Thirty minutes of oral arguments were heard this afternoon by a three-judge panel at the Louisiana Court of Appeals, Second Circuit in Shreveport, on Essmeier v Jonesboro, a suit filed in March of 2011 that challenged the legality of two ordinances enacted by Jonesboro’s Board of Aldermen.
The panel consisted of Chief Judge Henry Brown, Jr., James Stewart, and Larry Lolley.
Appearing for the defendants/appellants were Louis Scott and Carol Powell-Lexing. Bobby Culpepper represented the plaintiffs.
The defendants appealed Second Judicial (Bienville, Claiborne, Jackson parishes) District Court Division B Judge Jimmy Teat’s ruling of August, 2011, that said the defendants violated the Local Government Budget Act, and that enjoined them from making expenditures under the challenged ordinances.
Powell-Lexing’s argument centered on assertions that amendment #700 was an amendment, not a new budget as the plaintiffs assert. She argued that proper procedure was followed, with a public hearing that was advertised as prescribed by law. Powell-Lexing also argued that the law has no minimum requirements on how an amendment is to be done.
When Judge Brown asked Powell-Lexing if the trial judge had found that the amendment really constituted a new budget, she continued her assertion that it was an amendment.
Judge Lolley asked about the town’s finances being taken over by the state, at which point Powell-Lexing told him about the appointment of a fiscal administrator, and her expectations that the ruling making the appointment would also be appealed.
Culpepper rebutted that “wholesale changes” to the budget constituted a completely new budget, that the document was so styled, and that no hearings or advertisements had been done as the law required.
Readers will recall that during the 3/8/11 meeting of the town council, the budget was amended again after the public hearing that had just been held, and that some of the aldermen had not been informed of those changes.
Scott’s arguments paralleled those of Powell-Lexing, but he did have to admit that many budget changes were made, when asked by Judge Stewart if “tremendous changes” were indeed proposed.
Scott also argued that the plaintiff’s motive was to create chaos with the towns finances, rather than to see that the law was followed.
A decision is expected within six weeks.
08/07/2012 at 5:31 pm |
Good Lord. Will this EVER be over?? I had sooo hoped this would come to an abrupt end today but I will have to be patient a little Longer.
08/07/2012 at 6:08 pm |
It appears the town lawyer evaded the answer to the question of whether the trial judge ruled that it was a new budget. Imagine the three judges will find out for themselves what the trial judge ruled, and probably base their decision on that. Not a good idea to evade a direct question, think that will go against them.
08/07/2012 at 6:09 pm |
There is always an excuse that this is going on because of someone else’s motives are plans “to create chaos”. Its a plan to destroy the administration, it’s racism, it’s this, it’s that! Accept that fact that it is because the current administration is made up by a band of raving, incompetant lunatics!! End of story!!! I heard today that the police that were laid off can not even draw unemployment because the mayor again failed to pay the unemployment in to the state therefore disqualifying them from drawing the pay. This whole mess is absolutely ridiculous, and all the “followers” that he has pulled the woll over on, i truly hope they see the.light before the next election!
08/08/2012 at 11:10 am |
Those people will never see the “light” because they are in the blinded by darkness. They will always support ol’ Les regardless of the turmoil he has created. It is so sad that these people will never vote for what is “right”, but will always vote for “wrong” because ol’ Les is their friend. Doesn’t matter at all that he is as corrupt as they come and he has destroyed the TJ.
08/08/2012 at 11:13 am |
Should be “blinded by darkness” and not “because they are in the blinded by darkness”. Sorry!
08/07/2012 at 6:29 pm |
The judges already had a transcript of the first trial, and knew what the trial judge ruled. That was just a test to see if the town lawyer would tell the truth, and she failed it.
08/07/2012 at 6:56 pm |
I sure hope the end is near. Anyone heard that ole Les was told that the pay raise he got wrongly, that he has to pay all money back above the salary the $35,000? To my calculations that is quite a chunk! Wonder where he will get it or even more who will loan it to him to pay back……Sure hope it’s true!
08/07/2012 at 7:12 pm |
Don’t think it will take six weeks for them to decide this one. That is just the standard allowance time.
08/07/2012 at 7:25 pm |
Come on folks! You know that if this does not go in Leslie’s favor he is going to scream racism.
08/08/2012 at 11:22 am |
Let him scream to the top of his lungs. It is certainly not going to go in his favor. Oh, let all of them (his supporters) scream, too! Time for justice to be served in Jonesboro.
The three judges are very smart people, and they can understand what the truth is……..incompetence gone wild. They know exactly what is and has been going on.
08/07/2012 at 7:32 pm |
Got behind ol leslie and 3 others piled into his mayor car leaving arcadia this evening right after 5pm. Took pictures of his car and license plate when i was behind him.
08/07/2012 at 7:42 pm |
Email those to Mr. Abbott….
08/07/2012 at 8:58 pm |
Big Deal….did they go to Shreveport for the trail???
08/08/2012 at 7:12 am |
Was the non permanent decal on the door?
That needs to be addressed with the FA…..mark that car!!!
08/08/2012 at 9:06 am |
WHAT?? U mean they didn’t rent the limo and paste the town decal on it?
08/08/2012 at 11:33 am |
Wonder if they ate at Luigis while visiting Arcadia?
08/07/2012 at 8:01 pm |
Think if the ruling is against the Town, Thompson will just have to refund the four months’ pay increase that he received before they amended the budget legally to give him his raise.
08/07/2012 at 8:11 pm |
That would be about $12,000 if my calculations are right.
08/08/2012 at 10:58 am |
How on earth can you believe it’s just 12,000.00? The meeting (for 700 & 701)was on 3/8/2011. I’m sure he got his “double the pay” increase that next day. That’s been a year + 5 months by my calendar. Think this adds to much more than $12000.00.
08/07/2012 at 8:56 pm |
The fiscal administrator will decide how much Thompson gets from now on.
08/07/2012 at 11:14 pm |
I heard the fire chief got or was getting a raise and a new tahoe. If town is so broke and shutting the police dept down then why are they giving money to fire dept
08/08/2012 at 7:10 am |
Maybe the FA put the brakes on that! Since when does the Fire dept. need a Tahoe? Oh by the way, when did the $2.00 everyone pays on their water bill now go to the fire dept. when it was originally for the Police dept? I don’t buy that answer!
08/08/2012 at 11:00 am |
And nobody up there can tell you what this fee is for. I want to know how long have we been paying this and when was it instituted? What council voted this in and when and for what?? Answers – Anybody?
08/09/2012 at 5:54 pm |
Mayor Zuber instituted this fee in the late 1990′s for the Police Department because they had no tax dedicated for their use. It was a fee, not a tax, and was not publicly voted on like a tax would have been. The fee is 2.00 for households and 3.00 for businesses.
08/08/2012 at 8:46 pm |
The current fire chief’s girth doesn’t allow him to fit comfortably in the current truck from what i have heard
08/08/2012 at 7:16 am |
Go back and read the post on this article “The Town of Jonesboro’s Attorney and the Rules of Professional Conduct”
She’s back.
The hate filled racist woman has posted….notice her last statement about the judge hiding behind his black robe and the AG hiding behind his title.
She’s living large off the grant money….the free money to her family needs to STOP!!!
Get a real job, lady!!!
08/08/2012 at 9:34 am |
She’s no lady….she’s a woman, and is not too smart or nice!!
08/08/2012 at 11:38 am |
My words exactly! Only I will add that she is a woman ACTING like a jerk. Her rants can only help us out, so let her keep ranting.
08/08/2012 at 2:42 pm |
Same old song sung by the same one that accuses everyone of not playing fair unless you play by their rules of the game which it to give it all to them and unless you do, you are a guilty of a horrendous act and if you question anything relative to their operation, they you are a the worst offender……you are expected to give all you have to them, you are not supposed to ever even dream of asking a question about what they do with the gift. Case in point, one person used a term that they had baited for for a very long time, much effort was put into baiting, and finally one person took the bait and said the magic word to their ears…….if you note in the writing that is the only topic of the rant, well, the disparaging remarks about the Judge and Attorney General, but other than that, there was nothing else to whine about other than some inane self described history….there was nothing of current merit or issue other than the fact the fish took the bait. Amazingly enough, that fish does not represent the whole school nor do they represent the entire population of the Town of Jonesboro or Jackson Parish. They want people to think that they do, even as they self proclaim all their wonderful acts but the fine print is somehow always left out……..the disclaimer about “all we do we do for us and if you don’t agree then you are wrong and if you question anything we do, they you are damned and doomed”. No one has ever stood up to them or questioned them and that shoe just don’t fit. Whine on and rant on, the gravy train has been shortened, the conductor has been replaced and the fuel is now on ration.
08/08/2012 at 11:02 am |
The fire dept budget went from about 300″and somethin” thousand to 800 thousand, so the paperwork said. Thats how they were getting it, and you wonder were the police budget went.
08/08/2012 at 12:30 pm |
Why did the mayor take the money from police and give it to fire?
08/09/2012 at 9:07 am |
Always heard people will accuse others of what they themselves are guilt of. Case in point les accusing Judge Teat of having personal issues with les..it appears that mayor les may have had personal issues with Chief horton for wanting to fire one of mayor and some councilmembers buddy. Horton stood his ground and mayor destroyed budget for police dept leaving citizens swinging in the wind. Ray Charles could see that. On a day to day basis who responds to more calls for assistance, the police dept or the fire dept?
08/08/2012 at 12:33 pm |
why did mayor take money from police and give it to fire dept?
08/08/2012 at 12:43 pm |
Probably cause mayor and fire chief are tight
08/08/2012 at 3:34 pm |
I would like to see his revised budget, I am sure they will ask the Fire Chief for his. May have to pull out the old abacus to do the math. Why a Tahoe? The sheriffs office has gone to smaller and more economical vehicles.
08/08/2012 at 3:58 pm |
….I have heard the mayor say, “If they (police) won’t play by my rules, then they won’t play at all!” Good job Chief Horton for not catering this lunatic.
08/08/2012 at 4:13 pm |
Im not sure if he would fit in a more economical vehicle.
08/08/2012 at 8:51 pm |
You got it……..!
08/08/2012 at 8:52 pm |
Maybe the FA will make people actually qualify for their job. If you can’t run up stairs and save people from a fire..you probably shouldn’t be chief.
08/09/2012 at 6:50 am |
who is paying for thompsons lawyer he cannot
08/09/2012 at 7:12 am |
It is coming from us taxpayers…think about why he increased his administration budget. He is using some of those funds to pay them lawyers. That is one BIG reason the town is broke! He needs to go and the stupid court cases will go away.
08/09/2012 at 7:45 am |
I’m sure the the fire chief will try and wash the FA vehicle like he has done for past mayors. He washed Zubers, Revees and Thompson cause he thought he was going to get something from them. But he would Not wash Essmeier cause he knew Essmeier would not have done any favors for him.
08/09/2012 at 11:24 am |
That sounds like that a$$ kisser
08/09/2012 at 5:52 pm |
The fiscal administrator may have something to say about continuing to use the administrative budget money to appeal and defend court cases which they never win. There has to be a stopping point, and I imagine they are just about there if they don’t win this appeal.
08/09/2012 at 6:59 pm |
Let’s change some names….Jonesboro to “Simmonsboro” and Allen Avenue to “Mayor Thompson Avenue”
Show these fine leaders some respect????
08/09/2012 at 9:10 pm |
Leslie is not going to appreciate you demoting him to an Avenue. He wants the town name himself.
08/10/2012 at 10:38 am |
You are right. Add to that the airport……Leslie Thompson International Airport.
Sounds very impressive, doesn’t it? Oh, what a dream Leslie. It is time to wake up from that dream.
08/10/2012 at 12:09 pm |
…Melba Holland just walked out of here and quit!
08/10/2012 at 12:18 pm |
Why? Who she mad at the FA?
08/10/2012 at 3:06 pm |
Interesting!! Wonder if she could not COMPREHEND the bookkeeping procedures and it stressed her out? Anyone know the answer? We would like to know.
08/12/2012 at 7:21 am |
This is a question copied from the article in Monroe paper where aldermen in Giblsand ask the AG’s office..
Q: May the town operate without a city clerk?
A: Since there are specific tasks that the clerk must perform and mandatory language in state law requiring a person be appointed to the position, the town may not operate without a city clerk.
Well, I guess this means for the TOJ that on Monday, the Dey Clerk, Rev David Dill, will be the city clerk and performing! (He wrote he was the Dey Clerk….I think Dey might be texting for Deputy)
And let’s not forget in Baton Rouge, he stated he did not know nothing about no money.
Maybe he can have his current salary and Ms. Holland’s combined….he works so hard …just like the Mayor…24/7 for the TOJ.
Get the man his own town car….he should not have to share with the Mayor….heck get him a house in Jonesboro….he can be the next mayor.
08/12/2012 at 10:07 pm |
Not even sure he will be able to keep his current job, since nobody seems to know what it is. Maybe the FA can find out.