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Message
re: St. George Fires Back at Lawsuit
Posted on 12/3/19 at 9:26 am to BlackAdam
Posted on 12/3/19 at 9:26 am to BlackAdam
“Probably” unconstitutional?
The constitution explicitly says that no home rule charter nor plan of government may prevent incorporation. Pretty fricking plain language. Even Trudy White would have trouble overcoming that one.
Bonus points for that portion of the constitution only existing because of an EBR parish Civil Rights figure trying to obtain the right for black areas like Scotlandville to incorporate, should they choose to do so and lobbying hard during the early 70s to get it in the new constitution.
The constitution explicitly says that no home rule charter nor plan of government may prevent incorporation. Pretty fricking plain language. Even Trudy White would have trouble overcoming that one.
Bonus points for that portion of the constitution only existing because of an EBR parish Civil Rights figure trying to obtain the right for black areas like Scotlandville to incorporate, should they choose to do so and lobbying hard during the early 70s to get it in the new constitution.
1
Posted on 12/3/19 at 9:27 am to doubleb
quote:
dam, the OP linked the response to the lawsuit. Did you read it?
Yes. That is why I said they are fighting items they cannot win. Any dime spent on standing is a dime not available to be used elsewhere. Seems like a bad start.
Posted on 12/3/19 at 9:30 am to teke184
quote:
Bonus points for that portion of the constitution only existing because of an EBR parish Civil Rights figure trying to obtain the right for black areas like Scotlandville to incorporate, should they choose to do so and lobbying hard during the early 70s to get it in the new constitution.
The man had vision,
Today we see the majority (city of BR) trying to keep control over parishes taxes by preventing a minority (folks in SG) from incorporating and taking tax dollars out of the C-P general fund.
Posted on 12/3/19 at 9:32 am to BlackAdam
quote:
Yes. That is why I said they are fighting items they cannot win. Any dime spent on standing is a dime not available to be used elsewhere. Seems like a bad start.
Seems like a great start to me.
Throw out Broome and Cole and let Ungelsby, a resident of SG, prove he is being harmed.
Posted on 12/3/19 at 9:33 am to BlackAdam
If you get most plaintiffs dismissed (ME, Broome, Cole, etc), it means you can focus on Unglesby, who is the only one who DOES have standing.
Posted on 12/3/19 at 9:36 am to teke184
quote:
If you get most plaintiffs dismissed (ME, Broome, Cole, etc), it means you can focus on Unglesby, who is the only one who DOES have standing.
And Unglesby would have to prove he is being harmed in some way and that alone would reverse an election.
Posted on 12/3/19 at 9:39 am to doubleb
I’m curious as to the legitimate arguments he can make.
Police or fire protection? Not changed by incorporation.
Schools? Not changed by incorporation and he sent his druggie kid to UHigh anyway before being thrown out for tens of thousands of dollars in vandalism.
Taxes? Not guaranteed to go up but there is nothing forcing him to stay in St George.
Police or fire protection? Not changed by incorporation.
Schools? Not changed by incorporation and he sent his druggie kid to UHigh anyway before being thrown out for tens of thousands of dollars in vandalism.
Taxes? Not guaranteed to go up but there is nothing forcing him to stay in St George.
Posted on 12/3/19 at 9:45 am to teke184
quote:
I’m curious as to the legitimate arguments he can make.
Police or fire protection? Not changed by incorporation.
Schools? Not changed by incorporation and he sent his druggie kid to UHigh anyway before being thrown out for tens of thousands of dollars in vandalism.
Taxes? Not guaranteed to go up but there is nothing forcing him to stay in St George.
Exactly what I was thinking.
Getting Broome and Cole removed seems like a huge win. Cormier was never really a big deal.
Broome, nor Cole had the blessing of the full C-P Council and thus are suing as private citizens. At least that’s how I’m reading the SG response.
Posted on 12/3/19 at 11:45 am to doubleb
quote:
Broome, nor Cole had the blessing of the full C-P Council and thus are suing as private citizens. At least that’s how I’m reading the SG response.
Neither did MOP. According to the document, the use of outside council is not unheard of, but must first receive approval from the Metro-Council. This entire time they have been avoiding that sticky point with outside funding. The thing is, any funding donated for a lawsuit involving the Mayor-Pres. acting in her official capacity as in this case, is now public money, and thus subject to the same rules.
Posted on 12/3/19 at 1:10 pm to tommy2tone1999
quote:
This entire time they have been avoiding that sticky point with outside funding. The thing is, any funding donated for a lawsuit involving the Mayor-Pres. acting in her official capacity as in this case, is now public money, and thus subject to the same rules.
Boom!
Not to mention the outside counsel would be acting as a public servant and thus subject to state ethics laws. This is not to say that she has violated those laws, just that they would apply to her (unless there is special exception for outside counsel).
Posted on 12/3/19 at 1:29 pm to BigJim
quote:
St. George Fires Back at Lawsuit
quote:
Boom!
Not to mention the outside counsel would be acting as a public servant and thus subject to state ethics laws. This is not to say that she has violated those laws, just that they would apply to her (unless there is special exception for outside counsel).
Do you see a problem with the mayor soliciting funds for her private lawsuit from movers and shakers in the community that frequently do business with the city?
Is there a problem with an attorney that receives legal work from the C-P and then works for the mayor and a council person for free?
Do you think citizens in EBR have a right to know who is donating money to the Mayor to help her legal fees?
Posted on 12/3/19 at 1:44 pm to doubleb
quote:
Do you see a problem with the mayor soliciting funds for her private lawsuit from movers and shakers in the community that frequently do business with the city?
Is there a problem with an attorney that receives legal work from the C-P and then works for the mayor and a council person for free?
Maybe. The attorney isn't doing personal work for it, so the mayor isn't receiving something of material value to her. Of course that assumes she is working for the mayor in her official capacity. If she isn't then from an ethical point of view it becomes more problematic. Then you have a contractor doing personal work for someone in a decision making position. That's a big no-no.
quote:In that she is acting in her official capacity, yes.
Do you think citizens in EBR have a right to know who is donating money to the Mayor to help her legal fees?
If this is personal work for the mayor, then you go back to the ethical issue.
Posted on 12/3/19 at 1:54 pm to BigJim
The big question is the mayor acting as mayor or a private citizen?
The attorneys filed the suit on behalf of mayor Broome, which is her title. But is she filing suit on the parish’s behalf or as an individual.
I am not saying there is anything illegal here, but it doesn’t seem ethical that she approached individuals to pay for her lawsuit and some of those same people have business relations with the parish.
It doesn’t seem ethical either for an attorney who is retained by the C-P and gets paid by the C-P to do pro bono work for city and parish officials.
The attorneys filed the suit on behalf of mayor Broome, which is her title. But is she filing suit on the parish’s behalf or as an individual.
I am not saying there is anything illegal here, but it doesn’t seem ethical that she approached individuals to pay for her lawsuit and some of those same people have business relations with the parish.
It doesn’t seem ethical either for an attorney who is retained by the C-P and gets paid by the C-P to do pro bono work for city and parish officials.
Posted on 12/3/19 at 2:07 pm to doubleb
quote:
The big question is the mayor acting as mayor or a private citizen?
It makes no difference. If she is acting in her official capacity, then according to R.S. 33:4, she has no legal standing because she is not the the governing authority of the parish - that would be the entire Metro-Council. If she is suing as a private citizen, then again, she has no legal standing since she does not reside in the proposed area not does she own property there.
Posted on 12/3/19 at 2:12 pm to tommy2tone1999
quote:
ME Cormier have no standing in the lawsuit
100% this. Yup.
Posted on 12/3/19 at 2:22 pm to Parmen
My understanding is that they are suing based on the provision of incorporation causing hardship to a neighboring incorporation.
Basically, they are admitting that if the StG citizens keep their general fund tax dollars to fund StG activities.... then BR city would be negatively impacted because they were using those funds to supplement BR city.
Further proof that StG citizens weren't receiving equitable services and value for their tax dollars, which only further supports their claim/desire for incorporation.
Nice little double edge sword the mayor-president has setup for herself. "Parish President" ...
Basically, they are admitting that if the StG citizens keep their general fund tax dollars to fund StG activities.... then BR city would be negatively impacted because they were using those funds to supplement BR city.
Further proof that StG citizens weren't receiving equitable services and value for their tax dollars, which only further supports their claim/desire for incorporation.
Nice little double edge sword the mayor-president has setup for herself. "Parish President" ...
Posted on 12/3/19 at 2:30 pm to Mahootney
quote:
Basically, they are admitting that if the StG citizens keep their general fund tax dollars to fund StG activities.... then BR city would be negatively impacted because they were using those funds to supplement BR city.
Further proof that StG citizens weren't receiving equitable services and value for their tax dollars, which only further supports their claim/desire for incorporation.
Exactly
Posted on 12/3/19 at 2:30 pm to Mahootney
BR’s argument is “We can’t afford to annex them and we can’t afford to let them incorporate.” And they think that is a winning one?
Posted on 12/3/19 at 2:31 pm to tommy2tone1999
quote:
It makes no difference. If she is acting in her official capacity, then according to R.S. 33:4, she has no legal standing because she is not the the governing authority of the parish - that would be the entire Metro-Council. If she is suing as a private citizen, then again, she has no legal standing since she does not reside in the proposed area not does she own property there.
Understood
I was speaking about the ethics of it all.
Is it ethical for the mayor to solicit funds for a private lawsuit? Would it be ethical to solicit funds for a public lawsuit keeping in mind that in each instance she’s soliciting people who would love to be put in a position where the mayor owes them.
Posted on 12/3/19 at 2:38 pm to teke184
quote:
Schools? Not changed by incorporation and he sent his druggie kid to UHigh anyway before being thrown out for tens of thousands of dollars in vandalism.
It is laughable how all of these elitists against St George never sent their kids or grandkids to these shitty public schools. I will guarantee no one who owns a building on United Plaza or Rents an office there has kids who go to a shitty public school.
The elites and NBR are joining forces to take down what is left of the EBR middle class.
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