Town prevails in budget hearing
Judge leaves door open for plaintiff to file
additional grievances
MICHELLE BATES, Editor
A Second Judicial District Judge has ruled in
favor of the Town of Homer regarding a proposed ordinance introduced in March
and later withdrawn; however, he left the door open for the plaintiff to amend
the suit concerning other grievances regarding interference with the police
department’s budget.
On Thursday, May 16, Judge Jimmy Teat ruled
that the issue of Proposed Ordinance 13-003, introduced in a March special
called meeting by the Town of Homer, is moot. Proposed Ordinance 13-003 was a
proposal to amend the Town of Homer’s budget in regards to the police
department. It is the belief of Homer Police Chief Russell Mills that the
ordinance would have cut the police department’s budget so drastically as to
render it inoperable.
The town tabled the ordinance in the March
monthly meeting and then completely withdrew its introduction in a later
meeting.
And because Counselor Tom Arceneaux,
representing the Town of Homer, filed the issue as an exception, Judge Teat
gave the plaintiff, Chief Mills, 30 days to file an amended petition in the
suit to address several other issues brought up in court that day.
Pam Breedlove, attorney for Chief Mills, argued the issue
is not moot because the town is still trying to “amend the budget without
amending it.” She argued the mayor is still trying to control the Homer Police
Department budget through making him turn in purchase orders and “forbidding”
him to even put batteries in the patrol units so the police department can
operate.
“Why does the chief need the mayor’s approval
to put a battery in his police cars?” Judge Teat asked.
Arceneaux objected to Breedlove’s argument,
saying the issues she introduced were an attempt to discredit Homer Mayor
Alecia Smith for political reasons.
Breedlove said Arceneaux’s argument was not
true, because the mayor is not paying the bills for the police department and
not allowing the employees to talk about or produce public documents for fear
of termination.
Along with other exhibits introduced into
court, she attempted to introduce an alleged confidentiality agreement that all
town employees were reportedly required to sign stating they would not talk
about or produce records without the approval of the mayor and/or the town
attorney, and in doing so is grounds for termination and legal prosecution.
“Every time something is brought up, they
just change their path,” Breedlove argued. “The exception should be denied.”
Arceneaux argued Exhibit 8 (the alleged
confidentiality agreement) was irrelevant and beyond the scope of the court.
Judge Teat agreed, but allowed other exhibits showing items being charged to
the police department budget without the Chief’s consent and the Mayor’s
refusal to approve payment of expenses for the Police Department. Breedlove
also brought up the fact that Town Attorney Marcus Patillo is paid $500 per
month to conduct Mayor’s Court, above his monthly payments from the Town of
Homer, which is coming from the police department’s budget.
“That’s not my call,” Judge Teat said, “but
it sounds like misappropriation of funds. But we’ll leave that subject to
question. Mayor’s Court payments should come from the Town of Homer.”
Also at issue was the fact that Breedlove’s
fees were taken from the police department’s budget, which were to be paid by
the town.
“I ordered the town to pay those fees,” Judge Teat said. “I
order the town to replace that within 24 hours. By 10 o’clock (Friday, May 17),
that record should be replaced.”
According to Chief Mills, those funds were
replaced within the time frame the judge ordered.
Breedlove, on behalf of Chief Mills, intends
to amend the petition within the 30 day time frame to bring back before the
court these issues she argued last Thursday.
While this suit brings to close one issue, it
is in a long line of other issues that began in February when the town council
attempted to disband the police department. Chief Mills hired outside counsel
within hours and filed suit against the town, winning an injunction to stop
Mayor Smith and the council from enforcing its vote to disband the police
department.
Second Judicial District Judge Jenifer Clason
granted the injunction and the case was put before Judge Teat as Judge Clason
recused herself from the case.
Also, during that hearing, the amended
petition regarding the introduction of Proposed Ordinance 13-003 was filed and
the hearing for that suit was set for April.
Within four days of the March hearing,
another suit was filed in regards to the alleged illegal vote of the council to
do away with term limits for the mayor and council positions. The council withdrew
its vote before the hearing in April.
Town of Homer public hearing set for June 3
The Town of Homer will hold a public hearing
at 5:45 p.m. on June 3, 2013 at the Homer town Hall. The purpose of the
meeting is to obtain views on the housing and community development needs of
the Town and to discuss the submission of an application for funding under the
State of Louisiana’s FY 2014/2015 Community Development Block Grant (LCDBG)
Program.
Information regarding the amount of funds
available for proposed community development and housing activities; the range
of activities available that may be undertaken, including the estimated amount
of funds proposed to be used for activities that will benefit persons of low
and moderate incomes; the plans of the Town for minimizing displaced persons as
a result of activities assisted with such funds and the benefits to be provided
by the Town to persons actually displaced as a result of such activities; and
the Town’s past performance on LCDBG projects funded by the State of Louisiana
will be presented.
All residents, particularly low and moderate
income persons and residents of slum and blighted areas of the Town of Homer
are encouraged to attend this meeting. Accommodations will be made for persons
with disabilities and non-English speaking individuals provided that a three
day notice is received by the Town. Those citizens unable to attend this
hearing may submit their views and proposals until May 31, 2013 in writing to
the Mayor at the following address: Town of Homer, 400 E. Main Street, Homer,
LA 71040.
State police now involved in town investigation
MICHELLE BATES, Editor
Auditors from the Louisiana Legislative
Auditor’s Office have not completed their investigation in Homer regarding
complaints of “financial impropriety,” according to District Attorney Jonathan
Stewart, and the Louisiana State Police have assigned investigators to the
case.
But, he said, it’s not uncommon for the state
police and the state legislative auditors to work on a case at the same time.
According to Eric Sloan, CPA, assistant
legislative auditor and director of investigative audit and advisory services,
the auditor’s still haven’t completed their business in Homer.
“To my knowledge, they aren’t through,” Sloan said, “and that’s
about all I can say at this time.”
Stewart said the auditors had conducted their
initial investigation, and once it’s complete it will be turned over to the
district attorney’s office. However, the state police are now investigating
some of the things the auditor’s office has found, he said.
“Generally speaking,” Stewart said, “the
legislative auditor’s office is very good at looking at the books and
compliance with (budgetary) laws. It’s not uncommon for auditors and the state
police to investigate at the same time.”
Stewart also could not give a timeline as to
when the auditors would be done or when the state police would conclude their
investigation. That report will also be posted to the Legislative Auditor’s
website.
The legislative auditors came to Homer (in
early April) amid allegations of financial impropriety within the town office,
District Attorney Jonathan Stewart said in an earlier report (April 11 edition
of The Guardian-Journal).
In March, The Guardian-Journal researched and
reported on some questionable expenses within the town’s 2012 budget to find
out where money was going and why so much money was being spent on travel as
well as allegations the Homer Police Department’s budget was in the red. This
research was prompted after the Homer Town Council voted to disband the police
department in February, with Mayor Alecia Smith and the town council alleging
continued budget overruns, numerous pending lawsuits and concerns of leadership
as the reason for its decision.
Research showed several questionable expenses
in other funds in the budget as well, including payments for registration fees
for Town Attorney Marcus Patillo to attend the Louisiana City Attorney’s
Conference in 2012. Other questionable expenses included the fact that Patillo
was being reimbursed for mileage for doing legal work for the town. Other
questions arose as to travel expenses, matching credit card statements with
general ledger entries and other entries questioned.
Operation CAN’T
Multi-agency effort takes down alleged drug dealers
MICHELLE BATES, Editor
When three people got up Tuesday morning,
being arrested wasn’t in their plans for the day.
Two men and one woman were arrested in the
early morning hours on various drug charges after a several month investigation
that led to their arrests.
Arrested were Gerald Mitchell, 55, Louann
Baker, 53,and Tab Cooper, 32, all of Homer, were charged with various charges
including distribution of Schedule I CDS (marijuana), distribution of Schedule
II CDS (crack cocaine), criminal conspiracy to distribute CDS in a drug free
zone, and all three were charged with violations of Controlled Dangerous
Substance laws, which means they were selling drugs in a drug-free zone.
Cooper was also arrested in Operation TBOS
(Taking Back Our Streets) a few years ago. He was arrested, convicted and
served his time and is currently on probation.
Mitchell’s total bond was set at $270,000,
Baker’s total bond was set at $180,000 and Cooper’s at $80,000 with a hold from
Probation and Parole.
Mitchell and Baker were arrested around 6
a.m. Tuesday morning at 345 Oil Mill Street, and Cooper was arrested later in
the morning at an apartment on South 4th Street. He was arrested by Homer
Police Lt. Roger Smith and Officer Frank Evans. Mitchell and Baker were
arrested by Homer Police and CNET agents James Spillers, Adrian Malone and
Darren Keel.
According to Sgt. Van McDaniel, Operation
CAN’T (Campaign Against Narcotics Trafficking) began several months ago after
getting complaints from community members about the use and distribution of
drugs in the area of Oil Mill Street.
In conjunction with the Claiborne Narcotic
Enforcement Team, McDaniel and CNET investigators began their investigation in
earnest once alleged drug dealers had been identified.
“We identified potential drug dealers in
Homer, and once we identified them, we began surveillance and our
investigation,” McDaniel said. “After we determined they were in fact dealing
drugs, that’s when the main body of the investigation began.”
One individual, as of press time, was still being sought
for arrest, McDaniel said.
“Operation CAN’T isn’t just about today,” he
said. “It’s an ongoing investigation. There are different traffickers of
narcotics within the Town of Homer. Today was just the tip of the iceberg.”
McDaniel also said that the recent rash of
break-ins in the area were linked to supporting these individuals’ alleged drug
habits, whether it be the use of drugs or the distribution of drugs.
All Housing and Urban Development (HUD)
housing is considered drug free zones, McDaniel said. If someone is selling
drugs within 2,000 feet of a drug-free zone, they are in violation of that law
and are subject to arrest.
“We spent a lot of overtime and money in
investigating these cases,” McDaniel said. “It takes all of us working together
-- the Homer Police Department, CNET, the Haynesville Police Department -- and
it takes the community, people letting us know what’s going on in their
neighborhoods.”
He thanked everyone for their help in this
operation.
“We got a lot of help from Agents Spillers,
Malone and Keel,” he
said. “Without them, we couldn’t have gotten half as much accomplished.”
Homer Police Chief Russell Mills encouraged
the community to keep coming forward to help eradicate the use and distribution
of drugs in Homer. He said cases like this take an enormous effort to
investigate and complete.
“This is just another example of the time and
effort it takes to work a narcotics case,” Chief Mills said. “I understand the
community sees things in their neighborhoods and it seems nothing is done.
We’re struggling to make ends meet, but at the end of the day it takes money
and manpower to investigate these cases.
“All the community is hearing about is the
budget, the budget, the budget,” the chief continued. “It takes a lot of money
and manpower to work these cases. We worked this together, and it’s going to
take the community working together to make it better than what it is.”
Claiborne Parish Sheriff Ken Bailey said this
was a total effort between CNET and Homer Police.
“Here at the sheriff’s office, we’re trying
to make our parish a safe place to work, live and raise our families,” Sheriff
Bailey said. “If you sell drugs in the Town of Homer, the Town of Haynesville
or in the parish, we’re going to get you.”
Chief Mills emphasized that all they need is
information, no one’s name.
“All we need is the information, and we’ll
work it from there,” Chief Mills said. “We don’t need you to get physically
involved, but call us, and we can promise you, we will do everything we can to
make your neighborhood drug-free.”
If anyone sees suspicious activity or
suspects drug use or distribution, please call the Homer Police Department at
318-927-4000, the Claiborne Parish Sheriff’s Office at 318-927-2011 or the
Haynesville Police Department at 318-624-1355.
Arts, fun, entertainment and more!
Claiborne Jubilee this weekend
The Guardian-Journal
The Claiborne Jubilee is expected to be a fun
day in celebration of the arts on Saturday, May 25 at the courthouse lawn on
the square in Homer.
This year, the Jubilee Players invite anyone
interested in beginning the Memorial Day weekend with a patriotic program,
including selections of speeches, poetry and song to join them on the northeast
corner of the courthouse lawn during the Jubilee Arts Festival.
It is expected to last about 30 minutes and
will begin at 11 a.m. The program will include readings from Lincoln’s second
inaugural address, a memoir from Sen. John McCain of his time as a prisoner of
war and a portion of James Madison’s speech on the importance of adopting the
Bill of Rights.
Among those participating are Suzanne Ford,
Darlene and Jim Norcross, Sadie Flucas, Penny and Chet Andrews, Wanda Smith,
Jim Ford and John McClellend. Selections will include readings from throughout
American history focusing on many lesser known pieces.
The Players issue a special invitation to
join them in this observance which will take place on the northeast corner of
the Courthouse lawn.
Also, art exhibits, vendors, musicians and a
special Memorial Day weekend observance will be outside at the courthouse,
weather permitting and in Homer City Hall in case of rain.
Associate Professor Nick Bustamante from
LATECH will display a panel from the current mural in process which is to be
hung on the old Coca Cola Bottling Company building on East Third Street in
Homer. The mural depicts children playing in the former Coke Park during the
1950’s and ’60’s.
Claiborne Parish native Judy Peterson Buckner
who designed the Kinnebrew Building mural, “High Cotton” has also done the
painting from which this new mural is being taken. There will be an opportunity
for festival goers to place orders for prints to be made from Ms. Buckner’s
painting.
The quilt exhibit will be inside at City Hall
on Friday, May 24, and all day Saturday.
Viewer’s Choice judging will be closed in
city hall at 2 p.m., and quilts may be taken away between 2:30 and 4 p.m.
Music and presentations will be on the
northeast corner of the lawn where seating will be available. Those entering
art works to be judged should bring them between 8 and 10 a.m. to the south
lawn for judging at 10:30.
Art in all media and by all ages is welcome.
Children may enter up to three pieces for no charge. The entry fees for those 18
and older are $6 each or $20 for four pieces.
The popular art chair auction will be open
for silent bids beginning at 9 a.m. until 2 p.m.
For more information on the Jubilee, please
call Cynthia Steele at 318-927-2566 or at .
Homer Lions Chicken Charbroil this Friday
The Homer Lions Club is selling tickets for
this year’s Chicken Charbroil! Tickets are $7, and plates include chicken,
beans, potato salad, bread and a dessert. Plates can be picked up in the
parking lot at Regions Bank 11 a.m. until 1 p.m. If you have not gotten your
ticket(s), please contact any Lions Club member to get them!
‘Potluck’ raises at least $10,500 for roof repairs
The Guardian-Journal photos/Michelle Bates
The third annual ‘Potluck @ the Fair’ was another
success this year. With the Lisemby Family Gospel Group providing beautiful
Christian entertainment, guests bid on many silent auction items and ate a
variety of foods prepared ‘potluck’ style. The Town of Haynesville has been
approved for a $27,000 grant, but the total cost of the project to repair the
roof on the Claiborne Parish Fair Complex is $33,000. The funds raised from
this year’s ‘potluck’ will finish covering the cost for those repairs.
Sponsored by the Haynesville Beautification Committee and Haynesville’s Citizen
Advisory Committee, the last two fundraisers allowed the renovation of the
restrooms, hallway and kitchen of the building, as well as the installation of
fans and electrical work.
Homer wins district in state cleanest city contest
Pictured above, seated from left are Cleanest City
Judges Jennifer Granger of Lake Charles, Mary Lou Robertson of Baton Rouge,
State Chairman Jean Gilstrap of Farmerville and Beth Erwin of Collinston.
Standing are Homer Garden Club members Cynthia Steele, Colynn Butler, Camille
Abshire, Joye Synco, and Gale Anderson. At left are District 5 Councilwoman
Patricia Jenkins, Clean City Member June McClure and Gilstrap. Gilstrap
presented Jenkins, standing in for Homer Mayor Alecia Smith, and McClure with
the plaque.
The Guardian-Journal
Judges from the Louisiana Garden Club
Federation, Inc. visited Homer last Wednesday to judge the Town of Homer for
the Cleanest City Contest.
A reception was held to welcome the judges
with several members of the Homer Garden Club present as well as Homer Town
Councilwoman Patricia Jenkins, District 5, who stood in for Mayor Alecia Smith
as she had a prior engagement. Town employees as well as others attended the
reception to welcome the judges.
The Town of Homer, in District 4, Category E,
received a plaque as 2013’s Cleanest City.
According to a press release, the primary
goal of the LGCF Cleanest City Contest is to become a litter free Louisiana.
This contest, by example, can help accomplish this goal by bringing cities
together with a common objective -- to clean their communities.
This contest is more than 50 years old. It is
the first and are still the only state garden club organization to have such a
contest.
Cities are divided into 10 population
categories in eight districts. This insures a town of 300 is not judged with a
city of 100,000. A panel of three volunteer judges visit participating cities
and rate them on their cleanliness. This begins on the district level, the end
of March or the first of April. (There are too many entrants to judge them all
at once.)
The winners of the district contest then
compete on the state level, beginning the end of April or the first of May.
With the national awareness on “going green”
and environmental issues, it is hoped they will no longer have a litter
problem. Education is the key to achieving our goal. By educating our children,
and through them our adults, we can clean our state.
The LGCF state Cleanest City Chairman is Jean
Gilstrap from Farmerville. The judges were Beth Erwin from Collinston, Mary Lou
Robertson from Baton Rouge and Jennifer Granger from Lake Charles.
Phone calls to Mayor Smith for comment on
this story were not returned as of press time. Also, a phone call to Jenkins
was not returned as of press time.
