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Joy Rabalais rabalais@bornewilkes.com

Rayne Document Production (Richard PRR - Culverts & Adams Alley inquiries)
June 24, 2016 at 5:08 PM
whirl400@yahoo.com
Heather Carrasco CARRASCO@bornewilkes.com, annette.cutrera@rayne.org

Dear Ms. Richard,

First of all, thank you for your patience in awaiting this formal response. As your request was multi-faceted, it
required 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 documents
responsive 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.

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 Council
Meeting 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
purchases? How do you verify the accuracy of the expenses of the labor and material used for each project? Please
provide documents that would explain what method of accounting the city uses that doesnt include work orders or
retaining 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 attach
these 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 and
Thomas 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 illafford 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.

Joy
Joy C. Rabalais
Borne, Wilkes & Rabalais, L.L.C.
337-232-1604 Ext. 232
P. O. Box 4305
Lafayette, LA 70502-4305
rabalais@bornewilkes.com
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PUBLIC WORKS 5-2516 TO 6-7-16.xlsx

Public Works Time

Cards 5.pdf

Public Works Time

Cards 1.pdf

Public Works Time

Cards 6.pdf

Public Works Time

Cards 2.pdf

Public Works Time

Cards 3.pdf

Public Works Time

Cards 4.pdf

Agenda - June
2015.doc

Agenda - May 2015.doc

SIGNED MINUTES
(Adams All p. 244).pdf

MINUTES - June 8,
2015.doc

Policy and Procedures

for Purchasing.pdf

MINUTES - May 11,

2015.doc