DA Backs AG Opinion On Dedicated Funds

Homer Town Clerk Resigns Effective February 13

The Homer Town Council Approved Adding A $5.00 Flat Rate To All Water Bills Beginning With The Next Billing Cycle On Monday, February 2. A Special Called Meeting Will Be Held At Noon On Wednesday, February 4 To Discuss Separating Bank Accounts And The Sewer Plant.

BY SUSAN T. HERRING, Editor, The Guardian-Journal

District Attorney Walter May addressed members of the Homer Town Council at their regular meeting on Monday, February 2 to discuss the spending of dedicated tax funds and the recent ruling by the Attorney General which suggested the Council contact the District Attorney about the possibility of criminal charges. He said the AG Opinion No. 04-0018 dated January 30 was accurate. It advised the Town and its Board of Selectmen to follow the law as set forth in the Town's own ordinances and state law LSA-R.S 39:704 that says "the proceeds of any special tax shall constitute a trust fund to be used exclusively for the objects and purposes for which the tax was levied. The records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used." May said his reason for attending the meeting was to inform the Council their actions were unlawful and at some point after being repeatedly informed those actions become criminal. The Council has been warned by the Legislative auditor, the town attorney, the Attorney General and now by the District Attorney. Normally, when the Legislative Auditor makes a recommendation, most elected bodies will jump through hoops to do what he says. Generally this is a civil issue. May said it was totally inappropriate for the DA to render an opinion whether someone should file a civil suit and was upset to read that in the newspaper. He thought he had explained the difference between civil and criminal. He also felt it would be an abuse of power to try to control the Council with threats. However, when you have been told repeatedly, actions can convert from civil to malfeasance, which is criminal. The malfeasance statute says "malfeasance in office is committed when any public officer or employee shall intentionally refuse or fail to perform any duty lawfully required of him." Councilman J. C. Moore  said he was disturbed the DA was getting involved now and asked, "If it is a big issue now, why was it not a big issue in the past?"This is the same town and the same rules apply. "The action of taking dedicated tax revenues and not spending them in the manner called for by the Ordinance has always been unlawful today, yesterday and tomorrow," according to May. The difference is they did not have this level of communication. Moore said they were warned in writing. The general law in this area makes this violation civil and the remedy is for a taxpayer to file lawsuit if he thinks the actions of the Town are unlawful. Johnette Faulkner said she and Thomas McDonald voted in favor of separating those dedicated funds and she wanted to know if that would exonerate them. May said he did not want to go into that area.

Judge Commutes Marilyn Bush's Sentence

Former Clerk Must Pay $100,000 In Restitution

BY SUSAN T. HERRING, Editor, The Guardian-Journal

Former Haynesville Town Clerk Marilyn Bush may soon be getting out of prison after serving less than two years of her ten year sentence.  At a hearing held Friday, January 30 in the Claiborne Parish Courthouse, District Judge Jenifer Clason granted the defendant's Motion to Reconsider Sentence filed in May 2002 and agreed to commute her sentence to time served as soon as the defendant was prepared to pay restitution of $100,000 to the Town of Haynesville. Clason said this was consistent with the sentence the court was told had to be imposed by U.S. Attorney Joe Jarzabek to avoid him filing federal criminal charges against the former clerk. District Attorney Walter May argued that no evidence had been provided to support the claim of a "heart condition" by Bush, that the defendant had waived her right to appeal the sentence, and that she had never provided documentary evidence on her assets or income or whether future retirement payments that might be appropriately applied to restitution.  Clason said May said the state was ready to present uncontradicted, irrefutable evidence that Bush alone was responsible for the full amount of the theft of $432,250 taken between July 1991 and September 2000. He also stated he did not believe the sentence to be excessive. Clason stated in her reasons for judgment to reconsider sentence that May's arguments lacked merit. She referred to a similar case in Jackson Parish where Town of Hodge Clerk, Theresa McMillan, pleaded guilty to felony theft of $156,716 and agreed to pay $100,000. She was sentenced to 5 years hard labor, which was suspended and placed on supervised probation. May said in that case McMillan readily admitted to the theft and town officials were willing to accept the $100,000 payment. Bush has consistently denied taking $432,000. On Friday, she admitted to taking up to $70,000 to support her gambling habit. May said he had documents from the casinos in Shreveport and Bossier that show she had a net gambling loss of more than $116,000. Bush said the only time her losses could be documented were when she used the little card. Clason said she would have considered a suspended sentence in April 2002 if Bush had agreed to pay restitution of at least $100,000, however her only offer was $15,000. May cited a statute that went into effect August 15, 1999 concerning restitution which states, "In all cases in which the court finds an actual pecuniary loss to a victim, or in any case where the court finds that costs have been incurred by the victim in connection with a criminal prosecution, the trial court shall order the defendant to provide restitution to the victim as a part of any sentence that the court shall impose."

Court To Render Opinion On Recall Petition April 7

BY SUSAN T. HERRING, Editor, The Guardian-Journal

The case of Willie Young Sr. and vs. Patricia Sanders is on the March docket for the Second Circuit Court of Appeal in Shreveport. The court is expected to review the briefs regarding the appeal filed by Attorney General Richard P. Ieyoub's office concerning the 66 names Registrar of Voters Patricia Sanders was instructed to place back on the petition to recall Mayor Huey Dean by Second Judicial District Judge Jimmy Teat at a hearing held September 11, 2003 in the Claiborne Parish Courthouse. At that time, Shreveport attorney Larry English presented a Writ of Mandamus on behalf of Willie Young Sr., Lurry Crew, Maxine Wilson, Linda Robinson, Vannessia Thompson Kirk and Leamon Cheatman asking the court to direct Sanders to provide reasons for disqualifying 148 names on the Petition. Briefs have now been submitted  by both the Attorney General's Office and English. There will be no oral arguments and an opinion is expected to be rendered on April 7.

North Louisiana AHEC To Offer Students A-HEC Of A Summer In 2004

"The Area students interested in pursuing a health career will have the opportunity to explore health careers during North Louisiana AHEC's 2004 A-HEC of a Summer Health Careers Volunteer Program. Students will volunteer approximately 100 hours of their time  and energy to explore a variety of health occupations. The A-HEC of a Summer Program allows area high school freshmen, sophomores, and junior to rotate through different departments in Homer Memorial Hospital and Claiborne Manor Nursing Home to experience health careers firsthand. In addition to these rotations, students will participate in workshops and field trips to other healthcare facilities and universities in the area. The goal of A-HEC of a Summer is to help high school students gain a greater understanding of health careers that will assist them in making informed decisions concerning their professional goals..

Sonny Wilhite Only Person To Qualify For Athens Alderman Special Election

February Is Financial Aid Awareness Month

 Ardis L. "Sonny" Wilhite Jr. will take his seat as newly elected alderman for the Village of Athens when the board meets next Tuesday, February 10 at 5:30 PM. Wilhite was appointed by the Governor to fill the seat vacated when Ralph Stassen resigned last year for health reasons. Since he was the only person to qualify in the special election for alderman, he will continue to serve out the remainder of Stassen's unexpired term. The other two alderman are Prentis Washington and Dean Chandler. Athens Mayor Hubie James said regular meetings are held on the second Tuesday every month at 5:30 PM at Athens City Hall.