Denham Springs Louisiana Public Resource Misuse: Anti-Donation Clause Violation Investigation Request

REPORT OF ALLEGED MISUSE OF PUBLIC RESOURCES

TO: Louisiana Legislative Auditor, Louisiana Board of Ethics

FROM: A Concerned Citizen of Denham Springs

DATE: September 11, 2025

SUBJECT: Violation of La. Const. Art. VII, §14 by Denham Springs Streets Department

I. Executive Summary

This report documents the unauthorized use of City of Denham Springs personnel, equipment, and materials for the private benefit of Lajarvis Eugene Scott at his rental property, 222 Pecan St. The actions of Streets Superintendent George Lathers and his crew violate the Louisiana Constitution’s Anti-Donation Clause and echo a pattern of systemic misuse identified by the Legislative Auditor in 2016. The Mayor’s refusal to investigate necessitates external intervention.

---

II. Key Individuals Involved

• George Lathers – Superintendent, Denham Springs Streets Department. Alleged supervising official on site during the incident on February 23, 2022.
• Lajarvis Eugene Scott – Owner of the private property at 222 Pecan St., the documented site of the alleged violations. Mr. Scott is a local business owner (Changing Faces Barbershop Beauty Salon LLC) and a property owner in Livingston Parish with multiple holdings, including 12023 Pendarvis Lane, Walker, Louisiana 70785, 908 Florida Ave SE, Denham Springs, Louisiana 70726, 222 Pecan St. Denham Springs, Louisiana 70726, 458 Bryan St Denham Springs, La 70726.

---

III. Documented Incidents & Timeline of Violations

• 2014-2016: Residents document a pattern of misuse in the Wastewater Department, including lending equipment and personnel to private entities and other municipalities without formal contracts.
• 2016: The Louisiana Legislative Auditor’s (LLA) report formally confirms off-the-books services, flagging them as a Louisiana Constitution violation of equipment lending without contracts or taxpayer compensation.
• Post-2016 Audit Response: In response to the LLA's findings, Mayor Gerard Landry acknowledged the misuse as a "long-standing tradition." As a condition to correct the issues identified by the Auditor, he publicly committed the City to implementing new policies, specifically promising:
  • The development of ordinances for charging fees (e.g., FEMA rates) for services.
  • Ensuring full reimbursement for any work performed.
  • Maintaining detailed equipment and personnel log books.
  • Establishing formal Cooperative Endeavor Agreements (CEAs) for any future work outside the city's purview.
• 2018-2020 (Ongoing Maintenance): Despite these commitments, the Streets Department provided unauthorized maintenance to 222 Pecan St. The Front Loader Operator was visually observed on multiple occasions using a city front loader to haul gravel, fill holes, and smooth the driveway. This work was performed without any work orders, reimbursement, or a CEA.
• February 23, 2022 (Escalation and Evasion): The pattern of misuse escalated. A citizen documented a crew of 4 city workers performing work on private property located at 222 Pecan St. Denham Springs Louisiana. Upon being questioned and asked for a work order:
  1. The workers ceased work and prepared to depart quickly.
  2. One worker, on the phone, stated he was calling Superintendent George Lathers. This worker was driving the Ford work truck, city inventory #670, LA license plate 269826.
  3. Superintendent Lathers arrived on site in his city vehicle.
  4. Upon exiting his vehicle and seeing the citizen documenting the event, Lathers stated, "I'm not talking to him," raised his arms in a dismissive gesture, returned to his vehicle, and drove away without providing any explanation or authorization for the work.
  5. Identified Vehicles:
     • Ford work truck city inventory #670, license plate Louisiana 269826.
     • 1 heavy dump truck
     • 1 John Deere loader backhoe.
• Post-Incident:
  • A public records request to City Clerk Buffy Anderson on March 25, 2025, regarding costs and policies for such work on private property was met with the response: “The City of Denham Springs does not remove debris or perform driveway maintenance on private property.” The Clerk's office confirmed no work orders, authorizations, or billing invoices exist for 222 Pecan St.
  • When informed of the Streets Department's activities, Mayor Landry refused to discipline Superintendent Lathers, dismissing the accusations. This refusal to investigate past incidents or enforce the corrective measures promised in 2016 signals a tolerance for misconduct.

---

IV. Legal Analysis: Violation of Article VII, Section 14(A)

The Louisiana Constitution prohibits the loan, pledge, or donation of public resources to any private entity.

• Attorney General Interpretation: Attorney General Opinion 09-0018 clarifies that such transfers are only permissible if: (1) there is legal authority, (2) they are not gratuitous, and (3) the public entity expects at least equivalent value.
• The “Cabela’s Test” Failure: The alleged actions at 222 Pecan St. fail all three prongs:
  1. Public Purpose / Legal Authority: No public purpose is evident, and there was no legal authority or ordinance authorizing this work.
  2. Not Gratuitous: The city received no compensation, making the transfer entirely gratuitous.
  3. Equivalent Benefit: The city and its taxpayers received no benefit equivalent to the costs incurred.
• Potential Additional Violations: Misappropriation of Public Funds, Civil Service Rules, and Louisiana State Ethics Laws.

---

V. Public Cost & Impact

• Direct Financial Cost: Wages for employees, cost of materials (gravel), fuel, and accelerated depreciation on equipment.
• Indirect Cost: Erosion of public trust, damage to civic morale, and potential legal liability.
• Systemic Cost: Reinforcement of a culture of impunity and the normalization of misconduct within city government.

---

VI. Requested Actions

We respectfully request that the Louisiana Legislative Auditor:

1. Initiate a formal investigation into these allegations.
2. Subpoena all relevant records from the City of Denham Springs, including:
   • Payroll records for Streets Department employees on the days of the alleged work.
   • Equipment usage logs and fuel records for the vehicles involved.
   • All communications regarding 222 Pecan St. involving George Lathers, the Mayor’s office, and Lajarvis Scott.
   • Inventory records for materials like gravel.
3. Expand the Investigation Scope: Given that the beneficiary of the documented misconduct at 222 Pecan St. is an owner of multiple properties in the area, we further request that the investigation include a review of records to determine if city resources were used on any other privately-owned properties, particularly those owned by Lajarvis Scott or affiliated businesses, to identify any broader pattern of misuse.
4. Issue a public report on its findings.
5. Refer the matter to the Louisiana Board of Ethics for appropriate disciplinary action.
6. Recommend policy reforms to prevent future abuse, including GPS tracking on city equipment, strict work order systems, and enhanced whistleblower protections.

Filed with LLA on August 26, 2025.