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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 />

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WASTE<br />

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ATER<br />

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FAX: (225)654-9533<br />

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Advertising Space<br />

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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 />

Page 20<br />

<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 />

Page 24<br />

<strong>LMR</strong> | <strong>November</strong> 2018

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