Former LUS director Huval endorses charter amendment to protect utility

Claire Taylor | The Daily Advertiser

Show Caption Hide Caption Terry Huval explains endorsement of Home Rule Charter amendment Long-time Lafayette Utilities System Director Terry Huval who retired in July endorsed a proposed Lafayette Parish Home Rule Charter amendment on the Dec. 8, 2018, ballot.

If you want to protect the city of Lafayette and "its greatest asset, the Lafayette Utilities System," vote in favor of the Home Rule Charter amendment on the Dec. 8 ballot.

That's the message long-time LUS Director Terry Huval, who retired in July, had for Lafayette Parish voters as he endorsed the charter amendment Thursday.

"The people of Lafayette really do cherish this utility system," Huval told The Daily Advertiser. "It's an important part of what makes the city run, as well as provides for economic viability to our city, and we need to do everything we can to protect that."

The Dec. 8 charter amendment would do two things involving LUS. First, it would create a five-person council comprised just of Lafayette residents to serve as a city council. That city council would be the governing board for LUS instead of the Lafayette Public Utilities Authority.

RELATED: LUS management, term limits part of charter proposal

Second, the charter amendment would require a vote of Lafayette city residents before LUS could be sold, leased or managed by an outside entity.

The Home Rule Charter adopted in 1992 states LUS is to be governed by the LPUA, which consists of Lafayette City-Parish Council members representing districts with at least 60 percent city of Lafayette residents. That leaves thousands of city of Lafayette residents in districts with fewer than 60 percent city residents unrepresented on the LPUA.

A legal interpretation of the Home Rule Charter years ago has allowed the LPUA and full city-parish council, including council members with few city of Lafayette residents in their districts, to vote on LUS matters.

"A charter with these types of defects in it is a flawed charter," Huval said. "It is inconsistent with the principles of our state and nation for someone in another municipality to be able to vote on an issue in another municipality, as is the case in the city of Lafayette."

If the charter amendment is approved Dec. 8, the five-person city council would serve as the LPUA, so no council person representing people outside the city of Lafayette would vote on LUS matters.

Huval said the charter amendment on the Dec. 8 ballot also would protect LUS from future third-party management attempts by first requiring a vote of city of Lafayette residents.

"Again," he said, "this charter amendment is needed so that only city of Lafayette voters, not elected officials, will be able to make a decision that would have such long-term implications to the success and health of our community-owned utility system, LUS."

Mayor-President Joel Robideaux drew the ire of the council and many Lafayette residents when it was revealed in July he had signed a letter of intention in April with Bernhard Capital Partners, an investment group. The agreement allowed the company access to LUS employees, finances and operations, with the intent of entering into a contract to manage and operate LUS.

LUS is owned by city residents, who knew nothing about the plan. Neither did the LPUA or council.

RELATED: Council kills LUS third-party management proposal

The Home Rule Charter requires a vote of city of Lafayette residents before LUS can be sold, leased or otherwise disposed of. Robideaux and Bernhard representatives said they wanted residents to vote on the third-party management deal, but some LPUA members said that may not be allowed with the current charter language.

The charter amendment would close that loophole.

Bernhard representatives presented a preliminary third-party management proposal to the LPUA and council, but withdrew the offer Nov. 5, hours before the council voted to oppose any sale, lease or third-party management agreement involving LUS.

Voters parishwide can decide Dec. 8 whether to change the Home Rule Charter that created Lafayette Consolidated Government. The charter amendment would replace the nine-person city-parish council with separate five-person city and parish councils.

Lafayette citizens would have their own city council for the first time since creation of Lafayette Consolidated Government in 1996. All other municipalities in Lafayette Parish have their own mayor and council except the city of Lafayette, the largest municipality in the parish.

READ MORE: What's on the Dec. 8 ballot and why you should care

Fix the Charter volunteer Kevin Blanchard said the groups supporters have various opinions regarding management of LUS by a third party, so it is not taking a position on the merits of that.

But Fix the Charter strongly supports the idea that only citizens and voters in the city of Lafayette should make decisions about LUS.

What would the Home Rule Charter amendment do?