OPINION: Ethical concerns regarding “opposition signs” to the Rec Modernization Vote

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Submitted by Julia Bourque, Houma:

 

I have been a vocal proponent for the modernization of the Recreation System in Terrebonne Parish.


I have attended Rec Board meetings, Council Meetings, Task Force Modernization Meetings.

I have walked and canvassed my neighborhood. I have contacted via Facebook and phone many of my constituents to discuss my concerns.

I have had MULTIPLE meetings with President Dove and numerous Council People.


I have been outwardly active in the “Let’s Do More Terrebonne” campaign to better Terrebonne Parish.

I have lived here since 1977 and chose to move back to raise my children.

I am sending you an opinion of some HUGE ethical concerns I have going on in Terrebonne Parish in regards to Rec Modernization.


There are political signs that do not delineate who is placing the signs.

The signs are also being placed on public property.

I am attaching the conversation on Facebook between Gerald Michel and myself. In this conversation he admits he and others are involved in the “opposition signs” to the Rec Modernization Vote. Obviously, it is completely legal for him to have an opinion and to be vocal about that opinion. But to be involved in a group that is placing signs illegally and using public property to do so seems to be a HUGE ETHICAL QUESTION!


 

Comments from Do More Terrebonne Facebook page.

 

See photographs below of places where signs were illegally placed.

To add to this concern, this morning across the street from my home, which is ironically the intersection of Rec Districts 9, 2/3 & 11 a sign was being placed across the street from my house on my neighbor’s private property.  When I asked if they had permission to place the signs I was told “this is public property.” I stated that political signs cannot be place on public property. They continued to place the sign and I reiterated again and again that it was against the law!  They did end up removing the sign. I took a picture of the 2 people installing the sign, along with the vehicle being used, I asked the gentleman who was installing the sign who he worked for, and he said, “the Parish”.


 

See picture below of the signage installers along with the license plate of the public vehicle. I am also attaching this same vehicle parked in the “RESERVED PARKING DIRECTOR” spot at Bayou Black Gym. I believe we have some serious violations going on in Terrebonne Parish.

The statutes involving Councilman Gerald Michel:

Louisiana law states that political advertising must include the information of who paid for the sign.


La R.S. 18: §1463. Political material; ethics; prohibitions

(2)(c) If the communication is not authorized by a candidate, a political committee of a candidate, or its agents, it shall clearly state the (i) name, (ii) physical address (not post office box), and (iii) telephone number and the World Wide Web address if available of the person, committee, entity or organization who paid for the communication and state that the communication is not authorized by any candidate or candidate committee. The name of the payer shall be given in full and no acronyms shall be used.

Further, even simple involvement in the dissemination of the signs requires reporting.  Even if Gerald Michel is able to disguise his monetary involvement, he still openly admitted to materially participating in the scheme.


La R.S. 18: §1463. Political material; ethics; prohibitions

 (3) If an individual, association, organization, committee, or corporation is responsible for or causes the distribution or transmission of any statements relative to candidates or propositions which do not fully disclose the name of the individual or the name of the association, organization, committee, or corporation, and the full and correct name and address of its chairman or other chief administrative officer and whether or not such individual, association, organization, committee, or corporation supports or opposes such candidate or proposition, such individual, association, organization, committee, or corporation shall report all expenditures incurred in relation to the publication, distribution, transportation, or transmission in accordance with R.S. 18:1491.7, 1495.5, or 1501.1.

Reporting is required for opposition in proposition elections.


La R.S. 18:§1486.  Proposition elections; required reports; recall elections

(A)(1)  Any person, including a political committee, who receives and accepts any contribution, loan, or transfer of funds, or makes any expenditure in support of or in opposition to a proposition or question submitted to the voters shall be required to file reports of such contributions and expenditures.

Further, an opposition campaign in excess of $200 requires filing as a PAC.   Unquestionably, the sign quantity times the unit cost of coroplast signs exceeds this threshold.


La R.S. 18:1486 (A)(3)  Except as otherwise specifically provided in this Section and in R.S. 18:1505.4 and 1505.5, the provisions for reporting and filing requirements, prohibited practices, recordkeeping, and penalties applicable to political committees shall apply to persons subject to the provisions of Paragraphs (1) and (2) of this Subsection.

These requirements shall be applicable only if the aggregate amount of contributions, loans, and transfers of funds received and accepted or expenditures made equals or exceeds two hundred dollars at any time during the aggregating period; except that, with regard to expenditures made in support of or in opposition to a proposition or question submitted to the voters by a person who is not a candidate or a member of the principal campaign committee of a candidate or of a political committee, these requirements shall be applicable only if the aggregate amount of expenditures made equals or exceeds one thousand dollars.  “Aggregating period” for purposes of this Section shall mean the period from the date on which the first contribution is received or the first expenditure is made by the person or political committee, whichever is earlier, through the closing date for the last report required to be filed in accordance with this Chapter.

Any funds used toward the purchase of the signs is defined as a campaign expenditure.


La. RS 18:1483(9)(a) “Expenditure” means a purchase, payment, advance, deposit, or gift, of money or anything of value made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election.

State law prescribes penalties for violations of these statutes.

La RS 18: §1461.7. Miscellaneous election offenses; penalties


No person shall knowingly, willfully, or intentionally:

(A)(6) Breach any mandatory provision of this Title.

Whoever violates any provision of Subsection A of this Section shall be fined not more than one thousand dollars or be imprisoned for not more than one year, or both. On a second offense, or any subsequent offense, the penalty shall be a fine of not more than two thousand five hundred dollars or imprisonment for not more than five years, or both.


The Ethics Board exercises restraint to go after private citizens on this statue, due to the threshold of “knowingly, willfully, intentionally.”  HOWEVER, elected officials must file an annual ethics report where they attest under perjury of law to follow all applicable Louisiana election laws.  Elected officials are held to a higher standard.
Regarding the post (see below) on “Bayou Black/Gibson Community” (Rec 9) and the Facebook page soliciting “no votes” and to “Call the Bayou Black Gym at …. For more information”, it is such a confusing message.  Put your message out as to why its ok for you constituents to pay nearly 3 times (currently 14.7 mils) what their neighbor pays and yet their neighbor who pays 1/3 (5 mils) uses the facilities just like those who pay in Rec 9.

No one has EVER questioned Rec 9 (until now) as they have appeared to run a great district and are well respected!

I am a resident of Rec 9.  I pay 3 times what my neighbors pay to use the same facilities.  I have walked the streets to educate my constituents and within about 3 days received signatures of over 160 residents (in a VERY GRASS ROOTS EFFORT) who understand the disparaging taxation as well as want better quality of life and recreational projects in our Parish! That is impressive when the vote for the last Rec 9 millage renewal in 2017 when the vote was 264 for renewal and 205 against (56% to 44%).  That was not exactly a mandate!  As you can see, educating the people of the Rec district is important!  When they know the facts!

Rec 9 residents are not ok with our disparaging taxation! They want change and they want their neighbors to pay fairly.  YET, Rec 9’s board refuses to listen and act on the best interest of their constituents.


This is what originally caught my attention and brought me on board to helping change Terrebonne Parish.  Although, there are MANY more very important issues than this one regarding my personal Rec 9 District.

Post from Rec 9 District