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Louisiana Municipal Review<br />
PUBLISHED BY THE LOUISIANA MUNICIPAL ASSOCIATION<br />
VOL 83, NO. 11<br />
NOVEMBER 2018
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 />
2018-19 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>November</strong> 2018
Inside the LMA<br />
Director’s Viewpoint<br />
EDUCATE, ADVOCATE, AND EMPOWER<br />
BY JOHN GALLAGHER, EXECUTIVE DIRECTOR<br />
In honor of this month’s theme, LMA President Harry<br />
Lewis has dedicated his President’s Message to a<br />
review of the rich history of our organization. The<br />
forward-thinking municipal officials who gathered 92<br />
years ago to form the Louisiana Conference of Mayors,<br />
believed that combining efforts and knowledge through<br />
one organization would promote better municipal<br />
government. In the formative years, the organization had<br />
to weather the Great Depression and many changes, but<br />
despite the starts and stops and the different iterations,<br />
the mission and vision for the association was clear from<br />
the beginning, and was formally enunciated in 2016 when<br />
the LMA Executive Board adopted the following mission<br />
statement:<br />
“The Mission of the Louisiana Municipal Association is to<br />
Educate, Advocate and Empower progressive, effective<br />
leadership in a united network of municipalities.”<br />
This issue of the Louisiana Municipal Review is focused<br />
on reminding our members what the LMA can do for you.<br />
The LMA staff works hard throughout the year providing<br />
educational opportunities for members through<br />
webinars, conferences, and workshops, and through our<br />
affiliate organizations. We advocate on behalf of our<br />
members at the state capitol and in Washington, D.C.<br />
Our legislative team spends many long hours during the<br />
Louisiana legislative session to ensure that municipal<br />
government interests are protected by working with the<br />
LMA Executive Board and Legislative Committee, and<br />
by partnering with other local government associations.<br />
All of these efforts culminate in the empowerment of<br />
Louisiana’s municipal officials and employees, enabling<br />
them to perform their essential roles to the best of their<br />
abilities.<br />
In D.C., we have had several recent victories that greatly<br />
assist in our continued recovery from the 2016 floods<br />
and will help to address our state’s water issues. The<br />
LMA thanks the Louisiana congressional delegation<br />
and state officials for their hard work in winning<br />
congressional approval to fix the duplication of benefits<br />
issue, which now allows those persons who received<br />
SBA loans to make full use of FEMA grant funds through<br />
the RESTORE Homeowners Assistance Program.<br />
Additionally, on October 10, the Senate passed a law,<br />
subsequently signed by President Trump, entitled the<br />
America’s Water Infrastructure Act, which authorized<br />
$5.8 billion in funding to address flood control and<br />
navigation issues throughout the<br />
United States. Louisiana was a big<br />
winner as funding was secured for<br />
several projects benefitting north<br />
and south Louisiana. We will also continue working with<br />
our congressional delegation and the National League<br />
of Cities in our continuing efforts to reform the National<br />
Flood Insurance Program (NFIP).<br />
Please vote on Tuesday, <strong>November</strong> 6 – it is a grossly<br />
under-exercised right. The LMA extends our best wishes<br />
to all the municipal officials running for re-election.<br />
Calendar of Events<br />
<strong>November</strong><br />
7-10 NLC City Summit will be held in Los Angeles,<br />
CA. Go to http://citysummit.nlc.org/ for more<br />
information and to register.<br />
11 Veterans Day<br />
12 LMA Offices Closed (Veterans Day<br />
Observance)<br />
14 LMA Executive Committee, 10:00 a.m. will<br />
be held in Meeting Room 2 of the LMA Office<br />
Building<br />
22-23 Thanksgiving Holiday, LMA offices will be<br />
closed.<br />
December<br />
4 BOAL Training – 2014 NEC Grounding and<br />
Bonding, 9:30 a.m. – 4:30 p.m. at the LMA<br />
Office Building.<br />
5 LMA Executive Board Meeting, 10:00 a.m.<br />
will be held in Meeting Room 2 of the LMA<br />
Office Building.<br />
6 LMGA Executive Committee Meeting, 10:00<br />
a.m. will be held in Meeting Room 2 of the<br />
LMA Office Building. The LMGA Board of<br />
Directors Meeting will immediately follow at<br />
11:00 a.m.<br />
24-25 Christmas Holiday, LMA offices will be closed.<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 3
President’s Message<br />
OUR RICH HISTORY<br />
BY MAYOR HARRY LEWIS, TOWN OF RAYVILLE<br />
How much do you know about<br />
the rich history of this great<br />
organization? My research has<br />
showed that we had leaders with<br />
vision, dedication, determination<br />
and service. Their ultimate goal was<br />
the same as ours is today - to provide the best service<br />
possible to each village, town, and city in Louisiana.<br />
LMA began in 1926 as the Louisiana Conference of<br />
Mayors with Mayor F.L. Foisy of Alexandria as president<br />
and Mayor L.E. Thomas as second vice president. The<br />
organization consisted of 29 towns and cities of Louisiana.<br />
In 1929, the stock market crashed causing economic<br />
calamity and as a result, the organization folded.<br />
Our organization would not be defeated. In 1937, efforts<br />
to reorganize began with great results. By-laws and<br />
a constitution were adopted. Mayor S.S. Caldwell of<br />
Shreveport became president. In 1938, Leon Booth of<br />
Shreveport became editor of the Louisiana Municipal<br />
Review. This is still our official journal. It is an outstanding<br />
communication tool that keeps our membership abreast<br />
of newsworthy events and announcements around the<br />
state.<br />
In 1941, Joseph Reid, Jr., the first executive secretary of<br />
the organization accomplished three major changes: (1)<br />
the organization’s name changed to Louisiana Municipal<br />
Association; (2) revamped dues schedule; and (3) hired a<br />
full-time executive secretary. In addition, the concept of<br />
regional meetings was employed to bring officers of each<br />
area of the state together to discuss common problems.<br />
Using this model, the LMA was successful in legislative<br />
achievements as well as increased membership.<br />
In the 40’s and 50’s, as the quality and scope of services<br />
to the membership grew, so did the membership in LMA.<br />
An increase in the number of municipal incorporations<br />
grew. The association expanded the development of<br />
organizations of affiliated professionals with functions<br />
related to municipal governments. Networking and<br />
partnering with affiliates were extremely beneficial to the<br />
success of LMA and each affiliate.<br />
Sidney Gray was president from 1959 to 1960. It was<br />
during his tenure that the LMA’s headquarters was<br />
relocated to the Jack Tar Capitol House Hotel in<br />
downtown Baton Rouge. The Louisiana Municipal Laws,<br />
containing over 600 pages of legal information pertaining<br />
to municipal government, was published; and, the<br />
Louisiana Achievement Awards and Service Awards were<br />
instituted.<br />
In 1963, R. Gordon Kean of Baton Rouge was appointed<br />
LMA’s legal counsel. He rendered dedicated legal service<br />
to the association and provided legal assistance to many<br />
municipalities which had no other source to obtain legal<br />
representation.<br />
From 1969 to 1973, Marvin Lyons led the organization as<br />
executive director and helped elevate it to new levels. In<br />
1973, Charles Pasqua would become the LMA executive<br />
director for the next twenty years. Under his leadership<br />
the membership grew by leaps and bounds. As the<br />
LMA’s presence in political affairs grew, interpersonal<br />
relationships among municipalities, parish, state and<br />
federal government improved. A self-insurance and<br />
risk management program was created. Pasqua also<br />
spearheaded efforts to plan and build an office building<br />
for the association.<br />
L. Gordon King assumed the executive director’s position<br />
in 1994. His focus was on being more responsive to the<br />
members’ needs and on the promotion of innovativeness<br />
as a key to municipal advancement. King established the<br />
Louisiana Local Government Environmental Facilities<br />
and Community Development Authority (LCDA) and<br />
the Louisiana Municipal Advisory and Technical Services<br />
Bureau (LaMATS). Both were new programs designed to<br />
assist with financing and technological needs.<br />
Tom McHugh became executive director in 2001, and<br />
in 2006 LMA celebrated its 80th year of existence. His<br />
goals were to strengthen the ties between municipal<br />
governments and state and federal government.<br />
In 2014, Ronnie Harris of Gretna was named LMA<br />
executive director. The association continued to grow<br />
under his leadership.<br />
In October 2016, John Gallagher became executive<br />
director of the LMA. I was honored to be elected LMA<br />
President in August, 2018.<br />
It is now up to us to continue the legacy of these great<br />
leaders. We are charged with the responsibility to provide<br />
quality service to our municipalities; to help shape<br />
positive legislation that benefits each town, village, and<br />
city; to provide training and technology where needed; to<br />
grow our membership; and to provide leadership second<br />
to none.<br />
On our watch, we want history to record that LMA is<br />
not only a mighty organization, but also a family that<br />
genuinely cares about our country, state, villages, town<br />
cities, and each other. God Bless You!<br />
Page 4<br />
<strong>LMR</strong> | <strong>November</strong> 2018
Inside the LMA<br />
Governor’s Column<br />
A TIME OF THANKSGIVING<br />
BY JOHN BEL EDWARDS, GOVERNOR OF LOUISIANA<br />
Where has the time gone? It’s hard to believe<br />
<strong>November</strong> is already here but here it is, and what a<br />
beautiful time of the year. This is the month when<br />
we take time to reflect and give thanks for all of our<br />
blessings. Of course I’m grateful for many things<br />
including my family, friends, the hard working and<br />
fun-loving people of our state and the LMA and all<br />
of its members. Louisiana is seeing some of its best<br />
days in decades and that is in part because of your<br />
steadfast partnership with my administration in helping<br />
municipalities across our state and consistently making<br />
a difference. Thank you for all that you do.<br />
There are many things that as a state we can be<br />
thankful for as we look back on all that we have<br />
accomplished together. No longer having to deal<br />
with deficits, Louisiana is projected to have a $300<br />
million surplus for the fiscal year 2018. This is exactly<br />
what we wanted to see. It’s the direct result of an<br />
improved job market for Louisianans, increased<br />
success of our businesses, and an improving<br />
economy that has allowed corporate tax receipts<br />
to outpace expectations. Since I’ve been governor,<br />
the unemployment rate has fallen from a high of 6.2<br />
percent to its current rate of 5 percent. The Bureau<br />
of Economic Analysis’ (BEA) latest report shows that<br />
personal income in Louisiana was the second fastest<br />
growing in the nation in the second quarter of 2018<br />
and that our state’s economy grew faster than 35 other<br />
states in the first quarter of 2018.<br />
When we come together and focus on what’s best for<br />
Louisiana, great things can happen and what we’re<br />
experiencing today is evidence of that. Not long ago, a<br />
coalition of Democrats, Republicans and Independent<br />
worked with me to find ways to provide long-term<br />
budget stability to our state – something our state<br />
has lacked for so long. As a result, we have stabilized<br />
funding for higher education for the<br />
second year in a row. We have fully<br />
funded TOPS and Go Grants. We<br />
did all of that, and we still reduced<br />
the tax burden on the people of<br />
Louisiana by nearly $600 million.<br />
In the spirit of continuing to help our people, I want<br />
to remind you to encourage your constituents who<br />
were impacted by the horrific 2016 floods and have an<br />
application with the Restore Homeowner Assistance<br />
Program to complete and submit their applications by<br />
the <strong>November</strong> 16, 2018 deadline. It’s very important,<br />
especially now that the unfair duplication of benefits<br />
issue has been corrected. It was a long hard battle,<br />
but working with our congressional delegation for the<br />
last two years, relief is on the way to homeowners who<br />
took out a loan with the Small Business Administration<br />
to help recover and rebuild. In early October, Pres.<br />
Donald Trump signed legislation allowing for the loans<br />
to no longer be counted as a duplication and with<br />
guidance from the U.S. Dept. of Housing and Urban<br />
Development, Restore will update the award amounts.<br />
You can visit www.restore.la.gov or call 866-735-2001<br />
Monday-Friday from 8a.m. - 6p.m. for more information.<br />
When we empower our people, we empower our state,<br />
and Louisiana is now on a path of prosperity that<br />
is setting our state and our people up for the kind<br />
of success they deserve. While we have much to be<br />
thankful for, we are far from mission accomplished.<br />
By continuing to work together, we can keep the<br />
momentum going. Donna and I wish you and your<br />
families a Happy Thanksgiving. God bless you all.<br />
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<strong>LMR</strong> | <strong>November</strong> 2018 Page 5
Legal Briefs<br />
RISKY BUSINESS<br />
BY KAREN DAY WHITE, EXECUTIVE COUNSEL<br />
In this month’s feature article, we briefly discussed the<br />
services offered through Risk Management, Inc., a whollyowned<br />
subsidiary of the LMA. For those who have ever<br />
been subjected to litigation, RMI provides more than just<br />
“insurance” – it provides outstanding legal representation<br />
and counseling that gives members peace of mind.<br />
For example, many LMA members were recently served<br />
with a lawsuit that was filed in the 18th Judicial District<br />
by a former water system contractor. The number of<br />
defendants named in the suit is staggering, and the<br />
nature of the litigation gives rise to complex, technical,<br />
legal issues including venue, standing, capacity and more.<br />
Those members who participated in the indemnification<br />
programs offered by RMI will reap the benefits of that<br />
agreement and will be zealously defended.<br />
We also offer a recent example of a nearly decade-long<br />
litigation involving a wrongful termination claim. As<br />
the plaintiff switched counsel, causing delays in the<br />
movement of the case, and as the nuances of the case<br />
mandated substantial pretrial motions and hearings, RMI<br />
provided the continuity essential to see the case through<br />
to a successful result, while also absorbing the costs of<br />
that prolonged litigation.<br />
It cannot be overemphasized that the attorneys retained<br />
by RMI are specialists in municipal defense. Defending<br />
Louisiana’s municipalities against a broad scope of liability<br />
is not part of RMI’s legal indemnity’s focus – it is their<br />
sole focus. This empowers municipalities with powerful<br />
tools to avoid liability in the first place. It also provides the<br />
benefits of specialized knowledge regarding immunities<br />
and defenses.<br />
Apart from the liability coverage offered through RMI, the<br />
LMA often files amicus (or “friend of the court”) briefs<br />
in both state and federal courts on matters that have<br />
important consequences for Louisiana municipalities.<br />
Here are two recent examples where LMA members<br />
reaped the benefits of that representation:<br />
In HEAL v. APCOA, 2017-C-1061 (La. App. 4 Cir. 3/22/18),<br />
241 So.3d 535, the district court allowed the plaintiff to<br />
challenge the validity of municipal bonds decades after<br />
issuance - a holding that would have thrown the world<br />
of municipal bonds into complete chaos. The LMA filed<br />
an amicus brief arguing that bonds must be challenged<br />
within 30 days of issuance, which the appellate court<br />
agreed with, overturning the trial court’s decision.<br />
The LMA and RMI joined forces with other state leagues<br />
within the Fifth Circuit for the U.S.<br />
Court of Appeals to challenge the<br />
district court’s ruling through an<br />
amicus in Vann v. Southaven, 16-<br />
60561 (U.S. App. 5th Cir. 3/5/18), 884 F.3d 307. The trial<br />
court’s ruling would have significantly damaged the<br />
defense of qualified immunity available to municipal<br />
law enforcement, and by demonstrating the widespread<br />
effects of that bad ruling, the amici were essential in<br />
obtaining a reversal of that decision by the appellate<br />
court.<br />
Municipalities are tasked with managing so many aspects<br />
of our residents’ daily lives, so the potential for liability<br />
is unfortunately broad. You do not have to navigate<br />
municipal defense alone. We strongly suggest that you<br />
contact Risk Management, Inc. to discuss your liability<br />
needs and what they can do for you.<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>November</strong> 2018
Inside the LMA<br />
Hometown Happenings<br />
Greater Baton Rouge State Fair<br />
Oct 25 - Nov 8, Baton Rouge<br />
www.gbrsf.com<br />
Port Barre Cracklin Festival<br />
Nov 8-11 Port Barre<br />
www.cracklinfest.com<br />
State Fair of Louisiana<br />
Oct 25 - Nov 11, Shreveport<br />
www.statefairoflouisiana.com<br />
Louisiana Pecan Festival<br />
Nov 2-4, Colfax<br />
www.lapecanfest.com<br />
Louisiana Swine Festival<br />
Nov 2-4, Basile<br />
www.louisianaswinefestival.com<br />
Ponchatoula Antique Trade Days and Crafts Fair<br />
Nov 2-4, Ponchatoula<br />
www.ponchatoulachamber.com<br />
Giant Omelette Celebration<br />
Nov 3-4, Abbeville<br />
www.giantomelette.org<br />
River Parishes Fall Festival<br />
Nov 9-11, Norco<br />
Atchafalaya Basin Festival<br />
Nov 10, Henderson<br />
www.basinfestival.com<br />
Athens’ 2nd Annual Veterans Festival<br />
Nov 11, Athens<br />
Thibodauxville Fall Festival<br />
Nov 11, Thibodaux<br />
www.thibodauxchamber.com<br />
Geeks Along the River<br />
Nov 17, Monroe<br />
www.downtownrivermarket.com<br />
Fall Harvest Festival<br />
Nov 24, Dec 1 & 8, Grant<br />
www.grantchristmastreefarm.com<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 7
Page 8<br />
<strong>LMR</strong> | <strong>November</strong> 2018
Municipalities<br />
Attorney General’s Opinions<br />
BY JEFF LANDRY, ATTORNEY GENERAL<br />
Prohibited Donations<br />
Opinion: 18-0101 La. Const. art. VII, §<br />
14 does not prohibit the payment of<br />
any portion of premium by the City of<br />
Zachary or the participation by or for<br />
the spouse and/or dependents of a deceased employee in the<br />
City’s medical and hospitalization insurance program. Opinion<br />
Released: 9/10/2018<br />
Opinion: 18-0075 The 2001 transfer by the Town of Jonesboro<br />
to the Jackson Parish Police Jury of the 3.34 acre tract of land in<br />
the Jonesboro Industrial Park did not violate the provisions of<br />
Article VII, § 14 of the Louisiana Constitution. Opinion Released:<br />
10/9/2018<br />
Opinion: 18-0090 The Louisiana Rice Research Board may enter<br />
into an Endowment Agreement with the LSU Foundation in<br />
order to establish the Louisiana Rice Research Chair for Excellence<br />
in Rice Research at the LSU AgCenter as long as it has<br />
a demonstrable, objective, and reasonable expectation of<br />
receiving equivalent value in exchange for the expenditure of<br />
the endowment. In addition, the Board may execute an Endowment<br />
Agreement in order to facilitate establishing this position.<br />
Opinion Released: 10/8/2018<br />
Municipal Marshal<br />
Opinion: 18-0048 The City of Oakdale is primarily responsible for<br />
funding the operation and maintenance of the Marshal’s office.<br />
Both the City of Oakdale and the Marshal are required to contribute<br />
to the Marshal’s retirement. Opinion Released: 9/21/2018<br />
Opinion: 18-0078 If the Marshal of the City Court of Oakdale/<br />
Ward 5 of Allen Parish works at least 35 hours a week, is not a<br />
member and not eligible to be a member of another retirement<br />
system of the state or political subdivision that is funded in<br />
some way by public funds, the Marshal is eligible to participate<br />
in MERS. Opinion Released: 10/2/2018<br />
Chiefs of Police<br />
Opinion: 18-0058 The Chief of Police of the City of Oakdale has<br />
a right to make any expenditures and payments contained in<br />
the police department’s budget once funds are budgeted and<br />
appropriated by the Mayor and Board of Aldermen; the Chief of<br />
Police may hire a CPA to review the police department’s budget<br />
as long as such funds have been budgeted and appropriated for<br />
that purpose; the City’s Mayor, Board of Alderman, and Treasurer<br />
must account for the police department’s funds pursuant<br />
to local ordinances; and the City may include projected ticket<br />
revenue in its budget. Opinion Released: 9/18/2018<br />
Dual Officeholding<br />
Opinion: 18-0136 The provisions of the Dual Officeholding and<br />
Dual Employment Law do not prohibit a State Senator from<br />
serving as a member of the Board of Commissioners of the St.<br />
Mary Parish Hospital Service District No. 1. Opinion Released:<br />
9/26/2018<br />
Criminal Offenses<br />
Opinion: 18-0087 The City of Bogalusa may enact an ordinance<br />
with a criminal penalty as long as the enacted penalties do not<br />
exceed those set forth by state law. Opinion Released: 10/8/2018<br />
Condolences<br />
Linda Butler<br />
We extend our heartfelt condolences<br />
to Woodworth mayor, LMA Past<br />
President, RMI board member, and<br />
LaMATS board member David<br />
Butler. His loving wife Linda passed<br />
away unexpectedly on Wednesday,<br />
October 10. The Butlers had been<br />
married for 56 years.<br />
Linda Butler<br />
Please keep Mayor Butler and his<br />
family in your thoughts and prayers<br />
during this very difficult time.<br />
Together, the LMA family will be here to lend support in<br />
any way that we can.<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 9
The HR Community Awaits You!<br />
The inaugural October 1 st human<br />
resources seminar entitled, “Sharing<br />
HR Solutions,” demonstrated<br />
the need and demand for human<br />
resource and personnel specialists<br />
to interact with one another to<br />
share best practices, model policies<br />
and checklists, and learn about<br />
available resources and programs.<br />
The event was very well-attended<br />
and plans are already in the works<br />
for a free spring seminar, too.<br />
So how can you be part of an HR community that supports your needs and allows for the<br />
easy exchange of important information at no cost to you? The LMA has created an online<br />
community to fulfill these needs. To join this group, send an email to either Lisa Jones<br />
at ljones.lmahr@gmail.com, or Gary Watson at gwatsonds@gmail.com, and ask to be<br />
added to the community.<br />
This group is a member-driven initiative whose destiny is 100% controlled by you, the<br />
human resource manager. As this group grows and even more personnel specialists become<br />
engaged, the LMA stands ready to provide support for educational opportunities, regional<br />
meetings, publications, and more. Come see how this free community can make<br />
your job easier!!!<br />
One-Stop Debt Recovery<br />
At NO COST To Your City!<br />
DON’T LEAVE YOUR MUNICIPAL<br />
REVENUES IN ARREARS<br />
Collect unpaid utility bills, court<br />
fines, fees, bonds and other<br />
receivables with easy new<br />
process from LaMATS.<br />
LaMATS<br />
CALL (225) 344-5001<br />
WWW.LAMATS.NET/SERVICES<br />
Page 10<br />
<strong>LMR</strong> | <strong>November</strong> 2018
LPS Delivers the Goods<br />
in Procurement of Muncipal Trucks<br />
For many city jobs, only a truck will do. Municipalities everywhere<br />
rely on these workhorses for hauling personnel, materials<br />
and heavy equipment, often under difficult conditions.<br />
Yet even the toughest trucks break down and can need replacing<br />
unexpectedly. Locating and identifying vehicles for immediate<br />
purchase and delivery is a challenge. Available budget or suitable<br />
models may be hard to find. Ordering vehicles through State contract<br />
can involve months of waiting for delivery or the frustration<br />
of discovering certain vehicles are unavailable or have been discontinued.<br />
LaMATS Purchasing Services (LPS), which<br />
provides expert consulting and technical<br />
assistance to Louisiana local government,<br />
has had success this year securing<br />
quotes and bids on trucks available for<br />
immediate delivery that either weren’t<br />
on State contract or were no longer available:<br />
• On behalf of the Town of Oil City, LPS successfully located<br />
and received quotes on a Ford F-250 Pickup Truck 4WD for<br />
immediate delivery through the LPS GovQuote LaMATS Edition<br />
electronic platform.<br />
• For Grand Coteau, LPS bid, through reverse auction, a GMC<br />
Silverado 1500 Double Cab Pickup Truck available for immediate<br />
delivery. The reverse auction was conducted on<br />
the EASiBUY electronic platform through LPS’s e-Auction<br />
Services.<br />
A Word from<br />
Our Affiliates<br />
• Utilizing the GovQuote LaMATS Edition electronic platform,<br />
LPS received affordable quotes for a Ford F-250 Pickup<br />
Truck available for immediate delivery to the City of<br />
Carencro.<br />
In each case, the vehicles were purchased from licensed Louisiana<br />
dealerships that do not sell on State contract. Nonetheless,<br />
the prices paid were well below $30,000 and comparable or below<br />
the prices found on State contract. The key to success with<br />
LPS is its unique competitive process to identify and locate available<br />
vehicles at the lowest prices. Dealerships we engage are<br />
more than happy to compete to make a<br />
successful sale.<br />
This month, LPS will be securing a Ford<br />
F-550 Diesel Chassis capable of accepting<br />
a crane bed and boom for the City<br />
of Carencro. This hard-to-find vehicle<br />
was desperately needed after a purchase<br />
order filed through State contract fell<br />
through. LPS is confident we’ve identified a suitable F-550 or similar<br />
available for immediate and direct delivery to the crane manufacturer<br />
in Shreveport, Louisiana. Carencro will receive a very<br />
competitive price through the reverse auction process using the<br />
EASiBUY electronic platform.<br />
If securing the budget authority for a new truck proves more<br />
challenging than finding the vehicle itself, remember that vehicle<br />
purchases can be financed through lease-purchasing provided by<br />
LPS-partnered Government Capital Corporation (GCC), which can<br />
offer low monthly, quarterly or yearly<br />
payments with low interest rates.<br />
The next time your municipal fleet<br />
needs a new workhorse, call the procurement<br />
experts at LaMATS to find<br />
one fast! LaMATS Purchasing Services<br />
can be reached at (225) 344-5001 or<br />
via email at paul@lamats.net.<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 11
LAMSA Members Tour Old and New Capitols at<br />
Fall Conference in Baton Rouge<br />
By Marlaine Peachey, LAMSA Conference Coordinator<br />
The Louisiana Association of Municipal Secretaries<br />
and Assistants recently held their 29th annual Fall<br />
Conference at the Embassy Suites in Baton Rouge,<br />
September 12–14. The conference began with a tour<br />
of the Old and New State Capitols. Members were<br />
addressed by Senator Eric LaFleur in the Senate<br />
chambers. Everyone enjoyed learning about the history<br />
of our state as well as the many legislative positions,<br />
protocols and procedures that are necessary to operate<br />
our state government.<br />
On Thursday, LAMSA President Myra Streeter officially<br />
opened the conference and Mayor-President Sharon<br />
Weston Broome welcomed the 90 participants to<br />
Baton Rouge. President Streeter introduced the twelve<br />
conference sponsors and 20 first timers attending.<br />
Educational sessions followed, including Brett Robinson<br />
teaching mandatory ethics, Rick Conti on Safety in<br />
the Workplace, Debra Gould on Communication and<br />
Customer Service,<br />
Drew Maranto from<br />
Senator Cassidy’s<br />
Office providing an<br />
update on Senate<br />
matters, and Marlaine<br />
Peachey, who spoke<br />
on Conquering<br />
Your Fear of Public<br />
Speaking.<br />
During the midday<br />
luncheon, Roxanna<br />
Richard, Town of<br />
Gueydan; Mary Dianne<br />
Polk, Town of Welsh;<br />
Debbie Mouton, City of<br />
Central; and Kaneesha<br />
Bellow, Town of Welsh<br />
were awarded the<br />
prestigious honor of<br />
becoming Certified<br />
Municipal Assistants.<br />
Arnita Alexander of the<br />
City of Mandeville and<br />
Eselener McCoy, City<br />
of Monroe, received<br />
their re-certifications.<br />
After lunch, members<br />
enjoyed hearing<br />
from Cliff Palmer<br />
and Mary Joseph of<br />
LaMATS. LaMATS<br />
graciously sponsored<br />
scholarships for<br />
seven members to<br />
attend who were most<br />
grateful for the ability<br />
to continue toward<br />
their certifications and<br />
recertifications. Palmer,<br />
who has become<br />
one of LAMSA’s<br />
favorite speakers,<br />
communicated the<br />
benefits of LaMATS to<br />
our city governments,<br />
while Mary Joseph<br />
East Baton Rouge Parish Mayor-President<br />
Sharon Weston Broome<br />
Merlyna Valentine<br />
Page 12<br />
<strong>LMR</strong> | <strong>November</strong> 2018
A Word from<br />
Our Affiliates<br />
conveyed her<br />
experiences on a<br />
recent international<br />
mission trip.<br />
On Friday morning<br />
the conference began<br />
with our Mayor’s<br />
Panel. Members heard<br />
from Mayor Darnell<br />
Waites of Baker, Mayor<br />
Richard Lee of Port<br />
Allen, Mayor David<br />
Toups of Addis, Mayor<br />
Jimmy Watson of<br />
Walker and, standing President Myra Streeter presents<br />
in for Mayor-President Merlyna Valentine with a token of<br />
appreciation for her dynamic message.<br />
Sharon Weston<br />
Broome, was the CAO<br />
of East Baton Rouge Parish, Mr. Darryl Gissel. After a<br />
short break, LAMSA participants were truly inspired by<br />
the extraordinary life story of Mrs. Merlyna Valentine,<br />
who has been an educator for the past 30 years and has<br />
now dedicated her life to making a difference in the lives<br />
of others. She had been honored as Teacher of the Year,<br />
Principal of the Year and Louisiana Regional Principal<br />
of the Year, but on August 17, 2007, Ms. Valentine was<br />
faced with a medical tragedy that has changed her<br />
life forever. She survived and lives life now as a quad<br />
amputee. Merlyna has embraced this tragedy with an<br />
extremely positive attitude. She truly believes that this<br />
tragedy has allowed her to serve as an inspiration to<br />
all to never give up. She has found strength in knowing<br />
that ultimately her tragic story can motivate people to<br />
embrace change and live life to the fullest. In honor of<br />
her story of survival, courage, and hope, Ms. Valentine<br />
was featured in a segment on the Today Show and in an<br />
article in Ebony Magazine. We were blessed to have her<br />
with us, motivating everyone with such a strong message<br />
of encouragement.<br />
After dispensing with hospitality gifts, a scholarship<br />
drawing, evaluation forms and attendance certificates,<br />
President Streeter closed out the conference by<br />
reminding everyone that we would meet again in the<br />
spring in Lafayette.<br />
LAMSA’s mission is to provide a forum where networking<br />
can take place, to enhance professionalism, and to<br />
be an educational resource for its members. Since<br />
1989, LAMSA has offered its members scholarships,<br />
certification programs, and educational opportunities<br />
through their annual spring and fall training conferences<br />
throughout Louisiana. For more information, call<br />
Marlaine Peachey at 985-630-1798.<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 13
Rural Development<br />
USDA Rural Development Programs Strengthens Rural Communities<br />
By USDA Rural Development State Director Dr. Carrie Castille<br />
USDA Rural Development (RD) in Louisiana had a<br />
very successful Fiscal Year 2018. Our agency invested<br />
over $1 billion in loans, loan guarantees, and grants to<br />
increase economic opportunities, improve the quality of<br />
life in rural communities, and promote rural prosperity<br />
throughout the state.<br />
We could not do this alone. I thank you for your support<br />
and your partnerships. You are extremely valuable<br />
in our ability to carry out our mission. With over 40<br />
programs, we are here to help strengthen<br />
rural Louisiana and build thriving<br />
communities. RD investments support<br />
economic development, infrastructure<br />
improvements, homeownership, and<br />
essential community facilities and<br />
services in rural areas.<br />
RD invested more than $704 million,<br />
through the Single-Family Housing<br />
Programs, to help families buy or build<br />
new homes or make vital improvements<br />
to their existing homes. The Multi-<br />
Family Housing Program received over<br />
$70 million to help low income families,<br />
elderly, and disabled individuals, as well<br />
as farm laborers with affordable rental<br />
options and rental assistance. We also<br />
worked with developers and lenders to extend our reach<br />
by guaranteeing loans for affordable rental housing for<br />
low to moderate-income residents in rural communities.<br />
The Housing Preservation Grant Program assisted in the<br />
repair and rehabilitation of housing for very-low and<br />
low-income families in rural areas.<br />
Through the Business and Cooperative Programs,<br />
we invested $112 million to assist entrepreneurs with<br />
creating new or expanding existing businesses, creating<br />
jobs and enhancing economic prosperity in the process.<br />
We provided financial backing and technical assistance<br />
to stimulate business creation and growth.<br />
Through Community<br />
Programs, we invested<br />
$136.8 million through<br />
loans and grants to<br />
help rural residents and<br />
communities with much<br />
needed infrastructure<br />
improvements in small<br />
rural communities. Through the<br />
Water and Environmental Programs<br />
(WEP), we provided $94.8 million<br />
to help communities with technical<br />
Dr. Carrie Castille<br />
and financial help to construct,<br />
improve, repair, and maintain<br />
water and wastewater systems to provide safe drinking<br />
water and sanitary solid waste disposal. Through the<br />
Community Facilities Program, we provided $42 million<br />
to support constructing schools, hospitals, and provide<br />
funding for other equipment and essential services for<br />
public use in rural communities. These developments<br />
will help enhance the health and safety of those who live<br />
and work in rural areas and are especially critical given<br />
today’s aging infrastructure and lack of funding sources<br />
in rural towns.<br />
Our diverse portfolio also provided $1.475 million for<br />
funding Distance Learning, Telemedicine, and Broadband<br />
Programs. We work hard to connect households and<br />
businesses in rural areas without adequate access to<br />
broadband services. No town or household should be<br />
without broadband and internet connection.<br />
Our successes are many, and we have made a<br />
remarkable difference in rural and even urban<br />
communities. Moving forward, I assure you we<br />
will continue to help our rural communities with<br />
infrastructure investments, business needs, essential<br />
services, and affordable housing opportunities. Please<br />
contact me at carrie.castille@la.usda.gov or (318) 473-<br />
7921, to let us know how we can help.<br />
Page 14<br />
<strong>LMR</strong> | <strong>November</strong> 2018
Hundreds of Thornton, bills move Musso, through &Bellemin the<br />
legislative process each year, and many<br />
I approve this ad copy for use in the following issues:<br />
eventually become new laws. There’s<br />
LWR-R0018<br />
one new law in particular that deals<br />
with the Treasury and our Unclaimed<br />
Property Program, and I’m asking for<br />
your help to spread the word about it.<br />
Act 339 of the 2018 Regular Legislative<br />
Session allowed the State Treasury and<br />
the Louisiana Index Department Listings of Revenue<br />
to work together to return more money<br />
WATER TREATMENT CONSULTANTS<br />
to more Louisiana citizens. The new law<br />
helped us update the addresses we have on file and<br />
clear out a backlog of unclaimed property we have on<br />
the books.<br />
One of the main reasons items are turned over to the<br />
state as unclaimed property is because of incorrect or<br />
old addresses. Businesses from all over the country are<br />
required by law to report unclaimed property to us and<br />
provide us with the last known address of the owner.<br />
Sometimes, the address the company has on record is<br />
no longer correct.<br />
Most Louisiana residents are<br />
required by law to file state<br />
income tax returns each<br />
year with their most recent<br />
addresses. Act 339 permitted<br />
the Department of Revenue to<br />
share the current and correct<br />
W<br />
addresses of residents who file<br />
Designed<br />
Louisiana state tax returns with<br />
the Department of the Treasury.<br />
We cross-referenced our<br />
database of individuals who are<br />
owed unclaimed property with<br />
the Department of Revenue’s<br />
address information. We sent<br />
the Department of Revenue our<br />
list of names, and they gave us<br />
updated addresses. As a result,<br />
we were able to match 85,000<br />
individuals who are owed $15<br />
Treasury Notes<br />
Membership Directory<br />
2018 Roster Edition<br />
Official Publication of the<br />
Partner Insight<br />
Treasury Partners with Revenue Department to Pay $15 Million in<br />
Louisiana Rural Water Association<br />
Unclaimed Property Claims<br />
By State Treasurer John M. Schroder<br />
million in unclaimed property!<br />
Recipients on the list can expect an<br />
official check from the State Treasurer’s<br />
Authorized Signature:<br />
Office in the mail beginning in October<br />
and throughout<br />
Date:<br />
the months of <strong>November</strong><br />
and December. Refunds will range<br />
Artwork Contact:<br />
anywhere from $10 to $1,500. Each<br />
check will include the state seal and the<br />
Unclaimed Property Division’s address<br />
and website at the top of the check. The<br />
check stub contains a memo describing<br />
the Act 339 initiative.<br />
The Treasury hasn’t done a large unclaimed property<br />
check mail-out of this magnitude since the Unclaimed<br />
Property Division issued 165,000 “Refund the Tolls”<br />
checks several years ago. If you have any questions<br />
about this initiative or the unclaimed property<br />
program, call us toll-free at 1-888-925-4127. You can<br />
also search our website at www.latreasury.com for<br />
unclaimed property.<br />
Custom Water Treatment Programs<br />
Designed by Professionals Since 1990<br />
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FAX: (225)654-9533<br />
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Advertising Space<br />
Pub Code LWR-R00<br />
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S. Rep: Jason Zawada (C)<br />
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Tel:(800) 369-6220, (352<br />
Fax: (352) 331-3<br />
707693_Thornton.indd 1<br />
8/21/14 8:33 PM<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 15
Want to Attract Residents to your Downtown?<br />
Some Practical Tips from Personal Experience<br />
By Neil T. Erwin, Neil Erwin Law, LLC<br />
We all want our community’s<br />
downtown to thrive. Large or small,<br />
we treasure it as the “heart” of the<br />
municipality. We all also want to<br />
encourage more downtown residents<br />
because retail and service businesses<br />
follow residential growth. So how do<br />
we attract those residents?<br />
While New Orleans has hosted<br />
Neil T. Erwin<br />
downtown residents forever and Baton Rouge is<br />
seeing significant residential investment in its core,<br />
Shreveport (where my office is located) is fairly new<br />
to the downtown residential game but is becoming a<br />
player with growing enthusiasm. Bossier City’s newly<br />
redeveloped downtown is on the rise. It now sports a<br />
complete street with a completely protected bike lane<br />
in front of new businesses like the former fire station<br />
that has transformed into a microbrewery and pizza<br />
restaurant.<br />
Here are a few practical tips on what attracts residents<br />
downtown. This comes from the personal experience<br />
my wife and I, empty-nesters, have had over the past six<br />
months of living at least three, and often four, nights a<br />
week (we’ve kept our residence for now) in an apartment<br />
we have rented in the same downtown Shreveport office<br />
building as my law office. We’ve found, like most people,<br />
that while downtowns often are a pain to drive into, once<br />
parked you can enjoy all the advantages of walkability. I<br />
suggest your downtown should offer residents:<br />
A safe Downtown neighborhood<br />
It is not surprising that downtowns often are one of the<br />
lowest crime areas of a municipality. More people on<br />
the sidewalks and more eyes on the street, in the more<br />
densely developed municipal core, automatically reduce<br />
crime. But it helps for a few regular police patrols to<br />
swing through, especially at night.<br />
A fairly easy place to park off the street<br />
The argument is made that on-street parking is sufficient<br />
for downtown apartments. I respectfully beg to differ<br />
since it doesn’t eliminate all concerns about car break-ins<br />
or damage overnight. Consider building a safe, centrally<br />
located municipal owned parking lot that helps invite<br />
people downtown for a variety of activities. New Iberia<br />
has done this well.<br />
Creative adaptive use of existing buildings to create<br />
new residential spaces<br />
The fact that the owner of our office building, One Texas<br />
Centre, was willing to let us be guinea pigs in testing the<br />
conversion of upstairs office space to apartment living,<br />
shows that creative flexibility in adaptive use really can<br />
work. It does mean that our building (a converted J. C.<br />
Penney store, see 1953 photo) requires a little “urban<br />
pioneering” for residential use, but it’s getting there. The<br />
addition of a bike rack will be next to encourage rides<br />
down to the nearby riverfront bike and running path.<br />
A place to buy milk<br />
A dollar store works fine for basics. Farmers Markets<br />
add even more.<br />
Fun destinations within walking distance<br />
A coffee shop. A café. Hopefully a concert or cultural<br />
event venue (or two). Shreveport’s Robinson Film<br />
Center combines a restaurant and an art house movie<br />
theater downtown, which is pretty ideal. Consider<br />
that Grand Cane (pop. 244) has proudly built up its<br />
Downtown Back Alley Theatre that plays community<br />
productions to full houses. Downtown festivals, like<br />
Ruston’s Peach Festival and so many others around the<br />
Page 16<br />
<strong>LMR</strong> | <strong>November</strong> 2018
Partner Insight<br />
state, boost Louisiana’s branding as a place to<br />
have an inclusive good time.<br />
An interesting building or two to clean up and<br />
discover their history<br />
Here’s our apartment’s view each morning across<br />
the street from the historic Shreve Memorial<br />
Library (from 1912 – 1974, the former U. S.<br />
Courthouse).<br />
Downtown manager<br />
Someone in municipal government needs to<br />
be placed in charge of downtown to promote<br />
development and handle public relations.<br />
I hope even more of your citizens (including new ones)<br />
get to enjoy the recommended experience of downtown<br />
living as a new, and often invigorating, way to get in<br />
touch with your town.<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 17
What Can LMA Do for You?<br />
The Louisiana Municipal Association is a unified voice for<br />
Louisiana’s municipal governments. Our mission is to educate,<br />
advocate, and empower progressive, effective leadership in a<br />
united network of municipalities.<br />
Every incorporated municipality benefits from the representation<br />
of the Association. Today, there are 305 LMA members<br />
con-sisting of 127 villages, 111 towns, 65 cities, and 2 parishes.<br />
Each local government belongs to one of the 10 LMA Districts<br />
(A-J).<br />
Since our inception in 1926, the Association continues to<br />
promote local governments by shaping legislation, providing<br />
education on municipal issues, and exchanging ideas and<br />
experiences among elected official leaders throughout the state.<br />
The voice of municipal government cannot be overlooked at the<br />
State Capitol. The Association’s success is contingent upon the<br />
support and engagement of the LMA membership.<br />
What We Believe<br />
Municipalities have traditionally served as centers of social,<br />
cultural, and recreational life. Much of Louisiana’s commercial<br />
activity also takes place within incorporated areas. Effective municipal<br />
governing is not without its challenges, but we believe<br />
that problems are best resolved at the local level of government<br />
and every day we fight to preserve and enhance the ability of<br />
Louisiana municipalities to resolve those local problems and<br />
provide needed and desired services to our citizens.<br />
Member Benefits<br />
There is a famous tagline from an old credit card commercial<br />
that says, “membership has its privileges.” Just as that advertisement<br />
made it clear that the credit card would grant uncommon<br />
access for its cardholders, LMA holds uncommon access to advocacy,<br />
education, and empowerment for our members. Those<br />
membership “privileges” include, but are not limited to:<br />
• Municipal representation on legislative issues at state and<br />
federal levels.<br />
• Educational training on municipal matters, such as the Community<br />
Leadership Training Webinar Series and LMA Grant<br />
Writing for Municipalities Webinar Series.<br />
• Key publications and guides, such as Louisiana Municipal<br />
Review, LMA Grant Newsletter, Handbook for Municipal<br />
Officials, New Mayors’ Emergency Management Guide,<br />
Legislative Reports, and Louisiana Municipal Association<br />
Municipal Directory.<br />
• Municipal research data, such as Survey Navigator Wage and<br />
Benefits and Franchise Fee Survey.<br />
• LMA educational and networking events, such as LMA’s 10<br />
District Meetings, Municipal Day, Mid-Winter Conference,<br />
and Annual Convention.<br />
• Affiliate educational events, such as Louisiana City Attorney’s<br />
Association (LCAA), Louisiana Recreation and Park Association<br />
(LRPA), Louisiana Municipal Clerks Institute (LCMI),<br />
and Building Officials Association of Louisiana (BOAL) spring<br />
and fall conferences.<br />
• Programs and services offered by LMA’s subsidiaries and<br />
partners, such as Risk Management, Inc. (RMI), LA Municipal<br />
Gas Authority (LMGA), LA Municipal Association of<br />
Unemployment Compensation (LMA-UEC), LA Community<br />
Development Authority (LCDA), and LA Municipal Advisory<br />
and Technical Services Bureau (LaMATS).<br />
• Technical Assistance programs and hands-on training from<br />
LMA staff members who travel the state to meet with<br />
officials to assist and educate on the operation of municipal<br />
governments.<br />
LMA Advocates<br />
Louisiana’s state government has historically operated according<br />
to an inconsistent theory of the proper relationship of the government<br />
to municipal governments. The state has on the one<br />
hand, frequently exerted significant control of municipal affairs<br />
according to the premise that “municipalities are creatures of the<br />
state” and that as such, municipalities have only those powers<br />
and privileges which have been delegated to them. We see this<br />
through the Lawrason Act and legislative charter forms of government.<br />
On the other hand, the state government has histor-<br />
Page 18<br />
<strong>LMR</strong> | <strong>November</strong> 2018
Feature<br />
LMA Executive Director John Gallagher talks to Governor John Bel Edwards about local issues.<br />
ically pushed down a significant level of financial responsibility<br />
to its municipalities and other political subdivisions. Therefore,<br />
the state has reserved to itself the authority to regulate and intervene<br />
in municipal affairs, but has not borne the responsibility<br />
for providing adequate financial support or technical assistance<br />
to its municipalities.<br />
This inconsistent policy of state-municipal relations could<br />
benefit by the concept of home rule, in which the citizens of a<br />
municipality define and regulate its powers and duties. Municipalities<br />
have the ability to begin down the road of home rule<br />
by adopting the home rule charter form of government. We<br />
currently have about 25 municipalities of various sizes operating<br />
under such a charter form of government. Those municipalities<br />
wishing to exert more control of their paths can do so by taking<br />
advantage of home rule.<br />
Louisiana’s municipalities have generally been unable to generate<br />
an adequate amount of revenue from locally-levied taxes<br />
and fees because of tax exemptions and exclusions and statutory<br />
constraints imposed by the state. For example, the state limits<br />
the percentage of sales tax that a municipality may impose, even<br />
though municipal taxes may only be levied after an affirmative<br />
vote of the people. Municipalities must then seek legislative<br />
permission to levy their own taxes that exceed the threshold. So<br />
under the current system, municipalities are forced to receive<br />
financial assistance from the federal and state government, especially<br />
in the funding of K-12 education, which represents the<br />
vast majority of state funding of local governments.<br />
Based on the limited municipal tax base, if the federal government<br />
reduces its role in the fiscal support of local governments,<br />
the state government must increase its financial support of municipal<br />
governments. If the state is unable to provide this support,<br />
it should grant, through proper legislation, the opportunity<br />
for local governments to raise revenues for their own needs.<br />
As a direct result of the advocacy work by the LMA and the<br />
Police Jury Association of Louisiana (PJAL), for the first time in<br />
a few years, the LGAP (Local Government Assistance Program)<br />
and CWEF (Community Water Enrichment Fund) programs have<br />
been funded at $5 million each for FY19. Towns like Jonesboro<br />
who have been awarded Delta<br />
Regional Authority (DRA) grants<br />
for water system improvement,<br />
can now couple that with LGAP<br />
and CWEF funds that enable them<br />
to make critical infrastructure<br />
improvements.<br />
In 2018, the LMA Legislative Team<br />
endured four different legislative<br />
sessions over a four-month<br />
period. Through diligence, hard<br />
work, and partnerships with other<br />
local government stakeholders,<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 19
Mayor James Bradford shows off Jonesboro’s latest piece of infrastructure.<br />
the team was able to successfully defeat adverse legislation and<br />
promote the passage of beneficial bills. Though the 2018 Regular<br />
Session was an overall success for LMA members, and despite<br />
aggressive opposition, SB 462, a preemptive measure that<br />
would have abolished the existing right of local governments<br />
to provide inclusionary zoning requirements in community development<br />
projects, passed and was sent to Governor Edwards<br />
for consideration. Because of the relationships that LMA has<br />
forged at the capitol, the Governor heard us and vetoed the<br />
bill with a one year “grace period” for locals to put inclusionary<br />
zoning to use. Since then, the New Orleans Office of Community<br />
and Economic Development has been working on behalf of<br />
the Mayor’s Office to study the feasibility and implementation<br />
of an inclusionary zoning policy to increase affordable housing<br />
in the city. They are aware of both the urgent need for more<br />
affordable housing in the community and the “grace period” that<br />
Governor Edwards has set. They are taking steps to analyze New<br />
Orleans’ market and identify the right mix of tools and financial<br />
incentives the city can leverage to support affordable housing<br />
without stifling development. Separately, the City Council has<br />
adopted a motion directing the City Planning Commission<br />
to consider a text amendment to the Comprehensive Zoning<br />
Ordinance (CZO) related to inclusionary zoning. They anticipate<br />
having a framework for an inclusionary zoning policy by the end<br />
of Q1 of 2019 ahead of the legislative session.<br />
These are just a couple of examples of the collective impact we<br />
make when our voices are heard at the capitol. From the smallest<br />
village to the largest city, everyone is impacted by decisions<br />
made in the legislature and LMA is right there, at the State Capitol<br />
and on Capitol Hill, fighting on behalf of our members.<br />
LMA Educates<br />
Nelson Mandela said, “Education<br />
is the most powerful weapon<br />
which you can use to change the<br />
world.” The LMA understands that<br />
municipal officials and employees<br />
who are well-informed on<br />
the law and best practices across<br />
the broad spectrum of municipal<br />
responsibilities will provide outstanding<br />
leadership and service<br />
to Louisiana citizens. Between<br />
our major training events such as<br />
conferences and district meetings,<br />
we are always working to<br />
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<strong>LMR</strong> | <strong>November</strong> 2018
Feature<br />
build meaningful training through webinars, affiliate conferences,<br />
and local government partner events. We also take<br />
on challenges such as disaster recovery and transportation/<br />
infrastructure issues through special meetings and summits.<br />
Through weekly electronic newsletters, our monthly magazine,<br />
social media platforms, and online databases, the LMA<br />
strives to provide every opportunity for members to find the<br />
information essential to the outstanding performance they<br />
desire.<br />
The Annual Convention is the most comprehensive and<br />
intensive educational setting. Mayor Johnny Natt was able to<br />
provide a direct benefit to the Town of Mangham as a result<br />
of one of the valuable education workshops that he attended<br />
during convention. “The Mosquito Abatement workshop was<br />
very good,” said Natt. “It provided valuable information on<br />
when is the best time to spray for<br />
mosquitoes as well as information<br />
on the different types and sizes of<br />
equipment. There is so much you<br />
need to know about the danger of<br />
mosquitoes and controlling their<br />
population in our communities. I<br />
also learned some things the town<br />
can do as well as the residents. LMA<br />
needs to have this workshop again.”<br />
LMA Immediate Past President<br />
and mayor of DeQuincy, Lawrence<br />
Henagan, describes the conventions<br />
as, “chock full of opportunities to<br />
network, collaborate, and expand<br />
your knowledge of best practices.”<br />
When emphasizing the value of the<br />
conventions, Henagan is quick to<br />
point out the educational sessions,<br />
especially for the newly elected.<br />
LMA Empowers<br />
LMA’s subsidiaries and technical assistance programs empower<br />
our members with tools and resources that make for more<br />
efficient and resourceful municipal government. The impact that<br />
these entities make every day is tangible.<br />
ASSISTANCE<br />
Computer Information and Technical Assistance Program (CITAP)<br />
–The LMA acknowledges that some of our members have no, or<br />
at best, severely limited technology assets including computers,<br />
municipality-specific software programs, web sites, and internet<br />
access. This program, managed through the LMA IT Department,<br />
was designed to help municipalities with the greatest<br />
need acquire computer hardware and software, and internet<br />
access. CITAP has a goal of creating a state-wide computer<br />
The Town of Sarepta benefitted from the CITAP program (pictured: Mayor Peggy Atkins, LMA<br />
Board Member)<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 21
network whereby every municipality would have, among other<br />
things, equal and unlimited access to the internet, user-friendly<br />
website development tools, and easier access to LMA, state,<br />
federal, and foundation programs and assistance. CITAP also<br />
assists mid- to large-size municipalities by serving as a clearinghouse<br />
and technical advisor on more advanced e-government<br />
applications.<br />
Mentoring Program - As part of the LMA’s continued commitment<br />
of service to our members, this program was introduced<br />
to partner experienced elected officials with newly-elected officials<br />
in an effort to support new officials. Newly-elected officials<br />
benefit from the peer-to-peer interaction of this program.<br />
Mentees find a mentor to provide guidance through their new<br />
professional challenges. The mentors help to develop the next<br />
generation of future municipal leaders.<br />
Municipal Codes Online – Some of the most profound challenges<br />
can be addressed by knowing what other communities<br />
have done in in the same situation. Municode provides<br />
municipal governments codes online from local governments<br />
in the state of Louisiana as well as across the nation. The LMA<br />
is proud to offer its membership this service with Municode<br />
where members will receive the benefit of having hundreds of<br />
sample ordinances to review.<br />
Technical Assistance Program – The LMA maintains an “open<br />
door” policy where members are encouraged to contact us<br />
with any questions they have about municipal operations<br />
and governance. We answer around 2,200 calls and emails<br />
requesting technical assistance per year. We also travel around<br />
the state on an as-requested basis to provide on-site technical<br />
training to our members. And, true to our philosophy, our<br />
door is always open to visitors to drop by the LMA building to<br />
chat about any pressing issues.<br />
LMA Legal Department – The LMA Legal Department’s primary<br />
function is to provide legal services in a variety of liability<br />
areas for our member municipalities. The Legal Department<br />
handles all aspects of the cases assigned, including preliminary<br />
litigation matters, alternative dispute resolution, trial, and any<br />
appellate work in both federal and state courts. The cases are<br />
assigned to the Legal Department by the fund’s third-party<br />
administrator, Risk Management, Inc. The LMA’s Legal Department<br />
currently consists of one senior defense counsel and one<br />
defense counsel, who have a combined 35 years of litigation<br />
experience, along with one paralegal, one administrative assistant,<br />
and two law clerks.<br />
SUBSIDIARIES<br />
Risk Management, Inc (RMI) - RMI is a wholly-owned subsidiary<br />
of the Louisiana Municipal Association. The organization<br />
became fully operational on January 1, 1987 and functions as<br />
the service agent for the LMA inter-local risk pools. The primary<br />
purpose of RMI is to effectively market and administer the<br />
self-funded indemnity programs, which have been developed<br />
Page 22<br />
to serve the municipalities of Louisiana, and to assist in the<br />
development of new programs to meet the needs of municipal<br />
government. To date, 64% of Louisiana municipalities have<br />
some type of indemnification coverage through RMI. RMI also<br />
manages Unemployment Compensation and Workers Compensation.<br />
Louisiana Municipal Advisory and Technical Services Bureau<br />
(LaMATS) – The mission of this wholly-owned subsidiary of the<br />
LMA is to bring economical and efficient services that assist the<br />
LMA membership with their day-to-day operations. LaMATS<br />
offers two collection programs including the Insurance Premium<br />
Tax Collection Program and the Occupational License Tax<br />
Collection Program.<br />
LaMATS also offers the LaMATS Delinquent Property Tax Sale<br />
Program. This innovative program takes the worry, work, and<br />
liability off of the municipality by providing a comprehensive<br />
delinquent tax collection plan at no cost to the municipality.<br />
By participating in this program, you will reap the benefits of<br />
collecting your delinquent property taxes so you can finance<br />
your municipal operations.<br />
Services like LaMATS Purchasing Services (LPS) have helped<br />
towns such as Ville Platte, Oil City, Grand Coteau, Carencro, and<br />
more locate and receive quotes on highly-sought-after trucks<br />
and equipment.<br />
In July 2018, more than seventy new officers, forty patrol cars,<br />
and twenty unmarked units rolled out across New Iberia. Helping<br />
ready the new patrol vehicles for action, LPS contracted<br />
with a Lafayette based company to supply dozens of essential<br />
safety items such as lights, sirens, alarms and steel window<br />
guards. Additionally, LPS posted a regional request for quotes<br />
on police gear, confirming that local suppliers could provide<br />
competitive prices on most everything the new department<br />
would need.<br />
PARTNERS<br />
Louisiana Municipal Gas<br />
Authority (LMGA) - LMGA<br />
is a political subdivision<br />
created by the State Legislature<br />
in 1987. Funding<br />
for the LMGA’s activities<br />
is derived solely from<br />
fees paid by its members<br />
who control its activities.<br />
Additionally, the LMA<br />
provides support services<br />
to the LMGA through accounting, operational management,<br />
and as-needed legal guidance. The LMGA was created for the<br />
purpose of developing, arranging, and promoting adequate,<br />
dependable, and economical supplies of natural gas for the<br />
public good. While the organization’s stability is key to its<br />
success, the LMGA continues to explore innovative avenues to<br />
SEE LMA, PAGE 24<br />
<strong>LMR</strong> | <strong>November</strong> 2018
Feature<br />
LMA BOARD POSITIONS ON<br />
CONSTITUTIONAL AMENDMENTS<br />
<strong>November</strong> 6, 2018 Election<br />
AMENDMENT NO. 1 (ACT 719) – Felons Holding Public Office – No Position<br />
Do you support an amendment to prohibit a convicted felon from seeking or holding public office or appointment<br />
within five years of completion of his sentence unless he is pardoned? (Adds Article I, Section<br />
10.1)<br />
AMENDMENT NO. 2 (ACT 722) – Unanimous Jury Verdicts – No Position<br />
Do you support an amendment to require a unanimous jury verdict in all noncapital felony cases<br />
for offenses that are committed on or after January 1, 2019? (Amends Article I, Section 17(A))<br />
AMENDMENT NO. 3 (ACT 717) – Donation of Public Equipment - SUPPORT<br />
Do you support an amendment to permit, pursuant to written agreement, the donation of the use<br />
of public equipment and personnel by a political subdivision upon request to another political<br />
subdivision for an activity or function which the requesting political subdivision is authorized to<br />
exercise? (Amends Const. Art. VII, §14(B))<br />
AMENDMENT NO. 4 (ACT 720) – Transportation Trust Fund – No Position<br />
Do you support an amendment to remove authority to appropriate or dedicate monies in the Transportation<br />
Trust Fund to state police for traffic control purposes? (Amends Article VII, Section 27(B)(1))<br />
AMENDMENT NO. 5 (ACT 721) – Special Tax Treatment Extended to Property In Trust - SUPPORT<br />
Do you support an amendment to extend eligibility for the following special property tax treatments<br />
to property in trust: the special assessment level for property tax valuation, the property tax<br />
exemption for property of a disabled veteran, and the property tax exemption for the surviving<br />
spouse of a person who died while performing their duties as a first responder, active duty member<br />
of the military, or law enforcement or fire protection officer? 2 (Adds Article VII, Sections 18(G)(6),<br />
21(K)(4) and (M)(4))<br />
AMENDMENT NO. 6 (ACT 718) – Phase-In of Property Tax Increases of 50% or More – No Position<br />
Do you support an amendment that will require that any reappraisal of the value of residential<br />
property by more than 50%, resulting in a corresponding increase in property taxes, be phased-in<br />
over the course of four years during which time no additional reappraisal can occur and that the<br />
decrease in the total ad valorem tax collected as a result of the phase-in of assessed valuation be<br />
absorbed by the taxing authority and not allocated to the other taxpayers? (Amends Article VII,<br />
Section 18(A) and (F))<br />
<strong>LMR</strong> | <strong>November</strong> 2018 Page 23
CONTINUED FROM PAGE 22: LMA<br />
provide excellent products at affordable prices.<br />
Louisiana Community Development Authority (LCDA) - LCDA is<br />
a group of local governments created for the purpose of assisting<br />
local governments with their financial needs. Because the<br />
authority is controlled by municipal government leaders, it can<br />
serve as a much-needed “one-stop shop” for local governments<br />
to obtain financial information and services.<br />
Louisiana Municipal Association Unemployment Compensation<br />
Program (LMA-UEC) – The LMA-UEC program was inaugurated<br />
in 1979 for the sole purpose of saving municipalities<br />
money on payments of unemployment compensation claims<br />
and/or taxes. Reliable and efficient management makes this a<br />
great option for municipalities.<br />
Over the past 92 years, LMA has remained committed to<br />
advocacy, education, and empowerment and our goal is to<br />
continually evolve and elevate our service levels to meet the<br />
needs of our members. We want to increase engagement by<br />
our members and ensure that our resources reach even more<br />
Louisiana villages, towns, and cities.<br />
What can LMA do for you? We can ADVOCATE at the state<br />
and federal level on your behalf. We can EDUCATE elected<br />
and municipal officials on changes in laws, best practices, and<br />
resources available to your municipality. We can EMPOWER<br />
each member to provide the highest levels of service to their<br />
constituents through utilizing the expertise within our subsidiaries<br />
and affiliates.<br />
PRESORT<br />
STANDARD<br />
U.S. POSTAGE<br />
PAID<br />
BATON ROUGE, LA<br />
PERMIT #319<br />
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<strong>LMR</strong> | <strong>November</strong> 2018