Boat blessing stays dry, despite rainy conditions
April 25, 2018We suggest the Rec 2-3 board resign
April 25, 2018
Members of a Houma recreation district may have violated state law when they had discussions about hiring a lawyer in the weeks preceding the public meeting at which they announce their choice.
The Terrebonne Parish District Attorney’s office is examining the matter, on the basis of a complaint made by The Times. If an action results from an illegal meeting, it becomes invalid. it is possible that the board may choose to revisit the entire discussion regarding an attorney, taking the required steps. The Louisiana Attorney General’s office confirmed Monday that the matter is being looked at as well.
The faux pas, some public interest lawyers said, was if anything indicative of the board’s need for counsel. Over the past year District 2-3 — one of ten such recreation districts in the parish — has been called to task for violations of open meetings laws. More recently questions have arisen concerning the district’s method of handling concession receipts, after financial discrepancies were discovered.
The agenda for Thursday’s meeting of District 2-3 included an item for “discussion and/or possible action regarding legal services for the district.”
Board chairman Gary Beeson announced the item.
“The board has decided to look at legal, to help us for guidance and stuff, so we have a law firm with us tonight,” Beeson said, and introduced attorney Daniel Hoychick of Walker, Eroche and Hoychick.
Hoychick thanked the board for considering him.
“I think we need to do this unless someone has any other ideas on how we are do legal,” Beeson said. “We got a motion on the floor, a second.”
Beeson then turned to Hoychick and said “welcome aboard.”
Under questioning from a reporter Beeson admitted that he had conversations with two other board members — though not at the same time — and that he had a formal proposal from Hoychick. The proposal was not brought to the meeting, and Beeson said he did not know the amount of Hoychick’s fee.
The board is not required — by state law or its own regulations — to seek comparative rates or follow any sort of a bid process for professional services. But discussion of who, or how to go about hiring counsel, attorneys familiar with open meetings laws generally agree, is something that should have been done at a meeting, with public notice given.
“Hiring a lawyer for general advice, particularly to comply with the sunshine laws, is a good thing,” said Baton Rouge attorney Lloyd Lunceford, whose practice for many years has involved public records and public meetings matters. “The way the chairman went about it only illustrates the need for counsel. The chairman is to be commended for traying to take the initiative in this matter, but it appears he stubbed his toe in the way he went about it.”
According to Attorney General Jeff Landry’s open meetings fact sheet, state law embodied in La RS 42:13(A)(1) defines a “meeting” as a convening of a “quorum” of a “public body” to deliberate, or to act, on a matter over which the body has supervision, control, jurisdiction or advisory power.
“Convening of a quorum of the public body solely to receive information regarding any matter over which the body has supervision, control, jurisdiction or advisory power is also a “meeting,” reads the Attorney General’s fact sheet.
“They have to get from point A to point B the right way,” said Lunceford.
At least two members of the public present — as well as a Times reporter — questioned Beeson directly.
Hoychick did not respond to a telephoned request for comment the day after the meeting.
At the same meeting, Beeson addressed allegations of numbers not adding up in regard to concession sales.
Although he said during the week before that the district would have an account determine disparities between inventory and cost, Beeson announced a change in direction.
Since Terrebonne Parish’s government already plans an audit of the district, Beeson said, the choice will be to go with that action rather than continue to hire one on its own dime.
Parish President Gordon Dove, however, has said that any auditing of the district will be charged to its account.
Robert Scott, director of the good-government Public Affairs Research Council of Louisiana, said the record shows that the board could have done better in regard to having discussions among themselves on the water issue.
“In some ways the story sort of tells itself,” Scott said, after being informed of the details. “You don’t have to do a lot of opining to know this is the way they did it and that there is a better process for going about it.”
The methods used to obtain an attorney, Scott suggested did not do much to build public confidence in government.
“At the end of the day this may be the most qualified person, and a person with no conflicts of interest,” Scott said. “But the process didn’t demonstrate that. In fairness to the attorney the process should have been a little more formal.”
