“It is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy.”

-La. R.S. 42:12(A)

Vermillion Parish residents are suing the parish Police Jury and Industrial Development Board for failing to follow state public meetings law during votes that ultimately turned over 125,000 acres of parish property to Elon Musk’s latest aerospace endeavor — SpaceX’s Louisiana Starbase.

The Vermillion Parish Police Jury is charged with parish operations, much like a city or parish council. Development boards are created by parish governing bodies to assist with economic development — the board in Vermillion Parish had not met in nearly 30 years, according to attorneys.

In a lawsuit filed October 26, the residents, alongside the nonprofit Vermillion Citizens Council, allege multiple actions — including the resurrection of a long-dormant agency and an agenda item under a “codename” — not only made public participation impossible, but violated public meetings law. The local approvals paved the way for the $100 billion SpaceX facility that plans for 30 rocket launches per day and was courted by a reported $27.5 billion dollar incentive package.

“Vermilion Parish Police Jury and the Vermilion Parish Industrial Development Board have used a variety of mechanisms to try to keep the public in the dark about what they are doing for SpaceX,” the lawsuit states.

I read the lawsuit Monday morning in the Orleans Parish Civil District Court juror waiting room, where I’d reported for one of my civic duties. Equipped with a laptop, I could simultaneously wait to be called to a courtroom and still fulfill what I believe to be my true civic calling as a journalist. 

I write frequently about Louisiana Open Meetings Law, often in my reporting on charter school boards in New Orleans. Smaller government bodies rarely draw as much attention as elected parish boards or state agencies approving multi-million dollar tax breaks. But they set public policy and direct taxpayer dollars just the same and, as such, are equally beholden to conduct business in public. 

The complaint caught my eye because it alleges violations of the most basic of public accountability laws — the ones meant to ensure public officials are transparent with the people they serve.

In the Vermillion Parish case, attorney William Most of Most & Associates argues it was impossible for residents to anticipate the existence of VPIDB meetings this summer — let alone the major economic votes that would follow.

The lawsuit alleges the development entity has not maintained proper records with the state, including its web and physical address, nor provided meeting agendas. Both are required to ensure the public has knowledge of the existence and power of such boards.

In the allegations spelled out over the 12-page lawsuit, I saw many parallels to Open Meetings Law issues I’ve seen in New Orleans school governance of the nearly all-charter district. 

In late July, the Vermillion Parish Police Jury voted to “accept the Vermillion Parish Industrial Development Board.” That unannounced vote is one of eight alleged violations of state sunshine laws detailed in the lawsuit.

“Here, the VPIDB was quietly resurrected by the VPPJ without public notice in violation of the Open Meetings Law,” the lawsuit states.

It’s hard to believe the vote to restart the board was unanticipated, the lawsuit infers. “Indeed, a pre-assembled roster of seven members was already in place before the meeting, suggesting that it was not a last minute item.”

For that reason, Most asserts the police jury’s vote was an act of “subterfuge” — the undermining of the state’s Open Meetings Law. While it is permissible to add items to an agenda mid-meeting, it may not be used as a means to subvert the law. 

“It is hard to imagine that the resurrection of an Industrial Development Board was an issue that sprung up at the very last minute, such that the agenda had to be changed mid-meeting,” the lawsuit states.

That brought me back to earlier this year, when I reported on KIPP New Orleans Schools’ unannounced vote to close Frederick Douglass High School. School officials told Lampighter the vote was unforeseen and they had to act quicker than anticipated. They voted to add the item mid-meeting.

In fact, in the weeks leading up to the meeting, KIPP had hired a crisis communications firm and held strategy sessions for communicating school changes. Hundreds of pages of documents obtained by Lamplighter further revealed KIPP had been discussing the plan for months, including detailed analysis of which of its three high schools to close. 

I launched Lamplighter with that story: ‘Subterfuge’: How KIPP New Orleans’ vote to close Douglass High School skirted Open Meetings Law. 

In the month following its apparent reactivation, the Vermillion Parish Industrial Development Board immediately set to work. Because the VPIDB had no website and no publicly listed address, and hadn’t met in nearly 30 years, attorney William Most argues the public did not know to look for its meeting agenda posted on the Abbeville courthouse ahead of the Aug. 25 meeting.

“As a result, no members of the public knew to attend or did attend — except the SpaceX and economic development people who had been specifically invited,” the lawsuit states.

Reporter Drew Hawkins obtained VPIDB audio recordings through a public records request. In the recording members joked about how to fulfill their obligation to alert the public to meetings with economic development and municipal bond attorney Mike Busada with Butler Snow. 

“Meetings require a 24-hour public notice, Busada adds. Because the board has no website, a notice posted somewhere in the courthouse will do.

“Back door?” one board member jokes.

“Doesn’t have to be the front door,” Busada replies with a laugh.” (Full exchange)

The same month VPIDB met, a small New Orleans charter school was considering a new public meetings policy. That policy came at the behest of NOLA Public Schools as the charter’s board had struggled to comply with open meetings law. 

The following month, the Bricolage Academy board proceeded to violate both its new policy and state meetings law, by holding its meeting after failing to provide notice of the meeting one day in advance, as required by law. 

The agenda on the Abbeville courthouse door lacked the word “SpaceX,” even though the aerospace company’s “payment in lieu of taxes” (PILOT) agreement, would be under consideration at that Vermillion Parish development board meeting.

The Aug. 25 agenda described one item as “a Resolution Authorizing the Execution of a PILOT Agreement — Project Osprey.”

“Project Osprey was the “codename” for the SpaceX project,” the lawsuit states, “designed to keep the public from finding out the subject of the project.”

The lawsuit alleges VPIDB failed to properly notice the meeting and failed to detail the agenda. State law requires agenda items “shall be listed separately and described with reasonable specificity.”

“It is hard to imagine a clearer Open Meetings Law violation than a public body using ‘codenames’ in its agendas,” the lawsuit states.

I’ve reported on obscure agenda language in the past, including a charter school board that cloaked a New Orleans school campus closure vote as this item: “drive efficiencies in the Network and fully utilize the Avery Alexander site.” 

Vague agendas make it impossible for the public to participate.

This year, reporter Drew Hawkins has led the charge on uncovering deep government and business ties strategically kept from the public eye — he’s revealed Gov. Jeff Landry’s heavy reliance on non-disclosure agreements. Under Landry, state officials have signed NDAs for Amazon’s $12 billion data center, Meta’s Hyperion data center and an LIV golf tournament.

Hawkins’ story on the Vermillion lawsuit builds on that coverage and his extensive reporting demonstrates the lengths officials are going to conduct business swiftly and out of sight. 

In an interview with Hawkins, Lt. Gov. Billy Nungesser said he learned Texas officials had not signed NDAs in similar deals. 

Back in Vermillion Parish, in order to facilitate the SpaceX Starbase deal, the VPIDB approved a settlement with ExxonMobile. That agreement freed up the property for SpaceX.

After the deal was inked, the agreements were collected by state staffers, the lawsuit alleges: “The Governor’s office sent a staff member to take away every single copy of the agreement — so that Vermilion citizens cannot even review what their elected officials agreed to.”

It reminded me of a special education investigation dropped on the porches of charter school board members in 2020. The board-ordered report, which found serious shortcomings in special education at the school, was never presented at a public meeting. The parent who requested the investigation was told it was not a public document, and that the board was providing a copy as a courtesy. 

It also reminded me of a one-page document Algiers Charter’s board president and CEO signed in September declaring the charter group no longer planned to run L.B. Landry High School. Despite sending it to the school district — parents, students and teachers at Landry would not learn of the decision for another three weeks. 

What does Louisiana’s $27.5 billion incentive package for SpaceX have to do with school closures in New Orleans?

Undermining state sunshine laws undercuts the public’s ability to understand actions that affect our everyday lives. 

Moreso, it chips away at citizens’ understanding of their right to observe the “deliberations and decisions that go into the making of public policy” at all levels — from unelected charter school boards to reappointed development boards and from city councils to state commissions. 

Perhaps most importantly, it robs people of their opportunity to speak up, on the record, and ensure officials — elected or unelected — must listen.

From a high school moving across town in New Orleans to 30 rocket launches a day over the heads of Vermillion Parish residents. It all matters.

When members of the public are aware of decisions that may affect them, they can choose to show up. 

Despite the heavily fractured, decentralized school system in New Orleans, it is a near certainty that the Orleans Parish School Board meetings will be packed through the end of the year.

The board considers school closures each November and December. The public attends these meetings because they are both aware of them and the content to be discussed.

More about my reporting and why I started Lamplighter News. Want to support Lamplighter? Venmo @Marta-Jewson or forward this email to a friend!

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