Regarding Dangers Presented at the City Council Meeting on January 28, 2025
By John Toups
Citizen, Thibodaux
Believer in Political Vigilance, and in Eternal Vigilance as Expressed by Our Founder, Thomas Jefferson
Moral and Ethical Obligation to Citizens
When any citizen—regardless of status—presents documented evidence of risk to public safety, elected officials and department heads are not permitted to “wait and see.” You have a moral and ethical obligation to investigate credible claims. This obligation is reflected in:
- Louisiana Code of Governmental Ethics (La. R.S. 42:1101 et seq.), which holds that public servants must act “in the interest of the public” and must avoid negligence or indifference in fulfilling their duties.
- Public Trust Doctrine: Government acts as a steward of public property and safety. Ignoring potential harm violates this trust.
Fiduciary Duty of Elected Officials and Department Heads
You are not only representatives—you are fiduciaries of public funds, assets, and welfare. This carries a legal standard of care.
Definition: A fiduciary duty is a legal obligation to act in the best interest of the beneficiaries—in this case, the citizens of Thibodaux.
Under Louisiana law:
- La. Civil Code Art. 2809: A mandatory rule for any mandatary (one who manages the affairs of another) to “administer the matter with the care of a prudent administrator.”
- La. R.S. 42:1111–1121 (Ethics Law) further emphasizes that no public servant shall act in a way that would cause harm or neglect to the people’s interests.
If a known safety risk results in injury, and it can be proven that officials were warned and failed to act, you may face legal exposure both individually and as a governmental body.
Duty of Care Under Louisiana Law
The legal standard for “duty of care” applies to both public officials and departments.
Definition: A duty of care is the legal obligation to avoid acts or omissions which could reasonably be foreseen to cause harm to others.
In Louisiana:
- La. Civil Code Art. 2315: “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.”
- Art. 2316: “Every person is responsible not only for the damage occasioned by his own act, but for that which is caused by his negligence.”
This means that failure to act on known dangers—particularly those documented and presented by a citizen—may constitute gross negligence.
Ethics Board Guidance on Responsibility to Act
The Louisiana Board of Ethics has issued opinions confirming:
- Department heads are responsible for reporting and acting on known hazards or mismanagement, even if the Mayor is unresponsive.
- Silence is not protection. If a department head knowingly fails to act on a credible safety risk, they may face administrative penalties and public censure.
Legal Precedent – “Failure to Act” as Malfeasance
Malfeasance in Office (La. R.S. 14:134):
A public official commits malfeasance when they:
- Intentionally refuse or fail to perform a duty required by law.
- Perform a duty in an unlawful manner.
- Engage in conduct that is clearly contrary to their official obligations.
Failure to inspect known dangers, especially when documented evidence has been submitted (as I did on January 28, 2025), may constitute such malfeasance.
Criminal Liability for Altering Public Records
It is a felony offense in Louisiana to knowingly alter, falsify, or backdate a public document or record in connection with a public records request.
Under La. R.S. 14:132 – Injuring Public Records:
“Injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, filed or deposited… with any public office or with any public officer…”
Key Components of the Statute:
- “Intentional alteration” includes backdating or modifying a record to misrepresent the truth.
- Applies to documents submitted or generated in response to a public records request, including inspection logs, meeting minutes, or correspondence.
- Classified as a felony punishable by up to five years in prison with or without hard labor and a fine up to $5,000.
If any official or department modifies the public record after-the-fact to sanitize, conceal, or misrepresent a response to a FOIA/public records request—that act is not merely a clerical mistake, but a felony violation under Louisiana criminal law.
Citizen’s Expectation
My expectation—and the community’s—is simple:
- That our leaders act promptly on verified public dangers.
- That no official hides behind charter interpretations to avoid responsibility.
- That the people’s trust is restored by visible action that’s transparent and on public display.