News -> INDReporter TUE, OCT 12 10:57AM by Leslie Turk

Rubin backs down from contempt threat

[UPDATE: In court Tuesday, City-Parish President Joey Durel, through attorney Pat Ottinger, agreed not to seat new Lafayette Housing Authority board members until Judge Ed Rubin decides whether three of the commissioners were properly removed by Durel. After the City-Parish Council upheld Durel's dismissal of the commissioners, they filed suit in state district court and are asking for a new hearing before the council. Rubin did not hear any arguments Tuesday; he said he would review video of the September council meeting before making a decision. He is expected to rule this week.]

Fifteenth Judicial District Judge Ed Rubin, who Friday ordered City-Parish President Joey Durel and members of the Lafayette council to appear in court Tuesday at 10:30 a.m. for a possible contempt of court hearing, rescinded the order Monday.

Rubin initially set a hearing for Durel to explain why he should not be held in contempt of court for his appointment of six new members to the Lafayette Housing Authority’s board of commissioners while three dismissed members appeal their removal. Rubin, however, apparently changed his mind at about 11 a.m. Monday, releasing Durel and the council members of their obligation to show up in court today (he continued the hearing but did not set a date). Durel made the appointments last Thursday, Oct. 7, after Rubin denied a temporary restraining order that would have prevented him from naming a new board.

The three dismissed members, removed for what Durel called neglect of duty and lack of outrage over a 2009 audit's troublesome findings, are in Rubin’s court today. Joe Dennis, John Freeman and Leon Simmons are asking the judge to give them a second hearing before the council. They contend they were removed before they had a chance to review the 2009 audit, which raised serious questions about how the agency conducts its business and led to a federal investigation, but they have yet to explain why the board of commisisoners has not formally reviewed an audit since at least 2005. Audits over the past several years show a pattern of repeated troublesome findings that point to gross mismanagement of federal funds, lack of oversight of several departments and violations of state bid laws.

After the 2009 audit revealed severe problems with a federal housing program, five case managers were fired by the board Aug. 13. During that meeting, not one board member asked to review the audit, which had been in the LHA's possession and on the state Legislative Auditor's website for more than a month.



Comments (18)add
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written by French Fry Enthusiast , October 12, 2010 - 05:07 pm
Judge Ed Rubin comes to his senses.
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written by beheard , October 12, 2010 - 06:14 pm
Judge Ed Rubin is intimidated by King Durel. It's time for this dog and pony show to end, this whole city is corrupt from city hall to the courthouse to the LHA. Politics is the underlying theme in this whole ordeal. I can't believe Durel is allowing his crony Don Fuselier to remain on the LHA board. And,where is that idiot Rickey Hardy? His days in office are numbered.
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written by Cajunhiker , October 12, 2010 - 06:21 pm
This is just a bunch of games.

Claire Taylor reported this weekend that before a special meeting called by Walter Guillory this summer to appoint a new independent auditor, board Chairman Buddy Webb asked to see the 09 audit. Guillory said it had not been sent, when in Webb in fact knew it had been sent, and that it was also posted on the Legislative Auditor's web site. When Webb told the board this during the meeting, according to the minutes, they chose to go into executive session at Guillory's request.

Then, like you reported, they had another meeting on Aug. 6 when they fired the case workers - apparently without looking at the 09 audit. Point is they had opportunities in recent meetings to review the audit, but simply didn't.

Also, they had numerous meetings to look at the previous years audits. Maybe they did look at the audits and did nothing. Maybe they didn't, but should have. They had to know LHA is a public body that gets audited.

Someone should figure out what these games are costing taxpayers in terms of paying Mr. Ottinger to file responses to court petitions from these 3 men, not to mention the costs of investigations.

Time and money are being wasted. It's time to move on with the business of the new board.
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written by MWStagg , October 12, 2010 - 06:39 pm
There is more to the story than TheInd is letting on. After a pre-trial conference in Judge Rubin's chambers, LCG Pat Ottinger said that the new members City/Parish President Durel appointed to the LHA board last week will not be sworn in until this case is resolved. So, the basis for the contempt citation no longer existed. Durel is the one who backed down here.

As to how this moves forward, Judge Rubin said he would act in his capacity as an appellate court and focus on the existing record and the law. That means the letters from Durel to the board members he wants fired, their appeal letters, and the various records (audio, video and notes) from the special LCG meeting of September 21, as well as the law governing such dismissals.

Judge Rubin said it would take him a couple of days to review the material and rule on the matter.
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written by Leslie Turk , October 12, 2010 - 08:44 pm
MWStagg, we reported on what Rubin did yesterday, signing an order that Durel and the council members did not have to appear in court today for a contempt hearing. It was a new development in the case that was not reported by the Daily and Advocate this morning, so we thought readers should know why Durel and most council members would not be appearing in court. We have yet to report that TODAY (after Rubin pulled back on the order) Ottinger agreed Durel would not swear in new board members until the court decides the matter.
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written by Who? , October 12, 2010 - 10:04 pm
Stagg is a liberal office holder wannabe who needs a haircut. The arrogant, pseudo intellectual facade he attempts to project, along with his bad haircut, speak volumes about why he'll not get elected to anything in public office. At least not in Louisiana.

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written by Upper Lafayette , October 13, 2010 - 01:25 am
Joe Dennis,John Freeman and Rev Simmons. Should you lose your case in the 15JDC don't stop their. Appeal to the third circuit court of appeal an then to the La. Supreme Court if you'll are not successful their. Should you all don't get reinstated appeal to U.S. State Supreme Court. What ever you all do don't do like the three white boards members when the NAACP requested them to be removed. Fight and save your name your reputation is on the line. You all should ask for damages their is some irreparable harm that was cause to your family and your charter. Joe,John and Leon we need to start up a legal defense fund in order to take on city hall. Enough is Enough. Get you a good Jews attorney. Judge Rubin is an Uncle Tom who said he want to see Mr. Durel in court and to explain why he should not be held in contempt. Judge Rubin was talking bad like he was upset and today he was cool than a cube of ice the white man ice him. KNOW THE QUESTION? DID MR DUREL ACT IN GOOD FAITH WHEN HE REMOVE THE THREE BOARD MEMBERS? REVIEWING THE TAPES IS AFTER THE FACT. That is the question the judge must ask? DR WILLIAMS THANK FOR YOUR SEEN IN COURT TODAY WAS WONDERFUL. SHOW THE THREE BOARDS MEMBERS HOW TO FIGHT.
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written by Vista Vision , October 13, 2010 - 02:04 am
Uh Oooooooooooh, heah comes the judge !
Somehow, someday, someway, before the feds arrive in Laf. parish, the veil of stupidy must be lifted from the areas judicial system, the St. Joseph Diners line will see many area politicos at that time..... All's well that ends well, enter the next krewe of couillions who are unable to restrain themselves from dipping into the cookie jar arrive on the scene, uh Boo Boo Lastrapes II, couzan Bozo Lejunie-Bowen, Berty Dim Sum Esq. Dum Dum-Angelle III, Greenie Ambulanciekid Zooliego II, Dupey-Dee-Dee Durie & Dee Dum Dum-Durie, Mayor and Mayoress/Art Major Co-ordinator of all NPO"S in the State, and Fast Fredda Davidson-Menard, the Plastics Sunglass Heiress.

Question : " DID Durel Backup or Backdown ?
YES, He definitely did backup, for he did have his palm openhanded with stickum smeared all over it, set behind his rearend
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written by LAFAYETTE NATIVE RESIDING IN CA , October 13, 2010 - 01:37 pm
This is where the rubber meets the road. Here we have this great distraction from the economic peril that district 44 finds itself.

There is a lot of irony in that Judge Rubin is born and raised in the Truman Subdivision, the same subdivision in which Mr. Hardy resides and represents.

Mr. Hardy appears to be thriving in a district where he reaps the reward of this distraction. Mr. Hardy needs to focus on bringing jobs and industry to 44.
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written by Who? , October 13, 2010 - 04:13 pm
Why is LAf NATIVE permitted to spew the same nonsense over and over again when others who are not nearly as redundant are not? LAF NATIVE has said, over and over, what he needed to say. Why is his drivel again and again put forth by The Ind and you do not permit others to repeat? Enough is enough! It's not getting old, it's ancient.
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written by Southsider , October 13, 2010 - 04:23 pm
Upper Lafayette...wow...thought blacks couldn't be racists. Guess there are excepts to the rules...

Vista...what????


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written by MWS , October 13, 2010 - 05:36 pm
Mike Stagg is like the Alex Jones of the Left. San Francisco and maybe Seattle are about the only places a leftist nut like him could get elected.
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written by French Fry Enthusiast , October 13, 2010 - 05:43 pm
Who or what is putting Hardy in this mess is the idiot.




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written by LAFAYETTE NATIVE RESIDING IN CA , October 13, 2010 - 06:56 pm
FRUIT FLY Enthusiast, there you go again pumping up HARDY so that he keep up the good work-not bringing prosperity to 44.
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written by The Watcher , October 13, 2010 - 07:03 pm
Is Upper Lafayette referring to the thief, Dr. Chris Williams. Yes, he will show them how to fight. By his high crimes and misdemeanors the thief, Chris Williams, will fight his way into federal prison. This is truly a comedy of errors of epic proportions. You have the Three Stooges: Dennis, Freeman, and Simmons along with the Cavalcade of Clowns: Williams, Evans, Guillory, and Carmouche. Upper Lafayette lets us know that racism is not dead nor doth it sleep for Upper Lafayette awake it will keep.
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written by 2011 , October 13, 2010 - 07:15 pm
Think I'd vote for Scott Allan Stagg for public office before Mike Stagg!
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written by Hypotenuse Jones , October 14, 2010 - 01:28 am
Remember, the next hurricane will be caused by Ricky Hardy.
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written by LAFAYETTE NATIVE RESIDING IN CA , October 14, 2010 - 01:35 pm
Hypotenuse Jones,

SLICK RICK HARDY has already caused a hurricane. He has wiped out any chance of prosperity for district 44.
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