[StBernard] St. Bernard council chair requests AG opinion on charter language that could affect parish elections

[Westley Annis]

St. Bernard council chair requests AG opinion on charter language that could
affect parish elections

St. Bernard Parish Council Chairman Guy McInnis on Thursday asked the state
attorney general's office for an opinion on charter language that could
determine whether council members can run for other political positions
while still in office. It also could determine the legality of one sitting
councilman's current tenure.

The charter language, which the Parish Council recently has considered
changing, states that a "council member shall hold no other elected public
office, or any compensated appointive office or employment of the parish
government or compensated office of any state political subdivisions until
one year after leaving office."

In his letter seeking the attorney general opinion, McInnis wrote that, "It
is my opinion that the wording used in the actual amendment is over-broad
and does not effectively convey the intent of the ordinance voted upon by
the public." He also said that several councilmen have run for office
"immediately after their term has expired," and that he's seeking the
opinion to "resolve possible future issues that may arise if sitting members
of this council wish to seek election to another office."

St. Bernard Parish At-large West Councilman George Cavignac was the District
B councilman when he ran for and won the at-large seat in 2011.

His opponent in that race, Earl Dauterive, asked on Tuesday for Cavignac's
resignation citing the charter language.

Dauterive told the council on Tuesday that Cavignac should have had to wait
a year out of office before he ran for the at-large post.

The issue came up as the council has looked at placing four proposed charter
amendments on the Nov. 4 ballot, one of which would revise the charter
language now under question and awaiting the attorney general opinion. That
matter was tabled until the next council meeting in July.

McInnis in part asked that the attorney general's opinion clarify whether
the charter section "actually requires a one year waiting period for a
sitting council member to seek any other elected office." Additionally, he
asked whether the council needs another vote of parish residents to amend
the charter.

The Parish Council in August 2009 approved the current charter language now
in question. That November, parish voters passed the amendment with 71
percent of the vote. 

Only two current council members were in the 2009 council, Cavignac and Ray
Lauga. They recently said the charter amendment was meant to allow council
members to serve on state boards and commissions, but stating that they
could not receive compensation for that activity until at least one year
after leaving office. 

Cavignac said this week that the language was meant to clarify that neither
he nor then-Councilman and current parish hospital Chief Administrative
Officer Wayne Landry could be paid by the hospital until one year after they
left office. He said that the public felt that clarification was needed
after both he and Landry were appointed in July 2009 to the hospital's board
following a highly contested process that brought accusations and
counter-accusations of lying and political subterfuge, and prompted a
lawsuit.

Prior to the 2009 amendment, the charter language had specified that council
members could serve on parish boards and committees, but it had not
addressed whether they could serve on state boards or committees such as the
Hospital Service District or the Housing, Redevelopment and Quality of Life
Commission, both of which had counted councilmen as its members. The charter
also had not discussed compensation for serving in those boards.

Read and download the McInnis letter below:
http://www.nola.com/politics/index.ssf/2014/06/st_bernard_council_chair_requ
e.html