The Lafayette Parish Democratic Party Executive Committee has been seeking to determine if the Josh Guillory Administration has violated federal laws.
Indeed, in response to an explicit question if federal funds subject to environmental and archaeological protection, the Josh Guillory Administration refused to answer the question and refused to provide records as required.
We quote from a DPEC email dated July 27, 2022 written by Michael Hebert, LCG attorney:
“While your request does not explicitly seek an answer to these questions, we must make it clear nevertheless that the Louisiana Public Records Law does not require LCG to answer questions or inquiries or create records to respond to a public records request, and LCG routinely, as here, declines to do so.”
As detailed on this blog, the spoil bank project on Bayou Vermilion may have degraded archaeological and environmental resources by not following funding guides for the expenditure of federal funds. As a result, the administration may be required to return the project area to its pre-project condition. They may also be required to return the funds or pay fines.
Our first request for public records on June 30, 2022 resulted in disclosure of four files. The response was not responsive to our request. In particular, these files were not present released:
-1- An Environmental Impact Statement (EIS),
-2- Section 404 Wetland Permit,
-3- Section 106 Permit for preservation of archaeological resources, and
-4- Letter of award from the federal funding agency.
Our second request specified these documents as listed above as well as others.
In response, the the Josh Guillory Administration has delayed responding by stating the files cannot be located for a period of nearly five months. Indeed, the Josh Guillory Administration has not responded within the time frames set by themselves (as stated below).
The files being request are specific files that professionals familiar with the federal funding would readily have access. Perhaps the reason that they cannot be found is that the environmental and archaeological clearances were never implemented and filed with the granting agency. Or then again, perhaps the files are in disarray. In either case, the lack of response indicates either bad faith or incompetence in losing track of some $80 million dollars in federal funding.
The Josh Guillory Administration has stated that some files may be withheld due to being exempt. In this case, we have requested an inventory with these descriptors.
Here is a list of our requests and the four files previously released:
June 28, 2022
DPEC’s First Public Records Request – National Environmental Protection Act (NEPA)
June 30, 2022
DPEC’s Email submission to LCG of First Public Record Request
July 13, 2022
LCG email reply to First Public Record Request – four files not corresponding to request:
-1- Wetland delineation within the project area
-2- A phase 1 assessment of the project area
-3- Ordinance 062-2021 appropriating funds to the spoil bank project
-4- Ordinance 080-2020 authorizing quick take of private property for public purposes
July 21, 2022
DPEC’s Second Public Record Request – Specific Files named and described
July 27, 2022
LCG email reply stating 45 business days required to reply by September 29, 2022
Responded an additional 8 business days later (October 10, 2022).
October 10, 2022
LCG email reply stating another 20 days required to reply by October 30, 2022.
Not responded as of 9 days later as of November 17, 2002.