In the wake of the lawsuit, filed this morning in 19th Judicial District Court, challenging the St. George incorporation, some are raising questions on media websites and in phone calls to the Parish Attorney’s Office asking whether Mayor Sharon Weston Broome, the lead plaintiff in the suit, is acting as a private citizen or in her official capacity as mayor-president.
Chief Administrative Officer Darryl Gissel confirms Parish Attorney Andy Dotson has fielded calls on the issue today, though he couldn’t say how many. Dotson declines to comment, referring all questions to the private attorneys representing the mayor in the case.
Broome’s attorney, Mary Olive Pierson, says the mayor is suing in her official capacity as mayor-president, but that she is not suing on behalf of the Metro Council, which would have required getting council approval, or on behalf of the entire city-parish.
It’s, perhaps, a hairline distinction but a significant one.
“She is suing as an elected official of the governing authority, which is specifically allowed in the statute,” Pierson says. “She does not need Metro Council approval. She is not doing it on behalf of the city-parish.”
The provision of state law Pierson cites, La. Rev. 33:4, lays out the grounds for contesting an incorporation effort. Specifically, section A (3) of the statute says, “Any municipality which might be adversely affected or an elected official of the governing authority of such a municipality” may file a petition challenging incorporation.
Broome, as the mayor-president, is an elected official of the governing authority of Baton Rouge, says Pierson, whose suit argues that the incorporation would adversely affect the city of Baton Rouge and unincorporated East Baton Rouge Parish.
Perhaps more to the point, Pierson reiterates earlier comments that city-parish taxpayers will not be stuck with the bill for what is expected to be a lengthy legal challenge.
Pierson is handling the suit pro bono, as is another member of her legal team, Larry Bankston. A third attorney, Brett Furr, will be compensated, though at a deeply discounted rate, because of rules at the law firm where he is a partner.
Furr’s fees, court costs and any other legal fees will be paid by private individuals, who are raising money to fight St. George, Pierson says.
St. George organizers issued a comment this afternoon commenting on the case, which they describe as “an attempt to delay the incorporation of the City of St. George, and at worst, an attempt to undermine a lawful election.”
The statement goes on to say: “The organizers listed in this lawsuit represent over 32,000 people who participated in the democratic process and over 80,000 residents of the future City of St. George. It is our genuine desire that Mayor-President Broome accept the will of the voters that St. George be governed as a separate municipality. We look forward to demonstrating how the City of St. George can be an asset to East Baton Rouge Parish, making it a better place to do business and a better place to call home.”
