Parish Equipment And Employees Performed Work On DPW Chief's Private Property, Part 1
In late June, 2005, Lafourche Parish Public Works Director Ray Cheramie used Parish equipment operated by a Parish employee to perform work on land he owns in Larose.
Documents obtained from the Parish Administration reveal that Mr. Cheramie signed a "Temporary Servitude Grant" on June 1, 2005 granting the Parish, through the Council, a "servitude through and across along and adjacent to an existing drainage ditch on" his property "for the purpose of sweeping and cleaning said drainage ditch". Although it is the common practice of President Charlotte Randolph's Administration for Mr. Cheramie to sign such agreements on behalf of the Parish, no one signed in that capacity in this agreement. The agreement simply contains Mr. Cheramie's signature as grantor.
A "Daily Maintenance Report" from the Lockport Field Office, dated June 28, 2005, reveals that a Parish employee and excavator performed work at "R C Cattle pasture". "R C Cattle Co." appears on a wrought iron sign over Serville Lane, where Mr. Cheramie resides. Research in the Louisiana Secretary of State's corporations database reveals that Ray Joseph Cheramie was Director of R. C. Cattle Company, Inc. until its charter was revoked on February 17, 1999.
By letter dated December 21, 2005, DA Cam Morvant advised the Council that the Parish Charter required that all so-called one-time right-of-way agreements, like the one signed by Mr. Cheramie, first must be approved by Council ordinance. The agreement signed by Mr. Cheramie was never approved by the Parish Council.
In addition to this work appearing to be in violation of the Charter, similar use of public property and personnel for a public servant's personal purposes or to improve his personal property is clearly prohibited by law and has resulted in criminal prosecutions and malfeasance, theft and unauthorized use of a movable convictions in other Parishes in the past.
La. Revised Statute 42:1461 provides, in part, that any public official, whether elected or appointed, by accepting such office or employment assumes a personal obligation not to misuse any property belonging to or under the custody or control of the public entity in which he holds office or is employed. The breach of such an obligation gives rise to an action in favor of the public entity for the recovery of any such property and for any other damages resulting from the breach.
In other words, this statute requires all public officials to administer public property entrusted to them for public purposes and as a fiduciary. See La. Atty. Gen. Opinion No. 03-0393
The same Attorney General's Opinion goes on to say "[i]mproper administration of public funds and property can also give rise to an action for malfeasance in office. In State v. Groce, 786 So.2d 200, a Mayor was convicted of malfeasance in office for pawning a gun owned by the city in order to obtain cash for his personal use. The court determined that such action was 'clearly in violation of Article VII, Sec. 14 of the Louisiana Constitution and Revised Statute 42:1461.'"
In State v. Hudnall, 522 So.2d 616 (La. App. 4 Cir., 1988), the defendant was Superintendent of the Plaquemines Parish Belle Chasse ferry. During 1982-1984 he allegedly instructed several parish employees on various occasions to siphon diesel fuel and motor oil from the ferry and transport it in a parish vehicle to his privately owned shrimp boat, and to do repair and maintenance work on his boat during working hours. He did not pay the employees for those services nor was their parish pay reduced by the hours spent on the boat nor did he reimburse the Parish. The defendant was charged with six counts of malfeasance in office. He was convicted on all counts.
Copyright 2006, Carl A. Chauvin, All Rights Reserved
In late June, 2005, Lafourche Parish Public Works Director Ray Cheramie used Parish equipment operated by a Parish employee to perform work on land he owns in Larose.
Documents obtained from the Parish Administration reveal that Mr. Cheramie signed a "Temporary Servitude Grant" on June 1, 2005 granting the Parish, through the Council, a "servitude through and across along and adjacent to an existing drainage ditch on" his property "for the purpose of sweeping and cleaning said drainage ditch". Although it is the common practice of President Charlotte Randolph's Administration for Mr. Cheramie to sign such agreements on behalf of the Parish, no one signed in that capacity in this agreement. The agreement simply contains Mr. Cheramie's signature as grantor.
A "Daily Maintenance Report" from the Lockport Field Office, dated June 28, 2005, reveals that a Parish employee and excavator performed work at "R C Cattle pasture". "R C Cattle Co." appears on a wrought iron sign over Serville Lane, where Mr. Cheramie resides. Research in the Louisiana Secretary of State's corporations database reveals that Ray Joseph Cheramie was Director of R. C. Cattle Company, Inc. until its charter was revoked on February 17, 1999.
By letter dated December 21, 2005, DA Cam Morvant advised the Council that the Parish Charter required that all so-called one-time right-of-way agreements, like the one signed by Mr. Cheramie, first must be approved by Council ordinance. The agreement signed by Mr. Cheramie was never approved by the Parish Council.
In addition to this work appearing to be in violation of the Charter, similar use of public property and personnel for a public servant's personal purposes or to improve his personal property is clearly prohibited by law and has resulted in criminal prosecutions and malfeasance, theft and unauthorized use of a movable convictions in other Parishes in the past.
La. Revised Statute 42:1461 provides, in part, that any public official, whether elected or appointed, by accepting such office or employment assumes a personal obligation not to misuse any property belonging to or under the custody or control of the public entity in which he holds office or is employed. The breach of such an obligation gives rise to an action in favor of the public entity for the recovery of any such property and for any other damages resulting from the breach.
In other words, this statute requires all public officials to administer public property entrusted to them for public purposes and as a fiduciary. See La. Atty. Gen. Opinion No. 03-0393
The same Attorney General's Opinion goes on to say "[i]mproper administration of public funds and property can also give rise to an action for malfeasance in office. In State v. Groce, 786 So.2d 200, a Mayor was convicted of malfeasance in office for pawning a gun owned by the city in order to obtain cash for his personal use. The court determined that such action was 'clearly in violation of Article VII, Sec. 14 of the Louisiana Constitution and Revised Statute 42:1461.'"
In State v. Hudnall, 522 So.2d 616 (La. App. 4 Cir., 1988), the defendant was Superintendent of the Plaquemines Parish Belle Chasse ferry. During 1982-1984 he allegedly instructed several parish employees on various occasions to siphon diesel fuel and motor oil from the ferry and transport it in a parish vehicle to his privately owned shrimp boat, and to do repair and maintenance work on his boat during working hours. He did not pay the employees for those services nor was their parish pay reduced by the hours spent on the boat nor did he reimburse the Parish. The defendant was charged with six counts of malfeasance in office. He was convicted on all counts.
Copyright 2006, Carl A. Chauvin, All Rights Reserved
posted by Carl A. Chauvin at 7:54 PM
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