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Advisory opinion regarding whether Cedric Grant, Deputy Mayor for Facilities, Infrastructure and Community Development of New Orleans, may accept employment to the position of Executive Director for the Sewerage and Water Board of New Orleans. |
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Cedric Grant is the Deputy Mayor for Facilities, Infrastructure and Community Development of New Orleans. In his role, he has coordinated the efforts of the Capital Projects Administration, the Department of Public Works, property Management, Housing and Development, and the Project Delivery Unit, helping to enhance the city's recovery effort and to integrate both the rebuilding of roads and buildings as well as their ongoing maintenance. Many of these efforts included helping the Mayor and others to provide the essential services of the public water system, the public sewerage system, and the public drainage system.
The Sewerage and Water Board of New Orleans (SWB) was created by the Louisiana Legislature in 1899. In New Orleans' Home Rule Charter, the SWB is listed as an "unattached board and commission." It has been stated that although the City of New Orleans and the SWB are separate agencies, the employees of both are governed by the same civil service rules, which allow for the seamless transfer of employees between the two agencies.
When property is expropriated by the SWB, such must be done in the name of the City of New Orleans and the property is titled in the name of the City of New Orleans for the Use and Benefit of the SWB.
The Mayor of New Orleans is the ex-officio president of the SWB. With the consent of the City Council, the Mayor selects the board members from nominees made by a Selection Committee composed of university presidents and business leaders.
The Mayor, as the president of the SWB, is an ex-officio member of all committees. The Mayor appoints all members of the SWB to serve on at least one of four standing committees.
Pursuant to the SWB's By-Laws, the Mayor "may be represented at any such meeting by a person designated by the mayor who shall be an unclassified member of the mayor's administration. Any such person shall have all rights and powers granted to the mayor with regard to any such meeting and shall have the right to vote for or in the stead of the absent mayor. In addition, any such person shall be counted for purposes of a quorum."
The Mayor appointed Mr. Grant as his "representative" to attend the meetings of the SWB in his stead. Mr. Grant was to attend when the Mayor could not and to carry out the Mayor's policies and hot his independent judgment. Mr. Grant never took an oath of office. During the period Mr. Grant was a representative, a three year period, there were 31 board meetings. Mr. Grant attended 27 and the Mayor only 4. The attendance by Mr. Grant to the meetings almost always followed briefings with the Mayor to ensure that Mr. Grant had clear direction on matters coming before the board in the absence of the Mayor personally.
Even though the Mayor was the ex-officio president and ran the meetings that he attended, a president pro tempore was elected by the other board members; and the president pro tempore ran the meetings when the Mayor himself was not in attendance. Mr. Grant never conducted the meetings.
The SWB is searching for a new Executive Director and the SWB would like to hire Mr. Grant to that position.
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La. R.S. 42:1121A(2) prohibits a former member of a board for a period of two years from contracting with, being employed in any capacity by or being appointed to any position by his former board.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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