Fontenot cleared to run for mayor (pdf of ruling)

The 3rd Circuit Court of Appeal has upheld a decision in the 27th Judicial District Court that Scott Fontenot can run for election as mayor in Eunice.
Roland Miller, also a candidate for mayor, contacted the Board of Ethics about Fontenot’s qualification to run for mayor, according to testimony in the 27th Judicial Court District on Dec. 14.
The Court of Appeal issued its ruling Monday in the case that stems from Fontenot’s appointment as mayor following the resignation of former mayor Claud “Rusty” Moody on Oct. 7.
Fontenot was selected by the Eunice Board of Aldermen on Oct. 13 as interim mayor.
On Oct. 13, Fontenot resigned his seat as Ward 4 alderman. The resignation was received by the secretary of state on Oct. 21. Fontenot took his oath of office as mayor on Nov. 10.
The Board of Ethics challenged the legality of Fontenot running for election as mayor in the March 2016 election. The challenge cited time elements in Fontenot’s resignation and appointment.
District Judge Alonzo Harris dismissed the challenge on Dec. 14.
Harris stated, in his ruling, “The intent to follow the law was in good faith by Mr. Fontenot and the Board of Aldermen.”
The ethics board appealed the case the next day to the 3rd Circuit Court of Appeal.
The appellate decision includes a reference to a case where the court stated “... election laws must be interpreted to give the electorate the widest possible choice of candidates, a person objecting to the candidacy bears the burden of proving that the candidate is disqualified.”
It was also noted the laws should be read to promote rather than defeat candidacy.
The judges found the time period from the termination of the member’s service until the time that he or she is appointed to fill the vacancy in the office of mayor is irrelevant.
The appellate court was made up of Judges Syliva Coos, Phyllis Keaty and John Conery.
The decision was written by Keaty.
The Board of Ethics had 48 hours to appeal to the Supreme Court.
Fontenot was represented by Jacque Pucheu Jr. of Pucheu, Pucheau and Robinson of Eunice.
Fontenot said of the challenge, “I was surprised. I felt like we had done everything according to law to make my appointment and there was nothing that would prohibit me from running for office.”
Fontenot said he was “disappointed” that he was dealing with the challenge for the past three weeks and not campaigning.
“I figure that according to the laws, I had done everything to meet the qualifications to run for office. If I was to get beat in the race, I’m fine with that, but not to have a chance just wasn’t fair,” Fontenot said on Tuesday.
Miller said, in a statement, “I never asked the ethics board to get involved. They called me and informed me they were going to intervene in this situation.
“If violating the Louisiana Election Code and the Lawrson Act of Louisiana is an honest and ethical way to run for election, I can live with this. I hope the voters of Eunice can do the same.”
Miller stated he met with Fontenot and the city attorney and told them the way Fontenot was appointed made him ineligible.
“In order to be eligible to qualify, a sitting council member must resign his position as a council member prior to being appointed to mayor,” Miller stated.
Tim Longman, another candidate for mayor, said he was not aware of the situation.
William “Bill” Thompson, candidate for mayor, said, “I don’t think he violated any laws on the ethics board.”
The mayor’s position was left open after Claud “Rusty” Moody Jr. resigned, then died on Nov. 3.
Fontenot, who was Ward 4 alderman, was named interim mayor in a special session on Nov. 3.
Fontenot was serving his second term as an alderman.
Connie Thibodeaux was appointed by the Board of Aldermen to fill Fontenot’s seat.
Both took their oaths of office on Nov. 10.
Qualifying was held in December for both seats.
Qualifying for mayor are:
— William “Mr. Bill” Thompson, Democrat, 411 Harold St.
— Roland Miller, Republican, 1220 Faris Ave. Eunice.
— “Tim” Longman, Republican, 1201 Yukon St. Eunice.
— Scott A. Fontenot, No party, 531 W. Park Blvd. Eunice.
Qualifying for alderman are:
— “Dale” Soileau, Democrat, 441 S. Sixth St. Eunice.
— James “Donnie” Fontenot, No party, 421 S. Fifth St. Eunice.
— Shantell Arredondo Ward, Republican, 1451 Scott St. Eunice.
The primary election for both positions is scheduled March 5, 2016, with an April 9 general election.