In the complex world of New Orleans politics, recent events have highlighted growing tensions between the City Council, the School Board, and Mayor LaToya Cantrell. Councilmembers Joe Giarrusso and JP Morrell have publicly accused Mayor Cantrell of backing out of a $20 million settlement intended for the Orleans Parish School Board. However, a closer look reveals a mix of legal requirements, political strategies, and personal motives suggest maybe what they say is different from what is really gong on.
Related: NO City Council Sets Dangerous Precedent
Legal Foundations and Procedural Missteps
Let’s break it down:
- Councilman Giarrusso drafted a term sheet: This was merely a draft, not a finalized, signed agreement.
- Lack of necessary approvals: The term sheet was never approved by the City Attorney or the Mayor, rendering it without legal standing.
- Authority of the Law Department: According to the New Orleans City Charter Section 4-401, the Law Department, led by the City Attorney, is responsible for overseeing the city’s legal matters and must prepare or approve all contracts affecting the city.
- Role of the Chief Administrative Officer (CAO): Section 4-302 of the City Charter states that the CAO supervises all department heads (except for the Law and Civil Service Departments), prepares the city’s operating budget and keeps the Mayor and Council informed about city finances.
- State law on tax collection fees: Louisiana Revised Statute 47:1997.1 requires that each tax recipient governing body in Orleans Parish reimburse the city’s Director of Finance for the costs associated with collecting ad valorem taxes, with the collection cost not exceeding two percent.
Despite these requirements, the City Council proceeded to announce the settlement publicly, effectively putting the cart before the horse. By skipping the necessary legal steps and making the deal public prematurely, the Council not only overstepped its authority but also set the stage for the current standoff.
Political Undercurrents and Personal Dynamics
The political environment adds another layer of complexity. Mayor Cantrell is in the final year of her term, And she is facing several challenges that have seemingly weakened her political position. Rumors suggest potential legal indictments related to alleged bribery involving city contracts. And she is dealing with widely publicized personal controversies. These issues have combined to create a perception of her as a lame-duck leader.
Councilmember JP Morrell has been especially vocal, using platforms like Instagram to express his frustration with the Mayor’s administration. In one post, he criticized the “intentional incompetence” he perceives within the administration. While his passion is clear, relying on personal attacks instead of solid, fact-based arguments raises questions about his true motivations.
Councilmember Giarrusso is a lawyer. He should recognize the procedural errors in advancing an agreement without necessary legal approvals. His public complaints appear to strategically divert attention from these mistakes, focusing instead on the Mayor’s alleged stubbornness.
The Intersection of Law and Political Expediency
The Council’s push for full funding of schools is, on the surface, a worthy goal. However, using this issue amid the Mayor’s current vulnerabilities suggests a calculated political move. By promoting a cause with strong public support, the Council positions itself favorably, especially when contrasted with a struggling Mayor.
Yet, the core issue remains legal. Without proper authorization, the Mayor is legally obligated to withhold action on the proposed settlement. The Council’s public criticisms suggest a disingenuous approach, prioritizing political gain over genuine solutions.
A Path Forward: Collaboration Over Confrontation
If the true goal is to serve the best interests of New Orleans’ students, a cooperative approach is essential. The Council and the Mayor’s administration need to engage in constructive discussions, adhering to established legal procedures to reach a mutually acceptable solution. Public grandstanding and attempts to pressure the Mayor into compliance are counterproductive and detract from the primary objective of supporting the city’s schools.
If They Really Cared About Kids, They’d Work With the Administration
Here’s the truth: If the City Council really cared about funding schools, they’d be working with the Mayor’s administration. Instead they are trying to bully her into doing what they want.
The law is not on their side. They know it. They jumped the gun, made promises they couldn’t legally keep. And now they’re blaming the Mayor instead of fixing their own mistake.
Instead of playing politics, the Council should do their job the right way. Follow legal procedures, getting real approvals, and working as a team.
Because in the end, the law doesn’t care about who shouts the loudest.