P&Z nominee set for vote Thursday faces long odds

Majority questioned choice, process

Council rules dictate voting on applicants until one gets majority

Possible Open Meetings Law violation

MANDEVILLE — The man nominated to fill a vacancy on the Planning & Zoning Commission faces a tough vote Thursday, as suggested by comments from council members at the last meeting.

The October 24th City Council meeting descended into a shouting match at times amid debate and questions over the selection of a nominee to fill an open P&Z seat.

The nominating committee of Councilman at Large Scott Discon and District I Councilwoman Cynthia Strong-Thompson announced Shawn Potter, also from District I, as their choice to fill the seat left empty when Mike Pierce resigned.

Councilman at Large Jason Zuckerman, District III Councilwoman Jill McGuire, and District II Councilman Kevin Vogeltanz voiced their opposition to the nominee.

Discon and Strong-Thompson defended their choice being from District I, explaining that one of the primary reasons they selected Potter was that District I is significantly larger than the other two districts. To illustrate their point, they presented a map on the Council Chamber monitors.

However, each of the three districts has roughly the same population, as is required by the City Home Rule Charter.

And although the charter doesn’t have a requirement for proportional P&Z representation among Mandeville’s equally populated three districts, currently, five of the seven P&Z members live in District III, while one lives in Strong-Thompson’s District I. District II has no representation.

The Potter vote is on the agenda for Thursday’s City Council meeting. Appointment to the P&Z requires a simple majority vote.

Resolution 24-60 created new rules for appointing P&Z members as well as a nominating committee of two council members, who are to be chosen by the council chairman, which is currently Discon.

Discon appointed himself and Strong-Thompson to the nominating committee.

The pool of applicants are: Potter from District I, Judge Pat Rosenow from District II, and Ernest Burguières from District III.

At the October 24th meeting, where Discon and Strong-Thompson nominated Potter, Discon cautioned that if the Potter vote were unsuccessful, the committee would face challenges in selecting a second choice:

“Now, what if the first person does not get in? Do we go back and choose a second? I think that’s what we just said. What if there’s a disagreement between the two (Discon and Strong-Thompson), the council at large and the council district committee over who goes next?”

City Attorney Elizabeth Sconzert said, “When the original resolution was drafted, there was a consensus … that at some point you guys would have to be able to agree…”

“OK, so if we can’t agree, what happens then?” asked Discon.

“The resolution doesn’t say,” Sconzert replied.

However, Vogeltanz, who is an attorney, reminded the other two attorneys — Sconzert and Discon — that “shall” is legal verbiage and they don’t have a choice but to make a second nomination if the first fails, and then a third if the second fails.

Resolution 24-60 establishes 10 rules in all, beginning with advertising for applications and ending with the council voting to appoint a nominee.

Discon signaled that rule 10 could pose a problem for him and Strong-Thompson if the Potter vote fails Thursday.

Excerpt from Resolution 24-60. (Mandeville Daily)
Excerpt from Resolution 24-60. (Mandeville Daily)

If the committee’s first nomination fails, rule 10 states the committee “shall” make another nomination from the remaining applicants.

By putting the word “shall” into their rules, this council, according to Vogeltanz, has tied its hands and must go through the list of applicants until there is a successful appointment or the list is exhausted. Only then, according to Resolution 24-60, does the process start over.

To further complicate matters, the committee of Discon and Strong-Thompson may have violated the state’s Open Meetings Law when they met to discuss the Potter nomination because they did not open the meeting to the public.

According to Louisiana’s Open Meetings Law (La. R.S. 42:13), all committees and subcommittees created by public bodies are also considered public bodies and, hence, subject to the Open Meetings Law as well.

Excerpt from La. R.S. 42. (Mandeville Daily)
Excerpt from La. R.S. 42. (Mandeville Daily)
Louisiana Attorneys General opinions relating to the state Open Meetings Law. (Mandeville Daily)
Louisiana Attorneys General opinions relating to the state Open Meetings Law. (Mandeville Daily)

According to Discon’s on-the-record comments at the October 24th meeting, he and Strong-Thompson met at least once to deliberate their P&Z nomination:

“So, um, without further ado then I guess we’ll do the nomination of the candidate for the Mandeville Planning & Zoning Commission. And, um, Cynthia, uh, Councilwoman Strong and I, Cynthia Strong and I, uh, sat today, this afternoon, and we, uh, conferred and we would like to nominate, um, Shawn Potter for as the nomination for, uh, Planning & Zoning,” Discon told the council at the October 24th regular meeting (1:30:46).

Mandeville Daily could find no record of a meeting by the nominating committee scheduled for that date, nor any other date advertised or posted in accordance with the state’s Open Meetings Law.

It is unclear if this will have an effect on the process at the next meeting.

The Potter vote is set for Thursday, November 21st, at 6 p.m. in the City Council Chambers at Mandeville City Hall.

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OPINION | Council meetings embarrassing under Discon leadership

Robert’s rules, decorum ignored, misused

Elected council members silenced, intimidated

‘Point of Order’ used to gag opposition

Editorial

Former Councilman at Large Rick Danielson may not have always been right, especially regarding Sucette Harbor, but as presiding officer, he upheld basic decorum at City Council meetings. He never silenced a dissenting voice or allowed intimidation among council members — not even inadvertently.

Danielson had a gift for noticing when someone signaled to speak, no matter how subtly, a trait that Councilman at Large Jason Zuckerman adopted during his tenure as well. Both men, in the alternating role as council chairman, gave every council member the chance to speak on each agenda item until all perspectives were either resolved or at least aired.

I don’t recall any meetings under their leadership where council members resorted to yelling, fist-pounding, aggressive pointing, or calling baseless points of order simply because they disagreed. Unfortunately, these behaviors have become all too familiar since Councilman at Large Scott Discon took over as chairman a few months ago.

At the October 24th meeting, the contentious issue of Planning & Zoning (P&Z) appointments was on the agenda. District III Councilwoman Jill McGuire was given the floor after Discon explained his decision to appoint District I Councilwoman Cynthia Strong-Thompson to a “small committee” responsible for making a P&Z nomination.

McGuire’s comments were among the most thoughtful I’ve heard in the Council Chambers — until she was abruptly interrupted by Strong-Thompson, who claimed to be “offended” by what she was hearing.

Here’s an excerpt from the October 28th meeting video:

McGuire: “… (1:52:07) and it’s sad and depressing that the District II (council) member (Kevin Vogeltanz) reached out and said, ‘Hey, I wanna be on this committee, I want to be involved in this,” and they weren’t given… (interrupted).”

Strong-Thompson: “(1:52:17) I think I want to do a point of order. You’re challenging who was nominated — uh — asked to discuss this. That needs to stop.”

Discon: “(to Strong-Thompson) (1:52:23) I got it, I got it… (turning to McGuire) Yeah, this is not a debate.”

Strong-Thompson: “Yeah, this is not a debate of how this was chosen. … (1:52:53) I am OFFENDED! (shouting) Absolutely OFFENDED that you are challenging how the representation is going on.”

McGuire sat frozen with mouth agape, her hands raised in disbelief, effectively silenced by Discon’s intervention. Meanwhile, Strong-Thompson shouted, pounded the desk, and pointed emphatically, a scene underscoring the deterioration of civility in recent council meetings.

District III Councilwoman Jill McGuire sits stunned and frozen after being interrupted by District I Councilwoman Cynthia Strong-Thompson and silenced by Councilman at Large Scott Discon at the October 24th City Council Meeting (Mandeville Daily).
District III Councilwoman Jill McGuire sits stunned and frozen after being interrupted by District I Councilwoman Cynthia Strong-Thompson and silenced by Councilman at Large Scott Discon at the October 24th City Council Meeting (Mandeville Daily).

Though Zuckerman and District II Councilman Kevin Vogeltanz attempted to support McGuire, they were forced to wait as Discon reprimanded her.

Outraged viewers have described Strong-Thompson’s actions as an attempt at physical intimidation — a larger, louder member silencing her smaller, more composed colleague, with Discon’s authority reinforcing the dynamic.

If you didn’t attend the last meeting or haven’t heard about it yet, you might want to catch up here first.

Discon and Strong-Thompson crossed the line by disregarding both parliamentary procedure and decorum. Under Robert’s Rules of Order, the presiding officer should facilitate fair discussion, not muzzle dissent. McGuire’s comments were directly relevant to the P&Z nomination discussion, which makes Strong-Thompson’s point of order followed by Discon’s intervention inappropriate.

McGuire had done nothing wrong. The council chairman is supposed to protect everyone’s rights, not aid in trampling them.

A few points on parliamentary procedure make this clear:

Relevance/Germaneness (Freedom of Debate): McGuire’s remarks were pertinent to the main motion regarding the P&Z nomination. Discon had already shared his reasoning for Strong-Thompson’s appointment to the committee, making McGuire’s dissent relevant to the topic.

Rules of Decorum: McGuire violated no decorum rules. Strong-Thompson’s interruptions, on the other hand, broke several.

Point of Order: Strong-Thompson’s points of order were baseless. She failed to cite any rule McGuire was allegedly violating, instead expressing personal discomfort with McGuire’s criticism.

Time Limits: No time limit exists for council members, though citizens must keep comments to three minutes.

Summary of Robert’s Rules of Order. (MandevilleDaily)
Summary of Robert’s Rules of Order. (MandevilleDaily)

Instead of backing Strong-Thompson, Discon should have ruled: “The councilwoman from District I is out of order. The councilwoman from District III has broken no rule. Her comments are germane to the agenda item. Ms. Strong-Thompson, you will have every opportunity to respond to Ms. McGuire’s comments. Ms. McGuire, would you kindly wrap it up so that everyone has a chance to respond. Thank you.”

Instead, Discon’s body language and dismissive responses further suggest he views council discussions as a courtesy he grants, not as the free exchange of ideas that council meetings should be.

Discon allows allies to exceed the three-minute rule during public comment periods, as seen in the October 10th meeting, when Zuckerman had called a point of order that was not recognized by Discon.

During the September 26th meeting when property tax renewals were before the council, Strong-Thompson called another junk point of order, this time, to shut Zuckerman down — with Discon’s help — while he was comparing and contrasting property tax rates with sales tax rates, making a parallel about the need to cut them or not. Perfectly germane and relevant to the discussion before the Council. And… Zuckerman had the floor.

Nevertheless, Strong-Thompson interrupted him, “Can I just say a point of order? Can we just discuss the ordinance at hand and not go off into left field?.” This was immediately followed by Discon, and then Strong-Thompson again, basically telling him he’s not allowed to make an argument they disagree with.

“That’s called hostage holding … I don’t like that kind of game plan,” Discon said, with Strong-Thompson chiming in, as if she were co-council-chairman, “You keep going off into left field on this, that and the other…”

Zuckerman retaliated, “I feel like I’m being bullied up here … This is not fair. I am allowed to make … an analogy if I wanna make an analogy … If y’all don’t agree with my points I’m making, don’t agree with them, but don’t shut me down … Disagree, but I don’t appreciate not being allowed to speak.”

Discon and Strong-Thompson have repeatedly stepped over the line by breaching decorum, violating parliamentary procedure, and intimidating fellow council members into silence.

This has led to parliamentary chaos at meetings.

Discon nor Strong-Thompson understands what a point of order is for. It’s strictly reserved for when a rule has been broken. No rule was broken by Zuckerman September 26th. No rule was broken by McGuire October 24th. But on October 10th, a rule actually was broken but Discon didn’t seem to have a problem, presumably, because it was a political ally doing it.

Strong-Thompson needs to learn to wait her turn and not step on, bully or shut down her fellow council members.

The Mandeville City Council is a legislative body — quite literally — so council meetings are the place they should air their disagreements on matters before the City. A point of order is not carte blanche to silence opposition.

With the way Danielson and Zuckerman facilitated meetings before August 2024, council members never felt the need to yell or interrupt each other. They simply waited their turns to speak, no matter how much they disliked what they were hearing.

To restore order and professionalism, Discon should apologize to McGuire, Zuckerman and their constituents at the next meeting, acknowledging the deprivation of fair representation on a critical issue. Strong-Thompson should do the same and promise to restrain herself.

Both should take the time to familiarize themselves with the true purpose of a point of order under Robert’s Rules of Order as well as what it means to respect the rights of your fellow elected members, even the ones you disagree with.

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Council bitterly debates P&Z pick

Order takes backseat to shouting over nominee, procedure

Council members question selection process, chastised by chairman, other member

Vote on P&Z appointment expected Nov. 21

Each applicant gets vote until one gets majority

Updated 10/29/2024: Expands coverage of history of selections to P&Z and editor’s notes for context. Corrects number of P&Z members living in District III.

MANDEVILLE — The City Council meeting Thursday (October 24th) descended into a shouting match at times amid debate and questions over the selection of a nominee to fill an open Planning & Zoning Commission seat.

District I Councilwoman Cynthia Strong-Thompson called two points of order against other council members who during debate were critical of her reasoning or the selection process itself.

The P&Z seat in question was vacated by Mike Pierce, who unexpectedly resigned earlier this year.

Pierce was one of three “no” votes on the seven-person commission during the controversial Sucette Harbor application process of 2023.

Sucette Harbor, which was to be built in District II, was rejected by the City Council September 5th, 2023, resulting in the City and Councilman at Large Jason Zuckerman each being sued by the developer, Woodward Interests. Those lawsuits are still pending in federal court.

The P&Z selection process has long been contentious and often criticized by the public as well as council members both past and present.

Over the last few decades, each new council has adopted new procedures, ranging from using score cards, to having the council chairman make a nomination which would be voted on by the full council, to the process that was adopted last month, which directs the council chairman to form a “small committee” comprised of one at-large member plus one district member.

This small committee is directed to return a nomination from among those individuals who apply for the open seat during an advertised application period. The full council must vote by simple majority on the small committee’s nominee in order for that individual to fill the vacancy.

According to the latest procedure — adopted in September via Resolution 24-60 — if the first nominee doesn’t receive a majority, the small committee “shall” make a different nomination from the remaining applicants. The process repeats until one of the applicants receives a majority vote. If none do, the application process starts all over.

Excerpt from Resolution 24-60. (Mandeville Daily)
Excerpt from Resolution 24-60. (Mandeville Daily)

Applications were received from the following: Shawn Potter from District I, Judge Pat Rosenow from District II, and Ernest Burguières from District III.

Currently, five of the seven P&Z members live in District III, while one lives in Strong-Thompson’s District I. District II has no representation.

Council Chairman and Councilman at Large Scott Discon chose himself plus Strong-Thompson for the small committee, after initially asking District III Councilwoman Jill McGuire, who turned down the appointment, instead recommending that Discon choose District II Councilman Kevin Vogeltanz.

Discon started Thursday’s discussion by announcing that he and Strong-Thompson are nominating Potter from District I, and he then presented a map of Mandeville’s three districts with indicators showing where each of the current P&Z members live plus the three applicants.

Councilman at Large Scott Discon presented a map that he claims shows District I is underrepresented by geographical area on the Planning & Zoning Commission. (Mandeville Daily)
Councilman at Large Scott Discon presented a map that he claims shows District I is underrepresented by geographical area on the Planning & Zoning Commission. (Mandeville Daily)

This quickly drew comments from other council members, including Councilman at Large Jason Zuckerman, who said, “For some reason I just feel that if we already had a District II person (P&Z member) and we were putting another District II person on — and there was nobody from District I (on the P&Z), we wouldn’t be having the same conversation, so I’m just asking how was this really arrived at and why did we not include the District II councilman (Vogeltanz).

Discon countered by pointing out the large geographical area of District I, saying that such a large area needed more representation.

“If you look at the map… A substantial amount of land that you only have one person representing (District I), and he’s in Fontainebleu (neighborhood),” he said.

But while the land area of District I is significantly larger than the other districts, the population — by law — is roughly the same, according to the City of Mandeville Home Rule Charter, §2.01(E). The population of each of the three districts is about 4,000 which means District II is definitively less represented than District I.

(Click here to view the official district map for the City of Mandeville.)

Zuckerman and McGuire both continued making this argument for the remainder of council debate.

It was Zuckerman and former District II Councilman Dr. Skelly Kreller who nominated Nicholas Cressy who filled a vacated seat on the P&Z last year. Zuckerman said he had pushed for Rosenow from District II for that seat as well, but Kreller wanted Cressy from District III instead.


Editor’s Note: Kreller was ousted from the District II council seat, 58% to 42%, by Vogeltanz in the March 2024 primary election.


McGuire said she declined the appointment from Discon because she was sensitive to the long-held criticism that District III was over-represented on the P&Z.

McGuire voiced her own concerns with the Potter pick, recounting the recent history as to how the City ended up with such an imbalance of representation on the P&Z, and how the Sucette Harbor and Port Marigny properties are both in District II.

“What I’d really love is to hear from the District II constituents about how they feel about this. How do they feel about the fact that no one is on the Planning and Zoning Commission (from District II),” McGuire said.

This led to the first of Strong-Thompson’s points of order: “Point of order. You’re challenging who was nominated — uh — asked to discuss this. That needs to stop.”

Discon immediately agreed, in effect shutting down McGuire: “Yeah, this is not a debate.” Discon defended selecting Strong-Thompson over Vogeltanz.

Strong-Thompson continued, “This is not a debate of how this was chosen. I am offended! (shouting) Absolutely offended that you are challenging how the representation is going on.”

This prompted Zuckerman to protest, insisting that elected council members can make whatever arguments they want for or against agenda items that come before them, as they are a legislative body.


Ms. McGuire was making a point and she absolutely has the right to question everything anybody does on this council and I think you’re out of order.
— Councilman at Large Jason Zuckerman


“Ms. McGuire has earned the right to voice her opinion up here. You may not like it. I’ve been on the council. I’ve served a previous term. And I’ve had other council members speaking things I flat out didn’t agree with, but I never yelled at them and I’ve never told them they don’t have the right to do it. Ms. McGuire was making a point and she absolutely has the right to question everything anybody does on this council and I think you’re out of order,” he said.

Vogeltanz spoke next, also complaining that District II was underrepresented, and lamenting the qualifications of applicant Rosenow.

Vogeltanz, Discon and Strong-Thompson got into a dustup, culminating in Vogeltanz raising his voice and Strong-Thompson calling a second point of order, asserting that Vogeltanz shouldn’t be discussing Rosenow (from District II) because she and Discon had picked Potter (from District I).

After agreeing to tone down his rhetoric, Vogeltanz wrapped up his remarks by telling Discon, “I don’t know how you can show your face in District II knowing that you cut them out of planning and zoning.”

This drew a sharp rebuke from Discon who said that as an at-large councilman he represents and sought support from the entire city during the March 2024 primary election, including District II.

“For you to make that kind of assumption, I think that’s kind of a low blow. I am the chairman of the council and I’m the councilman at large. I received the most votes of anyone that ran for office. I campaigned in all areas of the city and I was well-respected in all areas of the city. For you to say that was disrespectful,” he said.


Editor’s Note: Discon led the pack of candidates for Councilman at Large in the March 2024 primary election with 36% of the vote, while Zuckerman and Burguières had 33% and 31%, respectively. Discon received criticism for urging voters to select only one candidate instead of the two that voters are allowed to select. He circulated a mailer which read in part, “You can vote for two candidates for Council At-Large, but you don’t have to.”


According to Robert’s Rules of Order, a point of order is reserved for when a member believes that a specific rule is being violated and moving forward could cause irreparable legislative harm. The presiding officer is supposed to ask the calling member which rule they believe is being violated, and then render a decision of either “sustained” or “out of order” to the calling member. This procedure was not followed for either of Strong-Thompson’s points of order, nor was it followed at the prior October 10th meeting when Zuckerman called a point of order.

What’s more, under Robert’s Rules of Order, the majority on the council are supposed to have the right to override the presiding officer after he renders a decision on a point of order.

Summary of calling a point of order from Roberts Rules of Order (Mandeville Daily)
Summary of calling a point of order from Roberts Rules of Order (Mandeville Daily)

A vote on the P&Z replacement is expected at the next scheduled City Council meeting on November 21st.

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Council settles on simpler council rules, tabling bulky rules ordinance after groundswell of public resistance

Four-hour meeting despite council not diving into meaty rules ordinance item-by-item

Vogeltanz spearheads movement against, citing numerous issues

Zuckerman wanted to push forward, shape ordinance into something palatable

Ordinance would have authorized council chairman to silence repetitive comments, other speech-related concerns

MANDEVILLE — The City Council settled for a less-intrusive version of its council rules as opposed to a bulky five-page rules ordinance that was up for adoption at the July 11th meeting.

Competing sets of council rules legislation were on the lengthy agenda in the form of a resolution-ordinance duo sponsored by Councilman at Large Jason Zuckerman and a resolution-only version sponsored by incoming District II Councilman Kevin Vogeltanz.

Adopting council rules is typically taken up by each new City Council every four years. The City Charter specifies that these rules are to be adopted via resolution.

While introducing his rules ordinance, Zuckerman explained that City Attorney Elizabeth Sconzert recommended an ordinance for the rules governing behavior inside Council Chambers based on what other municipalities have done, explaining that the wording in the City’s Home Rule Charter using the word “resolution” wasn’t intended to be literal.

But as it turned out, Ordinance 24-18 was sent to Robert’s Rules purgatory when it was tabled 3-2 after almost an hour of often contentious debate.

Vogeltanz — who is a practicing attorney in the area — almost immediately made a motion to table the ordinance after it was introduced at the meeting, stating he was troubled by a number of its provisions, warning that to fix the proposal would have added at least three hours to the already long agenda.

Vogeltanz said he believes authors of the charter intended to give the City Council sole authority to set its own rules, with no interference from any other branch of city government, such as the Office of Mayor. He said setting the council rules via ordinance would give the Mayor veto authority, which would translate to influence over the tenor of the rules.

He said he believes this is the real reason the city charter specifies “resolution” instead of “ordinance.” The mayor cannot veto a resolution.

“The mayor’s office has no business vetoing or approving our internal operating rules. We’re the legislative branch… Why would we read the founding constitutional text of city government that says we should do our business in one way and then do it in a different way.” Vogeltanz said.

While Ordinance 24-18 would have addressed a number of recurring issues plaguing the Council in recent years, it went too far in other areas, especially pertaining to free speech, according to those who spoke against its passage July 11th.

Mandeville Daily published an editorial voicing its concerns with a number of the provisions of the proposed ordinance.

Particularly, three provisions of the ordinance would have given the council chairperson wide-ranging authority over those wishing to voice objections to an issue or proposal.

Those opposed felt the provisions violated the state’s Open Meetings Law, which grants all citizens the individual right to address public bodies at “open meetings” before each vote on an agenda item.

Under a section of Ordinance 24-18 addressing public comments, the council chairperson would have been granted the following powers:

“To avoid repetition, groups interested in an agenda item should elect a spokesman to represent the views of the group. In the event a spokesman is elected, the Council Chairman shall establish a reasonable time for that spokesman for public comment.

“To the extent that public comment is repetitive in nature, the Council Chairperson has the right to request that said comment be limited to statements not previously shared during the meeting.

“The Council Chairperson is expressly granted the authority to require any person wishing to address the Council to submit to the Council Clerk a completed and signed request to speak card. In the event that speaker cards are utilized, any request to speak card must be received prior to the conclusion of the agenda item designated for such public comment.”

Critics, who spoke with Mandeville Daily at the meeting, said these provisions — had they been law during the Sucette Harbor special meetings last year — would have reduced the flood of criticism against Sucette Harbor down to a mere trickle, which they warned could have led to easy passage. Ordinance 24-18 would give the council chairperson the sole authority to determine what constitutes “repetitive” comments.

Nine locals lined up to voice their opinions either in favor of tabling the motion or outright voting it down. None spoke in favor of the ordinance.

Among them were a number of anti-Sucette Harbor stalwarts, including former City Councilman Ernest Burguières, who ran unsuccessfully earlier this year for one of the two at-large seats.

“This ordinance is a threat to people. And it doesn’t need to be a threat. It’s ‘us v. them,’ it’s ‘you v. us.’ It doesn’t have to be that way,” Burguières insisted.

Zuckerman defended his ordinance, saying:

“We’re spending almost an hour arguing about whether or not to discuss the darned thing. It’s crazy. Let’s move on and discuss it. If we get into it and it’s too complicated, call the question, we can vote on the ordinance, vote the thing down if you want to vote it down. We can vote to delete 50 percent of it. We could have been done already with it.”

After the ordinance was tabled under Robert’s Rules of Order, the council moved through the remainder of its unusually lengthy agenda, finally tackling a rules resolution by Zuckerman, which would primarily cover agenda-related procedures, such as deadlines. Resolution 24-43 was adopted 5-0 after only minor modifications.

Next, Resolution 24-44, sponsored by Vogeltanz, which followed closer to the rules format that previous councils had adopted, was also approved 5-0 with only minor modifications.

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OPINION | Proposed council rules ordinance needs surgery before adoption

Council needs to strike 10 items else risk overreach by future council chairs

Sucette Harbor could have faced little public resistance under these rules

Editorial

A set of proposed rules to be considered by the City Council tonight (July 11th) contains a number of troubling items, especially for those who stood in opposition to Sucette Harbor last year.

It is the opinion of Mandeville Daily that had a number of these rules been in place during the series of special meetings on Sucette Harbor, it is entirely possible that the developers would have met very little public resistance, as some of these rules would have given the presiding officer the authority to consolidate opposition speakers — no matter how many there were — into a single voice with only three minutes to make their case. The presiding officer would have also had the authority to stop speakers who he or she deemed were being repetitive to comments already made.

With that said, there is nothing nefarious going on here. The City Council needs to address its rules situation in a serious way, and this rules ordinance is a big step in the right direction, despite its flaws that we will discuss here in detail.

Overall, Mandeville Daily’s objections have to do with the authority that would be granted the council chairperson and/or the presiding officer.

This ordinance seems to make no distinction between the council chairperson — a position established by the City Charter — and the presiding officer over meetings, which is a function of Robert’s Rules of Order.

In the City Charter, one of the duties delegated to the council chairperson is that of the presiding officer over meetings, but it is only one of myriad duties that belong to the council chairperson.

Here are the items we take issue with — labeled A-J — superimposed on Ordinance 24-18:

  • A. (Section 2-11: 1.a.iv) This is a violation of Robert’s Rules of Order (RRO). RRO has a clear procedure for handling points of order and this council has no business overriding that. But this ordinance would give the council chairman unilateral authority on points of order, even if he or she was not acting as the presiding officer at the time. This would hand too much power to the council chairperson. This ordinance makes no distinction between the council chairperson and the presiding officer. This is a function of the presiding officer, not the council chairperson. Additionally, this entire sub-section 2-11, 1.a, allows for a situation where the council chairman and the presiding officer are two different individuals, just like during Sucette Harbor where the elected council chairman, Jason Zuckerman, had delegated the duties of presiding officer to Rick Danielson. This should be stricken. Suppose that had been the other way around during Sucette? Danielson could have used several of the rules in this ordinance to quell dissent.
  • B. (Section 2-11: 1.a.v) Same objection as item A.
  • C. (Section 2-11: 1.a.iv) Same objection as items A and B.
  • D. (Section 2-11: 1.a.viii) This is a duty or function of the RRO presiding officer — as well as items A-D — and not the council chairperson. According to this rule, during Sucette Harbor, it would have been Zuckerman’s responsibility “to recognize Members of the Council, the Mayor and other members of city government” during meetings even though Danielson was the presiding officer at the time. Makes no sense.
  • E. (Section 2-11: 1.a.ix) Redundant. This is a duty of the presiding officer and not the council chairperson.
  • F. (Section 2-11: 5.b) This is the real killer. Anti-First Amendment. Anti-Open Meetings Law. Anti-free speech. This gives the council chairman (not the presiding officer) the authority to compel all opposition on an issue to choose a single spokesman. This is very dangerous. If this rule had been in place during Sucette Harbor, the vast majority of those wishing to speak against the issue could have been silenced. The state Open Meetings Law protects individuals, not groups, per se. The law says that each individual has the right to observe these open meetings and to make comments directed at their elected representatives. If the council chairman is given the authority to compel a group of, say 100, to select only one person to speak on their behalf, that would violate the rights of the other 99 people. This City Council — we the people — do not have the right to take away the rights of others for the sake of expediency. That’s the bedrock of a constitutional republic, which is what we are. We are not a democracy, where a majority can vote to take the rights and property of a minority.
  • G. (Section 2-11: 5.c) Again, the council chairman could unilaterally silence anyone they may choose. He or she could make the judgement that a person speaking is repeating something that was already said and shut them up. But suppose they might make the point better or more effectively than the previous person? This is too much power in the hands of the council chairperson, and another violation of free speech and Open Meetings Law. And again, would he or she overrule the presiding officer, in case the council chairperson was not the presiding officer, like during Sucette?
  • H. (Section 2-11: 5.d) This gives the council chairman the authority to screen questions comments in advance. What information could the council chairman request in advance? We already use a sign-up list, but this item is vague and opens the door to requiring those wishing to speak to provide their question or comment in advance and hence could be screened.
  • I. (Section 2-12: 3) This won’t rest well with the anti-Sucette Harbor folks. Feels like a violation of free speech to say that you cannot hold a sign. Would a shirt with anti-Sucette Harbor sentiment be considered signage?
  • J. (Section 2-12: 6) While no one wants council members to be ambushed in the parking lot, the wording here is too vague. Are we saying that citizens are not allowed to try to persuade other citizens to support or stand in opposition to an issue?

But to reject this entire ordinance because of these 10 items would be a terrible waste. There are many other very good things found within the proposed ordinance.

The restructuring of the agenda format is badly needed and would bring Mandeville in line with other municipalities. Having a “Consent Agenda” would greatly expedite routine and perfunctory duties such as event licenses and other things.

Not allowing council members to text each other or people outside — or even inside — the meeting room is a good thing and would prevent the appearance of impropriety. Louisiana’s Open Meetings Law is very clear that all council business must be observable to the public.

Members of the public wanting to present a slide show would need to go through one of their council members and have such an item placed on the agenda in order to comply with state law. This is a good thing and in recent years has been a problem at times.

This ordinance also addresses the overall decorum and attempts to reign in disruptive behavior and language.

For the most part, this ordinance is a good thing… It just needs a little surgery before it can be adopted.

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New City Council to tackle rules, select new chairman

First meeting of new term saddled with busy agenda

MANDEVILLE — The City Council will kick off its 2024-2028 term tonight (July 11th) with a busy agenda, including considering a resolution and ordinance that would establish rules for council procedures and chambers decorum.

The council will also select a new council chairperson for the 2024-2025 fiscal year. The City Charter specifies that the council chairperson must be one of the two at-large members, to be voted on by the entire council.

Part of the proposed council procedures in Ordinance 24-18 would establish a vice-chairperson for the first time.

The entire meeting packet can be downloaded here.

The new council was sworn in at a ceremony in the Paul R. Spitzfaden Community Center on June 28th.

Tonight’s council meeting will be held at the Mandeville City Hall Council Chambers at 6 p.m.

The new council and mayor just after taking their oaths of office on June 28th, 2024. From left to right, District III Councilwoman Jill McGuire, Councilman at Large Jason Zuckerman, Mayor Clay Madden, District I Councilwoman Cynthia Strong-Thompson, Councilman at Large Scott Discon, and District II Councilman Kevin Vogeltanz. (Mandeville Daily)
The new council and mayor just after taking their oaths of office on June 28th, 2024. From left to right, District III Councilwoman Jill McGuire, Councilman at Large Jason Zuckerman, Mayor Clay Madden, District I Councilwoman Cynthia Strong-Thompson, Councilman at Large Scott Discon, and District II Councilman Kevin Vogeltanz. (Mandeville Daily)

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Attempt to replace funds exhibit in FY23-24 budget fails after causing stir

Zuckerman: ’rewriting history’

City Attorney disputes Danielson claim

MANDEVILLE — The City Council rejected a measure that would have amended the current operating budget adopted in July to strike certain historical fund balance information that critics of the proposal say provides context into the formulation of the annual budget.

Ordinance 24-07 — authored by Councilman at Large Rick Danielson, a recent budget critic of Mayor Clay Madden — would have amended Ordinance 23-27 to replace a pre-audit fund balance report, referred to as “Exhibit H,” with a post-audit version that contains the latest fund balance figures.

The pre-audit version of Exhibit H relied on best-data available at the time the budget was introduced and adopted, offering historical insight to the basis for the administration’s financial planning in 2023. The post-audit version contains the corrected balances based on the results of the annual February 2024 audit.

Councilman at Large Jason Zuckerman said, “I just don’t like going back and rewriting history… I wouldn’t be opposed to adding it as an update, but why take out what we considered when we adopted the budget… I think we ought to leave in there what we had at the time when we considered the budget.”

Danielson has been pushing for this kind of measure for several months now, including during the lead-up to the March 23 primary election.

District I Councilwoman Rebecca Bush asked, “Why do we have to change the budget?”

A testy exchange between Councilman at Large Rick Danielson and Councilman at Large Jason Zuckerman. (City of Mandeville livestream)
A testy exchange between Councilman at Large Rick Danielson and Councilman at Large Jason Zuckerman. (City of Mandeville livestream)

Zuckerman again chimed in, saying, “Why do we have to replace what we did nine months ago? Why don’t we just publish an update to it? I just don’t know why we need an ordinance for this.”

Danielson fired back, saying, “I can tell you why you need an ordinance, because it would be an adjustment to the budget.”

Danielson told the council that City Attorney Elizabeth Sconzert advised him that a budget adjustment would be required.

However, Sconzert quickly disputed Danielson’s assertion: “The question was, can we replace it and how would we do it. How would we replace Exhibit H. And the response was, you would have to amend the budget.”

After a few more rounds of back-and-forth and before calling for the vote, Zuckerman asked Finance Director Kathleen Sides to provide the updated, post-audit version of Exhibit H to the Finance section of the City website so that the public can view both versions.

Ordinance 24-07 was rejected 3-2, with Zuckerman, Bush and District III Councilwoman Jill McGuire voting against, and Danielson and District II Councilman Dr. Skelly Kreller voting in favor.

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UPDATE: Sky falls on chicken ordinance

Council votes down ordinance 5-0

Standing-room-only crowd crows loudly in opposition

Updated 4/15/2024 – Expands coverage and quotes from meeting.

MANDEVILLE — A chicken ordinance offered by a lame-duck councilman goes down in flames as an overflow audience in Council Chambers crowed loudly in opposition tonight (April 11th).

Councilman at Large Rick Danielson proposed a ban on roosters and limiting the number of chickens any single-family dwelling can keep to just six, along with other changes to city code relating to fowl and rabbits.

“Basically what this ordinance is proposing is, a limit on chickens and basically a ban on roosters. … Some people feel as if this started because of one person’s complaint or one person’s issue. It is not true. Let me make that very, very clear,” Danielson said.

He continued, “As a council, we can’t propose laws without a public discussion. So that proposal starts with an ordinance. So the ordinance was written as an effort to discuss this issue. And if it is an issue that needs to be addressed and discussed, I hope that we can then find a reasonable solution to the issue.”

Ordinance 24-06 would have also banned coops and cages from front yards as well as make it illegal to allow chickens to roam freely.

After over an hour of impassioned public comments — the overwhelming majority in opposition — and discussion among City Council members, Danielson made a motion to table the ordinance, saying he would like to bring it back, pending a review of the existing nuisance law.

“I never necessarily felt that this ordinance was the end-all, be-all perfect solution to anything. But like I talked about at the beginning, I felt it was worth having the discussion,” he said.

But District I Councilwoman Rebecca Bush indicated that the council shouldn’t table Ordinance 24-06: “My thought is, the reasons I’m against it are probably not going to change.”

Councilman at Large Jason Zuckerman added, “The banning of roosters and limiting of chickens is the wrong approach. I think it should be tackled from the nuisance (law) side.”

The motion to table failed 5-0, including Danielson voting against.

The council then opted to kill the ordinance 5-0, also including Danielson as a no vote.

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FLASH: ’Pride Northshore’ parade approved by council

MANDEVILLE — The City Council voted 5-0 to approve a special event permit for the “Pride Northshore” parade down Lakeshore Drive scheduled for June 1st.

Queer Northshore submitted a special events application to the City of Mandeville for the parade down Lakeshore Drive for Saturday, June 1st, according to a permit application.

District III Councilwoman Jill McGuire asked the organizers for a concession. First McGuire asked that the parade time be reduced from 4-7 p.m. to 4-6 p.m.

Organizer Mel Manuel agreed, saying the group had already realized the original time range was too long.

McGuire also raised other questions, including if the requested eight police officers were enough, among other issues.

Police Chief Todd Schliem addressed safety and crowd control questions before the final vote, telling the room that he was very confident the event would be safe.

Several dozen supporters of the event crowded Council Chambers and many spoke in favor of the event. Only a handful spoke against.

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Budget amendment would alter funds exhibit in FY23-24 budget

Post-audit funds balance report reveals net increase in total funds

MANDEVILLE — The City Council will consider amending the fiscal year 2023-2024 budget ordinance — unanimously adopted in July — to update fund balance figures.

Ordinance 24-07 — up for a vote at tonight’s regular City Council meeting — would add post-audit, updated fund balance figures, referred to as “Exhibit H,” to the previously adopted budget.

The proposed ordinance, authored by Councilman at Large Rick Danielson, a recent budget critic of Mayor Clay Madden, reads as though the pre-audit version of Exhibit H that was included as part of the 2023-2024 operating budget in Ordinance 23-27 will be replaced with an updated version.

Fiscal year 2023-2024 operating budget Ordinance 23-27, adopted in July 2023. (The City of Mandeville)
Fiscal year 2023-2024 operating budget Ordinance 23-27, adopted in July 2023. (The City of Mandeville)

The pre-audit version of Exhibit H relied on trends and best-data available at the time the budget was introduced and adopted, offering insight to the basis for the administration’s financial planning in 2023. The post-audit version contains the corrected balances based on the results of the annual February 2024 audit.

Comparison of original Exhibit H versus the post-audit Exhibit H included in proposed Ordinance 24-07. (Mandeville Daily and City of Mandeville)

The main takeaways from the pre-audit versus post-audit versions of Exhibit H are:

  • the overall total funds balance for all funds — both dedicated and non-dedicated — increased from $67.4 million to $68.2 million,
  • the dedicated funds balances collectively increased by approximately $6.7 million, and
  • the general fund — non-dedicated money — decreased by $5.9 million.

The city is still owed as much as $6.5 million in FEMA reimbursements, according to the latest figures.

Danielson’s proposed Ordinance 24-07 refers to Exhibit H in its third “Whereas” clause and in its first “Be it ordained” clause, but it is unclear from the wording whether the proposed ordinance aims to replace the original Exhibit H or add the new post-audit version for historical comparison, like a before and after snapshot.

Proposed Ordinance 24-07, proposed by Councilman at Large Rick Danielson. (The City of Mandeville)
Proposed Ordinance 24-07, proposed by Councilman at Large Rick Danielson. (The City of Mandeville)

“Whereas” clauses are used to explain why the council is doing something or what authorizes them to do it. “Be it ordained” clauses, however, are what actually direct or create the intended changes of the proposed law or ordinance.

Exhibit H was a frequent topic of discussion at City Council meetings in the months leading up to the March primary election.

Danielson and then-candidate for mayor Jeff Lyons peppered Madden and Finance Director Kathleen Sides with questions about Exhibit H at several council meetings, asking for updated funds figures prior to the audit being delivered the first week of March.

Lyons and social media ally and frequent critic of the administration Andrew Ellender filed for a writ of mandamus in 22nd Judicial District Court in February in an attempt to force the City of Mandeville to provide certain end-of-year financial data.

But Division I Judge Reginald T. Badeaux III dismissed the case “with prejudice,” telling the two men that the City of Mandeville was under no obligation to release unaudited fund balance figures in its monthly or year-end finance reports.

Madden went on to trounce Lyons on election night, 73-22 percent.

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’Queer Northshore’ parade permit comes before council

’Pride Northshore’ to close Lakeshore drive June 1st

Organization hopes to build LGBTQ+ community locally

Application asks for 8 police officers

MANDEVILLE — Queer Northshore has submitted a special events application to the City of Mandeville for a march or parade event called “Pride Northshore” down Lakeshore Drive for Saturday, June 1st, according to a permit application.

The application — to be considered at the April 11th City Council meeting — requests the closure of Lakeshore Drive in Old Mandeville starting at Jackson Avenue and ending at or near Coffee Street from 4 to 7 p.m. A rain date for one week later is requested.

Queer Northshore’s ‘Push Mow Parade 2024’ in Abita Springs. (Queer Northshore website)
Queer Northshore’s ‘Push Mow Parade 2024’ in Abita Springs. (Queer Northshore website)

According to the application, submitted by organizer Mel Manuel, the group expects approximately 150 people and is asking for eight police officers to work the event.

Special event applications must be approved by the City Council.

The meeting will be held in the Mandeville City Hall Council Chambers April 11th at 6 p.m.

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Council to consider rooster ban, chicken restrictions

Ordinance 24-06 would outlaw roosters

Limit most to 6 hens

No front-yard coops or free-roaming fowl

MANDEVILLE — The City Council will consider a ban on roosters and limiting the number of chickens any single-family dwelling can keep to just six, along with other changes to city code relating to fowl and rabbits, according to a proposal being offered by lame duck Councilman at Large Rick Danielson.

Roosters would become of thing of the past if Councilman at Large Rick Danielson has his way. (Mandeville Daily)
Roosters would become of thing of the past if Councilman at Large Rick Danielson has his way. (Mandeville Daily)

Ordinance 24-06 — up for consideration at the April 11th regular council meeting — would also ban coops and cages from front yards as well as make it illegal to allow chickens to roam freely.

The ordinance does not address enforcement or whether there will be a grace or “grandfather” period.

Changes to city code proposed by Councilman at Large Rick Danielson. (Mandeville Daily)
Changes to city code proposed by Councilman at Large Rick Danielson. (Mandeville Daily)

The meeting will be held in the Mandeville City Hall Council Chambers April 11th at 6 p.m.

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UPDATE: Madden blowout — Zuckerman stays — Discon, Vogeltanz go in

Voters reject ‘budget crisis’ narrative

Madden trounces Lyons 73-22%

Embattled Kreller handily ousted by challenger

Anti-Sucette Harbor mandate seen

Discon leads at-large pack, urging voters only select one

Updated 3/24/2024 with expanded coverage.

MANDEVILLE — Three of the four anti-Sucette Harbor candidates won their races in the March 23rd primary while Parks and Parkways commissioner Scott Discon joins the council after besting the pack of at-large candidates, according to unofficial returns.

Mayor Clay Madden and Councilman at Large Jason Zuckerman retained their seats, and newcomer Kevin Vogeltanz easily ousted embattled Dr. Skelly Kreller from his District II seat, an apparent anti-Sucette Harbor mandate for the three. Discon had never endorsed the project except for advocating that the property be developed in some manner. Vogeltanz led Kreller 58 to 42 percent, or 525 to 375 votes.

Madden trounced challenger Jeff Lyons 2,560 to 744 votes, or 73 to 22 percent, which indicates the budget crisis narrative pushed by Lyons supporters, including lame-duck Councilman at Large Rick Danielson, in recent months was overwhelmingly rejected by voters. Billy Rosenthal came in with only 5 percent, or 161 votes.

Discon led Zuckerman 1,949 to 1,760, while former District III Councilman Ernest Burguières fell short with 1,669 votes.

According to the unofficial totals, there were approximately 806 “undervotes” in the at-large race, meaning potentially 806 voters selected only one or no candidate rather than two. There were posts on the official “Discon Council-at-Large” Facebook account advocating voters only select one candidate instead of two. Discon’s campaign also sent out a bulk mailer advising the same.

A bulk-mailer sent out by the Scott Discon for Council at Large campaign, advising voters to only select one instead of two. (Mandeville Daily)
A bulk-mailer sent out by the Scott Discon for Council at Large campaign, advising voters to only select one instead of two. (Mandeville Daily)
Unofficial results as reported by the Louisiana Secretary of State’s office. (Mandeville Daily)
Unofficial results as reported by the Louisiana Secretary of State’s office. (Mandeville Daily)

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FLASH: Lyons case v. City dismissed with prejudice

Judge: City has ‘no obligation’ to produce reports with unaudited fund balances

COVINGTON — A suit filed by candidate for mayor Jeff Lyons and social media ally Andrew Ellender was dismissed “with prejudice” today (March 19th) by Division I Judge Reginald T. Badeaux III, meaning it cannot be brought back before the court.

In his ruling, the judge found that the City had complied with Lyons and Ellender’s public records requests, also admonishing them for misquoting the City’s Home Rule Charter in their original complaint.

“I do appreciate your dedication as a ‘watchdog’ on behalf of your community … but your adding on language to the charter such as the phrase ‘including fund balances’ could be construed by some other judge as an attempt to mislead the court,” the judge said.

“I think the City has a better argument standing on the language of the charter itself. … In a nutshell, the City has no obligation to generate monthly or year-end reports that contain unaudited fund balances. Therefore, I’m going to … dismiss the mandamus proceeding at plaintiffs’ cost,” Badeaux continued.

Ellender, known mostly for his pro-Sucette Harbor social media posts, and Lyons filed for a writ of mandamus in 22nd Judicial District Court on February 27th in an attempt to force the City of Mandeville to provide certain end-of-year financial data, alleging the City had not complied with public records requests nor Section 3-05, Subsection 6 of the City’s Home Rule Charter.

Today’s judgment reads:

“IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants timely responded to the Complainants’ public records request, explaining that Defendants had no responsive record to produce, which precludes any cause of action for mandamus under the Public Records Law; and

“IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants’ Exceptions of No Cause of Action and No Right of Action are hereby granted, dismissing the above-captioned matter with prejudice.”

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City Councilman had IRS tax liens, delinquent property taxes, recent credit card settlement

Review confirms history of $407K in liens on New Golden Shores residence

Delinquent 2022 property tax debt of $2,240 paid June 12th

Sued by credit card company while on council

MANDEVILLE — District II Councilman Dr. Skelly Kreller has a history of financial troubles, including $406,978 in liens placed by the Internal Revenue Service between 1987 and 2015, delinquent payment of his 2022 property taxes in the amount of $2,240.96 for his Dona Drive residence, and a settlement with a credit card company for non-payment in 2022 during his first term on the City Council. While the majority of the IRS liens were associated with income taxes, a substantial portion were also related to payroll taxes.

These bombshell revelations were brought to light by a bulk mailer sent out this week by “Three Rivers PAC LLC.” The information was verified by Mandeville Daily using publicly available resources, including the St. Tammany Parish Clerk of Court’s Office, the St. Tammany Parish Assessor’s Office and the St. Tammany Parish Sheriff’s Office.

On April 23, 2013, the federal government filed a “Subordination of Property from Federal Tax Lien” on his personal residence in the amount of $406,978, according to records.  It appears that a mortgage was used to pay off some or all of this debt. The debt with the IRS is no longer outstanding.

The St. Tammany Parish Sheriff’s Office’s June 7, 2023, delinquent property tax report — which is posted online and in local newspapers — contained a “Joseph Kreller” of 280 Dona Drive in Mandeville for $2,240.96. That debt was paid on June 12, 2023, according to the Sheriff’s Office tax collection division.

Citibank sued Kreller in September 2022 — during Kreller’s first term on the City Council — for an unpaid balance of $3,259.46.

At the November 16th City Council meeting, Kreller spoke in favor of a reconstituted “Mandeville Financial Oversight Committee” that was voted down 3-2. Citing his experience running his dental practice, he said, “I’m on a medical/dental background and we had oversight. I’ve had it my whole life, in medicine.”

Mandeville Daily was able to corroborate this information with records on file with the St. Tammany Parish Sheriff’s Office, St. Tammany Parish Clerk of Court’s Office, and the St. Tammany Parish Assessor’s Office.

Here is a link to a series of liens on file with the Clerk of Court’s Office.

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A screen capture of documentation relating to District II Councilman Dr. Skelly Kreller’s IRS tax liens. (Mandeville Daily)
A screen capture of documentation relating to District II Councilman Dr. Skelly Kreller’s IRS tax liens. (Mandeville Daily)
A screen capture of page 52 of the St. Tammany Parish Sheriff’s Office delinquent tax listing from June 7, 2023.
A screen capture of page 52 of the St. Tammany Parish Sheriff’s Office delinquent tax listing from June 7, 2023.

Mayoral candidate lawsuit v. City pushed back due to judge scheduling conflict

Lyons, social media ally filed suit Feb. 27 against City of Mandeville

Claim City not providing financial data and access to public records

City response: requests granted, plaintiffs misquote charter

City asks suit be dismissed


UPDATED 3/19/2024 — FLASH: Lyons case v. City dismissed with prejudice.


COVINGTON — A suit filed by candidate for mayor Jeff Lyons and social media ally Andrew Ellender that was scheduled for a hearing on March 7th has been moved to March 19th due to a last-minute scheduling conflict by Division I Judge Reginald T. Badeaux III.

Ellender, known mostly for his pro-Sucette Harbor social media posts, and Lyons filed for a writ of mandamus in 22nd Judicial District Court on February 27th in an attempt to force the City of Mandeville to provide certain end-of-year financial data, alleging the City had not complied with public records requests nor Section 3-05, Subsection 6 of the City’s Home Rule Charter.

The original hearing was set for March 7th at 9:30 a.m. but when the parties arrived for court that day they were notified that a criminal trial had taken precedence and the judge asked if they could return in the afternoon or have the hearing reassigned to a later date.

The Lyons and Ellender party reported they had a scheduling conflict for the afternoon so the hearing was reassigned for March 19th.

According to the City of Mandeville’s initial March 5th response to the complaint on file with the St. Tammany Parish Clerk of Court, the City claims it has complied with the plaintiffs’ requests or that the plaintiffs are asking for something they are not entitled to.

Excerpt from the City of Mandeville’s memorandum response on file with the St. Tammany Clerk of Court’s Office. (Mandeville Daily)
Excerpt from the City of Mandeville’s memorandum response on file with the St. Tammany Clerk of Court’s Office. (Mandeville Daily)

City Attorney Elizabeth Sconzert claims in the memorandum response:

  1. the City complied with all public records requests submitted by both parties,
  2. the plaintiffs are asking for a record to be created where none exists,
  3. they are misrepresenting the actual language of the City Charter, and
  4. the City has fulfilled its obligation according to the charter, with the monthly reports and other documents it already makes available on its website.

The City’s response takes particular exception to the plaintiffs allegedly misquoting the relevant provision of the City Charter.

Lyons and Ellender state in their complaint that the City Charter requires “a complete and final end-of-year financial report, including fund balances.”

However, the actual language of the charter instead reads: “a complete report on the finances and administrative activities of the City as of the end of each fiscal year.”

Sconzert’s response points out that Lyons and Ellender added the words “final” and “including fund balances” which is not part of the Charter.

“Instead, the Charter provides direct instructions of what is required, and the City has not only met those requirements, but made this information available to the Petitioners,” Sconzert argues on behalf of the City.

The relevant subsections of the Charter to which Sconzert’s response refers are:

“(5) Prepare a monthly financial statement comparing the operating budget with income and expenditures for the month and for the fiscal year to date. The report shall be submitted to the council no later than fifteen (15) days after the end of the month.

“(6) Submit to the council and make available to the public, within forty-five (45) days after the end of the fiscal year, a complete report on the finances and administrative activities of the City as of the end of each fiscal year.”

The City has since filed for and on March 11th received an “order to show cause” which is scheduled for the March 19th hearing date. This essentially is asking that the suit be dismissed.

An order to show cause is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief.

Additionally, each year the City is audited by an outside firm and that audit is usually delivered by the end of February and then posted on the City’s website. This year, the audit was completed in the first week of March, and was available on the City’s website at the time of the aforementioned March 7th court appearance.

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UPDATE: City releases remaining text messages from Dec. 27 public records request

City informed Mandeville Daily Feb. 27 that Bush, McGuire text messages are ready

Will complete record of Sucette Harbor-related texts from council members

Updated 3/1/2024: Updated to reflect messages were received.

MANDEVILLE — The remaining text messages from council members Rebecca Bush and Jill McGuire — totaling 188 printed pages — were released today (March 1st) as part of a follow-up Mandeville Daily public records request from December 27th, the City has confirmed.

There is often a reproduction fee that accompanies public records requests before they can be released. Mandeville Daily delivered that payment today, and electronic versions of the text messages were received several hours later.

Next, Mandeville Daily will review, sort and organize the text messages in the same manner that the other council members’ texts were treated in December, and we will update “Sucette Harbor Exposed: Part 4 – Timeline of text messages raises more questions than it answers” when finished.

Originally, the text messages from Bush and McGuire were pixelated and not readable, which likely occurred as a result of unintended compression when they were transmitted to the City as part of the original September 11th Woodward Interests public records request response related to Sucette Harbor.

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Sucette Harbor Exposed: Part 5

P&Z member delivered printed plea to council member to vote ‘yes’ — out of reach of later public records requests

Handwritten and printed documents excluded from Sucette public records request for Danielson, Kreller and Bush

Adams espoused single criterion instead of 12 in CLURO

Adams wrote ‘half a billion’ revenue basis for his vote

Letter heavily redacted by City before release to Mandeville Daily

Joked local restaurateur should ‘poison’ people opposed to project

Updated 2/28/2024: Expands coverage of City of Mandeville’s CLURO.

MANDEVILLE — Former Planning & Zoning Commission member Nixon Adams delivered a printed letter to District I Councilwoman Rebecca Bush in an attempt to persuade her to vote in favor of the Sucette Harbor project before the City Council’s September 5th vote, according to documents released in response to a public records request by Mandeville Daily.


Editor’s Note: This is the fifth part in a series that will explore the recent Sucette Harbor public records release.

Part 1 | Part 2 | Part 3 | Part 4 | Part 5


The undated letter was written sometime after the Planning & Zoning Commission’s 4-3 vote to recommend the project on April 17th, 2023, but before the City Council’s vote to deny on Sept. 5th, according to wording in the letter, and confirmed by Bush.

In the letter, Adams for the most part urged Bush to vote in favor of Sucette Harbor, but he also gave his personal opinions as to why each of the P&Z members voted how they did.

One of his assertions is that now-former P&Z member Simmie Fairley voted in favor of the project at least in part due to financial reasons. Adams told Bush that Fairley owns or owned “several” pieces of property in close proximity to the proposed Sucette Harbor project — the Kleber and Lambert streets area — and believed his property value would have increased as a result.

Excerpt from Nixon Adams letter to District I Councilwoman Rebecca Bush. (Mandeville Daily)
Excerpt from Nixon Adams letter to District I Councilwoman Rebecca Bush. (Mandeville Daily)

But Fairley told Mandeville Daily when reached by phone Sunday that his main reason for voting to recommend the project had more to do with jobs and the benefit to Mandeville.

“That would not be my primary reason when that was voted on to send it over to the council at all. Maybe that would have consideration way down, that it would increase property values in that area in general,” he said.

Fairly added, “I believe strongly then and now that the project would have created some jobs in my community, brought in revenue for the City and greatly improved the property value in Kleber Street and Lambert Street area.”

When Adams was explaining his own personal reasons for voting in favor, he cited “a half billion dollars” in tax revenue.

“Conversly (sic), developing the two lakefront properties could add a half billion dollars or more to the tax roles, generating perhaps a million dollars a year for schools, fire and law enforcement service, etc.,” Adams wrote.

An economic impact study presented during the Sucette Harbor application process estimated $78,000 tax benefit to Mandeville and approximately $500,000 to parish resources, including schools and fire protection, but those figures were criticized by project opponents as being overly optimistic.

Excerpt from Sucette Harbor economic impact study. (Mandeville Daily)
Excerpt from Sucette Harbor economic impact study. (Mandeville Daily)

When describing what he believed the “only criterion” should be for evaluating the Sucette Harbor application, Adams contradicted what the City’s Comprehensive Land Use Regulation Ordinance says in Article 4.3.3.8 “Review and Evaluation Criteria,” a.k.a “the twelve criteria” standard that was often discussed at Sucette Harbor special meetings before the P&Z and City Council.

“I offer the following explantion (sic) of my vote. First, and the only criterion on which the proposal should be judged, the question of whether a planned district like this should be approved is this: when all of the reasonably expected positive gains for the community outweigh probable negative consequences of its development, what the applicant requests, with reasonable tweaks by the P&Z and the council, should move forward to the next step of the development process. That’s it – PERIOD!” Adams wrote.

But 4.3.3.8 reads:

“The Planning Director, the Planning Commission and the City Council shall review and evaluate and make the following findings before granting a Conditional Use Permit or Planned District zoning using the following criteria…”

Excerpt from the City of Mandeville Comprehensive Land Use Regulation Ordinance. (Mandeville Daily)
Excerpt from the City of Mandeville Comprehensive Land Use Regulation Ordinance. (Mandeville Daily)

The five-page letter was delivered personally by Adams or someone on his behalf to Bush’s law firm, meaning it was not sent via U.S. Mail nor delivery service, according to Bush.

The letter was heavily redacted by City Attorney Elizabeth Sconzert, either to protect unrelated personal information for either Adams or Bush, or for privileged legal advice shared by Sconzert with council members and P&Z members related to Sucette Harbor, according to Sconzert.

Overview of Nixon Adams letter to District I Councilwoman Rebecca Bush. (Mandeville Daily)
Overview of Nixon Adams letter to District I Councilwoman Rebecca Bush. (Mandeville Daily)

The letter was not turned over as part of the September 11th Woodward Interests public records request because Bush, District II Councilman Dr. Skelly Kreller and Councilman at Large Rick Danielson were not asked for “handwritten notes” nor “hard copy” documents, only documents that had been sent or generated electronically.

Mandeville Daily learned, however, that only Councilman at Large Jason Zuckerman and District III Councilwoman Jill McGuire were asked for “handwritten notes” or “hard copy” documents.

Side-by-side comparison of the Woodward Interests Vice President Bear Cheezem public records requests to City Council members. (Mandeville Daily)
Side-by-side comparison of the Woodward Interests Vice President Bear Cheezem public records requests to City Council members. (Mandeville Daily)

Here are key claims Adams made in the letter, followed by a link to download the entire scanned city-redacted document:

Claims Rhinehart and Durio were against project from beginning

“First, the vote never was going to be better than 5-2 for approval because Bryan (sic) (Rhinehart) and Clair (sic) (Durio) had made it pretty clear that they were opposed to the project almost before the hearings before us began.” — Page 1

Fairly had financial interest in approval

“Semmie (sic) was strongly for the project from the beginning primarily, I think, because of the potential job opportunities it offered the local black community. Semmie (sic), also owned several pieces of property in the Kleber/Lambert area and was smart enough to know that Sucrete (sic) was almost certainly going to increase the value of his property and all other black property owners in the area.” — Page 1

Adams decided yes early in process

“I was the fourth positive vote and came to that decision pretty early. It was obvious to me that basically it was good for the city, with far more upside than downside. … It should not be killed outright by the usual malcontents from the Old Town who consider any change, bad.” — Page 1

Could add ‘half billion dollars’ to tax rolls

“Conversly (sic), developing the two lakefront properties could add a half billion dollars or more to the tax roles, generating perhaps a million dollars a year for schools, fire and law enforcement service, etc.” — Page 2

Benefits outweighing consequences is only criterion that matters

“I offer the following explantion (sic) of my vote. First, and the only criterion on which the proposal should be judged, the question of whether a planned district like this should be approved is this: when all of the reasonably expected positive gains for the community outweigh probable negative consequences of its development, what the applicant requests, with reasonable tweaks by the P&Z and the council, should move forward to the next step of the development process. That’s it – PERIOD!” — Page 2

Joked Pat Gallagher should poison people opposed to Sucette Harbor

“If I was Pat Gallagher, I would be poisoning the folks in town opposing this project.” — Page 4

Adams and neighbors were likely to move into Sucette Harbor when completed

“Obviously, to me, the benefits vastly outweigh the concerns. The concerns are legitimate, but I believer (sic) that they can be addressed without a whole lot of effort as the project moves ahead. Frankly, I am now totally prejudiced and in fact will probably be trying to move into it as I get more and more decrepit. Two of my neighbors here on Dona Drive have told me the same thing.” — Page 5

Download the entire, redacted document here…

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30-Day campaign finance reports posted

Madden out-raises Lyons 7-to-1, with $75K still in bank

Sucette lawyer maxes out to Lyons, $500 to Kreller

RPEC chair maxes (exceeds) limit to Kreller

Danielson gives to Lyons, Discon, Kreller

Former mayor gives to Discon, Kreller

Lyons, Discon finance reports contain math errors

Rosenthal has yet to file

MANDEVILLE — The 30-day campaign finance reporting deadline was February 22nd and so far it appears that Mayor Clay Madden sits atop the 2024 pack of candidates money-wise, out-raising candidate Jeff Lyons seven-to-one and outspending him 11-to-one, according to reports submitted by candidates to the Louisiana Ethics Administration Program’s campaign finance portal.

The incumbent Madden is also reporting $75,788.94 “on hand” or in the bank at the close of the reporting period, while Lyons has only $4,472.44, according to a Mandeville Daily line-by-line tally of Lyons’ expenditures vs. receipts reported to the state.

Campaign finance summaries for mayor’s race. (Mandeville Daily)
Campaign finance summaries for mayor’s race. (Mandeville Daily)

Lyons and at-large candidate Scott Discon’s reports would appear to have discrepancies between their cover page summaries and the data contained within the reports. This likely can be attributed to addition or subtraction errors or accidental line item omissions that weren’t corrected in the summaries.

Candidate for mayor Billy Rosenthal has yet to file his report, according to a spokesperson with the State Ethics Administration Program today (February 27th). The deadline for the 30-Day reports was February 22nd. Candidates are only required to file the report if they receive a donation over $200, excluding personal funds, or spend more than $2,500 in the aggregate, according to the spokesperson.

Campaign finance summaries for council-at-large race. (Mandeville Daily)
Campaign finance summaries for council-at-large race. (Mandeville Daily)

Sucette Harbor project attorney Paul Harrison’s law firm gave $1,000 to Lyons and as previously reported, gave $500 to District II Councilman Dr. Skelly Kreller on the night of the Planning & Zoning Commission’s 4-3 vote to recommend Sucette Harbor to the City Council April 17th, 2023.

St. Tammany Republican Parish Executive Committee Chairman Josh Allison gave $1,500 to Kreller, with $1,000 of that coming the night of the P&Z Sucette Harbor vote.

Campaign finance summaries for council District II race. (Mandeville Daily)
Campaign finance summaries for council District II race. (Mandeville Daily)

The St. Tammany RPEC endorsement forum is scheduled for tonight (February 27th) at 6 p.m. inside the Parish Council chambers at the St. Tammany Administrative Complex, located at 21490 Koop Drive in Mandeville.

According to a spokesperson with the State Ethics Administration Program, Kreller will have to return $500 back to Allison and $500 back to another donor because they exceeded the maximum contribution limit of $1,000 per election.

The spokesperson with the state said this happens routinely due to the nature of political campaigns spanning many months and many fundraiser events. Madden also exceeded the limit with one of his donors this election and will have to return that money as well.

Lame-duck Councilman at Large Rick Danielson donated $250 each to Lyons, Kreller and Discon.

Former mayor Donald Villere gave $1,000 to Discon and $500 to Kreller.

Outspoken Sucette Harbor opponents Larry and Kathleen Grundmann gave $400 to Vogeltanz, $400 to Burguières, and $200 to Zuckerman. Other critics of the project gave varying amounts to Zuckerman, Burguières, and Vogeltanz, but none totaled more than what the Grundmann’s gave, as best Mandeville Daily can determine.

Sucette Harbor proponent Rhonda Alleman who lobbied various council members to support the project during the lead-up to the final vote September 5th donated $500 to Discon and $250 to Kreller.

The next campaign reports are due 10 days prior to the March 23rd election. Each candidate’s unaltered forms to date are available here for public inspection as well as on the campaign finance portal:

Burguières 30-Day

Discon 30-Day

Discon Annual 2023

Kreller 30-Day

Kreller Annual 2023

Lyons 30-Day

Madden – 30-Day

Madden – Annual 2023

Vogeltanz – 30-Day

Zuckerman 30-Day

Zuckerman Annual 2023


Disclosure: Mandeville Daily Editor Emeritus William Kropog donated $100 to each of the following candidates, in alphabetical order: Burguières, Discon, Madden, and Vogeltanz.


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Candidate for mayor urges council not to accept $335K FEMA reimbursement from Ida

Money covers City’s 10% match already spent

Lyons asks why can’t city pay out of pocket

Public works director: ‘silly’ not to accept

MANDEVILLE — Candidate for mayor Jeff Lyons asked the City Council Thursday not to accept a pending FEMA reimbursement for Hurricane Ida damages and debris removal that the City of Mandeville funded out of pocket during the aftermath of the storm in 2021.

Resolution 24-08 authorizes Mayor Clay Madden to execute the documents necessary to receive $335,474.84 in Community Development Block Grant Disaster Recovery (CDBG-RD) Infrastructure funds through the Public Assistance Cost Share for Hurricane Ida 4611 – CAT A – Debris Removal program.

The money would offset the City of Mandeville’s 10-percent matching funds it spent on damages and debris removal in the aftermath of the storm in 2021.

Public Works Director Keith LaGrange said it would be “silly” for the City not to accept the funds, but Lyons, who has been critical of Madden, particularly when it comes to his budgets, addressed the council before the resolution was unanimously adopted, suggesting the city should not be seeking reimbursement for the Ida expenses.

(Watch comments by candidate for mayor Jeff Lyons here…)

Lyons, who is running against Madden, asked, “What existing conditions pose a serious and immediate threat to our community health and welfare? … What’s the urgency? It’s debris removal. … Why can’t we finance this on our own?”

However, the program in question reimburses municipalities for expenses incurred in the aftermath of the storm for damages and debris removal, not for debris that still needs to be cleaned up.

Councilman at Large Rick Danielson asked LaGrange, “Are there any requirements on the backend of this to the federal government, or is this strictly just a straight-up reimbursement from Ida?”

LaGrange replied, “Reimbursement for existing money you’ve already spent.”

According to LaGrange, the State of Louisiana is giving this money to all municipalities who seek it, not just Mandeville.

“So it’d be silly for us not to accept it,” he added.

Candidate for mayor Jeff Lyons, asking to speak during public comment on Resolution 24-08 at the regular City Council meeting February 22nd. (Mandeville Daily)
Candidate for mayor Jeff Lyons, asking to speak during public comment on Resolution 24-08 at the regular City Council meeting February 22nd. (Mandeville Daily)

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MandePAC announces endorsements

Incumbents, former and newcomer get nods

Discon, Lyons cancelled and Kreller no-show

MANDEVILLE — Newcomer political action committee MandePAC announced its endorsements for the upcoming March 23 primary election today (February 23rd).

MandePAC has endorsed incumbents Mayor Clay Madden and Councilman at Large Jason Zuckerman.

Former District III Councilman Ernest Burguières received the other at-large endorsement with Zuckerman, while local attorney Kevin Vogeltanz was given the nod for the District II council seat over incumbent Dr. Skelly Kreller.

Candidate for mayor Jeff Lyons, candidate for council at large Scott Discon and incumbent Kreller had all accepted the invitation to the MandePAC forum but Lyons and Discon cancelled and Kreller was a no-show.

MandePAC hosted its event for Mandeville candidates February 20th at “Frequencies,” located on the second floor of the Spoke and Barrel Restaurant, formerly “Old Rail” at 639 Girod Street.

Read the MandePAC release here…

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FLASH: Kreller accepted $500 donation from Sucette attorney night of P&Z vote on Sucette

Kreller texts revealed claims he worked to ‘hold the votes’ on P&Z for developer

Kreller, Sucette attorney later threatened lawsuit against ‘bribe’ accuser at council meeting

2023 contributions posted

RPEC chair listed as $1,000 contributor — RPEC forum looms

Updated 2/20/2024 – See editor’s note.

MANDEVILLE — Embattled District II Councilman Dr. Skelly Kreller did in fact receive a sizable $500 donation from Sucette Harbor project attorney Paul Harrison’s law firm on the night of the Planning & Zoning Commission’s 4-3 vote to advance the controversial project, according to documents posted on the state’s campaign finance portal website today (February 15th).

Kreller told his campaign consultant and Mariner’s Village Master Association (MVMA) President Eric McVicker earlier last year that Woodward Interests President Bill Hoffman (the project developer) “knows I’m trying to hold the votes on P&Z together,” according to text messages released as part of a public records request by Woodward Interests in September.

Harrison had lashed out at those in attendance at a May 25th City Council meeting after project critic Michele Avery had posted screenshots from Kreller’s Facebook page showing Harrison at his April 17th fundraiser, the same night as the P&Z vote, with the caption “Bribe.”

“If someone defames me… online, you write it down. You will be sued the next day by my firm. Let’s be very clear about that… But you make an insinuation about MY integrity, you will get sued. That’s it,” Harrison told the capacity crowd.

(Watch video here…)

Excerpt from the Alliance for Good Government candidate questionnaire for their January 22nd endorsement forum. (Mandeville Daily)
Excerpt from the Alliance for Good Government candidate questionnaire for their January 22nd endorsement forum. (Mandeville Daily)

Kreller participated in and received the Alliance for Good Government’s endorsement at their January 22nd candidate forum. The AGG asks candidates seeking their endorsement to report their five largest contributors. Kreller appears to have reported only his 2023 calendar-year contributors to the AGG, minus Harrison. Kreller’s five largest contributors as specifically reported for the 2024 primary election would have included Joshua Allison APLC, Barry G. Brubacher, Emerald Corner LLC, Emerald Corner LLC, and Anthony A. Indovina DDS APDC, and would not have included the bottom three Kreller reported to AGG, nor Harrison.

(Source: Louisiana Ethics Administration Program Campaign Finance Portal)


Editor’s Note: The initial release of this story accepted Kreller’s AGG list as accurate, except the Harrison omission. Mandeville Daily awaits a clarification from the AGG to confirm whether or not their intent was to have candidates include all contributions to date or just for this election. Kreller’s 2022 annual report was filed as a “future” election, which would mean the upcoming 2024 Primary. In either case, Kreller’s AGG list does not match his state-reported contributors.


District II Councilman Skelly Kreller’s top contributors in 2023. (Mandeville Daily)
District II Councilman Skelly Kreller’s top contributors in 2023. (Mandeville Daily)

(Download the entire report here…)

St. Tammany Republican Parish Executive Committee Chairman Joshua Allison is listed as a $1,000 contributor. The St. Tammany RPEC endorsement forum is scheduled for February 27th at 6 p.m. inside the Parish Council chambers at the St. Tammany Administrative Complex, located at 21490 Koop Drive in Mandeville.

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OPINION | So-called ‘deficit’ bigger nothing burger than recent ‘budget crisis’

Tax revenue exceeded budget by 9.77%

’Deficit’ caused by lagging delivery of promised funding

Updated 2/12/2024: Expands on budgeting against receivables.

Editorial

A graphic is being circulated on social media highlighting Mandeville’s general fund “deficit” of a negative $2.38 million, and Mayor Clay Madden is being blamed for his “overspending,” including giving city employees “3 huge” raises.

Collage of social media posts critical of the Mayor Clay Madden administration. (Mandeville Daily)
Collage of social media posts critical of the Mayor Clay Madden administration. (Mandeville Daily)

The people sharing this graphic and pushing the budget crisis narrative are the same usual suspects — pro-Sucette Harbor social media troll Andrew Ellender, mayoral candidate Jeff Lyons, efficiency consultant Glen Runyon, and a few others, including also-rans from previous elections.

It’s based on the City of Mandeville’s “Governmental Funds Report” dated August 31, 2023, marking the close of the fiscal year. There’s a big orange box magnifying the so-called deficit figure.

Sounds pretty bad, right? After all, a deficit is a deficit and it means you’re spending more than you’re taking in.

There’s just one problem… it’s not true.

Just like their sky-is-falling conclusion over a capital outlay hypothetical in the recent auditor’s report, this too is patently false and intellectually dishonest.

Don’t believe me? I’ll prove it.

Let’s take a look at the graphic this handful of people on social media are posting and re-posting, ad nauseam.

Screenshot of graphic posted by Andrew Ellender on social media. (Mandeville Daily)
Screenshot of graphic posted by Andrew Ellender on social media. (Mandeville Daily)

Notice the huge orange box containing “$2,375,614.00 Deficit” and its positioning on top of the actual government funds report, specifically toward the upper right of the screen. Doesn’t that placement seem a little odd?

Well as it turns out, this was not by accident. They were hiding something.

The data being covered up by the unnecessarily large orange box actually debunk the false deficit narrative, completely and irrefutably.

Carefully examine the same report below, without obfuscation, but instead with helpful context to show what is actually going on. Don’t take our word for it. Do the math yourself. We’ll let you be the judge.

City of Mandeville Governmental Funds Report analysis. (Mandeville Daily)
City of Mandeville Governmental Funds Report analysis. (Mandeville Daily)

(Click to download…)

The first thing we notice is, Mandeville’s FY 2023 tax revenue exceeded the budgeted or projected amount by 9.77 percent. And the projected amount, set when creating the FY 2023 budget, was a two-percent increase over the FY 2022 actuals.

So knowing that Mandeville only adopts balanced budgets, where did this “deficit” come from?

Good question.

The answer lies in what Ellender’s graphic was covering up — the shortfall in “Grants Revenue” and “Other Revenue” which includes things like FEMA reimbursements, among other sources.

To date, Mandeville has only received a paltry 35.71 percent of those anticipated funds for FY 2023. The FEMA reimbursements can take years to recoup.

This means there are still millions of dollars in receivables the city is owed. Even if the city doesn’t spend a dime on Ida-related repairs in FY 2023, for example, it can still budget against that receivable.

So critics might ask, what kind of municipality would base their budget on money they haven’t received yet?

The answer is simple: the one with a shit-ton of money in the bank, that’s who.

It’s no different than how individuals in the real world budget their money. There are those who live paycheck-to-paycheck, and then there are those who are financially responsible and have plenty of money in the bank — like the City of Mandeville.

Mandeville is in such a strong position financially, we are able to do the things that really count and truly grow our city, without borrowing money, cutting services, or any other form of a compromise just because a hurricane hits and FEMA is slow to pay us back. How many other municipalities can say that?

Madden and this City Council did what the previous administration had only kicked down the road for eight years.

In the ultimate irony, it was Runyon — the chief Madden critic today — who authored the 2020 Mandeville Efficiency Study, which revealed Madden was handed an employee morale issue from the Villere years where pay remained generally flat. That study helped lead to a salary survey, and eventually a pay scale overhaul to help Mandeville attract and keep the best people among its municipal neighbors.

This is how Mandeville grows. Not by building some monstrosity on the lakefront that will forever ruin our scenic character and only bring in a token $74,000 a year to the city.

Some members on this very council along with a certain mayoral candidate and their trolls on social media see only misery and despair in what by any honest assessment are good things and are the residue of hard work and responsible leadership.

This cabal that we wrote about in our special series Sucette Harbor Exposed and our recent opinion piece about the fake budget crisis wishes to return the old guard to power so they can finish what they started — Sucette Harbor and God only knows what else.

Winning an election is obviously more important than preserving Mandeville’s character or producing real quality growth.

Ask yourself… isn’t Mandeville worth saving from these people?

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UPDATE: Mandeville Daily receives part of remaining public records requests

P&Z records received

Waiting on readable Bush, McGuire texts

Response for ‘hard copy’ and ‘handwritten notes’ imminent

MANDEVILLE — The City of Mandeville recently turned over Sucette Harbor-related text messages, emails and other electronic documents from Planning & Zoning Commission members, but Mandeville Daily still awaits the results of two other public records requests made last month.

The City says it finally has readable versions of most of council members Rebecca Bush and Jill McGuire’s text messages, however, there are still some that are not in readable form and they are working to resolve the issue, according to Assistant City Attorney David Parnell Jr.

Originally, none of the text messages from Bush and McGuire were readable.

In addition to the aforementioned records requests, Mandeville Daily requested “hard copy” or “handwritten notes” from certain council members when it was learned that not all on the council were asked for such documents in the Woodward Interests public records request from September 11th.

Only council members Jason Zuckerman and Jill McGuire were asked to produce printed documents. Mandeville Daily had mistakenly thought that the Woodward public records requests to each council member were identical, hence we requested the same. We regret this error.

According to City Attorney Elizabeth Sconzert, the printed document results from Danielson, Kreller and Bush are imminent.

Side-by-side comparison of the Woodward Interests Vice President Bear Cheezem public records requests to City Council members. (Mandeville Daily)
Side-by-side comparison of the Woodward Interests Vice President Bear Cheezem public records requests to City Council members. (Mandeville Daily)

We will report on the results of the completed public records responses once we have them all.

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OPINION | Fake ‘budget crisis’ paving road for Sucette reset

Editorial

Updated 2/5/2024: Adds background on efficiency consultant Glen Runyon.

Perhaps you’ve heard about the budget crisis the City of Mandeville is facing. Yes, Mandeville, the same city that has over $19 million in its general fund, over $60 million in the bank, and has zero debt.

Yep… It’s a crisis alright.

So you might be thinking, what happened?

I’ll tell you what happened: Sucette Harbor.

Almost to the man — or woman — it is the exact same group of people who fought tooth and nail to try to ram Sucette Harbor down our throats who have now pivoted almost seamlessly, in the same breath, in the same sentence, just like in 1984, to a new cause — the budget crisis.

They’re still mad as hell and now they see the 2024 election as their chance to get even. They’re hellbent to put that damned hotel-events-center-old-dude-apartments-restaurant-check-cashing-place-maybe-and-marina on the Copeland property, so all you District 2 and District 3 people with your “apprehension” need to quit being so “closed minded,” as City Council candidate Scott Discon said at the recent Alliance for Good Government forum. “Mandeville has to grow,” he insisted.

I say they’re betting that if they can get Discon elected, somehow manage to keep Kreller from imploding any further, combined with Cynthia Thompson having gone in unopposed, they could win the battle of Sucette Harbor 2.0 later this year or next.

There’s just one problem… It will all be for naught if they don’t eliminate the veto threat, ergo Madden must go.

The fake budget crisis

So now we have a budget crisis.

Their “evidence” is a recent Carr, Riggs & Ingram CPAs and Advisors report in which two slides show hypothetical scenarios of what it would take to deplete the general fund balance.

The graph in question shows what would happen to the $21.4 million general fund if the City of Mandeville paid for every wish-list capital outlay project for the next five years without a single dollar of matching state or federal funds. The result: the general fund drops to a paltry $4.6 million by 2028.

Excerpt from Carr, Riggs & Ingram CPAs and Advisors report. (Mandeville Daily)
Excerpt from Carr, Riggs & Ingram CPAs and Advisors report. (Mandeville Daily)

Sounds pretty dire, right? Councilman at Large Rick Danielson, District II Councilman Dr. Skelly Kreller, efficiency consultant Glen Runyon, candidate for mayor Jeff Lyons, plus the usual-suspect trolls on social media have been sounding the alarm. Even Discon made mention of it at the Alliance for Good Government forum in January: “I believe that we should be looking at ways to increase our revenue in the city. We’ve got valuable land on the lakefront that needs to be balanced with our quality of life…”

At the November 16th City Council meeting when debating a Mandeville Financial Oversight Committee revival and rewrite, Danielson said, “All of sudden it’s 2028, and your fund balance is gone because that’s what the financial forecast said. It was very clear. In 2028, at our current spend plan, the fund balance is gone.”

But the problem with this narrative is, it’s based on a false-premise hypothetical, which means the result cannot happen. The slide in question even says so: “Does not include any additional revenue sources currently being pursued for fiscal years 2024-2028. If additional funding is not obtained, projects will not commence.

Thats right. Projects will not commence without additional or matching funding. Period. So the scenario could never happen.

But shouldn’t we look at this graph as a positive? Doesn’t it really illustrate how strong our fiscal position is? Mandeville is so strong and we have so much money in the bank, we could fund every single project that we’ve dreamed up 100-percent on our own and still not run out of money until well after 2028.

How many municipalities can say they could fund their next five years of projects from cash reserves, without additional income, without going into debt, and still have money in the bank? Not many I bet.

Leave it to the Revenge-of-the-Sucette gang to turn a positive into a negative, just to win an election and get their hotel-events-center-old-dude-apartments-restaurant-check-cashing-place-maybe-and-marina built on the lakefront.

And then they throw in a balance sheet for good measure, failing to mention that we’re still missing about $6.2 million in FEMA reimbursements from Ida — which we will eventually get. In their minds, it’s a slam dunk. I guess Hurricane Ida hitting Mandeville was somehow Madden’s fault too.

Tax cuts floated to downsize surplus

Rewind to April 8, 2021. The first regular City Council meeting of the month.

Danielson and Runyon were pushing the idea of lowering sales and property taxes and giving the general fund surplus back to the taxpayers.

Runyon said, “You are a flush with money coming in … You made reference to reducing sales tax but I’d almost want y’all to commit to doing that. Because you’re already running close to … another $2 million general fund surplus this year, by the end of the year, and that money should go back to the taxpayers.”

Danielson seemed to agree, saying the Council was in favor of reducing taxes. “One of the goals of the council was to be able to reduce our sales tax rate that is currently charged and to be more inline with other municipalities across the parish as well as being able to further reduce the property tax rate,” he said.

Watch the video here…

So let’s get this straight:

In 2024, they’re forecasting doom and gloom because the surplus might be nearly gone by 2028 if we were to spend on everything imaginable, which in reality we’re not even allowed to do.

But as recently as 2021, they promoted depleting the very same surplus with tax cuts because we had too much money.

I guess it’s a good thing we didn’t take their advice in 2021, and we certainly shouldn’t be taking it now.

Runyon was the author of the 2020 Mandeville Efficiency Study, which revealed Madden was handed an employee morale issue from the Villere years where pay remained generally flat. That study helped lead to a salary survey by SSA Consultants, and eventually across the board pay raises to catch Mandeville up to fair market levels.

As of late, Runyon frequently attends City Council meetings complaining about the budget and spending. He is often afforded quite a bit of leeway in going beyond the council’s three-minute public comment rule, though it never seems to be enough. He is not an elected official, not an appointed official, not an employee, and no longer a contractor for the City of Mandeville.

I wonder what would happen if Mandeville Daily were to show up at the end of every meeting asking for extended time to complain about the pro-Sucette cabal.

Sucette Harbor: $74,000 to the rescue

We’ve all read the text messages by now, so we know the exact moment that the budget crises took form. It came in late August and early September when the defeat of Sucette Harbor was imminent. Project proponent and lobbyist Rhonda Alleman texted Danielson:

“It wouldn’t be wrong to make a statement that the city needs more tax revenue to meet unbalanced budget projections.”

And she hit District I Councilwoman Rebecca Bush with page after page of the same budget pitch right about the same time.

But once again, these people’s statements are easily refuted by on-the-record information. The Sucette Harbor economic impact report shows only a combined $74,000 annually would go to the City of Mandeville.

Excerpt from Sucette Harbor - Estimated Economic Impact study. (Mandeville Daily)
Excerpt from Sucette Harbor – Estimated Economic Impact study. (Mandeville Daily)

So $74,000 is going to save Mandeville. Hoorah.

Whenever someone starts a sentence with the words “it would not be wrong if,” what they’re really saying is, “This is wrong but I think we can get away with it.”

You be the judge.

It’s rich that most of the Sucette enthusiasts actually live on the so-called “west side” of Mandeville, or the group of neighborhoods on West Causeway approach to be exact. They lost their minds when a carwash approval came before the Planning & Zoning Commission in 2021.

Maybe we should see how they would feel about a hotel-events-center-old-dude-apartments-restaurant-check-cashing-place-maybe-and-marina nestled behind Fontainebleau and Mary Queen of Peace. I’m sure all the trucks could easily make it down Rue Beauvais no problem during the 18 months or so of construction. After all, “Mandeville has to grow.”

Jeff Lyons to the rescue

The best part of this elaborate hoax is that these supposedly smart people want Jeff Lyons for mayor, to save us from Madden.

The former Piccadilly manager has touted his experience as a businessman when addressing the council on the budget. He was afforded the opportunity to describe what kind of mayor he would be at the recent Alliance for Good Government forum in January.

His lackluster performance should give anyone considering his candidacy serious concerns. Maybe he’ll fair better at the upcoming RPEC or Mande-PAC forums.

Local political consultant James Hartman, who has consulted for some of these same pro-Sucette people who are pushing Lyons and the false budget narrative, wrote an impassioned letter to the mayor and City Council in January, criticizing Madden on several fronts.

But the most interesting part of that letter was what Hartman said about Lyons: “your opponent was so weak.”

That’s not very encouraging if you’re a Lyons supporter.

“I congratulate you in advance on your likely endorsement tonight and on your likely victory in March,” Hartman wrote to Madden.

Hartman has been in this line of work for a long time, and admittedly he has an impressive list of clients. Anyone who has ever worked with James will tell you — he’s a straight shooter and won’t sugar coat things for you, which is probably a big reason people are willing to pay for his services.

Interestingly, in Kreller’s text messages, Hartman was the one person giving them the correct advice, which was not to try and fight a social media war. Too bad they didn’t listen to him.

Don’t take the cheese

At the end of the day, these Sucette cabal folks expect you to believe the following:

  • A projected $67 million in the bank is a crisis when just 30 months ago they favored tax cuts because we had too much money.
  • A hypothetical scenario in an auditor’s report intended to illustrate Mandeville’s fiscal strength is a harbinger of doom.
  • Sucette Harbor would have rescued Mandeville from a financial crisis with only $74,000 annually.
  • Weakly Jeff Lyons would make a great mayor.

Beware the ides of March.

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