LIVINGSTON — On the December ballot, voters in Livingston Parish will decide whether to allow the parish council to “engage” its own legal counsel. Currently, as part of the Home Rule Charter, the district attorney serves as the legal adviser to the parish council, president, and all departments, offices and agencies within the parish’s government.
If it passes, the Home Rule Charter section 4-02 would be amended to authorize the Livingston Parish council to find and secure its own legal counsel.
Section 4-02 of the Home Rule Charter (regarding the legal department) currently reads: “A. The district attorney of the judicial district serving Livingston Parish shall serve as legal adviser to the council, president and all departments, offices and agencies and represent the parish government in legal proceedings.
B. No special legal counsel shall be retained by the parish government except by written contract for a
specific purpose approved by the favorable vote of a majority of the authorized membership of the council. Such authorization shall specify the compensation, if any, to be paid for such services.”
Parish President Randy Delatte said many voters have been questioning what the proposed amendment means and what a vote “for” this amendment would do. A recent post on the Livingston Parish Government’s Facebook page outlined some of this.
The parish council meets twice a month for a couple hours and has legal counsel present during those meetings.
The Home Rule Charter designates that the district attorney serves as the parish council’s legal adviser. According to Delatte, the district attorney does this through the Moody Law Firm, whose fees are $96,000 annually, which is a flat rate that has not gone up in 10 years.
“He’s never went up on that fee,” Delatte said.
He added that he doesn’t know where the money to hire other attorneys for the council’s use would come from, as he’s unaware of a designated budget allotment for such purposes.
Last year, in addition to the district attorney’s two attorneys, the parish hired four more attorneys, Delatte said.
“You do not need six attorneys to run the parish government, and I would rather spend that money in services,” he told UWK.
In his personal opinion, hiring multiple attorneys will “open up a bigger can of worms” and invite conflict among the parish’s governmental branches, which will impact the parish’s residents in the long run.
Parish Councilman Ryan Chavers, who represents District 2, is in favor of the council being allowed to hire their own council. He said the council has already received contracts from a government attorney that are below the current attorney’s charges and below the government-set rate of $250/hour.
He said the hourly rate is not for attending council meetings, but for legal counsel taking calls and representing in court, for example.
If the Home Rule Charter is amended, the council would be able to hire its own attorney that would replace the current attorney appointment, Chavers said. The goal is not to hire a specialized attorney, which has been a question among some residents, he added.
“This is for us to have legal representation sitting up there with us at council meetings and representing us if we get sued,” he explained.
By being able to choose their own attorney, the council would feel more confident in the attorney’s willingness to fight for the council in legal battles.
Chavers said by voting “for” this amendment, residents could potentially allow the parish to save money, while also working toward the future.
“Council members after us will have this opportunity to be able to hire their own legal counsel. I think that’s important to consider whenever you go to vote. You’re not just thinking about us, but you’re thinking about council members down the road,” Chavers said.
Download the Unfiltered with Kiran app from the Apple App Store and Google Play to stay updated on the latest news across the Capital area.
