Dear EM,
Here is the story of the Library's adventure with the Building Mitigation Committee, chaired by Mr. Taffaro, and with the Parish Council.
The whole affair began in September, 2005. Danny Menesse signed the Project Worksheet for the library building and FEMA allowed me to sign for the contents. Danny, for some reason, wanted me to sign for the Ducros Museum building which definitely did not belong to the library but not for the Chalmette building which had been paid for with library dedicated funds.
Minutes from January 13, 1959, talk about needing a new building. The library was a room in the courthouse at the time.
In 1961, the Library Board looked at vacant buildings as a possibility for a new place, but decided against buying used.
In February, 1962, a representative from a bonding company came to a meeting and Mr. Preble and the group decided to ask for a bond issue to finance a new building.
An audit report from December 31, 1963, reports the purchase of a library site for $5,000.00 and the purchase of US treasury bills. The audit report of December 31, 1988, shows that the bond was paid off. Dedicated library funds were used for the transactions.
From 2005 through the beginning of 2007, I met with various parish officials trying to get someone to give permission for the Library Board to proceed with repairs to the Chalmette building. At first, we thought the Parish was waiting for the 10% penalty to be waived - which made good sense to us.
Early in 2007, we were called to a Building Mitigation Meeting with Craig Taffaro, Judy Hoffmeister, Mark Madary, Chris Merkl, Dave Peralta, and Chief Stone.
They proposed that the Library's five acres between Judy and Bartolo be divided between Murphy and the Fire Department. Murphy was to build an education building for training personnel and the Chief was to build an office building for his staff. They also suggested the Board sell the property to get funds to build.
The Library Board refused the suggestions. The Board would not allow the Parish to take the property nor would it sell. The property cost one million ninety thousand dollars in 2001 and we knew we would lose too much. The committee backed down.
Subsequent meetings with the BMC (Building Mitigation Committee) resulted in various proposals from them. Always they would ask what we wanted to do and always we would say "we want to repair the building and work there until we can build a new building." They would send us away to think again, not accepting our decision to repair and wait.
The Committee always had suggestions: move in with a school library, ask Ms. Votier for land on her campus to build, move into the auditorium behind the cultural center or use what funds you have and
build. Their attitude was that any place was good enough for the library and besides, the Internet was available to answer questions.
Finally in May, 2007, we were given an ultimatum - choose from the options they had proposed. The first, formal Library decision was presented. (Building mitigation script, May 16).
The result of that meeting was the agenda for the June 5, 2007, council meeting. The Library Board was not told about items 39 and 40 on the agenda. A friend of the library notified us about the intent of the meeting. Joey was chairman and allowed me to address the Council before the motions were presented. Mr. Taffaro was infuriated with the statement, especially the comments about usurping the Library Board's authority. The motions about the library were never made at the June 5th meeting.
At the June 5th meeting, however, the Council did make some promises about getting the Judy-Bartolo property ready for building. I called Joey about the promises when the minutes were published. The minutes simply state that Ms. Llamas read a statement. Nothing appeared about the Council's responses. The Council had made no formal and binding commitments.
Joey said we should come to the next Council meeting to get things worked out. We went back in July with another statement and Mr. Taffaro promised a resolution about the library to take care of everything.
That July meeting resulted in Resolution SBPC #66-07-07 dated July 24,2007.
We had no reason to argue with the resolution. We would use the donated Gates trailer until April, 2010, the end of the grant and move from there into a temporary facility the parish promised to provide. In the meantime, the Board had decided to investigate providing their own temporary facility on the Judy-Bortolo site.
With no consultation with me or the Library Board, we find that the library is to become part of the LaCoste project - not a temporary solution at all. The first floor of a school building will be a permanent public library. We know no details other than what was reported in the Council minutes of February 7,2007.
Mrs. Kuehl's term on the Board was to end in 2011, Sally Wolfe's in 2009, Francesca DiFatta in 2009, Skip Malus in 2009. The terms of Pam Nevle, Fred Jirovec, and Rebecca Livaudais had expired, but the Parish rule is that an appointee continues until the Council appoints a replacement,
The Board still had a quorum of legally appointed members, but Mr. Taffaro decided that all parish Boards must be dissolved and everyone must reapply. To be fair, maybe that is why the Board was not consulted on decisions with the School Board, but I was not privy to arrangements either.
At the February 11, 2008, executive finance meeting Mrs. Kuehl and I attended, Mr. Louga and Mr. Ginart commented on the Library Board's inaction - we did not have a building ready for a library - and said the school solution was more than acceptable to them and we should not have a problem with the
Council's decision. Mr. Taffaro said it was the duty of parish government to provide a public library, and this was IT.
St. Charles Parish is building a branch library in Destrehan. The cost is between $250 and $300 a square foot. We have only enough money to build the same size building we are losing to Public Works. The Board is reluctant to squander the funds it has saved for nearly 20 years to build an inadequate building. Library standards suggest 1.25 square feet per capita. The Board would like to build a 33,000 square foot building to accommodate the present and future population.
Now, it is up to the people of the parish to decide whether this is a proper, permanent outcome for the public library in St. Bernard.
Sunday, March 30, 2008
Louisiana Open Meetings Law
§4.1. Public policy for open meetings; liberal construction
A. It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy. Toward this end, the provisions of R.S. 42:4.1 through 10 shall be construed liberally.
B. Further, to advance this policy, all public bodies shall post a copy of R.S. 42:4.1 through 13.
Added by Acts 1976, No. 665,§ 1; Acts 1999, No. 467,§ 1.
§4.2. Definitions
A. For the purposes of R.S. 42:1 through R.S. 42:12:
(1) "Meeting" means the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. It shall also mean the convening of a quorum of a public body by the public body or by another public official to receive information regarding a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(2) "Public body" means village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph.
(3) "Quorum" means a simple majority of the total membership of a public body.
B. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply to chance meetings or social gatherings of members of a public body at which there is no vote or other action taken, including formal or informal polling of the members.
Added by Acts 1979, No. 681,§ 1. Amended by Acts 1981, Ex.Sess., No. 21,§ 1, eff. Nov. 19, 1981; Acts 1988, No. 821,§ 1.
§5. Meetings of public bodies to be open to the public
A. Every meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:6, R.S. 42:6.1, or R.S. 42:6.2.
B. Each public body shall be prohibited from utilizing any manner of proxy voting procedure, secret balloting, or any other means to circumvent the intent of R.S. 42:4.1 through R.S. 42:8.
C. All votes made by members of a public body shall be viva voce and shall be recorded in the minutes, journal, or other official, written proceedings of the body, which shall be a public document.
D. Except school boards, which shall be subject to R.S. 42:5.1, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:7(A) shall provide an opportunity for public comment at such meeting, subject to reasonable rules, regulations, and restrictions as adopted by the public body.
Added by Acts 1952, No. 484,§ 1. Amended by Acts 1976, No. 665,§ 1; Acts 1977, No. 707,§ 1; Acts 1978, No. 456,§ 1; Acts 1979, No. 681,§ 1; Acts 1981, Ex.Sess., No. 21,§ 1, eff. Nov. 19, 1981; Acts 1989, No. 55,§ 1; Acts 2001, No. 285,§ 1.
§5.1. School board meetings; public comment
Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item. A comment period for all comments at the beginning of a meeting shall not suffice as a comment period.
Acts 1997, No. 895,§ 1, eff. July 10, 1997.
§6. Executive Sessions
A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:7, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed to be exempted from discussion at open meetings by R.S. 42:6.1; however, no final or binding action shall be taken during an executive session. The vote of each member on the question of holding such an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting. Nothing in this Section or R.S. 42:6.1 shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of R.S. 42:4.1 through R.S. 42:8.
Acts 1952, No. 484,§ 1. Amended by Acts 1976, No. 665,§ 1; Acts 1977, No. 707,§ 1; Acts 1979, No. 681,§ 1.
§6.1. Exceptions to open meetings
A. A public body may hold an executive session pursuant to R.S. 42:6 for one or more of the following reasons:
(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours before the meeting and that such person may require that such discussion be held at an open meeting, and provided that nothing in this Subsection shall permit an executive session for discussion of the appointment of a person to a public body. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.
(2) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.
(3) Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices.
(4) Investigative proceedings regarding allegations of misconduct.
(5) Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, the repelling of invasions, or other matters of similar magnitude.
(6) Any meeting of the State Mineral Board at which records or matters entitled to confidential status by existing law are required to be considered or discussed by the board with its staff or with any employee or other individual, firm, or corporation to whom such records or matters are confidential in their nature, and are disclosed to and accepted by the board subject to such privilege, for the exclusive use in evaluating lease bids or development covering state-owned lands and water bottoms, which exception is provided pursuant to and consistently with the Public Records Act, being Chapter I of Title 44 of the Louisiana Revised Statutes of 1950, as amended, and other such statutes to which the board is subject.
(7) Discussions between a city or parish school board and individual students or the parents or tutors of such students, or both, who are within the jurisdiction of the respective school system, regarding problems of such students or their parents or tutors; provided however that any such parent, tutor, or student may require that such discussions be held in an open meeting.
(8) Or any other matters now provided for or as may be provided for by the legislature.
B. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply to judicial proceedings.
C. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not prohibit the removal of any person or persons who willfully disrupt a meeting to the extent that orderly conduct of the meeting is seriously compromised.
D. The provisions of R.S. 42:7 and R.S. 42:7.1 shall not apply to any meeting of a private citizens' advisory group or a private citizens' advisory committee established by a public body, when the members of such group or committee do not receive any compensation and serve only in an advisory capacity, except textbook advisory committees of the State Department of Education or the Board of Elementary and Secondary Education. However, all other provisions contained in R.S. 42:4.1 through 42:12 shall be applicable to such group or committee and the public body which established such group or committee shall comply with the provisions of R.S. 42:7 in providing the required notice of meetings of such group or committee.
Added by Acts 1976, No. 665,§ 1. Amended by Acts 1979, No. 681,§ 1; Acts 1982, No. 215,§ 1; Acts 1989, No. 389,§ 1.
§7. Notice of meetings
A.(1)(a) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of their regular meetings, if established by law, resolution, or ordinance, at the beginning of each calendar year. Such notice shall include the dates, times, and places of such meetings.
(b)(i) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of any regular, special, or rescheduled meeting no later than twenty-four hours before the meeting.
(ii) Such notice shall include the agenda, date, time, and place of the meeting, provided that upon approval of two-thirds of the members present at a meeting of a public body, the public body may take up a matter not on the agenda.
(iii) Following the above information there shall also be attached to the written public notice of the meeting, whether or not such matters will be discussed in an executive session held pursuant to R.S. 42:6.1(A)(2):
(aa) A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.
(bb) A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.
(iv) In cases of extraordinary emergency, such notice shall not be required; however, the public body shall give such notice of the meeting as it deems appropriate and circumstances permit.
(2) Written public notice given by all public bodies, except the legislature and its committees and subcommittees, shall include, but need not be limited to:
(a) Posting a copy of the notice at the principal office of the public body holding the meeting, or if no such office exists, at the building in which the meeting is to be held; or by publication of the notice in an official journal of the public body no less than twenty-four hours before the meeting.
(b) Mailing a copy of the notice to any member of the news media who requests notice of such meetings; any such member of the news media shall be given notice of all meetings in the same manner as is given to members of the public body.
http://biotech.law.lsu.edu/cases/la/adlaw/la-openmeetings.htm
A. It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy. Toward this end, the provisions of R.S. 42:4.1 through 10 shall be construed liberally.
B. Further, to advance this policy, all public bodies shall post a copy of R.S. 42:4.1 through 13.
Added by Acts 1976, No. 665,§ 1; Acts 1999, No. 467,§ 1.
§4.2. Definitions
A. For the purposes of R.S. 42:1 through R.S. 42:12:
(1) "Meeting" means the convening of a quorum of a public body to deliberate or act on a matter over which the public body has supervision, control, jurisdiction, or advisory power. It shall also mean the convening of a quorum of a public body by the public body or by another public official to receive information regarding a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(2) "Public body" means village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph.
(3) "Quorum" means a simple majority of the total membership of a public body.
B. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply to chance meetings or social gatherings of members of a public body at which there is no vote or other action taken, including formal or informal polling of the members.
Added by Acts 1979, No. 681,§ 1. Amended by Acts 1981, Ex.Sess., No. 21,§ 1, eff. Nov. 19, 1981; Acts 1988, No. 821,§ 1.
§5. Meetings of public bodies to be open to the public
A. Every meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:6, R.S. 42:6.1, or R.S. 42:6.2.
B. Each public body shall be prohibited from utilizing any manner of proxy voting procedure, secret balloting, or any other means to circumvent the intent of R.S. 42:4.1 through R.S. 42:8.
C. All votes made by members of a public body shall be viva voce and shall be recorded in the minutes, journal, or other official, written proceedings of the body, which shall be a public document.
D. Except school boards, which shall be subject to R.S. 42:5.1, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:7(A) shall provide an opportunity for public comment at such meeting, subject to reasonable rules, regulations, and restrictions as adopted by the public body.
Added by Acts 1952, No. 484,§ 1. Amended by Acts 1976, No. 665,§ 1; Acts 1977, No. 707,§ 1; Acts 1978, No. 456,§ 1; Acts 1979, No. 681,§ 1; Acts 1981, Ex.Sess., No. 21,§ 1, eff. Nov. 19, 1981; Acts 1989, No. 55,§ 1; Acts 2001, No. 285,§ 1.
§5.1. School board meetings; public comment
Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item. A comment period for all comments at the beginning of a meeting shall not suffice as a comment period.
Acts 1997, No. 895,§ 1, eff. July 10, 1997.
§6. Executive Sessions
A public body may hold executive sessions upon an affirmative vote, taken at an open meeting for which notice has been given pursuant to R.S. 42:7, of two-thirds of its constituent members present. An executive session shall be limited to matters allowed to be exempted from discussion at open meetings by R.S. 42:6.1; however, no final or binding action shall be taken during an executive session. The vote of each member on the question of holding such an executive session and the reason for holding such an executive session shall be recorded and entered into the minutes of the meeting. Nothing in this Section or R.S. 42:6.1 shall be construed to require that any meeting be closed to the public, nor shall any executive session be used as a subterfuge to defeat the purposes of R.S. 42:4.1 through R.S. 42:8.
Acts 1952, No. 484,§ 1. Amended by Acts 1976, No. 665,§ 1; Acts 1977, No. 707,§ 1; Acts 1979, No. 681,§ 1.
§6.1. Exceptions to open meetings
A. A public body may hold an executive session pursuant to R.S. 42:6 for one or more of the following reasons:
(1) Discussion of the character, professional competence, or physical or mental health of a person, provided that such person is notified in writing at least twenty-four hours before the meeting and that such person may require that such discussion be held at an open meeting, and provided that nothing in this Subsection shall permit an executive session for discussion of the appointment of a person to a public body. In cases of extraordinary emergency, written notice to such person shall not be required; however, the public body shall give such notice as it deems appropriate and circumstances permit.
(2) Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.
(3) Discussion regarding the report, development, or course of action regarding security personnel, plans, or devices.
(4) Investigative proceedings regarding allegations of misconduct.
(5) Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances, suppression of insurrections, the repelling of invasions, or other matters of similar magnitude.
(6) Any meeting of the State Mineral Board at which records or matters entitled to confidential status by existing law are required to be considered or discussed by the board with its staff or with any employee or other individual, firm, or corporation to whom such records or matters are confidential in their nature, and are disclosed to and accepted by the board subject to such privilege, for the exclusive use in evaluating lease bids or development covering state-owned lands and water bottoms, which exception is provided pursuant to and consistently with the Public Records Act, being Chapter I of Title 44 of the Louisiana Revised Statutes of 1950, as amended, and other such statutes to which the board is subject.
(7) Discussions between a city or parish school board and individual students or the parents or tutors of such students, or both, who are within the jurisdiction of the respective school system, regarding problems of such students or their parents or tutors; provided however that any such parent, tutor, or student may require that such discussions be held in an open meeting.
(8) Or any other matters now provided for or as may be provided for by the legislature.
B. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not apply to judicial proceedings.
C. The provisions of R.S. 42:4.1 through R.S. 42:12 shall not prohibit the removal of any person or persons who willfully disrupt a meeting to the extent that orderly conduct of the meeting is seriously compromised.
D. The provisions of R.S. 42:7 and R.S. 42:7.1 shall not apply to any meeting of a private citizens' advisory group or a private citizens' advisory committee established by a public body, when the members of such group or committee do not receive any compensation and serve only in an advisory capacity, except textbook advisory committees of the State Department of Education or the Board of Elementary and Secondary Education. However, all other provisions contained in R.S. 42:4.1 through 42:12 shall be applicable to such group or committee and the public body which established such group or committee shall comply with the provisions of R.S. 42:7 in providing the required notice of meetings of such group or committee.
Added by Acts 1976, No. 665,§ 1. Amended by Acts 1979, No. 681,§ 1; Acts 1982, No. 215,§ 1; Acts 1989, No. 389,§ 1.
§7. Notice of meetings
A.(1)(a) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of their regular meetings, if established by law, resolution, or ordinance, at the beginning of each calendar year. Such notice shall include the dates, times, and places of such meetings.
(b)(i) All public bodies, except the legislature and its committees and subcommittees, shall give written public notice of any regular, special, or rescheduled meeting no later than twenty-four hours before the meeting.
(ii) Such notice shall include the agenda, date, time, and place of the meeting, provided that upon approval of two-thirds of the members present at a meeting of a public body, the public body may take up a matter not on the agenda.
(iii) Following the above information there shall also be attached to the written public notice of the meeting, whether or not such matters will be discussed in an executive session held pursuant to R.S. 42:6.1(A)(2):
(aa) A statement identifying the court, case number, and the parties relative to any pending litigation to be considered at the meeting.
(bb) A statement identifying the parties involved and reasonably identifying the subject matter of any prospective litigation for which formal written demand has been made that is to be considered at the meeting.
(iv) In cases of extraordinary emergency, such notice shall not be required; however, the public body shall give such notice of the meeting as it deems appropriate and circumstances permit.
(2) Written public notice given by all public bodies, except the legislature and its committees and subcommittees, shall include, but need not be limited to:
(a) Posting a copy of the notice at the principal office of the public body holding the meeting, or if no such office exists, at the building in which the meeting is to be held; or by publication of the notice in an official journal of the public body no less than twenty-four hours before the meeting.
(b) Mailing a copy of the notice to any member of the news media who requests notice of such meetings; any such member of the news media shall be given notice of all meetings in the same manner as is given to members of the public body.
http://biotech.law.lsu.edu/cases/la/adlaw/la-openmeetings.htm
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