Scot Byrd, who served seven years in Mayor Barney Arceneaux’s administration, has been vocal about the current state of affairs in the City of Gonzales. The former Chief Administrative Officer (CAO) predicted severe ramifications if the City Council has its way in the ongoing budget battle with Mayor Tim Riley. On Friday a Special Meeting of the Council was held, called by four members (those not named Eddie Williams), for the purpose of introducing their own General Fund budget proposal, omitting every appropriation except those for police and fire department funding.
It spurred the former CAO to write:
“I’m guessing they are shutting down the rest of the city? Once this is adopted, there is no 50% funding for the rest of the City, this becomes their general fund budget. There will be no funds allocated by “the governing authority” for anything else.
If they final vote this, IT WILL BE EPIC!!!! This will make national news! LOL”
Scot Byrd is not really amused by it all, or he had gotten over it by Saturday.
“Responsible elected officials can’t do something like this,” he said. “It would be insane.”
Byrd conceded that there were budget disagreements between his old boss’s administration on certain council members, “but we were always able to talk through those issues and arrive at an agreement.” That does not seem to be the case with Gonzales’ current crop of elected officials.
When three council members voted against Mayor Riley’s General Fund Budget on May 27, four days before the end of Gonzales’ fiscal year, half of the prior year budget automatically enacted pursuant to Louisiana Local Government Budget Act. Louisiana Revised Statute 39:1301 and following articles. R.S. 39:1312 reads, “If, at the end of any fiscal year, the appropriations necessary for the support of the political subdivision for the ensuing fiscal year have not been made, then fifty percent of the amounts appropriated in the appropriation ordinance or resolution for the last completed fiscal year shall be deemed reappropriated for the several objects and purposes specified in such appropriation ordinance or resolution.”
Mayor Riley, seemingly unconcerned, has insisted, “We will adopt the General Fund Budget in its entirety or not at all. If the Lawrason Act did not require me to preside over their special meeting I would not have bothered to attend. It was a waste of time, for what purpose…you’d have to ask the council members who called it.”
Riley cited the Budget Act, R.S. 39:1305(B) which reads, “(T)he chief executive or administrative officer of the political subdivision or, in the absence of such positions, the equivalent thereof shall prepare the proposed budget.”
“The legislative branch of local government has no authority to prepare or introduce a budget,” he said. “My administration will never be a part of any illegal action.”
Well, extralegal anyway. The council engaged in an ultra vires act, one that was beyond its legal power or authority. Thus, according to the administration, the council’s budget introduction “was void ab initio, or null and void from the moment it was created, as if it never existed.”
Riley assured that his administration has not, nor will it, take any steps in furtherance of the council’s introduction with a final vote on his General Fund Budget already scheduled for July 14. That is when the council can exercise it only authority in the budget process.
R.S.1305(F)(2) which reads, in pertinent part:
“The governing authority…may amend the proposed budget and attendant budget adoption instrument only to the extent that the amendments do not substantially change the proposed budget or the attendant budget adoption instrument.”
What amendments would be considered “substantially” changing the mayor’s proposed budget? That could be the ultimate question…and one that may be answered by a judge in the 23rd Judicial District Court for the Parish of Ascension.
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