Times change, Bossier illegal behavior doesn't
Blog: Between The Lines
A whole generation goes by, and nothing changes for
Bossier Parish apparently playing fast and loose with the law when it comes to
squeezing money from the citizenry.
The Bossier
Watch transmission of Apr. 16 contained a couple of minutes of commentary
and video of a sign reading "VOTE SATURDAY, APRIL 27, 2024 BOSSIER PARISH
LIBRARIES" planted near a roadway. The hosts recounted they had seen some
around, although the exact location of this one was unknown. On that date is
the spring municipal runoff elections in Louisiana, where a 7.43 mils property
tax renewal to fund Bossier Parish libraries reengaging in 2026 for 10 years is
the one item that will appear on ballots parish-wide.
What follows is a reprint of a post
I made at my Louisiana-centric blog site, Between the Lines, on Dec. 30, 2010
that reviewed events of four years previous. (Keep in mind nearly 18 years ago
that the Arthur Ray Teague Parkway stopped at the southern end of the
now-Brookshire Grocery Arena). It's amazing how little things (and people
involved) change:
As 2011 approaches and observing that Bossier
Parish seems to have no difficulty, even in trying economic times, in finding
money to service road construction, as well as reviewing the past year and
digesting the renewed enthusiasm that the people have acquired courtesy of
over-reaching national government to monitor the activities of government, it
makes me think back some years ago about an object lesson concerning how
government operates. The specific example is Bossier Parish's, and the apparent
whimsy of situation might amuse save for the unsettling consequences implied
had things turned out differently.
Perhaps somebody remembers in the days leading up
to the 2006 fall elections that a sign touting an affirmative vote for Bossier
Parish raising property taxes essentially threefold, at what was then the
southern end of the Arthur Ray Teague Parkway, was moved a short distance away
only a few days before that election. Blame me for the consternation.
I first noticed the sign on Sep. 21 and became
simultaneously curious and concerned. It didn't state who sponsored it, and it
was in a spot I thought might be part of the public right-of-way, and certainly
was on public property (Bossier City's). Obviously, it was an attempt to
encourage passage of the measure which should bring pause to anyone who
believes in fairness by government: Bossier City was permitting a pro-vote
sign, supporting a Bossier Parish measure which would enrich the parish coffers
by $2 million a year, to be placed on its property, regardless of whether its
citizens supported such a measure.
According to the Unified Development Code for both
the city and parish, this is permissible under certain circumstances. Article
9 Section 10 states: "Temporary signs containing no commercial message and
related to an election or other event or matter of public interest may be
erected in any zoning district of the city or parish but not within the public
right-of-way." Note, however, that the Code does not mention placement on
government property.
After a couple of phone calls I got hold of Parish
Engineer Joe "Butch" Ford, who said a private entity had put up the
sign (and a similar one elsewhere). At least no government was using taxpayer
dollars to try to influence its citizens voting behavior. Still, apparently it
was on city property and the right-of-way question he couldn't answer, so on I
called the Bossier City engineer to find out the answer to the latter.
He took time out of his busy day to relay to me
that the public right-of-way extended to the back side of the barricade
blocking the end of the pavement (about 25 feet from the roadway). However, the
sign was located on the front side of the barricade, meaning it was in the
public right-of-way and therefore illegally placed.
I then placed another call to the Metropolitan
Planning Commission (I had placed one the day before but, like the call to
Ford, had been close to the end of the workday and, unlike the one to him, was
not answered). The employee there said they would deal with the situation, once
I informed him of it. Since this was early Friday afternoon, I didn't know
whether anything would happen before the weekend.
Early the next Monday, now five days prior to the
election, I got a call from the Bossier MPC director Sam Marsiglia, who said it
was legal to have the sign there because "it's a public sign." He alleged that
a government had put it there, and that was legal. I informed him that the
parish engineer had said otherwise and tried to explain that wouldn't look very
good if a government was using taxpayer dollars to sway their votes so a
government wouldn't do that, but he was insistent and said I should call Parish
Administrator Bill Altimus about the matter.
I had duties to attend to so it was about 20
minutes later that I dialed Altimus. He cheerfully informed me the sign would
be moved. As soon as I hung up, Marsiglia called, saying it would be moved to
the Reeves Marine property (adjacent east of the barricades) and to check back
with him if it wasn't done. (It would have been out of the right-of-way simply
by moving it behind the barricades but would have remained on city property.)
This, I might add, is simply wonderfully
neighborly behavior by the city and parish and Reeves Marine. Silly me, I
thought whenever illegal campaign signs were discovered they either were
destroyed or confiscated to a location where their owners could liberate them.
Instead, not only were the interests behind the sign being allowed to move it,
within only minutes of being informed of that necessity Reeves Marine
graciously volunteered to host the sign. What a friendly place! Future
candidates for office, now you know, if you place a sign on Bossier City
property and/or illegally, it won't be destroyed or removed, they'll let you
move it, maybe even to Reeves Marine. (If you ask nicely, maybe they'll even
move it for you!)
(Note: in a subsequent communication, even Bossier
City elected officials seemed confused over the incident. At my request, city
councilman Scott Irwin wrote to Mayor Lo Walker, whose office's reply did not
even discuss the legal issue and did not address the propriety of an
electioneering sign on city property, adding "With your concurrence I will
consider this ITEM CLOSED." Maybe not; maybe this issue of propriety is
something that ought to be addressed by the city.)
Regardless of the sign's position (or of any
others; there were several other similar ones touting the bond issue around the
parish), the proposition narrowly failed. It took one concerned citizen to make
the system work properly regarding the sign. Sep. 30, 2006, it took a majority
of concerned citizens voting to make the Bossier Parish Police Jury see the
truth that it didn't need to raise taxes to make sure the parkway was extended
expeditiously and, even with deteriorated economic conditions, then to proceed
to fulfill the other projects that had argued could be completed only with the
increased taxation.
And confirmation of this came earlier this month,
when the extension to the Parkway opened (through where the sign originally had
been) without the extra tax dollars having gone into its construction. Lesson:
watch government very closely lest it take what it does not need nor deserve
from the people.
And now to 2024 … the sign displayed on Bossier
Watch seemed awfully close to the road, meaning it's in the right-of-way, and
the Bossier UDC hasn't changed since making that placement illegal. Thus, it would
be incumbent on either the parish or whatever municipality may have such signs to
remove these.
And where are they coming from? Campaign
finance disclosure law would mandate that any political committee spending
money on electioneering at this date close to the election would had to have
filed a report about the expenditure for signs. None has, meaning either some
PAC somewhere illegally hasn't reported this or no registered PAC has done it.
That leads to a loophole in the law (R.S. 18:1501.1): any person who spends in
opposition or support of a candidate or ballot item must report that – unless
the aggregate contributions and expenses involved don't exceed $500. It is possible
that, if there are few enough of these signs, that their cost didn't exceed
that figure, and that someone or a few people got together and did that.
So, the public never may know who is doing this, and
what their potential relationship is to Bossier Parish's government and libraries.
In fact, it may be quite close, given the wording of the sign which ambiguously
doesn't advocate for or against the ballot item. It merely exhorts the viewer
to vote on that day and slips in "BOSSIER PARISH LIBRARIES." By doing this, if
discovered government employees actually were involved, the parish could claim
it wasn't electioneering but merely informing the public there was an election
on Saturday, Apr. 27.
Of course, the signs' presentation implies something
critical about libraries will appear on the ballot and, further, people should vote
in whatever manner available to support libraries. After all, who is against libraries?
If anybody in Bossier Parish government knows
about this, they need to go public. At the very least, parish government must remove
any such signs on public rights-of-way; tolerance of this denotes acceptance
not only of illegal behavior but also endorsement of a political preference.
And state lawmakers would do well to clarify statute to make it expressly
illegal for any government to spend any dollars to electioneer, even if in a
manner that doesn't explicitly advocate for or against something on the ballot.
Because when it comes to gorging themselves on taxpayer dollars, government
will try any dodge available to keep other peoples' money rolling in.