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Louisiana Municipal Review<br />
PUBLISHED BY THE LOUISIANA MUNICIPAL ASSOCIATION<br />
VOL 83, NO. 10<br />
OCTOBER <strong>2018</strong>
The Louisiana Municipal Review, the official publication of the Louisiana Municipal Association, serves as a medium for the exchange<br />
of ideas and information for municipal officials in Louisiana. With a circulation of over 3,200, this publication is read by employees of<br />
Louisiana municipal governments, sheriffs, parish presidents, state government officials, and members of the state legislature and<br />
Congressional delegation, among others. Subscription rate: $24 per year; Single copy: $2. Louisiana residents, add 9% sales tax. Rates<br />
for display, professional-listing, and classified advertising available upon request at editor@lma.org.<br />
Statements or expressions of opinions appearing herein are those of the authors and not necessarily those of the Louisiana Municipal<br />
Association. Publication of any advertisement shall not be considered an endorsement of the product or service involved. No<br />
material from this publication may be reprinted without the express permission of the editor.<br />
Editorial offices: Louisiana Municipal Association, 700 North 10th Street, Suite 400, Post Office Box 4327, Baton Rouge, LA 70821-<br />
4327, editor@lma.org, www.lma.org, (225) 344-5001, (800) 234-8274, FAX (225) 344-3057.<br />
LOUISIANA MUNICIPAL REVIEW<br />
MUNICIPAL REVIEW STAFF<br />
(USPS 832-560) (ISSN 0164-3622)<br />
3 rd class postage paid at Baton Rouge,<br />
Executive Director: John Gallagher jgallagher@lma.org<br />
Louisiana.<br />
Managing Editor: Karen Day White kwhite@lma.org<br />
Postmaster – Send address changes to:<br />
Editor: Anita Tillman atillman@lma.org<br />
LOUISIANA MUNICIPAL REVIEW<br />
Production Coordinator: Baton Rouge Press, Inc.<br />
Post Office Box 4327<br />
Baton Rouge, LA 70821-4327<br />
<strong>2018</strong>-19 LMA EXECUTIVE BOARD (non-affiliate, non-advisory)<br />
President – Harry Lewis – Mayor, Rayville<br />
First Vice President – Jimmy Williams – Mayor, Sibley<br />
LMA Past President – Barney Arceneaux, Mayor, Gonzales<br />
LMA Past President – Glenn Brasseaux, Mayor, Carencro<br />
Second Vice President– Michael Chauffe – Mayor, Grosse Tete LMA Past President – Carroll Breaux, Mayor, Springhill<br />
Immediate Past President – Lawrence Henagan, Mayor, DeQuincy LMA Past President – Vern Breland, Mayor, Sterlington<br />
District A Vice President – Peggy Adkins, Mayor, Sarepta<br />
LMA Past President – David Butler, Mayor, Woodworth<br />
District B Vice President – Roy Lewis, Mayor, Homer<br />
LMA Past President – David Camardelle, Mayor, Grand Isle<br />
District C Vice President – Lucy Holtzclaw, Mayor Pro Tem, Sterlington LMA Past President – Clarence Fields, Mayor, Pineville<br />
District D Vice President – Rick Allen, Mayor, Leesville<br />
LMA Past President – Norman Heine, Councilman, Baker<br />
District E Vice President – Nathan Martin, Councilman, Pineville Vice President at Large – Derrick Johnson, Mayor, Cheneyville<br />
District F Vice President – Purvis Morrison, Mayor, Scott<br />
Vice President at Large – Jennifer Vidrine, Mayor, Ville Platte<br />
District G Vice President – Kenneth Stinson, Mayor, Vinton<br />
Vice President (< 1K) – Johnnie L. Natt, Mayor, Mangham<br />
District H Vice President – David Toups, Mayor, Addis<br />
Vice President (1K – 2.5K) – William D'Aquilla, Mayor, St. Francisville<br />
District I Vice President – Donald Villere, Mayor, Mandeville Vice President (2.5K – 5K) – Robert Hardey, Mayor, Westlake<br />
District J Vice President – Rodney Grogan, Mayor, Patterson<br />
Page 2<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Inside the LMA<br />
Director’s Viewpoint<br />
CLERKS KEEP THE SHIP SAILING!<br />
BY JOHN GALLAGHER, EXECUTIVE DIRECTOR<br />
I am very pleased that we are focusing the <strong>October</strong><br />
issue of the Louisiana Municipal Review on recognizing<br />
the hard work and dedication of municipal clerks.<br />
From Mound to New Orleans, and regardless of size,<br />
the municipal clerk plays a huge role in keeping the<br />
municipal ship sailing. In my career at the LMA, I have<br />
probably talked to almost every municipal clerk at<br />
some point. I always enjoyed, and still do, answering<br />
technical assistance questions. Not only did I enjoy<br />
sharing those “eureka” moments with a laugh, but<br />
also working through operational frustrations, or even<br />
consoling a clerk who was working through the pain<br />
of an unexpected transition. We are pleased that the<br />
Louisiana Municipal Clerks Association (LMCA) has an<br />
affiliate seat on the LMA Executive Board and helps<br />
to guide our organizational decisions. The LMA staff<br />
works closely with the LMCA Executive Board and<br />
its members to organize training and conferences.<br />
The clerk’s annual fall training event, the Louisiana<br />
Municipal Clerks Institute, will take place later this<br />
month in Baton Rouge. The LMA is proud to commit<br />
$2,000 per year toward scholarships for clerks to<br />
attend this important training. Congratulations in<br />
advance to those clerks who will graduate with their<br />
Master Clerk certification, an accolade that is achieved<br />
only after several years of dedicated training and<br />
education. I encourage all clerks to join the LMCA<br />
and attend these conferences, not only for the<br />
education, but for the networking opportunities that<br />
are invaluable to your position. I am looking forward<br />
to speaking to attendees this year on the Lawrason<br />
Act, legislative charters, and home rule charters, and<br />
I appreciate being invited annually (I guess I must be<br />
doing something right!). The LMA is proud to sponsor<br />
the Louisiana Municipal Clerk Technical Assistance<br />
Program. Through this program, a veteran certified<br />
clerk provides technical guidance to a new municipal<br />
clerk. This is enabled through the LMA reimbursing the<br />
mentoring clerk for mileage, food, and lodging. The<br />
LMA offers a hearty salute to all Louisiana municipal<br />
clerks – we commend you for your professionalism and<br />
hard work!<br />
Our prayers and thoughts go out to our colleagues in<br />
North Carolina and South Carolina, as they deal with<br />
the devastation from flooding caused by Hurricane<br />
Florence. We in Louisiana know all too well what they<br />
are going through and what lies ahead for their long<br />
recovery. I have been in contact<br />
with my counterparts and have<br />
offered any assistance from the<br />
LMA that may be needed as they<br />
work with their members to begin recovery.<br />
As <strong>2018</strong> begins to wind down, we will look ahead to<br />
the 2019 LMA Mid-Winter Conference and reenergize<br />
our focus on the 2019 Legislative Session. The 2019<br />
session will be a shorter, 65-day fiscal session. The<br />
LMA legislative team has already begun visiting with<br />
legislators about the issues local governments are<br />
facing and will continue to do so throughout the<br />
remainder of the year.<br />
Have a great <strong>October</strong> and enjoy a safe and happy<br />
Halloween.<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 3
President’s Message<br />
COME GROW WITH US<br />
BY MAYOR HARRY LEWIS, TOWN OF RAYVILLE<br />
It has been said that the slogan,<br />
“You’ve Come a Long Way, Baby”<br />
can be applied to our great<br />
organization. It began 92 years<br />
ago when officers of Louisiana<br />
cities organized the Louisiana Conference of Mayors. It is<br />
believed that 29 towns and cities joined in this program<br />
to promote better municipal governments. As with any<br />
organization, the Louisiana Municipal Association survived<br />
many challenges and changes. However, the mission of the<br />
LMA has remained constant: (1.) to provide education on<br />
municipal issues; (2.) to promote local governments; and<br />
(3.) to exchange ideas and experiences among elected<br />
leaders throughout the state.<br />
Since 1927, the LMA membership has increased from 29<br />
towns and cities to 305 members consisting of 127 villages,<br />
112 towns, 64 cities and 2 parishes. We strongly encourage<br />
other municipalities to join us. Our success is contingent<br />
upon the support and engagement of LMA membership.<br />
It is an organization that is inclusive, diverse and with<br />
numerous benefits.<br />
The LMA works diligently with state and local<br />
governments on issues important to our municipalities.<br />
Our Executive Director and his staff, along with our<br />
Executive Counsel and LMA legislative team actively<br />
track bills and keep members abreast of their status.<br />
Additionally, I will add my voice to theirs and actively<br />
support or oppose a bill. I respectfully urge you to stay in<br />
contact with your representatives, now and during session,<br />
and attend meetings when possible.<br />
Educational training on issues that affect our towns, cities,<br />
and villages are provided at District Meetings, Mid-Winter<br />
Conferences, and Annual Conventions. Topics of interest,<br />
such as Blighted Property, Open Meetings, Public Records,<br />
and Preparation for 2020 Census have been valuable<br />
learning workshops at annual conferences. Webinar series<br />
are also valuable learning tools.<br />
The LMA has several publications. The Louisiana<br />
Municipal Review is the most notable of these. It is our<br />
Searching for the right fit?<br />
THAT IS OUR SPECIALTY.<br />
Comprehensive Executive Recruitment<br />
focused on matching professional skills,<br />
management style and core values to fit your<br />
organization’s specific requirements.<br />
waters-company.com 800.899.1669<br />
official monthly publication and contains a wealth of<br />
information. It shares information, ideas and interesting<br />
topics. If you want to contribute newsworthy articles<br />
about your, villages, towns, or city, please contact LMA<br />
Communications Coordinator.<br />
The Louisiana Municipal Association is there when you<br />
need us. We are ready to share resources and support.<br />
By sharing with one another, we ensure that the whole is<br />
greater than the sum of its parts. The LMA is more than an<br />
organization, we are a family.<br />
We have faced multiple natural diseases, lost property,<br />
homes and loved ones. But we are resilient, strong and<br />
trust in our God. Please join our beloved, awesome LMA<br />
as we press on, press up and press for continued success!<br />
God bless each of you.<br />
Calendar of Events<br />
<strong>October</strong><br />
1 Sharing HR Solutions Seminar, 9:30 a.m.-<br />
3:30 p.m. at the LMA Office Building, 700<br />
North 10th Street, Baton Rouge, 70802.<br />
2-4 BOAL ICC Training, Eastbank Council<br />
Chambers, Joseph S. Yenni Building, 1221<br />
Elmwood Park Blvd, 2nd Floor, Jefferson, LA<br />
70123.<br />
10 Louisiana Municipal Association Executive<br />
Board Meeting will start at 10:00 a.m. in the<br />
LMA Office Building, 700 North 10th Street,<br />
Baton Rouge, 70802, First Floor Meeting<br />
Room 2.<br />
16 BOAL Executive Board Meeting will start<br />
at 9:00 a.m. in the LMA Office Building, 700<br />
North 10th Street, Baton Rouge, 70802.<br />
17 LMGA Executive Committee Meeting will<br />
start at 10:00 a.m. in the LMA Office Building,<br />
700 North 10th Street, Baton Rouge, 70802.<br />
The LMGA Board of Directors Meeting will<br />
follow at 11:00 a.m<br />
17-18 Louisiana Association of Chiefs of Police Fall<br />
Conference will be held Oct 17-18 in Baton<br />
Rouge at the Downtown Hilton.<br />
18 LaMATS Webinar on LPS (LaMATS Purchasing<br />
Services) will be presented at 10:00 a.m.<br />
Check the LMA website at www.lma.org for<br />
login information.<br />
21-26 Louisiana Municipal Clerks Institute. Embassy<br />
Suites, Baton Rouge.<br />
Page 4<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Inside the LMA<br />
Governor’s Column<br />
STRENGTHENING LOUISIANA’S FUTURE<br />
BY JOHN BEL EDWARDS, GOVERNOR OF LOUISIANA<br />
Autumn is here and admittedly, this is<br />
one of my favorite times of the year.<br />
With the cooler weather, the holidays<br />
and of course, lots of football, there are<br />
so many great things to look forward<br />
to. I certainly hope that all of you<br />
enjoy it as well. Given your diligent<br />
and dedicated work for the citizens of<br />
our great state, you certainly deserve<br />
to do so. The heartbeat of any place is<br />
its people, and it is your service to our<br />
people that is greatly appreciated. Real<br />
leadership matters.<br />
There’s good news for our state. For the second year<br />
in a row, Louisiana will have a budget surplus, some<br />
$300 million from the fiscal year that ended on June<br />
30, <strong>2018</strong>. It’s mainly attributed to personal income and<br />
corporate taxes coming in higher than projected, and<br />
we hope that’s an indication that our state’s economy<br />
is continuing to improve. There were more jobs, people<br />
brought home better paychecks, and businesses were<br />
more profitable. This is quite a contrast to our state<br />
budget situation, when I first took office, when we<br />
were facing a nearly $3 billion shortfall. With your help,<br />
for the first time in nearly a decade, we have been<br />
able to stabilize our budget and revenues, and we are<br />
budgeting more responsibly.<br />
With all of this progress and the hope we have for<br />
strengthening Louisiana’s future, it is incredibly<br />
important that we focus on ensuring that our children<br />
are better prepared for the opportunities we hope to<br />
provide them. That is why I am making it one of my<br />
top priorities to support the hardworking teachers of<br />
our state for a pay raise. Teachers are pillars of every<br />
community in Louisiana and deserve to be paid much<br />
more for the hard work that they put into educating<br />
our next generation of leaders.<br />
I know that one of the major issues everyone is<br />
concerned about is providing increased flood<br />
protection to our communities. We know that what<br />
happens in one watershed either directly or indirectly<br />
impacts another, which is why we must to come<br />
up with regional and innovative ways to mitigate<br />
the risks. Nearly every parish was impacted by the<br />
historic flooding of 2016 and we have learned so much<br />
about how to further strengthen our resilience. That’s<br />
why I created the<br />
Louisiana Watershed<br />
Council earlier<br />
this year, and I’m<br />
happy to report that the work has<br />
already started. The Council, which<br />
has launched the Louisiana Watershed<br />
Initiative, held its fourth meeting last<br />
month and received updates on the<br />
planning, projects, community outreach<br />
and ongoing flood risk reduction efforts<br />
that are currently taking place across<br />
the state. The Council is comprised<br />
of the Office of Community Development (OCD),<br />
the Department of Transportation and Development<br />
(DOTD), the Coastal Protection and Restoration<br />
Authority (CPRA), the Governor’s Office of Homeland<br />
Security and Emergency Preparedness (GOHSEP), and<br />
the Louisiana Department of Wildlife and Fisheries<br />
(LDWF). By working together we will make things<br />
better for our people and our state. The Council will<br />
travel around the state in the weeks ahead to promote<br />
the initiative and inform local officials. I hope that you<br />
can attend one of the events. Here are the dates and<br />
locations:<br />
Lafayette - <strong>October</strong> 8<br />
Monroe- <strong>October</strong> 16<br />
Shreveport- <strong>October</strong> 17<br />
Alexandria - <strong>October</strong> 18<br />
Houma/Thibodaux - <strong>October</strong> 23<br />
Lake Charles - November 7<br />
Baton Rouge - November 14<br />
Hammond - November 15<br />
God bless you all, and thank you for your unwavering<br />
service towards making Louisiana the best that it can be.<br />
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16260 Airline Highway, Suite B<br />
Prairieville, LA 70769<br />
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www.riskwise.biz<br />
O 225.313.4448<br />
C 225.413.7542<br />
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<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 5
Legal Briefs<br />
ANOTHER LEGISLATIVE HURDLE?!<br />
BY KAREN DAY WHITE, EXECUTIVE COUNSEL<br />
News and social media outlets are littered lately with<br />
discussions of partisanship in the Louisiana Legislature,<br />
and how such a dynamic makes it very difficult to<br />
get even innocuous legislation passed. On top of<br />
regional and party interests, there is also an element<br />
of infringement from national groups, who attempt to<br />
insert their national political agenda into state (and<br />
sometimes even local) politics. Now, there is another<br />
obstacle for local government advocates to contend<br />
with: corporatism.<br />
This is an alarming trend whereby powerful private<br />
corporations use their influence to reduce, restrict,<br />
and prohibit local regulations of their industry. This<br />
dovetails into the recent rise in preemptive state<br />
legislation regarding local governments – from plastic<br />
bags, to parking, to zoning and taxation issues. Under<br />
the corporatism scheme, large trade associations<br />
leverage the power to push through legislation that<br />
would be harmful to state government in exchange for<br />
state preemption of local government authority.<br />
For example, during the <strong>2018</strong> legislative session in<br />
California, the American Beverage Association, who<br />
represents the major soda and sugar-sweetened<br />
beverage brands, proposed to push a measure onto the<br />
November ballot that would have seriously weakened<br />
the ability of California governments to raise revenue.<br />
They dropped that push in exchange for a ban on<br />
new local taxes on sweetened beverages until 2030.<br />
Other examples include the 25-state preemption of<br />
local minimum wage-setting, the 22-state ban on<br />
local workers earning paid sick days, and the 43-state<br />
preemption on locals establishing their own parameters<br />
for gun control. Whatever your opinion is on these<br />
issues, local governments are endowed with the<br />
authority to make the decisions that best reflect their<br />
community standards and goals.<br />
Given the myriad of proposed preemptive legislation at<br />
the Louisiana State Capitol in recent years, one is left<br />
to wonder how much is due to corporate pressure and<br />
national political action groups.<br />
Municipal leaders are in the best position to make<br />
decisions to ensure public safety, seek racial and<br />
economic equity, pursue quality of life measures, and<br />
provide for fair elections. Local governments can take<br />
charge of their own affairs in a way that provides full<br />
accountability to their citizens, and<br />
they should not live under constant<br />
threat of state interference because<br />
their local decisions cross corporate interests. The<br />
tiered system of democracy – federal, state, and local –<br />
only works if all three levels function effectively.<br />
The LMA, in collaboration with our local government<br />
partners, will continue to fight back against preemptive<br />
legislation, as we have consistently in the past. Your<br />
voice and your participation in our legislative efforts<br />
are essential to our success. Thank you for being<br />
engaged and watch for more calls to action during the<br />
next session.<br />
Looking for<br />
Salary Data?<br />
Through a partnership with<br />
SurveyNavigator, LMA<br />
members can find salary data for<br />
more than 60 jobs commonly<br />
found in Louisiana local<br />
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interface, Louisiana’s elected and<br />
appointed officials can make<br />
hiring and advancement decisions<br />
with confidence in the most<br />
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Compare directly<br />
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Page 6<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Inside the LMA<br />
Beauregard Parish Fair<br />
Oct 2-6, DeRidder<br />
beauregardparishfair.vpweb.com<br />
Hometown Happenings<br />
Bridge City Gumbo Festival<br />
Oct 12-14, Bridge City<br />
www.bridgecitygumbofestival.org<br />
Harvest Festival on False River<br />
Oct 19-21, New Roads<br />
www.harvestfestivalnewroads.com<br />
St. Tammany Parish Fair<br />
Oct 3-7, Covington<br />
www.sttammanyparishfair.info<br />
Tangipahoa Parish Fair<br />
Oct 3-7, Amite<br />
www.tangipahoaparishfair.org<br />
La Fete Des Vieux Temps<br />
Oct 5-7, Raceland<br />
Acadia Music Fest<br />
Oct 6, Thibodaux<br />
www.acadiamusicfest.net<br />
Antique Village Fall Festival<br />
Oct 6, Denham Springs<br />
www.denhamspringsantique<br />
district.com<br />
Beignet Fest<br />
Oct 6, New Orleans<br />
www.beignetfest.com<br />
Bloody Mary Festival<br />
Oct 6, Monroe<br />
www.downtownrivermarket.com<br />
Livingston Parish Fair<br />
Oct 9-14, Livingston<br />
www.livingstonparishfair.org<br />
Louisiana Cotton Festival<br />
Oct 9-14, Ville Platte<br />
www.louisianacottonfestival.com<br />
Zwolle Tamale Fiesta<br />
Oct 11-13, Zwolle<br />
www.zwolletamalefiesta.com<br />
Louisiana Cattle Festival & Fair<br />
Oct 12-14, Abbeville<br />
www.louisianacattlefestival.org<br />
Louisiana Gumbo Festival<br />
of Chackbay<br />
Oct 12-14, Thibodaux<br />
www.lagumbofest.com<br />
St. Peters Fishermen’s Festival<br />
Oct 12-14, Reserve<br />
www.stpeterreserve.org<br />
Teddy’s Bear Fest<br />
Oct 13, Tallulah<br />
Louisiana Tournoi<br />
De La Ville Platte<br />
Oct 14, Ville Platte<br />
www.louisianatournoi.com<br />
Calcasieu Cameron Parish Fair<br />
Oct 17-21, Sulphur<br />
www.calcamfair.com<br />
Washington Parish Free Fair<br />
Oct 17-20, Franklinton<br />
www.freefair.com<br />
International Rice Festival<br />
Oct 18-20, Crowley<br />
www.ricefestival.com<br />
St. John Andouille Festival<br />
Oct 19-20, LaPlace<br />
www.andouillefestival.com<br />
Louisiana Food & Music Festival<br />
Oct 20, Monroe<br />
www.downtownrivermarket.com<br />
Ragley Heritage &<br />
Timber Festival<br />
Oct 20, Ragley<br />
www.visitlakecharles.org<br />
Rougarou Fest<br />
Oct 20-21, Houma<br />
www.rougaroufest.org<br />
Greater Baton Rouge State Fair<br />
Oct 25 – Nov 8, Baton Rouge<br />
www.gbrsf.com<br />
State Fair of Louisiana<br />
Oct 25-Nov 11, Shreveport<br />
www.statefairoflouisiana.com<br />
French Food Festival<br />
Oct 26-28, Larose<br />
www.bayoucivicclub.org<br />
Sabine Free State Festival<br />
Oct 26-28, Many<br />
Holy Smoke BBQ Cook-off &<br />
Praise Festival<br />
Oct 27, DeQuincy<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 7
Attorney General’s Opinions<br />
BY JEFF LANDRY, ATTORNEY GENERAL<br />
Prohibited Donations<br />
Opinion: 18-0008 La. Const. art. VII, §14<br />
(A) prohibits the payment of wages<br />
earned more than three years in the past<br />
due to the liberative prescriptive period<br />
for unpaid wages found in La. Civ. C. art. 3494. Opinion Released:<br />
8/20/<strong>2018</strong><br />
Opinion: 18-0015 La. Const. art. VII, §14 would not prohibit the<br />
City from retroactively paying earned compensation to two<br />
employees for new and additional duties actually performed if<br />
the City obligated itself to make such payments and if the City<br />
deems that it received a benefit commensurate with the amount<br />
of the additional compensation to be paid. Opinion Released:<br />
8/20/<strong>2018</strong><br />
Opinion: 18-0105 If the installation of a culvert is for the sole<br />
benefit of private landowner, then installation of the culvert<br />
would be the responsibility of the private landowner. However, if<br />
installation of the culvert is for the benefit of the public at large,<br />
then the police jury could install the culvert. Opinion Released:<br />
8/20/<strong>2018</strong><br />
Blight Abatement<br />
Opinion: 18-0079 The privilege Golden Meadow may assert<br />
under its authority to condemn dangerous structures ranks first<br />
among privileges and ahead of all mortgages in any particular<br />
property to which that privilege may apply. Opinion Released:<br />
8/21/<strong>2018</strong><br />
Ad Valorem Taxes<br />
Opinion: 17-0107 A surviving spouse occupying property as<br />
his homestead and holding a full ownership interest over fifty<br />
percent of the property and a usufruct over the other fifty percent<br />
may qualify for the homestead exemption and the special<br />
assessment level if the requirements of La. Const. art. VII, § 20(A)<br />
(2) and La. Const. art. VII, § 18(G)(2) are met. Opinion Released:<br />
9/6/<strong>2018</strong><br />
Public Records<br />
Opinion: 18-0115 All records described in La. R.S. 44:1(A)(2), are<br />
public records of the State of Louisiana. Records that do not conform<br />
to the definition provided by the Louisiana Legislature are<br />
not subject to the provisions of Title 44 of the Louisiana Revised<br />
Statutes. Opinion Released: 9/5/<strong>2018</strong><br />
Page 8<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Municipalities<br />
Condolences<br />
Mayor Paxton Branch, Sr., Tallulah<br />
The City of Tallulah mourns the<br />
death of Mayor Paxton Branch who<br />
passed away on September 1, <strong>2018</strong> at<br />
the age of 51. Mayor Branch served<br />
LMA faithfully as the former District<br />
C Vice President. He had just<br />
announced his intent to run in 2019<br />
for Second Vice President. “Mayor<br />
Branch was a good friend of the<br />
Mayor Paxton Branch<br />
LMA,” said LMA Executive Director<br />
John Gallagher, who travelled to Tallulah for both the<br />
memorial celebration and funeral services. “We will<br />
definitely miss him. Along with being a devout Christian<br />
and family man, Mayor Branch had a true vision for<br />
Tallulah.”<br />
Rayville mayor and LMA President Harry Lewis<br />
remembers him as a friend. “We are just all in shock,” said<br />
Lewis. “We will encourage and support his family and<br />
want them to know if there’s anything we can do, we will<br />
be there for them. I’ve known him for many years and<br />
more than anything else, he’s my friend. I’m going to miss<br />
him and his leadership and friendship. I’ll always carry it.”<br />
Branch leaves behind his wife Mildred, children Arnetria<br />
and Paxton II and a granddaughter Salayla.<br />
Alderman James Clifton, Sr., Oil City<br />
The Town of Oil City is mourning the passing of long<br />
term alderman, James Clifton, Sr. He had been serving on<br />
the council for the past 26 years and was the brother-inlaw<br />
of the late Mayor Charles “Chip” Dickey, Jr.<br />
Alderman Clifton was a retired Chief Master Sergeant<br />
for the U.S. Air Force; longtime member, deacon, and<br />
clerk for Ferry Lake Baptist Church; and member of the<br />
Rotary Club, Ward II.<br />
He passed away on Tuesday, September 4, <strong>2018</strong>.<br />
Former Mayor Raywood LeMaire, Vinton<br />
Former Vinton Mayor Raywood LeMaire passed away on<br />
September 11, <strong>2018</strong>, after a long battle with cancer.<br />
He served as Mayor of the Town of Vinton for 22 years -<br />
from 1972-1989, and again from 1997-2001.<br />
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<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 9
Reminder Regarding Capital Outlay Requests for FY 2019-2020<br />
Proposed for Consideration in the 2019 Legislative Session<br />
By James Purpera Governmental Consulting<br />
The November 1st deadline for Capital Outlay Requests<br />
to be submitted for consideration in next year’s budget<br />
is not far away. If you are planning to request a new<br />
project or update or make a revision to a previously<br />
requested or currently funded project, you should be<br />
working on trying to finalize your cost and project<br />
description information.<br />
IMPORTANT<br />
Pursuant to recent<br />
changes in RS<br />
39:102, requests for<br />
non-state projects<br />
are now required to<br />
include an estimate of the required local match and the<br />
amount of the local match expended.<br />
A new capital outlay request including a letter of support<br />
must be submitted for Fiscal Year 2019-2020 for any<br />
nonstate project granted a line of credit for Fiscal Year<br />
<strong>2018</strong>-2019 (the current fiscal year). Even if your project<br />
is fully funded, underway, or even complete, if you have<br />
an outstanding Line of Credit or State General Fund<br />
Cash in the current year Capital Outlay Budget Act then<br />
technically this rule requires you to re-submit a capital<br />
outlay request to reflect the current status of your<br />
project.<br />
All capital outlay requests must include a physical<br />
location (address, closest intersection, etc.) of the<br />
project.<br />
All copied forward capital outlay requests (in eCORTS)<br />
must be revised to show “updated information” including<br />
prior funding, match information, scope, legislators,<br />
operating budget, etc.<br />
If you have been submitting capital outlay requests for<br />
years you will recall that, prior to the above referenced<br />
changes, projects for which a line of credit had been<br />
granted were not required to re-submit capital outlay<br />
requests for the amounts that had been previously<br />
granted a line of credit; however, now they are required<br />
to re-submit.<br />
There is a process for submitting requests after<br />
November 1st, but the late submittal process has<br />
limitations that affect what can be requested and the<br />
total project cost.<br />
November 1st is also the deadline for submittal of<br />
Legislator letters of endorsement for your Capital Outlay<br />
Request.<br />
The new website for the Capital Outlay Request eCORTS<br />
application is https://wwwcfprd.doa.louisiana.gov/<br />
ecorts/default.cfm. If you have the old eCORTS address<br />
bookmarked, please update it to reflect this new address<br />
for eCORTS.<br />
Non-Governmental Organizations (NGO’s) submitting<br />
Capital Outlay Requests are required to also submit<br />
an NGO Supplemental Information/Disclosure form.<br />
The NGO database can be accessed from the joint<br />
legislative web page http://legis.state.la.us/ by clicking<br />
on the Fiscal Information link, then click on Enter a<br />
New Funding Request under the Non-Governmental<br />
Organizations heading.<br />
CAPITAL OUTLAY FUNDING OUTLOOK<br />
The outlook for Capital Outlay funding for the 2019<br />
Legislative Session should be much better than it has<br />
been in recent years primarily for the following reasons:<br />
• The election for Governor and the Legislature is<br />
scheduled for November 2019, and election years have<br />
traditionally been good for Capital Outlay.<br />
• The recently approved sales tax extension should keep<br />
the State Revenue situation in good shape through<br />
2025 so the Governor and Legislators will not be able<br />
to use the “fiscal cliff” argument as a reason to not<br />
help you with your Capital Outlay Requests in the<br />
2019 Legislative Session.<br />
• For the past three years, the Administration has<br />
slowed down the addition of new projects to the<br />
Capital Outlay Budget to the point where now the<br />
approved project funding amount is becoming more<br />
closely aligned with the funding actually available<br />
in the Capital Outlay Escrow Account in the State<br />
Treasury. The goal of this slow-down was to decrease<br />
the huge backlog of approved projects waiting for<br />
funding; and to allow projects with actual funding to<br />
get to the point where they can be given the OK to<br />
proceed more quickly. The State Bond Commission is<br />
planning to have a Capital Outlay Bond Sale in early<br />
2019, probably January; which should replenish the<br />
Capital Outlay Escrow Account to the level at which<br />
we will start to see more “funded” projects given the<br />
OK to proceed.<br />
Page 10<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
A Word from<br />
Our Affiliates<br />
Premium Service<br />
New Growth and a Fresh Face at LaMATS<br />
Insurance Premium Tax Collection (IPT) Program<br />
By Cliff Palmer<br />
The list of Louisiana municipalities now receiving IPT<br />
revenues through the long-running LaMATS collection<br />
program has reached an all-time high. The majority of cities<br />
and towns (with 65 and 89 participating, respectively),<br />
nearly half the state’s 107 smallest incorporated communities,<br />
and several parishes now count on LaMATS to deliver<br />
on this vital budget item.<br />
Among the earliest of LaMATS technical services, the twenty-year<br />
old IPT program has grown significantly since 2010<br />
IPT program growth has accelerated in recent years.<br />
and recently passed the two-thirds mark toward its goal<br />
of serving every LMA member municipality not collecting<br />
insurance premium taxes on its own.<br />
“This is a major milestone for us,” said LaMATS Board President,<br />
Mayor Clarence Fields. “We’re grateful to our participating<br />
local governments for their trust, and we’re eager<br />
to demonstrate our value to others.”<br />
What makes the IPT program so popular? With over 1,200<br />
insurance companies doing business in Louisiana, it can<br />
be hard to ensure each pays its fair share for the privilege<br />
of that business. LaMATS collection service is proven to<br />
increase IPT revenues and streamline distribution while<br />
significantly reducing insurance companies’ delinquent<br />
payments.<br />
In all, $22.9 million in collected revenues now pass annually<br />
through the program and into the coffers of local governments<br />
across the state. And as it happens, every penny<br />
of that sum passes through the hands<br />
of LaMATS IPT Program Manager, Ms.<br />
Mary Joseph.<br />
Known by friends and colleagues as<br />
“MJ,” Mary joined the LaMATS team<br />
in <strong>October</strong> 2016 after working in the<br />
LMA’s accounting office since 2010.<br />
She takes her new responsibilities<br />
with a seriousness belied by the quick<br />
wit and ready smile she shares with<br />
co-workers and customers alike.<br />
Meeting LMA members’ needs and<br />
making sure every dollar is accounted for requires both<br />
order and creativity. While incoming funds from hundreds<br />
of insurance companies are carefully tallied and monthly<br />
checks are distributed to members, the value of the work<br />
lies in the trust municipalities give the program manager<br />
to operate on their behalf.<br />
The other part is pure detective work and sometimes it is<br />
necessary to track companies down and make sure they’re<br />
fully aware of their responsibilities. The companies seem<br />
to appreciate having a centralized point of contact statewide—a<br />
direct benefit to efforts at reducing delinquent<br />
payments.<br />
LaMATS looks forward to pushing the percentage of LMA<br />
members served as high as it can go in the coming years.<br />
To join the LaMATS IPT collection program, contact Mary<br />
Joseph, Program Manager, via email at mary@lamats.net<br />
_______________<br />
IPT Program Manager<br />
Mary Joseph<br />
Editor’s Note: A heading in the September edition of the <strong>LMR</strong><br />
incorrectly dates the LaMATS Board of Directors as 2017-18.<br />
All officers listed on page 11 of Vol. 83, No. 9, have been elected<br />
for the <strong>2018</strong>-19 year.<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 11
LCAA Fall Conference<br />
The Louisiana City Attorneys Association conducted<br />
its <strong>2018</strong> fall education conference on September 21-<br />
22, at the Embassy Suites Hotel in Baton Rouge. City<br />
attorneys and municipal representatives attended the<br />
two-day training where Russell J. Cremaldi, counsel<br />
for the City of Patterson, was confirmed as the <strong>2018</strong>-<br />
19 LCAA President. LCAA members also elected other<br />
officers on Saturday for the <strong>2018</strong>-19 term: Numa<br />
Metoyer, III, Town of Colfax, Vice-President; Ruby<br />
Freeman, Town of Boyce, Secretary/Treasurer; Phil<br />
Canova, City of Plaquemine, City Representative; Roy<br />
K. Burns, Village of Folsom, Village Representative; and<br />
Wilbur Reynaud, Town of Lutcher, Town Representative.<br />
Congratulations to each of these municipal attorneys<br />
for the leadership that they provide for LCAA<br />
members.<br />
Conference workshops included presentations on<br />
public bid law and legislative updates, the Wayfair v<br />
South Dakota decision, the LA Code of Governmental<br />
Ethics, professionalism, legal ethics, and recent<br />
President-elect Russell Cremaldi presents a plaque to outgoing president<br />
Maurice Trippi.<br />
developments<br />
in the Code of<br />
Civil Procedure.<br />
Dinah “Penny”<br />
Ambeau-Scott,<br />
LMA Membership<br />
Services<br />
Coordinator,<br />
spearheaded the<br />
planning and<br />
coordination of<br />
this event, and<br />
she is excited<br />
to already<br />
be planning<br />
the LCAA<br />
2019 Spring<br />
Conference,<br />
which is<br />
scheduled for<br />
Friday, March 29, 2019. Please save this date on your<br />
calendar, as well as the LCAA 2019 Fall Conference,<br />
which is scheduled for Friday and Saturday, <strong>October</strong><br />
4-5, 2019 at the Embassy Suites in Baton Rouge.<br />
Page 12<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
A Word from<br />
Our Affiliates<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 13
Louisiana Watershed Initiative<br />
In response to the devastation<br />
caused by the Great Floods of<br />
2016, Gov. John Bel Edwards<br />
charged several state agencies<br />
with coordinating their efforts<br />
to reduce future flood risk<br />
and help communities take<br />
steps toward becoming more<br />
resilient. For the past two years,<br />
these agencies have been<br />
hard at work to accomplish<br />
this mission. To that end, Gov.<br />
Edwards issued an executive<br />
order creating the Council on<br />
Watershed Management, which builds on best practices<br />
already implemented in some areas of the state.<br />
The Council comprises decision-makers at five state<br />
agencies that deal with flood-risk management and<br />
represents a distinct shift from the status quo in<br />
Louisiana’s flood-risk reduction efforts. The Council<br />
will coordinate its efforts to empower and enable local<br />
governments and stakeholders to address flood risks<br />
on a watershed basis, as opposed to the political and<br />
jurisdictional boundaries that have historically driven the<br />
process.<br />
To this end, the Council has launched the Louisiana<br />
Watershed Initiative. Through the Initiative, the Council<br />
established technical advisory groups consisting of<br />
subject matter experts from throughout the state<br />
who will build a foundation of data, projects, policies,<br />
standards and guidance to manage our state’s water at<br />
the watershed level. One of the core principals of the<br />
technical advisory groups is to fully engage municipal<br />
and parish government officials and professionals,<br />
as well as the public and other stakeholders, into all<br />
recommendations and approaches undertaken by the<br />
Watershed Initiative and Council.<br />
The Great Floods of 2016 devastated thousands of<br />
Louisianians; without a coordinated effort at the<br />
watershed level, we can anticipate more of the same.<br />
We owe it to each of our residents to act responsibly<br />
with this coordinated approach across all levels of<br />
government. We must accept this charge by diligently<br />
applying objective, science-driven approaches to reduce<br />
future flood risk and achieve the best possible long-term<br />
sustainability and resilience in our communities.<br />
In September, the Initiative started hosting a series of<br />
meetings and technical workshops throughout Louisiana.<br />
At these events, municipal leaders and their staff have<br />
been integral participants in the ongoing development of<br />
data and plans that will inform these efforts.<br />
The schedule for all Louisiana Watershed Initiative<br />
meetings is located online at http://watershed.la.gov. We<br />
hope you will join us at these events, as well as actively<br />
engage your municipality with the Initiative by emailing<br />
us with your questions, comments and concerns at<br />
watershed@la.gov.<br />
Before digging, call 811<br />
at least two full work days in advance.<br />
That’s all it takes to notify LA One Call<br />
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IT’S THE LAW. IT’S FREE.<br />
Call or click www.LAOneCall.com<br />
Page 14<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Partner Insight<br />
Rural Development<br />
USDA PROVIDES RESOURCES TO HELP RURAL COMMUNITIES THRIVE<br />
BY USDA RURAL DEVELOPMENT STATE DIRECTOR DR. CARRIE CASTILLE<br />
USDA works every day to strengthen rural communities<br />
throughout the state. For many municipalities seeking<br />
funding opportunities, federal regulations can be the<br />
downfall for innovation and economic opportunities.<br />
USDA is committed to removing regulatory red tape that<br />
often is a barrier to rural prosperity. A plan to streamline<br />
program regulations and procedures to help increase<br />
access to capital in rural areas is in the works.<br />
In 2020, USDA will allow<br />
lenders to use the same<br />
application form for<br />
four Rural Development<br />
(RD) loan guarantee<br />
programs that provide<br />
funding for business<br />
development, infrastructure<br />
improvements, and<br />
essential community<br />
services. The Community<br />
Facilities Guaranteed Loan<br />
Program, the Water and<br />
Waste Disposal Guaranteed<br />
Loan Program, the Business<br />
and Industry Loan Guarantee Program and the Rural<br />
Energy for America Program will consolidate regulations<br />
to enhance customers experience. Lenders can apply<br />
online to better align modern lending practices,<br />
accelerate approval processes, increase capital to start<br />
and expand businesses, and build critical infrastructure.<br />
For more information, please see page 45091 of the<br />
Sept. 5 Federal Register.<br />
USDA also unveiled a new webpage featuring<br />
information about the importance of rural<br />
e-Connectivity and the ways the U.S. Department of<br />
Agriculture (USDA) is investing to help deploy highspeed<br />
broadband infrastructure in rural America.<br />
Reliable and affordable high-speed internet<br />
e-Connectivity acts as a catalyst for rural prosperity by<br />
enabling efficient, modern communications between<br />
rural American households, farms, ranches, businesses,<br />
schools, and health care centers. Yet, according to the<br />
Federal Communications Commission, 80 percent of the<br />
24 million Americans who lack broadband access live in<br />
rural areas and on tribal lands.<br />
USDA plays a key role in helping rural communities<br />
bridge this infrastructure gap<br />
through program investment,<br />
strategic partnerships, and<br />
Dr. Carrie Castille<br />
best practice implementation<br />
by investing in rural<br />
telecommunications infrastructure. This new website will<br />
give direct access to information on our decades-long<br />
programs that offer more than $700 million per year<br />
for modern broadband<br />
e-Connectivity in rural<br />
communities. In the coming<br />
months, USDA will almost<br />
double these longstanding<br />
programs with an<br />
additional $600 million to<br />
expand rural broadband<br />
infrastructure in unserved<br />
rural areas and tribal lands.<br />
As we are working to set<br />
up the new pilot program,<br />
USDA wants to hear the<br />
thoughts and needs of<br />
Americans living and<br />
doing business in rural communities. The new website<br />
includes a feedback form for the public and interested<br />
stakeholders to provide input on the design and<br />
requirements of the new pilot program.<br />
USDA is working to help expand economic opportunities<br />
and rural prosperity throughout Louisiana. As leaders in<br />
your communities, your guidance for change is extremely<br />
important. Please contact me, carrie.castille@la.usda.gov<br />
or (318) 473-7921, to let us know how we can help.<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 15
Treasury Notes<br />
START SAVING FOR COLLEGE EVEN WITH TOPS<br />
BY STATE TREASURER JOHN M. SCHRODER<br />
When I attended Southeastern<br />
Louisiana University, I worked<br />
several jobs to help pay for my<br />
college education. There was<br />
no TOPS program<br />
Thornton,<br />
when<br />
Musso,<br />
I was<br />
&Bellemin<br />
in school, and we<br />
didn’t have easy access to student loans. Financing<br />
I approve this ad copy for use in the following issues:<br />
for college was pretty limited; you either paid for<br />
everything out of pocket or you depended on savings.<br />
Today, many Louisiana families depend on TOPS, at<br />
least for tuition costs, and it looks like the program will<br />
be around for a while. TOPS doesn’t cover all college<br />
expenses, however, so it’s good to have additional<br />
savings set aside.<br />
Index Listings<br />
You can open a college savings account through the<br />
Student Tuition WATER Assistance TREATMENT and CONSULTANTS Revenue Trust (START)<br />
program. The program can be used to save money<br />
tax-free for tuition, room and board, books and fees.<br />
START can be used to pay expenses at any higher<br />
education institution or Louisiana Technical College<br />
school.<br />
START is called a 529 plan, and most states operate<br />
similar programs. Louisiana’s program is arguably one<br />
of the best in the nation, however.<br />
The minimum deposit to open a START account is<br />
$10, and there are no fees to<br />
participate in the program.<br />
Parents, grandparents and other<br />
individuals can open accounts<br />
for children.<br />
The program offers a variety<br />
of tax benefits. Up to $2,400<br />
in deposits can be deducted<br />
from taxable income reported<br />
to the state, or if the account<br />
owner files a joint return, the<br />
amount is $4,800. Earnings are<br />
tax-deferred, and withdrawals<br />
for qualified expenses are<br />
exempt from state and federal<br />
taxes. Your START beneficiary<br />
pays no taxes on their<br />
disbursements, and you can<br />
change beneficiaries without<br />
tax consequences, provided that<br />
the new beneficiary is a member<br />
of the family of the previous<br />
Membership Directory<br />
<strong>2018</strong> Roster Edition<br />
Official Publication of the<br />
Louisiana Rural Water Association<br />
beneficiary.<br />
Pub Code<br />
Tel:(800) 369-6220, (352<br />
You can use START to invest in a variety of options<br />
Fax: (352) 331-3<br />
-- ranging from very conservative to aggressive --<br />
depending on the age of your dependent and how<br />
soon he or she will be entering college. Louisiana<br />
LWR-R0018 matches your investments from 2 percent to 14 percent<br />
depending on your income. The highest match is<br />
Authorized Signature:<br />
available for families who earn less than $30,000 a<br />
year.<br />
Date:<br />
A new federal tax change Artwork makes Contact: 529 accounts even<br />
more beneficial to parents by allowing for the creation<br />
of savings accounts for the payment of K-12 private<br />
school tuition. Louisiana will roll out its START<br />
K-12 savings program statewide this year, but in the<br />
meantime, the option is available to families who had<br />
START accounts as of December 31, 2017.<br />
Advertising Space<br />
Those START account owners are able to request<br />
a one-time disbursement of up to $10,000 for K-12<br />
expenses. Such disbursements cannot exceed the<br />
START account balance as of December 31, 2017, nor<br />
can they exceed the current account balance. As of<br />
September 6, <strong>2018</strong>, there have been 396 disbursements<br />
for the payment of K-12 expenses totaling more than<br />
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SEE TREASURY PAGE 21<br />
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Page 16<br />
707693_Thornton.indd 1<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong><br />
8/21/14 8:33 PM
Partner Insight<br />
Put Advance Refundings Back on the Table<br />
BY NNAMDI THOMPSON, GOVERNMENT CONSULTANTS<br />
The National League of Cities just released their<br />
33rd annual City Fiscal Conditions survey. It gives a<br />
snapshot into how City Finance Officers view their<br />
respective city’s financial outlook. The NLC conducts<br />
an online survey each year to get a handle on what<br />
their membership forecasts and what issues to lobby to<br />
Congress.<br />
Some takeaways:<br />
• Finance officers from the smallest cities are more<br />
likely to report that their cities are less likely to meet<br />
their fiscal needs this year as compared to last year.<br />
• Employee wages, public safety, and infrastructure<br />
are the most common areas for increased spending.<br />
• General Fund expenditures are increasing faster than<br />
revenues.<br />
• Major tax sources (Property and Sales Tax) grew<br />
slower in the last year.<br />
• It is difficult to gauge how the provisions of the<br />
Federal Tax Cuts and Jobs Act affect city finances.<br />
One of the provisions, the elimination of advance<br />
refunding bonds, is seen as negative to future city<br />
finances (61%).<br />
Concerning the last point, respondents felt it was too<br />
soon to see how the Act affected their balance sheet.<br />
However, one of the provisions in the Act was singled<br />
out for concern. The Act eliminated the Advance<br />
Refunding Bonds. If an issuer wants to refinance<br />
their existing bonds, they could issue new bonds at<br />
SEE REFUNDINGS PAGE 21<br />
GOVERNMENT CONSULTANTS, INC.<br />
Specializing in Bond Issues and Financing<br />
L. Gordon King<br />
Dede Riggins<br />
Nnamdi I. Thompson<br />
Shaun B. Toups<br />
David M. Medlin<br />
James R. Ryan<br />
Stephen Holley<br />
(MSRB Registered Municipal Advisors)<br />
700 North 10 th Street Annex Bldg.<br />
Baton Rouge, LA 70802<br />
(225) 344‐2098 (Phone) (225) 344‐5952 (Fax)<br />
gcla@gc‐la.net (email)<br />
OVERVIEW<br />
Modern day government has become a large financial<br />
enterprise, handling millions of dollars and facing<br />
service and revenue pressures. The governing<br />
authority and Administrator(s) face complex financial<br />
decisions ranging from the impact of property and<br />
sales taxes to the financing of capital improvements.<br />
As government finance has become more complex,<br />
the need for financial advice to base decisions upon<br />
has. The services of an expert Municipal Advisor are<br />
being used by more and more grown governmental<br />
units.<br />
A Municipal Advisor (or “MA”) serves as a<br />
consultant advising the governing authority on<br />
matters relating to the following:<br />
Financial feasibility of projects;<br />
Total cost analysis of financing alternatives;<br />
Review of capital improvement financing<br />
programs;<br />
Advice on the structuring and marketing of debt<br />
securities.<br />
The MA is an integral member of the governing<br />
authority’s management team, providing advice and<br />
analysis to assist in financial decision‐making.<br />
ECONOMIC DEVELOPMENT<br />
FINANCE ANALYSIS<br />
• Analyzing available alternatives in relation to<br />
cost to the governing authority and providing<br />
financial guidance and recommendations;<br />
• Analyzing from a cost/benefit standpoint the<br />
use of incentives (free land, subsidy of bond<br />
issues, utility improvements) to attract<br />
industry;<br />
• Providing a detailed upfront and long‐term<br />
financial analysis of costs to the governing<br />
authority versus benefits of the specific<br />
project; and<br />
• Serving as an economic development finance<br />
resource for the Governing Authority.<br />
We Have The Experience!<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 17
Unsung Heroes of Municipal Government<br />
By Douglas Schmidt, LCMC, LMCA Public Relations Officer<br />
The importance of a municipal<br />
clerk is demonstrated by the<br />
wording of the Lawrason Act,<br />
which provides that every<br />
municipality MUST appoint<br />
a clerk. Title 33 sets forth<br />
certain duties of the clerk:<br />
auditor, potential tax collector,<br />
minute-keeper, custodian<br />
of the municipal seal, and<br />
custodian of all ordinances<br />
and records. But, the myriad<br />
of responsibilities assumed<br />
by most municipal clerks far<br />
exceeds what is provided in<br />
the statutes.<br />
For every action undertaken<br />
by a municipal government –<br />
from contracts, to ordinances/<br />
resolutions, to purchasing – there is paperwork that<br />
must be carefully created, processed, and maintained.<br />
Further, the clerk is often the “face” of the municipality,<br />
interacting with the public daily regarding the things that<br />
matter to them the most. To a large extent, the success<br />
of a municipal government rests on the shoulders of the<br />
municipal clerk, and a well-trained clerk makes everyone’s<br />
lives easier. A clerk’s statutory duties coupled with<br />
the level of service that must be delivered daily to the<br />
mayors and the public, should come with an instruction<br />
manual and a superhero’s cape. Thankfully, the Louisiana<br />
Municipal Clerks Association (LMCA) provides both<br />
instructions and a cape in the form of the 43rd Annual<br />
Louisiana Municipal Clerk’s Institute (LMCI) and the<br />
Technical Assistance Program (TAP).<br />
The LMCA is the organization that provides critical training<br />
and mentorship opportunities for clerks. The LMCI will<br />
take place on <strong>October</strong> 21-26, <strong>2018</strong> at the Embassy Suites<br />
in Baton Rouge. Through generous contributions from<br />
LMA, LaMATS, and LMCA, clerks who might not otherwise<br />
be able to participate, due to limited financial resources<br />
of their municipality, are given the opportunity to attend<br />
and gain the knowledge needed to be effective municipal<br />
clerks. This year, ten scholarship applicants were awarded<br />
Mayor Eugene Smith Memorial LaMATS scholarships, and<br />
eight applicants were awarded Gloria King Memorial LMA/<br />
LMCA scholarships to attend LMCI training.<br />
The LMCI is a full week of classes and discussions on<br />
topics that affect all sizes of municipalities. It is of vital<br />
importance that we, as clerks, keep up with the laws that<br />
affect our cities, towns, and villages. For example, the<br />
LMCI provides training on public records and records<br />
retention. It is imperative<br />
that municipalities create<br />
record retention schedules<br />
so that they do not have an<br />
abundance of out of date<br />
files taking up much needed<br />
space. This is also important<br />
when public records requests<br />
are received so that the<br />
clerk, as custodian, knows<br />
exactly what records are<br />
available and where they are<br />
located. Additionally, LMCI<br />
classes allow clerks to gain<br />
points that accrue toward<br />
obtaining status as a Certified<br />
Municipal Clerk and eventually<br />
a Master Municipal Clerk.<br />
Friday morning sessions have<br />
been added to this year’s institute to provide even more<br />
points toward certification. We are hopeful for a record<br />
turnout this year, as the committee has booked some new<br />
speakers and topics, as well as fun activities.<br />
For new or fledgling clerks, the LMCA provides a program<br />
to gain expert assistance from an experienced certified<br />
clerk. Through the Technical Assistance Program,<br />
experienced clerks travel to other municipalities to mentor<br />
new clerks with hands-on knowledge about the municipal<br />
clerk’s responsibilities. This has been a very successful<br />
program that has enjoyed the full support of the LMA, and<br />
has been especially helpful for those new clerks unable to<br />
attend LMCI training. It is imperative that these new clerks<br />
know their responsibilities, and the legal and technical<br />
expertise of a certified clerk is essential to maintain<br />
operations within the boundaries of Louisiana law. For<br />
more information about the Technical Assistance Program,<br />
please contact LMCA Past President Sherry McCann at<br />
mccann.sherry@bellsouth.net, or LMA Member Services<br />
Coordinator Kelly Drone at kelly@lma.org.<br />
Every month, the LMCA features information in this<br />
publication through the “Clerk’s Corner.” We aim to<br />
apprise our members of upcoming events and provide a<br />
little levity through a “Lagniappe” section. For example,<br />
<strong>October</strong> is Health Literacy Month and Pizza Month. We<br />
encourage you to learn ways to stay physically and socially<br />
healthy, but to also leave room for the occasional slice or<br />
two of good pizza!<br />
Thank you to all of the municipal clerks who are indeed<br />
unsung heroes. Our united superpowers are keeping<br />
Louisiana strong!<br />
Page 18<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Sunday, <strong>October</strong> 21<br />
12:00 p.m. – 5:00 p.m.<br />
Registration<br />
1:00 p.m. – 5:00 p.m. [4]<br />
Basics of Being a Clerk<br />
LMCA Panel<br />
5:30 p.m. – 8:00 p.m.<br />
Evening Reception<br />
Monday, <strong>October</strong> 22<br />
7:30 a.m. – 5:00 p.m.<br />
Registration<br />
7:45 a.m. – 8:00 a.m. [.25]<br />
Opening Remarks<br />
8:00 a.m. – 9:00 a.m. [1]<br />
TBD<br />
9:00 a.m. – 10:00 a.m. [1]<br />
Dear Younger Me<br />
Nancy Boudreaux<br />
10:00 a.m. – 10:15 a.m.<br />
BREAK<br />
10:15 a.m. – 12:00 p.m. [1.75]<br />
MERS Municipal<br />
Responsibilities<br />
Susita Suire, Retirement<br />
Benefits Administrator<br />
12:00 p.m. – 1:30 p.m.<br />
Lunch (on your own)<br />
1:30 p.m. – 2:30 p.m. [1]<br />
Topic TBD<br />
Leman Raphael<br />
2:30 p.m. – 3:30 p.m. [1]<br />
Red Flags of<br />
Investment Scams<br />
Nancy Boudreaux<br />
3:30 p.m. – 3:45 p.m.<br />
BREAK<br />
3:45 p.m. – 4:30 p.m. [.75]<br />
Records Retention<br />
Carrie Martin<br />
4:45 p.m. – 5:45 p.m. [1]<br />
TBD<br />
Program Schedule<br />
6:00 p.m. – 7:15 p.m.<br />
Pizza & Game Night<br />
Please bring a gift not to<br />
exceed $10<br />
Tuesday, <strong>October</strong> 23<br />
7:30 a.m. – 5:00 p.m.<br />
Registration<br />
7:45 a.m. – 8:00 a.m. [.25]<br />
Opening Remarks<br />
8:00 a.m. – 3:00 p.m. [7]<br />
Education Excursion to<br />
Myrtles Plantation &<br />
Angola Prison<br />
St. Francisville<br />
3:00 p.m. – 4:00 p.m. [1]<br />
Nnamdi Thompson,<br />
Government Consultants<br />
4:00 p.m. – 4:30 p.m. [.5]<br />
Technical Assistance Program<br />
Sherry McCann, MMC,<br />
LMMC, Clerk Town of Sibley,<br />
Past President<br />
4:30 p.m. – 5:00 p.m. [.5]<br />
Certification Application<br />
Process<br />
LMCA Certification Committee<br />
5:00 p.m. – 5:30 p.m. [.5]<br />
LA Government Assistance<br />
Program (LGAP)<br />
Traci Watts, Director Office of<br />
Community Development<br />
Wednesday, <strong>October</strong> 24<br />
Crazy Hat Day<br />
7:30 a.m. – 5:00 p.m.<br />
Registration<br />
7:45 a.m. – 9:00 a.m. [1.25]<br />
Opening Remarks<br />
Lawrason, Homerule &<br />
Legislative Charters<br />
John Gallagher, Executive<br />
Director, LMA<br />
LMCI Agenda<br />
9:00 a.m. – 10:00 a.m. [1]<br />
Special Elections &<br />
Appointments<br />
Ray Wood, Attorney,<br />
Secretary of State<br />
10:00 a.m. – 10:15 a.m.<br />
BREAK<br />
10:15 a.m.– 11:00 a.m. [.75]<br />
Legislative Updates<br />
Karen White Executive<br />
Counsel, LMA<br />
11:00 a.m. – 12:00 p.m. [1]<br />
Best Practices: Taking<br />
Minutes & Writing Skills<br />
Yvonne Lewis Day<br />
12:00 p.m. – 1:30 p.m.<br />
Lunch (on your own)<br />
1:30 p.m. – 2:30 p.m. [1]<br />
Utility Policy & Procedure<br />
Rusty Reeves, Deputy<br />
Director, Louisiana Rural<br />
Water Association<br />
2:30 p.m. – 3:30p.m. [1]<br />
Three W’s of Social Media<br />
Anita Tillman, Communications<br />
Consultant, LMA<br />
3:30 p.m. – 3:45 p.m.<br />
BREAK<br />
3:45 p.m. – 4:45p.m. [1]<br />
LMCA Business Meeting<br />
4:45 p.m. [1]<br />
Skits<br />
5:45 p.m. - 7:15 p.m.<br />
Sponsor Reception<br />
Thursday, <strong>October</strong> 25<br />
LMCA Polo Shirt or<br />
Black Shirt Day<br />
7:30 a.m. – 5:00 p.m.<br />
Registration<br />
7:45 a.m. – 8:00 a.m. [.25]<br />
Opening Remarks<br />
Sponsor Introductions<br />
Feature<br />
8:00 a.m. – 10:00 a.m. [2]<br />
Public Relations & Public<br />
Information Requests<br />
Karen White, Executive<br />
Counsel, LMA<br />
10:00 a.m. – 10:15 a.m.<br />
BREAK<br />
10:15 a.m. – 11:00 a.m. [.75]<br />
TBD<br />
11:15 a.m. [1]<br />
GROUP PHOTOS<br />
11:30 p.m. – 1:30 p.m.<br />
Lunch (on your own)<br />
LMCA Executive Board<br />
Mtg.<br />
1:30 p.m. – 3:30 p.m. [2]<br />
Programs and Services<br />
Cliff Palmer, Executive<br />
Director, LaMATS<br />
3:30 p.m. – 3:45 p.m.<br />
BREAK<br />
3:45 p.m. – 4:45 p.m. [1]<br />
Roundtable Discussions<br />
6:30 p.m.<br />
Banquet Reception<br />
7:00 p.m. [1]<br />
Banquet & Graduation<br />
Ceremony<br />
Friday, <strong>October</strong> 26<br />
8:45 a.m. – 9:00 a.m. [.25]<br />
Opening Remarks<br />
9:00 a.m.– 10:00 a.m. [1]<br />
TBD<br />
10:00 a.m. –10:15 a.m.<br />
BREAK<br />
10:15 a.m. –11:30a.m. [1.25]<br />
TBD<br />
Friday classes are at the LMA<br />
building, 700 North 10 th St.<br />
Baton Rouge, LA 70802.<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 19
Mid Term Elections Preview<br />
Mid-Term Elections Preview<br />
Early voting will take place from <strong>October</strong> 23-30 for the November 6, <strong>2018</strong> mid-term elections.<br />
Secretary of State<br />
Kyle Ardoin Baton Rouge Republican Male<br />
Heather Cloud Turkey Creek Republican Female<br />
'Gwen' Collins-Greenup Clinton Democrat Female<br />
A.G. Crowe Pearl River Republican Male<br />
'Rick' Edmonds Baton Rouge Republican Male<br />
Renee Fontenot Free Baton Rouge Democrat Female<br />
Thomas J. Kennedy, III Metairie Republican Male<br />
Matthew Paul 'Matt' Moreau Zachary No Party Male<br />
Julie Stokes Metairie Republican Female<br />
U.S. Representative - 1 st Congressional District<br />
Lee Ann Dugas Kenner Democrat Female<br />
'Jim' Francis Covington Democrat Male<br />
Frederick 'Ferd' Jones Ponchatoula Independent Male<br />
Howard Kearney Mandeville Libertarian Male<br />
Tammy M. Savoie New Orleans Democrat Female<br />
Steve Scalise Jefferson Republican Male<br />
U.S. Representative - 2 nd Congressional District<br />
Belden 'Noonie Man' Batiste New Orleans Independent Male<br />
Cedric Richmond New Orleans Democrat Male<br />
Shawndra Rodriguez Baton Rouge No Party Female<br />
Jesse Schmidt Gretna No Party Male<br />
U.S. Representative - 3 rd Congressional District<br />
'Rob' Anderson DeQuincy Democrat Male<br />
Aaron J. Andrus Westlake Libertarian Male<br />
'Josh' Guillory Lafayette Republican Male<br />
Clay Higgins Lafayette Republican Male<br />
Mildred 'Mimi' Methvin Lafayette Democrat Female<br />
Larry Rader New Iberia Democrat Male<br />
Verone Thomas Lake Charles Democrat Male<br />
U.S. Representative - 4 th Congressional District<br />
Mark David Halverson Bossier City No Party Male<br />
'Mike' Johnson Bossier City Republican Male<br />
Ryan Trundle Shreveport Democrat Male<br />
U.S. Representative - 5 th Congressional District<br />
Ralph Abraham Archibald Republican Male<br />
Billy Burkette Pride Independent Male<br />
Jessee Carlton Fleenor Loranger Democrat Male<br />
Kyle Randol Monroe Libertarian Male<br />
U.S. Representative – 6 th Congressional District<br />
Justin Dewitt Baton Rouge Democrat Male<br />
Devin Lance Graham Gonzales Independent Male<br />
Garret Graves Baton Rouge Republican<br />
'Andie' Saizan Springfield Democrat<br />
26 th Senatorial District<br />
10 th Representative District<br />
Jerry Gaspard Abbeville Republican Male<br />
'Bob' Hensgens Gueydan Republican Male<br />
Jean Menard Church Point Democrat Female<br />
Wayne McMahen Springhill Republican Male<br />
33 rd Representative District<br />
'Les' Farnum Sulphur Democrat Male<br />
Teri A. Johnson Sulphur Democrat Female<br />
Stuart Moss Sulphur Republican Male<br />
90 th Representative District<br />
Mary DuBuisson Slidell Republican Female<br />
Brian Glorioso Slidell Republican Male<br />
Sean Morrison Slidell Democrat Male<br />
John Raymond Slidell Republican Male<br />
CONTINUED FROM PAGE 16:<br />
TREASURY NOTES<br />
$2.5 million. There is no state tax break or<br />
state match for the K-12 program, but there<br />
are federal tax advantages.<br />
At the end of the last year there were 59,774<br />
START accounts and $841 million in assets.<br />
If you don’t already have a START account,<br />
I highly encourage you to consider opening<br />
one. For more information, visit www.<br />
startsaving.la.gov or email start@la.gov today.<br />
CONTINUED FROM PAGE 17:<br />
REFUNDING<br />
lower rates to pay off their older bonds and<br />
realize those annual savings. Most bonds<br />
have a “lock-out” period of ten years from<br />
the beginning. However, prior to the Act,<br />
the Federal government would allow the<br />
City to refinance during the lock-out period<br />
once during the life of the bond. This was an<br />
advance refunding. Since this is no longer<br />
allowed by the Act, some cities are not able<br />
to achieve savings and are stuck with their<br />
current debt payments. With municipal<br />
bond rates still at all time lows, this means<br />
billions of dollars of bonds are unable to be<br />
refinanced, thus the loss of millions of dollars<br />
in savings for local governments.<br />
"We’d like to get Congress to put advance<br />
refundings back on the table,” said NLC<br />
President Mark Stodola, the mayor of Little<br />
Rock, Ark. “It’s big money to every city.”<br />
Stodola said he was able to give workers in<br />
his city a raise last year because of the $1.5<br />
million in savings it realized from a 2017<br />
advance refunding.<br />
In contrast, Stodola reports that Little Rock<br />
is going to have to come up with an extra $3<br />
million or $4 million to balance the budget<br />
this year because revenues are not as much<br />
as had been projected.<br />
The NLC recommends that local governments<br />
speak to their U.S. Congressmen for help in<br />
changing this part of the Act.<br />
Page 20<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Feature<br />
Statement Of Proposed Constitutional Amendments<br />
November 6, <strong>2018</strong><br />
In compliance with R.S. 18:431 and R.S. 18:552, a statement of the<br />
Proposed Constitutional Amendments in the order in which they will<br />
appear on the ballot for the November 6, <strong>2018</strong> election is provided as<br />
follows:<br />
1. “Do you support an amendment to prohibit a convicted<br />
felon from seeking or holding public office or appointment within<br />
five years of completion of his sentence unless he is pardoned?”<br />
Act 719 (<strong>2018</strong> Regular Session) adds Article I, Section 10.1.<br />
Proposed Constitutional Amendment provides that the following<br />
persons shall not be permitted to qualify as a candidate for elective<br />
public office or hold elective public office or appointment of honor,<br />
trust, or profit in this State: 1) a person who is actually under an order of<br />
imprisonment for conviction of a felony; or 2) a person who has been<br />
convicted within Louisiana of a felony and who has exhausted all legal<br />
remedies, or who has been convicted under the laws of any other state<br />
or of the United States or of any foreign government or country of a<br />
crime which, if committed in Louisiana, would be a felony and who has<br />
exhausted all legal remedies and has not been pardoned either by the<br />
governor of Louisiana or by the officer of the state, nation, government,<br />
or country having such authority to pardon in the place where the person<br />
was convicted and sentenced.<br />
Proposed Constitutional Amendment provides an exception and<br />
shall not prohibit a person convicted of a felony from qualifying as a<br />
candidate for elective public office or holding such elective public office<br />
or appointment of honor, trust, or profit if more than five years have<br />
elapsed since the completion of his original sentence for the conviction.<br />
Proposed Constitutional Amendment relating to felony convictions<br />
shall not prohibit a person from being employed by the state or a political<br />
subdivision.<br />
2. “Do you support an amendment to require a unanimous<br />
jury verdict in all noncapital felony cases for offenses that are<br />
committed on or after January 1, 2019?”<br />
Act 722 (<strong>2018</strong> Regular Session) amends Article I, Section 17(A).<br />
Present Constitution provides that a noncapital criminal case for an<br />
offense in which the punishment is necessarily confinement at hard<br />
labor shall be tried before a jury of twelve persons, ten of whom must<br />
concur to render a verdict.<br />
Proposed Constitutional Amendment provides that a noncapital<br />
criminal case for an offense committed prior to January 1, 2019 in<br />
which the punishment is necessarily confinement at hard labor shall<br />
be tried before a jury of twelve persons, ten of whom must concur to<br />
render a verdict.<br />
Proposed Constitutional Amendment provides that a noncapital<br />
criminal case for an offense committed on or after January 1, 2019, in<br />
which the punishment is necessarily confinement at hard labor shall<br />
be tried before a jury of twelve persons, all of whom must concur to<br />
render a verdict.<br />
3. “Do you support an amendment to permit, pursuant to written<br />
agreement, the donation of the use of public equipment and<br />
personnel by a political subdivision upon request to another political<br />
subdivision for an activity or function which the requesting<br />
political subdivision is authorized to exercise?”<br />
Act 717 (<strong>2018</strong> Regular Session) amends Article VII, Section 14(B).<br />
Present Constitution prohibits the funds, credit, property, or things<br />
of value of the state or of any political subdivision from being loaned,<br />
pledged, or donated, except as otherwise provided by this constitution.<br />
Proposed Constitutional Amendment retains present constitution<br />
and adds an exception that allows, pursuant to a written agreement,<br />
the donation of the use of public equipment and personnel by a political<br />
subdivision upon request to another political subdivision for an<br />
activity or function the requesting political subdivision is authorized to<br />
exercise.<br />
4. “Do you support an amendment to remove authority to appropriate<br />
or dedicate monies in the Transportation Trust Fund to<br />
state police for traffic control purposes?”<br />
Act 720 (<strong>2018</strong> Regular Session) amends Article VII, Section 27(B)(1).<br />
Present Constitution provides that monies in the Transportation Trust<br />
Fund shall be appropriated or dedicated solely and exclusively for the<br />
costs for and associated with construction and maintenance of the<br />
roads and bridges of the state and federal highway systems, the Statewide<br />
Flood-Control Program or its successor, ports, airports, transit,<br />
state police for traffic control purposes, and the Parish Transportation<br />
Fund or its successor and for the payment of all principal, interest, premium,<br />
if any, and other obligations incident to the issuance, security,<br />
and payment in respect of bonds or other obligations payable from the<br />
trust fund.<br />
Proposed Constitutional Amendment removes the authority to appropriate<br />
or dedicate monies in the Transportation Trust Fund to the<br />
state police for traffic control purposes.<br />
5. “Do you support an amendment to extend eligibility for the<br />
following special property tax treatments to property in trust: the<br />
special assessment level for property tax valuation, the property<br />
tax exemption for property of a disabled veteran, and the property<br />
tax exemption for the surviving spouse of a person who died<br />
while performing their duties as a first responder, active duty<br />
member of the military, or law enforcement or fire protection officer?”<br />
Act 721 (<strong>2018</strong> Regular Session) adds Article VII, Sections 18(G)(6), 21(K)<br />
(4) and (M)(4).<br />
Present Constitution provides the assessment of residential property<br />
receiving the homestead exemption which is owned and occupied by<br />
any of the following, if the owner has an adjusted gross annual income<br />
that does not exceed the income threshold, shall not be increased<br />
above the total assessment of that property for the first year that the<br />
owner qualifies for and receives the special assessment level, provided<br />
that such person or persons remain qualified for and receive the special<br />
assessment level: 1) people who are sixty-five years of age or older; 2)<br />
people who have a service-connected disability rating of fifty percent<br />
or more by the United States Department of Veterans Affairs; 3) members<br />
of the armed forces of the United States or the Louisiana National<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 21
Guard who owned and last occupied such property who are killed in<br />
action, or who are missing in action or are a prisoner of war for a period<br />
exceeding ninety days; or 4) any person or persons permanently totally<br />
disabled as determined by a final non-appealable judgment of a court<br />
or as certified by a state or federal administrative agency charged with<br />
the responsibility for making determinations regarding disability.<br />
Proposed Constitutional Amendment retains present constitution<br />
and provides that a trust shall be eligible for the special assessment<br />
level if the trust would have been eligible for the special assessment<br />
level prior to the most recent reappraisal, the total assessment of the<br />
property held in trust shall be the assessed value on the last appraisal<br />
before the reappraisal.<br />
Present Constitution provides an additional exemption from ad valorem<br />
taxation of seven thousand five hundred dollars of the assessed valuation<br />
of property receiving the homestead exemption that is owned<br />
and occupied by a veteran with a service- connected disability rating of<br />
one hundred percent unemployability or totally disabled by the United<br />
States Department of Veterans Affairs or the surviving spouse of the<br />
veteran.<br />
Proposed Constitutional Amendment retains present constitution<br />
and provides an additional exemption for a trust.<br />
Present Constitution provides that for ad valorem taxes due in 2017<br />
and thereafter, an unmarried surviving spouse of a person who died<br />
while on active duty as a member of the armed forces of the United<br />
States or the Louisiana National Guard, or while performing their duties<br />
as a state police officer, or a law enforcement or fire protection officer<br />
who qualified for the salary supplement authorized by Article VII, Section10(D)(3)<br />
of this constitution is entitled to an exemption from ad valorem tax for<br />
the total assessed value of their homestead.<br />
Proposed Constitutional Amendment retains present constitution<br />
and provides an additional exemption for a trust.<br />
6. “Do you support an amendment that will require that any<br />
reappraisal of the value of residential property by more than<br />
50%, resulting in a corresponding increase in property taxes, be<br />
phased-in over the course of four years during which time no additional<br />
reappraisal can occur and that the decrease in the total<br />
ad valorem tax collected as a result of the phase-in of assessed<br />
valuation be absorbed by the taxing authority and not allocated<br />
to the other taxpayers?”<br />
Act 718 (<strong>2018</strong> Regular Session) amends Article VII, Section 18(A) and (F).<br />
Present Constitution provides that property subject to ad valorem<br />
taxation shall be listed on the assessment rolls at its assessed valuation<br />
which shall be a percentage of its fair market value and all property<br />
subject to taxation shall be reappraised and valued at intervals of not<br />
more than four years.<br />
Proposed Constitutional Amendment retains present constitution<br />
and provides for the phase-in of additional tax liability in the year of implementation<br />
of a reappraisal resulting from the increase in the property’s<br />
assessed value over a four-year period, if the assessed value of the<br />
immovable property increases by an amount which is greater than fifty<br />
percent of the property’s assessed value in the previous year as follows:<br />
a) For the first levy following reappraisal, the collector shall use the<br />
property’s assessed value from the previous year, which is called the<br />
base amount, and shall increase the portion of the assessed value of<br />
the property used to calculate ad valorem taxes by adding an amount<br />
which is equal to one-fourth of the amount of the increase in the<br />
assessed value as a result of the reappraisal to the base amount, and<br />
the resulting amount shall be the property’s taxable value and shall be<br />
used solely for purposes of calculating ad valorem taxes for that taxable<br />
year.<br />
b) For the second levy following reappraisal, the collector shall increase<br />
the portion of the assessed value of the property used to calculate<br />
ad valorem taxes by adding an amount which is equal to one-half<br />
of the amount of the increase in the assessed value as a result of the<br />
reappraisal to the base amount, and the resulting amount shall be the<br />
property’s taxable value and shall be used solely for purposes of calculating<br />
ad valorem taxes for that taxable year.<br />
c) For the third levy following reappraisal, the collector shall<br />
increase the portion of the assessed value of the property used to<br />
calculate ad valorem taxes by adding an amount which is equal to<br />
three-quarters of the amount of the increase in the assessed value as a<br />
result of the reappraisal to the base amount, and the resulting amount<br />
shall be the<br />
property’s taxable value and shall be used solely for purposes of calculating<br />
ad valorem taxes for that taxable year.<br />
d) For the fourth levy following reappraisal, the collector shall calculate<br />
ad valorem taxes based on the property’s full assessed value.<br />
Proposed Constitutional Amendment provides that the phase-in of<br />
additional ad valorem tax liability following reappraisal shall cease to<br />
apply on the transfer or conveyance of ownership of the property, and<br />
the collector shall calculate ad valorem taxes based on the property’s<br />
full assessed value after the transfer or conveyance.<br />
Proposed Constitutional Amendment provides that property subject<br />
to the four-year phase-in of additional ad valorem taxes shall not be<br />
subject to reappraisal by an assessor until after the four-year phase-in<br />
of the amount of the increase in the property’s assessed value is complete.<br />
Proposed Constitutional Amendment provides that notwithstanding<br />
any provision of this constitution to the contrary, the increase in<br />
assessed valuation of property phased- in shall be included as taxable<br />
property for purposes of subsequent reappraisals and valuation for<br />
millage adjustment purposes under Article VII, Section 23(B) of this<br />
constitution, and the decrease in the total amount of ad valorem tax<br />
collected by a taxing authority as a result of the phase-in of the assessed<br />
valuation shall be absorbed by the taxing authority and shall<br />
not create any additional tax liability for other taxpayers in the taxing<br />
district as a result of any subsequent reappraisal and valuation or millage<br />
adjustment.<br />
Proposed Constitutional Amendment further provides that the implementation<br />
of the phase-in of increase in assessed valuation shall neither<br />
trigger nor be cause for a reappraisal of property or an adjustment<br />
of millages pursuant to Article VII, Section 23(B) of this constitution.<br />
Proposed Constitutional Amendment shall not apply to the extent<br />
the increase was attributable to construction on or improvements to<br />
the property.<br />
Page 22<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>
Feature<br />
Pre-Disaster Training and Development<br />
BY BRETT KRIGER, LMA DEPUTY DIRECTOR OF DISASTER RESPONSE<br />
The thin silver lining to the March and August floods of<br />
2016 has been a new FEMA focus and priority on predisaster<br />
training and development for more effective<br />
recovery plans, specifically by and for Louisiana. For<br />
the past two years, LMA has been working closely with<br />
several state and federal agencies to help the federal/<br />
state/local disaster response and recovery effort<br />
become more effective and easier to implement. The<br />
team we are working with includes:<br />
• Federal Emergency Management Agency (FEMA)<br />
• Federal Highway Administration (FHWA)<br />
• Governor’s Office of Homeland Security and<br />
Emergency Preparedness (GOHSEP)<br />
• Office of Community Development – Disaster<br />
Recovery Unit (OCD-DRU)<br />
• Department of Transportation Development<br />
(DOTD)<br />
• LSU - LA Technical Assistance Program /<br />
Transportation Research Center (LTAP/LTRC)<br />
Over the past two years LMA has been a sponsor<br />
and developmental partner with these agencies in<br />
delivering community planning workshops, municipal<br />
recovery plans, Louisiana Watershed Resiliency<br />
Study, regional flood mitigation planning webinars,<br />
an international study of damage to submerged<br />
roads, consolidated training for Emergency Disaster<br />
Recovery Process for Transportation Assets, week-long<br />
course for state agency leads on Supporting Local<br />
Governments in Disasters, and a new FEMA national<br />
course on Disaster Recovery Operations for Local<br />
Governments.<br />
To focus on one of the most unique activities<br />
mentioned, I want to highlight the groundbreaking<br />
work of the LTAP/LTRC partnership with LMA that<br />
was formed over 18 months ago to provide better<br />
information to municipalities on maximizing disaster<br />
recovery and cost reimbursements from FEMA and<br />
FHWA. The complexities of understanding and<br />
following all of the damage documentation and<br />
reporting requirements through these overlapping and<br />
conflicting federal programs, has historically led to<br />
delays in cost recovery/reimbursement and even lost<br />
opportunities for potentially eligible loses.<br />
LTAP took the lead on building a collaborative team<br />
to develop a single Resource Guide that combines<br />
FEMA and FHWA “rules” and policy along with<br />
documentation guides and checklists. DOTD and<br />
GOHSEP then were able to package this first-inthe-nation<br />
consolidated information into a 4-hour<br />
workshop that has been delivered in 10 regional<br />
locations to nearly 500 municipal officials, public works<br />
departments, emergency managers, management<br />
officials, and consulting engineers. The workshop<br />
content and resource guide is sanctioned by all of<br />
the state and federal agencies listed above and the<br />
workshop presentation is a multi-agency delivery.<br />
The proposal by FEMA to develop a full-scale<br />
Disaster Recovery Operations course, formatted for<br />
independent study and webinar delivery in small<br />
bites as a disaster develops and progresses, is also<br />
unique. The concept is to create 60 to 90-minute<br />
YouTube-type videos and/or webinars for “just-intime”<br />
delivery to governmental leaders, emergency<br />
operations responders, damage documentation<br />
teams, public works leads, and disaster management<br />
personnel. Historically, local officials and operators<br />
trying to manage the disaster response and recovery<br />
are overwhelmed with disaster information about<br />
laws, rules, regulations, and policy at a point they are<br />
least able to absorb it. This new approach packages<br />
key content – limited to immediate priority items<br />
appropriate to the progressive phases of disaster<br />
preparedness, response, and recovery. FEMA has asked<br />
LMA to play key role in course management strategy,<br />
content development, and ultimately a pilot delivery in<br />
Louisiana.<br />
These are highlights of some innovative approaches<br />
to actually learning the lessons of past disasters and<br />
developing new approaches to dealing with their<br />
aftermath. With Louisiana always being at the top of<br />
the list for catastrophic disasters, LMA welcomes the<br />
opportunity to help improve the federal/state/local<br />
response and we value the relationship we have with<br />
our Federal and State partners in these pioneering<br />
efforts.<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong> Page 23
LMA Transportation and Infrastructure Summit<br />
We are excited to announce the Transportation and<br />
Infrastructure Summit, which will provide important<br />
information on federal and state funding resources,<br />
update attendees on the status of federal and state<br />
infrastructure programs, and allow attendees to vocalize<br />
their transportation needs to state and federal leaders.<br />
It is a jointly-sponsored event between the Louisiana<br />
Municipal Association, Louisiana Conference of Mayors,<br />
and National League of Cities. The summit will take place<br />
at the Holiday Inn Alexandria Downtown, 701 4th Street,<br />
Alexandria, LA 71301. Visit the LMA website at www.<br />
lma.org to register for this FREE event! Contact Richard<br />
Williams or Brandon Brewer by email or at (225) 344-<br />
5001 for more information.<br />
Schedule:<br />
10:00 am - 11:00 am Opening Session featuring<br />
Congressman Garret Graves<br />
11:00 am – 12:00 pm Federal Infrastructure Initiatives and<br />
Funding, Brittney Kohler, NLC Federal Advocacy<br />
Program Director, moderator<br />
12:00 pm – 1:30 pm Lunch with Eric Kalivoda, Deputy<br />
Secretary, LA DOTD<br />
1:30 pm – 2:00 pm Marie Walsh, Director, Louisiana Local<br />
Assistance Technical Program on DOTD Funding<br />
Opportunities<br />
2:15 pm – 3:15 pm Breakout roundtable discussions on<br />
local infrastructure needs<br />
PRESORT<br />
STANDARD<br />
U.S. POSTAGE<br />
PAID<br />
BATON ROUGE, LA<br />
PERMIT #319<br />
Page 24<br />
<strong>LMR</strong> | <strong>October</strong> <strong>2018</strong>