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12.23<br />

Louisiana<br />

MUNICIPAL<br />

REVIEW<br />

VOL. 88<br />

ISSUE 12


A Quarter-Century of Municipal<br />

Service!<br />

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

The of ideas Louisiana and information Municipal Review, for municipal the official officials publication in Louisiana. of the With Louisiana a circulation Municipal of over Association, 3,200, this serves publication as a medium is read for by employees the exchange of<br />

of Louisiana ideas and municipal information governments, for municipal sheriffs, officials parish in Louisiana. presidents, With state a circulation government of over officials, 3,200, and this members publication of the is read state by legislature employees and of<br />

Louisiana Congressional municipal delegation, governments, among others. sheriffs, Subscription parish presidents, rate: $36 state per year; government Single copy: officials, $3. Louisiana and members residents, of the add state 9% sales legislature tax. Rates and<br />

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$3. 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. Statements or Publication expressions of any of opinions advertisement appearing shall herein not be are considered those of the an authors endorsement and not of necessarily the product those or service of the involved. Louisiana No Municipal material<br />

from Association. this publication Publication may of be any reprinted advertisement without shall the not express be considered permission an of endorsement the editor. of the product or service involved. No material<br />

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

Derrick Johnson, LMA President Rick Allen, First Vice President Ray Bourque, Second Vice President<br />

Mayor, Cheneyville Mayor, Leesville Mayor, Broussard<br />

Page 2<br />

Immediate Past President Michael Chauffe, Grosse Tete<br />

Immediate Past President – Michael Chauffe, Grosse Tete<br />

District Vice President Kim Gaspard, Mayor, Haughton<br />

District A Vice President – Kim Gaspard, Mayor, Haughton<br />

District Vice President Ronny Walker, Mayor, Ruston<br />

District B Vice President – Ronny Walker, Mayor, Ruston<br />

District Vice President Staci A. Mitchell, Mayor, West Monroe<br />

District<br />

District<br />

C<br />

D<br />

Vice<br />

Vice<br />

President<br />

President<br />

– Staci<br />

Howard<br />

A. Mitchell,<br />

“Keith” Lewing,<br />

Mayor,<br />

Mayor,<br />

West Monroe<br />

Anacoco<br />

District E D Vice President – Rich Howard Dupree, “Keith” Mayor, Lewing, Pineville Mayor, Anacoco<br />

District E F Vice President – Charles Rich Dupree, James, Mayor, Mayor, Pineville Sunset<br />

District F G Vice President – Charles Chuck Robichaux, James, Mayor, Mayor, Sunset Rayne<br />

District G H Vice President – Edwin Chuck Robichaux, “Ed” Reeves, Mayor, Rayne Plaquemine<br />

District I H Vice President – Jean Edwin Pelloat, “Ed” Reeves, Mayor, Madisonville<br />

Mayor, Plaquemine<br />

District I J Vice President – Jean Rodney Pelloat, Grogan, Mayor, Mayor, Madisonville Patterson<br />

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

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

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

LMA Past President Johnny Berthelot, Councilman, Gonzales<br />

LMA Past President – Johnny Berthelot, Councilman, Gonzales<br />

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

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

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

LMA<br />

LMA<br />

Past<br />

Past<br />

President<br />

President<br />

– David<br />

Harry Lewis,<br />

Camardelle,<br />

Mayor,<br />

Mayor,<br />

Rayville<br />

Grand Isle<br />

LMA Past President – Jimmy Harry Lewis, Williams, Mayor, Mayor, Rayville Sibley<br />

Vice LMA President Past President at Large – Jimmy – Julius Williams, Alsandor, Mayor, Mayor, Sibley Opelousas<br />

Vice President at Large – Belinda Julius Alsandor, Constant, Mayor, Opelousas Gretna<br />

Vice President at Large – Kevin Belinda Kately, Constant, Mayor, Mayor, Parks Gretna<br />

Vice President at Large – David Kevin Kately, Toups, Mayor, Parks Addis<br />

Vice President at Large – Darnell David Toups, Waites, Mayor, Mayor, Addis Baker<br />

Vice President at Large – Darnell Waites, Mayor, Baker<br />

LMR | DECEMBER <strong>2023</strong>


LMR | DECEMBER <strong>2023</strong> Page 3


DIRECTOR’S VIEWPOINT<br />

Yuletide and Good Cheer<br />

I’ve said it before, and I’ll eas of our state<br />

say it again, I do so love has had serious<br />

impacts.<br />

this time of year! It does<br />

my heart Thornton, good Musso, to gather &Bellemin One group<br />

with family and friends and of friends<br />

spend quality time together<br />

in a slower-paced fashion.<br />

As we approach the Christmas<br />

season, I’m reminded of<br />

a quote by Brigham Young.<br />

“Love the giver more than<br />

the gift.” I find that such a<br />

beautiful sentiment and<br />

one that reminds us all to<br />

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slow down and take in what<br />

matters most. It’s far too<br />

easy to become inundated<br />

and overwhelmed with the<br />

commercialization of Christmas,<br />

and far more difficult<br />

to find peace in the season.<br />

My Christmas wish for you<br />

all this year is that the season<br />

brings with it a balance<br />

so that peace becomes the<br />

easier of the two to find.<br />

WATER TREATMENT CONSULTANTS<br />

This month’s edition of our<br />

magazine is an exciting one,<br />

as we profile the final days<br />

of Governor John Bel Edwards<br />

and his administration.<br />

Governor Edwards has<br />

been a staunch supporter<br />

of the LMA and its mission,<br />

and we thank him for that.<br />

Charlotte Smith managed<br />

to find some time with Governor<br />

Edwards to uncover<br />

what the view of municipal<br />

government has been like<br />

from the 4 th floor of our Capitol<br />

Building throughout the<br />

last eight years. I think you’ll<br />

find his insight on how municipalities<br />

can better prime<br />

themselves for more secure<br />

outcomes, both helpful and<br />

enlightening.<br />

As we know, the recent burn<br />

ban still affecting many ar-<br />

wasn’t sure<br />

LWR-R0018<br />

if they’d be<br />

able to continue<br />

a cultural<br />

tradition in the<br />

heart of Ascension<br />

Parish, but with a little luck<br />

and a lot of pluck, they’re<br />

carrying on. The Laiche and<br />

Duplessis families build incredible<br />

wooden structures<br />

over the Christmas break<br />

each year, in an effort to<br />

ring in the New Year in a literal<br />

blaze of glory. Charlotte<br />

talked with them about<br />

their plans for this year, and<br />

how carrying on heritage<br />

through cultural creativity is<br />

lighting the way.<br />

2018 Roster Edition<br />

Official Publication of the<br />

Louisiana Rural Water Association<br />

Authorized Signature:<br />

Our neighbors<br />

in Texas have<br />

been facing<br />

many of the<br />

same issues<br />

with federal<br />

funding that<br />

we face here<br />

at home. Date: It can<br />

be incredibly<br />

Artwork<br />

dif-<br />

Contact:<br />

ficult to navigate the<br />

ins and outs of application<br />

processes, and not every<br />

municipality has the funding<br />

or resources in place to<br />

have grant writers on staff.<br />

Anita Tillman highlights the<br />

plans Texas communities<br />

are putting in place, and she<br />

reminds us that anything is<br />

possible here if we do some<br />

planning of our own.<br />

As we bid a fond farewell<br />

to <strong>2023</strong> and enjoy the holiday<br />

season, I sincerely hope<br />

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each of you finds enough<br />

joy and peace to carry it<br />

with you into 2024. May you<br />

spend some downtime with<br />

people near and dear to you,<br />

and may it be exactly what<br />

you need. May the spirit of<br />

the season stay with you.<br />

And “May your days be merry<br />

and bright.”<br />

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LMR | DECEMBER <strong>2023</strong><br />

8/21/14 8:33 PM


PRESIDENT’S MESSAGE<br />

<strong>2023</strong> - A Very Good Year<br />

Can you believe it’s already<br />

<strong>December</strong>? <strong>2023</strong> has flown<br />

by, but we’re leaving the<br />

year by looking forward, and<br />

I’m excited by what 2024 has<br />

in store. There are so many of<br />

our municipal leaders doing<br />

such incredible work, that<br />

I think inspiration will be<br />

leading the charge.<br />

We’ve been working diligently<br />

the last few months to get<br />

our house in order. Our budget<br />

has been a concern, so<br />

tackling that has been a priority.<br />

I’m happy to announce<br />

that the board worked diligently<br />

with John and other<br />

LMA staff members to cut<br />

some costs and save some<br />

dollars. So far we’ve saved<br />

$200,000 and we’ve even<br />

cleared over $100,000 for<br />

our annual convention for<br />

the first time. Those numbers<br />

are nothing short of a<br />

step in the right direction,<br />

and it now means we’ll be<br />

in the black as an organization<br />

for the first time in 13<br />

years. The hope is that this is<br />

a sign of things to come, and<br />

that all of us, as members of<br />

the LMA, will benefit from a<br />

healthy budget.<br />

For those of you already<br />

planning ahead to our annual<br />

Mid-Winter Conference<br />

from the 27 - 28 of February,<br />

we’ll be moving away from<br />

Baton Rouge in an effort to<br />

provide a more centralized<br />

location. In 2024, we’ll head<br />

to the Paragon Casino in<br />

Marksville. We’ll be offering<br />

more activities than in previous<br />

years, including our new<br />

LMA Leadership Institute<br />

which will begin during this<br />

conference. We’re excited<br />

about the knowledge that<br />

can be gained from this program,<br />

and you can feel free<br />

to reach out to me if you’d<br />

Attorney General’s Opinions<br />

Dual Officeholding<br />

Opinion: 23-0110:The provisions<br />

of the Dual Officeholding<br />

and Dual Employment<br />

Law do not prohibit a member<br />

of the Rapides Parish<br />

School Board from serving<br />

as a member of the Louisiana<br />

State Board of Dentistry. Released:<br />

11/15/<strong>2023</strong><br />

Opinion: 23-0114: The provisions<br />

of the Dual Officeholding<br />

and Dual Employment<br />

Law do not prohibit a<br />

Louisiana State Senate Aide<br />

from serving as a contract<br />

consultant for the Louisiana<br />

Airport Managers and Associates.<br />

Released: 11/6/<strong>2023</strong><br />

Legislative Charters<br />

Opinion: 23-0099: The<br />

amendment to the City of<br />

St. Martinville’s Legislative<br />

Charter is consistent with the<br />

constitutions and laws of the<br />

United States and Louisiana.<br />

Released: 11/6/<strong>2023</strong><br />

Opinion: 23-0103: The<br />

amendment to the City of<br />

St. Plaquemine’s Legislative<br />

Charter is consistent with the<br />

constitutions and laws of the<br />

United States and Louisiana.<br />

Released: 11/6/<strong>2023</strong><br />

Coroner’s Fees<br />

Opinion: 23-0040A: Because<br />

disposition of human<br />

like further information. I’m<br />

looking forward to seeing<br />

many of you and connecting<br />

with you. So, if you’ve got<br />

something on your mind, I’d<br />

like to hear it. Your support<br />

in my role as LMA President<br />

means the world to me, so<br />

doing right by you is of the<br />

utmost importance.<br />

Governor-elect Jeff Landry<br />

recently announced his Local<br />

and Municipal Government<br />

Transition Team, and<br />

it’s an honor to be included<br />

in what I feel is a very prestigious<br />

group. I’m looking<br />

forward to assisting with a<br />

smooth transition and to<br />

sharing my insight and perspective<br />

from the view of a<br />

small town mayor. Too often<br />

our smaller communities are<br />

left out or overshadowed in<br />

crucial and critical conversations,<br />

so speaking out on<br />

behalf of so many smaller<br />

remains (i.e., cremation) is<br />

not part of a coroner’s investigation,<br />

the costs incurred<br />

by coroners for authorizing<br />

cremations is not part of the<br />

costs of a coroner’s investigation.<br />

The costs of cremation<br />

permits are operational<br />

expenses of coroners’ offices<br />

for which relevant local governments<br />

are responsible.<br />

Released: 10/27/<strong>2023</strong><br />

Firefighter Vacation Leave<br />

Opinion: 23-0067: The population<br />

requirements of La.<br />

R.S. 33:1961 do not apply to<br />

La. R.S. 33:1996; recalling, to<br />

the extent inconsistent with<br />

this opinion, La. Atty. Gen.<br />

Derrick Johnson, Sr.<br />

LMA President<br />

Cheneyville<br />

municipalities is a privilege<br />

I’m not taking lightly.<br />

In closing, I hope everyone<br />

has a wonderful holiday season.<br />

It’s such a special time<br />

of year, and I’m looking forward<br />

to some quality time<br />

spent with my family and<br />

friends. I wish you all the<br />

merriest Christmas possible,<br />

and I’ll see you next year!<br />

Jeff Landry<br />

Attorney General<br />

Op. Nos. 78-4, 78-4A, 78-66,<br />

78-259, 88-42, 00-266, 00-<br />

370, 09-0224, 12-0063. Released:<br />

10/26/<strong>2023</strong><br />

LMR | DECEMBER <strong>2023</strong> Page 5


GOVERNOR’S COLUMN<br />

Thank You for the Extraordinary Work You’ve Done<br />

<strong>December</strong> is here, and I<br />

hope you all had a wonderful<br />

Thanksgiving full of food,<br />

family, and football. As I enter<br />

the last holiday season of<br />

my administration, I’m taking<br />

time to reflect and give<br />

thanks. It’s been nearly eight<br />

years since I was first inaugurated,<br />

becoming the 56th<br />

governor of the state of Louisiana,<br />

and I’m so grateful for<br />

where we stand today.<br />

You may remember back in<br />

my first inaugural address, I<br />

promised there was no challenge<br />

we would not meet.<br />

Little did we know how often<br />

that statement would<br />

be tested. It took a whole lot<br />

more gumbo and gumption<br />

than we expected, but we<br />

have met every challenge.<br />

When I took office in 2016,<br />

the state had a $1 billion<br />

dollar budget deficit to close<br />

out that fiscal year and a $2<br />

billion deficit for the following<br />

year. It took numerous<br />

special sessions and a lot of<br />

bipartisanship, but we were<br />

able to navigate a balanced<br />

approach with no gimmicks<br />

and no one-time money<br />

spent on recurring expenditures.<br />

We came in facing a $2<br />

billion deficit, and we will be<br />

leaving more than $2 billion<br />

in the bank for the next governor<br />

and legislature.<br />

We’ve gone from a state that<br />

was disinvesting in higher<br />

education more than anywhere<br />

else in the country to a<br />

state making historic investments<br />

in higher education.<br />

With my first act as governor,<br />

we’ve expanded Medicaid to<br />

more than 500,000 working<br />

Louisianans and reduced the<br />

uninsured rate to below the<br />

national average. We’ve consistently<br />

hit record-breaking<br />

low unemployment records,<br />

with 30 consecutive months<br />

of job growth adding nearly<br />

280,000 jobs since the worst<br />

of the pandemic.<br />

In recent good news, I announced<br />

last month that all<br />

state employees will have<br />

access to 6 weeks of 100%<br />

paid parental leave starting<br />

January 1, 2024. Paid parental<br />

leave means better<br />

outcomes for every family<br />

member, allowing parents to<br />

bond with their child without<br />

the financial stress of sacrificing<br />

their income, savings<br />

or paid sick days. By joining<br />

the 32 other states with paid<br />

parental leave policies, we<br />

are positioning ourselves to<br />

both attract and retain top<br />

talent in-state. I believe this<br />

policy is pro-life, and I hope<br />

to see the legislature adopt it<br />

statewide in the near future.<br />

In January, Louisiana will<br />

begin a new chapter under<br />

a new administration.<br />

First Lady Donna and I were<br />

happy to visit with Governor-Elect<br />

Jeff Landry and his<br />

wife Sharon at the mansion<br />

as they prepare to take on<br />

the demanding, rewarding<br />

roles of governor and first<br />

lady. There are many unique<br />

aspects to serving as Louisiana’s<br />

First Family, and we<br />

want to be a resource to<br />

Jeff and Sharon as they go<br />

through the process we went<br />

through eight years ago. As I<br />

have said repeatedly, my administration<br />

is committed to<br />

a smooth and efficient transition<br />

of power on behalf of<br />

the people of Louisiana.<br />

I want to close by thanking<br />

John Bel Edwards<br />

Governor<br />

you again for the extraordinary<br />

work you’ve done in<br />

your municipalities this year<br />

and for the past eight years<br />

of my administration. Donna<br />

and I pray that you all have<br />

a safe and peaceful holiday<br />

season, a Merry Christmas,<br />

and a Happy New Year. God<br />

Bless you and your families.<br />

Page 6<br />

LMR | DECEMBER <strong>2023</strong>


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LMR | DECEMBER <strong>2023</strong> Page 7


Insure Louisiana Incentive Program and Louisiana Fortify Homes<br />

Program Both on Track to Achieve or Exceed Department Goals<br />

In earlier columns, I introduced<br />

two major programs<br />

the Louisiana Department of<br />

Insurance (LDI) initiated this<br />

year in an effort to address<br />

our ongoing crisis in the<br />

property insurance market.<br />

The Insure Louisiana Incentive<br />

Program, which began<br />

in April, and the Louisiana<br />

Fortify Homes Program,<br />

which began in October,<br />

have been operational long<br />

enough now for me to provide<br />

a comprehensive update<br />

on where we are with<br />

both programs, and I am<br />

glad to report that they are<br />

both working as intended.<br />

During the first application<br />

period in February, the Incentive<br />

Program attracted<br />

seven insurance companies<br />

and issued about $37.5 million<br />

of the $45 million in<br />

available grant funds. Based<br />

on the amount of grant funding<br />

we issued, those insurers<br />

are expected to write at least<br />

70,000 new policies by the<br />

end of their first year in the<br />

program.<br />

September 30 was the halfway<br />

point of the program’s<br />

first year. Considering the<br />

difficulty of writing new<br />

business during hurricane<br />

season, I anticipated that the<br />

incentive companies would<br />

have written about 25,000<br />

policies by now — a little<br />

less than half of that 70,000.<br />

But after reviewing the latest<br />

Incentive Program report, it<br />

appears I should have had<br />

higher expectations.<br />

As of September 30, incentive<br />

companies have written over<br />

35,500 new policies worth<br />

$106.5 million in premiums.<br />

Those policies are heavily<br />

concentrated in coastal Louisiana,<br />

with the top five parishes<br />

being Jefferson, Terrebonne,<br />

St. Tammany,<br />

Orleans, and Lafayette.<br />

These<br />

numbers don’t<br />

include about<br />

8,000 additional<br />

policies<br />

requested by<br />

an incentive<br />

company and authorized<br />

for take-out<br />

from Louisiana Citizens,<br />

which is currently overloaded<br />

with about 120,000 personal<br />

lines policies.<br />

September 30 also marked<br />

the closing of the Incentive<br />

Program’s second application<br />

period, during which we accepted<br />

several new grant requests<br />

— including one from<br />

a new insurance company<br />

— that will likely exhaust the<br />

final $13 million in the program<br />

fund.<br />

I am pleased with the results<br />

at the program’s halfway<br />

point and am optimistic we<br />

will continue to see the program<br />

grow, especially now<br />

that we have exited the <strong>2023</strong><br />

hurricane season.<br />

Our other major program,<br />

the Louisiana Fortify Homes<br />

Program, is also off to a fast<br />

start. We accepted a total<br />

of about 1,500 grant applicants,<br />

all Louisiana Citizens<br />

policyholders, into the program<br />

during application<br />

periods on October<br />

2 and October 16.<br />

On November<br />

6, we opened<br />

a third round<br />

to all Louisiana<br />

homeowners<br />

and accepted<br />

another 750 into<br />

the program. The final<br />

750 applicants will be<br />

selected on November 27.<br />

The Fortify Program grants<br />

up to $10,000 for homeowners<br />

to upgrade their roofs to<br />

the FORTIFIED Roof standard<br />

set by the Insurance Institute<br />

for Business & Home Safety.<br />

FORTIFIED is a voluntary construction<br />

and re-roofing program<br />

designed to strengthen<br />

homes against specific types<br />

of severe weather such as<br />

high winds, hail, hurricanes,<br />

and tornadoes.<br />

Our Fortify Program staff,<br />

as well as the program-approved<br />

contractors and evaluators,<br />

have been busy, but<br />

the grant process is working<br />

as intended. In fact, construction<br />

has already been completed<br />

on several projects,<br />

and we are well on our way to<br />

having 3,000 new FORTIFIED<br />

I am pleased with the results at<br />

the program’s halfway point and<br />

am optimistic we will continue to<br />

see the program grow.<br />

Jim Donelon<br />

Commissioner, Louisiana<br />

Department of Insurance<br />

roofs across Louisiana.<br />

Even more promising than<br />

the 3,000 new roofs is the attention<br />

the program is bringing<br />

to the importance of<br />

building stronger. Alabama’s<br />

FORTIFIED program has been<br />

around for several years and<br />

has issued over 6,000 grants,<br />

but, more importantly, their<br />

program has encouraged<br />

close to 40,000 other Alabama<br />

residents to upgrade<br />

their homes to the FORITIFED<br />

standard on their own.<br />

In addition to providing protection<br />

from powerful hurricane<br />

winds, FORTIFIED roofs<br />

come with an approximate<br />

25% reduction in homeowners’<br />

policy premiums and<br />

about a 7% increase in the<br />

value of a home.<br />

I truly believe the Incentive<br />

Program will accelerate our<br />

market’s recovery from the<br />

effects of hurricanes Laura<br />

and Ida, and that the Fortify<br />

Program will demonstrate<br />

how Louisiana can thrive despite<br />

our exposure to more<br />

frequent and more powerful<br />

hurricane landfalls.<br />

Page 8<br />

LMR | DECEMBER <strong>2023</strong>


A Fourth Floor Retrospective<br />

with Governor John Bel Edwards<br />

By Charlotte Smith<br />

As Governor John Bel Edwards and his administration’s time comes to a close, the LMA felt<br />

it important to find out what advice he could offer both the organization and our municipal<br />

leaders. Governor Edwards held nothing back in his responses, all in the hope of propelling<br />

Louisiana into a successful future.<br />

Governor Edwards, you’ve had the honor of viewing<br />

everything from the 4th floor for the last eight years.<br />

What’s the overall view of the LMA and municipal<br />

government from there?<br />

Well, first of all, Charlotte, thank you for the question. As you<br />

know, I was in the legislature for eight years, and so my relationship<br />

with municipal government, mayors, aldermen, and<br />

council people, started long before I was elected governor.<br />

And I worked with the Louisiana Municipal Association and<br />

various members before I became governor. We worked very<br />

hard together to make sure that when I came in, we were able<br />

to stabilize our fiscal situation despite that $2 billion deficit<br />

and do it in a way that didn’t try to achieve a balanced budget<br />

on the backs of local government. That included school<br />

boards, police juries, parish government, sheriffs, and certainly<br />

LMR | DECEMBER <strong>2023</strong> Page 9


it included the Louisiana Municipal Association<br />

as well. The relationships that<br />

I had as a legislator, and new ones that<br />

were created when I was running for<br />

governor, really helped in that regard.<br />

So, my view from the 4 th floor over the<br />

last eight years of the Louisiana Municipal<br />

Association and municipal government<br />

in general has been very positive.<br />

I know the LMA is a very large organization,<br />

and that members come from all<br />

across the state geographically, so they<br />

have different political<br />

views and that<br />

sort of stuff, but on<br />

those things that are<br />

important to municipal<br />

governments,<br />

there isn’t a lot of division<br />

among members.<br />

I think you all<br />

(LMA) do a good<br />

job, especially under<br />

John Gallagher’s<br />

leadership, of bringing<br />

people together<br />

and speaking with<br />

one voice. I’ve seen<br />

that time and time<br />

again over the last<br />

eight years. And quite frankly, I’ve always<br />

viewed municipal governments as partners<br />

who help achieve stability and economic<br />

growth with record investments;<br />

especially in things like infrastructure,<br />

for example, and increases in supplemental<br />

pay for law enforcement officers<br />

and firefighters, and changes made to<br />

the Industrial Tax Exemption Program<br />

(ITEP) for local government. There are<br />

so many things that show a partnership,<br />

like helping you all (LMA) to have the<br />

technical expertise and funding to apply<br />

for grants under the infrastructure bill,<br />

and then having the funding necessary<br />

to meet the match. That would not have<br />

happened but for the work of the LMA<br />

and the staff led by John.<br />

Take a look at LITACorp. We created that<br />

with the LMA and the Police Jury Association.<br />

Both organizations have very similar<br />

concerns and needs, so working together<br />

to create that entity dedicated to securing<br />

funding is important. The money that<br />

went into LITACorp came from the state.<br />

That’s a really good example of what I<br />

was talking about – the really good results<br />

achieved by the LMA and its members<br />

when they speak with one voice and<br />

make their needs and issues known to the<br />

legislature, to me, and to my cabinet officials<br />

across state government.<br />

Single voices are, of course, important,<br />

and they hold a tremendous<br />

amount of weight, but why<br />

is a unified municipal voice also<br />

important?<br />

Money is never without limits, right? At<br />

the end of the day, there’s always going<br />

to be resource allocation decisions<br />

made where there are more possible<br />

ways to spend the money than you can<br />

actually do. If it’s investments that you<br />

need, if it’s a change in law in terms of<br />

how governments operate, if it’s funding<br />

for infrastructure, if it’s the amount<br />

of a federal grant that we might hold<br />

onto at the state level and send the rest<br />

down to locals, the truth is there’s no<br />

end on the issues to which this might<br />

apply. So, it’s really important that the<br />

LMA speak with one voice. That’s easier<br />

to accomplish with the staff, the current<br />

executive director there, and the officers.<br />

It’s a little harder when you’re trying<br />

to get all of your villages, towns, and<br />

cities to have their mayors and so forth<br />

involved and keeping them on script.<br />

But, when there’s a resource allocation<br />

decision to be made, some legislators<br />

and other leaders, if they detect that<br />

there’s not full agreement among all of<br />

local government, then they say, ‘Okay,<br />

that’s not really important to them, and<br />

over here we have this other group or<br />

this other need, and there’s no difference<br />

of opinion as to what we should<br />

do. So, maybe we shouldn’t give anything<br />

to municipal government. Maybe<br />

we should just give more to some competing<br />

interest out there, instead.’<br />

I would actually go beyond a unified<br />

municipal voice and tell you that any<br />

time you all (LMA) can work with other<br />

groups, for example<br />

maybe the<br />

Police Jury Association,<br />

maybe the<br />

Sheriffs’ Association,<br />

the School Boards<br />

Association, whatever<br />

it might be, if<br />

you can get them to<br />

agree with you and<br />

to lend their voice to<br />

the effort, it makes a<br />

tremendous difference.<br />

So, it’s not just<br />

within the LMA, but<br />

it’s all the other local<br />

governments, higher<br />

education institutions,<br />

or hospitals, there’s no limit on<br />

who your partners can be because this<br />

is a numbers game in Baton Rouge. The<br />

more people you have engaged, and<br />

from the broadest possible spectrum of<br />

the state, the more likely you’re going<br />

to be successful.<br />

That unified voice is really important<br />

because if a difference of opinion<br />

among leaders is detected on a particular<br />

issue, then it becomes much harder<br />

for the LMA to be successful no matter<br />

how hard John Gallagher and his staff,<br />

and the officers of the LMA, are working<br />

here in Baton Rouge. It just becomes really<br />

hard for them.<br />

Louisiana is seeing a number of<br />

new mayors, many of whom don’t<br />

have a background steeped in<br />

the political landscape. What tips<br />

do you have for municipal leaders<br />

looking to form relationships<br />

with local and state-wide elected<br />

officials?<br />

Page 10<br />

LMR | DECEMBER <strong>2023</strong>


I’d have to say to do your very best to<br />

create a personal relationship where<br />

they know who you are, what town or<br />

village or city you represent, and the<br />

types of issues that are going to be important<br />

to you that you’re going to want<br />

to talk to them about when they come<br />

up. Basically, long before you ask any<br />

elected official to do something for you<br />

– or not to do something for you – create<br />

that personal relationship, and don’t<br />

make an ask the first time if you can<br />

possibly avoid that. You’ll be much better<br />

received when you do then, in fact,<br />

make a request of an elected official.<br />

Then I would tell you that there are too<br />

many mayors and officials out there<br />

to where the governor can’t afford to<br />

have meetings with each. But, at every<br />

legislative session, there are going<br />

to be opportunities to work with your<br />

state senators and representatives. And<br />

see if you can have meetings with the<br />

governor, or maybe with state-wide<br />

elected officials as well, as a group or a<br />

region. Maybe all the mayors in a particular<br />

senate district, for example, can<br />

come together, and then the governor<br />

can carve time out and meet. There are<br />

some senators and representatives who<br />

do that routinely, and others never do<br />

it. For those who do it, there’s a lot more<br />

face time that has helped in getting to<br />

know many mayors’ names. I’ve gotten<br />

to know many on a personal basis.<br />

I knew what was important to them,<br />

and then as the capital outlay requests<br />

come in and the money’s available, it<br />

makes a difference. You obviously can’t<br />

have individual meetings because there<br />

just simply isn’t enough time. That’s the<br />

advice I would give on having an effective<br />

relationship with your state-wide<br />

elected officials and state legislators.<br />

What’s something you feel municipalities<br />

could be improving upon<br />

in order to be better heard within<br />

the walls of the Capitol building?<br />

I know that this makes a tremendous difference,<br />

and I’m not saying that you all<br />

(LMA) don’t do a good job, I just believe<br />

it can be improved upon on a municipal<br />

level, and by all local governmental organizations.<br />

Quite often if there’s something<br />

important, mayors, for example,<br />

will visit in the legislator’s district about<br />

something, but when it comes time for<br />

that legislator to vote, whether it’s in<br />

committee or on the floor, the mayors<br />

are not here. And I know that most of<br />

your mayors are part-time, and they have<br />

full-time jobs, so it can be really hard. But,<br />

to the degree possible, it always makes<br />

a difference after you’ve made a request<br />

of your legislator on a bill, on an appropriation,<br />

on a capital outlay project, you<br />

name it, to be in the building and visible<br />

when the votes are taken. That makes<br />

just a tremendous difference, and I’ve<br />

seen that time and time again.<br />

And then the other side of that coin is<br />

equally important. So, you all have a<br />

wonderful staff at the LMA. John Gallagher’s<br />

been around, and he knows what<br />

he’s doing. He’s got relationships with<br />

everybody that matters in Baton Rouge,<br />

but at the end of the day, it’s a whole lot<br />

easier for him to do his job if his members<br />

are showing up and they’re sticking<br />

to the script. They should be talking to<br />

their legislators and helping him to lobby<br />

- especially on those issues that are<br />

most important. I don’t know that you’d<br />

need to be here on every bill and every<br />

matter, but on those critically important<br />

issues, just having people in the building,<br />

beyond the officers and staff of the LMA,<br />

would be really helpful to John. And this<br />

is not advice I’d give just to members of<br />

the LMA. This applies to the Police Jury<br />

Association, Sheriffs’ Association, School<br />

Boards Association, I mean you name it.<br />

I do think that would be helpful.<br />

Louisiana’s municipalities are leaving<br />

a lot of money on the table in<br />

terms of grants that may be available<br />

to them. What advice would<br />

you give them on how to better<br />

prepare for the securing of funds?<br />

You’re right, Charlotte. That’s always<br />

a challenge because you have a lot of<br />

other municipalities – towns and villages<br />

in particular – who lack the staff<br />

to prepare a grant application, and to<br />

even really know what grants are available.<br />

So, you’ve got to be able to have<br />

someone tell you what’s available, help<br />

you to fashion a competitive application<br />

to earn the funding, and then you’ve got<br />

to be in a position to meet whatever local<br />

match obligation may be attached to<br />

the grant should you be successful.<br />

I would just encourage everyone to take<br />

advantage of every opportunity they<br />

have, especially during the next few<br />

years. The Bipartisan Infrastructure Law<br />

LMR | DECEMBER <strong>2023</strong> Page 11


just turned two years old, but<br />

it’s a five-year program, so<br />

for the next few years you’re<br />

going to continue to have<br />

unprecedented investments<br />

in all types of infrastructure<br />

to include water and sewer;<br />

to include roads, bridges,<br />

and highways - broadband,<br />

you name it - lead pipes. So<br />

just making sure that you are<br />

plugged into the LMA is paramount.<br />

That you’re reading<br />

those emails, you’re reading<br />

those newsletters – so that<br />

you know how to take advantage<br />

of the funding we have<br />

made available specifically for<br />

these purposes. I mean, I think<br />

that is critically important.<br />

Louisiana’s small towns<br />

and villages in particular<br />

are always struggling<br />

with not having enough<br />

in terms of infrastructure,<br />

or with their diminishing<br />

populations, among other<br />

factors. Their needs<br />

are often overshadowed<br />

by the needs and voices<br />

of larger, better-funded<br />

municipalities. How can<br />

they interact with state<br />

government to feel more<br />

supported?<br />

One way is something I mentioned<br />

earlier. You can have<br />

the mayors of these small<br />

villages and towns come<br />

together and ask their legislators<br />

for a meeting to talk<br />

about whatever issue may be<br />

important to them. It may be<br />

addressing crime. It may be<br />

some infrastructure or economic<br />

development issue.<br />

They may be worried about<br />

a hospital staying open, or<br />

they may need a hospital or<br />

different medical service. If<br />

you’ve got a village of, let’s say<br />

300 people, that’s very significant.<br />

But if you’ve now got<br />

four mayors together, all of a<br />

sudden you may have 3500<br />

people, and you’re going to<br />

get a better reception and<br />

more time and opportunities<br />

to express yourself. And then<br />

after you meet with your legislators,<br />

ask them to arrange<br />

a meeting with the governor,<br />

the Division of Administration,<br />

or with the cabinet secretaries<br />

– it depends on what<br />

the issue is. So, joining together,<br />

I think, really does help.<br />

Also, quite often the mayors<br />

of these municipalities know<br />

what the state government<br />

is looking for. So, for example,<br />

you may have several<br />

small villages in close proximity<br />

to one another. There<br />

may be funding available to<br />

consolidate their water or<br />

sewer systems, and they may<br />

be successful if they agree<br />

to consolidation, whereas<br />

they may not be successful<br />

if they apply individually.<br />

On top of that, it’s going to<br />

be very important that if the<br />

state or federal government,<br />

and oftentimes it’s both, invest<br />

in a municipality, let’s<br />

say it’s a water system that’s<br />

going to be several million<br />

dollars, they know that there<br />

is going to be a viable effort<br />

made to pay to maintain that<br />

system once it’s put in. That<br />

requires things that can be<br />

very difficult. For example,<br />

the water rates may have to<br />

go up in order to properly<br />

maintain the system, which<br />

may be a requirement of actually<br />

getting the funding<br />

in the first place. But that’s<br />

something they can do, and I<br />

understand how hard that is,<br />

trust me, I do. But at the end<br />

of the day, we’ve got a lot of<br />

infrastructure out there that<br />

is really old, and it is failing.<br />

We’re investing more than we<br />

ever have to try and replace<br />

it, but the municipalities that<br />

are doing the types of things<br />

I’m talking about are the ones<br />

who seem to be getting more<br />

of those opportunities. So, I<br />

would just put that out there<br />

for consideration.<br />

As this administration<br />

comes to a close, what<br />

is it you feel municipalities<br />

still don’t know that<br />

could work in their favor<br />

if they did?<br />

You know, Charlotte, I guess<br />

I would refer to all the things<br />

that I have said. But I do want<br />

them to know that their voice<br />

is very powerful, but they<br />

have to show up to be heard,<br />

so show up in numbers. When<br />

they and their colleagues<br />

from other municipalities<br />

across the state are saying<br />

the same thing, it really has a<br />

tremendous and positive impact<br />

on decision-makers. So,<br />

I would just ask them not to<br />

lose sight of that.<br />

I always look at local government<br />

leaders as my partners<br />

in serving the State of Louisiana<br />

because every constituent<br />

of a mayor – every<br />

constituent of a town council<br />

person, for example – is also<br />

a constituent of the governor.<br />

You know, if you show up,<br />

and you’ve got a good idea<br />

about how the governor, or<br />

how the legislature, can better<br />

serve your municipality,<br />

Page 12<br />

LMR | DECEMBER <strong>2023</strong>


then you are working in partnership<br />

with those people so they can be better<br />

public servants themselves. So, that’s<br />

something we also take very seriously.<br />

As often as possible, when you have an<br />

issue, come with something you believe<br />

is a solution as well. Put both of those<br />

things before the decision-maker, and I<br />

think you’ll see a lot more success.<br />

And then lastly, because I know that<br />

some members are more active than<br />

others in coming to meetings and going<br />

to conferences – and by the way, Charlotte,<br />

I’ve always enjoyed speaking at<br />

the LMA conferences, so I thank you all<br />

at the LMA for that – but some are more<br />

active than others. I just want to say on<br />

the record that John Gallagher and his<br />

staff at the LMA do a wonderful job representing<br />

the interests of all of the municipalities<br />

across this state. And they do<br />

a good job at maintaining a good relationship<br />

with me, the governors before<br />

me, and I assume the governors that<br />

are going to come after me, and also in<br />

working where they can with other local<br />

governmental organizations. John and<br />

his staff are really, really good. And I say<br />

that because there may be some members,<br />

especially newly elected members,<br />

who just don’t have the visibility within<br />

the LMA. From my perspective, use the<br />

LMA as a resource, because John Gallagher<br />

is among the best who actually<br />

work in the State Capitol, advancing the<br />

interests of his organization.<br />

And finally, Governor Edwards, as<br />

it’s nearing Christmas, what would<br />

be your Christmas wish for both<br />

the LMA and our many Louisiana<br />

local governments?<br />

My Christmas wish is really that our state<br />

continues to move forward and continues<br />

to make progress. I am genuinely inspired<br />

by the goodness and the decency<br />

of the people of Louisiana, and their<br />

resilience in the face of challenge after<br />

challenge. And yet despite all of that, all<br />

the challenges, we’re going to close this<br />

year out with the lowest unemployment<br />

rate ever measured, more money in our<br />

banks than ever before, and we have an<br />

economic development forecast that’s<br />

one of the rosiest ever. We’re going forward<br />

with tens of billions of dollars in<br />

projects that are going to have a positive<br />

impact all over the State of Louisiana.<br />

So, let’s remember over the holiday<br />

period, which is also as I’m closing out<br />

my term as governor, to be thankful.<br />

But to also be more resolute and determined<br />

to continue to work together and<br />

make a positive difference. That would<br />

be my Christmas wish to the LMA and its<br />

member municipalities.<br />

On behalf of the Louisiana Municipal<br />

Association, we thank Governor Edwards<br />

for his candor and his time.<br />

Inauguration Flags Needed<br />

Governor-Elect Jeff Landry’s inauguration planning<br />

team is seeking assistance in procuring the use of<br />

American flags for his inauguration ceremony on January<br />

8. Municipalities are invited to loan flags and<br />

flagpoles to be used for decor for the occasion. Here<br />

are the instructions for those who wish to participate:<br />

Flagpole dimensions: 1.5” inches x 21 ft.<br />

Flag dimensions: 3 ft x 5 ft.<br />

All flags and flagpoles must be dropped off at the<br />

grounds of the Capitol building by <strong>December</strong> 29 at<br />

noon. Please label all flags with the name and phone<br />

number of your municipality. Following the ceremony,<br />

municipalities may pick up flags and flagpoles on<br />

January 10 at the Capitol.<br />

If you have any questions, or want to participate in the<br />

inauguration through flag and flagpole donations,<br />

please email Keli Ourso at keli@oursoconsulting.com.<br />

LMR | DECEMBER <strong>2023</strong> Page 13


A New Year’s Bonne Fire<br />

Halfway down Hwy. 74 in<br />

Gonzales, across from Hebert<br />

Steel, sits a 150-yearold<br />

home that exudes<br />

Southern charm, and I’ve often<br />

admired it as I’ve driven<br />

by. After meeting the family<br />

who lives there, I could write<br />

a story solely on the history<br />

of the home itself, but it’s<br />

what’s behind the home that<br />

sets the tone of this piece.<br />

I first met the Duplessis and<br />

Laiche families in <strong>December</strong><br />

of 2012, when I wrote an article<br />

on a cultural tradition<br />

they partake in annually as<br />

a way of ringing in the New<br />

Year. I was concerned the<br />

state-wide burn ban would<br />

impact them this year, so I<br />

reached out to Cody Duplessis<br />

and Courtney Laiche.<br />

It turns out they’d had the<br />

thought the tradition may<br />

go by the wayside, as well.<br />

Each weekend in <strong>December</strong>,<br />

Cody Duplessis (left) and Courtney Laiche (right)<br />

the Laiche and Duplessis<br />

families join together with<br />

friends and volunteers, and<br />

they create impressive bonfires<br />

for an entire community<br />

to enjoy. The land they<br />

build these structures on is<br />

immense. Green grass and<br />

open fields span many an<br />

acre. And smack dab in the<br />

middle, for the past twenty-five<br />

years, they’ve built<br />

willow wood structures as<br />

a way of seeing in the New<br />

Year in their own personal<br />

blaze of glory. Knowing<br />

that tradition will continue<br />

this year brings me a sort of<br />

peace. That’s just the thing<br />

needed to see in the newness<br />

of another year.<br />

“We’ve never had to postpone<br />

our bonfire before,”<br />

said Cody Duplessis. “It<br />

wouldn’t have been the<br />

same if we had to this year,<br />

so we’re happy that didn’t<br />

Page 14<br />

LMR | DECEMBER <strong>2023</strong>


happen. It would have been<br />

disappointing.”<br />

“We’d have still built it, but<br />

we would have had to wait<br />

until the ban was lifted to set<br />

it ablaze,” added Courtney<br />

Laiche. “That wouldn’t have<br />

had the same feel, and we do<br />

this for the community. We<br />

would have lost their interaction<br />

were we to burn it after<br />

New Year’s Eve.”<br />

“I mean we are in Louisiana,<br />

so we were holding out hope<br />

that it’d rain eventually. It always<br />

does,” quipped Duplessis.<br />

When I first met with members<br />

of both families thirteen<br />

years ago, they were putting<br />

the finishing touches on an<br />

enormous space shuttle;<br />

an homage to the final year<br />

of the NASA flights. It was<br />

a chilly afternoon, which<br />

somehow made what I was<br />

witnessing all the more spe-<br />

LMR | DECEMBER <strong>2023</strong> Page 15


cial. Family and friends were bundled<br />

up, hot cocoa in hand, joining together<br />

as they began completing something<br />

truly built out of love. Beaming from<br />

ear to ear, Courtney Laiche told me<br />

how it’s a special project for them all.<br />

He said just being in each other’s company<br />

at this time of year is something<br />

not only important but heartwarming<br />

to them all.<br />

Twenty-five years ago, the families<br />

started their New Year’s Eve tradition<br />

with only a small brush pile. The following<br />

year, they found themselves<br />

building a 42 ft. tall tee-pee. Each year<br />

since, the theme has changed, and the<br />

structures have taken on scales they<br />

once only dreamed of.<br />

Chad Duplessis does most of the<br />

sketching, and ideas have come from<br />

all over. Among the designs have been<br />

a carousel, a custom Winnebago (complete<br />

with a carved-out Play Station<br />

3, television, and steering wheel), a<br />

50 ft. x 30 ft. Tiger Stadium, the Sunshine<br />

Bridge, a jambalaya pot, and that<br />

space shuttle I mentioned earlier. This<br />

year, it’ll be a giant chainsaw as a salute<br />

to builders across the state. The<br />

goal is a structure some 25 feet wide<br />

by 12 feet high, but as often happens<br />

when this group gets together, things<br />

get bigger and bolder.<br />

The most meaningful structure and<br />

perhaps the group’s favorite, according<br />

to Duplessis, was a tribute to a<br />

cousin, Luke Villar, who was murdered<br />

in a store robbery. Luke was a musician<br />

and a beacon of light to those who<br />

knew him.<br />

“We built a guitar and an amp as a tribute<br />

to him,” he said. “It was something<br />

Page 16<br />

LMR | DECEMBER <strong>2023</strong>


we needed to do; to look<br />

out at the fire and share in<br />

memories of him as we also<br />

let part of him go. Ashes to<br />

ashes and all that. It meant<br />

a lot.”<br />

The pride in their craftsmanship<br />

has been apparent for<br />

two and a half decades, and<br />

the tradition is continuing<br />

on through younger members<br />

of both families. Harri<br />

Tran (24), Alexander Pugh<br />

(19), Ethan Pugh (16), Jacob<br />

Duplessis (16), Andrew Laiche<br />

(5), and Audrey Laiche<br />

(4) aim to carry on the proverbial<br />

torch of culture and<br />

creativity.<br />

sauce piquant, free to any<br />

and everyone who happens<br />

by (but they wouldn’t<br />

say no to any other holiday<br />

delights people feel like<br />

bringing), and they remind<br />

each other of the many cars<br />

they’ve heard screeching to<br />

a halt along Hwy. 74 when<br />

the lighting begins on New<br />

Year’s Eve at 8:00.<br />

There’s a huge fireworks<br />

display in a separate area,<br />

and the bonfire lighting<br />

is carried out under the<br />

strictest of safety measures<br />

including barricaded areas,<br />

plenty of on-site help to supervise<br />

every aspect of the<br />

burn, and tons of water on<br />

standby.<br />

What makes the bonfires<br />

an even greater spectacle<br />

is that anyone is welcome<br />

to stop by. The more the<br />

merrier. They tell me that<br />

each year, visitor numbers<br />

grow in size, and it’s not unusual<br />

for 200 or even 300<br />

people to view the bonfire.<br />

They cook a gumbo and a<br />

LMR | DECEMBER <strong>2023</strong> Page 17


Thirteen years ago, as I prepared to<br />

leave this welcoming, kind group of<br />

people, I found myself saying I’d be<br />

back one day, if only to experience<br />

some holiday magic. The thought of<br />

seeing a new year in with this new<br />

group of friends, sharing in something<br />

they have such passion for,<br />

just seemed right in some small way.<br />

I spent a good few years doing just<br />

that, and it wasn’t simply a sight to<br />

behold, but it also made me proud to<br />

be in a community within a state so in<br />

tune with the importance of cultural<br />

traditions.<br />

The future looks brighter when we<br />

can come together and celebrate our<br />

uniqueness. It’s something Louisiana<br />

and her people do so well – especially<br />

when those people are lighting the<br />

way for us all.<br />

You can follow the group on the Laissez<br />

les Bon Temps Brûler Facebook page.<br />

by Charlotte<br />

Smith<br />

AMCorp<br />

International<br />

Smith is a Senior Communications<br />

Consultant for AMCorp and is the Editor<br />

of the Louisiana Municipal Review.<br />

Contact: charlotte@teamamcorp.com or<br />

call 225.650.3281.<br />

LMA Proud Co-Host of 2024 SGR Conference<br />

Local government leaders have never faced more challenges<br />

than they do right now. Whether it’s caused<br />

by too much turmoil or too few resources, the task<br />

of delivering excellent customer service, building a<br />

great team, and accomplishing any forward progress<br />

towards a common goal is becoming an increasingly<br />

complicated challenge.<br />

Rediscover and reinvigorate the reason why you chose<br />

to respond to this noble calling by making plans now<br />

to join us in Dallas from January 25 - 26 for SGR’s Servant<br />

Leadership Conference!<br />

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

com, and click on Events.<br />

Page 18<br />

LMR | DECEMBER <strong>2023</strong>


REFUSE TO SURRENDER<br />

How an Underdog<br />

City Applied for<br />

a $10 Million<br />

Federal<br />

Grant<br />

Louisiana’s villages and small towns struggle with infrastructure<br />

issues. There is money available, but sometimes<br />

applying requires a Herculean effort. Our neighbors<br />

in Texas have found a way to take down Goliath<br />

and put together a $10 million dollar application for federal<br />

funding. The story below lays out the blueprint for how<br />

Killeen, Texas, did it, and how you can do it, too.<br />

Across the southeast, from Texas to Virginia, cities and towns<br />

overflow with ideas, hopes, needs, and dreams. Unfortunately,<br />

most find themselves wrestling with the realities of fragile<br />

infrastructure, an affordable housing crisis, population fluctuations,<br />

and little capacity to access the pots of federal funding<br />

at the end of the rainbow that can help bring needed relief to<br />

communities. Even preparing to apply for a federal grant may<br />

seem daunting at best, impossible at worst. While the promise<br />

of federal aid exists at historic levels, for those who have never<br />

applied for a federal grant, where do you start? What does it<br />

take to apply for these large funding pots and make the promise<br />

of a better community a reality?<br />

Let us look deep in the heart of Texas – Killeen to be exact.<br />

With a population of a little over 160,000 residents, this city<br />

sits about seventy miles north of Austin and adjacent to Fort<br />

Cavazos (formerly Fort Hood) military base, which is the primary<br />

driver of the city’s economy. For 10 years, Killeen has<br />

seen rapid population increases driven by the presence of<br />

military families. This steady growth over the last decade and<br />

disinvestment in North Killeen has led to a lack of sufficient resources<br />

to support neighborhood revitalization. The city had<br />

the opportunity to apply for a $10 million “Pathways to Removing<br />

Obstacles to Housing (PRO Housing)” grant. If awarded,<br />

this grant will fund the implementation of a 10-year comprehensive<br />

housing strategy to address local housing needs<br />

by increasing affordable, energy-efficient housing through<br />

owner-occupied rehabilitation, rental housing development/<br />

preservation fund, anti-displacement strategies, equitable access,<br />

and blight mitigation and demolition.<br />

Start with identifying partners. Separated by only<br />

a few miles, the City of Killeen and Fort Cavazos recognized that<br />

while maintaining separate housing portfolios, their interdependence<br />

made a more compelling case for federal grant assistance<br />

to bolster their underserved community. In a letter of<br />

support for the grant, US Army Colonel Lakicia R. Stokes wrote,<br />

“Installation leadership recognizes the value of Housing and Urban<br />

Development’s (HUD) strategic goals of supporting underserved<br />

communities, ensuring access to, and increasing production of<br />

affordable housing, promoting homeownership, and advancing<br />

sustainable communities. As a priority geography, we stand ready<br />

to partner with the City of Killeen and HUD to advance these strategic<br />

goals so that Soldiers, Veterans, and their Families have access<br />

to quality, affordable housing meeting their needs in the City of<br />

Killeen, Bell County, and the Central Texas Region.”<br />

Partnerships with mutually beneficial outcomes are key. Just<br />

like Killeen found a formidable ally in Fort Cavazos, many cities<br />

and towns should identify similar community-based organizations<br />

(CBOs) and entities to join forces with to improve outcomes<br />

when applying for federal grants.<br />

Look for technical assistance. Killeen is the story of<br />

the underdog. It is the tale of a small city facing a rising housing<br />

crisis and lacking the resources, institutional knowledge, or<br />

capacity to address the issues alone. Tiffanie McNair, Executive<br />

LMR | DECEMBER <strong>2023</strong> Page 19


Director of Killeen’s Office of Community<br />

Development, knew navigating<br />

the road to a $10 million<br />

grant would be nearly impossible, so she enlisted help from<br />

colleague Edwin Revell, Executive Director of Development<br />

Services. Revell introduced McNair to Nick Deffley, who would<br />

become a powerful ally. Deffley serves as the Director of Federal<br />

Resources for the Southeast Sustainability Directors Network<br />

(SSDN), where he oversees the Local Infrastructure Hub (LIH) Cohorts<br />

Program that will provide a city a capacity grant of up to<br />

$30,000 in value of technical assistance for federal proposal development.<br />

LIH can provide applicants access to experts in grant<br />

strategy, engagement, technical exploration, and federal proposal<br />

development through the support of Bloomberg Philanthropies,<br />

Waverly Street Foundation, and the Ford Foundation.<br />

Killeen applied for the LIH capacity grant and learned quickly<br />

that they would receive the funds needed to be able to engage<br />

with Thomas Consulting Group (TCG), a team of federal proposal<br />

development experts deployed to help the city draft and submit<br />

a proposal to HUD for the $10 million Pro Housing funding.<br />

“Having LIH step in and say we’re going to connect you with<br />

technical assistance that can guide you, support you, and get<br />

you to the finish line - without them, I really feel like looking at<br />

everything I had on my plate at the time, it would not have happened.<br />

It would have just been impossible,” said McNair.<br />

In her first meeting with TCG’s CEO, Michelle Thomas, McNair,<br />

who had only been a resident of Killeen for five months, conveyed<br />

that there was a void in institutional knowledge, and she<br />

had done as much research as she could to communicate the<br />

housing need. TCG tapped into their resources to get housing<br />

needs data, demographics, rental unit availability, how units<br />

are being impacted by the Soldiers assigned to Fort Cavazos,<br />

and created a comprehensive analysis of Killeen’s housing<br />

burden. Because of the LIH capacity grant, TCG provided the<br />

technical assistance needed to help the city assemble what<br />

McNair considers a strong application. The City Council was<br />

very encouraging and appreciative of what was developed on<br />

behalf of the city of Killeen.<br />

Count the cost. Federal funding is available at historic<br />

levels, and so is the assistance needed to apply for those funds,<br />

but at what cost? In the case of the LIH program, the cost is the<br />

time and effort it takes to fill out a three-page application requesting<br />

help with applying for grants aimed at realizing your<br />

community’s full potential to address climate impacts and<br />

build racial wealth equity. For Killeen, the cost of not seeking<br />

assistance to apply to HUD for $10 million in federal funding<br />

would have been unbearably high. Barriers to housing opportunities<br />

caused by outdated zoning and land use statutes<br />

would persist. There would be little chance of developing and<br />

preserving affordable housing. Infrastructure would continue<br />

to deteriorate, and the overall quality of life for a tremendously<br />

underserved community as well as soldiers, veterans, and<br />

their families would decline.<br />

Men and women in uniform have fought valiantly for the freedoms<br />

we enjoy as a nation. Through LIH, the City of Killeen refused<br />

to surrender these military<br />

families to the status quo and has<br />

instead assembled an army to go<br />

after the funding needed to give the underserved and America’s<br />

Armored Corps access to the quality of life they deserve.<br />

“LIH is the friend and partner that you didn’t know you needed,”<br />

said McNair. “They are enthusiastic, they are professional, they<br />

are creative with how they could put together a proposal that<br />

represents your city and reflects who you actually are. I knew<br />

that we were with the right partner from day one.”<br />

Application details and additional information about the Local<br />

Infrastructure Hub<br />

Cohorts program<br />

can be found on<br />

SSDN’s website at<br />

https://www.south-<br />

by Anita<br />

eastsdn.org/pro-<br />

Tillman<br />

grams/ssdns-fed-<br />

eral-programs/<br />

Managing Editor<br />

local-infrastructure-hub-cohorts/.<br />

Anita is the CEO of AMCorp International<br />

For more information,<br />

contact Nick<br />

and has served as the LMA’s Communications<br />

Consultant since 2016. She can be<br />

reached at anita@teamamcorp.com or by<br />

Deffley at nick@<br />

phone at 225-324-5444.<br />

southeastsdn.org.<br />

Building roadmaps from right now<br />

to what's next<br />

CONTACT<br />

ANITA TILLMAN<br />

800-920-9826 EXT 700<br />

WWW.TEAMAMCORP.COM<br />

We help you find your<br />

voice, own your<br />

narrative, and captivate<br />

the right audience.<br />

Messaging<br />

Crisis Communication<br />

Speechwriting<br />

Transition Management<br />

Social Media Management<br />

Strategic Planning<br />

Publication Development<br />

Outreach<br />

Process Improvement<br />

Communication Training<br />

Page 20<br />

LMR | DECEMBER <strong>2023</strong>


LEGAL BRIEFS<br />

Capital Confusion<br />

The <strong>2023</strong> Regular Session birthed two<br />

new laws that fundamentally change the<br />

methods by which municipalities access<br />

capital outlay funding from state coffers.<br />

Unfortunately, there are elements of uncertainty<br />

surrounding each provision.<br />

To start, Louisiana has a new Governor-Elect,<br />

who just appointed a new<br />

Commissioner of Administration. So, the<br />

current approaches and interpretations<br />

of the Division of Administration – which<br />

processes capital outlay applications and<br />

prepares the state’s annual construction<br />

budget – may not be those of future DOA<br />

administrators.<br />

Act 82 makes various streamlining<br />

changes to internal and external capital<br />

outlay processes. The most profound of<br />

those creates a new application mandate<br />

for non-state entities regarding new<br />

construction projects funded by capital<br />

outlay. The requirement means that<br />

municipalities applying for capital outlay<br />

funding for new projects must provide<br />

documentation evidencing their ability to<br />

provide funding in the amount of at least<br />

3% of the total requested funding for the<br />

long-term maintenance of the project.<br />

Essentially, the municipality must have a<br />

sensible plan to ensure that new projects<br />

are properly maintained for the long haul.<br />

The confusion arises regarding the effective<br />

date of this change. Under the clear<br />

wording of the act, this proof mandate<br />

applies to “the funding of all projects included<br />

in the capital outlay budget for<br />

fiscal years commencing ON OR AFTER<br />

July 1, 2024.” That indicates that current<br />

capital outlay applications (submitted by<br />

November 1, <strong>2023</strong>) would have to comply<br />

with this provision since those projects<br />

would be funded in FY24. However,<br />

current DOA leaders are interpreting the<br />

change to apply only to capital outlay applications<br />

submitted starting in 2024 and<br />

funded starting in 2025 (i.e., not applications<br />

submitted in <strong>2023</strong>).<br />

Further complicating matters, the online<br />

portal for submitting capital outlay applications<br />

(eCORTS) has no option or field for<br />

municipalities to provide their statement<br />

of proof of funding. It is suggested that<br />

municipal members immediately prepare<br />

articulations of their maintenance funding<br />

plans to be submitted with all future<br />

applications and to be provided upon<br />

request from DOA regarding pending applications.<br />

While municipalities should consult with<br />

their attorneys to perfect such statements,<br />

here is some suggested language<br />

for consideration:<br />

“In accordance with a new requirement that<br />

Act 82 of <strong>2023</strong> added to Capital Outlay Law,<br />

(insert requesting entity name here) is hereby<br />

documenting, through this Capital Outlay<br />

Request document, that (insert requesting<br />

entity name here) has the ability to provide<br />

no less than three percent of the total<br />

requested amount of funding to be used exclusively<br />

for costs associated with the longterm<br />

maintenance of the project. Maintenance<br />

funding in the amount of at least<br />

($________) will be provided through the<br />

following means: ___________________.”<br />

As always, the LMA will work closely with<br />

agency leaders to stay informed of their<br />

intentions and convey pertinent information<br />

as timely as possible.<br />

Act 292, by contrast, seeks to make local<br />

government access to capital outlay less<br />

burdensome. The new law enables the<br />

state to waive the entire local match or a<br />

portion thereof for a project undertaken<br />

by a municipality under 6,000 in population<br />

or a parish with a population under<br />

7,500. The applicant for a match waiver<br />

must demonstrate “its inability to provide<br />

a local match” by submitting their two<br />

most recent annual audits; and if the project<br />

relates to an existing utility system,<br />

they must submit a rate study from within<br />

the past three years.<br />

But this law gives rise to many unanswered<br />

questions. By what criteria will DOA measure<br />

eligibility for the match waiver? What<br />

are the metrics for evaluating the ability<br />

to provide a local match? What degree of<br />

fiscal health are they looking for? Will they<br />

seek a “sweet spot” of applicants who are<br />

generally fiscally responsible, but simply<br />

lack the match for a particular project?<br />

What effect does the waiver request have<br />

on the overall strength and success of the<br />

capital outlay application? Some municipalities<br />

dedicate more than the minimum<br />

match in capital outlay applications to increase<br />

the chances of their approval – is<br />

that still a winning strategy?<br />

Unfortunately, there is currently NO guidance<br />

from the state to provide any answers.<br />

DOA leaders have indicated that<br />

only a few locals have asked for the match<br />

waiver, and until more applicants do so,<br />

they have no impetus to develop a written<br />

framework for evaluation. So, we are<br />

currently experiencing a circular dynamic<br />

where local leaders are hesitant to submit<br />

requests for match waivers until DOA<br />

develops evaluation criteria; and DOA<br />

is reluctant to develop those evaluation<br />

protocols until more locals request match<br />

waivers. For the time being, municipalities<br />

are encouraged to seek advice from<br />

capital outlay professionals to determine<br />

the best approach for a given project. If<br />

and when DOA formulates how it will digest<br />

this new match waiver authority, we<br />

will disseminate that information to LMA<br />

members as quickly as possible using<br />

multiple platforms.<br />

Editor’s Note: the information provided in<br />

this column is not a replacement for consultation<br />

with your own municipal attorney,<br />

and it should not be considered legal advice<br />

for any particular case or situation.<br />

by Karen Day<br />

White<br />

LMA Executive<br />

Counsel<br />

White is a member of the LMA Legislative<br />

Advocacy Team and can be reached at<br />

kwhite@lma.org.<br />

LMR | DECEMBER <strong>2023</strong> Page 21


Hometown Happenings: January 2024<br />

This January, it’s time to ring in the New Year - Louisiana-style! Lace up your parade watching boots and savor<br />

the chilly gumbo weather because Mardi Gras is peeking around the corner. Resolve to season your year with<br />

this January’s vibrant selection of festivals and parades. It’s the perfect way to start the year.<br />

69th Louisiana Fur and Wildlife Festival<br />

January 12 – January 13, Cameron<br />

https://www.lafurandwildlifefestival.<br />

net/<br />

Looking to warm up your weekend with<br />

a hearty taste of Southern hospitality?<br />

For two days this January, the 69th<br />

Louisiana Fur and Wildlife Festival offers<br />

just that and more. A cherished tradition<br />

since 1955, this Cameron staple salutes<br />

the parish’s vibrant industries every<br />

year, with this year’s events honoring<br />

the Fur & Alligator Industries. From live<br />

entertainment, food and crafts booths,<br />

pageants, and carnival rides to an array<br />

of competitions ranging from a gumbo<br />

cook-off to skeet shooting, this event<br />

has something for everyone to enjoy.<br />

Join the fun and celebrate the rich history<br />

of Louisiana’s coastal legacy at one of<br />

the year’s most storied festivals.<br />

Cinema on the Bayou Film Festival<br />

January 24– January 31, Lafayette<br />

https://cinemaonthebayou.com/<br />

Calling all movie buffs! This month, the<br />

19th Cinema on the Bayou Film Festival<br />

is taking the stage in Lafayette with its<br />

annual one-of-a-kind film-watching experience.<br />

As Louisiana’s second-oldest<br />

film festival, Cinema on the Bayou offers<br />

an eclectic selection of over 150 films,<br />

including narratives, documentaries,<br />

animations, and experimental works.<br />

Watch critically acclaimed films, witness<br />

thought-provoking panel discussions<br />

from industry professionals, and bask in<br />

the unique world of Creole and Cajun<br />

cinema on display. Don’t miss this incredible<br />

eight-day-long cinematic adventure!<br />

Bayou Mardi Gras Parade<br />

January 26, New Iberia<br />

https://www.bayoumardigras.com/<br />

home<br />

Twin Cities Krewe de Riviere Mardi Gras<br />

Parade<br />

January 27, Monroe<br />

https://www.krewederiviere.com/<br />

Bright colors, high spirits, and a parade<br />

to remember - the Neon Revolution is<br />

coming to Monroe with the Twin Cities<br />

Krewe de Rivière on January 27.<br />

Visitors can expect over 50 entries in<br />

this colorfully-themed parade, including<br />

throwing floats, dance groups, and<br />

more, alongside a performance from the<br />

Grambling State Marching Band. Kick off<br />

your Mardi Gras season by being part<br />

of this unforgettable experience. And<br />

make sure to look out for their special<br />

signature prizes!<br />

Welsh Mardi Gras Run and Festival<br />

January 27, Welsh<br />

https://www.facebook.com/<br />

welshmardigras/<br />

Page 22<br />

LMR | DECEMBER <strong>2023</strong>


LMR | DECEMBER <strong>2023</strong> Page 23


LOUISIANA MUNICIPAL ADVISORY AND TECHNICAL SERVICES<br />

LaMATS Celebrates a Quarter-Century of Friendships<br />

As LaMATS staff, consultants, and Board of<br />

Directors put a bow on our 25th Anniversary<br />

Year, we’d like to share a little of the<br />

goodwill we’ve been fortunate to receive<br />

since January from our friends across the<br />

state. We consider the heartfelt thanks<br />

and support of those we serve to be the<br />

highest rewards for our work, and we’re<br />

grateful for every opportunity to help<br />

Louisiana’s local governments.<br />

With the vision and support of LMA’s<br />

1997/1998 Board of Directors and leadership<br />

of then-Executive Director Gordon<br />

King, LaMATS launched our inaugural and longest-running<br />

service, the Insurance Premium Tax (IPT) collection program,<br />

which now includes the majority of Louisiana municipalities<br />

and returns tens of millions of dollars to public coffers each<br />

year.<br />

“LaMATS excels at maintaining<br />

open lines of communication with<br />

the City of New Orleans by keeping<br />

everyone informed and on the<br />

same page. [IPT Coordinator] Mary<br />

Joseph has shown excellent leadership<br />

in the managing of this project.”<br />

- Patrice B. Lee-Fleming, Management<br />

Specialist at City of New<br />

Orleans<br />

Throughout the years, LaMATS has worked to find timely<br />

solutions to numerous municipal puzzles. We’ve developed<br />

a whole suite of services to help with cities’ procurement of<br />

goods and services through LaMATS Purchasing Services<br />

(LPS). This year, we assisted<br />

the Village of Norwood with<br />

the renovation of their historic<br />

bank building, which also<br />

serves as Town Hall. Having received<br />

a State Treasury grant,<br />

Norwood was under a quick<br />

deadline to get the project<br />

completed. We helped them with their RFP, contractor selection,<br />

and contracting guidance, a tremendous opportunity to<br />

bring a lot of valuable services together.<br />

“The Village of Norwood was awarded $235,000 to make repairs<br />

to our old Town Hall building, which was built in 1904. We<br />

were in a time crunch to use this money before the deadline. Not<br />

knowing exactly how to handle this situation, I was advised to<br />

call Paul Holmes at LaMATS. What a blessing that was! He immediately<br />

took charge and guided us through the process. Without<br />

his expertise, we would have been in a time<br />

dilemma. We do appreciate Paul Holmes at<br />

LaMATS for another service provided to the<br />

Village of Norwood, as well as all the municipalities<br />

associated with LMA.” - The Hon.<br />

Rebecca Bellue, Mayor, Norwood<br />

We’ve helped local governments retain<br />

every penny possible of local revenues,<br />

whether from license fees, utility contracts,<br />

or rusty piles of scrap metal. With<br />

our Surplus Property Program just fifteen<br />

months old, we’ve already hit the $1 million<br />

mark in sales of decommissioned municipal<br />

vehicles, construction equipment, technology assets,<br />

and real estate, through our online platform partner Gov-<br />

Deals. That’s a million dollars back in the budgets of Louisiana<br />

local governments!<br />

“…with hands-on,<br />

ongoing support<br />

and simple-to-use<br />

reporting system,<br />

our sellers and<br />

partners like LaMATS consistently see higher returns than traditional<br />

auction methods.” - John Littler, Sr. Manager, GovDeals<br />

Helping municipalities recover property<br />

tax revenue and valuable real estate<br />

through brownfields remediation is one<br />

of our newest areas of service. Now two<br />

years running, the LaMATS Brownfields<br />

Program, in partnership with Louisiana<br />

DEQ, has offered a particularly rewarding<br />

way to make positive impacts all<br />

across the state.<br />

“LaMATS has served as<br />

the conduit to bring together<br />

public, private,<br />

nonprofit, and governmental<br />

entities; and for<br />

the first time in more than<br />

a decade, Louisiana is getting funded for brownfields projects.<br />

That is entirely because of LaMATS efforts… LaMATS has created<br />

a unique awareness and advocacy for the State’s Brownfields<br />

program. They’ve been able to provide the<br />

technical competency so that smaller municipalities<br />

can apply. And to be fair, those<br />

are the ones that typically will need the<br />

most help. And so, LaMATS advocacy work<br />

has really opened the door for communities<br />

all over the state. That’s really a testa-<br />

Page 24<br />

LMR | DECEMBER <strong>2023</strong>


ment to the success of this program.” - Dr.<br />

John Sutherlin, Director, Office of Sponsored<br />

Programs and Research, University<br />

of Louisiana at Monroe<br />

Some of the longest and most worthwhile<br />

relationships LaMATS has made<br />

in the past quarter century are with our<br />

friends at LMA’s many affiliate organizations,<br />

including the Louisiana Municipal<br />

Clerks Association (LMCA); the Louisiana<br />

Association of Municipal Secretaries and<br />

Assistants (LAMSA); and the Louisiana<br />

Recreation & Parks Association (LRPA).<br />

As in years past, LaMATS has been proud<br />

to sponsor numerous <strong>2023</strong> association<br />

conferences and continuing education<br />

for members of these and other important<br />

professional service organizations -<br />

truly the lifeblood of local government<br />

administration.<br />

“The Mayor Eugene Smith Memorial La-<br />

MATS Scholarship has been a Godsend<br />

and a great help<br />

to the LMCA as<br />

well as to the<br />

municipalities<br />

that otherwise<br />

wouldn’t be able<br />

to afford to send<br />

their clerks to<br />

the institute to get the much-needed education<br />

to help them in their jobs. The clerks<br />

that attend the institute gain knowledge<br />

about how to prepare ordinances, motions<br />

and resolutions, ethics, public bid<br />

law, and surplus property just to name<br />

a few, but one of the best values of the<br />

scholarship is the relationships that are<br />

developed between fellow clerks.” - Lora<br />

Johnson, President, LMCA<br />

“With the support of LaMATS through<br />

scholarships and sponsorships, LMCA has<br />

been able to continue Empowering Municipal<br />

Clerks by way of education.” - Meshaun<br />

Arcenaux, Public Relations Officer,<br />

Napoleonville<br />

“LaMATS has been a tremendous contributor<br />

to the continued success of the LAM-<br />

SA organization. A staple in the LAMSA<br />

family, we value the support and assistance<br />

that LaMATS has given us over the<br />

years and are forever thankful to them.”<br />

- Constance Barbin, LCMA, CAP, PM, City<br />

Clerk, City of St. Gabriel<br />

“Happy Anniversary LaMATS! I would like<br />

to express my deepest gratitude for the<br />

unwavering support from Cliff and his<br />

team… LaMATS’ support motivates us to<br />

keep learning and develop those personal<br />

connections, so we can better assist<br />

our community. LaMATS is not just an<br />

‘organization,’ they are our family. Thank<br />

you for being a part of our family. LAMSA<br />

wouldn’t be where we are today without<br />

you.” - Kristine Scherer, Council Clerk, City<br />

of Mandeville and LAMSA Conference Coordinator<br />

“LaMATS has been instrumental in supporting<br />

the Louisiana Recreation and Park<br />

Association by providing sponsorships<br />

for their conferences, helping to enhance<br />

the quality and reach of these important<br />

events. Through their sponsorship, La-<br />

MATS has played a pivotal role in enabling<br />

the association to organize successful conferences,<br />

fostering networking opportunities,<br />

and facilitating knowledge sharing<br />

among professionals<br />

in the recreation<br />

and park industry.<br />

Additionally, La-<br />

MATS extended<br />

its support to the<br />

association’s first<br />

‘Parks & Rec Day at<br />

the Capitol’ event, ensuring a platform<br />

for members to advocate for parks and<br />

recreation funding and policies, thereby<br />

strengthening the voice of the association<br />

and positively impacting the community.”<br />

- Susanne Diez, LRPA Executive Director<br />

After twenty-five years in service, La-<br />

MATS is really just getting started! We<br />

look forward to the next quarter century<br />

with wonder at what the future holds<br />

for Louisiana’s local governments. No<br />

doubt there will be challenges and surprises<br />

along the way, but with the gift of<br />

our great partnerships and long friendships<br />

to guide us, I know we’ll see them<br />

through together.<br />

We send our sincerest thanks.<br />

by Cliff<br />

Palmer<br />

LaMATS Executive<br />

Director<br />

Palmer leads the Louisiana Municipal<br />

Advisory and Technical Services Bureau<br />

(LaMATS) - a subsidiary of LMA. He can<br />

be reached at cpalmer@lamats.net.<br />

LMR | DECEMBER <strong>2023</strong> Page 25


RISK MANAGEMENT, INC.<br />

MPERS Litigation – Analysis of MPERS’ Frequently Asked Questions<br />

In the November edition of the Louisiana<br />

Municipal Review, we provided you with<br />

FAQs regarding the Municipal Police Employees’<br />

Retirement System (MPERS), and<br />

their initiated litigation against several Louisiana<br />

municipalities across the state. This<br />

litigation alleges noncompliance with their<br />

protocols for signing up certain municipal<br />

law enforcement employees into their retirement system.<br />

The decision not to settle any claim (or suit) by MPERS against<br />

your municipality has been, is, and will be, the municipality’s<br />

decision. Your municipality is free to agree with the terms of<br />

the “amended resolution” and any “settlement agreement” at<br />

any time. The attorneys retained by RMI to provide defense,<br />

and guidance, to our LMRMA participant municipalities have<br />

never indicated otherwise.<br />

The legal and financial exposures brought about by the<br />

MPERS litigation are so potentially severe to all possible targeted<br />

Louisiana municipalities, that we also provided a copy<br />

of MPERS’s FAQs through our comprehensive email delivery<br />

system. Since publication, our team of defense attorneys has<br />

analyzed the discussed FAQs, and the following are the results<br />

of this review.<br />

Is membership in MPERS mandatory?<br />

Yes, membership in MPERS is mandatory pursuant to RS.<br />

11:2214 if the conditions therein are met.<br />

Can an officer required to be a member of MPERS opt out?<br />

Yes, under certain circumstances, set forth in R.S. 11:157, the<br />

officer can elect to not become a member of MPERS only if:<br />

1) The municipality covers its employees with social security;<br />

and<br />

2) The municipality has not specifically excluded its employee<br />

police officers from MPERS, but<br />

3) The police employee must enroll in MPERS, and his/her<br />

membership remains in effect until the appropriate affidavit is<br />

prepared and filed by the employee under RS 11:157(c).<br />

But what if the municipality is paying social security on its<br />

chief?<br />

A chief of police, who meets the definition of “employee” pursuant<br />

to R.S. 11:2213(11) must be enrolled in MPERS (unless<br />

the requisite conditions of RS.11:157 have been met), even if<br />

the municipality is paying social security.<br />

Can a municipality force an elected chief to enroll in MPERS<br />

if he/she does not want to?<br />

Probably not. An elected chief of police is a municipal officer,<br />

but not an employee. At least one Attorney General Opinion<br />

indicates that a municipality does not<br />

have the authority to even investigate an<br />

elected chief. The Supreme Court has held<br />

no municipality may revoke any inherent<br />

power of an elected marshal (or chief).<br />

At least one Court of Appeals has held<br />

an elected chief has a cause of action to<br />

sue when a mayor tries to dismiss police<br />

personnel, even though they may be municipal employees.<br />

If a mayor cannot dismiss employees of a department of an<br />

elected chief, it is difficult to envision how the municipality<br />

can force an elected chief to sign documents, if the elected<br />

chief refuses.<br />

MPERS claims on their FAQ page that AG Opinions exist supporting<br />

their claim that they can reach back 10 years. Where<br />

are those opinions?<br />

Great question. We don’t know. We’ve asked for them through<br />

our attorneys, and thus far, MPERS has declined to produce<br />

them. However, we’ve looked too, and we can’t find them. Below<br />

is a QR Code to the results of a Westlaw search in the Attorney<br />

General Opinions database. 36 opinions in total appear,<br />

with all contained in the QR Code within this article. None support<br />

the claim that MPERS can “reach back for ten years.”<br />

What are retirement contributions<br />

considered under Louisiana law?<br />

Contributions to a retirement plan are<br />

a form of deferred compensation.<br />

If retirement contributions are “deferred<br />

compensation,” is the right to<br />

claim them subject to prescription?<br />

The Supreme Court and Courts of Appeal<br />

have held, multiple times, that a<br />

3-year prescription period applies to<br />

claims involving retirement plan contributions:<br />

(Please note that some<br />

operating systems may<br />

produce a pop up when accessing<br />

the QR Code. If your<br />

system does produce a pop<br />

up, simply click on “Block”<br />

to open the file.)<br />

“We reaffirm our previous statements that<br />

contributions to retirement plans are a form of deferred compensation.<br />

Consequently, we find that the plaintiff’s claim is one for compensation<br />

for services rendered. The applicable prescriptive period,<br />

then, is found in La. C.C. Art. 3494, which provides that an action for<br />

the recovery of compensation for services rendered is subject to a<br />

liberative prescription of three years.”<br />

The trial court found that the applicable prescriptive period<br />

is the ten-year period for personal actions. In Fishbein v.<br />

State ex rel. Louisiana State University Health Sciences Center,<br />

04-2482, p. 8 (La.4/12/05), 898 So.2d 1260, 126, the Supreme<br />

Court stated:<br />

Page 26<br />

LMR | DECEMBER <strong>2023</strong>


“Contributions to retirement plans are a form of deferred compensation.<br />

Consequently, we find that the plaintiff’s claim is one<br />

for compensation for services rendered. The applicable prescriptive<br />

period, then, is found in La. C.C. Art. 3494, which provides<br />

that an action for the recovery of compensation for services rendered<br />

is subject to a liberative prescription of three years.”<br />

In Deshotel v. Village of Pine Prairie, 09-670 (La. Ap. 3Cir.<br />

12/9/09), 26 So.3d 975, this court addressed a similar controversy<br />

involving a Pine Prairie police officer who, in 1991,<br />

was misinformed about his MPERS eligibility and was consequently<br />

never enrolled in the state-wide retirement plan. This<br />

court specifically found that Pine Prairie officials breached a<br />

duty to the plaintiff by giving him inaccurate information,<br />

but that, nevertheless, his claim was subject to the threeyear<br />

prescriptive period set forth in La. Civ. Code Art. 3494.<br />

Therefore, we held that when “Deshotel filed suit in June 2007,<br />

the only claims that had not been prescribed were those from<br />

June 2004 forward.” Similarly, in Fishbein, the Supreme Court<br />

held that the three-year prescriptive period governing a<br />

state employee’s cause of action against her employer for<br />

unpaid retirement contributions began to run upon receipt<br />

of the first paycheck in 1980, which did not include the full<br />

contribution. Consequently, the Fishbein plaintiff’s August<br />

2000 suit was prescribed as to all claims arising prior to August<br />

1997. Accordingly, the trial court found that since the<br />

last plaintiff’s date of enrollment occurred in 2002 and this<br />

suit was not filed until 2007, beyond the three-year prescriptive<br />

period, the claim has prescribed.<br />

This court is cognizant that the plaintiffs have suffered a significant<br />

loss, but we are restricted by the law, the facts, and<br />

the standard of review. Therefore, after a review of the record<br />

in light of the applicable law, we do not find that the<br />

trial court was clearly wrong in her determination that the<br />

plaintiffs knew or should have known by the date of their enrollment<br />

in the retirement system and accordingly, the case<br />

is prescribed.<br />

What carries more weight - Attorney General Opinions or<br />

case law?<br />

Attorney General Opinions, though highly regarded, are Attorney<br />

General Opinions or advisory only, and not binding.<br />

We have recognized them as persuasive authority, particularly<br />

where no cases on point exist. At least one Attorney<br />

General Opinion recognizes the potential impact of the<br />

previously cited cases of Fishbein, Deshotel, and Coker on<br />

MPERS contributions.<br />

We hope that this analysis of the MPERS FAQs will assist all<br />

Louisiana municipalities in their individual assessment of<br />

the financial exposure brought about by the MPERS litigation<br />

situation. As previously mentioned, defense services<br />

are provided to LMRMA Liability Fund members which are<br />

covered for Public Officials E&O coverage at no cost, under a<br />

reservation of rights.<br />

If your municipality has been impacted by the MPERS litigation<br />

and you are provided E&O coverage through RMI, please<br />

feel free to contact me directly at 1-800-843-0931 or pcronin@rmila.com.<br />

RMI – Providing risk and coverage related services to<br />

Louisiana municipalities for over 35 years!<br />

Sincerely,<br />

Patrick Cronin, CPCU, AIC, AIM, AAI, ARM, CWCP<br />

General Manager – Risk Management, Inc.<br />

LMR | DECEMBER <strong>2023</strong> Page 27


<strong>December</strong> Public Records Law Training<br />

Join us in Pineville for our next<br />

day-long training session to<br />

help municipal leaders master<br />

PRL compliance.<br />

Thanks to our partnership with<br />

the Police Jury Association<br />

of Louisiana, this session is<br />

provided at no cost, however,<br />

registration is required.<br />

The session runs from 8:00 a.m.<br />

until 5:00 p.m., with an hour<br />

break for lunch. This session<br />

has also been approved by the<br />

Supreme Court for 7.5 hours of<br />

attorney CLE credit.<br />

Register online today by<br />

visiting www.lma.org, clicking<br />

Events, and then Upcoming<br />

Events.<br />

Non-LMA members are welcome<br />

to attend the training as<br />

well and may register for the<br />

event by using the QR Code.<br />

Page 28<br />

LMR | DECEMBER <strong>2023</strong>


LOUISIANA MUNICIPAL CLERKS ASSOCIATION<br />

Clerk’s Corner<br />

The 47th Annual Louisiana Municipal<br />

Clerks Institute, was held on October 22<br />

- 27, <strong>2023</strong>, at the Embassy Suites Hotel in<br />

Baton Rouge.<br />

There were 149 attendees, including 39<br />

first-year clerks, who attended the institute.<br />

This year’s curriculum included<br />

multiple workshops: Building a Positive<br />

Workplace Culture (Shantelle Jacobs,<br />

MA, LPC-S); Understanding Legislative<br />

Process, Resolutions, and Ordinances<br />

(Karen White); Parliamentary Procedure<br />

(Nicole Learson); Your Response to an<br />

Active Shooter (Captain Kyle Weber); and<br />

Domestic Violence 101 (Tayor Robinson),<br />

just to name a few. We also hosted our<br />

3rd Athenian Dialogue class, which was<br />

open to all clerks and centered around<br />

the General Colin Powell novel, “It Worked<br />

For Me In Life and Leadership.” Athenian<br />

Fellow, Mary Lynne Stratta TRMC, MMC,<br />

the Secretary/Legislative Director for the<br />

City of Bryan, TX, Past President of IIMC,<br />

and President of IIMC Foundation, led the<br />

discussion to how the novel relates to the<br />

jobs of municipal clerks as leaders.<br />

This year, six clerks and deputy clerks received<br />

the Gloria King Memorial Scholarship:<br />

Peggy Hollis (Clarks); Fredrika Ruffin<br />

(Kentwood); Margra Steele (Folsom); Barbara<br />

Hall(Oil City); Karla Cohea (Georgetown);<br />

and Angela Jackson Cotton Valley).<br />

Six clerks and deputy clerks received the<br />

Mayor Eugene Smith Memorial LaMATS<br />

Scholarship: Chance Gowan (Oil City);<br />

Dianne Futch (Dubberly); Genia Humbles<br />

(Ida); Shaunica Pates (Bonita); Halli<br />

Polotzola (Washington); and Annissa<br />

Woodard (Jackson).<br />

During this year’s institute, 19 clerks and<br />

deputy clerks graduated from the LMCI:<br />

Ashley Augustine<br />

(Cottonport); Kayla<br />

Bannister (Mansura);<br />

Allicie Briggs<br />

(Tangipahoa); Deborah<br />

Durham (Pollock);<br />

Nicole Guidry<br />

(Youngsville);<br />

Kimberly Guillory<br />

(Iowa); Tronda Gallow<br />

(Grand Couteau);<br />

Barbara Hall<br />

(Oil City); Angela<br />

Jackson (Cotton<br />

Valley); Keyunda<br />

James (Ponchatoula);<br />

Valisa King,<br />

(Many); Mindy<br />

Marcantel, (Lake<br />

Arthur); Tammy<br />

Payton (Walker);<br />

Misty Pee (Haughton);<br />

Halli Polotzola<br />

(Washington);<br />

Rindie Racca (Anacoco);<br />

Rose Roche’<br />

(Port Allen); Katina<br />

Smith (Winnfield);<br />

and Christine Tidwell<br />

(Leonville).<br />

Two clerks and<br />

three deputy<br />

clerks<br />

obtained<br />

certification<br />

as Louisiana Certified Municipal Clerks<br />

(LCMC) and Louisiana Certified Municipal<br />

Deputy Clerks (LCMDC): Kimberlee Cooper,<br />

LCMC (Albany); Jennifer McCallie, LC-<br />

MDC (Oak Grove); Tammy Page, LCMDC<br />

(Pineville); Blaine Rabalais, LCMC (Brusly);<br />

and JoAnn Stevenson, LCMDC (White<br />

Castle).<br />

Two clerks and one deputy clerk obtained<br />

status as Louisiana Master Municipal<br />

Clerks Academy (LMMCA) Entry Level:<br />

Melissa Baum, LCMC (Georgetown);<br />

Heather Jones, LCMDC (White Castle);<br />

and Tiffany Parish, LCMC (Cotton Valley).<br />

One clerk and one deputy clerk obtained<br />

(LMMCA) First Sustaining Level: Donnisha<br />

Alexander, LCMDC (Kentwood); and<br />

Tonya Pennywell, LCMC (Colfax).<br />

After the presentation of awards, this<br />

year’s Banquet entertainment was Royal<br />

Essence Show Band.<br />

The LMCA membership would like to<br />

thank LMCA President, Lora Johnson, for<br />

planning a wonderful and informative<br />

week of classes and setting the atmosphere<br />

so that lasting friendships were<br />

harvested. As a family, we will reap the<br />

blessings for years to come.<br />

The IIMC Region IV meeting will be held<br />

in Fayetteville, AR, <strong>December</strong> 13-15, at<br />

The Graduate Hotel; and the LMCA<br />

Spring Conference will be held on April<br />

24-25, 2024, in Lafayette at the Double-<br />

Tree Hotel.<br />

by Meshaun<br />

Arcenaux<br />

LMCA<br />

Arcenaux is Clerk for the Village<br />

of Napoleonville, and LMCA Public<br />

Relations Officer.<br />

LMR | DECEMBER <strong>2023</strong> Page 29


GOVERNMENT CONSULTANTS INC.<br />

Empowering Louisiana Municipalities: The Benefits of Municipal Bonds<br />

Louisiana municipalities, ranging from<br />

vibrant cities to smaller towns, have a<br />

powerful financial tool at their disposal<br />

– municipal bonds. These instruments<br />

offer a unique avenue for local governments<br />

to fund essential projects,<br />

foster economic growth, and address<br />

the evolving needs of their communities.<br />

This article explores how municipal<br />

bonds can be a catalyst for positive<br />

change and sustainable development<br />

across Louisiana.<br />

Municipal bonds provide Louisiana municipalities<br />

with a reliable means of financing<br />

critical infrastructure projects. From<br />

roads and bridges to water and sewer<br />

systems, the funds raised through municipal<br />

bonds enable local governments<br />

to address pressing infrastructure needs,<br />

contributing to the overall well-being and<br />

safety of their communities.<br />

One of the key advantages of municipal<br />

bonds is the ability for municipalities to<br />

access cost-effective capital. Due to their<br />

tax-exempt status, municipal bonds often<br />

attract investors seeking a tax-advantaged<br />

investment, resulting in lower<br />

interest rates for municipalities. Recently,<br />

interest rates have seen an increase, driven<br />

largely by the actions of the Federal<br />

Reserve Bank to control inflation. The<br />

Federal Reserve Chairman indicated that<br />

while he is encouraged by the slowing<br />

pace of inflation, he expects the process<br />

GOVERNMENT CONSULTANTS, INC.<br />

Specializing in Bond Issues and Financing<br />

still has “a long way to go.” While higher<br />

than they’ve been in a decade, rates are<br />

still relatively attractive compared to historical<br />

averages.<br />

By leveraging municipal bonds, Louisiana<br />

municipalities can stimulate economic<br />

growth and community development.<br />

Projects funded through these<br />

bonds, such as business districts, recreational<br />

facilities, and cultural centers, not<br />

only enhance residents’ quality of life<br />

but also attract businesses and promote<br />

tourism, contributing to a vibrant local<br />

economy.<br />

Municipal bonds offer municipalities<br />

flexibility in structuring their financing<br />

CONTINUED PAGE 31<br />

L. Gordon King<br />

Deatriz Riggins<br />

Nnamdi Thompson<br />

Shaun B. Toups<br />

James R. Ryan<br />

Jamie Holloway<br />

Benjamin Bankston<br />

(Consulting & Municipal Advisory Firm)<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 governmental 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<br />

independent advice and analysis to assist in financial<br />

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 />

6767 Perkins Rd., Suite #250<br />

Baton Rouge, LA 70808<br />

(225) 344-2098 (Phone)<br />

gcla@gc-la.net (Email)<br />

We Have The Experience!<br />

Page 30<br />

LMR | DECEMBER <strong>2023</strong>


LOUISIANA ASSOCIATION OF CHIEFS OF POLICE<br />

Partnership Offers Law Enforcement Training Solutions<br />

Greetings from the Louisiana<br />

Association of Chiefs<br />

of Police. I am honored to<br />

speak to you about an important<br />

opportunity to improve<br />

the quality of public<br />

safety in your municipality.<br />

For the 237 municipalities<br />

with mayor’s courts,<br />

state law affords two opportunities to<br />

support the educational efforts of LACP.<br />

From training newly elected/appointed<br />

chiefs of police, to providing ongoing<br />

training for law enforcement throughout<br />

the year, LACP’s aim is to empower<br />

municipal police to provide the highest<br />

standard of public safety services to<br />

their communities.<br />

La. R.S. 33:2334 provides that when a<br />

mayor’s court grants bail and issues an<br />

appearance bond for the next court<br />

date, they may assess a $15 fee, $2 of<br />

which may be allocated to LACP for<br />

law enforcement education and training.<br />

Similarly, La. R.S. 33:441 authorizes<br />

mayor’s court to designate any portion<br />

of their assessed court costs to LACP for<br />

the education and training<br />

of law enforcement<br />

personnel.<br />

I humbly request that<br />

mayor’s court municipalities<br />

consider allocating<br />

funds from appearance<br />

bonds and court costs to<br />

LACP. Those funds will be<br />

used entirely toward education<br />

and training for municipal police.<br />

Your contributions are a minimal investment<br />

that will reap maximum benefits<br />

since a well-trained police force is essential<br />

for effective ordinance enforcement<br />

and public protection.<br />

There are municipalities that have been<br />

contributing for some time, and I am<br />

deeply grateful for their consideration.<br />

I hope that those of you who have not<br />

historically contributed to help fund this<br />

critical education will – in light of this<br />

information – take the steps to begin<br />

contributing.<br />

With increasing educational mandates<br />

imposed on law enforcement professionals,<br />

we strive to retain the best possible<br />

teachers, trainers, and presenters<br />

to provide the most updated information.<br />

Your mayor’s court contributions<br />

are a vital part of helping LACP achieve<br />

that goal.<br />

I respectfully urge you to join our efforts<br />

to bring state-of-the-art excellence to<br />

your municipal police departments.<br />

Since 1968, LACP has focused on serving<br />

the needs of municipal law enforcement,<br />

and we are proud to partner with<br />

the LMA and its members because we<br />

know that we are better together.<br />

Thank you for your consideration and<br />

don’t hesitate to contact me for further<br />

information at 225.387.3261.<br />

By Fabian<br />

Blache<br />

Louisiana<br />

Association of<br />

Chiefs of Police<br />

Blanche is the Louisiana Association of<br />

Chiefs of Police Executive Director. He can<br />

be reached by calling 225.387.3261.<br />

CONTINUED FROM PAGE 30: BONDS<br />

options. Whether through general obligation<br />

bonds, revenue bonds, or other<br />

variations, local governments can tailor<br />

their approach to align with the specific<br />

needs of their community projects. This<br />

flexibility enhances the ability to fund diverse<br />

initiatives that contribute to overall<br />

community prosperity.<br />

The funds raised through municipal<br />

bonds can be directed toward improving<br />

and expanding public services. This<br />

includes investments in education,<br />

healthcare, and public safety. By securing<br />

financing through bonds, Louisiana<br />

municipalities can enhance the delivery<br />

of essential services, fostering a safer and<br />

more prosperous living environment for<br />

residents.<br />

Infrastructure projects funded by municipal<br />

bonds have a direct impact on job<br />

creation. The construction, maintenance,<br />

and operation of public facilities generate<br />

employment opportunities, providing<br />

a boost to the local economy. This<br />

economic stimulus, in turn, has a positive<br />

ripple effect, benefiting businesses<br />

and residents alike.<br />

Successfully managing municipal bonds<br />

can contribute to stronger credit ratings<br />

for municipalities. A higher credit rating<br />

not only reduces borrowing costs but<br />

also signals financial stability. This improved<br />

creditworthiness positions Louisiana<br />

municipalities to access additional<br />

financing options and undertake more<br />

ambitious projects in the future.<br />

Municipal bonds stand as a potent financial<br />

tool for Louisiana municipalities,<br />

offering a pathway to address critical<br />

needs, stimulate economic growth, and<br />

enhance the overall quality of life for<br />

residents. By harnessing the benefits of<br />

municipal bonds, local governments can<br />

build resilient communities that thrive<br />

and evolve to meet the challenges of the<br />

future. The strategic use of these bonds<br />

represents an investment not only in<br />

infrastructure but also in the long-term<br />

prosperity and vitality of Louisiana municipalities.<br />

By Ben Bankston and<br />

Shaun Toups<br />

Government Consultants Inc.<br />

Bankston and Toups are Municipal<br />

Advisors with Government Consultants<br />

Inc. They can be reached at bbankston@gcla.net<br />

and stoups@ga-la.net, respectively.<br />

LMR | DECEMBER <strong>2023</strong> Page 31


PRESORT<br />

STANDARD<br />

U.S. POSTAGE<br />

PAID<br />

BATON ROUGE, LA<br />

PERMIT #319<br />

Page 32<br />

LMR | DECEMBER <strong>2023</strong>

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