2019-0167
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B
RESOLUTION NO.
Title
A resolution authorizing and calling for the Parish Council to conduct a formal investigation into the two “Special Matters To Be Considered By Council” which have appeared on the May 20, 2019 council meeting agenda regarding the misuse of public equipment on private property, pursuant to the Home Rule Charter, Article III. Organizations, Structure & Distribution of Powers and Functions, A. The Governing Authority, 7. Powers & Duties of the Parish Council, c. iv.
Body
WHEREAS, Home Rule Charter, Article III. Organizations, Structure & Distribution of Powers and Functions, A. The Governing Authority, 7. Powers & Duties of the Parish Council, c. iv. states “Make investigation of Parish affairs and make inquiries into the conduct of any department, office, agency or special district of the Parish, including the investigation of the accounts, records and transactions of the department, office, agency or special district; and for the purpose of investigation, subpoena witnesses, administer oaths, take testimony and require the production of books, papers and other evidence; and any person who fails or refuses to obey any lawful order of the Council shall, upon conviction, be punished in such manner as the Council shall fix by ordinance”; and,
WHEREAS, at the March 11, 2019 parish council meeting, the following Special Matters To Be Considered By Council were read by the Council Chairman; “Misuse of Public Equipment on Private Property on July 1, 2018 in Paradis, Louisiana”; and,
WHEREAS, at the May 20, 2019 parish council meeting, the following Special Matters To Be Considered By Council was read by the Council Chairman; “Misuse of Public Equipment on Private Property on July 1, 2018 in Paradis, Louisiana, was referred by the Legal Department to the District Attorney, who has since advised in a meeting held on May 8, 2019, his position remains that after careful review, he finds no criminal intent, would decline to prosecute and refuse any charges brought against the individuals involved, and it was his understanding this matter was referred to St. Charles Parish officials, which he believes is the appropriate agency to deal with this particular matter and its policies and procedure for employees going forward”; and,
WHEREAS, at the May 20, 2019 parish council meeting, the following Special Matters To Be Considered By Council was read by the Council Chairman; “Misuse of Public Equipment on Private Property in early 2018, when the Parish performed clearing and ditch work that was to be done by the developer of River Road Estates Subdivision shown on the construction plans, done by the Parish under the false pretense that it had a historical servitude in the work area, which documents obtained through normal channels and through public records request confirmed that the Parish has no historical servitude and that the first time the Parish ever performed work in this area was when it performed the illegal work in 2018, which is supported by a conversation had with two of the family members whose family owned the property from 1936 until sold for subdivision development in 2004, who stated that they have no knowledge of the Parish ever having worked on their property”; and,
WHEREAS, it is the desire of the Parish Council that an investigation be conducted by the Parish Council, and should its finding determined that improper activity occurred, that the Parish President attend a Special Meeting of the council to discuss the matter at a meeting to be held within 3 weeks after the findings are provided to the Parish President.
NOW, THEREFORE, BE IT RESOLVED, THAT WE THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby call for the Parish Council to conduct a formal investigation into the two “Special Matters To Be Considered By Council” which have appeared on the May 20, 2019 council meeting agenda regarding the misuse of public equipment on private property, pursuant to the Home Rule Charter, Article III. Organizations, Structure & Distribution of Powers and Functions, A. The Governing Authority, 7. Powers & Duties of the Parish Council, c. iv.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted this day of , 2019, to become effective five (5) days after publication in the Official Journal.
2019-0167 Request for Council to investigate Misuse of Public Equipment (5-22-19)(I_6-3-19)
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________