A state district court last week knocked down action taken by the Vermilion Parish School Board for violations of the state’s Open Meetings Law. In what must surely be a first, I find myself in agreement with Attorney General Jeff Landry on the whole affair.
Suffice it to say, however, that Landry waited until there was a judicial ruling to take his courageous stand, a ruling 10 months in the making, while LouisianaVoice took a similar position on the removal of a teacher from a board meeting immediately.
For that matter, why the hell did it take 15th Judicial District Court Judge David Smith 10 months to issue a ruling on a matter that is supposed to be fast-tracked: the issue of public meetings of governmental bodies? To take 10 months to decide what was obviously a violation of state law is somewhat ludicrous.
Be that as it may, Smith not only ruled the school board violated the Open Meetings Law by having a teacher, Deyshia Hargrave, a Kaplan middle school English teacher, arrested and removed from the meeting because she questioned the board action of awarding Superintendent Jerome Puyau a $30,000 raise, from $110,190 to $140,188, while teachers have gone years without a pay increase.
Puyau, in an interview with a Lafayette television station, said, “By the time the teacher stood up in the audience to the time she was at the door, it was 53 seconds. During that 53 seconds, she was asked to sit multiple times, the gavel struck multiple times.”
Yes, she was asked to sit and yes, the gavel was struck multiple times in a desperate effort to keep Hargrave from further publicly embarrassing the board and Puyau. When the raise for Puyau came up on the agenda, Hargrave, the parish’s 2015-16 Teacher of the Year, attempted to ask how the board could award Puyau a raise “when you’re basically taking from the teachers.”
Board President ANTHONY FONTANA, an Abbeville attorney who should have known better, rapped his gavel while informing Hargrave she was not on the agenda and the item being discussed was the superintendent’s contract.
Hargrave was quick to point out that she was addressing the very issue the board was considering, his gavel-rapping notwithstanding. “This directly speaks to what you’re voting on,” Hargrave said as a city marshal moved in to slap handcuffs on her and lead her from the meeting.
To view the complete video, click HERE.
The video prompted a flood of outrage from throughout the country. News organizations, from the Charlotte Observer, to The Washington Post, to The New York Times, to US News & World Report, to NPR, to NBC, to the La Crosse (Wisc.) Tribune, and even the Baton Rouge Tiger Droppings picked up on the school board’s action.
Meanwhile, Fontana, referring to Hargrave as “the poor little lady,” said, “If a teacher has the authority to send a student, who is acting up and she can’t control, out of the classroom to the principal’s office, under our policy we have the same rules.” Apparently, Fontana believed he could treat teachers as children and that getting arrested is the equivalent to being sent to the principal’s office.
And perhaps Fontana, after 25 years on the board, should have retired before deciding he was the final authority on open meetings and freedom of speech First Amendment rights.
And while Judge Smith took his time in issuing his ruling, he did take it to its ultimate conclusion in negating the school board’s approval of Puyau’s contract and his $30,000 raise—because the action was taken in what Smith said was a meeting held in violation of the Open Meetings Law.
Puyau, obviously feeling he had been grievously wronged by the ruling (never mind the manner in which the board treated Hargrave—one of its teachers, no less), told Lafayette TV station KATC reporter Chris Wetly that he would appeal the decision.
“It has ruined myself and my family,” he sniffed. “It has broken me personally. It has changed me as a person…to understand that politics is ugly and they (whoever “they” is) will do anything they can to get rid of me as Superintendent.”
Hey, Puyau, trying getting arrested, being handcuffed, and led out a public meeting—for simply exercising your First Amendment right of free speech. Then you can talk about your life being “ruined” and your life “changed.”
And of course, there is Landry, always ready and willing to pick the low-hanging fruit. Here’s the headline from his news release on Monday:
Vermilion Ruling A Victory for Teachers, Public Declares Jeff Landry
AG Landry Pledges Continued Enforcement of Open Meetings Law
“I applaud Judge Smith for remedying this injustice,” Landry said of the ruling, adding that Hargrave and her fellow teachers, “who have not received a pay increase in many years despite growing class sizes, should have absolutely been heard.”
Of course, that was an easy call to make for Landry, ever the politician on the prowl for votes wherever and whenever he can find them. “And I pledge to continue diligent enforcement of our Open Meetings Law,” he said.
That’s a curious “pledge” for him to make. The Louisiana Constitution prohibits his intervention in parish affairs unless specifically requested to do so by the local district attorney. And as attorney general, he represents state boards, commissions, and agencies, meaning he is mandated to protect their interest, not ours. That means that in litigation over open meetings or public records, rather than enforcing the law, he defends state boards, commissions and agencies.
As ample illustration of that important distinction, observant readers will note that while LouisianaVoice WEIGHED IN on the controversy immediately, Landry, once a ruling had been made, had an opportunity to characteristically grab the spotlight with his news release. Prior to Judge Smith’s ruling, however, he had absolutely zero to say about the matter.
Nothing.
Nil.
Zilch.
So much for “diligent enforcement.”
Read Full Post »
Louisiana Voice 