rayne document production richard prr culverts adams alley inquiries

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  • 7/25/2019 Rayne Document Production Richard PRR Culverts Adams Alley Inquiries

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    From: Joy Rabalais [email protected]: Rayne Document Production (Richard PRR - Culverts & Adams Alley inquiries)

    Date: June 24, 2016 at 5:08 PMTo: [email protected]: Heather Carrasco [email protected], [email protected]

    Dear Ms. Richard,

    First of all, thank you for your patience in awaiting this formal response. As your request was multi-faceted, itrequired meeting and discussions with multiple city employees in different departments. Please allow this email to stand

    as the City's formal response to the information you requested. You asked for all public documents that would explain

    the following:

    Who accepted delivery of the pipes, used on the mayors property, at the city barn? Where is this delivery slip? Why

    wasnt it retained?

    As you know, to the extent that your inquiry does not request documents, but instead, poses questions in the nature of

    interrogatories, those questions will not be answered herein. Answering any such questions is outside the scope of the

    obligations imposed by the Louisiana Public Records Law.

    After inquiry, we have been advised that the delivery slip for the pipe that was delivered to the city barn was provided

    to the purchaser of the pipe (which as previously stated, was not the City of Rayne). Pursuant to La. R.S. 44:34, the

    reason for the absence of the copy of any delivery slip from the City's records is because (1) it was never a record

    "having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance

    of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the

    authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or

    order of any public body or concerning the receipt or payment of any money received or paid by or under the authority

    of the constitution or the laws of this state" as defined by La. R.S. 44:1(A)(2)(a), and hence, never was a public

    record.; and (2) the delivery slip was provided to the purchaser of the pipe, as is the standard and normal operating

    practice of the public works department for the City of Rayne for purchases not made by the City.

    Who ordered the installation of the pipe to begin so early in the morning? What time does the Street department

    normally begin their work day? Did these employees earn overtime for their early start? Did they get off early that

    day?

    Again, as stated above, these inquiries do not specifically request any documents but are in the nature of

    interrogatories which do not need to be answered under the Public Records Act. However, in an effort to provide

    documents to you regarding the public works/street department's employee hours, we have attached hereto a copy of the

    time sheets for both full-time and part-time Public Works employees, as well as a listing of those persons employed by

    the Public Works Department for the City of Rayne. A specific record for the time work began or ended is not kept in

    the normal course of business for the City of Rayne; thus, no such document exists. However, full-time workers work

    up to 40 hours per week and part-time workers work up to 29 hours per week. Workers are directed by the department

    head, Mr. Senegal as to work day hours, especially in light of the fact that we live in south Louisiana and many of the

    department's projects need to be planned around inclement weather.

    When was the work order expressed to the drainage/street department for the installation of the pipe?

    The City of Rayne's Public Works Department does not use work orders. Therefore, there are no documentsresponsive to this request.

    What city fund does the labor and equipment used to install the culverts come from? How much did the installation

    cost the taxpayers?

    Again, these inquiries do not ask for specific documents; however, in the interest of advising which City Funds are

    used for labor and equipment, please note that the monies paid for labor and equipment for any/all projects performed by

    the Public Works Department comes from the General Fund (Fund 02) Street Department (Department 13).

    Please provide the ordinance enacted to install Do Not Enter signs at the end of Adams Alley.

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    An ordinance is not needed to install signs in the City of Rayne. Rayne Code of Ordinances, Sec. 74-11 deals with

    "one way streets" and reads: "The mayor and board of alderman may from time to time designate specified streets for

    one-way traffic only. Appropriate signs may be erecting giving notice of such designation, and vehicles operated thereon

    shall be operated in accordance with R.S. 32:78(B)." See also, Sec. 74-131. - Turning regulations at specific places. The

    mayor and board of aldermen may from time to time designate places and directions in which turning movements may

    be made or prohibited. Appropriate signs, signals or markings shall be installed giving notice of such designation and it

    shall be unlawful to violate or fail to comply with any such sign, signal or marking.

    The documents which are responsive to this request are attached. It includes the May 2015 and June 2015 CouncilMeeting Agendas; the articles in local newspapers; as well as the City Council Meeting Minutes from the May and June

    2015 Council Meetings, wherein the board voted by way of resolution to designate Adams Alley a one-way street.

    Who ordered the signs to be installed? Who paid for the signs? Has this ally been converted to a one way street? How

    long have the signs been there?

    Again, these questions do not seek specific documents and do not require a response; however, payment for the signs

    was made by the City via General Fund (Fund 02) Street Department (Department 13). Also, see attached June 2015

    Agenda, Minutes and newspaper articles previously attached.

    What types of checks and balances are in place in the City of Rayne to prevent public funds being used for private

    urchases? How do you verify the accuracy of the expenses of the labor and material used for each project? Please

    rovide documents that would explain what method of accounting the city uses that doesnt include work orders orretaining delivery slips.

    I am still awaiting response from the City's accountant to see if there are any documents responsive to this request. In

    the interim, however, please see the attached Policy and Procedures for Purchasing which are followed by the City. This

    portion of the response may be supplemented once we hear back from the City Accountant.

    Finally, while I understand that you heard a rumor, please rest assured that the city has diligently searched for any

    record which could possibly be responsive to your requests. After further review and more direct inquiry, Ms. Cutrera

    did find a statement from Doug Ashy for the month of May, which was in a basket pending payment on your first

    request. As you can see from the attached statement to the City, there is a charge on May 26th for pipe, then a Credit

    Memo is the next line entry crediting the City for the charge of the pipe. The City Clerk took the additional step of

    obtaining from Doug Ashy an actual copy of the invoice it printed (but did not submit to the City for payment) in error,

    as well as the Credit Memo noting the error (the invoice and credit memo were received by the City today). We attachthese documents, as well.

    I do believe that we have gone above and beyond your questions and tried to anticipate in many instances what types

    of documents you were seeking. And although no more explanation is required based on your inquiry, we would like to

    direct you to the City's ordinances generally, and specifically, the provisions of Chapter 66, Section 66-1 and Chapter 78,

    Section 78-107 which are both in place to prevent citizens from taking it upon themselves to close in a public ditch with

    hydraulically inadequate culverts or structures. In spite of these regulations, often enough, knowingly or unknowingly,

    people do their own thing and contribute to drainage problems everywhere. As you may or may not know, clogging and

    obstructions inside inadequate culverts dont emerge overnight. Rather, the problem typically occurs over long periods

    of time, with gradual siltation at first and acceleration of the clogging process as it causes more and more buildup of soil,

    leaves, debris, etc.

    The City's public works department works from an official drainage map produced many years ago by Barnard andThomas Engineers, Inc., which was meant to help keep the city in compliance with the provisions of those sections of

    the city's ordinances which call for input from the city engineer . Establishing proper elevations of new culverts is

    very difficult, because existing driveways and street crossings downstream control the flow. The City of Rayne can ill-

    afford to remove and re-lay every downstream culvert to proper grade each time a problem arises due to an improperly

    installed culvert by a private homeowner. Thus, it is the City's long-standing policy to allow and encourage private

    citizens to call upon the City for aide when placing new culverts, so that they can be laid at proper elevations that keep

    the ditches flowing within the constraints of the City's existing drainage system infrastructure.

    As always, if you have any questions, please do not hesitate to contact me.

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    Joy

    Joy C. Rabalais

    Borne, Wilkes & Rabalais, L.L.C.

    337-232-1604 Ext. 232

    P. O. Box 4305Lafayette, LA 70502-4305

    [email protected]

    OUR SYSTEM NOW SCANS AND FILTERS ALL INCOMING E-MAIL FOR INAPPROPRIATE CONTENT. ANY

    SUCH E-MAIL WILL NOT BE DELIVERED TO THE INTENDED RECIPIENT. IF YOU DO NOT RECEIVE A

    TIMELY REPLY TO YOUR E-MAIL, PLEASE CALL 337-232-1604.

    CONFIDENTIALITY NOTE

    The information contained in this e-mail message is legally privileged and confidential information intended only for the

    use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby

    notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail

    transmission in error, please immediately notify us by telephone (337-232-1604). Thank you.

    PUBLIC WORKS 5-25-

    16 TO 6-7-16.xlsx

    Public Works Time

    Cards 1.pdf

    Public Works Time

    Cards 2.pdf

    Public Works Time

    Cards 3.pdf

    Public Works Time

    Cards 4.pdf

    Public Works Time

    Cards 5.pdf

    Public Works Time

    Cards 6.pdf

    mailto:[email protected]
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    Agenda - June

    2015.docAgenda - May 2015.doc MINUTES - June 8,

    2015.doc

    MINUTES - May 11,

    2015.doc

    SIGNED MINUTES

    (Adams All p. 244).pdf

    Policy and Procedures

    for Purchasing.pdf

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