PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET, BREAUX BRIDGE, LOUISIANA 70517, AT 6:00 P.M. ON TUESDAY, SEPTEMBER 10, 2019.

Mayor Ricky Calais called the meeting to order, the Invocation and Pledge of Allegiance were recited.

Present:  Ryan Breaux, Scotty Borel, Ernest “E. J.” Ledet, Neil Melancon and Eddy Leblanc.

Absent:  None

Monthly budget-to-actual comparisons on the General Fund, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the Councilmen and Mayor.

Upon Motion of Eddy LeBlanc, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen approved the minutes of the August 13, 2019 City Council meeting.

Upon motion of Ryan Breaux, duly seconded by Neil Melancon, the Board of Aldermen opened a public hearing for Ordinance #2252 (An ordinance to amend Chapter 2, Article V, of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by repeal, amendment, revision, enactment and/or re-enactment of Sections 2-148 through 2-150, relative to employee policies and procedures.)

Mayor Calais gave a brief description of the contents and purpose of this ordinance.  He explained that new state legislation has required additional training on the subject of sexual harassment for all public employees.  This ordinance would add this requirement to the City’s current policies.
Alderman Melancon asked if the Mayor and Aldermen were subject this  requirement to which the Mayor responded that they were.
Alderman Melancon inquired about the portion of the ordinance that referenced the reports shall be public record and asked if it would be posted to the City’s website.
Attorney Hebert responded that this was stating that this, like most of what the City does, would simply be subject to the Public Records Law. 

Having no further input and upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen moved to close the public hearing on Ordinance #2252.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen, adopted Ordinance #2252 (An ordinance to amend Chapter 2, Article V, of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by repeal, amendment, revision, enactment and/or re-enactment of Sections 2-148 through 2-150, relative to employee policies and procedures.)

ORDINANCE NUMBER 2252

An ordinance to amend Chapter 2, Article V, of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by repeal, amendment, revision, enactment and/or re-enactment of Sections 2-148 through 2-150, relative to employee policies and procedures.

BE IT ORDAINED by the Mayor and Board of Alderman of the City of Breaux Bridge, Louisiana, duly convened in regular session on the 10th day of September, 2019, that Chapter 2, Article V, of the Code of Ordinances for the City of Breaux Bridge, Louisiana, be amended by the repeal, amendment, revision, enactment and/or re-enactment of Sections 2-148 through 2-150 as follows:

Sec. 2-148.  Harassment Policy

This represents the corporate policy of the City of Breaux Bridge concerning harassment – both general and sexual.  Any questions concerning the context of this policy should be discussed with your immediate supervisor or the Mayor.

It is the City of Breaux Bridge’s belief that its employees are the primary means by which the goals and objectives of the organization will be met.  All employees of the City of Breaux Bridge must understand its position on harassment.  By definition, harassment is any unwanted physical or verbal conduct or action prohibited by law by someone in the workplace that creates an intimidation, hostile, or offensive work environment, including discrimination and sexual harassment.

The management of the City of Breaux Bridge strongly disapproves of activity which falls within the definitions of unlawful harassment and will take appropriate action to end said harassment and/or prevent the recurrence of any such misconduct.  Any form of harassment or discrimination that violates federal, state, or local law, including but not limited to that which is related to an individual’s race, religion, color, sex, sexual orientation, national origin, pregnancy, age, disability, or other traits, characteristics, or activities that are protected by law, is a violation of this policy and will be treated as a disciplinary matter.

The procedure for reporting and dealing with these very sensitive issues is as follows:

  1. If a person’s behavior makes an employee uncomfortable, the employee should feel free to immediately advise the person that, in the employee’s opinion, the behavior is inappropriate and that the employee would like it stopped.
  2. If the employee is not comfortable discussing the issue with the person, or if the person fails to respect an employee’s request, the employee should report the incident to his or her immediate supervisor.  If, for whatever reason, the employee does not feel that the supervisor is a suitable person to whom to report the incident, the employee should contact the Mayor or his designee at (337) 332-2171.

More specifically as to the issue of Sexual Harassment, it may be defined as unsolicited, offensive behavior that inappropriately asserts sexuality over employees including but not limited to the following.

  1. Verbal:  Sexual innuendos, suggestive comments, threats, sexual humor;
  2. Non-Verbal:  Leering, whistling, obscene gestures; and
  3. Physical:  Touching, brushing the body, coerced sexual activity, assault.

Whether or not a particular incident is sexual harassment requires a complete factual investigation, and the City of Breaux Bridge will conduct such investigations on all complaints in a manner so as not to cause any serious effect on innocent employees who either file a complaint and/or may be the subject of a filed complaint.  In all instances, a prompt and thorough investigation will take place, giving careful consideration to protect the rights and dignity of all persons involved.  The City of Breaux Bridge will take those steps it feels necessary to resolve the problem, which may include verbal or written reprimand, suspension or termination.

It must be understood also that the City of Breaux Bridge will investigate by gathering information, in as confidential manner as possible, given the need to investigate the complaint, from all concerned parties, and will not retaliate against any employee as a result of reports of alleged harassment or cooperation with any investigation.  The City of Breaux Bridge may consult its legal representative for assistance in determining whether conduct which as occurred does in fact constitute sexual harassment.  The City of Breaux Bridge may also make subsequent inquiries from time to time to ensure offensive conduct does not resume and/or that the subject of such harassment has not suffered any retaliation.  No retaliation of any kind will be tolerated because an employee in good faith reports an incident of suspected harassment.  The supervisor, or other person to whom the complaint was made, will work to establish mutually agreed upon safeguards against retaliation while attempting to mediate any sexual harassment complaint.

Any employee who believes he or she has been subjected to unlawful harassment, sexual harassment, or retaliated against for reporting such activities or assisting in a related investigation of such activities must report the alleged act immediately or as soon as possible to the employee’s immediate supervisor or to the Mayor.  It is not necessary to complain to an offending supervisor in order to report sexual harassment.

Any employee, manager, or supervisor found by the City of Breaux Bridge to have unlawfully harassed, sexually harassed otherwise unlawfully discriminated against, or unlawfully retaliated against another employee will be subject to appropriate discipline, up to and including termination.

The foregoing policies shall be subject to and conform to existing federal and state laws, more particularly, the Civil Rights Act of 1964 and La. R.S. 23:301 et seq.  

Sec. 2-149.  Mandatory Training Requirements to Prevent Sexual Harassment

(a)        (1) Each public servant shall receive a minimum of one hour of education and training on preventing sexual harassment during each full calendar year of his public employment or term of office, as the case may be.

(2)        An agency head shall require supervisors and any persons designated by the agency to accept or investigate a complaint of sexual harassment in his agency to receive additional education and training.

(b)        The education and training required pursuant to this Section may be received either in person or via the internet through training and education materials approved by the public servant’s agency head.

(c)        Each agency head shall ensure that each public servant in the agency is notified of the agency’s policy against sexual harassment and the mandatory training requirement on preventing sexual harassment. The agency head, or its designee, shall be responsible for maintaining records of the compliance of each public servant in the agency with the mandatory training requirement. Each public servant’s record of compliance shall be a public record and available to the public in accordance with the Public Records Law.

(d)       Each agency head shall ensure that its policy against sexual harassment and its complaint procedure is prominently posted on its website or, if the agency does not have a website, that a notice on how to obtain the information is posted in a conspicuous location in each of the agency’s offices.

Sec. 2-150.  Mandatory Reports

(a)        Each agency head shall compile an annual report by February first of each year containing information from the previous calendar year regarding his agency’s compliance including the number and percentage of public servants in his agency who have completed the training requirements, the number of sexual harassment complaints received by his agency, the number of complaints which resulted in a finding that sexual harassment occurred, the number of complaints in which the finding of sexual harassment resulted in discipline or corrective action, and the amount of time it took to resolve each complaint. These reports shall be public record and available to the public in the manner provided by the Public Records Law.

BE IT FURTHER ORDAINED that the provisions of this Ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

THIS ORDINANCE shall become effective immediately upon the signature of the Mayor and the Clerk of the City of Breaux Bridge, Louisiana.

BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 10th day of September, 2019, that this ordinance shall become effective immediately upon the signature of the Mayor.

UPON MOTION of Ernest “E.J.” Ledet, seconded by Eddy LeBlanc, and upon verification and assurance that the foregoing ordinance was:

1.         Introduced on August 13, 2019, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;

2.         Disseminated to the Mayor and all Aldermen;

3.         Published, by title, in the official journal of the city of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and

4.         Presented at a public hearing held on the 10th day of September, 2019, the Board of Aldermen, on the 10th day of September, 2019, adopted Ordinance Number 2252 by virtue of the following votes:

YEAS:            Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Neil Melancon, Eddy LeBlanc

NAYS:  None

ABSENT:  None

ABSENTIONS: None

ATTEST:                                                                               APPROVED:

KRISTI LEBLANC,                                                            RICKY CALAIS,

CITY CLERK                                                                         MAYOR                   

DATE                                                                                      DATE

Upon motion of Ernest “E.J.” Ledet, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen opened a public hearing for Ordinance #2253 (An Ordinance of the City of Breaux Bridge, Louisiana to establish and collect sewer rates and charges to extend sewer facilities and services to areas of the City located outside of current sewer system, and matters related thereto).

Mayor Calais gave a brief explanation of this Ordinance.  He explained that residents wanting to connect to the City’s sewer infrastructure would have a $20.50 per month for ten years surcharge on their utility bill for the cost of connecting.  He mentioned areas currently within the City that were not able to access City sewer that would be able to with this implemented.  They included Kelli Drive, Bayou Lane and parts of Berard Street and South Poydras.

Having no further input and upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen closed the public hearing for Ordinance #2253.

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted Ordinance #2253 (An Ordinance of the City of Breaux Bridge, Louisiana to establish and collect sewer rates and charges to extend sewer facilities and services to areas of the City located outside of current sewer system, and matters related thereto).

ORDINANCE 2253

AN ORDINANCE OF THE CITY OF BREAUX BRIDGE, LOUISIANA TO ESTABLISH AND COLLECT SEWER RATES AND CHARGES TO EXTEND SEWER FACILITIES AND SERVICES TO AREAS OF THE CITY LOCATED OUTSIDE OF CURRENT SEWER SYSTEM, AND MATTERS RELATED THERETO.

WHEREAS, the Board of Aldermen for the City of Breaux Bridge, Louisiana adopted Ordinance No. 1088 on October 26, 1982 for the benefit of the City and its residents in order that the needs for sewer services would be met.

WHEREAS, the corporate limits of the City of Breaux Bridge, Louisiana have expanded and the population therein has increased causing a strain and/or lack of sewer infrastructure for its residents.

WHEREAS, the City desires to provide additional capacity and reliability of sewer infrastructure in all areas of the City of Breaux Bridge, Louisiana.

WHEREAS, pursuant to LSA-R.S. 33:4001, the City may own, purchase, acquire, construct, extend, equip, operate, and maintain within and without its corporate limits, a sewer system, sewer collection system, sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations and all other appurtenances necessary for the collection, treatment, purification and disposal in a sanitary manner of the liquid and solid waste and sewage of the municipal corporation.

WHEREAS, pursuant to LSA-R.S. 33:4002, the City may by ordinance or resolution establish, maintain, and collect rates, charges, or connection charges for the use of and service rendered by the sewer system to be paid by the owner of each parcel of real estate or building that is connected with or in any way uses or is served by the sewer system of the municipality, and may re-adjust the rates, charges or connection charges from time to time.

WHEREAS, new user areas needing sewer infrastructure within the corporate limits of the City of Breaux Bridge, Louisiana include, but are not limited to properties along East Bridge Street, Doyle Melancon Road, Kelli Drive, South Poydras Street, North Berard Street, Bayou Lane Subdivision, North Bridge Subdivision, Bear Creek Subdivision, Spanish Moss Lane, Rees Street Extension, and Bayou Bend Subdivision (collectively, the “New User Areas”).

WHEREAS, the cost of the sewer (and water) connections, equipment, service pipes, labor and engineering for the New User Areas was ascertained by the City’s engineer and in order to afford Users sewer services in the New User Areas it is necessary that a portion of these costs be charged to each User in the New User Areas. 

WHEREAS, in addition to standard sewer User Charges, as defined in Ordinance No. 1088, each new User in the New User Areas shall incur a monthly charge in the amount of $20.50 which shall commence upon such User’s connection to the City’s sewer system, and shall continue for a period of one hundred twenty (120) consecutive months.

BE IT ORDAINED by the Board of Aldermen for the City of Breaux Bridge,Louisiana, duly convened in regular session on the 10th day of September, 2019, that upon connection to the City’s sewer system, the current User rates, charges and/or connection charges for the use of and service rendered by the City’s sewer system shall be charged to each new User in the New User Areas, which shall be collected by the City of Breaux Bridge.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana that upon connection to the City’s sewer system, and in addition to the User rates, charges and/or connection charges for the use of and service rendered by the sewer system set forth above, each new User in the New User Areas shall be charged a monthly fee in the amount of $20.50, which fee shall commence upon such User’s connection to the City’s sewer system and shall continue for a period of 120 consecutive months, and such fee for such period shall be collected by the City of Breaux Bridge.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.

BE IT FURTHER ORDAINED that the provisions of this Ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 10th day of September, 2019, that this Ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt by the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.

UPON MOTION of Neil Melancon seconded by Eddy LeBlanc, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on August 13, 2019, at the regular meeting of the
    Mayor and Board of Aldermen for the City of Breaux Bridge, Louisiana;
  • Disseminated to the Mayor and all aldermen;
  • Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with notice of the time and place of its consideration for formal adoption; and
  • Presented at a public hearing held on the 10th day of September, 2019, the Board of Aldermen, on the 10th day of September, 2019, adopted Ordinance Number 2253 by virtue of the following votes:

YEAS: Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Neil Melancon, Eddy LeBlanc

NAYS:       None

ABSENT:       None

ABSTENTENTIONS: None

ATTEST:                                                                     APPROVED:

KRISTI LEBLANC, CITY CLERK                         RICKY CALAIS, MAYOR

Date:                                                                           Date:                                                  

Upon motion of Eddy LeBlanc, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen introduced Ordinance #2254 (An ordinance to amend Chapter 18, Article II of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 18-51 through 18-57, relative to drainage structure installation).

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc, and unanimously carried, the Board of Aldermen approved the reappointment of Lennet Guidry to the City of Breaux Bridge Municipal Police and Fire Civil Service Board.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Ryan Breaux, and unanimously carried by the Board of Aldermen, the meeting was adjourned.

_____________________________                                      ______________________________

Kristi LeBlanc, City Clerk                                                      Ricky Calais, Mayor