Planning Chairman Nicholas Miller (file photo)
Nicholas Miller, whose tenure on Ascension’s Planning & Zoning Commission stretches back to 2022, was elected to Planning’s Chair in a confused (and confusing) meeting of the body on April 8. Elevated to the chair by acclimation, his election did not quite jibe with brand new commission bylaws adopted only moments earlier. The bylaw change approved language proposed by Commissioner Max Nassar:
“To be elected, you need a minimum of five votes…period; two-thirds of the full (seven-member) commission.”
On February 11, the commission’s longest serving member was reelected to Planning’s chair when Wade Schexnaydre bested Nicholas Miller by a 4-3 vote. Nassar was retained as Vice Chair by the same margin.
The Schexnaydre/Nassar ticket achieved a majority when they were joined by Commissioners Mark Villa and Randy Clouatre, Jr.) Miller came up short after being nominated for both Chair and Vice Chair (Commissioners Erik Jones and Michelle Unitas voted for him). Clouatre would resign his seat and be replaced by Jeffery Nolan via Parish Council appointment in March (Nolan was absent from the April 8 meeting).
The February 11 vote to elect Schexnaydre and Nassar would be nixed after Commissioner Miller challenged its validity due to a violation of bylaws. Soon to be ousted Chairman Wade Schexnaydre explained that “a majority of two-thirds of the commission (is required to elect officers). There are multiple interpretations.” Legal Counsel urged the commission to clarify “the language in the bylaws (which is) ambiguous.”
Commissioner Mark Villa moved to institute a “simple majority” of four votes to elect the Chair and Vice Chair. It failed for lack of a second and his colleagues had to consider amending the language:
“The chair and vice-chairpersons shall be elected by a majority vote of at least two-thirds of the commission at the first regular meeting in January of each year or as soon thereafter as feasible. Two-thirds of the commission must be present to elect the chair and vice-chairpersons. The chair and vice-chairpersons can be removed from office at any time during their term by two-thirds vote of the full commission.”
Commissioner Unitas interpreted the verbiage to require two-thirds vote of the entire body (7 members), amounting to five votes to elect officers.
Commissioner Nassar thought the language required two-thirds vote of the commission members present, with an additional requirement that at least two-thirds of the body is actually in attendance (establishing that a quorum be five members as opposed to the simple majority of four for a quorum in other Planning Commission business). Nassar proposed:
“A majority vote of at least two-thirds of the Commission…two-thirds must be present.”
Did that mean that three votes could elect officers if a five-member quorum exists? Chairman Schexnaydre, two votes away from losing the gavel, suggested a path forward “to decide, very easily, how to move forward.” He offered a two-pronged approach:
“A. A majority with two-thirds present.
B. A majority of two-thirds, which is basically five with seven members present. And then five with six members present and five with five members present.”
Huh?
“We’ll do a vote on here. Item A is ‘yes,’ Item B is ‘no.’ Or we can do a roll call vote.”
What?
Soon to be reelected (sorta’) to the vice chair, Commissioner Nassar simplified things with a motion; “To be elected you need a minimum of five votes, two-thirds of the full commission.” It passed by a 5-1 vote, and the operative bylaw was amended.
Nominations for Chairman were opened, and Nicholas Miller’s was the only name forwarded.
“Commissioner Miller now will be elected chair as the Planning Commission,” outgoing Chairman Schexnaydre declared. “Commissioner Miller, your turn.”
But is it?
An election by acclimation refers to an uncontested election wherein no votes are actually cast. Does that comport with the newly established bylaw:
“To be elected you need a minimum of five votes, two-thirds of the full commission.”
The same process “reelected” Max Nassar as the Planning Commission’s vice chair.
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