[StBernard] St. Bernard Parish Council members square off against each other in court

[Westley Annis]

St. Bernard Parish Council members square off against each other in court
by Chris Kirkham, The Times-Picayune 
Friday June 05, 2009, 7:40 PM
A bizarre courtroom drama unfolded in Chalmette Friday, with a divided St.
Bernard Parish Council squaring off over political appointments that will
control the future of a critical, $58 million hospital project.

Three Parish Council members were seeking an injunction against two fellow
councilmen who were appointed last month to the parish's hospital board, a
five-member body tasked with building St. Bernard's first post-Hurricane
Katrina hospital. The trio claimed that Councilmen George Cavignac and Wayne
Landry, appointed to the hospital board by a split vote of the council on
May 19, violated the state's open meetings law by not properly informing the
public that their selections would be voted on that day. 

In Judge Robert Buckley's courtroom Friday, a lively political theater
ensued. Landry and Cavignac represented themselves, cross-examining each
other and each of the three councilmen who accused them of improperly
advertising the hospital board appointments on the council agenda. 

"I guess I can refer to myself as 'me,' and not 'my client,' right?" Landry
asked Buckley at one point while questioning a witness. 

Buckley was caught in the middle, acknowledging at the start of the hearing
that "I'm personal friends with all of you on both sides, and I'm sure
however I rule will make some of you mad at me." 

The case boiled down to two key questions: whether the "motion to discuss
appointments" to the hospital service district board was properly placed on
the council agenda prior to the May 19 meeting, and whether the item was
specific enough to inform the public that actual appointments would be made
that day. 

Buckley said at the end of the hearing that there was "sufficient evidence"
to prove that the item was properly placed on the agenda, despite an
assertion from Council Chairman Frank Auderer in the original court filing
that it was an "unauthorized addition." 

But Buckley said the matter of clarity on the agenda was not as clear-cut,
and asked for court briefs within seven days from Landry and Cavignac and
the attorneys for the opposing council members - Auderer and Councilmen Mike
Ginart and Ray Lauga. 

Auderer, Ginart, Lauga and Daniel Dysart, the hospital board chairman, all
testified Friday that they did not know that Drs. Bryan Bertucci and Paul
Verrette had resigned from the hospital board prior to the May 19 council
meeting. Landry and Cavignac testified that they knew of the resignations
the week before the council meeting, but did not tell fellow council members
because they did not see them between the time the agenda was posted and the
time of the meeting. 

At the May 19 meeting, Landry, Cavignac and Councilman Fred Everhardt voted
to appoint Cavignac and Landry to the board. Ginart and Lauga opposed them.
Auderer and Councilman Kenny Henderson were absent. Henderson has since said
he would have voted for Landry and Cavignac had he been at the meeting. 

Ginart and Lauga fervently opposed the way the appointments were conducted
in Friday's testimony. 

"If I don't know, if the chairman of the (hospital board) doesn't know, how
do we expect the public to know?" Ginart said during a heated testimony. 

Buckley encouraged council members to try and resolve the matter. If not, he
said he would rule once he got the briefs from both sides. 

Landry and Cavignac said afterward that they felt "vindicated" on the matter
of the agenda item being properly posted. Because they would technically
have a majority of the council, with Henderson's vote, the two councilmen
said they would be willing to drop the matter and consider the appointments
again at the next council meeting. 

Chris Kirkham can be reached at ckirkham at timespicayune.com or 504.826.3321.