Suit filed in term limits issue
Petition alleges council, mayor term
limits vote illegal
MICHELLE BATES, Editor
Another
suit has been filed against the Town of Homer for violating open meetings laws.
Filed
Friday, March 8, Pam Breedlove, attorney for Russell Mills, filed a petition
for injunction, mandamus, declaratory judgment to void action and other relief.
The suit alleges that on February 11, the mayor and town council erroneously
and illegally tried to do away with term limits for the mayor’s and council’s
seats.
“…nothing
in the agenda stated that the Town was attempting to amend the Town Charter to
eliminate term limits, that the Town intended to introduce an ordinance or
resolution regarding term limits, or even which public official’s term limits
were going to be discussed,” the petition states. “During the meeting on
February 11, 2013, the Town of Homer did not amend its agenda to list any
amendment to the Town Charter or to introduce any ordinance, resolution or
motion regarding term limits.”
The
town didn’t advertise any proposed amendment to the Town Charter either.
According to research, the town’s official journal, The Haynesville News, shows
no record of any advertising of a proposed ordinance, public hearing or
otherwise, according to state law. However, it did publish minutes from a
public hearing regarding term limits in the February 7 edition, page 8. Further
research shows that is the only record of any discussion of actually doing away
with term limits for the council and mayor.
Louisiana
Revised Statute 33:1181 states a municipality “may prepare, in writing, the
desired amendments, have them published for three weeks in a newspaper
published in the municipality, if there be one, and, if none, then by posting
for said time in at least three public places therein…”
It goes
on to say that the proposed amendment “shall” be submitted to the governor, who
then submits it to the Attorney General for an opinion. If the proposed
ordinance is consistent with state law, the constitution and federal laws, then
the governor will approve the proposed amendments.
“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.”
Also,
the town didn’t amend its agenda when it approved the motion to convert back to
the ordinance that existed prior to January 8, 2001, (Ordinance 800, which
provides two consecutive term limits for the mayor and town council).
During
the February 11 meeting, when the town attorney explained to the public what
was being done, Town Attorney Marcus Patillo referred to Ordinance 842, in
which he said they would be reverting back to the ordinance previous to 842.
However, in 2002, that proposed ordinance, although passed and adopted by the
town council in 2001, failed by nearly 80 percent when it went to a referendum
vote on January 19, 2002.
This
means the ordinance is not on the books and is not in the town’s charter. The
last ordinance listed in Section 3, No. 4, is Ordinance No. 800, adopted on
October 4, 1993.
“Despite
not having amended its agenda, the Board of Selectmen of the Town of Homer
approved a motion ‘in reference to term limits to convert back to the ordinance
that existed prior to January 8, 2001,’” the petition states. “The Mayor
(Alecia Smith) and the Town Attorney stated that this motion would change the
ordinance to no term limits.
“In
addition to ignoring Ordinance 800 which correctly amended the Town Charter in
accordance with La. R.S. 33:1181 the Town ignored the fact that the proposed
action of extending the term limits from two (2) terms to three (3) terms in
Ordinance 842 was [rejected] by the citizens of Homer in an election in 2002.”
The
suit goes on to say the town violated open meetings law by voting to
revert/convert “prior to an ordinance that was not made a law in their Town in
order to pretend that the Board of Selectmen and Mayor no longer have term
limits.”
The
suit is also asking for attorneys’ fees and court costs to be awarded by the
court.
This is
the third suit in a month filed by Mills after the town council voted to
disband the Homer Police Department. Mills obtained a temporary restraining
order against the town in order to stop the abolishment of the police
department until a hearing could be held.
During
that hearing on Monday, March 4, Second Judicial District Judge Jimmy Teat
ruled in favor of Mills after the town admitted it violated open meetings law
in regard to abolishing the police department. The day of the hearing,
Breedlove also filed an amended petition after the town introduced Ordinance
13-003, amending the budget in regards to the Homer Police Department. Judge
Teat did not hear arguments in that petition, agreeing with the town’s outside
counsel, Tom Arceneaux, that the matter was only introduced and no action had
been taken.
Many
citizens of Homer, business owners and others swarmed City Hall, on Saturday,
March 2 during a special called meeting and Monday, March 4, for its monthly
meeting to let the mayor and the town council know how they feel about its
recent actions. Patillo said during the March 4 meeting the council was going
to table the Proposed Ordinance 13-003 so the people could have a chance to
look at the budget. However, that was also done in violation of open meetings
law in that the council had already introduced the ordinance on Saturday, March
2, and the council did not approve a motion to table the issue at its regular
monthly meeting.
The
Guardian-Journal, in accordance with the Freedom of Information Act, requested
a copy of the ordinance and it was received on Thursday, March 7. However, the
ordinance itself is vague and does not state what part of the budget it is
amending. It also does not have an attachment of the part of the budget being
amended, as stated in the ordinance. A request for the attachment to the
ordinance was made on Monday, March 11, but as of press time Tuesday evening,
it has not been produced.
Arceneaux
would not comment on the petition filed Friday, saying he had not been
“engaged” to handle the matter, but he is still reviewing the amended petition
regarding the budget amendment that was introduced in regards to the police
department.
As of
press time, Patillo and Mayor Smith have not returned phone calls for comment.
Two HJH students arrested for drugs
The Guardian-Journal
Two
juveniles were arrested for drug possession last week at Homer Junior High
School.
According
to Homer Police Chief Russell Mills, on Friday, March 8, the Homer Police
Department was contacted by school officials in reference to drugs being on the
school campus. Upon arrival, Captain Donald Malray investigated and one of the
students was found to be in possession of what appeared to be marijuana, which
was found in a clear plastic bag inside his sock.
Eight
small baggies of suspected marijuana was found in the other student’s backpack
by school officials.
Both
suspects were placed under arrest and transported to the Homer Police Station
where their parents/guardians were contacted.
Upon
their parents’ arrival, the two eighth grade students were interviewed, one
stating he’d obtained marijuana from someone outside the school.
“The
kids are our future and drugs in our schools will not be tolerated,” he said. “Parents need to watch who their kids are
hanging out with and what they are doing and taking to school. There is zero
tolerance for drugs in our schools and we’re going to follow the law to the
letter. Fines are tougher in drug free zones, and their ability to go back to
school will be impacted because the schools have regulations they must follow.”
One of
the male juveniles was charged with possession of marijuana with intent to
distribute and distribution, possession of marijuana in a drug free zone. The
other student was charged with possession of marijuana in a drug free zone.
Two arrested on intent to distribute
drug charges
The Guardian-Journal
A
driver and his passenger were arrested on drug charges after a traffic stop for
speeding.
According
to a news release, Charles L. Baker, 44, of Stockton, CA, was arrested on
charges of possession of Schedule I CDS marijuana with intent to distribute,
ignition interlock device offenses, speeding and expired license plate.
Carrie
Unique Carter, 24, of Shreveport, was arrested and charged with possession of
Schedule I CDS marijuana with intent to distribute.
Bond is
to be set on both subjects.
According
to the news release, on Sunday, March 10, Deputy John E. Stephenson was
monitoring traffic speeds and noticed a vehicle traveling at a speed of 71
miles per hour in a 55 mile per hour speed zone. Stephenson conducted a traffic
stop and found the driver to be Baker and the passenger to be Carter.
Baker
had a California identification card in lieu of a driver’s license and
Stephenson found that Baker’s license had been suspended. Baker was also
restricted to operating only those motor vehicles equipped with an ignition
interlock device. Baker’s temporary registration on the vehicle was also
expired.
Deputy Heath
Tingle arrived to assist and a search of the vehicle revealed a plastic
Tupperware dish with a green leafy substance in the bottom that was believed to
be marijuana. A clear plastic bag containing suspected marijuana was found on
the edge of the roadway where Baker and Carter had been standing.
The
rear hatch of the vehicle was searched and deputies discovered a clear plastic
jar within a brown paper bag. The jar contained a clear plastic bag with
suspected marijuana. A glass jar was also found containing approximately 45
grams of suspected marijuana.
Deputies
also located a box of clear plastic sandwich bags in the vehicle commonly used
to package and distribute marijuana. A pack of Zigzag rolling papers in a
storage compartment between the sun visors was also found.
Homer
Police Officer Scott Glenn arrived to assist and transported Carter to the
Claiborne Parish Women’s Jail where she was booked on the above charges.
Baker
was transported to the Claiborne Parish Detention Center where he was booked on
the above charges.
In
another incident, on Saturday, March 9, Stephenson was patrolling north on the
U.S. 79 Bypass and observed a vehicle traveling 70 miles per hour. Stephenson
initiated a traffic stop on the vehicle for violating the maximum speed law and
found the driver to be Cody Nolan Howard, 22, of Homer.
After
noting a strong odor of alcoholic beverage on Howard’s presence, Stephenson
conducted a field sobriety test and Howard admitted to drinking.
Stephenson
placed Howard under arrest for driving while intoxicated. While searching
Howard’s person after the arrest, it was discovered that Howard was in
possession of a small clear plastic bag containing a green leafy substance
believed to be marijuana. This was located in the left front pocket of Howard’s
jeans.
Deputies
Shane Huffstetler and Tingle assisted and Howard was booked into the Claiborne
Parish Detention Center for speeding with bond set at $500, simple possession
of Schedule I CDS marijuana with bond set at $500 and DWI second offense with
bond to be set.
On that
same day, deputies with the Claiborne Parish Sheriff’s Office also arrested
Dustin R. Bailey, 23, of Haynesville on a laundry list of charges with bonds
totaling more than $70,000.
He was
arrested for two counts of failure to appear with bond set at $500 on each
count, two counts of failure to yield, with bond set at $10,000, three counts
of speeding with bond set at $10,000, three counts of failure to use turn
signal with bond set at $10,000, modified exhaust with bond set at $2,500,
lighted lamps required with bond set at $2,500, aggravated flight from an
officer with bond set at $25,000 and two counts of improper lane usage with
bond set at $10,000.
HHS principal passes away
MICHELLE BATES, Editor
Schools
Superintendent Dr. Janice Williams reported sad news with the passing of Homer
High School Principal Clifton Lewis in Thursday’s board meeting.
Services
for Mr. Lewis were at 1 p.m., Saturday, March 9, at Mt. Harmony Baptist Church
Family Life Center in Ruston. Visitation was from 5:30 until 7:30 p.m. at
King’s Funeral Home in Ruston.
Lewis
passed away after a lengthy illness. He was a teacher, principal, minister --
and loved by many. A native of Farmerville, Lewis lived in Ruston and was the
pastor of Mount Harmony Missionary Baptist Church in Ruston, for 15 years. He
is fondly remembered by his congregation, family, friends and co-workers.
Please
see his full obituary on page 7 of this week’s edition.
In
other news, the Pineview Alumni Association pleaded with the Claiborne Parish
School Board last Thursday to allow them to take possession of pictures and
trophies from the now closed Pineview High School.
Roy
Mardis, an alumni member, said it would mean a lot to alumni members to have
these items because of the memories and the generations of families that have
graduated from the school.
“We
have a lot at heart with the pictures and trophies and the stuff that’s there,”
Mardis said. “I would ask you to give special consideration to the Pineview
Alumni to be able to receive those things that mean so much to us.”
He
compared the items with pictures of his grandchildren, saying that being able
to see their little faces mean so much to him. He would see his wife’s picture
there as well as his brother’s. He said these pictures would mean more to them
than someone who doesn’t know them.
Jim
Hatch, school board attorney, spoke up saying that while the idea is
worthwhile, there is a technical issue in that the pictures and trophies belong
to the school board.
“The
law says you can’t donate property to individuals,” he said. “It’s a technical
issue.”
It was
suggested the school board and the alumni could draft an intergovernmental
agreement to put them on display.
Mardis
also suggested the school board could declare the items surplus and sell them,
whereby the alumni association could “fix up a place” to display them “so all
can enjoy them.”
The
item was tabled for further research, with the motion made by District 6 School
Board Member Tommy Davidson and seconded by District 8 School Board Member
Almeter Willis. The motion was passed unanimously with two absent -- District 2
Board Member Will Maddox and District 3 Board Member Linda Knox absent.
In
other school personnel news, three teachers and one supervisor will retire at
the end of this school year. They include teachers Debra Morgan of Homer Junior
High School, Denice Owens of Homer High School and Wanda Merritt of Homer
Elementary. Also retiring is Special Services Supervisor Sovella Thompson.
Resignations
include Carolyn Allgood, a teacher at Summerfield High School, James Mahn, a
vocational teacher at Homer High School, Kathleen Mahn, a special education
teacher at Homer Elementary and Cheryl Russell, a special education teacher at
Homer Junior High School.
Barbara
Kemp was hired as a second grade teacher at Summerfield on February 19,
replacing Allgood for the remainder of the school year.
In
other news, the school board approved:
• an
out-of-state trip to Magnolia, Ark., where Drama Club teacher Denice Owens
takes the club to a show every year. They will go on April 27, and will be gone
from 8 a.m. until 2:15 p.m.
• the
2013-14 school calendar,
• the
job description for a special education school psychologist.
In the
superintendent’s report, Dr. Williams reminded board members of the ethics
training which was held Tuesday, March 12, for all elected officials. The
training was done at the Claiborne Parish Fair Complex in Haynesville.
Also,
she announced spring testing, set for March 19-21, with spring break following
the next week.
She also
discussed Act 1, part of Gov. Bobby Jindal’s sweeping education reform, saying
it had been declared unconstitutional, but the board and Central Office, for
the moment, have to act as if it is not.
“Until
we receive something from the judge, we must proceed with Act 1 as it is
printed,” Dr. Williams said. “We’re waiting from the final notification from
the judge.”
The
next school board meeting will be at 6 p.m., Thursday, April 11, in the school
board meeting room at Central Office in Homer. For more information, or for
questions, please call 318-927-3502.
‘More than Just Miles’
Runner raises awareness about Cystic
Fibrosis
Photos courtesy of Holly Liles
Tommy Danger, pictured above far left,
began his trek across the nation in September 2012 to raise awareness and money
for the Cystic Fibrosis Foundation. His best friend’s child was diagnosed with
the disease, which prompted him to begin the More Than Just Miles campaign.
Pictured with Danger is Holly Liles, Timothy Ettridge, and Cade Liles with his
father Casey. Pictured left, Danger methodically makes his way through
Claiborne Parish on his way to Daytona Beach, FL, where his run will be
completed.
The Guardian-Journal
A
runner came through Homer Monday evening, March 4 with a mission to raise
awareness about cystic fibrosis (CF), a debilitating disease affecting the
lungs and digestive system.
Tommy
Danger began his journey in Seattle, Washington and is making his way on foot
across the country to Daytona Beach, FL. The founder of More Than Just Miles, a
campaign for the Cystic Fibrosis Foundation, Danger started his journey after
learning his best friend’s child was born with CF.
“Ethan
Clem is my biggest motivator for this run across the country,” he states on his
Facebook page (www.facebook.com/MoreThanJustMiles). “His awesomeness is so
motivating. Knowing how he has to live every day will push me through this
3,200 mile battle against weather, time, emotions, pain and punishment. Thank
you Ethan!”
Clem is
the son of Laura Clem, Danger’s best friend.
Holly
Liles, the mother Cade, an Athens child born with CF, was there to meet Danger
on his journey. And before he began his journey, he says he knew nothing of CF.
“I had
no idea what CF meant,” he said. “I thought Ethan would be in a wheel chair or
something. It wasn’t until I met Ethan that I
really understood the disease and how it affected Ethan’s lungs and digestive
system.”
So in
September 2012, he began the More Than Just Miles campaign to raise awareness
and money to help the Cystic Fibrosis Foundation in its research of treatments,
education and care for those impacted by the disease.
“The
biggest thing that got me was that many people don’t know what CF is,” Danger said. “I wanted to spread awareness and raise
funds for the Cystic Fibrosis Foundation so a cure can be found.”
Danger
runs about 10 to 20 miles per day, no matter the weather conditions. When he
came through northwest Louisiana, he met with Holly and another CF parent for
dinner that night.
“After
the run I was still feeling great,” Danger posted on his Facebook page that
day. “Sore but nothing too bad. We headed to meet Julie and her family along
with Holly and her family at Tamolly's Mexican Restaurant near Shreveport. I
was so excited to meet some new CFers and followers of the run. As I roll in
Julie is rocking the purple MTJM shirt and we say our hellos just before I
gorge myself in some chips and salsa.
“I
always love learning about the families that are affected by CF because every
one of them is unique in its own way,” he continued. “We had a delicious dinner
and then we showed them our living quarters (the van) and we were off. I wish I
could explain to you the amount of support everyone gives me out here. It is
unbelievable whether it is dinner, a comment on Facebook, an email, a phone
call, or a text message. I am a lucky dude and I know I say that a lot but I
truly am.”
Cystic
Fibrosis is a hereditary disease starting in infancy that affects various
glands and results in secretion of thick mucus that blocks internal passages,
including those of the lungs, causing respiratory infections. The pancreas is
also affected, resulting in a deficiency of digestive enzymes and impaired
nutrition, according to the Encarta World English Dictionary.
Cade
Liles, of Athens, was diagnosed with CF in infancy and has since been the face
of CF fundraising in Claiborne Parish. While he is doing well and growing, he
takes handfuls of medications every day, including digestive enzymes to help
him absorb nutrition from the food he eats. In an earlier edition of The
Guardian-Journal, his mother says he only absorbs about 70 percent of what he
eats, and that’s with medication. He also has breathing treatments every day
which help break up the thick, sticky mucus in his lungs so he can breathe
better. Holly is a pediatric nurse and became involved with the Cystic Fibrosis
Foundation helping to raise funds throughout the year to help fund research,
better treatments and a search for a cure.
In
Claiborne Parish, the Team Cade fundraiser has become an annual fundraiser in
which money goes directly to the foundation for its cause.
The
foundation is the world’s leader in the search for a cure.
“We
fund more CF research than any other organization, and nearly every CF drug
available today was made possible because of foundation support,” its website
states. “We are a nonprofit donor-supported organization dedicated to attacking
cystic fibrosis from every angle. Our focus is to support the development of
new drugs to fight the disease, improve the quality of life for those with CF
and ultimately find a cure.”
The
foundation is based in Bethesda, MD.
This
year’s Team Cade fundraiser will be on the courthouse lawn Saturday, May 4.
Stay with The Guardian-Journal as more details become available.
Relay for Life
Meeting set for March 28, fundraiser
March 16
A
fundraiser for the American Cancer Society will be at Brookshires on Saturday,
March 16. Plates are $7 each and include a leg quarter, riblet, baked beans,
potato salad, cake and bread as well as a drink or water. All proceeds will go
to Relay for Life.
The
next meeting will be at 5:15 p.m. at the Newell and Newell Law Office on
Thursday, March 28.
The
Relay for Life is set for Saturday, April 13 on the courthouse lawn from noon
until midnight.
Rodgers pleads guilty to rape charges
The Guardian-Journal
A Homer
man being tried for several counts of aggravated rape pled guilty Thursday.
Charles
C. Rodgers, 38, pled guilty to charges of oral sexual battery of a minor under
the age of 13 and indecent behavior with a juvenile under the age of 13. He was
sentenced to 25 years hard labor without the benefit of probation, parole or
suspension of sentence.
“Once
he completes his sentence, he’ll have to register as a sex offender and will be
electronically monitored for the remainder of his natural life,” said Assistant
District Attorney Danny Newell, prosecuting attorney. “If he’d been convicted,
it would have been mandatory life.”
Rodgers
was arrested in on September 6, 2009 by the Claiborne Parish Sheriff’s Office
and charged with one count of aggravated rape with bond set at $500,000,
indecent behavior with juveniles with bond set at $500,000, aggravated second
degree battery with bond set at $15,000, two counts of battery of a police
officer, bond set at $2,500 on each count, disarming a police officer, with
bond set at $5,000, two counts of resisting an officer with bond set at $500 on
each count, possession of drug paraphernalia with bond set at $500 and
possession of Schedule II CDS (crack cocaine) with bond set at $5,000. His
total bond was $1,031,500.
Killgore's Pharmacy & Gift Shop announces opening of their website
Killgore's Pharmacy & Gift Shop announces the opening of their website as of 2012-12-28, online at KillgoresPharmacy.com.
Killgore's Pharmacy & Gift Shop was opened by Pharmacist James "Keith" Killgore and wife/business partner Beverlee Killgore in 1980.
Beverlee is the store manager and catalyst behind the excellent seasonal gift selections and gift displays.
Keith has been a practicing pharmacist in his hometown, Haynesville, for over 30 years. Helping his customers understand the do's & don'ts in regards to their prescriptions is his pleasure not his obligation.
For many years, the Killgore's have selflessly devoted their time to promoting Haynesville & All of Claiborne Parish. Keith, the consummate artist, designed and painted the "Lonesome Drug", "Welcome to Haynesville" and "Main Street Haynesville" murals.
Keith's artistry is available to you through his Gift Personalization Calligraphy on many of the gift items (plates, ornaments, banners and more).
The Killgore's put the family in "Family Pharmacy & Gifts".
Killgore's Pharmacy & Gift Shop is your one stop for medicine when you're sick, vitamins to keep you well, gifts for the bride and groom to-be, custom framing for your most cherished memories, home/yard decorating accessories and hobby supplies.
