| Discussion of decision in matter regarding Neal Clulee, member of the St. Charles Parish Planning and Zoning Commission, and his spouse, entering into transactions with the Commission. |
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Judgment rendered by the EAB that the legislature did not intend for rezoning applications and appearances at hearings for rezones to be defined as transactions in Section 1113 of the Code. The EAB went further to state that if our interpretation of Section 1113B was adopted it would raise "grave constitutional concerns so they must adopt an interpretation that is consistent with constitutional requirements."
Staff filed a motion for reconsideration arguing that the law was clear in its definition of a transaction within a governmental entity and that the legislature did not intend to exclude rezones from that definition. The motion was denied without reasoning.
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Charges were filed against Mary and Neal Clulee for a violation of Section 1113 of the Code where Mary and Neal Clulee applied for the re-zone of their private property and the application was considered by the Planning and Zoning Commission in which Mr. Clulee sat as a member. Mary Clulee made an appearance at the hearing before the Commission. In response to the Charges filed, the Clulees filed Motions for Summary Judgment arguing that Section 1113 was unconstitutional and that there was no "transaction under the supervision" of the Commission since the final approval of the re-zone went before the Parish Council.
Staff argued that Constitutional issues were not under the jurisdiction of the EAB and are matters to be heard in District Court. Staff also put forth the argument that Section 1102 of the Code clearly defines transactions within a governmental entity as "any applications, request for a ruling, proceedings, determinations.. that are the subject matter of the governmental entity."
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| Assigned Attorney: |
Aneatra Boykin |
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