Oops.. They did it Again!

Youngsville has done it again. They have outdone themselves, as some would say. Others may remark, ‘Why do you keep beating a dead horse?’ We’re not. This horse is alive and well but is stubborn and doesn’t seem to learn from its mistakes or respond to discipline. Just when you think you can go about and explore other things. When you try to move on to investing energy in different projects and municipalities that need just as much attention as Youngsville, they do something else that catches our eyes.

Most of us remember the days of the initial boom in Youngsville. When we were flooded with positive stories from the fledgling municipality. Like glory hounds, they rushed to the camera to get on the news regularly to tote a new project or another success for the city. Even former Chief Ricky Boudreaux had a good reputation with the media in those days, frequently finding himself in front of the camera and with little controversy or skepticism.

Things have changed…

Those days seem so long ago. For over a year, the City of Youngsville has been embroiled in controversy (We will recapitulate some of those items at another time). It has been almost like some sadomasochistic form of pleasure-seeking. If we can’t garner attention for the good things we do, we will just have to do bad things.

Not only has the reputation of the City of Youngsville been forever damaged, but things have actually changed for many of its residents. There is a fundamental disconnect between the government that “serves” them and the individual residents. Those who find themselves in a community of comfort and leisure tend to be further disconnected from what is happening. This disconnect leads to people with heavy confirmation biases, apathy, and ignorance, who generally make irrational voters.

There is only one thing that can turn it all around – TRUST! The people of Youngsville are paying a heavy “tax.” No, we are not referring to one of, if not the highest, sales taxes in the state. Nor are we referring to the property taxes in our community, which, believe it or not, WERE NOT increased this year thanks to two members of our Youngsville City Council who voted against the roll forward. We are referring to what Stephen M. R. Covey calls the “trust tax,” or the negative impact low trust has on an organization or person.

The Small Things

We have all probably heard different renditions of the same principle, but here’s a direct quote from the good book. Luke 16:10 reads:

“Whoever can be trusted with very little can also be trusted with much, and whoever is dishonest with very little will also be dishonest with much.”

This passage illustrates a very simple principle: You cannot trust someone with the big things if you cannot trust them with the small things.

Youngsville has suffered from what the Chinese referred to as lingchi, a form of torture in China that continued into the twentieth century. In it, a person is punished through repeated slicing of the flesh. This continued after death in some situations (beating a dead horse). The purpose is to deny the individual any chance of life after death.

It is not one single blow that is damaging Youngsville. It is several continuous small slices that are causing harm to our community. Those small mistakes (slices) are impacting the well-being of the body. And if we expect the body to heal, we must stop inflicting injury on it. Our elected officials must pay closer attention to details and stop making small mistakes.

Many have asked why an ice rink didn’t return to Youngsville. No clear official answer has been provided, but we can make a small deduction. Last year, we reported on how the City spent over $100K on that project, giving a large portion of the money to a private organization while charging taxpayers an admission fee for the “public good” their tax dollars were funding. Interestingly, this year, the City of Crowley had an event with an ice rink. That event was FREE to the public. And the cost… $25,000.

The Small Things or the Big Things, a Matter of Perspective

On December 12, 2024, the City of Youngsville convened the year’s final City Council meeting. This was the eighteenth meeting/hearing conducted by the body that year. Despite Council meetings and public hearings being a regular function of government, we have pointed out deficiencies in the process over and over again. This night would be no different.

Before the meeting, one City Councilman approached a Citizens for a New Louisiana member and asked if ‘they were there to cause trouble.’ The reply was, ‘Not unless you give me a reason too.’ The Councilman replied, ‘You never know what may get said.’ Or done, for that matter. His words were somewhat prophetic in that regard.

In addition to the Council recognizing Jesse Regan and Brach Myers as they announced their candidacy for State Senate, there was also some “special business” on the agenda. That item would again highlight the lack of attention to detail by City Officials and the City Attorney. Agenda item 2.1 provided the “City Attorney Wade Trahan to swear in Division D Council Member.”

Oath of Office

The Louisiana Constitution, Article X, Section 30 provides:

“Every official shall take the following oath or affirmation:  “I, .  .  ., do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this state and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as .  .  ., according to the best of my ability and understanding, so help me God.”

Louisiana provides the timeline in which a public official shall take his oath. Louisiana Revised Statute 42:141states:

“Each public officer, within thirty days after receipt of his commission or within thirty days after receipt of his commission certificate, whichever is later, shall take the oath of office prescribed by law, and give bond, when required, and file the same in the proper office in the manner required by law… An oath taken prior to the date shown on the commission shall be deemed to have been taken on and shall be effective on and after the date on which the term of office for which the oath is taken commences.”

So, Louisiana law allows a public official to take his Oath of Office early. We thought that’s what was occurring in Youngsville, but what happened next shocked us. After taking his oath of office, Nicholas Niland took a seat with the Mayor and Council, participating in deliberations and casting votes on matters that came before the Board. This seemed improper. But no one said a thing. In fact, the entire sequence of events, which started with City Attorney Wade Trahan swearing in Niland, unfolded before Trahan’s eyes. The very person who the City pays to prevent them from committing such mistakes.

Immediately following the meeting, we sent a series of public records requests to the Mayor to hone in on what appeared to be a blatant violation. We asked for records confirming that the election had been certified and that Mr. Niland had received his commission from the Governor. After all, the election occurred on December 7, 2024. It seemed highly improbable that the Secretary of State had certified the election, and a commission had been signed by the Governor and delivered in just five days. We were correct!

Council Member Improperly Seated

With this recent tsunami of interest in “election integrity,” most informed people know more about our election processes than in previous years. Very simply, elections must be certified by our Secretary of State. Louisiana Revised Statute 18:513 states:

“A. Within thirty days after the date on which a general election is scheduled to be held, the secretary of state shall certify the name of each candidate elected for a full term to the appropriate official in the following manner:

(5)  The name of a candidate elected to any other office, except governor or lieutenant governor, shall be certified to the governor, who shall issue a commission to the elected official on the date the term begins as provided by law or the home rule charter or plan of government.  If the date the term begins for an official of a municipality elected in accordance with R.S. 18:402(C) is not provided for, the term shall begin July first following the election.  If the date the term begins for any other elected official is not provided by law or home rule charter or plan of government, the governor shall issue a commission:

(d)  To an official elected at a special election to fill an unexpired term, within thirty days after the name of the official has been certified to the governor by the secretary of state.

1. If a candidate is elected at a special primary or general election for an unexpired term or if he is elected at such an election by the people without opposition, the secretary of state shall promptly certify the name of the candidate elected to the appropriate official named in Paragraphs (1) through (6) of Subsection A of this Section.

To simplify things one more time. The Secretary of State has thirty days to certify the name of each candidate elected. The Governor has thirty days to issue a commission. After these things occur, a public official may take their seat.

So, we contacted the Louisiana Secretary of State to determine the timeline. As it turned out, the election was not certified until December 13, 2024 (one day after Niland had been sworn in and allowed to assume his position on the Council), and the Governor had not issued his Commission until December 17, 2024.

We followed up in response to our public records request on December 18, 2024, when we received a copy of the Oath of Office for Niland. The City didn’t have any records responsive to our request related to the election certification or the commission being issued by the Governor. We cordially pointed out the timeline and were advised by the City Clerk that she agreed! City Clerk Nicole Guidry stated, “the minutes, resolutions and ordinances will acknowledge the recognized mistake, whereas Mr. Niland was not authorized to vote.” We applaud the City Clerk for taking appropriate actions following this, but there has to be more to it. Is it possible that a person can be allowed to assume office and participate in matters illegally, and the only ramification is to have his votes stricken?

Usurpers!

There is a term for people who assume power and offices to which they are not legally entitled. They are called usurpers. Regular readers may also recall this isn’t the first time Youngsville has had a usurper problem. Last time we told you about it, Youngsville city attorney Wade Trahan sent us a lawyer letter. Here’s Louisiana law to address this type of misconduct.

Louisiana Revised Statute 42:71 provides:

Any person who assumes or pretends to be a public officer without the authority of an election, or without the authority of a commission from the governor when a commission is required; or who has been duly addressed out of an office that he held, in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or who has been removed from such an office by impeachment or recall, is a usurper.

Any usurper who attempts to exercise the functions of a public officer or office, and who interferes with any public officer in the discharge of his duties; or refuses to vacate an office, after having been removed therefrom in the manner provided by Article IX, Section 3, of the Constitution of Louisiana, or by impeachment or recall, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.

Additionally, Louisiana Revised Statute 42:72 provides:

Any public officer who gives adhesion to, or in any manner recognizes the authority of any usurper as contemplated by R.S. 42:71, forfeits his office.

This is not just some minor oversight that can be corrected clerically in the record. These are serious infractions with penalties ranging from fines and jail time to forfeiture of office. But rest assured, nothing will be done. It is the same old song and dance. The rule of law only applies to some and not others. Louisiana remains a state with an accountability problem, followed by incompetence in its institutions at many levels.

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