Attorney: THS 100th donation illegal

Legal counsel for the Terrebonne Parish School Board says it’s unlawful for the board to donate funds to the 100th anniversary celebration at Terrebonne High School.

Attorney Clayton Lovell, who represents the school board, issued an opinion last week prohibiting the board from financing or donating funds to the Terrebonne High centennial account.

Lovell, a lawyer with Duvall, Funderburk, Sundbery, Lovell & Watkins, forwarded the opinion to Terrebonne school Superintendent Ed Richard.

“Our research indicates that the expenditure of public funds in this way is prohibited by Article VII, Section 14 of the Louisiana Constitution, which specifically states that public funds may not be loaned, pledged or donated,” Lovell wrote.

Article VII, Section 14 reads: “Except otherwise provided by this constitution, the funds, credit, property, or things of value of this state or of any political subdivision shall not be loaned, pledged or donated to or for any person, association, or corporation…”

Also attached to Lovell’s letter were various opinions from the state attorney general stating that public funds cannot be used to pay for banquets or social gatherings.

“Considering the attorney general opinions, it is our opinion that the use of school board funds to help pay for the upcoming 100-year celebration of Terrebonne High School is prohibited,” Lovell said.

Board President Clark Bonvillain said he wanted to bring the opinion of the school board’s attorney to the public because it is far-reaching and will affect many of the Terrebonne Parish residents.

The school board’s finance committee had asked that the school system give $15,000 to help with the cost of the school’s celebration, which is estimated to cost more than $45,000.

At last Tuesday night’s meeting, after batting the issue about, the school board agreed to have Richard and the finance committee create a master list of what the board can and cannot support.

Board member L.P. Bordelon introduced the substitute motion, which passed 5-4. Board members Roger Dale DeHart, Donald Duplantis, Richard Jackson and Hayes Badeaux voted against it.

“I feel that the board is trying to find ways to launder the money to make this legal,” Badeaux said. “No matter what, the legal counsel has said that it’s illegal and I can’t support it.”

Article VII, Section 14 also prohibited the Town of Gramercy from funding an anniversary celebration in 1977 and the Calcasieu Parish School Board from donating to a retirement party for its employees in 1996, according to state records.

A chief concern shared by the board was what effect the withdrawal of funds would have on the centennial festivities.

Speaking on behalf of Terrebonne High School Principal Graham Douglas and the school, Richard assured board members the school had enough money to sponsor the fall events, but the spring event would be questionable.

According to Richard, the school raised most of the funds for the centennial without prior help from the school board.

Responding to the board attorney’s opinion, Douglas said, “I will respect the school board’s attorney and respect the decision that was handed down … I’m sure [the attorney] is looking at law, but that’s not quite what we were looking for.”

Douglas said the school had hoped to receive assistance to put on the celebration so the outstanding accomplishments of Terrebonne High could be recognized.

“We’re hoping those funds will become available; the only other option we’d have is if the board voted to look at other possibilities,” he said.