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July 11, 2018
Demolition sought for historic Houma house
July 11, 2018
Chairpersons of various recreation boards in Terrebonne Parish have questions about a mandate — communicated by Terrebonne Parish’s attorney, Julius Hebert — that he represent them in all matters unless a conflict exists and that if one does they may only select counsel from a list he provided.
Parish President Gordon Dove, however, says the concerns might arise from a misinterpretation by the districts, that they are still free to hire whom they wish, so long as he and the Parish Council give approval, and that there is no cause for alarm.
“According to the Terrebonne Parish Charter, as has been interpreted by the Attorney General, the Parish Attorney represents the Terrebonne Parish Consolidated Government, Office of the Parish President, the Council and all related boards and agencies,” the letter, which Hebert said was written at the request of Dove, states. “The rec districts fall within the scope of the charter. Therefore if you need any legal work it should come to my office. In the event that I determine I have a conflict of interest, then I will advise you of the same and you have the right to choose another attorney. However, the attorney must be appointed by the Parish President and ratified by the Parish Council.”
The letter includes a list of five attorneys who are already approved by both the Parish President and the Council.
They are Vincent Dagate, Chris Erny, Patrick Yancey, Jimi Smith and Courtney Alcock.
Some recreation district officials are wary, however, at a time when recreation policies and procedures overall are undergoing reorganization. A new ordinance provides more direct control over the districts, and a related opinion from the office of Attorney General Jeff Landry cements some of that authority. Future issues, some said, could put a given board at loggerheads with the parish government, and inability to seek representation independently could prove problematic.
Several board chairpersons said they expect the content of the letter to be discussed at their next regular meeting.
“I have always known that the different agencies within the government have access to attorneys,” said the chairman of Dularge’s Rec Disrict 9, Lloyd Poiencot. “What I am not comfortable with is if our district decides to take action against the council or the parish, we should have the right to seek our own attorney. We should have the right to go outside Julius Hebert’s embrace. For us, this looks like asking the fox to guard the henhouse, and then asking him for another fox.”
He plans to seek clarification of the letter and its meaning at a parish council meeting.
Other recreation district leaders with concerns include Janelle Bonvillain of District 9 in Gibson.
“I have asked our director to make a copy of the letter for each board member to have at our meeting,” Bonvillain said.
Her district recently purchased some property and was involve with a building lease. They hired Courtney Alcock as counsel. But now Bonvillain is concerned as to whether she should have contacted Hebert first.
The recreation districts are independent entities according to state statute, with the power to levy taxes which pay for land and facilities used for recreation. Concerns over management of some districts — notably 2-3 in 11 in Houma — have resulted in the parish tightening its leash.
Questions about the letter from Hebert are indicative of sensibilities rubbed raw during a year of the parish redefining its role, and scandal within the government’s own recreation department, as well as some recreation districts.
Complicating the relationship is a groundswell toward consolidating recreation districts, a concept opposed by most districts, whose leaders say they are best suited as independent entities to make decisions about recreation needs in their communities.
The Parish President says the letter is not an indication that choice of counsel is being taken away from the districts.
“This says they must use a parish attorney that has been appointed by and ratified by the Council,” Dove said. “That’s per the Home Rule Charter, that the Parish President has the exclusive authority to pick attorneys for local entities and the parish. A recreation board is solely created by the parish and its vendors are put in by the Parish Council. This doesn’t mean they can’t bring me an attorney and ask can you ratify this attorney. There are a lot of attorneys if there is a certain one a district wants they should give me a call.”
