2015-0307
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
RESOLUTION NO.
Title
A resolution requesting an Attorney General (AG) Opinion as to whether the actions taken by St. Charles Parish President V.J. St. Pierre, Jr., with respect to that which is needed in order to avoid having ran afoul of La. Const. art. VII, Sec. 14(A) as noted in AG Opinions 13-0171 and 14-0045, were reasonable and requires no more action on his part or to advise on further action required should it be opined that the actions taken were not reasonable.
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WHEREAS, AG Opinion 13-0171 stated "... in order to avoid running afoul of La. Const. art. VII, Sec. 14(A), which prohibits the gratuitous alienation of public funds, the Parish must seek to recover the expenses associated with providing the dumpsters"; and,
WHEREAS, AG Opinion 14-0045 stated "We have also opined that based on the language of La. Const. art. VII, Sec. 14(A), a public entity has no authority to set-aside, reduce, or otherwise forgive a debt owed to the public entity. See La. Atty. Gen. Op. Nos. 13-0079, 10-0287 and 10-0264. Therefore, if money is owed to the Parish, the Parish should take reasonable steps to recover it"; and,
WHEREAS, AG Opinion 14-0045 stated "...with regards to the means or method the Parish should use to recover any funds owed to it, our office will defer to the Parish's legal counsel; and,
WHEREAS, AG Opinion 14-0045 stated "Counsel to the Parish is in the best position to determine which debts are collectable and what collection methods to pursue..."; and,
WHEREAS, the Parish's legal counsel determined that the best collection means or method was to send a form letter to the individuals that received dumpsters written to "Dear Resident" which did not state how much was owed and did not advise on how to learn of how much they owed; and,
WHEREAS, the form letters were reportedly sent standard mail to each individual that received a dumpster but there is no evidence showi...
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