Councilman says one candidate has ‘asterisk’ by name

Potter not named as nominee in published agenda for next meeting

Updated 12/15/2024: Adds comment from Councilman at Large Scott Discon that he was unaware of Judge Pat Rosenow’s email before the December 5th meeting.

MANDEVILLE — The City Council’s nominating committee met in a public session on December 5th to deliberate on filling a vacant seat on the Planning & Zoning Commission.

The meeting was called following concerns over a potential violation of Louisiana’s Open Meetings Law after Councilman at Large Scott Discon and District I Councilwoman Cynthia Strong-Thompson initially discussed their nomination in private.

During the December 5th meeting, Discon acknowledged the misstep and explained the purpose of the public deliberation, as advised by City Attorney Elizabeth Sconzert, to avoid potential legal challenges.

The council has three applicants for the position: Ernest Burguières, a local attorney and former council member with regional planning expertise; Shawn Potter, Tulane University’s director of institutional research; and Judge Pat Rosenow, a chief administrative law judge with the U.S. Department of Labor.

Ethics Questions Cloud Rosenow’s Candidacy

The discussion took a sharp turn toward ethics concerns surrounding Rosenow’s application.

Sconzert said she contacted Rosenow’s superiors at the Department of Labor in early November to determine if his role as an administrative law judge could present a conflict of interest in serving on the local commission.

This followed the October 24th City Council meeting, where the committee’s initial nomination of Shawn Potter faced opposition from a majority of the council members.

While Sconzert stated her belief that Rosenow did not fall into any disqualifying categories, she sought formal confirmation from federal authorities.

Strong-Thompson revealed that she had also sought an ethics opinion from the Louisiana Attorney General’s office regarding Rosenow’s eligibility, a move that Strong-Thompson said Sconzert admonished as it was done without the city attorney’s knowledge.

Both officials noted that such opinions could take considerable time to obtain, leaving Rosenow’s candidacy in limbo, according to Discon.

“Two are qualified without any asterisk; we’ve got one with an asterisk,” Discon stated, referencing Rosenow’s pending ethics evaluations.

He suggested that Rosenow’s candidacy should be deferred until the questions surrounding his eligibility were resolved, emphasizing that “we appoint someone to the commission once a year, so in a matter of three years all three of these applicants could be on planning and zoning.”

New Evidence Emerges

After the meeting, a public records request by Mandeville Daily uncovered an email sent by Rosenow to Discon and other city officials less than an hour before the December 5th meeting began. In the email, Rosenow attempted to address the ethics concerns raised by the city attorney. He reported that after discussions with the Department of Labor’s Office of Judges General Counsel and solicitor, he was advised that serving on the commission was not prohibited under federal ethics rules.

Rosenow’s email included a summary of the ethics counsel’s opinion: “Thank you for sharing the additional information about the planning commission. As we discussed, this outside activity is not prohibited.”

Sconzert and Discon both stated that they nor other officials were aware of Rosenow’s email, sent at 3:39 p.m., before or during the meeting, which started at 4:30 p.m.

Next Steps

The meeting adjourned without a final nominee, though indications pointed to the committee reiterating its previous nomination of Shawn Potter. The full City Council could vote on the nominee after a public hearing on December 19th.

Whether Rosenow’s email will impact the final decision remains uncertain, but for now, the spotlight remains on the council’s handling of the matter.

The City Council was expected to vote on the nominee — presumably Potter — at the upcoming December 19th regular meeting, however, the agenda published by the City of Mandeville today (December 12th) does not mention Potter’s name:

“Nomination and Appointment of Candidate to the Mandeville Planning and Zoning Commission.”

Under Louisiana law, La. R.S. 42:19(A)(1)(b)(ii)(bb) governs the requirement for reasonable specificity in the agenda items for public meetings, including city council meetings. This statute is part of Louisiana’s Open Meetings Law. It specifies that agendas must include sufficient detail to inform the public of the matters to be discussed at the meeting.

Councilman at Large Jason Zuckerman referenced this at the October 24th meeting as the reason the council couldn’t vote on Potter that night, which they didn’t, after consulting with Sconzert.

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Nominating committee meets again Dec. 5th

Full council to hold public hearing and vote Dec. 19th

MANDEVILLE — The City of Mandeville today released the résumés of the applicants vying to fill an empty seat on the Planning & Zoning Commission.

The city doesn’t voluntarily publish résumés of applicants for such positions without a public records request.

Mandeville Daily filed its request this week and is publishing the information here because we believe such disclosures serve the public interest (Louisiana R.S. §44:12.1A).

Prior to 2020, the city would publish this information on its website once the application period was closed.

A nominating committee made up of Councilman at Large Scott Discon and District I Councilwoman Cynthia Strong-Thompson will meet December 5th at 4:30 p.m. in Council Chambers. That meeting is open to the public, but only a nomination will be made, not the actual appointment.

The appointment, as well as a public hearing for the nominee, must be voted on and held by the full council (CLURO §2.1.2), which will happen at the regularly scheduled meeting December 19th at 6 p.m. in Council Chambers.

Shawn Potter had been nominated by the committee at the October 24th council meeting, but at the November 21st meeting, the council opted to nullify that nomination at the urging of the city attorney due to an Open Meetings Law violation. The re-nominating meeting was then scheduled for December 5th.

Last week, current Planning & Zoning Commissioner Nicholas Cressy circulated a petition to the City Council, urging them to select Potter without mentioning him by name, drawing public criticism from Councilman at Large Jason Zuckerman who was responsible for nominating Cressy to the commission in 2023.

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

Summaries of each application can be found below, or you may click here to download a PDF containing copies of the redacted résumés from the city.

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Shawn Potter

Director of Institutional Research

District I, Age 45

Qualifications

• Mandeville Comprehensive Plan Steering Committee member (2024-Present)
• Mandeville Parks and Parkways Commission member (2023-Present)
• Tulane University staff senator (2023-Present)
• Leadership St. Tammany Class of 2024 graduate (2023-2024)
• Woodstone Subdivision HOA President (2022-2024)

Employment History

• Director of Institutional Research, Tulane University (2013-Present)
• Associate Director of Institutional Research, Tulane University (2007-2013)
• Senior Research Analyst for Institutional Research & Data Management, University of New Orleans (2006-2007)
• Research Analyst for Institutional Research & Data Management, University of New Orleans (2004-2006)

Education

• Master of Business Administration, Health Care Management, Southeastern Louisiana University (2013)
• Bachelor of Science in Business Administration, Management Information Systems, The University of Southern Mississippi (2000)

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Pat Rosenow

District Chief/Administrative Law Judge

United States Air Force (Colonel, Retired)

District II, Age 70

Qualifications/Employment History

• Chief Circuit Trial Judge (2004-Present)
• Staff Judge Advocate, Langley AFB, VA (1999-2004)
• Deputy Chief Trial Judge, Bolling AFB, DC (1997-1999)
• Staff Judge Advocate, March AFB, CA (1993-1997)
• Instructor and Chief, Civil Law Division, USAF JAG School, AL (1987-1990)
• Judge Advocate, Anderson AFB, Guam (1984-1987)
• KC-135 Combat Crew Navigator, Fairchild AFB, WA (1977-1984)

Education

• Torrejon High School, Madrid, Spain
• B.S. (Economics, Operations Management) USAF Academy, 1976 (Top 10% of class)
• J.D. Duke University, 1984 (High Honors)

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Ernest Burguières

Attorney-at-Law

District III, Age 72

Qualifications

• District III City Councilman (2012-2016)
• Member of the Old Mandeville Historic Association / Participant in home tour, having owned an historic home since the mid-1990s (~1995-Present)
• Mandeville Comprehensive Plan Steering Committee member (2024-Present)
• General counsel to the Regional Planning Commission for Orleans, Jefferson, Plaquemines, St. Charles, St. Bernard, St. John the Baptist, St. Tammany and Tangipahoa Parishes (1980-Present)
• Experience with commercial and real estate issues, often involving zoning and land-use issues in the greater New Orleans area, including the French Quarter.
• Commissioner of conservation, Assistant Secretary of the Department of Natural Resources, State of Louisiana (1994-1996)
• Administrative law judge, Louisiana Motor Vehicle Commission (1992-1996) (1997-2004)

Employment History

• Practiced general civil law, including commercial and real estate cases often involving zoning and land-use issues in Greater New Orleans Area and French Quarter, through his private practice (1986-Present)
• Practiced general civil law (1980-1985)

Education

• Bachelor of Science in Business Administration, Loyola University in New Orleans (1975)
• Juris Doctor and Master of Business Administration degrees, Loyola Law School in New Orleans (1980)

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Zuckerman complains to council, officials about ‘offensive’ petition Nicholas Cressy sent to council

Questions ‘appropriateness’ of P&Z member lobbying council during appointment process

MANDEVILLE — Newest Planning & Zoning Commissioner Nicholas Cressy triggered a heated response from Councilman at Large Jason Zuckerman today (November 22nd) over a petition he sent to the council yesterday (November 21st) with 32 signatures urging presumably that Shawn Potter be appointed to the vacant P&Z seat.

Although the petition and Cressy’s email avoid naming any of the three P&Z applicants, the platitudinous language of the text made it clear to Zuckerman and other sources familiar with the situation that Cressy is openly lobbying on behalf of Shawn Potter:

“We ask the City Council to strongly consider a candidate who can bring a fresh, long-term perspective to the commission. Including younger voices in the decision-making process will enhance the diversity and depth of thought on the commission, benefiting all Mandeville residents—today and in the years to come,” Cressy wrote in part.

The ages of applicants for the open P&Z seat are: Judge Pat Rosenow at age 70, Ernest Burguières at age 72, and Potter at only 45.

“I am deeply concerned about the appropriateness of a sitting Planning and Zoning Commissioner circulating what amounts to a petition, weighing in publicly on an appointment for that same Commission, and lobbying the Council during the appointment process,” Zuckerman replied via email to his fellow City Council members, Mayor Clay Madden, and other city officials.

Potter’s nomination to the P&Z hit a procedural snag last night and faces long odds to gain the appointment after three of the five council members expressed opposition to his appointment at the October 24th meeting.

Cressy was nominated to the P&Z by Zuckerman and former District II Councilman Dr. Skelly Kreller to replace Nixon Adams. Cressy was confirmed on August 24th, 2023.

The text from Zuckerman and Cressy’s emails along with the petition are below. Click here to download Cressy’s PDF petition with 32 signatures.

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Text of Zuckerman’s email to City Council and other officials:

Chairman Discon, fellow Council Members, Mayor Madden:

As you all know, I do not participate in discussion or debate concerning matters before the Council via group email, and that is not my intent here in replying to all regarding this email and the “Open Letter to City Council” that is attached to it.

Setting aside the issue of whether considering a “younger” candidate over an “older” candidate because of their age is appropriate (I actually find it offensive), or how one even would define such a thing if one were to consider that, I am deeply concerned about the appropriateness of a sitting Planning and Zoning Commissioner circulating what amounts to a petition, weighing in publicly on an appointment for that same Commission, and lobbying the Council during the appointment process. While this email and petition does not mention any specific current applicant by name, its intent is clear.

In my opinion, it’s inappropriate at the very least and should be addressed by the Planning & Zoning Commission.

Respectfully,

Jason Zuckerman
City of Mandeville, Council At Large

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Text of Nicholas Cressy’s email to the City Council:

Dear Members of the Mandeville City Council:

Please find the attached letter containing 32 signatures from Mandeville residents in support of this public comment. We urge the City Council to consider candidates who can bring a fresh, long-term perspective to the Planning and Zoning Commission, including younger voices. Incorporating younger individuals, particularly parents and young families, will enhance the commission’s diversity and improve decision-making for all Mandeville residents, both now and in the future.

While we value the qualifications of the current applicants, we believe the commission would benefit from more representation from younger individuals who will be directly affected by planning decisions in the years to come. As Mandeville revises its Comprehensive Land Use and Zoning Ordinance (CLURO), we must consider the long-term impact on future generations. The

“Thrive 2048” initiative reminds us of our responsibility to plan for the future, not just for today’s residents but also for those who will inherit this city.

Including diverse age perspectives will help address the needs of families raising children today and ensure that the city develops in a sustainable, vibrant, and safe manner for future generations.

Thank you for your consideration.

NICHOLAS V. CRESSY
Partner
1222 Annunciation Street
New Orleans, LA 70130
Т. 504.605.0777
F. 504.322.3884
nicholas@fcjlaw.com
http://www.fcjlaw.com

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Text of Cressy’s petition to City Council
(Click here to download PDF and view 32 signatures.)

To: The Mandeville City Council

We, the undersigned, respectfully submit this petition to urge the City Council to consider the importance of age diversity when selecting candidates for the open position on the Planning and Zoning Commission.

While we recognize and appreciate the qualifications and capabilities of the current applicants, we believe the commission would benefit greatly from the inclusion of younger perspectives, particularly those of parents and young families. Though the current commission is diverse in terms of gender and race, it lacks significant representation from younger individuals who will be directly impacted by the planning and zoning decisions made in the years to come.

As Mandeville begins the process of revising its Comprehensive Land Use and Zoning Ordinance (CLURO), it is crucial to take into account the long-term implications these decisions will have on future generations. The title of the current planning survey, “Thrive 2048,” underscores the forward-thinking responsibility we carry. Decisions made now will shape our city’s development not only for today’s residents but also for children, grandchildren, and beyond.

For many families, particularly those with young children, it is essential to have a voice in this process. Parents who are raising children today are deeply invested in creating a community that is safe, vibrant, and sustainable for the next generation. A commission that reflects a range of age perspectives will bring more inclusive and innovative solutions to the challenges ahead.

As a millennial, I have seen firsthand the barriers and challenges younger generations face when trying to get involved in local governance. While we are often encouraged to participate, when we do, there is sometimes resistance. However, it is critical that we begin involving the next generation in shaping Mandeville’s future now—before it is our turn to lead. Engaging younger individuals will ensure that we are well-prepared to be responsible stewards of Mandeville, considering not just the immediate needs but the lasting impact of the choices we make today.

We ask the City Council to strongly consider a candidate who can bring a fresh, long-term perspective to the commission. Including younger voices in the decision-making process will enhance the diversity and depth of thought on the commission, benefiting all Mandeville residents—today and in the years to come.

Thank you for your attention to this important matter.

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Vogeltanz, Zuckerman fought to keep nomination, vote

Discon, Strong-Thompson to re-nominate Dec. 5 as ‘remedy’ to Open Meetings violation

Rules do not require committee to meet, just make nomination

Potter expected to receive nomination again

Still faces long odds at Dec. 21 appointment vote

MANDEVILLE — The City Council voted 3-2 (November 21st) in effect to nullify a nomination to the Planning & Zoning Commission it had accepted at the previous meeting after it was acknowledged that the nominating committee likely violated the state’s Open Meetings Law by meeting in private.

Shawn Potter was nominated October 24th by Councilman at Large Scott Discon and District I Councilwoman Cynthia Strong-Thompson who were appointed to a nominating committee by Discon beforehand.

At last night’s regular City Council meeting (November 21st), Discon informed the chamber of his Open Meetings violation, brought to the city attorney’s attention by District II Councilman Kevin Vogeltanz.

City Attorney Elizabeth Sconzert told the council that to avoid potential legal challenges, they should meet again to make the Potter nomination, but this time advertise their meeting and hold it in public.

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I have no reason to believe that that nomination (Potter) is going to change, but the purpose of that meeting is to allow the public to come and comment on the qualifications during that nominating.
— City Attorney Elizabeth Sconzert

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“I think you just need to go back to where the defect is identified. So I think you would need to set a meeting to hold the nominating committee’s discussion of the applicants, and you’d have all the applicants available for that discussion, because it is required under CLURO 2.1.2 that the applicants are there for that hearing,” Sconzert told the council members.

However, this appears to be a misreading of the Comprehensive Land Use Regulation Ordinance (CLURO) §2.1.2, which reads in part:

“No person shall be appointed to the Planning Commission until a public hearing before the City Council attended by the nominee has been held.”

But the nominating committee is not the full City Council — it’s only two of its members, Discon and Strong-Thompson.

The “public hearing” requirement would be satisfied at the regularly scheduled City Council meeting where the actual vote to appoint occurs, not when a small committee might meet to determine their nominee.

The new nomination meeting is scheduled for December 5th at 4:30 p.m. in Council Chambers, with a confirmation vote set for the next regular City Council meeting on December 19th.

But Vogeltanz challenged the delay, arguing that the Open Meetings violation occurred incidental to the nomination itself, which was made during the regular City Council meeting October 24th where it was on the advertised agenda.

“It would seem to me that all the public notice requirements were satisfied. The nomination of Mr. Potter was put into a timely and properly noticed agenda, with timely properly noticed the debate and the vote tonight,” he said.

Resolution 24-60 created new rules for appointing P&Z members as well as the nominating committee, but it does not explicitly say the committee has to meet outside of a regular meeting. Rule 9 directs the nominating committee to make a motion and a second, and makes no mention of a meeting.

Councilman at Large Jason Zuckerman joined Vogeltanz in his dissent:

“That seems like sort of an extreme remedy. … So is the nomination not valid, is that what you are saying?”

Sconzert replied, “I think you just need to start from that process (nomination) over. To make sure that you give those opportunities to the public. That would make it compliant … If you have a violation, you have to correct the defect.”

Zuckerman asked Discon to confirm that the vote last night was going to nullify the Potter nomination: “So Mr. Chairman (Discon)… so this ruling is in effect … voiding the nomination that was previously made (October 24th)?”

Discon replied, “That’s the way I would read it.”

The Potter nomination was likely to have failed last night as Zuckerman, District III Councilwoman Jill McGuire, and Vogeltanz had voiced their opposition to the Potter nomination at the previous meeting.

Because Discon, who also currently serves as the council chairman and presiding officer at meetings, ruled from the chair to cancel the Potter vote last night, Vogeltanz appealed that ruling under Robert’s Rules of Order Newly Revised 12th Edition (RRNR).

Under RRNR (§41:63), removing items from an agenda requires a majority vote of the council, but Discon made the decision unilaterally, hence Vogeltanz’s appeal.

The appeal lost 3-2, with only Vogeltanz and Zuckerman voting to move forward with the Potter vote. McGuire sided with Discon and Strong-Thompson, citing Sconzert’s concerns about a potential legal challenge should they have rejected Potter last night.

According to RRNR (§35), because the Potter nomination had been acted upon at the previous meeting, the correct procedure would have been a “motion to rescind” a previous action, which also would have required a majority of the council to approve.

Under the state’s Open Meetings Law, each violation of the law could result in a $500 fine per person.

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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.

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.

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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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.

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.

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.

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

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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.

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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

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“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.

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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.”

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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.

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

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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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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.

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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?”

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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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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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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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.

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.

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.

“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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’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.

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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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.

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.

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

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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.

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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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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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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

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

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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.

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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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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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.

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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

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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.

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.

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…”

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.

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.

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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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.

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.

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.

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

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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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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.

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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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