LMR JUNE 2020

Louisiana Municipal Review
PUBLISHED BY THE LOUISIANA MUNICIPAL ASSOCIATION
VOL 85, NO. 6
JUNE 2020

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The Louisiana Municipal Review, the official publication of the Louisiana Municipal Association, serves as a medium for the exchange
of ideas and information for municipal officials in Louisiana. With a circulation of over 3,200, this publication is read by employees of
Louisiana municipal governments, sheriffs, parish presidents, state government officials, and members of the state legislature and
Congressional delegation, among others. Subscription rate: $24 per year; Single copy: $2. Louisiana residents, add 9% sales tax. Rates
for display, professional-listing, and classified advertising available upon request at editor@lma.org.
Statements or expressions of opinions appearing herein are those of the authors and not necessarily those of the Louisiana Municipal
Association. Publication of any advertisement shall not be considered an endorsement of the product or service involved. No material
from this publication may be reprinted without the express permission of the editor.
Editorial offices: Louisiana Municipal Association, 700 North 10th Street, Suite 400, Post Office Box 4327, Baton Rouge, LA 70821-
4327, editor@lma.org, www.lma.org, (225) 344-5001, (800) 234-8274, FAX (225) 344-3057.
MUNICIPAL REVIEW STAFF
Executive Director: John Gallagher jgallagher@lma.org
Managing Editor: Karen Day White kwhite@lma.org
Editor: Anita Tillman atillman@lma.org
Production Coordinator: Baton Rouge Press, Inc.
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2019-20 LMA EXECUTIVE BOARD (non-affiliate, non-advisory)
President – Jimmy Williams – Mayor, Sibley
District J Vice President – Rodney Grogan, Mayor, Patterson
First Vice President – Michael Chauffe – Mayor, Grosse Tete LMA Past President – Barney Arceneaux, Mayor, Gonzales
Second Vice President– Jennifer Vidrine – Mayor, Ville Platte LMA Past President – Glenn Brasseaux, Mayor, Carencro
Immediate Past President – Harry Lewis – Mayor, Rayville
LMA Past President – David Butler, Mayor, Woodworth
District A Vice President – Peggy Adkins, Mayor, Sarepta
LMA Past President – David Camardelle, Mayor, Grand Isle
District B Vice President – Ronny Walker, Mayor, Ruston
LMA Past President – Clarence Fields, Mayor, Pineville
District C Vice President – Adam Holland, Mayor, Oak Grove
LMA Past President – Norman Heine, Councilman, Baker
District D Vice President – Rick Allen, Mayor, Leesville
Vice President-at-Large - Mark Piazza, Mayor, Abbeville
District E Vice President – Nathan Martin, Councilman, Pineville Vice President-at-Large - Darnell Waites, Mayor, Baker
District F Vice President – Charles James, Mayor, Sunset
Vice President (<1K) - Kevin Colligan, Mayor, Cankton
District G Vice President – Kenneth Stinson, Mayor, Vinton
Vice President (1K – 2.5K) – Johnny Natt, Mayor, Mangham
District H Vice President – David Toups, Mayor, Addis
Vice President (2.5K – 5K) – Robert Hardey, Mayor, Westlake
District I Vice President – Donald Villere, Mayor, Mandeville
Page 2
LMR | JUNE 2020

Inside the LMA
Director’s Viewpoint
MUNICIPAL OFFICIALS ARE CLOSEST TO THE PEOPLE
BY JOHN GALLAGHER, EXECUTIVE DIRECTOR
I hope you are staying safe and
healthy as we continue to face the
COVID-19 pandemic. It appears
that our state continues to
improve following the movement
into Phase 2 of the state’s reopening. This means that
many of our state’s restaurants will be open at 50
percent capacity, retail stores will resume transacting
business, and more. Because the Coronavirus is still
a threat and there are new cases every week (though
at a lower rate), we ask that you continue to take the
necessary precautions to protect yourself and others.
In the last weeks, we have witnessed protests not only
around the country, but throughout the world, as a
reaction to the law enforcement actions that caused
the disturbing death of Mr. George Floyd. In Louisiana,
these protests have been largely peaceful. Yet, they
are a painful reminder of the turbulent summer of 2016
in Baton Rouge, when our struggles with race relations
and related law enforcement actions were at the center
of the nation’s attention. We advocate that municipal
officials are the closest to the people and it’s true.
Especially during times of crisis, you have great power
and responsibility, and those who entrusted you to
serve are looking to you for leadership and guidance.
The LMA also has a responsibility to assist our
elected officials in difficult times and do our best
to provide you with the best tools for success. We
continue to share the National League of Cities’
resources, such as disseminating information in our
e-newsletters and including in this issue the NLC
guide titled, “Responding to Racial Tension in Your
City: A Municipal Action Guide.” We will continue
our dialogue with the NLC, municipal leagues
throughout the country, and other Louisiana local
government associations, regarding diversity and the
implementation of meaningful policies to combat
pervasive racial inequities in governance.
Normally, we would gather for our annual LMA district
meetings in June, but the adverse effects of the
pandemic demanded their cancellation, along with our
annual convention. While we cannot enjoy in-person
events this summer, we still want to make every effort
to engage our membership and provide a sense of
continuity and normalcy. I am pleased to announce we
will soon provide details on the 2020 LMA Community
Achievement Awards. This event is the culmination
of hard work and
innovative projects from
our membership and
it is always a highlight
of our annual banquet.
This year, the award
ceremony will be no
exception. You can
expect a red-carpet
event, so stay tuned for
more information.
Thank you for everything you have done on the
frontlines to keep your municipalities safe during
these unprecedented times. Please continue to submit
your applications to the Division of Administration for
CARES Act funding to reimburse your municipality
for COVID-19-related expenses. Documentation of
expenses is critical not just under the current rules
of CARES Act reimbursement, but also for future
modifications to those rules or alternative federal
funding assistance. We continue to work closely with
Senator Bill Cassidy and Senator John Kennedy on
their legislative efforts to open CARES Act funding
for revenue replacement. Many of our municipalities
have experienced drastically decreased sales tax and
other revenues, creating a strain on their budgets,
and sometimes forcing them to furlough or lay-off
employees at a time when we need them the most.
I urge you to continue engaging our congressional
delegation to provide funds for revenue replacement.
We are honored to be your resource on these matters,
so please contact us with any questions or concerns on
these or any other issues.
LMR | JUNE 2020 Page 3

President’s Message
PANDEMICS, POLITICS, AND PREPAREDNESS
BY MAYOR JIMMY WILLIAMS, TOWN OF SIBLEY
This time last year I was touring the
state going to district meetings with
my board colleagues and LMA staff.
None of us could have imagined that
Thornton, today Musso, would &Bellemin be a reality, but here
we are with our 2020 district meetings cancelled, annual
convention cancelled, I approve this fighting ad copy a for pandemic, use in the following watching issues: protests
take place all over the world, fighting for local funding at the
State Capitol and on Capitol Hill, and weathering a direct hit
from an early June tropical storm. If there was ever a time to
show up as local leaders, the time is now. In a world where
the people and the planet have become so volatile, municipal
officials must be the calm in the midst of the storms.
Louisiana has made Index Listings remarkable progress in slowing down the
spread of COVID-19 and that is largely due to local efforts to
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flatten the curve. Our communities recognized that we have
very vulnerable populations and responded by minimizing
contact so that we could preserve the life and health of our
family members and neighbors. The approach of summer
and the slowing spread may give us a bit of breathing room,
but we can not afford to let our guards down. As we ease
into Phase 2, we must continue to wear masks, practice
social distancing, hand washing, testing, contact tracing, and
temperature checks to ensure that we minimize the possibility
of a spike or another full blown outbreak. If you need
assistance with sourcing PPE, contact
Paul Holmes at LaMATS Purchasing
Services (LPS). They are doing a great
job connecting with vendors that
have stock on hand at reasonable
prices.
As you know, the public health
emergency caused the Legislature to
recess for several weeks in the middle
of the Regular Session. Because
they were unable to pass a budget,
they adjourned and immediately
gaveled into a Special Session. LMA’s
legislative team has been there every
step of the way to make sure that our
voices are heard on issues that are
critical to us. In this issue of the LMR,
there is a detailed recap of bills and
actions that are of concern to local
government. Thank you for always
responding when a Call to Action
is put out. Our voices are critical,
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especially now that there is so much uncertainty around the
financial future of local governments.
June 1 kicked off hurricane season and just eight days into
the season we took a direct hit from Tropical Storm Cristobal.
Thankfully, there weren’t high, sustained winds and the
damage was limited to localized flooding, downed trees and
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power lines, but I can’t stress enough that we all need to be
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prepared for what the rest of the season might bring. If you
need to develop a COOP Plan, put pre-disaster contracts in
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place, or need help with FEMA reimbursements and tracking
expenses, the LMA staff has Artwork expertise Contact: at your disposal, so
don’t hesitate to reach out and ask for assistance.
Louisiana is a state like no other and our rich cultural history
is what makes us unique. Our Native American, African,
Acadian, French, and Spanish roots have drawn the world to
us, but we also recognize that Louisiana’s laws and practices
have not always valued every citizen equally. It’s up to us
as local leaders to ensure that we have turned that page in
history. We cannot allow diversity, inclusion, equal access and
equal justice to just be buzz words. They have to be as much a
part of the culture of our cities, towns, and villages as jazz and
gumbo. We all have a part to play and it is my prayer that we
will look back a year from now with pride that Louisiana was
not only able to weather the storms, but we turned the tide
and became an example for the world to follow.
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LMR | JUNE 2020
8/21/14 8:33 PM

Louisiana following White House plan for
Opening Up America Again
Gov. John Bel Edwards signed the
order moving Louisiana to Phase
Two of the White House plan for
reopening, while cautioning
members of the public and
businesses to continue to
take mitigation measures, like
wearing masks when in public,
to prevent the further spread of
COVID-19 as more people will be
interacting with each other.
“I continue to be very proud of the work the people of Louisiana
and our health care heroes are doing to slow the spread of
COVID-19 and getting us to the point where we can open more
businesses and expand the occupancy of others. In addition,
Louisiana has effectively ramped up testing and contact tracing
to help identify problem areas and contain the spread,” Gov.
Edwards said. “However, the public should not let its guard
down. COVID-19 is still a real issue in our communities, and it
is still necessary that people wear masks while in public, wash
their hands frequently and maintain good social distancing so
that we can prevent cases from spiking as we ease restrictions
in Phase Two.”
The Governor’s order follows the White House plan for Opening
Up America Again. Major changes in Phase Two include allowing
churches, places of worship and many more businesses to
operate at 50 percent capacity with social distancing, masks for
public-facing employees and increased sanitization. In addition,
the state strongly recommends that businesses consider
offering temperature checks before a person can enter and
posting the symptoms of COVID-19 outside with a request that
symptomatic individuals not enter.
A second order outlines extensions of legal deadlines and other
administrative matters. Some Office of Motor Vehicles and other
deadlines remain suspended until July 31. Other legal and
administrative deadlines are suspended until June 15, including
evictions and foreclosure procedures. Legal prescription
remains suspended through July 5.
The State Fire Marshal’s Office and the Louisiana Department of
Health have issued guidance for churches and different types of
businesses to help them enter Phase Two in a way that ensures
they operate safely and at the maximum level allowed. Business
owners and faith leaders can find information at OpenSafely.
la.gov.
Phase Two in Louisiana will last at least 21 days. Because more
businesses will be open to more patrons and because the CDC
has clarified that the illness is most likely to spread through
the air and not on surfaces, the Governor and the Louisiana
Inside the LMA
Department of Health strongly encourage individuals to wear
masks whenever they are in public and recommend that people
who enter businesses that are not taking proper precautions
consider the risk to their health and their family in doing so.
OVERVIEW OF BUSINESSES THAT CAN OPEN AS OF FRIDAY,
JUNE 5:
Businesses that are able to open at 50 percent occupancy
include:
• Restaurants, cafes and coffee shops
• Shopping malls (including food courts, following restaurant
guidance)
• Gyms and fitness centers
• Barber and beauty shops and nail salons
• Movie theaters
• Racetracks (with an approved plan from the Louisiana
Racing Commission)
• Museums (including children’s museums), zoos, aquariums
(no tactile exhibits)
• Bars and breweries with LDH food permits
• Massage establishments, spas, and tattoo establishments
(under strict guidance from LDH), esthetician services (under
strict guidance from the Cosmetology Board)
• Pool halls, bowling alleys and skating rinks (children must
be accompanied by an adult)
• Event Centers and wedding venues
• Outdoor playgrounds and play centers (children must be
accompanied by an adult)
Casinos and video poker establishments may open at 50
percent occupancy, but limited to 75 percent of their gaming
positions, with spacing to allow for social distancing and with
enhanced sanitization. Plans must be submitted to the Gaming
Control Board which will issue guidance to these facilities.
Bars and breweries that do not have LDH food permits will be
able to open with social distancing requirements and patrons
seated at 25 percent occupancy.
Additional guidance will be released relaxing some regulations
for summer camps in Phase Two. Sleep-away camps are not
allowed in Phase Two.
The following businesses remain closed: carnivals, amusement
parks, water parks, fairs, contact sports, children’s indoor play
centers, arcades, trampoline parks, theme parks, concert and
music halls, and other similar businesses. Live entertainment is
not permitted inside any building or indoor function.
However, any business that is directed to be closed in the Phase
Two order may petition to reopen under a plan approved by
the State Fire Marshal in consultation with LDH. The State Fire
SEE OPENING PAGE 6
LMR | JUNE 2020 Page 5

Legal Briefs
CHURCH AND STATE AND COVID-19
BY KAREN DAY WHITE, EXECUTIVE COUNSEL
Unprecedented. It’s a word that we have
heard time and again over the past few
months. Perhaps a bit overused, but it’s
true. We have never faced the challenges
of a global pandemic in modern times, i.e., following the advent
of advanced communications, accessible mobility options, and
the world wide web that connects us all with just a click.
Against this modern landscape, the US Supreme Court was challenged
with considering how to balance the First Amendment’s
protections in favor of the free exercise of religion against the
compelling public health interests that necessitate governmental
limitations on public gatherings. On May 29, SCOTUS issued
a ruling in the case of South Bay United Pentecostal Church, et
al. v. Gavin Newsom, Governor of California, wherein a group
of churches challenged the government’s order limiting gatherings
to 25 percent of a building’s fire marshal capacity with a
maximum number of 100 attendees. The churches requested
that the court issue an injunction prohibiting the government
from imposing those limitations, noting that the government
was not imposing those limitations on secular businesses such
as banks, grocery stores, and laundromats.
SCOTUS vocalized the complex issues involved in stating that
the “precise question of when restrictions on particular social
activities should be lifted during a pandemic is a dynamic and
fact-intensive matter subject to reasonable disagreement.”
Ultimately, the court ruled in favor of the government, but it
was a split 5-4 decision. Justice Roberts wrote the decision denying
the injunctive relief and Justice Kavanaugh penned the
dissent, joined by Justices Thomas, Alito, and Gorsuch.
The majority order noted that, “Similar or more severe restrictions
apply to comparable secular gatherings, including lectures,
concerts, movie showings, spectator sports, and theatrical
performances, where large groups of people gather in close
proximity for extended periods of time.” However, the dissent
countered that the “constitutional problem is that comparable
secular businesses are not subject to a 25% occupancy cap,
including factories, offices, supermarkets, restaurants, retail
stores, pharmacies, shopping malls, pet grooming shops, bookstores,
florists, hair salons, and cannabis dispensaries.”
The disagreement came down to whether churches were comparable
to grocery stores and other service-related businesses,
or whether their inherently social nature distinguished them
from other spaces where people gather. Five justices subscribed
to the latter belief.
Justice Roberts opined that our Constitution principally entrusts
“[t]he safety and the health of the people” to the politically
accountable officials of the States “to guard and protect.” Further,
when those officials “undertake[ ] to act in areas fraught
with medical and scientific uncertainties,” their latitude “must
be especially broad.” Finally, where those broad limits are not
exceeded, they should not be subject to second-guessing by
an “unelected federal judiciary,” which lacks the background,
competence, and expertise to assess public health and is not
accountable to the people.
Neatly stated, the court deferred to the government officials
whose boots-on-the-ground expertise should not be overturned
absent a showing that a violation of constitutional
rights is “undisputably clear” and that there is no rational basis
for the public safety regulations. At a time when both local
and state governments are forced to make difficult decisions
based on their particular community needs, this opinion imbues
elected officials with a sense of cautious optimism about
governmental regulations during this pandemic.
CONTINUED FROM PAGE 5: OPENING
Marshal may approve this plan or offer guidance on how the
business may reopen in Phase Three.
The Governor encourages businesses that can allow employees
to work remotely to consider doing so, especially if an employee
is at high risk for becoming seriously ill from COVID-19 or
shares a household with a high risk person.
FOR MORE INFORMATION:
• Business and faith leaders can visit OpenSafely.la.gov to
receive guidance and updates from the State Fire Marshal’s
Office and the Louisiana Department of Health. Businesses
that require approval of reopening plans will be notified by
the State Fire Marshal’s Office or the Louisiana Department of
Health.
• For a guide listing businesses that can be open at any given
time, visit gov.louisiana.gov/page/can-this-business-open.
• Members of the public can continue to get information
from the Governor’s office by visiting Coronavirus.la.gov and by
texting LACOVID to 67283.
• Members of the public can continue to get information
from the Department of Health by visiting ldh.la.gov/
coronavirus.
• People with general questions about COVID-19 in Louisiana
can call 211.
Go to gov.louisiana.gov to read the full executive order and the
order outlining legal deadlines and administrative matters.
Page 6
LMR | JUNE 2020

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LMR | JUNE 2020 Page 7

NLC Municipal Action Guide:
Responding to Racial Tension in Your City
NLC interviewed several current and
former municipal leaders who have
been through similar moments of
crisis with racial tension. As a result,
they have produced a document
that provides important contextual
and tactical information to support
a municipality’s efforts to respond
effectively. It includes:
• Definition of common values
— Five common values need to be
embedded in all actions in response
to racial tension.
• Insight — Lessons learned,
tactics, and such additional
considerations can provide direction
and suggest actions municipalities
can take in real time.
• Context — Historical context
that will help leadership get a
more robust understanding of the
situation at hand, and how the event
may uncover deep-rooted issues
that the municipality can address.
• Checklists — Practical checklists
ensure that you have some of
the more critical components in
place to respond: 1) Direction
to leadership in the immediate
response to the crisis; 2) Guidance
on a crisis communications protocol;
3) Guidance on stakeholder
identification and engagement; 4)
Guidance on how to continue the
work of advancing racial equity postincident.
Racial Tension: Looking Forward
No city wants to be confronted
with a disaster—natural or human.
Human disasters that spark racial
tension are even more difficult to
navigate. As your municipality works
through the current incident, record
feedback from family/victim(s),
community leaders, and the community
at-large. Local leaders must
recognize that this work requires
being comfortable being uncomfortable.
This moment of racial tension
is an opportunity for cities to use all
the community engagement work
to create stronger, more equitable
outcomes for all who live in your
municipality.
Governing for racial equity is continuing
the uncomfortable conversations
internally and with the
community to identify where adjustments
can be made within policies,
practices, and procedures to prevent
future incidents from occurring.
Municipalities must recognize that
the work continues once you have
“moved past” an individual incident.
Page 8
LMR | JUNE 2020

Inside the LMA
As long as racial inequities persist,
the possibility of incidents sparked
by racial tension may surface in any
municipality. Be intentional about
exploring the root causes of racial
inequity and tension. Municipal
leaders should continue the momentum
and engage in constructive
dialogue with the community to
navigate the incident. Identifying
and partnering with the community
around long-term solutions will help
to prevent further incidents. Governing
for racial equity is the work
within policies, practices, and procedures
to eliminate racial disparities,
heal racial divisions, and build more
equitable communities for all. This is
the work going forward.
Understand Historical Impacts of
Systemic Racism
A key component to dealing with
racial tension in your municipality
is acknowledging the trauma and
pain those have experienced from
longstanding issues including poor
police-community relations, poverty,
lack of educational opportunity,
economic immobility, racial tension
and inequity. As part of the work
NLC is committed to, racial healing
and transformation sets up the
process of advancing racial equity.
This moment requires the whole
municipality—elected/appointed
leadership, staff across all levels, and
the community—to come together
to determine a resolution.
Racial tension is not born solely from
crisis-level events in Baltimore, Minneapolis,
Ferguson and other areas.
These events surface long-standing
issues that created racial tension.
Our country’s historical interaction
with communities of color through
government policy and practice
create a fractured and tense relationship.
It is critical to understand
this historical context in how and
why communities of color respond
to these incidents. Racial equity requires
understanding of justice and
fairness. Historically, it is a lack of
justice and fairness for communities
of color that serves as the foundation
for understanding and responding
to the racial tension in your city.
Racial tension has always been present
in our country. It is incumbent
on leadership within municipalities
to understand and embed this
understanding within responses to
moments of crisis and racial tension.
NLC’s Lessons Learned document
provides historical context, knowledge
acquired from examples across
the country, and practical steps your
municipality can take to address
racial tension.
It highlights four examples of federal
policies that have been implemented
alongside local municipal gov-
LMR | JUNE 2020 Page 9

ernment through policy, practice and procedure. Each of
these examples shows how structural racism manifests
into real lived experience. It is critical to note in explicitly
calling out race within racial tensions, that these
systems have been operated primarily by white people.
This dynamic is critical to underscore and understand
the deep-seeded roots of racial tension between government
and communities of color. This is not to assign
blame, but to call out how government programs
contribute to existing fractured racialized relationships.
Each example illustrates how a policy, practice or procedure
did not create equitable, fair, and just conditions
for communities of color. These examples are violent in
nature and in practice. This violence inflicted upon communities
of color has created deep seeded trauma and a
level of tension between government and communities
of color.
Racial Tension: Checklists
Crisis Response
This list, compiled by the National League of Cities, provides
some of the most critical steps your municipality will want to
take to respond in moments of racial tension.
Convene all cabinet/executive level staff to ensure city
leadership is briefed from outset.
• Elected officials, managers, department heads, and key
staff must operate from the same basis of knowledge
and information.
Consult with municipal legal counsel to ascertain any
issues of municipal liability.
Identify options for independent investigation in consultation
with legal counsel.
Establish a clear and direct line of communication with
police chief.
• Ensure that all facts about the incident are accurately
and collectively known in real time.
• Agree on timing of fact sharing with stakeholders and/
or public.
Identify elected leadership/staff and clearly state roles for
internal response team; (i.e. spokesperson, family/victim
liaison, media liaison, etc.). Set the tone:
• Publicly affirm commitment to the five values (empathy,
transparency, authenticity, partnership and collaboration,
and consistency).
• Update the family/victim(s) and the public with new
information as developments occur.
Articulate a balanced message to law enforcement leadership
and personnel.
• Provide acknowledgement and appreciation of their
work but also stress the need for thorough investigation
into incident.
Prioritize outreach to family/victim(s).
• Designate family/victim(s) liaison.
• Connect family/victim(s) to appropriate services.
Engage community stakeholders.
• Identify and engage a broad and diverse array of stakeholders
who can bring knowledge, skills, abilities and
assets to the crisis response management and post-crisis
response efforts. (see Stakeholder Checklist)
• Set up community conversations in partnership with
community stakeholders to engage them in understanding
and learning from the incident and to prevent future
incidents.
Develop an asset map of community stakeholders. Establish
direct lines of communication to:
• Family/victim(s) – Discuss appointing a liaison so family
has a direct line of communication to municipal leader-
Page 10
LMR | JUNE 2020

Inside the LMA
ship. Inquire if family would like to appoint a liaison as
well for channeling all communications.
• Community stakeholders – Establish a direct line of
communication to the identified community stakeholders
and engage them in sharing accurate updates
throughout the crisis.
• Public – Establish communication platform(s) (i.e. –
website, hotline) that community can access to receive
information/updates.
Establish/review crowd management response policies
with police chief and response team.
• Identify and review demonstration/protest polices, practices,
procedures (Keep de-escalation at top of mind).
• Identify and review de-escalation protocols.
Continue to communicate updates to and any need for
support from county, state, and federal officials.
Communications
This checklist provides guidance on effective communication
in the event of a critical incident in your municipality. It reinforces
some of the suggestions in the Crisis Response Checklist
and should be used in tandem with it.
Designate a primary spokesperson and a backup spokesperson.
Understand your audience and who you are communicating
with (Note: your key audience is always your constituents,
even if you are on the national news).
Gather information and be thoroughly briefed by relevant
agency and community stakeholders before you make any
written or verbal statements.
Based on your audience, identify the appropriate communication
methods and channels for disseminating information
to this audience. Ensure that all audiences’ language
needs and access needs are considered and addressed
(i.e. non-English speakers; hearing impaired; digital divide;
elderly; etc.).
Establish a regular schedule of updates to manage expectations
around information sharing; communicate the
schedule transparently.
Stick to the facts and acknowledge context:
• Consider details that may be relevant beyond the single
incident.
• Consider differing lived experience of impacted residents/communities.
(See Historical Impacts of Systemic
Racism in the Municipal Action Guide).
• Do not editorialize or express your personal opinion.
Do not simply say “no comment.” Provide factual responses
about why you may not have an answer in the moment and
be transparent to the extent legally appropriate.
Track and respond to media and community requests.
Maintain a crisis communications inventory, a running
document of statements, speakers, and coverage.
Stay calm and composed even when asked tough questions.
Stakeholder
This list provides a framework for identifying and engaging a
broad and diverse array of stakeholders who can bring knowledge,
skills, abilities and assets to the crisis response management
and post-crisis response efforts.
Every municipality is unique, and the range of stakeholders
will vary. For each category below, consider:
1. Who is essential to the crisis response and the subsequent
coordinated action and support?
2. Who in your community can contribute to a better
response to and outcome from the crisis?
LMR | JUNE 2020 Page 11

Local government
• Municipal leadership: elected officials; appointed officials;
department heads; line staff
Law enforcement
• Police chief; deputies; community liaison officers
Parish, state, and federal government
• Parish health and social services
• State legislators
• Federal law enforcement (in the event of an independent
investigation)
Non-profit, community-based organizations
• Local, private organizations providing social services;
youth-serving organizations; cultural organizations
Neighborhood groups
• Advisory neighborhood groups; neighborhood watch
groups
Religious community
• Religious leaders; ensure multidenominational representation
of all religious groups in your community
Health services/mental health services/hospitals
• Private health and mental health service providers; hospital
representatives (i.e. ER, crisis response personnel)
Education community
• Primary and secondary education officials
• College, university, community college representatives
Business community
• Chamber of Commerce; major employers; business owners
National organizations
• National organizations providing support to municipalities
addressing issues of racial equity
Philanthropic organizations
• Regional representatives of national philanthropic
groups engaged in supporting racial equity work
The Future
The following list includes things to consider as your municipality
continues the work of advancing racial equity. Challenges
to the municipality create opportunities for constructive
community engagement, identifying and sharing priorities,
and focusing on root causes and solutions. This list will help
your municipality think through how to use the momentum to
govern for racial equity and push for changes within policies,
practices, and procedures. This short list introduces many
of the guidelines articulated in more detail in the NLC REAL
Municipal Action Guide.
• Develop formalized community engagement structure
to continue the discussion on racial equity in policy,
practice, and procedure (i.e. – task force/s, working
group/s, commission/s).
• Develop, create, and implement infrastructure (in
conjunction with community) to develop shared decision-making
power between government and community,
relative to policies, practices, and procedures.
• Document the challenges and lessons learned following
this experience to codify it for reference in the future
and share with peers.
• Secure additional resources to fund initiatives and/or
policy, practice, procedural changes; consider partnerships
with non-governmental organizations to sustain
the work.
• Crisis intervention training for both municipal and community
stakeholders.
• Implicit bias training for city leadership, city staff, and
community stakeholders.
• Modify police officer trainings to emphasize de-escalation
and alternative options to use of force.
• Explore areas of change within police department policy,
practice, and procedure (i.e. – body cameras).
• Sustain ongoing community conversations on race relations,
justice, and equity.
• Consider formalizing dedicated lines of community
conversations (i.e. – counseling lines, website).
• Explore integration of racial healing into policy, practice,
and procedure.
• Assess mental health and trauma-informed practice
within law enforcement to ensure appropriate level and
manner of response.
• Develop a racial equity plan.
Go to https://www.nlc.org/resource/responding-to-racialtension-in-your-city-a-municipal-action-guide
to download
the “NLC Municipal Action Guide: Responding to
Racial Tension in Your City” to fully explore the topics of
• Housing: Redlining
• Transportation: National Interstate and Defense Act
of 1956
• Economic Development: Urban Renewal
• Crime: Violent Crime Control and Law Enforcement
Act of 1994
Page 12
LMR | JUNE 2020

Municipalities
Is Your Municipality Debris Removal Plan
Ready for Hurricane Season?
BY BRETT KRIGER, LMA DEPUTY DIRECTOR OF DISASTER RECOVERY
Last month, we explored the complications
that could arise in tracking
COVID-19-related expenses
when there is a compounding disaster
such as a hurricane or flooding.
The first named storm of the 2020
hurricane season has approached
the Louisiana coast, so the timing
could not be better to discuss disaster
readiness to aid response and recovery
should a major storm hit us
this year. The first plan to lock down
is your Debris Removal Plan.
A key lesson learned after Hurricanes
Katrina, Rita, Gustav, Ike, Sandy,
and the Louisiana Great Flood
of 2016 is that immediate response
to debris collection and disposal
is essential to a community’s swift
recovery from a disaster. Municipal
officials are now strongly encouraged
to develop effective emergency
debris management plans to aid
in their recovery from events that generate substantial
volumes of debris. Pre-disaster planning and emergency
debris management plans, which are coordinated and
approved by the Governor’s Office of Homeland Security
and Emergency Preparedness (GOHSEP) along with solid
waste officials in the parish, help to ensure adequate staffing,
equipment, and services during the disaster and immediately
afterwards.
Before the Storm Hits
These actions will help ensure that your municipality is
ready to manage hurricane debris.
1. Estimate how much debris (in cubic yards) that you
might expect from a storm. That will help you determine
how much temporary debris storage capacity you
will need (number and size of staging areas); the staffing
and equipment needs in your public works department;
the structure of your stand-by debris contract, and how
much debris removal could cost.
2. Select debris removal sites and get Parish/GOHSEP
pre-approval for one or more Temporary Debris Management
Areas (TDMAs). Having pre-approval for these sites
that are suitable for temporary staging of both construction/demolition
storm debris and vegetative debris is incredibly
helpful. If not practicable in your town, you can
enter into a shared service agreement with one or more
of your neighboring towns, or to work with your parish
solid waste planner to develop a regional TDMA.
3. Identify/obtain debris removal and debris monitoring
resources. You have several options for debris removal
and debris monitoring services after a disaster, including
utilizing your municipal work force and municipal equipment;
obtaining competitively bid disaster debris removal
and debris monitoring contracts through a pre-event
stand-by contract; and utilizing cooperative purchasing
agreements for disaster debris removal and debris monitoring.
These options may be combined for different aspects
or phases of debris removal, so you should tailor
whatever combination of methods provides you with the
most efficient and cost-effective results.
4. It is important to educate your residents and businesses
on what they can do to minimize storm debris
(e.g., bringing in outdoor furniture). To expedite debris
removal after a storm, your residents should also know
what kind of debris to put at the curb and how to separate
the debris for collection. Segregating debris by type
and properly placing debris at the curb will greatly expedite
debris removal.
SEE DEBRIS PAGE 15
LMR | JUNE 2020 Page 13

Opinion: 20-0010 Absent a local option
election requesting the change, the Board
of Aldermen for the Village of Hodge may
not unilaterally amend Ordinance No. 137
to permit the sale of beverages of low alcoholic
content for consumption off of the
premises within the Village of Hodge. Released: 4/3/2020
Opinion: 19-0069 The adoption of an ordinance must comply with
the procedure set forth in La. R.S. 33:406. Released: 4/29/2020
Dual Officeholding
Opinion: 20-0011 An elected constable for Ward 3 of the Tensas
Parish justice of the peace court is prohibited from also holding an
additional elective office as alderman for the Town of Waterproof.
Released: 4/24/2020
Opinion: 20-0021 The provisions of the Dual Officeholding and
Dual Employment Law do not prohibit a member of the Lafourche
Parish Council from serving as a member of a parish executive
committee of a recognized political party. Released: 5/5/2020
Opinion: 20-0020 The provisions of the Dual Officeholding and
Dual Employment Law do not prohibit the full time Secretary/
Treasurer of Allen Parish from serving as the part time Secretary/
Treasurer of the Bayou Blue Gravity Drainage District No. 1. Released:
5/14/2020
Exercise of Police Power
Opinion: 20-0031 The Covington City Council has the legal authority
to enact an ordinance authorizing the closure of the municipal
streets contiguous to St. Peter Catholic School with gates during
school hours, pursuant to a legitimate exercise of its police power.
Released: 4/27/2020
Prohibited Donations
Attorney General’s Opinions
BY JEFF LANDRY, ATTORNEY GENERAL
Adoption of Ordinances
law. Released: 5/22/2020
Opinion: 19-0090 The Village of Elizabeth may enter into a cooperative
endeavor agreement to transfer the surplus property for
less than fair market value in exchange for the Four Winds Tribe to
build low income housing on the property, provided the Village is
able to objectively demonstrate that the arrangement will deliver
a benefit generally commensurate with its expenditure of funds.
Released: 4/29/2020
Opinion: 19-0027 The conversion of the Twenty-Third Judicial
District Court’s electronic warrant system from a monthly to an
annual subscription is not a violation of La. Const. art. VII, sec.
14(A). Released: 5/5/2020
Opinion: 20-0027 If the council determines that the replacement
of certain culverts will be beneficial to the public at large, then the
use of public funds to make such replacements is authorized by
Retirement
Opinion: 19-0131 Act 416 of the 2019 Louisiana Legislative Regular
Session’s amendments to La. R.S. 11:1821, which impose additional
qualifications for membership to the Board of Trustees for the
Municipal Employees’ Retirement System of Louisiana, apply only
to those trustees elected to the Board after the effective date of
Act 416. Released: 4/29/2020
Ad Valorem Taxes
Opinion: 19-0118 Immovable property owned by a political subdivision,
but leased to commercial businesses, may be exempt from
ad valorem taxation if the property is used for a public purpose.
What constitutes a public purpose is a factual determination that
must be made on an individual case-by-case basis. Released:
4/30/2020
Opinion: 19-0164 An organization that satisfies all elements of
La. Const. art. VII, §21(B)(1)(a)(i) is entitled to an ad valorem tax
exemption. According to the facts provided in your request, it
appears that this low-cost animal medical center qualifies for such
an exemption. Released: 4/30/2020
Open Meetings/Malfeasance
Opinion: 20-0006 The convening of a quorum of a public body outside
of a public meeting to discuss matters over which they have
control is a violation of the Open Meetings Law. Continued failure
or refusal to attend meetings in full may constitute malfeasance in
office. Recalls La. Atty. Gen. Op. 75-595. Released: 5/8/2020
Local Permits
Opinion: 20-0045 A local business seeking to do business as a
peddler selling food is required to receive a valid permit from
the state health officer through the Louisiana Department of
Health prior to operating. Additionally, an applicant for a peddler’s
license from the Town of Vivian is required to disclose if he had a
permit revoked by the Louisiana Department of Health or state
health officer; however, no disclosure is required if the applicant
has never been issued a permit. Released: 5/14/2020
Legislative Charters
Opinion: 20-0019 The amendment to the Town of Plain Dealing’s
Legislative Charter is consistent with the constitution and laws of
the United States and Louisiana. Released: 5/21/2020
Bonded Indebtedness
Opinion: 20-0014 The City of Shreveport may use the money in
its general obligation bond debt service fund to defease general
obligation bonds. The City should consult a registered municipal
advisor to help determine what, if any, action is in the best financial
interest of the City. Released: 5/26/2020
Page 14
LMR | JUNE 2020

Meeting New Needs in the Wake of Pandemic:
LaMATS COVID-19 Pivot
It may be years before we have a full accounting of the disruption
to normal life and commerce caused by COVID-19.
But even a few weeks into the pandemic’s appearance in
Louisiana, our local governments were changing the way
they did business.
The necessary imposition of new public safety rules, the
closing of local businesses and the statewide quarantine
made many routine municipal activities suddenly a challenge,
if not impossible.
By early March, LMA member inquires to LaMATS Purchasing
Services (LPS) had shifted from electronic bidding
and surplus property sales to urgent sourcing of Personal
Protective Equipment (PPE) and sanitization products of
every kind. By working with existing vendors and seeking
new ones, LaMATS staff and contractors began to meet
the demand for supplies of face masks, hand sanitizer and
other materials—and when possible, to deliver them.
As the pandemic and the statewide response move into
their next phases, we feel Coronavirus-related procurements
will continue to be an important part of our mission.
We’ve taken the opportunity to restructure our LPS
service with a new e-commerce portal that will allow easy
access to numerous products and suppliers and accept
tax-free payments from local government buyers. As
always, LaMATS will seek to negotiate the very best pricing
and to stay abreast of shifting supplies and new products
as they come available.
LPSGovShop.net will be a new online storefront for LaMATS
negotiated contracts on products and third-party services,
and some in-house offerings as well. These items will be
A Word from
Our Affiliates
categorized at the site as “Collections,” for example Sanitization
& PPE, Custom Printing & Signage, and Parks, Recreation
& Outdoors, with others added as future demand
dictates.
One of the new LaMATS services available through the
storefront will be for installation and maintenance of commercial-grade
touch-free Hand Sanitizer Stations. These
attractive, durable units will be available in any number to
local governments, schools and nonprofits across the state;
and under contracted service with LaMATS, will be kept supplied
with high-quality alcohol-based sanitizing solution,
proven effective against COVID-19 and other pathogens.
According to the Centers for Disease Control and Prevention
(CDC), hand washing is an essential component of keeping
communicable illnesses, including the Coronavirus, under
control. In places where soap and warm water are not readily
available, the CDC recommends regular and thorough application
of alcohol-based solutions containing more than
60% alcohol by volume. Sanitizing Stations offered by LPS
will use the highest-grade solutions available at a minimum
of 75% Isopropyl alcohol concentration.
“LaMATS has always made its products and services as
responsive as possible to the needs of LMA members,”
said Executive Director, Cliff Palmer. “With this new online
storefront, the hand sanitizer service and other offerings,
we hope to continue that commitment to our local governments
and other worthy customers.”
Municipalities and interested commercial partners should
contact Paul Holmes to inquire: Paul@lamats.net or (225)
678-6107.
CONTINUED FROM PAGE 13: DEBRIS
After the Storm Passes
Once a disaster strikes that generates significant volumes of
debris, here are the top five actions to consider:
1. Ensure that all activities, from day one, comply with
FEMA eligibility requirements for eventual reimbursement, if
applicable. For FEMA reimbursement purposes, monitor debris
removal activities and maintain careful and detailed records
of municipal personnel activities; the amount of debris
transported and disposed of; and the location and costs of
transport and disposal.
2. Coordinate support from parish and state agencies to
reopen road networks.
3. Activate disaster plans and implement debris removal
activities using either stand-by emergency debris removal
contracts, the state’s disaster debris contract vendors, and/or
public works personnel. Contact your Parish Office of Emergency
Management if local capabilities are overwhelmed.
4. Assess the type and extent of the debris generated (e.g.,
vegetative versus non-vegetative debris), as well as the need
for TDMAs. Coordinate with GOHSEP and the parish when activating
pre-approved TDMAs.
5. Communicate with residents and businesses to ensure
public awareness and cooperation with debris removal efforts.
The LMA is dedicated to providing as much disaster-related
information as possible, so be sure to check our website
frequently for federal and state information and best practices.
For procurement related matters, you should also contact
LaMATS Purchasing Services, who can provide expertise both
before and after the storm.
LMR | JUNE 2020 Page 15

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itineraries at Staycation.LouisianaTravel.com.
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Page 16
LMR | JUNE 2020

Partner Insight
Rural Development
USDA Rural Development Broadband ReConnect Opportunity
BY ROY HOLLEMAN, STATE DIRECTOR, USDA RURAL DEVELOPMENT
Access to high-speed internet
is vital for a diverse set of
industries, including agricultural
production, manufacturing, and
forestry and acts as a catalyst
for rural prosperity by enabling efficient, modern
communications between rural households, schools,
and healthcare centers. It also allows rural businesses
to connect to markets and customers around the world.
Unfortunately, 80 percent of the 24 million American
households that do not have reliable, affordable highspeed
internet are in rural areas, according to a recent
report by the Federal Communications Commission.
More than 1.1 million Louisianans still lack access to
sufficient high-speed internet.
In the 2018 Consolidated Appropriations Act, Congress
provided $600 million to the Broadband Pilot Program,
that we are now calling the Broadband ReConnect
Program, which focuses on areas that completely lack
or have insufficient broadband service. In Fiscal Year
2019, an additional $550 million was added to the
program by Congress. In Fiscal Year 2020, Congress
appropriated an additional $555 million to the
program to build infrastructure for essential internet
e-Connectivity services to rural areas in need.
The ReConnect Program offers unique federal financing
and funding options in the form of loans, grants,
and loan/grant combinations to facilitate broadband
deployment in areas of rural America that don’t
currently have sufficient access. Sufficient access is
defined as 10 Mbps downstream and 1 Mbps upstream.
In round one, USDA received 146 applications between
May 31, 2019, and July 12, 2019, requesting $1.4 billion
in funding across all three ReConnect Program funding
products: 100 percent loan, 100 percent grant, and
loan-grant combinations. Round one ReConnect
awards are spread over 34 states. Working in
partnership with USDA, the 34 states receiving funding
contributed nearly $122 million in matching funds
toward the projects.
Here in Louisiana, Star Telephone Company, Inc. will
use $7,762,847 received in ReConnect Program loan
funding and $7,762,847 received in ReConnect Program
grant funding to deploy a fiber broadband network.
The funded service areas include 2,609 households, 13
educational facilities, two healthcare centers, and eight
critical community facilities.
Today, we must have access to distance learning and
telemedicine. It is critical for rural areas and makes
it easier for thousands of rural residents to take
advantage of health care without having to travel long
distances for service. It is vital that rural students and
teachers have the connections necessary for online
resources, education, and classes.
The time to apply is now. Electronic applications for
round two may be submitted through grants.gov and
are due no later than July 13, 2020. Paper applications
will not be accepted under the second window.
Additional information on how to apply is available
on grants.gov.
Applicants eligible for DLT grants include most state
and local governmental entities, federally recognized
tribes, cooperatives, nonprofits, and for-profit
businesses limited liability companies, and cooperative
or mutual organizations.
Rural Development was provided an additional $25
million in the CARES Act for the Distance Learning and
Telemedicine grant program. To learn more about Rural
Development’s COVID-19 response, visit www.rd.usda.
gov.
USDA Rural Development is here to keep you updated
with resources and funding opportunities to create
prosperity in rural communities. Please contact me at
roy.holleman@usda.gov or (318) 473-7921. I encourage
you all to take a moment and check out our programs
at www.rd.usda.gov/la and follow us on twitter @RD_
Louisiana.
LMR | JUNE 2020 Page 17

Treasury Notes
WE'RE HERE TO HELP
BY STATE TREASURER JOHN M. SCHRODER
If you’re a mayor, councilmember
or law enforcement official, you’re
facing a world of uncertainty right
now about your revenue collections
amid the COVID-19 pandemic. As State Treasurer, I
want to assure you that my staff and I are here to help.
One thing that we’ve already done is schedule the
State Bond Commission to meet twice a month, as
necessary, to handle applications for coronavirusrelated
financing.
You may be considering a request for emergency loans,
bonds or other financing to ensure the continuity of
essential government services. You also might request
financing from the U.S. Small Business Administration’s
Paycheck Protection Program to pay employee salaries
and other permitted expenses.
Prior to incurring debt, you need to seek the State
Bond Commission’s approval. The applications and the
application requirements are on our website: https://
www.treasury.la.gov/apply-to-bond-comm.
Check out the Legislative Auditor report that was
recently released on the effect of COVID-19 on local
government revenues. You can find the report and
detailed information at: https://lla.la.gov/reports-data/
audit/audit-type/index.shtml?key=Performance.
You also need to think about your municipal bonds
and continuing disclosure obligations. Disclosure
information generally reflects the financial health or
operating condition of the local government as it
changes over time, or the occurrence of specific events
that can have an impact on key features of the bonds,
such as the ability of the local government to pay
investors amounts owed on bonds, the value of bonds
if they are bought or sold prior to maturity, or the
timing of repayment of principal.
The municipal-bond market is facing a lot of
uncertainty during the downturn caused by COVID-19.
Obviously, you know the importance of this market. It
helps you finance infrastructure, schools, utilities and
more.
The SEC recently issued a public statement on the
importance of making “robust, timely and accurate”
financial disclosures. Investors need this clarity.
Traditionally, you may have done an annual filing
with some historic information. You should contact
your bond counsel and municipal advisor to discuss
providing updated financial information and the effects
of COVID-19 on your finances to investors. I know this
is an added burden, but it’s important.
You can find the statement from the SEC at: https://
www.sec.gov/news/public-statement/statementclayton-olsen-2020-05-04.
The Municipal Securities Rulemaking Board
(MSRB) has a great education center, you can find
information about disclosure at: http://www.msrb.org/
EducationCenter/Issuers/Disclosing.aspx.
Again, my office is here to help during these trying
times. Please do not hesitate to reach out.
The
Right
Reports.
Right Now.
To get your
FREE
guide visit:
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Page 18
LMR | JUNE 2020

Partner Insight
Financing Issues during the Pandemic
BY L. GORDON KING, GOVERNMENT CONSULTANTS, INC.
Following up on the two webinars, April 20 and May 4,
that LMA has conducted on this subject, I would call your
attention to the following regarding “must-do” items in
terms of making it through the pandemic:
1) Quantify your revenue losses - sales taxes, water,
sewer revenues, etc. How big is the hole that you
need to cover?
2) Look within first - do you have rainy day funds,
general fund fund balances, interfund borrowing
capability, or liquid investments? Use these first as
you determine the impact.
3) If you need to borrow and, talking here about cash
flow financings due to revenue losses - for existing
debt, should have reserves or sinking funds, etc.
• Look at a revenue note financing as listed on the
GOVERNMENT CONSULTANTS, INC.
Specializing in Bond Issues and Financing
State Bond Commission’s website - up to 10 years
in a draw down facility, (i.e. draw as need like a
home equity line of credit), is NOT a budgetary
loan. Those require repayment within a year.
• State Treasurer John Schroder has “kept the light
on” - THANKS MR. TREASURER - at the SBC to assist
local governments, and we saw more “emergency”
loan applications at the 5/21 SBC meeting. To-date,
there have been a handful - primarily due to the
fact that there is a lag in the receipt of sales taxes.
• Most of these revenue notes will be in the form
of direct placements with local banks - so, discuss
first with your bank as to their appetite. Many have
been inundated with the SBA PPP loans. It may
take a couple of attempts.
SEE FINANCING PAGE 22
L. Gordon King
Dede Riggins
Nnamdi I. Thompson
Shaun B. Toups
David M. Medlin
James R. Ryan
Stephen Holley
(MSRB Registered Municipal Advisors)
700 North 10 th Street Annex Bldg.
Baton Rouge, LA 70802
(225) 344‐2098 (Phone) (225) 344‐5952 (Fax)
gcla@gc‐la.net (email)
OVERVIEW
Modern day government has become a large financial
enterprise, handling millions of dollars and facing
service and revenue pressures. The governing
authority and Administrator(s) face complex financial
decisions ranging from the impact of property and
sales taxes to the financing of capital improvements.
As government finance has become more complex,
the need for financial advice to base decisions upon
has. The services of an expert Municipal Advisor are
being used by more and more grown governmental
units.
A Municipal Advisor (or “MA”) serves as a
consultant advising the governing authority on
matters relating to the following:
Financial feasibility of projects;
Total cost analysis of financing alternatives;
Review of capital improvement financing
programs;
Advice on the structuring and marketing of debt
securities.
The MA is an integral member of the governing
authority’s management team, providing advice and
analysis to assist in financial decision‐making.
ECONOMIC DEVELOPMENT
FINANCE ANALYSIS
• Analyzing available alternatives in relation to
cost to the governing authority and providing
financial guidance and recommendations;
• Analyzing from a cost/benefit standpoint the
use of incentives (free land, subsidy of bond
issues, utility improvements) to attract
industry;
• Providing a detailed upfront and long‐term
financial analysis of costs to the governing
authority versus benefits of the specific
project; and
• Serving as an economic development finance
resource for the Governing Authority.
We Have The Experience!
LMR | JUNE 2020 Page 19

The
2020
Regular
Session
Ends
Page 20
LMR | JUNE 2020

Feature
BY KAREN DAY WHITE,
LMA EXECUTIVE COUNSEL
In a session unlike any other, this
year’s regular non-fiscal session
gaveled in on Monday, March 9.
Then only one week later, legislative
leadership announced that the
session would be put on hold due
to the COVID-19 pandemic. The
session was suspended until May 4
with one exception: they convened briefly on March 31 to
read in 300 additional bills before the filing deadline that
day.
In total, there were 1,714 measures filed during the Regular
Session, and the LMA legislative team tracked 476 of
those. We deeply appreciate the leadership of Mayor Clarence
Fields of Pineville, the LMA Legislative Committee
Chairman, along with committee members, whose dedication
and flexibility in vetting and developing positions
on key bills were invaluable to the team’s successes.
It should be noted that many of the instruments from the
Regular Session have been re-filed in the First Extraordinary
Session, which convened only one minute following
the Regular Session adjournment. Many consider it to be
a “do-over” opportunity whereby legislators are taking another
bite at the issues that eluded them or were less than
perfected in the first go-round.
A full summary of the legislation that passed both chambers
in the Regular Session is available on our website under
the “Legislative Advocacy” tab. As of the date of this
article, no gubernatorial
vetoes had yet been issued,
but those will be reflected
through updates to the
2020 Regular Session Recap
document online as appropriate.
only) to more generalized measures that would apply in
any such declared disaster or public health emergency
– from price gouging and limitations on civil liability to
the establishment of a framework for remote meetings
of public bodies. Perhaps the most compelling measure
related to the pandemic for local governments is SB 189,
which provides for distribution of CARES Act funding under
the Coronavirus Relief Fund. As has been discussed
at length in Call to Action emails from the LMA Legislative
Team and our e-newsletters, SB 189 makes allocations
from the 45% of CRF funding (approximately $811
million) that Congress intended for use by local governments
for reimbursement of pandemic-related expense.
The measure diverts $300 million of that funding toward
a small business grant fund (to be administered by the
Treasurer’s office), leaving the balance of approximately
$511 million for local usage. The bill further provides additional
oversight by the Legislative Auditor’s Office before
locals may obtain reimbursement.
The Division of Administration is administering CARES
Act payments to local governments and they have established
a website for that purpose: www.louisianacares.
la.gov. The Division is issuing payments using funding
formularies to be applied in three tranches, and the first
will cover eligible expenditures and confirmed cases for
the period inclusive of March 1 through April 30, 2020.
We strongly encourage our members to submit all potentially
eligible expenditures to the DOA through the portal
to maximize potential reimbursement while positioning
the municipality to receive additional revenue should the
administrative rules or federal legislation expand the allowable
uses.
There were three arenas
that dominated the Regular
Session: the pandemic, tort
reform, and tax administration.
Pandemic
The COVID-19 related measures
ran the gamut from
highly specialized bills (like
the suspension of legal
deadlines, franchise taxes,
and licensing fees this year
LMR | JUNE 2020 Page 21

Tort Reform
Because our members are frequently
subjected to tort lawsuits, the subject
of civil action reform is one of great
interest. The biggest news along that
front this year was the passage of SB
418, styled the “Omnibus Premium Reduction
Act of 2020.” No less than half
a dozen new measure have been filed
in the current special session both attempting
to tweak the provisions of
SB 418 should it become law, and offering
alternative omnibus tort reform
bills (i.e., measures that attempt to
address several different subject matters
at one time). Elimination of the
collateral source rule - which would
then entitle plaintiff’s to receive only
the amounts that were actually expended
on medical treatment - and
enabling courts to consider evidence
of the plaintiff’s failure to wear a seat
belt when considering damages are
CONTINUED FROM PAGE 19: FINANCING
• Do not forget the Louisiana Community Development
Authority - has the “lawfully available funds”
pledge provisions which allow locals to make a general
vs specific revenue pledge. The LCDA continues
to work on programs to help locals during these trying
times.
4) Other - a) there is discussion about the next round
of Federal stimulus containing funds for states
and local governments for revenue losses, but no
certainty on the timing; b) there is some funding
for local governments under the CARES act for
emergency costs of this pandemic (see LMA for
details); c) the FED has implemented the Municipal
Liquidity Facility program that allows for loans to
locals - however, the population limits would allow
the participation of only one muni in this state, the
payback is three years; and, d) several of our Congressional
delegation members are attempting to
amend the CARES act provisions regarding monies
to state and local governments to allow for application
to revenue losses.
So, get ready - we know the wave is coming, we just
don’t know how big it is! Stay safe ALL.
Editor’s Note: The author, L. Gordon King, previously
served as Executive Director of the LMA from 1993 – 2000.
both important elements of the legislation.
It should also be noted, however,
that HB 597 added another facet
to tort reform – the repeal of the
longstanding Housely presumption
of damage causation in tort actions.
These matters are highly technical in
nature and only time will tell if these
measures – should they become law
– will actually accomplish the stated
goal of lowering automobile insurance
premiums.
While those big tort reform measures
attracted the media coverage, SB 71
quietly made its way through the process.
The bill creates the Louisiana Automobile
Insurance Plan, a fund that
will be administered through the Department
of Insurance. It provides a
method to issue private and commercial
auto insurance policies to good
faith applicants who cannot obtain insurance
through no fault of their own.
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Baton Rouge, LA 70809
(225) 295-1200 (225) 295-1800 (fax)
Daniel Hebert, President
Ronnie Hebert, Chairman
Brady Sessums, Vice President
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Page 22
LMR | JUNE 2020

Feature
Tax Administration
There were quite a few alterations to tax administration, but
locals avoided the perennial attempts at abrogation of local
tax authority in the Regular Session. Further, local government
stakeholders collaborated with others to devise a solution
to the marketplace facilitator issue presented by online
sales transactions. Marketplace facilitators are involved in a
large portion of such online sales, and SB 138 provides the
clarity needed in law to ensure that the state and locals benefit
from the maximum application of existing sales taxes to
these online transactions (thereby leveling the playing field
for brick-and-mortar businesses in Louisiana). While many in
the legislature complain about the complexity and diversity
of Louisiana’s sales tax
system, yet another
local option sales tax
exemption was added
this year. HB 328
allows for an optional
local sales and use tax
exemption for feminine
hygiene products
and diapers.
Along the lines of optional
tax scenarios,
this year was the first
time that so-called “PI-
LOT” legislation made
it through the process.
SB 272 and SB 396 are
a proposed Constitutional
Amendment
and statutory companion
that, if passed
by the voters in November,
would enable
local governments to design agreements with manufacturers
whereby they would receive a lump sum payment immediately
in exchange for a taxpayer rendering ad valorem taxes
due later – i.e., “Payments In Lieu Of Taxes,” or PILOT agreements.
The LMA believes that local government leaders are
in the best position to make decisions for their communities,
and this legislation’s voluntary and open-ended natures is
consistent with that philosophy.
Beyond these three main arenas, there are too many other
bills of interest to name here, but a few can be highlighted.
For public works, SB 118 increases the contract limit from
$150,000 per to $250,000 per project, allowing more flexibility
in public works projects. HB 97 expands the circumstances
in which the local match for capital outlay for rural water
systems may be exempted. HB 633 attempts to address recent
cyber attacks by ensuring that those who have access
to local government technology assets have cybersecurity
awareness training. SB 406 provides a framework for electric
cooperatives to provide infrastructure for broadband coverage,
something that has become more important during this
time when people are often telecommuting. The Brownfields
Cleanup Revolving Loan Fund and program were recreated
this session by HB 691, providing another tool for our members
to address environmental blight. The session saw the
passage of legislation that provides uniform, clear frameworks
for electric-assisted bicycles (HB 514) and battery-charged
fences (SB 344).
Along the lines of local preemption, and despite vigorous
opposition by the LMA, HB 140 made it through both chambers.
Though amendments were put on to make the bill more
palatable at the last moment, it still amounts to a prohibition
against any governing authority of a political subdivision enacting
any ordinance or regulation that is more restrictive than
state law concerning the possession of a weapon or firearm in
certain commercial establishments and public buildings.
Stay tuned for updates through our “Capitol Watch” features
in our e-news and for the latest legislative update reports,
please visit the Legislative Advocacy tab on our website. If
you have any questions about a legislative instrument or wish
to discuss a legislative matter, please feel free to contact any
member of the LMA Legislative Team.
LMR | JUNE 2020 Page 23

Louisiana’s
To chart a path back to normalcy, we must come together as a nation.
Right now, local governments are doing what we do best – care for our residents.
When resources are available and accessible to cities, it means meals for children in need,
services for the most vulnerable, and housing for the homeless.
Cities ARE Essential.
Our federal partners in Washington must understand that cities, towns and villages are
ESSENTIAL in the COVID-19 response, recovery and reopen efforts.
Local governments are not requesting a handout, nor a call for a federal bailout – this is the
extension of a partnership, a critical state-local-federal bond that we seek in order to rebuild and
restore our great nation. We not only want America to survive, but thrive.
Relief for local governments means quality of life for residents. Our communities will be
less safe, less healthy, and less prosperous if relief isn’t provided. Locals are the engine of the
American economy. We want to get our engines running – and we can, if we stand together.
Cities Are Essential. We rise together, we rebuild together.
PRESORT
STANDARD
U.S. POSTAGE
PAID
BATON ROUGE, LA
PERMIT #319
Page 24
LMR | JUNE 2020