Process begins to amend charter
Council votes 3-2 for charter resolution
MICHELLE BATES, Editor
The
process of amending the charter to make the police chief’s position an
appointed one has begun.
In a vote
of three in favor and two opposed, the council approved a motion to draw up a
resolution to amend the charter during a special called meeting Monday night.
District 1 Councilman Scott “Doc” Roberson, District 2 Councilman Michael Wade
and District 5 Councilwoman Patricia Jenkins voted in favor with District 3
Councilman Toney Johnson and District 4 Councilwoman Carlette Sanford opposing.
According
to Homer Town Attorney Jim Colvin, the resolution begins the process.
“What
happens is a resolution [must be drawn up] instructing the town attorney to
commence that process,” Colvin explained. “Then there will be a time period in
which if 10 percent of the electorate comes back and says, ‘No, we don’t want
to do it that way,’ then there has to be an election that takes place. Assuming
it’s positive for that change, then it goes to the governor.”
According
to a memo he presented to the council members, once the resolution has passed,
then the “municipal governing body shall have the desired amendments published for
three weeks in a newspaper published in the municipality.”
His
memo then goes on to say that the proposed amendment will then go before the
governor. The governor then has to submit the proposed amendment to the
Louisiana Attorney General for his opinion.
“If,
within thirty days after publication, one-tenth of the electors of the
municipality protest against any proposed amendment, the Governor shall not
approve the amendment protested against until it is submitted to and ratified
by a majority of the electors of the municipality at an election held within
sixty days after the protest has been made,” Colvin’s memo continued.
The
proposed amendment would amend Ordinances 15 and 7 of the original charter.
Ordinance 7 states, according to the memo, “the Mayor and Board of Selectmen
shall at the first regular meeting after each annual election, elect by ballot
suitable persons to fill the offices of treasurer and clerk, assessor,
collector and marshal who would serve for one year terms. The Mayor was permitted
to vote in this election.”
Ordinance
15 supercedes 7, according to the charter, “Thus, the Chief of Police must be
elected unless the Town Charter is amended.”
In a
previous attorney general’s opinion regarding another legislative charter, the
amendment cannot go into effect until the expiration of the elected police
chief’s term.
According to Colvin, to do this
will require a hearing in Baton Rouge and the drafting of several “ballot
initiatives.”
“To say
that you want something on the ballot, it’s not just that simple,” he said.
“You have to go through a process.”
In
previous experience, he said, the cost is in the range of thousands of dollars.
Attorneys’ fees usually run between $8,000 to $10,000 along with the cost of
what he called the election cycle, which will ultimately cost another $8,000 to
$10,000.
“It
just depends on where it fits on the ballot,” he said.
Sanford spoke up at that time to make sure she understood what
he was saying.
“From
what I understand, what we’re saying, if we pass this, we’re saying the people
in the Town of Homer don’t have enough sense to choose the chief of police,”
she said. “Does that sum it up?”
Colvin
countered, saying that he was just asked to research how to begin amending the
charter.
Homer
Mayor David Newell said the proper thing to do is “to analyze everything across
the town from step 1 to A-Z. For us to look at stuff is not wrong.
“To me,
if you want to consider this, I think the intelligent way to do it would be to
do a study of other towns on who has done it either way to see what works
best,” he continued.
Colvin
said there are many municipalities who have appointed chiefs of police and just
as many that have elected chiefs of police.
“You’ve
got time, because even if you were to start this process and do it now, you
can’t affect the current chief of police,” he said. “That’s an elected term,
and that term has to be served out.”
Johnson
also reminded the council that this process along with all the legal issues
they are asking the town attorney to research is costing “a lot of money.”
“We
need to be very careful with the town’s money,” Johnson said. “This is
something that’s going to be very expensive. The town has had an elected police
chief for as long as I can remember, and I don’t see any reason to change it
now.”
On the
table was a motion to discuss the resolution. Roberson then made a motion that
the town “amend” the Homer Town Charter making the marshal, chief of police, an
appointed position, instead of an elected position.
“This
change would be enacted when the current term is expired, at which time, the
new marshal, chief of police, shall be appointed by a majority vote of the
Homer Town Council,” he said, adding that he wanted to make sure to allow the
people their input on the matter.
Wade
seconded.
Johnson
spoke up asking if the motion was even legal. Colvin said he understood the
term “amend” or “amendment” to mean “resolution.”
Colvin
is expected to come back to the council with the next step in the process in
January’s meeting.
After
the meeting, in a separate interview with The Guardian-Journal, Wade was asked
why he was in favor of amending the charter to make the police chief’s position
an appointed one. He said it was nothing personal, but he feels like the
council needs to run the town.
Also in a separate interview,
Homer Police Chief Russell Mills said he had no doubt that the vote would be
split, and emphasized that the voice of the people should be heard.
“As
elected chief of police, I work for the whole community,” he said, “not just
for one person. I can’t believe that the electors of this community will sit
back and let five people be their voice. I just don’t believe it. Once the
community speaks, I support what they support. Being against the charter
changing is not saying you support me, it’s just saying that you support your
voice being heard.”
Also,
the council must consider how the “marshal” should be chosen, the appointed
term, and a procedure to remove the marshal if so desired.
In
other news, the 2010 budget was passed as James Colvin Sr., Homer’s financial
consultant, presented it in December’s regular monthly meeting. The council
also approved the $1 each surcharge on water and sewer. This will now allow the
town to fix those issues with the EPA and DEQ and show the auditors that the
town will have a clear audit this year.
Also
discussed was a presentation from Homer Memorial Hospital’s Administrator Doug
Efferson. He presented the council with the results of a patient survey as well
as background information on a cleaning company who specializes in cleaning
medical facilities.
According
to Efferson, the biggest issue patients had was the cleanliness of the patient
rooms, restrooms and public areas. Efferson said that issue is now in the
process of being solved. A company called Hospital Housekeeping Systems,
founded in 1975, has been subcontracted to whip the hospital back in shape.
Once this company comes in, the first projects they are to begin addressing are
those from the patient surveys, then they will move to others, training the
housekeeping staff along the way.
To be
clear, this does not mean the housekeeping team at the hospital have lost their
jobs. What it does mean, however, is that their employer has shifted. The
entire housekeeping staff at HMH are now employed by Hospital Housekeeping
Systems. They all still work at Homer Hospital, but they are employees of the
new company.
The
council had reservations about this move, concerned about how it would affect
their pay and benefits. Efferson made it clear that they are still employed,
and because of their “technical termination” with the hospital, the
housekeeping employees were allowed access to their retirement benefits.
The
next town council meeting will be held in January 2010, at 6 p.m., in council chambers.
Minden couple arrested for burglary
The Guardian-Journal
Deputy
J.T. Williams, of the Claiborne Parish Sheriff’s Office, was dispatched to 2542 Old Arcadia Road, on December 4, in reference to a possible burglary.
Williams
observed that the front door of the residence was open and two windows in the
living room were broken. Upon speaking with the caretaker of the property,
Williams called for Chief Detective Charles Buford to investigate.
Buford
discovered that the residence had been broken into and that several items
throughout the house were reported missing. The following day, on December 5,
the caretaker of the property called the sheriff’s office and reported that
there were people at the residence again.
Buford,
Williams, along with Deputy Paul Brazzel, arrived at the residence and
discovered that the suspects had fled. After conducting an investigation into
the matter, Buford obtained warrants on Traci Flint Bynog and Steven Douglas
Bynog.
On
Monday, December 14, Buford arrested the two suspects and booked them into
jail. Traci Flint Bynog, 29, of Minden, was charged with simple criminal damage
to property with a bond of $2,000, and unauthorized entry of an inhabited
dwelling, with a bond of $6,000. Steven Douglas Bynog, 42, of Minden, was
charged with simple criminal damage to property with a bond of $2,000 and
unauthorized entry of an inhabited dwelling with a bond of $6,000.
Thrift shop plagued with vandalism
MICHELLE BATES, Editor
The
gift of giving is one that volunteers at the Clothes, Etc. Thrift Shop take
seriously.
Every
day, volunteers from different area churches give their time to help those in
need through the ministry of providing clothing and household items. But not
all see it that way.
Recently,
according to one volunteer, their donation box has been rifled through and
vandalized – on several occasions.
“We
work very hard for the Town of Homer, and we feel like this is good missionary
work,” she said, speaking to The Guardian-Journal on condition of anonymity.
She asked that this newspaper not publish her name on account that she is
merely a volunteer with the ministry.
According
to this volunteer, the donation bin has been rummaged through and items donated
to the ministry have been stolen. When the alleged “vandals” get what they
want, they leave things scattered everywhere. Many times, she said, before
volunteers can get the items inside, the bags or boxes have been gone through.
“For a
small town like this, we really get a lot of donations,” she said, and the
volunteers are saddened by the blatant disrespect the alleged “vandals” have
shown.
On
several different occasions, the Homer Police Department and the Claiborne
Parish Sheriff’s Office have been asked to patrol the area and keep a closer
eye on the property – and according to the volunteers, that has not happened.
Homer
Police Chief Russell Mills said once those items are put in the donation bin,
it then becomes the property of the church.
“These
items belong to the church to be donated or sold,” Mills said. “That is there
for those who need this service. If you’re caught, you will be charged with
theft.”
To be
clear, people who are caught rummaging through the donation bin and taking
items that do not belong to them will be charged with theft.
Much of
the clothing, furniture, toys and household items donated are in decent shape
and are sold for very low prices – cents on the dollar.
Sponsored
by First Baptist Church in Homer, the ministry is supported by many of the area
churches through volunteerism or monetary donations. The money earned through
the sale of household items and clothes does not stay in the ministry.
According
to the volunteers, the revenue is disbursed throughout many other organizations
such as youth and civic organizations. Most of the money earned goes to some
charitable cause. They also help those in need, such as fire victims and
others. The only monies they keep are what are used to pay utility costs.
The
volunteers that spoke with us said that all donations received are greatly
appreciated.
Clothes
Etc., is open from 8:30 until 11:30 a.m. on Tuesdays and Saturdays.
Drug bust leads to arrests
The Guardian-Journal
The
Homer Police Department made a drug bust over the weekend, netting two arrests.
David
R. Wyrick, 37, of Homer, was arrested and charged with disturbing the peace,
with a bond of $500, child endangerment – use of a Controlled Dangerous
Substance (CDS) in the presence of a minor, with bond set at $2,000, and
possession of CDS Schedule I marijuana with intent to distribute, with bond set
at $30,000.
Rishanne
D. Daniels, 32, also of Homer, was arrested and charged with disturbing the
peace, with bond set at $500, resisting an officer, with bond set at $500,
illegal use of CDS in the presence of a juvenile, with a bond set at $2,000,
and possession of CDS Schedule I marijuana with intent to distribute, with bond
set at $30,000.
According
to police reports, Homer police were dispatched to the 300 block of Beardsley Avenue in reference to a disturbance. Upon arrival, Officer Van McDaniel observed
Wyrick in the yard arguing with Daniels in front of a juvenile.
While
conducting the initial investigation, Officers John Bailey and Scott Glenn
arrived on scene to assist. Daniels continued to yell and curse, reports said,
while Glenn attempted to calm her down. She continued to refuse verbal commands
from Glenn, and he entered the house and detained her.
During
the interview, reports say Wyrick and Daniels were arguing regarding an
undisclosed amount of money and some marijuana. A juvenile was also involved in
the altercation, reports said.
Police
obtained consent to search the residence, at which time, a small quantity of
suspected marijuana was found inside. More suspected marijuana was also
revealed during the search, which was collected as evidence.
The
juvenile was also arrested on charges of aggravated assault and released into
the custody of “a concerned adult,” reports said.
Sheriff: Follow basic safety guidelines
The
holidays are approaching with almost lightning speed and during the hustle and
bustle of the festive season, fire safety is often overlooked.
“People
turn their attention to shopping, tree trimming and social gatherings,
overlooking the fact that the threat of fires in the home is most severe during
this time,” Claiborne Parish Sheriff Ken Bailey said.
According
to the National Protection Association, December, January and February are the
leading months for home fires and home fire deaths in America.
“Fire
hazards often increase during the holidays because of overburdened electrical
outlets, Christmas trees, decorative lights and burning candles,” Bailey added.
“When not properly tended, they can spark deadly, destructive fires.”
To help
ensure a joyful Christmas and fire-safe holiday season for everyone, Sheriff
Bailey advises that the following basic fire safety guidelines be observed.
Preventing Christmas Tree Fires:
Special
fire safety precautions need to be taken when keeping a live tree in the house.
A burning tree can rapidly fill a room with fire and deadly gases.
• When
selecting a tree, needles should be green and hard to pull back from the
branches, and the needle should not break if the tree has been freshly cut. The
truck should be sticky to the touch. Old trees can be identified by bouncing
the tree trunk on the ground. If many needles fall off, the tree has been cut
for too long, has probably dried out and is a fire hazard.
• Do
not place your tree close to a heat source, including a fireplace or heat vent.
The heat will dry out your tree, causing it to be more easily ignited by heat,
flame or sparks. Do not put your live tree up too early, or leave it up for
longer than two weeks. Keep the tree stand filled with water at all times.
• Do
not place a tree in a doorway or in front of escape routes.
• When
disposing of your tree, never put tree branches or needles in a fireplace or
wood burning stove. When the tree becomes dry, discard it promptly. The best
way to dispose of your tree is by taking it to a recycling center or having it
hauled away by a local community pick-up service.
Holiday Lights:
•
Inspect holiday lights each year for frayed wires, bare spots, broken or
cracked sockets, and excessive kinking or wear before putting them up.
• Use
only decorative lights approved for the specified use you have in mind.
• Do
not use outdoor lights inside the house and vice versa.
• Do
not overload electrical circuits with excessive lighting and extension cords.
• Do
not leave holiday lights on unattended.
Holiday Decorations:
• All
decorations should be nonflammable or flame-retardant and placed away from heat
vents.
• Never
put wrapping paper in a fireplace. It can result in a very large fire, throwing
off dangerous sparks and embers that may result in a chimney fire.
• Keep
children and pets away from light strings and electrical decorations.
• If
you are using an artificial tree, make sure it is marked “flame retardant.”
Candle Care:
• If
you use candles, make sure they are in stable holders and place them where they
cannot be easily knocked down.
• Never
leave the house with candles burning.
• Keep
candles away from flammable areas, and never put them on or near a tree.
• Do
not display candles in windows or near exits.
• Keep
all candles, matches and lighters out of the reach of children.
•
Beware of glass candle holders. The wick may get too close to the glass and
shatter it.
Holiday
Entertaining:
•
Unattended cooking is the leading cause of home fires in the U.S. When cooking for holiday visitors, remember to keep an eye on the range.
• After
holiday parties, check for cigarettes in upholstered furniture before going to
bed. Cigarette fires are still the leading cause of fire fatalities in the
home.
• This
is a good time of year to do an annual test of all smoke detectors, replace
batteries and rehearse an escape plan with your family.
Sheriff
Bailey concluded, “We all have a tendency to think that fire tragedies happen
to other people in other places, but the reality is that they can happen to
people just like you and me. And, it is important that we all do our part to
make this a happy and safe Christmas holiday season.”
On
the net: http://www.nfpa.org or http://www.usfa.fema.gov
Couple seeks help from police jury
MICHELLE BATES, Editor
An
issue that has been plaguing a Homer couple came before the Claiborne Parish
Police Jury at its last monthly meeting of the year.
Ulysses
and Carolyn Jones came before the police jury seeking their help with a
drainage problem they say the Town of Homer needs to fix. Located at 911 Howard Street, the couple has experienced flooding and erosion at their home located
near a creek, and it has caused not only drainage issues, but foundation
problems as well. With the heavy rains in October, the creek flooded, swelling
across its banks and into the Jones’ home.
“The
town has assured us that they were going to do something about this and they
have failed to do anything – even after they put the culvert in,” Mrs. Jones
said. “We went back to them and explained that it was too small. Nothing has
really been done, and when the rains came, the culvert was just too small to
carry that kind of load.”
Mr.
Jones went before the Homer Town Council in November asking the maintenance
department to put in a culvert to help alleviate the situation. According to
Lee Wells, the town’s maintenance supervisor, a culvert was put in.
Mr.
Jones explained to the jury that former Homer Mayor Huey Dean had the town put
in a culvert, but the banks of the creek just kept eroding.
“I knew
that culvert was too small,” Mr. Jones said. “I requested that they not put it
in, because they were going to wash me out. I can’t get any consideration from
the Town of Homer, and we’re here today to ask you to come look at it, because
we need help.”
Homer
Mayor David Newell said after some investigating, a larger culvert would not
work, but he submitted a letter to the police jury seeking their assistance in
the matter.
“In the
council meeting, they said they had asked for your (police jury) assistance,
and we’re here to ask you to give us some consideration, because it’s a very
difficult situation for us living like this,” Mrs. Jones said.
When
the Jones’ moved into the home, it was not close enough to the creek to cause
any problems, but the couple built an addition to the home, bringing it within
just mere feet of the creek.
District
9 Police Juror Jerry Adkins made a motion to table the issue. The Rev. Willie
Young, District 10 Police Juror, spoke up saying that he didn’t wish to table
it, but to get the issue resolved.
“The
town made a request that this governing body would assist them,” Young said. “The
town made that request, and with all other governmental entities, when they
make a request, we always assist them.”
In a
vote of five in favor of tabling the issue and four against, the motion passed.
Young expressed his frustration,
saying he just didn’t understand why the jury had voted this way.
“I just
don’t see the problem,” he said. “Why are we making this an issue?”
Claiborne Parish Road
Superintendent Tommy Durrett explained that he’d spoken with town officials and
suggested having an engineer come look at it, but he hadn’t heard anything
since.
“I don’t feel comfortable
working on the project until that engineer tells me its okay to work on this
project,” he said.
According
to Police Jury President Scott Davidson, Homer Town Attorney Jim Colvin had
done a title search on the property. In a separate interview with Colvin, he
said his research showed that the creek was on private property. Tax records
show the property is owned by Nettie Mae Copeland. Interestingly, the plat from
the Claiborne Parish Tax Assessor’s Office clearly shows the creek is private
property. The entire creek somewhat runs along Howard Street, but from one end
to the other, it’s all on private property.
According
to Mr. Jones, 911 Howard Street is property belonging to Mrs. Jones’ family.
So now
the question remains: Since the creek is on private property, does this mean
the town has any responsibility to fix it? No, the mayor said.
Newell
also said the couple has sent a letter dated November 2 (received November 17
according to the stamp on the letter) saying the town needs to fix the problem.
According
to the letter, the issue “warrants [the town’s] immediate attention” to prevent
further damage to the home. They are asking the town to contact its insurance
company for an assessment, and send someone from the city to fix it “at the
City of Homer’s expense.”
Davidson
also said the issue had been sent to the police jury’s attorney for a legal
opinion.
“If
they say it’s not permissible, then we will not be able to do it,” Davidson
said. “We do not work on private property unless it’s affecting parish roads.
We’re not allowed to go on private property, so unless something changes, then
we won’t be doing the work.”
Mr.
Jones has fervently pleaded his case before the town and the police jury in
order to get the issue resolved.
The
issue will be brought back before the jury in January 2010.
In
other police jury news, Ordinance 758, regarding adopting the 2010 proposed
budget, was presented. A public hearing was set for 10 a.m., Tuesday, January 5, in the conference room of the police jury complex.
Also
presented were the final 2009 budget amendments as recommended by the finance
committee. The amendments were approved.
The
date of January’s regular monthly meeting has been moved, by unanimous
approval, to Wednesday, January 13, 2010, at 9 a.m. The normal date falls on January 6, which is just a day or two after everyone returns to work from the
holidays. As with 2009, the meeting was moved in order to give police jurors
more time to study their packets as well as allow staff time to prepare.
