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Broome’s legal status to sue as mayor in question. Update Lamont Cole added to suit

Posted on 11/7/19 at 4:59 pm
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 4:59 pm
From the BRBR pm newsletter;
quote:

In the article, which is making the rounds on social media among St. George supporters, Jenkins points out that under La. R.S. 33:4 an elected official of “the governing authority” of an area that might be adversely affected by a new incorporation has legal standing to contest it.


The question then becomes who makes up “the governing authority”?

Well state law and local law say it’d the metro-council, or so Jenkins maintains.
quote:

Jenkins bases his argument on La. R.S. 42:1102 (11), which defines a governing authority as “the body which exercises the legislative functions of a political subdivision.”


Mary Olive Pierson disagrees of course, but the article goes on to state:
quote:

That said, chapter 2 of the plan of government, like the state law, defines the governing authority of the city and the parish as the Metro Council.


LINK to BRBR

LINK to chapter 2 city law

ETA:
Pierson isn't admitting she was wrong, but she's adding Councilman Lamont Cole to the suit. Not unexpected.

Pierson covering her butt



This post was edited on 11/8/19 at 4:13 pm
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
9009 posts
Posted on 11/7/19 at 5:01 pm to
FUUUUUUUUUUUUUUUUUUUUCK that bitch.
Posted by Bucktail1
Member since Feb 2015
3488 posts
Posted on 11/7/19 at 5:01 pm to
She can't file suit, it's black and white. Literally
Posted by Klark Kent
Houston via BR
Member since Jan 2008
75945 posts
Posted on 11/7/19 at 5:02 pm to
Well, only way to know for sure....let’s hold a taxpayer funded catered lunch on Friday. How does TJ Ribs sound?
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
9009 posts
Posted on 11/7/19 at 5:03 pm to
Have to do a $300k study on whether that's effective or not. Results to be reviewed at black owned business. Then TJ's.
Posted by Tigerbait357
Member since Jun 2011
71185 posts
Posted on 11/7/19 at 5:03 pm to
quote:

Broome


Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7840 posts
Posted on 11/7/19 at 5:03 pm to
Once again MOP shows her arse trumps her law degree. Stupid old goat
Posted by BZ504
Texas
Member since Oct 2005
14071 posts
Posted on 11/7/19 at 5:04 pm to
I wonder what Gravy’s take on this situation is.
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 5:08 pm to
So... if the Parish Council has to do a suit, does the majority of the council have to vote in favor of a suit or can one member push for a suit?

We all know Fat Chauna will push for a suit. Them getting a majority vote in favor of this is unlikely if people actually show up and do their job (Chandler Loupe, I’m looking in your direction.)
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 5:12 pm to
quote:

So... if the Parish Council has to do a suit, does the majority of the council have to vote in favor of a suit or can one member push for a suit?

We all know Fat Chauna will push for a suit. Them getting a majority vote in favor of this is unlikely if people actually show up and do their job (Chandler Loupe, I’m looking in your direction.)



I believe any one member of the C-P Council could sue, but I am certainly no attorney.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7840 posts
Posted on 11/7/19 at 5:12 pm to
quote:

So... if the Parish Council has to do a suit, does the majority of the council have to vote in favor of a suit or can one member push for a suit?


I would think that an individual is still not a governing authority.

ETA: The Metro COUNCIL is the governing authority, and as such must have a majority vote of the members to act in that capacity.
This post was edited on 11/7/19 at 5:30 pm
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104456 posts
Posted on 11/7/19 at 5:13 pm to
I thought she was suing as a private citizen, not as the mayor?
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 5:19 pm to
If so, she has even less standing to sue than a mayor because she doesn’t represent an affected municipality in that case.
Posted by doubleb
Baton Rouge
Member since Aug 2006
43069 posts
Posted on 11/7/19 at 5:20 pm to
Unless she owns property in SG or lives in SG she can’t do that either.
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 5:23 pm to
Sounds like Lipsey has grounds to sue but is doing what he can to get himself removed from standing.
Posted by tommy2tone1999
St. George, LA
Member since Sep 2008
7840 posts
Posted on 11/7/19 at 5:24 pm to
quote:

Sounds like Lipsey has grounds to sue but is doing what he can to get himself removed from standing.


Hey likes the limelight, but not when it has consequences. He's a coward.
Posted by Lickitty Split
Inside
Member since Apr 2017
4198 posts
Posted on 11/7/19 at 5:47 pm to
I’d love for the judge to dismiss her suit with prejudice because she lacks standing to sue. Talk about egg on their face. I won’t say any more because I don’t want to give any advice to the people who are against it.
Posted by Centinel
Idaho
Member since Sep 2016
46693 posts
Posted on 11/7/19 at 5:48 pm to
The last panel of that is missing.


RAAAAAAAAAAAAAAAAAAAACIST!!!!
Posted by teke184
Zachary, LA
Member since Jan 2007
105178 posts
Posted on 11/7/19 at 5:50 pm to
“But black people cant be prejudiced...” - idiot liberals
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41667 posts
Posted on 11/7/19 at 5:51 pm to
quote:

would think that an individual is still not a governing authority.

ETA: The Metro COUNCIL is the governing authority, and as such must have a majority vote of the members to act in that capacity.



From the article:

quote:

In the article, which is making the rounds on social media among St. George supporters, Jenkins points out that under La. R.S. 33:4 an elected official of “the governing authority” of an area that might be adversely affected by a new incorporation has legal standing to contest it.


If the article is correct, then it seems like that the metro council is the governing authority, and the councilmembers are all elected officials, so any of them has legal standing.

I would imagine in that situation, they are suing because of their position as a council member, which is different than the council itself suing.

I'm not an attorney but I've done some work with a parish charter (Not EBR) and we had a lot of discussions on who the "governing authority" is, and it absolutely is the council, not the executive.

Also, I've seen a situation where the council got sideways with the parish president, and the council itself hired legal representation. So we had the parish president represented by the paid staff attorneys (who the citizens pay for) and the council hired their own attorneys (who the citizens paid for). That was fun.
This post was edited on 11/7/19 at 5:53 pm
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