State District Judge Ed Rubin Friday reinstated dismissed Lafayette Housing Authority board commissioners Joe Dennis, John Freeman and Leon Simmons. While City-Parish President Joey Durel had the authority to remove the board members in light of the troublesome 2009 audit, Rubin found, his decision to retain senior commissioner Donald Fuselier constitutes an arbitrary and capricious action.
Seven board members were serving as commissioners during the period covered by the audit; board chairman Buddy Webb resigned after the audit became public for health reasons, and Durel dismissed five members (two did not appeal). He retained Fuselier, saying his background as an attorney and former city prosecutor would be valuable to the board.
Dennis, Freeman and Simmons filed suit after the City-Parish Council upheld the dismissals in a 6-2 vote.
Durel named board replacements on Oct. 7, in the midst of the legal battle, but in court Monday, through Lafayette City-Parish Attorney Pat Ottinger, agreed not to swear them in until Rubin had a chance to review the case.
“The evidence presented illustrates that some of the members who were removed began serving on the board in January of 2009 and therefore cannot be presumed to be at fault for the inadequacies of the 2008 audit,” Rubin wrote, noting that Fuselier was also on the board during the time of the previous year’s audit — which also pointed out numerous problems with how the LHA conducts its business.
Rubin also states that it was Fuselier who "proposed" that LHA Executive Director Walter Guillory receive a $55,000 increase in his pay last year, an amount Rubin says Durel views as “pretty excessive.” Fuselier in the past said that he went along with the raise because Guillory was being recruited for a national housing authority position; he did not, however, say that he made the initial recommendation. The raise increased Guillory's base pay to $186,000, with a $5,000 a year business allowance and other benefits.
The Independent Weekly has confirmed, from records at the LHA, that the board went into executive session on Dec. 3, 2009. After that session, when the special meeting of the board of commissioners was called back to order, Fuselier motioned that the board increase the salary, and Freeman seconded the motion.
Guillory’s new contract was signed that day by Joe Dennis, who was acting as chairman while Webb was out of town. It also appears that Fuselier signed as one of two witnesses. For reasons that remain unclear, the contract was backdated to be effective on Nov. 16, 2009.
Only 15 months earlier, on Aug. 7 of 2008, Guillory's contract was renewed for $131,000; that was supposed to be for five years.
It remains unclear, however, who initially proposed that Guillory receive the exorbitant raise.
The Independent Weekly will continue to follow the impact of Rubin’s decision.
The Board of Elementary and Secondary Education has stalled action on a $3.5 billion annual school funding formula due to state lawmakers by March 15.
The New Orleans Saints have yet to make it official as of this writing, but popular wide receiver Lance Moore has reportedly been cut by the team to free up salary-cap space on the roster.
While two medical marijuana bills are slated for the upcoming legislative session, what some Louisianans might not know is that the plant was approved for therapeutic use by state lawmakers in 1991.
The agenda is shaping up to be lighter than in previous years. But Jindal is term-limited, with fewer than two years remaining in office, and he saw his last big initiative — a proposed rewrite of Louisiana tax law — collapse without getting a vote in 2013.
Sharper has been held without bail because of an arrest warrant issued by Louisiana authorities accusing him and another man of raping two women.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Friday, March 07, 2014:
Two Lafayette men have been revealed by police as the infamous duo behind a caper that shook our fair city to its core.
The Lafayette Parish School Board has received a second letter of demand related to last year’s insurance debacle, this time from Key Benefit Administrators claiming it’s owed $93,000 from the school system.
The Louisiana coastline is vanishing faster than mappers can keep track.
A bill that would have overridden local ordinances prohibiting public and private employers from discriminating against lesbian, gay and transgender people has been pulled within less than a week of being filed.
The panel that selects nominees for a controversial New Orleans area flood control board — a board that is suing more than 90 oil, gas and pipeline companies — is set to discuss legislation affecting its independence.
State prison officials cannot keep secret the seller and manufacturer of the two drugs purchased for executions at the Louisiana State Penitentiary, a federal judge ruled Wednesday.
State lawmakers will not appeal a judge's ruling that it was improper to use $3.7 million from a probation and parole officers' retirement fund to balance the state's operating budget.
Conservatives have been losing their minds over this satirical bit on the Colbert Report.
The Lafayette Parish School Board leaves a lot to be desired, but is scrapping the election process in favor of an appointed board the answer?
The House approved legislation Tuesday night to roll back a recently enacted overhaul of the federal flood insurance program, after homeowners in flood-prone areas complained about sharp premium increases.
The NFL has formally designated New Orleans' Jimmy Graham as a tight end for the purposes of his franchise tag value, which is now set at $7.05 million next season unless Graham and the Saints subsequently agree on a long-term deal.
A federal appeals panel ruled Monday that businesses don't have to prove that they were directly harmed by BP's 2010 Gulf Of Mexico oil spill to collect settlement payments.
The Louisiana Department of Transportation and Development has closed Interstate 10 from I-49 in Lafayette to Seigen Lane in Baton Rouge.
Jim Bernhard, who engineered the sale of The Shaw Group for $3 billion, recently has told several people involved in Democratic politics that he intends to run for governor in 2015.
A New Orleans levee board wants to hold the oil and gas industry accountable for decades of damage to our state’s coastline, but the Legislature may be poised to put the kibosh on the suit.
New standards curb elective induction
CVS stops tobacco sales
If an Acadia Parish fiddler misses a note while swatting a fly, will a St. Martinville accordionist learn “Ma ‘Tite Fille”?
(It's good, it's bad and it's just crazy)