Ordinance would prohibit communication between Planning Commission and developers

District 7 Councilman Brian Hillensbeck

On Thursday’s Ascension Parish Council meeting agenda, three councilmen have sponsored introduction of an ordinance to prohibit Planning Commissioners from meeting privately with developers prior to consideration of new subdivisions.  Unsurprisingly, District 7 (Prairieville) Councilman Brian Hillensbeck and District 5 (it will always be Galvez to us) Councilman Todd Varnado pushed to ordinance since they opposed a recent subdivision plat on those grounds.  They are joined by District 2 (Gonzales/Brittany/St. Amant) Councilman Joel Robert.

“The ordinance is about ensuring fairness and transparency,” asserted sponsor, Councilman Brian Hillensbeck.  “When the Planning Commission makes decisions, it must act impartially and on the public record.  Private communications with applicants undermine that process and public trust.  This simple sets rules to protect the integrity of those elections.”

In much of Ascension Parish the public perception has long been that Planning Commissioners tilt in favor of the development community, oftentimes in accusations of impropriety and worse against the commission.  A decade ago, the perception had some merit as half of the commission (give or take since the panel includes an odd number of members) openly admitted their pro-development proclivities.  A longstanding practice, individual commissioners engaging with developers prior to consideration of subdivision preliminary plats went a long way toward substantiation of the claims.

The data does not support the supposition.  A single subdivision plat has been approved by the Planning Commission since Delaune Estates on July 14, 2021, and that one (2023’s 36-lot Moss Side Villas) is unlikely to be built given the prohibitive cost to mitigate traffic impact render it unfeasible.  No matter, the public perception persists and it seems to be shared by multiple members of the current Parish Council.

During the March 11 Planning Commission meeting, Hillensbeck took to the public speakers’ podium to make many of the same points against the commission’s longest serving member.  Commissioner Wade Schexnaydre engaged the District 7 council rep, arguing the merits of engagement with Dantin Bruce Development, LLC prior to considering its preliminary plat for 115-lot Harvest Fields subdivision.  A disdainful Hillensbeck was having none of it, and Wade Schexnaydre would abstain from the unanimous vote to deny Harvest Fields

The sentiment carried over to the Council Personnel Committee that would rank Schexnaydre fifth out of five appointments to the 2026 Planning Commission.

Five individuals appointed to Ascension Planning & Zoning Commission | Pelican Post – Online Newspaper

If ultimately codified, abstention would become the law along with other repercussions for commissioners who engage with developers outside of deliberation during the meeting.

Thursday’s agenda item:

Introduction of Ordinance – to prohibit ex parte communications by members of the Planning and Zoning Commission; to require disclosure and recusal; to provide for enforcement and removal and to provide for related matters Councilman Brian Hillensbeck, Councilman Todd Varnado and Councilman Joel Robert)

The text:

  • Ascension Parish Planning and Zoning Commission conducts public hearings and makes recommendations and decisions affecting property rights, zoning, and land use; and
  • Such proceedings are quasi-judicial in nature and require impartiality, fairness, and due process protections; and
  • Private communications between commissioners and applicants or interested parties outside publicly noticed meetings undermine public confidence;

THEREFORE, the Ascension Parish Council hereby adopts standards governing communications by Planning and Zoning Commission members to ensure fairness, transparency, and integrity in land use decision-making.

DEFINITIONS

Ex Parte Communication means any direct or indirect communication, whether oral, written, electronic, or through intermediaries, between a Planning and Zoning Commission member and any
applicant, developer, engineer, consultant, attorney, property owner, or interested party concerning the merits, facts, or circumstances of:
1. A pending application; or
2. A reasonably foreseeable application.

PROHIBITION

No member of the Ascension Parish Planning and Zoning Commission shall engage in ex parte communication regarding any pending or reasonably foreseeable land use application outside a publicly noticed meeting.

RECUSAL REQUIREMENT

A commissioner shall be recused from participation, deliberation, and voting when there has been ex parte communication involving an item on the agenda.

ENFORCEMENT AND SANCTIONS

Violation of this ordinance shall constitute grounds for disciplinary action, including:
• Formal censure by the Parish Council
• Referral to the Louisiana Board of Ethics
• Disqualification from participation in the affected matter
• Recommendation of removal from office

REMOVAL AUTHORITY

The Parish Council may remove a Planning and Zoning Commission member for violation of this ordinance by a majority vote of the Council pursuant to its appointing authority under the Parish Charter and applicable law

 

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