Prez Could Go Mad With Money For Only 4 Days
That is the gist of Lafourche Parish DA Cam Morvant's opinion released yesterday in response to a request from the Council asking whether President Charlotte Randolph had authority to contract with US Flood Control for use of the now notorious "inflatable flood control devices" for 30 days without Council approval.
Cam opined that Louisiana law and the Parish Charter grants the President emergency authority to use "all available resources" in times of emergency. President Randolph declared a state of emergency for Hurricane Rita on Sept. 22, 2005 and gave the all clear sign on Sept. 26 at 6 A.M. Therefore, she could obligate the Parish for the use of the tubes for that period.
Most critical to President Randolph, Cam states that "expenses incurred during or after the emergency that were not budgeted must subsequently be brought before the Council" (for approval). Cam further states that President Randolph "should have requested ... a special meeting (of the Council) as soon as possible so that an emergency ordinance could have been passed to allow her to continue using the portable levees..." Cam continues that, alternatively, at the Sept. 27, 2005 Council meeting, President Randolph "should have sought to have the acceptance and deployment of the portable levees ratified" by the Council.
Cam adds cryptically, "if the decision to accept delivery and deploy the portable levees was made after 6:00 a.m. on Monday, September 26, 2005, then Mrs. Randolph was without authority to act."
That's the guts of the opinion. Of course, it raises new questions and leaves some old ones unanswered, which will be the subject of further analysis here.
Most curious about the opinion, Cam appears to gloss over the question of whether a "contract" with US Flood Control was formed. He never answers the question directly. But, from the overall tenor of the opinion, apparently, the answer is yes. A contract for what and for how much is an open question.
This opinion should be published on the internet so that you can read the entire thing for yourself. Sorry, I can't spare the space here.
Stay tuned!
That is the gist of Lafourche Parish DA Cam Morvant's opinion released yesterday in response to a request from the Council asking whether President Charlotte Randolph had authority to contract with US Flood Control for use of the now notorious "inflatable flood control devices" for 30 days without Council approval.
Cam opined that Louisiana law and the Parish Charter grants the President emergency authority to use "all available resources" in times of emergency. President Randolph declared a state of emergency for Hurricane Rita on Sept. 22, 2005 and gave the all clear sign on Sept. 26 at 6 A.M. Therefore, she could obligate the Parish for the use of the tubes for that period.
Most critical to President Randolph, Cam states that "expenses incurred during or after the emergency that were not budgeted must subsequently be brought before the Council" (for approval). Cam further states that President Randolph "should have requested ... a special meeting (of the Council) as soon as possible so that an emergency ordinance could have been passed to allow her to continue using the portable levees..." Cam continues that, alternatively, at the Sept. 27, 2005 Council meeting, President Randolph "should have sought to have the acceptance and deployment of the portable levees ratified" by the Council.
Cam adds cryptically, "if the decision to accept delivery and deploy the portable levees was made after 6:00 a.m. on Monday, September 26, 2005, then Mrs. Randolph was without authority to act."
That's the guts of the opinion. Of course, it raises new questions and leaves some old ones unanswered, which will be the subject of further analysis here.
Most curious about the opinion, Cam appears to gloss over the question of whether a "contract" with US Flood Control was formed. He never answers the question directly. But, from the overall tenor of the opinion, apparently, the answer is yes. A contract for what and for how much is an open question.
This opinion should be published on the internet so that you can read the entire thing for yourself. Sorry, I can't spare the space here.
Stay tuned!
posted by Carl A. Chauvin at 7:58 AM
5 Comments:
Do you think he'll say anything negative until after the "New Building" is bought and paid for?
MORE QUESTIONS THAN ANSWERS!!!!!!
So,what you think will happen??????....................
NOTHING AGAIN! Can't get by the UNTOUCHABLES,Eh!!!!!
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