />

an outstanding Line of Credit or State General Fund<br />

Cash in the current year Capital Outlay Budget Act then<br />

technically this rule requires you to re-submit a capital<br />

outlay request to reflect the current status of your<br />

project.<br />

All capital outlay requests must include a physical<br />

location (address, closest intersection, etc.) of the<br />

project.<br />

All copied forward capital outlay requests (in eCORTS)<br />

must be revised to show “updated information” including<br />

prior funding, match information, scope, legislators,<br />

operating budget, etc.<br />

If you have been submitting capital outlay requests for<br />

years you will recall that, prior to the above referenced<br />

changes, projects for which a line of credit had been<br />

granted were not required to re-submit capital outlay<br />

requests for the amounts that had been previously<br />

granted a line of credit; however, now they are required<br />

to re-submit.<br />

There is a process for submitting requests after<br />

November 1st, but the late submittal process has<br />

limitations that affect what can be requested and the<br />

total project cost.<br />

November 1st is also the deadline for submittal of<br />

Legislator letters of endorsement for your Capital Outlay<br />

Request.<br />

The new website for the Capital Outlay Request eCORTS<br />

application is https://wwwcfprd.doa.louisiana.gov/<br />

ecorts/default.cfm. If you have the old eCORTS address<br />

bookmarked, please update it to reflect this new address<br />

for eCORTS.<br />

Non-Governmental Organizations (NGO’s) submitting<br />

Capital Outlay Requests are required to also submit<br />

an NGO Supplemental Information/Disclosure form.<br />

The NGO database can be accessed from the joint<br />

legislative web page http://legis.state.la.us/ by clicking<br />

on the Fiscal Information link, then click on Enter a<br />

New Funding Request under the Non-Governmental<br />

Organizations heading.<br />

CAPITAL OUTLAY FUNDING OUTLOOK<br />

The outlook for Capital Outlay funding for the 2019<br />

Legislative Session should be much better than it has<br />

been in recent years primarily for the following reasons:<br />

• The election for Governor and the Legislature is<br />

scheduled for November 2019, and election years have<br />

traditionally been good for Capital Outlay.<br />

• The recently approved sales tax extension should keep<br />

the State Revenue situation in good shape through<br />

2025 so the Governor and Legislators will not be able<br />

to use the “fiscal cliff” argument as a reason to not<br />

help you with your Capital Outlay Requests in the<br />

2019 Legislative Session.<br />

• For the past three years, the Administration has<br />

slowed down the addition of new projects to the<br />

Capital Outlay Budget to the point where now the<br />

approved project funding amount is becoming more<br />

closely aligned with the funding actually available<br />

in the Capital Outlay Escrow Account in the State<br />

Treasury. The goal of this slow-down was to decrease<br />

the huge backlog of approved projects waiting for<br />

funding; and to allow projects with actual funding to<br />

get to the point where they can be given the OK to<br />

proceed more quickly. The State Bond Commission is<br />

planning to have a Capital Outlay Bond Sale in early<br />

2019, probably January; which should replenish the<br />

Capital Outlay Escrow Account to the level at which<br />

we will start to see more “funded” projects given the<br />

OK to proceed.<br />

Page 10<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


A Word from<br />

Our Affiliates<br />

Premium Service<br />

New Growth and a Fresh Face at LaMATS<br />

Insurance Premium Tax Collection (IPT) Program<br />

By Cliff Palmer<br />

The list of Louisiana municipalities now receiving IPT<br />

revenues through the long-running LaMATS collection<br />

program has reached an all-time high. The majority of cities<br />

and towns (with 65 and 89 participating, respectively),<br />

nearly half the state’s 107 smallest incorporated communities,<br />

and several parishes now count on LaMATS to deliver<br />

on this vital budget item.<br />

Among the earliest of LaMATS technical services, the twenty-year<br />

old IPT program has grown significantly since 2010<br />

IPT program growth has accelerated in recent years.<br />

and recently passed the two-thirds mark toward its goal<br />

of serving every LMA member municipality not collecting<br />

insurance premium taxes on its own.<br />

“This is a major milestone for us,” said LaMATS Board President,<br />

Mayor Clarence Fields. “We’re grateful to our participating<br />

local governments for their trust, and we’re eager<br />

to demonstrate our value to others.”<br />

What makes the IPT program so popular? With over 1,200<br />

insurance companies doing business in Louisiana, it can<br />

be hard to ensure each pays its fair share for the privilege<br />

of that business. LaMATS collection service is proven to<br />

increase IPT revenues and streamline distribution while<br />

significantly reducing insurance companies’ delinquent<br />

payments.<br />

In all, $22.9 million in collected revenues now pass annually<br />

through the program and into the coffers of local governments<br />

across the state. And as it happens, every penny<br />

of that sum passes through the hands<br />

of LaMATS IPT Program Manager, Ms.<br />

Mary Joseph.<br />

Known by friends and colleagues as<br />

“MJ,” Mary joined the LaMATS team<br />

in <strong>October</strong> 2016 after working in the<br />

LMA’s accounting office since 2010.<br />

She takes her new responsibilities<br />

with a seriousness belied by the quick<br />

wit and ready smile she shares with<br />

co-workers and customers alike.<br />

Meeting LMA members’ needs and<br />

making sure every dollar is accounted for requires both<br />

order and creativity. While incoming funds from hundreds<br />

of insurance companies are carefully tallied and monthly<br />

checks are distributed to members, the value of the work<br />

lies in the trust municipalities give the program manager<br />

to operate on their behalf.<br />

The other part is pure detective work and sometimes it is<br />

necessary to track companies down and make sure they’re<br />

fully aware of their responsibilities. The companies seem<br />

to appreciate having a centralized point of contact statewide—a<br />

direct benefit to efforts at reducing delinquent<br />

payments.<br />

LaMATS looks forward to pushing the percentage of LMA<br />

members served as high as it can go in the coming years.<br />

To join the LaMATS IPT collection program, contact Mary<br />

Joseph, Program Manager, via email at mary@lamats.net<br />

_______________<br />

IPT Program Manager<br />

Mary Joseph<br />

Editor’s Note: A heading in the September edition of the <strong>LMR</strong><br />

incorrectly dates the LaMATS Board of Directors as 2017-18.<br />

All officers listed on page 11 of Vol. 83, No. 9, have been elected<br />

for the <strong>2018</strong>-19 year.<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 11


LCAA Fall Conference<br />

The Louisiana City Attorneys Association conducted<br />

its <strong>2018</strong> fall education conference on September 21-<br />

22, at the Embassy Suites Hotel in Baton Rouge. City<br />

attorneys and municipal representatives attended the<br />

two-day training where Russell J. Cremaldi, counsel<br />

for the City of Patterson, was confirmed as the <strong>2018</strong>-<br />

19 LCAA President. LCAA members also elected other<br />

officers on Saturday for the <strong>2018</strong>-19 term: Numa<br />

Metoyer, III, Town of Colfax, Vice-President; Ruby<br />

Freeman, Town of Boyce, Secretary/Treasurer; Phil<br />

Canova, City of Plaquemine, City Representative; Roy<br />

K. Burns, Village of Folsom, Village Representative; and<br />

Wilbur Reynaud, Town of Lutcher, Town Representative.<br />

Congratulations to each of these municipal attorneys<br />

for the leadership that they provide for LCAA<br />

members.<br />

Conference workshops included presentations on<br />

public bid law and legislative updates, the Wayfair v<br />

South Dakota decision, the LA Code of Governmental<br />

Ethics, professionalism, legal ethics, and recent<br />

President-elect Russell Cremaldi presents a plaque to outgoing president<br />

Maurice Trippi.<br />

developments<br />

in the Code of<br />

Civil Procedure.<br />

Dinah “Penny”<br />

Ambeau-Scott,<br />

LMA Membership<br />

Services<br />

Coordinator,<br />

spearheaded the<br />

planning and<br />

coordination of<br />

this event, and<br />

she is excited<br />

to already<br />

be planning<br />

the LCAA<br />

2019 Spring<br />

Conference,<br />

which is<br />

scheduled for<br />

Friday, March 29, 2019. Please save this date on your<br />

calendar, as well as the LCAA 2019 Fall Conference,<br />

which is scheduled for Friday and Saturday, <strong>October</strong><br />

4-5, 2019 at the Embassy Suites in Baton Rouge.<br />

Page 12<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


A Word from<br />

Our Affiliates<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 13


Louisiana Watershed Initiative<br />

In response to the devastation<br />

caused by the Great Floods of<br />

2016, Gov. John Bel Edwards<br />

charged several state agencies<br />

with coordinating their efforts<br />

to reduce future flood risk<br />

and help communities take<br />

steps toward becoming more<br />

resilient. For the past two years,<br />

these agencies have been<br />

hard at work to accomplish<br />

this mission. To that end, Gov.<br />

Edwards issued an executive<br />

order creating the Council on<br />

Watershed Management, which builds on best practices<br />

already implemented in some areas of the state.<br />

The Council comprises decision-makers at five state<br />

agencies that deal with flood-risk management and<br />

represents a distinct shift from the status quo in<br />

Louisiana’s flood-risk reduction efforts. The Council<br />

will coordinate its efforts to empower and enable local<br />

governments and stakeholders to address flood risks<br />

on a watershed basis, as opposed to the political and<br />

jurisdictional boundaries that have historically driven the<br />

process.<br />

To this end, the Council has launched the Louisiana<br />

Watershed Initiative. Through the Initiative, the Council<br />

established technical advisory groups consisting of<br />

subject matter experts from throughout the state<br />

who will build a foundation of data, projects, policies,<br />

standards and guidance to manage our state’s water at<br />

the watershed level. One of the core principals of the<br />

technical advisory groups is to fully engage municipal<br />

and parish government officials and professionals,<br />

as well as the public and other stakeholders, into all<br />

recommendations and approaches undertaken by the<br />

Watershed Initiative and Council.<br />

The Great Floods of 2016 devastated thousands of<br />

Louisianians; without a coordinated effort at the<br />

watershed level, we can anticipate more of the same.<br />

We owe it to each of our residents to act responsibly<br />

with this coordinated approach across all levels of<br />

government. We must accept this charge by diligently<br />

applying objective, science-driven approaches to reduce<br />

future flood risk and achieve the best possible long-term<br />

sustainability and resilience in our communities.<br />

In September, the Initiative started hosting a series of<br />

meetings and technical workshops throughout Louisiana.<br />

At these events, municipal leaders and their staff have<br />

been integral participants in the ongoing development of<br />

data and plans that will inform these efforts.<br />

The schedule for all Louisiana Watershed Initiative<br />

meetings is located online at http://watershed.la.gov. We<br />

hope you will join us at these events, as well as actively<br />

engage your municipality with the Initiative by emailing<br />

us with your questions, comments and concerns at<br />

watershed@la.gov.<br />

Before digging, call 811<br />

at least two full work days in advance.<br />

That’s all it takes to notify LA One Call<br />

members, so they can mark nearby utility<br />

lines and pipelines to prevent injury and<br />

costly accidents.<br />

IT’S THE LAW. IT’S FREE.<br />

Call or click www.LAOneCall.com<br />

Page 14<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Partner Insight<br />

Rural Development<br />

USDA PROVIDES RESOURCES TO HELP RURAL COMMUNITIES THRIVE<br />

BY USDA RURAL DEVELOPMENT STATE DIRECTOR DR. CARRIE CASTILLE<br />

USDA works every day to strengthen rural communities<br />

throughout the state. For many municipalities seeking<br />

funding opportunities, federal regulations can be the<br />

downfall for innovation and economic opportunities.<br />

USDA is committed to removing regulatory red tape that<br />

often is a barrier to rural prosperity. A plan to streamline<br />

program regulations and procedures to help increase<br />

access to capital in rural areas is in the works.<br />

In 2020, USDA will allow<br />

lenders to use the same<br />

application form for<br />

four Rural Development<br />

(RD) loan guarantee<br />

programs that provide<br />

funding for business<br />

development, infrastructure<br />

improvements, and<br />

essential community<br />

services. The Community<br />

Facilities Guaranteed Loan<br />

Program, the Water and<br />

Waste Disposal Guaranteed<br />

Loan Program, the Business<br />

and Industry Loan Guarantee Program and the Rural<br />

Energy for America Program will consolidate regulations<br />

to enhance customers experience. Lenders can apply<br />

online to better align modern lending practices,<br />

accelerate approval processes, increase capital to start<br />

and expand businesses, and build critical infrastructure.<br />

For more information, please see page 45091 of the<br />

Sept. 5 Federal Register.<br />

USDA also unveiled a new webpage featuring<br />

information about the importance of rural<br />

e-Connectivity and the ways the U.S. Department of<br />

Agriculture (USDA) is investing to help deploy highspeed<br />

broadband infrastructure in rural America.<br />

Reliable and affordable high-speed internet<br />

e-Connectivity acts as a catalyst for rural prosperity by<br />

enabling efficient, modern communications between<br />

rural American households, farms, ranches, businesses,<br />

schools, and health care centers. Yet, according to the<br />

Federal Communications Commission, 80 percent of the<br />

24 million Americans who lack broadband access live in<br />

rural areas and on tribal lands.<br />

USDA plays a key role in helping rural communities<br />

bridge this infrastructure gap<br />

through program investment,<br />

strategic partnerships, and<br />

Dr. Carrie Castille<br />

best practice implementation<br />

by investing in rural<br />

telecommunications infrastructure. This new website will<br />

give direct access to information on our decades-long<br />

programs that offer more than $700 million per year<br />

for modern broadband<br />

e-Connectivity in rural<br />

communities. In the coming<br />

months, USDA will almost<br />

double these longstanding<br />

programs with an<br />

additional $600 million to<br />

expand rural broadband<br />

infrastructure in unserved<br />

rural areas and tribal lands.<br />

As we are working to set<br />

up the new pilot program,<br />

USDA wants to hear the<br />

thoughts and needs of<br />

Americans living and<br />

doing business in rural communities. The new website<br />

includes a feedback form for the public and interested<br />

stakeholders to provide input on the design and<br />

requirements of the new pilot program.<br />

USDA is working to help expand economic opportunities<br />

and rural prosperity throughout Louisiana. As leaders in<br />

your communities, your guidance for change is extremely<br />

important. Please contact me, carrie.castille@la.usda.gov<br />

or (318) 473-7921, to let us know how we can help.<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 15


Treasury Notes<br />

START SAVING FOR COLLEGE EVEN WITH TOPS<br />

BY STATE TREASURER JOHN M. SCHRODER<br />

When I attended Southeastern<br />

Louisiana University, I worked<br />

several jobs to help pay for my<br />

college education. There was<br />

no TOPS program<br />

Thornton,<br />

when<br />

Musso,<br />

I was<br />

&Bellemin<br />

in school, and we<br />

didn’t have easy access to student loans. Financing<br />

I approve this ad copy for use in the following issues:<br />

for college was pretty limited; you either paid for<br />

everything out of pocket or you depended on savings.<br />

Today, many Louisiana families depend on TOPS, at<br />

least for tuition costs, and it looks like the program will<br />

be around for a while. TOPS doesn’t cover all college<br />

expenses, however, so it’s good to have additional<br />

savings set aside.<br />

Index Listings<br />

You can open a college savings account through the<br />

Student Tuition WATER Assistance TREATMENT and CONSULTANTS Revenue Trust (START)<br />

program. The program can be used to save money<br />

tax-free for tuition, room and board, books and fees.<br />

START can be used to pay expenses at any higher<br />

education institution or Louisiana Technical College<br />

school.<br />

START is called a 529 plan, and most states operate<br />

similar programs. Louisiana’s program is arguably one<br />

of the best in the nation, however.<br />

The minimum deposit to open a START account is<br />

$10, and there are no fees to<br />

participate in the program.<br />

Parents, grandparents and other<br />

individuals can open accounts<br />

for children.<br />

The program offers a variety<br />

of tax benefits. Up to $2,400<br />

in deposits can be deducted<br />

from taxable income reported<br />

to the state, or if the account<br />

owner files a joint return, the<br />

amount is $4,800. Earnings are<br />

tax-deferred, and withdrawals<br />

for qualified expenses are<br />

exempt from state and federal<br />

taxes. Your START beneficiary<br />

pays no taxes on their<br />

disbursements, and you can<br />

change beneficiaries without<br />

tax consequences, provided that<br />

the new beneficiary is a member<br />

of the family of the previous<br />

Membership Directory<br />

<strong>2018</strong> Roster Edition<br />

Official Publication of the<br />

Louisiana Rural Water Association<br />

beneficiary.<br />

Pub Code<br />

Tel:(800) 369-6220, (352<br />

You can use START to invest in a variety of options<br />

Fax: (352) 331-3<br />

-- ranging from very conservative to aggressive --<br />

depending on the age of your dependent and how<br />

soon he or she will be entering college. Louisiana<br />

LWR-R0018 matches your investments from 2 percent to 14 percent<br />

depending on your income. The highest match is<br />

Authorized Signature:<br />

available for families who earn less than $30,000 a<br />

year.<br />

Date:<br />

A new federal tax change Artwork makes Contact: 529 accounts even<br />

more beneficial to parents by allowing for the creation<br />

of savings accounts for the payment of K-12 private<br />

school tuition. Louisiana will roll out its START<br />

K-12 savings program statewide this year, but in the<br />

meantime, the option is available to families who had<br />

START accounts as of December 31, 2017.<br />

Advertising Space<br />

Those START account owners are able to request<br />

a one-time disbursement of up to $10,000 for K-12<br />

expenses. Such disbursements cannot exceed the<br />

START account balance as of December 31, 2017, nor<br />

can they exceed the current account balance. As of<br />

September 6, <strong>2018</strong>, there have been 396 disbursements<br />

for the payment of K-12 expenses totaling more than<br />

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Treatment Programs<br />

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SEE TREASURY PAGE 21<br />

Corrosion Inhibition Iron & Manganese Control Enhanced Disinfection NSF Certified<br />

EPA Approved Chlorine dioxide for Stage 2 compliance assurance DBP reduction<br />

Sludge Dewatering Polymers Dechlorination Technical Support/Service Testing<br />

Naylor, LLC - Gain<br />

5950 NW 1st Pl<br />

Gainesville, Florida,<br />

Page 16<br />

707693_Thornton.indd 1<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong><br />

8/21/14 8:33 PM


Partner Insight<br />

Put Advance Refundings Back on the Table<br />

BY NNAMDI THOMPSON, GOVERNMENT CONSULTANTS<br />

The National League of Cities just released their<br />

33rd annual City Fiscal Conditions survey. It gives a<br />

snapshot into how City Finance Officers view their<br />

respective city’s financial outlook. The NLC conducts<br />

an online survey each year to get a handle on what<br />

their membership forecasts and what issues to lobby to<br />

Congress.<br />

Some takeaways:<br />

• Finance officers from the smallest cities are more<br />

likely to report that their cities are less likely to meet<br />

their fiscal needs this year as compared to last year.<br />

• Employee wages, public safety, and infrastructure<br />

are the most common areas for increased spending.<br />

• General Fund expenditures are increasing faster than<br />

revenues.<br />

• Major tax sources (Property and Sales Tax) grew<br />

slower in the last year.<br />

• It is difficult to gauge how the provisions of the<br />

Federal Tax Cuts and Jobs Act affect city finances.<br />

One of the provisions, the elimination of advance<br />

refunding bonds, is seen as negative to future city<br />

finances (61%).<br />

Concerning the last point, respondents felt it was too<br />

soon to see how the Act affected their balance sheet.<br />

However, one of the provisions in the Act was singled<br />

out for concern. The Act eliminated the Advance<br />

Refunding Bonds. If an issuer wants to refinance<br />

their existing bonds, they could issue new bonds at<br />

SEE REFUNDINGS PAGE 21<br />

GOVERNMENT CONSULTANTS, INC.<br />

Specializing in Bond Issues and Financing<br />

L. Gordon King<br />

Dede Riggins<br />

Nnamdi I. Thompson<br />

Shaun B. Toups<br />

David M. Medlin<br />

James R. Ryan<br />

Stephen Holley<br />

(MSRB Registered Municipal Advisors)<br />

700 North 10 th Street Annex Bldg.<br />

Baton Rouge, LA 70802<br />

(225) 344‐2098 (Phone) (225) 344‐5952 (Fax)<br />

gcla@gc‐la.net (email)<br />

OVERVIEW<br />

Modern day government has become a large financial<br />

enterprise, handling millions of dollars and facing<br />

service and revenue pressures. The governing<br />

authority and Administrator(s) face complex financial<br />

decisions ranging from the impact of property and<br />

sales taxes to the financing of capital improvements.<br />

As government finance has become more complex,<br />

the need for financial advice to base decisions upon<br />

has. The services of an expert Municipal Advisor are<br />

being used by more and more grown governmental<br />

units.<br />

A Municipal Advisor (or “MA”) serves as a<br />

consultant advising the governing authority on<br />

matters relating to the following:<br />

Financial feasibility of projects;<br />

Total cost analysis of financing alternatives;<br />

Review of capital improvement financing<br />

programs;<br />

Advice on the structuring and marketing of debt<br />

securities.<br />

The MA is an integral member of the governing<br />

authority’s management team, providing advice and<br />

analysis to assist in financial decision‐making.<br />

ECONOMIC DEVELOPMENT<br />

FINANCE ANALYSIS<br />

• Analyzing available alternatives in relation to<br />

cost to the governing authority and providing<br />

financial guidance and recommendations;<br />

• Analyzing from a cost/benefit standpoint the<br />

use of incentives (free land, subsidy of bond<br />

issues, utility improvements) to attract<br />

industry;<br />

• Providing a detailed upfront and long‐term<br />

financial analysis of costs to the governing<br />

authority versus benefits of the specific<br />

project; and<br />

• Serving as an economic development finance<br />

resource for the Governing Authority.<br />

We Have The Experience!<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 17


Unsung Heroes of Municipal Government<br />

By Douglas Schmidt, LCMC, LMCA Public Relations Officer<br />

The importance of a municipal<br />

clerk is demonstrated by the<br />

wording of the Lawrason Act,<br />

which provides that every<br />

municipality MUST appoint<br />

a clerk. Title 33 sets forth<br />

certain duties of the clerk:<br />

auditor, potential tax collector,<br />

minute-keeper, custodian<br />

of the municipal seal, and<br />

custodian of all ordinances<br />

and records. But, the myriad<br />

of responsibilities assumed<br />

by most municipal clerks far<br />

exceeds what is provided in<br />

the statutes.<br />

For every action undertaken<br />

by a municipal government –<br />

from contracts, to ordinances/<br />

resolutions, to purchasing – there is paperwork that<br />

must be carefully created, processed, and maintained.<br />

Further, the clerk is often the “face” of the municipality,<br />

interacting with the public daily regarding the things that<br />

matter to them the most. To a large extent, the success<br />

of a municipal government rests on the shoulders of the<br />

municipal clerk, and a well-trained clerk makes everyone’s<br />

lives easier. A clerk’s statutory duties coupled with<br />

the level of service that must be delivered daily to the<br />

mayors and the public, should come with an instruction<br />

manual and a superhero’s cape. Thankfully, the Louisiana<br />

Municipal Clerks Association (LMCA) provides both<br />

instructions and a cape in the form of the 43rd Annual<br />

Louisiana Municipal Clerk’s Institute (LMCI) and the<br />

Technical Assistance Program (TAP).<br />

The LMCA is the organization that provides critical training<br />

and mentorship opportunities for clerks. The LMCI will<br />

take place on <strong>October</strong> 21-26, <strong>2018</strong> at the Embassy Suites<br />

in Baton Rouge. Through generous contributions from<br />

LMA, LaMATS, and LMCA, clerks who might not otherwise<br />

be able to participate, due to limited financial resources<br />

of their municipality, are given the opportunity to attend<br />

and gain the knowledge needed to be effective municipal<br />

clerks. This year, ten scholarship applicants were awarded<br />

Mayor Eugene Smith Memorial LaMATS scholarships, and<br />

eight applicants were awarded Gloria King Memorial LMA/<br />

LMCA scholarships to attend LMCI training.<br />

The LMCI is a full week of classes and discussions on<br />

topics that affect all sizes of municipalities. It is of vital<br />

importance that we, as clerks, keep up with the laws that<br />

affect our cities, towns, and villages. For example, the<br />

LMCI provides training on public records and records<br />

retention. It is imperative<br />

that municipalities create<br />

record retention schedules<br />

so that they do not have an<br />

abundance of out of date<br />

files taking up much needed<br />

space. This is also important<br />

when public records requests<br />

are received so that the<br />

clerk, as custodian, knows<br />

exactly what records are<br />

available and where they are<br />

located. Additionally, LMCI<br />

classes allow clerks to gain<br />

points that accrue toward<br />

obtaining status as a Certified<br />

Municipal Clerk and eventually<br />

a Master Municipal Clerk.<br />

Friday morning sessions have<br />

been added to this year’s institute to provide even more<br />

points toward certification. We are hopeful for a record<br />

turnout this year, as the committee has booked some new<br />

speakers and topics, as well as fun activities.<br />

For new or fledgling clerks, the LMCA provides a program<br />

to gain expert assistance from an experienced certified<br />

clerk. Through the Technical Assistance Program,<br />

experienced clerks travel to other municipalities to mentor<br />

new clerks with hands-on knowledge about the municipal<br />

clerk’s responsibilities. This has been a very successful<br />

program that has enjoyed the full support of the LMA, and<br />

has been especially helpful for those new clerks unable to<br />

attend LMCI training. It is imperative that these new clerks<br />

know their responsibilities, and the legal and technical<br />

expertise of a certified clerk is essential to maintain<br />

operations within the boundaries of Louisiana law. For<br />

more information about the Technical Assistance Program,<br />

please contact LMCA Past President Sherry McCann at<br />

mccann.sherry@bellsouth.net, or LMA Member Services<br />

Coordinator Kelly Drone at kelly@lma.org.<br />

Every month, the LMCA features information in this<br />

publication through the “Clerk’s Corner.” We aim to<br />

apprise our members of upcoming events and provide a<br />

little levity through a “Lagniappe” section. For example,<br />

<strong>October</strong> is Health Literacy Month and Pizza Month. We<br />

encourage you to learn ways to stay physically and socially<br />

healthy, but to also leave room for the occasional slice or<br />

two of good pizza!<br />

Thank you to all of the municipal clerks who are indeed<br />

unsung heroes. Our united superpowers are keeping<br />

Louisiana strong!<br />

Page 18<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Sunday, <strong>October</strong> 21<br />

12:00 p.m. – 5:00 p.m.<br />

Registration<br />

1:00 p.m. – 5:00 p.m. [4]<br />

Basics of Being a Clerk<br />

LMCA Panel<br />

5:30 p.m. – 8:00 p.m.<br />

Evening Reception<br />

Monday, <strong>October</strong> 22<br />

7:30 a.m. – 5:00 p.m.<br />

Registration<br />

7:45 a.m. – 8:00 a.m. [.25]<br />

Opening Remarks<br />

8:00 a.m. – 9:00 a.m. [1]<br />

TBD<br />

9:00 a.m. – 10:00 a.m. [1]<br />

Dear Younger Me<br />

Nancy Boudreaux<br />

10:00 a.m. – 10:15 a.m.<br />

BREAK<br />

10:15 a.m. – 12:00 p.m. [1.75]<br />

MERS Municipal<br />

Responsibilities<br />

Susita Suire, Retirement<br />

Benefits Administrator<br />

12:00 p.m. – 1:30 p.m.<br />

Lunch (on your own)<br />

1:30 p.m. – 2:30 p.m. [1]<br />

Topic TBD<br />

Leman Raphael<br />

2:30 p.m. – 3:30 p.m. [1]<br />

Red Flags of<br />

Investment Scams<br />

Nancy Boudreaux<br />

3:30 p.m. – 3:45 p.m.<br />

BREAK<br />

3:45 p.m. – 4:30 p.m. [.75]<br />

Records Retention<br />

Carrie Martin<br />

4:45 p.m. – 5:45 p.m. [1]<br />

TBD<br />

Program Schedule<br />

6:00 p.m. – 7:15 p.m.<br />

Pizza & Game Night<br />

Please bring a gift not to<br />

exceed $10<br />

Tuesday, <strong>October</strong> 23<br />

7:30 a.m. – 5:00 p.m.<br />

Registration<br />

7:45 a.m. – 8:00 a.m. [.25]<br />

Opening Remarks<br />

8:00 a.m. – 3:00 p.m. [7]<br />

Education Excursion to<br />

Myrtles Plantation &<br />

Angola Prison<br />

St. Francisville<br />

3:00 p.m. – 4:00 p.m. [1]<br />

Nnamdi Thompson,<br />

Government Consultants<br />

4:00 p.m. – 4:30 p.m. [.5]<br />

Technical Assistance Program<br />

Sherry McCann, MMC,<br />

LMMC, Clerk Town of Sibley,<br />

Past President<br />

4:30 p.m. – 5:00 p.m. [.5]<br />

Certification Application<br />

Process<br />

LMCA Certification Committee<br />

5:00 p.m. – 5:30 p.m. [.5]<br />

LA Government Assistance<br />

Program (LGAP)<br />

Traci Watts, Director Office of<br />

Community Development<br />

Wednesday, <strong>October</strong> 24<br />

Crazy Hat Day<br />

7:30 a.m. – 5:00 p.m.<br />

Registration<br />

7:45 a.m. – 9:00 a.m. [1.25]<br />

Opening Remarks<br />

Lawrason, Homerule &<br />

Legislative Charters<br />

John Gallagher, Executive<br />

Director, LMA<br />

LMCI Agenda<br />

9:00 a.m. – 10:00 a.m. [1]<br />

Special Elections &<br />

Appointments<br />

Ray Wood, Attorney,<br />

Secretary of State<br />

10:00 a.m. – 10:15 a.m.<br />

BREAK<br />

10:15 a.m.– 11:00 a.m. [.75]<br />

Legislative Updates<br />

Karen White Executive<br />

Counsel, LMA<br />

11:00 a.m. – 12:00 p.m. [1]<br />

Best Practices: Taking<br />

Minutes & Writing Skills<br />

Yvonne Lewis Day<br />

12:00 p.m. – 1:30 p.m.<br />

Lunch (on your own)<br />

1:30 p.m. – 2:30 p.m. [1]<br />

Utility Policy & Procedure<br />

Rusty Reeves, Deputy<br />

Director, Louisiana Rural<br />

Water Association<br />

2:30 p.m. – 3:30p.m. [1]<br />

Three W’s of Social Media<br />

Anita Tillman, Communications<br />

Consultant, LMA<br />

3:30 p.m. – 3:45 p.m.<br />

BREAK<br />

3:45 p.m. – 4:45p.m. [1]<br />

LMCA Business Meeting<br />

4:45 p.m. [1]<br />

Skits<br />

5:45 p.m. - 7:15 p.m.<br />

Sponsor Reception<br />

Thursday, <strong>October</strong> 25<br />

LMCA Polo Shirt or<br />

Black Shirt Day<br />

7:30 a.m. – 5:00 p.m.<br />

Registration<br />

7:45 a.m. – 8:00 a.m. [.25]<br />

Opening Remarks<br />

Sponsor Introductions<br />

Feature<br />

8:00 a.m. – 10:00 a.m. [2]<br />

Public Relations & Public<br />

Information Requests<br />

Karen White, Executive<br />

Counsel, LMA<br />

10:00 a.m. – 10:15 a.m.<br />

BREAK<br />

10:15 a.m. – 11:00 a.m. [.75]<br />

TBD<br />

11:15 a.m. [1]<br />

GROUP PHOTOS<br />

11:30 p.m. – 1:30 p.m.<br />

Lunch (on your own)<br />

LMCA Executive Board<br />

Mtg.<br />

1:30 p.m. – 3:30 p.m. [2]<br />

Programs and Services<br />

Cliff Palmer, Executive<br />

Director, LaMATS<br />

3:30 p.m. – 3:45 p.m.<br />

BREAK<br />

3:45 p.m. – 4:45 p.m. [1]<br />

Roundtable Discussions<br />

6:30 p.m.<br />

Banquet Reception<br />

7:00 p.m. [1]<br />

Banquet & Graduation<br />

Ceremony<br />

Friday, <strong>October</strong> 26<br />

8:45 a.m. – 9:00 a.m. [.25]<br />

Opening Remarks<br />

9:00 a.m.– 10:00 a.m. [1]<br />

TBD<br />

10:00 a.m. –10:15 a.m.<br />

BREAK<br />

10:15 a.m. –11:30a.m. [1.25]<br />

TBD<br />

Friday classes are at the LMA<br />

building, 700 North 10 th St.<br />

Baton Rouge, LA 70802.<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 19


Mid Term Elections Preview<br />

Mid-Term Elections Preview<br />

Early voting will take place from <strong>October</strong> 23-30 for the November 6, <strong>2018</strong> mid-term elections.<br />

Secretary of State<br />

Kyle Ardoin Baton Rouge Republican Male<br />

Heather Cloud Turkey Creek Republican Female<br />

'Gwen' Collins-Greenup Clinton Democrat Female<br />

A.G. Crowe Pearl River Republican Male<br />

'Rick' Edmonds Baton Rouge Republican Male<br />

Renee Fontenot Free Baton Rouge Democrat Female<br />

Thomas J. Kennedy, III Metairie Republican Male<br />

Matthew Paul 'Matt' Moreau Zachary No Party Male<br />

Julie Stokes Metairie Republican Female<br />

U.S. Representative - 1 st Congressional District<br />

Lee Ann Dugas Kenner Democrat Female<br />

'Jim' Francis Covington Democrat Male<br />

Frederick 'Ferd' Jones Ponchatoula Independent Male<br />

Howard Kearney Mandeville Libertarian Male<br />

Tammy M. Savoie New Orleans Democrat Female<br />

Steve Scalise Jefferson Republican Male<br />

U.S. Representative - 2 nd Congressional District<br />

Belden 'Noonie Man' Batiste New Orleans Independent Male<br />

Cedric Richmond New Orleans Democrat Male<br />

Shawndra Rodriguez Baton Rouge No Party Female<br />

Jesse Schmidt Gretna No Party Male<br />

U.S. Representative - 3 rd Congressional District<br />

'Rob' Anderson DeQuincy Democrat Male<br />

Aaron J. Andrus Westlake Libertarian Male<br />

'Josh' Guillory Lafayette Republican Male<br />

Clay Higgins Lafayette Republican Male<br />

Mildred 'Mimi' Methvin Lafayette Democrat Female<br />

Larry Rader New Iberia Democrat Male<br />

Verone Thomas Lake Charles Democrat Male<br />

U.S. Representative - 4 th Congressional District<br />

Mark David Halverson Bossier City No Party Male<br />

'Mike' Johnson Bossier City Republican Male<br />

Ryan Trundle Shreveport Democrat Male<br />

U.S. Representative - 5 th Congressional District<br />

Ralph Abraham Archibald Republican Male<br />

Billy Burkette Pride Independent Male<br />

Jessee Carlton Fleenor Loranger Democrat Male<br />

Kyle Randol Monroe Libertarian Male<br />

U.S. Representative – 6 th Congressional District<br />

Justin Dewitt Baton Rouge Democrat Male<br />

Devin Lance Graham Gonzales Independent Male<br />

Garret Graves Baton Rouge Republican<br />

'Andie' Saizan Springfield Democrat<br />

26 th Senatorial District<br />

10 th Representative District<br />

Jerry Gaspard Abbeville Republican Male<br />

'Bob' Hensgens Gueydan Republican Male<br />

Jean Menard Church Point Democrat Female<br />

Wayne McMahen Springhill Republican Male<br />

33 rd Representative District<br />

'Les' Farnum Sulphur Democrat Male<br />

Teri A. Johnson Sulphur Democrat Female<br />

Stuart Moss Sulphur Republican Male<br />

90 th Representative District<br />

Mary DuBuisson Slidell Republican Female<br />

Brian Glorioso Slidell Republican Male<br />

Sean Morrison Slidell Democrat Male<br />

John Raymond Slidell Republican Male<br />

CONTINUED FROM PAGE 16:<br />

TREASURY NOTES<br />

$2.5 million. There is no state tax break or<br />

state match for the K-12 program, but there<br />

are federal tax advantages.<br />

At the end of the last year there were 59,774<br />

START accounts and $841 million in assets.<br />

If you don’t already have a START account,<br />

I highly encourage you to consider opening<br />

one. For more information, visit www.<br />

startsaving.la.gov or email start@la.gov today.<br />

CONTINUED FROM PAGE 17:<br />

REFUNDING<br />

lower rates to pay off their older bonds and<br />

realize those annual savings. Most bonds<br />

have a “lock-out” period of ten years from<br />

the beginning. However, prior to the Act,<br />

the Federal government would allow the<br />

City to refinance during the lock-out period<br />

once during the life of the bond. This was an<br />

advance refunding. Since this is no longer<br />

allowed by the Act, some cities are not able<br />

to achieve savings and are stuck with their<br />

current debt payments. With municipal<br />

bond rates still at all time lows, this means<br />

billions of dollars of bonds are unable to be<br />

refinanced, thus the loss of millions of dollars<br />

in savings for local governments.<br />

"We’d like to get Congress to put advance<br />

refundings back on the table,” said NLC<br />

President Mark Stodola, the mayor of Little<br />

Rock, Ark. “It’s big money to every city.”<br />

Stodola said he was able to give workers in<br />

his city a raise last year because of the $1.5<br />

million in savings it realized from a 2017<br />

advance refunding.<br />

In contrast, Stodola reports that Little Rock<br />

is going to have to come up with an extra $3<br />

million or $4 million to balance the budget<br />

this year because revenues are not as much<br />

as had been projected.<br />

The NLC recommends that local governments<br />

speak to their U.S. Congressmen for help in<br />

changing this part of the Act.<br />

Page 20<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Feature<br />

Statement Of Proposed Constitutional Amendments<br />

November 6, <strong>2018</strong><br />

In compliance with R.S. 18:431 and R.S. 18:552, a statement of the<br />

Proposed Constitutional Amendments in the order in which they will<br />

appear on the ballot for the November 6, <strong>2018</strong> election is provided as<br />

follows:<br />

1. “Do you support an amendment to prohibit a convicted<br />

felon from seeking or holding public office or appointment within<br />

five years of completion of his sentence unless he is pardoned?”<br />

Act 719 (<strong>2018</strong> Regular Session) adds Article I, Section 10.1.<br />

Proposed Constitutional Amendment provides that the following<br />

persons shall not be permitted to qualify as a candidate for elective<br />

public office or hold elective public office or appointment of honor,<br />

trust, or profit in this State: 1) a person who is actually under an order of<br />

imprisonment for conviction of a felony; or 2) a person who has been<br />

convicted within Louisiana of a felony and who has exhausted all legal<br />

remedies, or who has been convicted under the laws of any other state<br />

or of the United States or of any foreign government or country of a<br />

crime which, if committed in Louisiana, would be a felony and who has<br />

exhausted all legal remedies and has not been pardoned either by the<br />

governor of Louisiana or by the officer of the state, nation, government,<br />

or country having such authority to pardon in the place where the person<br />

was convicted and sentenced.<br />

Proposed Constitutional Amendment provides an exception and<br />

shall not prohibit a person convicted of a felony from qualifying as a<br />

candidate for elective public office or holding such elective public office<br />

or appointment of honor, trust, or profit if more than five years have<br />

elapsed since the completion of his original sentence for the conviction.<br />

Proposed Constitutional Amendment relating to felony convictions<br />

shall not prohibit a person from being employed by the state or a political<br />

subdivision.<br />

2. “Do you support an amendment to require a unanimous<br />

jury verdict in all noncapital felony cases for offenses that are<br />

committed on or after January 1, 2019?”<br />

Act 722 (<strong>2018</strong> Regular Session) amends Article I, Section 17(A).<br />

Present Constitution provides that a noncapital criminal case for an<br />

offense in which the punishment is necessarily confinement at hard<br />

labor shall be tried before a jury of twelve persons, ten of whom must<br />

concur to render a verdict.<br />

Proposed Constitutional Amendment provides that a noncapital<br />

criminal case for an offense committed prior to January 1, 2019 in<br />

which the punishment is necessarily confinement at hard labor shall<br />

be tried before a jury of twelve persons, ten of whom must concur to<br />

render a verdict.<br />

Proposed Constitutional Amendment provides that a noncapital<br />

criminal case for an offense committed on or after January 1, 2019, in<br />

which the punishment is necessarily confinement at hard labor shall<br />

be tried before a jury of twelve persons, all of whom must concur to<br />

render a verdict.<br />

3. “Do you support an amendment to permit, pursuant to written<br />

agreement, the donation of the use of public equipment and<br />

personnel by a political subdivision upon request to another political<br />

subdivision for an activity or function which the requesting<br />

political subdivision is authorized to exercise?”<br />

Act 717 (<strong>2018</strong> Regular Session) amends Article VII, Section 14(B).<br />

Present Constitution prohibits the funds, credit, property, or things<br />

of value of the state or of any political subdivision from being loaned,<br />

pledged, or donated, except as otherwise provided by this constitution.<br />

Proposed Constitutional Amendment retains present constitution<br />

and adds an exception that allows, pursuant to a written agreement,<br />

the donation of the use of public equipment and personnel by a political<br />

subdivision upon request to another political subdivision for an<br />

activity or function the requesting political subdivision is authorized to<br />

exercise.<br />

4. “Do you support an amendment to remove authority to appropriate<br />

or dedicate monies in the Transportation Trust Fund to<br />

state police for traffic control purposes?”<br />

Act 720 (<strong>2018</strong> Regular Session) amends Article VII, Section 27(B)(1).<br />

Present Constitution provides that monies in the Transportation Trust<br />

Fund shall be appropriated or dedicated solely and exclusively for the<br />

costs for and associated with construction and maintenance of the<br />

roads and bridges of the state and federal highway systems, the Statewide<br />

Flood-Control Program or its successor, ports, airports, transit,<br />

state police for traffic control purposes, and the Parish Transportation<br />

Fund or its successor and for the payment of all principal, interest, premium,<br />

if any, and other obligations incident to the issuance, security,<br />

and payment in respect of bonds or other obligations payable from the<br />

trust fund.<br />

Proposed Constitutional Amendment removes the authority to appropriate<br />

or dedicate monies in the Transportation Trust Fund to the<br />

state police for traffic control purposes.<br />

5. “Do you support an amendment to extend eligibility for the<br />

following special property tax treatments to property in trust: the<br />

special assessment level for property tax valuation, the property<br />

tax exemption for property of a disabled veteran, and the property<br />

tax exemption for the surviving spouse of a person who died<br />

while performing their duties as a first responder, active duty<br />

member of the military, or law enforcement or fire protection officer?”<br />

Act 721 (<strong>2018</strong> Regular Session) adds Article VII, Sections 18(G)(6), 21(K)<br />

(4) and (M)(4).<br />

Present Constitution provides the assessment of residential property<br />

receiving the homestead exemption which is owned and occupied by<br />

any of the following, if the owner has an adjusted gross annual income<br />

that does not exceed the income threshold, shall not be increased<br />

above the total assessment of that property for the first year that the<br />

owner qualifies for and receives the special assessment level, provided<br />

that such person or persons remain qualified for and receive the special<br />

assessment level: 1) people who are sixty-five years of age or older; 2)<br />

people who have a service-connected disability rating of fifty percent<br />

or more by the United States Department of Veterans Affairs; 3) members<br />

of the armed forces of the United States or the Louisiana National<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 21


Guard who owned and last occupied such property who are killed in<br />

action, or who are missing in action or are a prisoner of war for a period<br />

exceeding ninety days; or 4) any person or persons permanently totally<br />

disabled as determined by a final non-appealable judgment of a court<br />

or as certified by a state or federal administrative agency charged with<br />

the responsibility for making determinations regarding disability.<br />

Proposed Constitutional Amendment retains present constitution<br />

and provides that a trust shall be eligible for the special assessment<br />

level if the trust would have been eligible for the special assessment<br />

level prior to the most recent reappraisal, the total assessment of the<br />

property held in trust shall be the assessed value on the last appraisal<br />

before the reappraisal.<br />

Present Constitution provides an additional exemption from ad valorem<br />

taxation of seven thousand five hundred dollars of the assessed valuation<br />

of property receiving the homestead exemption that is owned<br />

and occupied by a veteran with a service- connected disability rating of<br />

one hundred percent unemployability or totally disabled by the United<br />

States Department of Veterans Affairs or the surviving spouse of the<br />

veteran.<br />

Proposed Constitutional Amendment retains present constitution<br />

and provides an additional exemption for a trust.<br />

Present Constitution provides that for ad valorem taxes due in 2017<br />

and thereafter, an unmarried surviving spouse of a person who died<br />

while on active duty as a member of the armed forces of the United<br />

States or the Louisiana National Guard, or while performing their duties<br />

as a state police officer, or a law enforcement or fire protection officer<br />

who qualified for the salary supplement authorized by Article VII, Section10(D)(3)<br />

of this constitution is entitled to an exemption from ad valorem tax for<br />

the total assessed value of their homestead.<br />

Proposed Constitutional Amendment retains present constitution<br />

and provides an additional exemption for a trust.<br />

6. “Do you support an amendment that will require that any<br />

reappraisal of the value of residential property by more than<br />

50%, resulting in a corresponding increase in property taxes, be<br />

phased-in over the course of four years during which time no additional<br />

reappraisal can occur and that the decrease in the total<br />

ad valorem tax collected as a result of the phase-in of assessed<br />

valuation be absorbed by the taxing authority and not allocated<br />

to the other taxpayers?”<br />

Act 718 (<strong>2018</strong> Regular Session) amends Article VII, Section 18(A) and (F).<br />

Present Constitution provides that property subject to ad valorem<br />

taxation shall be listed on the assessment rolls at its assessed valuation<br />

which shall be a percentage of its fair market value and all property<br />

subject to taxation shall be reappraised and valued at intervals of not<br />

more than four years.<br />

Proposed Constitutional Amendment retains present constitution<br />

and provides for the phase-in of additional tax liability in the year of implementation<br />

of a reappraisal resulting from the increase in the property’s<br />

assessed value over a four-year period, if the assessed value of the<br />

immovable property increases by an amount which is greater than fifty<br />

percent of the property’s assessed value in the previous year as follows:<br />

a) For the first levy following reappraisal, the collector shall use the<br />

property’s assessed value from the previous year, which is called the<br />

base amount, and shall increase the portion of the assessed value of<br />

the property used to calculate ad valorem taxes by adding an amount<br />

which is equal to one-fourth of the amount of the increase in the<br />

assessed value as a result of the reappraisal to the base amount, and<br />

the resulting amount shall be the property’s taxable value and shall be<br />

used solely for purposes of calculating ad valorem taxes for that taxable<br />

year.<br />

b) For the second levy following reappraisal, the collector shall increase<br />

the portion of the assessed value of the property used to calculate<br />

ad valorem taxes by adding an amount which is equal to one-half<br />

of the amount of the increase in the assessed value as a result of the<br />

reappraisal to the base amount, and the resulting amount shall be the<br />

property’s taxable value and shall be used solely for purposes of calculating<br />

ad valorem taxes for that taxable year.<br />

c) For the third levy following reappraisal, the collector shall<br />

increase the portion of the assessed value of the property used to<br />

calculate ad valorem taxes by adding an amount which is equal to<br />

three-quarters of the amount of the increase in the assessed value as a<br />

result of the reappraisal to the base amount, and the resulting amount<br />

shall be the<br />

property’s taxable value and shall be used solely for purposes of calculating<br />

ad valorem taxes for that taxable year.<br />

d) For the fourth levy following reappraisal, the collector shall calculate<br />

ad valorem taxes based on the property’s full assessed value.<br />

Proposed Constitutional Amendment provides that the phase-in of<br />

additional ad valorem tax liability following reappraisal shall cease to<br />

apply on the transfer or conveyance of ownership of the property, and<br />

the collector shall calculate ad valorem taxes based on the property’s<br />

full assessed value after the transfer or conveyance.<br />

Proposed Constitutional Amendment provides that property subject<br />

to the four-year phase-in of additional ad valorem taxes shall not be<br />

subject to reappraisal by an assessor until after the four-year phase-in<br />

of the amount of the increase in the property’s assessed value is complete.<br />

Proposed Constitutional Amendment provides that notwithstanding<br />

any provision of this constitution to the contrary, the increase in<br />

assessed valuation of property phased- in shall be included as taxable<br />

property for purposes of subsequent reappraisals and valuation for<br />

millage adjustment purposes under Article VII, Section 23(B) of this<br />

constitution, and the decrease in the total amount of ad valorem tax<br />

collected by a taxing authority as a result of the phase-in of the assessed<br />

valuation shall be absorbed by the taxing authority and shall<br />

not create any additional tax liability for other taxpayers in the taxing<br />

district as a result of any subsequent reappraisal and valuation or millage<br />

adjustment.<br />

Proposed Constitutional Amendment further provides that the implementation<br />

of the phase-in of increase in assessed valuation shall neither<br />

trigger nor be cause for a reappraisal of property or an adjustment<br />

of millages pursuant to Article VII, Section 23(B) of this constitution.<br />

Proposed Constitutional Amendment shall not apply to the extent<br />

the increase was attributable to construction on or improvements to<br />

the property.<br />

Page 22<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>


Feature<br />

Pre-Disaster Training and Development<br />

BY BRETT KRIGER, LMA DEPUTY DIRECTOR OF DISASTER RESPONSE<br />

The thin silver lining to the March and August floods of<br />

2016 has been a new FEMA focus and priority on predisaster<br />

training and development for more effective<br />

recovery plans, specifically by and for Louisiana. For<br />

the past two years, LMA has been working closely with<br />

several state and federal agencies to help the federal/<br />

state/local disaster response and recovery effort<br />

become more effective and easier to implement. The<br />

team we are working with includes:<br />

• Federal Emergency Management Agency (FEMA)<br />

• Federal Highway Administration (FHWA)<br />

• Governor’s Office of Homeland Security and<br />

Emergency Preparedness (GOHSEP)<br />

• Office of Community Development – Disaster<br />

Recovery Unit (OCD-DRU)<br />

• Department of Transportation Development<br />

(DOTD)<br />

• LSU - LA Technical Assistance Program /<br />

Transportation Research Center (LTAP/LTRC)<br />

Over the past two years LMA has been a sponsor<br />

and developmental partner with these agencies in<br />

delivering community planning workshops, municipal<br />

recovery plans, Louisiana Watershed Resiliency<br />

Study, regional flood mitigation planning webinars,<br />

an international study of damage to submerged<br />

roads, consolidated training for Emergency Disaster<br />

Recovery Process for Transportation Assets, week-long<br />

course for state agency leads on Supporting Local<br />

Governments in Disasters, and a new FEMA national<br />

course on Disaster Recovery Operations for Local<br />

Governments.<br />

To focus on one of the most unique activities<br />

mentioned, I want to highlight the groundbreaking<br />

work of the LTAP/LTRC partnership with LMA that<br />

was formed over 18 months ago to provide better<br />

information to municipalities on maximizing disaster<br />

recovery and cost reimbursements from FEMA and<br />

FHWA. The complexities of understanding and<br />

following all of the damage documentation and<br />

reporting requirements through these overlapping and<br />

conflicting federal programs, has historically led to<br />

delays in cost recovery/reimbursement and even lost<br />

opportunities for potentially eligible loses.<br />

LTAP took the lead on building a collaborative team<br />

to develop a single Resource Guide that combines<br />

FEMA and FHWA “rules” and policy along with<br />

documentation guides and checklists. DOTD and<br />

GOHSEP then were able to package this first-inthe-nation<br />

consolidated information into a 4-hour<br />

workshop that has been delivered in 10 regional<br />

locations to nearly 500 municipal officials, public works<br />

departments, emergency managers, management<br />

officials, and consulting engineers. The workshop<br />

content and resource guide is sanctioned by all of<br />

the state and federal agencies listed above and the<br />

workshop presentation is a multi-agency delivery.<br />

The proposal by FEMA to develop a full-scale<br />

Disaster Recovery Operations course, formatted for<br />

independent study and webinar delivery in small<br />

bites as a disaster develops and progresses, is also<br />

unique. The concept is to create 60 to 90-minute<br />

YouTube-type videos and/or webinars for “just-intime”<br />

delivery to governmental leaders, emergency<br />

operations responders, damage documentation<br />

teams, public works leads, and disaster management<br />

personnel. Historically, local officials and operators<br />

trying to manage the disaster response and recovery<br />

are overwhelmed with disaster information about<br />

laws, rules, regulations, and policy at a point they are<br />

least able to absorb it. This new approach packages<br />

key content – limited to immediate priority items<br />

appropriate to the progressive phases of disaster<br />

preparedness, response, and recovery. FEMA has asked<br />

LMA to play key role in course management strategy,<br />

content development, and ultimately a pilot delivery in<br />

Louisiana.<br />

These are highlights of some innovative approaches<br />

to actually learning the lessons of past disasters and<br />

developing new approaches to dealing with their<br />

aftermath. With Louisiana always being at the top of<br />

the list for catastrophic disasters, LMA welcomes the<br />

opportunity to help improve the federal/state/local<br />

response and we value the relationship we have with<br />

our Federal and State partners in these pioneering<br />

efforts.<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 23


LMA Transportation and Infrastructure Summit<br />

We are excited to announce the Transportation and<br />

Infrastructure Summit, which will provide important<br />

information on federal and state funding resources,<br />

update attendees on the status of federal and state<br />

infrastructure programs, and allow attendees to vocalize<br />

their transportation needs to state and federal leaders.<br />

It is a jointly-sponsored event between the Louisiana<br />

Municipal Association, Louisiana Conference of Mayors,<br />

and National League of Cities. The summit will take place<br />

at the Holiday Inn Alexandria Downtown, 701 4th Street,<br />

Alexandria, LA 71301. Visit the LMA website at www.<br />

lma.org to register for this FREE event! Contact Richard<br />

Williams or Brandon Brewer by email or at (225) 344-<br />

5001 for more information.<br />

Schedule:<br />

10:00 am - 11:00 am Opening Session featuring<br />

Congressman Garret Graves<br />

11:00 am – 12:00 pm Federal Infrastructure Initiatives and<br />

Funding, Brittney Kohler, NLC Federal Advocacy<br />

Program Director, moderator<br />

12:00 pm – 1:30 pm Lunch with Eric Kalivoda, Deputy<br />

Secretary, LA DOTD<br />

1:30 pm – 2:00 pm Marie Walsh, Director, Louisiana Local<br />

Assistance Technical Program on DOTD Funding<br />

Opportunities<br />

2:15 pm – 3:15 pm Breakout roundtable discussions on<br />

local infrastructure needs<br />

PRESORT<br />

STANDARD<br />

U.S. POSTAGE<br />

PAID<br />

BATON ROUGE, LA<br />

PERMIT #319<br />

Page 24<br />

<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>

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