St. John Council delays Isaac action amid admin/D.A. dispute
Published 12:11 am Saturday, July 28, 2018
LAPLACE — A contentious St. John the Baptist Parish finance meeting that was scheduled to last 30 minutes but instead went nearly three times as long seemingly turned into more of a law school class than a government attempting to conduct business.
As a result, several issues were voted down, one that could potentially tack on even more delays for homeowners attempting to rebuild their homes after Hurricane Isaac.
Legal issues bubbled when the administration sought authorization to execute a time extension with Pivotal Engineering LLC for inspection services for the CBDG Isaac Housing program, which has helped homeowners rebuild their homes and lives after the devastating storm.
In their legal report, the District Attorney’s office recommended the Council take no action because a certificate of authority that names the signatory authorized to execute the contract on behalf of the company had not been filed.
“Until we get a certificate of authority, the person who signs it is not necessarily the person authorized to sign it,” Assistant District Attorney Keith Green said.
Councilman Lennix Madere said that because the D.A.’s office has a problem with the contract, the matter should be either voted down or tabled.
What followed was a marathon legal dialogue focused on the nuances between a certificate of authority or a corporate resolution, and a company’s operational agreement.
Green said an operational agreement is an internal document in a particular company but that a certificate of authority or a corporate resolution with a business could be compared to a person issuing someone power of attorney.
He said a company’s operational document is not sufficient to authorize an individual to execute a contract.
Parish President Natalie Robottom pointed out that the company has sent the same operating agreement with the names of the individuals authorized to execute the agreement, annually since 2014. Robottom also pointed out that since 2014 the D.A.’s office has signed off on each of those contracts.
Green explained he noticed the lack of such a requirement earlier this year when developing new templates for the Parish to use when sending out contracts.
“Silly me, I thought those documents (certificate of authority or corporate resolution) were being provided,” Green said. “The purpose is to limit exposure for the parish.”
However, Robottom and Councilwoman Julia Remondet reminded Council members that contracts have been approved in recently minus those documents.
“You did not require any other company to do this in the time I’ve been sitting on this Council,” Remondet said. “I think it’s odd. We should not hold up a contract because we decided to add another hurdle.
“(The requirement) has not been important to anyone in this room. Now all of a sudden it’s why you are going to hold up government again.”
The motion was voted down, which may result in more delays for homeowners because Pivotal’s contract expires Aug. 25, and the next Council meeting is Aug. 14, leaving little time to navigate the legal process.
During the course of the conversation, Madere said “it was brought to my attention several weeks ago that we pay the D.A.’s office a lot of money to give us advice. And for legal to give us advice and for us not to follow their recommendation, then I think we are wasting parish money.
“I’m not voting on anything, any more, as long as I’m sitting in this seat that is not sufficiently (approved) by legal.”
— By Richard Meek