September 18, 2017 - Special

September 15, 2017

NOTICE OF SPECIAL POLICE JURY MEETING

1. Motion to adopt a resolution to retain special counsel, Mr. Daniel Broussard, Attorney at Law, to represent the Rapides Parish Police Jury in the matter of Terri Hunter vs. Rapides Parish Coliseum, Civil Suite No. 247,937, “F”, due to the Rapides Parish Coliseum Authority being dissolved as of August 31, 2017 and the Police Jury has now assumed the liabilities of the Authority and named as a defendant in the litigation.
2. Any other business that may properly come before the Police Jury.

BY ORDER OF THE PRESIDENT

Laurel Smith, Secretary

Police Jurors: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Jr., Sean McGlothlin and Richard Billings.

Also present were: Mr. Shannon Trapp, Courthouse and Jail Building Superintendent; Bruce Kelly, Treasurer; Phillip Terrell, District Attorney; Mr. Thomas O. Wells, Legal Counsel; and Ms. Laurel Smith, Secretary.

The invocation was given by Mr. Scott Perry.

The Pledge of Allegiance was led by Mr. Joe Bishop.

REGULAR MEETING

SEPTEMBER 18, 2017

The Police Jury of the Parish of Rapides, State of Louisiana, was duly convened as the governing authority of said Parish by Hon. Craig Smith, President, who welcomed all present and then stated that the Police Jury was ready for the transaction of business.

The President asked if there was any public comment on any agenda item, to which there was no response.

On motion by Mr. Richard Vanderlick, seconded by Mr. Ollie Overton, the following resolution was presented and unanimously adopted:

RESOLUTION OF THE

WHEREAS, the Rapides Parish Coliseum Authority was dissolved on August 31, 2017 and the Rapides Parish Police Jury assumed t he liabilities of the Authority; and

WHEREAS, the District Attorney for the Rapides Parish Police Jury, and particularly Assistant D.A., Thomas O. Wells, provides legal representation to the Rapides Parish Police Jury; and

WHEREAS, a lawsuit has been filed by Terri Hunter, Civil Suit No. 247,934, naming the Rapides Parish Police Jury as a defendant. This lawsuit involves the issue of the termination of an employee. Thomas O. Wells provided legal advice regarding the termination and regarding reporting the possibility of alleged improprieties to the Rapides Parish Sheriff’s Office; and

WHEREAS, a hearing will be scheduled shortly and le gal assistance is immediately needed in order to protect the interests of the Rapides Parish Police Jury; and

WHEREAS, it is probable that Thomas O. Wells will be required to testify regarding the events leading up to and the manner of termination of Terri Hunter as well as the reporting of the alleged improprieties to the Rapides Parish Sheriff’s Office; and

WHEREAS, Rule 3.7 of the Louisiana Rules of Professional Conduct prohibits a lawyer from representation in a case where the lawyer may be called as a witness; and

WHEREAS, Mr. Daniel Broussard an attorney practicing in Alexandria, Louisiana, has often represented public bodies and private individuals in matters of this nature and therefore possesses the specialized knowledge and skill for the defense of the Rapides Parish Police Jury in this lawsuit and

WHEREAS, Mr. Daniel Broussard represented the Rapides Parish Coliseum in this matter and is knowledgeable about the litigation and the employment of private counsel will eliminate any issues of legal e thics which would arise in the event it is necessary in the defense of these matters for the Police Jurors to testify REGULAR MEETING SEPTEMBER 18, 2017

as a witness; and

NOW, THEREFORE, BE IT RESOLVED that Mr. Daniel Broussard, Attorney at Law, is hereby engaged as counsel for the Rapides Parish Police Jury; at the compensation schedule published and approved by the Attorney General not to exceed $150.00 per hour together with incurred expenses for court cost advances, subpoena and deposition fees, and other like out-of-pocket expenditures, subject however to the approval of the Louisiana Attorney General pursuant to R.S. 42:263;

BE IT FURTHER RESOLVED that a certified copy of this resolution and attachments be forwarded to the Honorable Jeff Landry, Attorney Gen eral of Louisiana, for his review and approval, all pursuant to R.S. 42:263.

The above resolution was duly introduced, seconded and the vote thereon was as follows:

YEAS: Davron “Bubba” Moreau, Joe Bishop, Theodore Fountaine, Jr., Richard Vanderlick, Oliver “Ollie” Overton, Sean McGlothlin, Richard Billings, Scott Perry, Jr. and Craig Smith NAYS: none ABSTAINED: none ABSENT: none

And the resolution was declared adopted on this 18th, day of September, 2017.

On motion by Mr. Joe Bishop, seconded by Mr. Ollie Overton, there being no further business, the meeting was adjourned at 12:32 p.m.