Hessmer Council still says it does not owe cell phone bill

May seek 'declaratory judgment' from district court

Hessmer’s mayor and aldermen still contend the village does not owe a bill for cell phone service that was not approved by the Village Council.

Town Attorney Brandon Scott told the council at its May 6 meeting that he will probably file a “motion for declaratory judgment” in 12th Judicial District Court asking a judge to rule on whether the village must pay Verizon for that service. The bill is almost $3,000.

The council once again approved all of April’s bills except the Verizon bill for the Police Department cell phone service.

Verizon discontinued that service on April 1.

Mayor Travis Franks said both the town attorney and the auditor have said the council cannot pay the bill because the contract with Verizon was not approved by the council.

NOT A NEW CONTRACT

Smith has contended that the Police Department did not enter into a new contract but merely had Verizon make changes to the service to correct problems the department was having with its cell phones.

Franks told Smith at the meeting that the town has offered the Police Department two cell phones through its contract with AT&T and that offer still stands.

Smith said he has purchased cell phones for the department through personal funds and does not need the village’s cell phones.

AG OPINIONS

Scott said there are numerous Attorney General’s opinions concerning the powers of a police chief in a municipality governed under the state Lawrason Act.

There is an opinion that finds a police chief has the authority to choose the cell phone provider for the department, Scott said.

However, there are also opinions that say only the board of aldermen can contractually bind the municipality.

In short, the issue is not whether Smith could come to the council and say he wants Verizon to serve his department, but that Smith did not come to the council about the cell phone service at all.

Franks also took the opportunity to tell Smith that his criticism of the council for not providing radars and body cameras is unfounded.

The mayor said the council approved purchasing radars and body cameras in December but never received any quotes from Smith on how much the equipment would cost.

Smith said he would try to purchase used/refurbished body cameras through the state.

TWO TRUCKS FOR SALE

In another matter, the council authorized readvertising to sell two pickup trucks.

The village did not receive any bids for the minimum set in the last advertisement, so the council reduced the minimum to try one more.

A 2000 Chevy 2500 HD with utility bed has a $500 minimum bid. A 2004 Ford Ranger with a utility bed has a minimum of $1,000.

The trucks can be viewed at 4142 Bordelon St. from 8 a.m. to 4 p.m. Monday-Thursday and 8 a.m. to 12 noon on Fridays.

Bids will be accepted until 2 p.m. June 3. The bids will be opened and the council will act on the issue at its 5:30 p.m. meeting that day.

In other business, the council:

-- Was told it had received a $9,900 Community Water Enrichment Fund grant for the Water Department and also had a $10,000 Local Government Assistance Program grant available to make security improvements around Town Hall.

-- Was told the village’s general insurance costs would increase by $4,400. However, worker’s compensation insurance cost will decrease, thus reducing the overall impact to the budget.

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