OFFICIAL PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN SPECIAL SESSION DECEMBER 9, 2002

Transcription

1 OFFICIAL PROCEEDINGS OF THE TERREBONNE PARISH COUNCIL IN SPECIAL SESSION DECEMBER 9, 2002 The Chairman, J. B. Breaux, called the meeting to order at 5:00 p.m., in the Terrebonne Parish Council Meeting Room. Following the Invocation, offered by Councilman A. Tillman, and the Pledge of Allegiance, led by Councilman D. Henry, the Minute Clerk called the roll. Upon roll call, Council Members recorded as present were: D. Henry, A. Tillman, W. Thibodeaux, R. Boudreaux, C. Duplantis, J. B. Breaux, H. Lapeyre, C. Voisin, and P. Rhodes. A quorum was declared present. The Chairman recognized Mr. Donald Prillaman, Prillaman & Company, consultant for TPCG for group insurance, who explained the proposed resolution before the Council will provide the level of benefits to employees and family members to levels that were in the plan in 2001, with the following exceptions: 1) Emergency room deductible of $ ) Per admission deductible for in-patient of $ ) Employee premium contributions increase from $5.00 single to $30.00 and from $40.00 family to $ per month Mr. Prillaman stated that he feels that it is the best interest of TPCG to renew all lines of coverage with existing carriers. He stated that there is a money savings of approximately $30, offered with another Group Life Carrier, but does not feel the change is worth the modest savings. Furthermore, he stated, there is an active at work provision in the renewal, that new coverage would not attach to anyone away from work for health reasons on January 1 until that person returned to work. Mr. Prillaman explained the concept of broker of record letter in which the employer would issue a letter to its existing insurance company in favor of a new broker, thereby terminating the relationship with the existing broker. Parish President R. Bergeron explained that some of the surrounding parishes have reassigned local insurance agents as brokers of records in order to allow local insurance companies an opportunity to provide services to local government. The Chairman recognized Mr. Donald Prillaman who explained that if the Parish chooses to change life insurance carriers, employees who are currently away from work due to illness or injury could possibly not be covered until they return to work. Mr. Prillaman stated that this would only be an issue if the insurance companies are changed, which is not what is being proposed. Upon questioning by Councilman W. Thibodeaux, Mr. Prillaman stated that if the current broker for the Parish is changed, there is a loss of continuity, administrative and claims issues, and new advisors would have to become familiar with the accounts. The Chairman recognized Mr. Glen Lapata, Analyst for Marsh, USA, who stated that he understands the concept of local government desiring to do business with Terrebonne agents. However, when accepting bids, the best insurance coverage for the least amount of premium is most important to the taxpayers and employees of Terrebonne Parish. Mr. Lapata stated that if location of the bidder is the overriding criteria, it should be applied in all situations for the Parish in order to be fair and equitable. Upon questioning by Councilman W. Thibodeaux, Ms. Janell Brierly, Insurance and Claims Supervisor, TPCG Risk Management Division, explained that Marsh, USA provides the Parish with a quarterly projection report, underwriting analysis information for projections for the following year, trends throughout the year that could be adjusted for the following year, changes in the plan description suggestions, on any unusual issues that may come up, amendments throughout the year, requirements by law that need to be met, etc. Ms. Brierly stated that three local insurance agents/brokers were interviewed for health insurance, life

2 insurance, and short-term disability and long-term disability, who brought their third party Administrators with them, who answered a lot of the questions. She stated that some of the local brokers are not consultants and don t have the information a broker/consultant does. Upon further questioning by Councilman W. Thibodeaux, Assistant Parish Attorney Romaine White stated that in regards to a certain Council Member whose son works for one of the proposed insurance agent/broker, that since the son does not have a substantial economic interest in the particular firm, the Council Member would not violate the ethics rule by voting on the matter. Upon questioning by Councilman D. Henry, the proposal to hire an independent consultant was to assist with a transition with the Parish s Group Insurance, but has been pulled from the agenda. Mr. Levron stated the consultant may be requested to perform periodic services throughout the year. Mr. Levron stated that it is his understanding that the same services will be provided with the local agents/brokers. A lengthy discussion ensued relative to whether the Parish should retain the services of its current insurance agent/broker for Group Insurance for Parish Employees or give local insurance agents/brokers an opportunity to provide these same services and concerns of doing so. Upon questioning by Councilman A. Tillman, Ms. Janell Brierly stated that the out of network percentage proposal for 2003 would remain the same as She stated that the only change in the 2003 proposal is the $ hospital admit going back to the lower deductibles but increasing the employee premiums. Upon questioning by Vice-Chairman C. Voisin, Mr. Donald Prillaman stated that he discussed the possibility of TPCG changing its agents/brokers with Employee Benefit Services and they indicated they did not have a problem with doing so. Upon further questioning by Vice-Chairman C. Voisin, Assistant Parish Attorney Romaine White stated that it is the Legal Department s opinion that TPCG could legally choose to accept local bids versus the current provider even though there is an increase in the bid amount because insurance is a service and there are numerous opinions indicating that particular bid procedures do not have to be followed. The Chairman recognized Mr. Tony Alford, Alford, Staples, & Robichaux, who stated that if local insurance companies would be writing property and casualty premiums like Marsh, USA is, they could provide TPCG with group insurance for $30, less. Mr. Alfred stated that he feels his company has qualifications to meet the needs of the Parish and requested a chance to prove it. Mr. Alfred gave examples of larger companies than TPCG his firm currently carries and does but it is possible than additional staff would be necessary. The Chairman recognized Mr. Paul Clement, Clement Insurance Agency, who stated that his company currently has a lot of clients in Terrebonne Parish and surrounding parishes and offers the same type of services as Marsh, USA. The Chairman recognized Mr. John Millet, John Millet Company, who explained the process his company went through in order to provide qualified insurance carriers that provide the support and coverage at a very competitive price to TPCG. Mr. Millet stated that it is his understanding that his agency was the lowest bidder for the Group Life Insurance. He stated that in reference to the Actively at Work clause provides that if an employee is not actively at work due to a disability that prior carrier assumes the responsibility of that particular coverage and when the employee comes back to work he then becomes insured under the new policy. Mr. Millet stated it was his understanding that at the last meeting with representatives of TPCG that this issue was addressed to the satisfaction of Administration. Mr. Millet explained the disability and life insurance proposals that his company submitted to TPCG. He requested that the Parish Government consider the lowest bid that was submitted for employee benefits for Terrebonne Parish. Upon questioning by Vice-Chairman C. Voisin, Mr. Donald Prillaman stated that if the Parish chooses to change only the broker for its employee benefits, it should be able to be done without major problems by the anticipated deadline, but if the Parish chooses to change insurance carriers, it may be a difficult transition.

3 RESOLUTION: Accepting and approving the recommendation of Administration regarding Employee Benefits for the Parish Government effective January 1, 2003, which changes the current Agents/Brokers of Record. Mr. R. Boudreaux, Jr. moved, seconded by Mr. H. Lapeyre. *(SUBSTITITION RESOLUTION OFFERED AFTER DISCUSSION.) Upon questioning by Council Members W. Thibodeaux and H. Lapeyre, Assistant Parish Attorney Romaine White stated that after discussions with the Ethics Commission she does not feel Councilman Lapeyre has a conflict with voting on the aforementioned matter. Upon questioning by Councilman R. Boudreaux, Parish President R. Bergeron stated that it is his recommendation to approve the Employee Benefits Program for Terrebonne Parish for 2003 changing the agents/brokers to local companies. Upon questioning by Councilwoman C. Duplantis, Ms. Janelle Brierly stated the following changes to the 2003 employee benefits program: Current $ deductible to $ Current $1, Family Deductible to $ Current $20.00 Physicians Office Visits to $10.00 Current $30.00 prescription drugs brand name to $17.00 Current $20.00 prescription drugs brand when generic not available to $12.00 Current $10.00 prescription drugs generic to $7.00 Upon further questioning by Councilwoman C. Duplantis, Ms. Brierly stated that the Parish employees were surveyed regarding the two different options and the majority favored with going back to the 2001 benefits and increasing monthly premium contributions. A further discussion ensued relative the Parish retaining the services of its current insurance agent/broker for Group Insurance for Parish Employees vs. giving local insurance agents/brokers an opportunity to provide these same services. Upon questioning by Councilman R. Boudreaux, Mr. Russell Klingman, Vice-President Marsh, USA, stated that if the Group Health Insurance is separated out of the other coverage, Marsh would not be able to provide the necessary services at the same price. OFFERED BY: SECONDED BY: Mr. A. Tillman. Mr. P. Rhodes. RESOLUTION NO WHEREAS, The Terrebonne Parish Consolidated Government Risk Management Division accepted Employee Benefit insurance proposals from various agents and brokers for the effective date of January 1, 2003, and WHEREAS, 2003 Employee Benefits will be based upon 2001 Employee Benefits with the following changes: 60%-40% Out of Network, $ Emergency Room deductible, and $ Hospital Admit deductible. Employee contributions will be increased from $5.00 Single to $30.00 Single and $49.00 Family to $ Family per month, and WHEREAS, these Employee Benefit insurance proposals were submitted to and reviewed by Mr. Donald Prillaman, a consultant on behalf of Terrebonne Parish Consolidated Government, who later met with Administration and made initial recommendations for preliminary finalists in each category of Health Insurance, Life Insurance, and Short/Long Term Disability, and WHEREAS, each finalist had an opportunity to speak to Administration and answer detailed questions and to make a presentation in an interview process, and WHEREAS, a final recommendation was presented to Administration and to the Council by Mr. Prillaman and, after much discussion, it is the recommendation that the following

4 agents/brokers be authorized to represent Terrebonne Parish Consolidated Government as agent/brokers/carriers for the year 2003: 1) Health Insurance: Agent/Broker- MARSH, TPA Employee Benefit Services, Stop Loss Insurance Carrier Mutual of Omaha in the amount of $754, Voluntary Vision: Agent/Broker MARSH, Insurance Carrier Vision Plan Services. 2) Life Insurance: Basic Life Insurance, Agent/Broker - MARSH, Insurance Carrier Metropolitan Life in the amount of $176, Voluntary AD&D, Agent/Broker MARSH, Insurance Carrier CIGNA. Voluntary Term Life, Agent/Broker MARSH, Insurance Carrier CIGNA. 3) Short Term Disability and Long Term Disability: Agent/Broker MARSH, Insurance Carrier Mutual of Omaha in the amount of $346, NOW, THEREFORE BE IT RESOLVED by the Terrebonne Parish Council, on behalf of the Terrebonne Parish Consolidated Government, that, effective January 1, 2003, the following Employee Benefits be approved for the Parish Government: 1) Health Insurance: Agent/Broker- MARSH, TPA Employee Benefit Services, Stop Loss Insurance Carrier Mutual of Omaha in the amount of $754, Voluntary Vision: Agent/Broker MARSH, Insurance Carrier Vision Plan Services. 2) Life Insurance: Basic Life Insurance, Agent/Broker - MARSH, Insurance Carrier Metropolitan Life in the amount of $176, Voluntary AD&D, Agent/Broker MARSH, Insurance Carrier CIGNA. Voluntary Term Life, Agent/Broker MARSH, Insurance Carrier CIGNA. 3) Short Term Disability and Long Term Disability: Agent/Broker MARSH, Insurance Carrier Mutual of Omaha in the amount of $346, THERE WAS RECORDED: YEAS: D. Henry, A. Tillman, W. Thibodeaux, J.B. Breaux and P. Rhodes. NAYS: R. Boudreaux, Jr., C. Duplantis, H. Lapeyre and C. Voisin. ABSENT: None. The Chairman declared the resolution adopted on this, the 9 th day of December, * * * * * * * * * No action was taken on agenda item #2 (Continuation of services to TPCG by an Employee Benefit Consultant). Mr. R. Boudreaux moved, seconded by Ms. C. Duplantis, THAT, the Council, pursuant to R. S A(2), convene into Executive Session to discuss settlement negotiations in the lawsuit titled Clyde Charles vs. No , Douglas Greenburg, et al, the United States District Court-Eastern District, and invite into said session the Parish Council, Parish President Robert Bergeron, Parish Attorney Carolyn McNabb, TPCG Risk Management Supervisor Janelle Brierly, TPCG Claims Adjustor Larry Arcement. The Chairman called for the vote on the motion offered by Mr. R. Boudreaux. UPON ROLL CALL THERE WAS RECORDED: YEAS: D. Henry, A. Tillman, W. Thibodeaux, R. Boudreaux, C. Duplantis, J. B. Breaux, H. Lapeyre, C. Voisin, and P. Rhodes. ABSENT: None.

5 The Chairman declared the motion adopted. At this time, 7:00 p.m., Councilman A. Tillman was recorded as leaving the proceedings and Councilman P. Rhodes was recorded as leaving during the Executive Session. Mr. R. Boudreaux moved, seconded by Mr. D. Henry, THAT, the Council convene back to the regular order of business. The Chairman called for a vote on the motion offered by Mr. R. Boudreaux. UPON ROLL CALL THERE WAS RECORDED: YEAS: D. Henry, R. Boudreaux, C. Duplantis, J. B. Breaux, H. Lapeyre, and C. Voisin. ABSENT: A. Tillman, W. Thibodeaux, and P. Rhodes. The Chairman declared the motion adopted. OFFERED BY: SECONDED BY: Mr. C. Voisin. Ms. C. Duplantis RESOLUTION NO WHEREAS, in the case of Clyde Charles versus Douglas Greenburg and Joseph Waitz, Jr., Civil Action No , Section S, Mag. 2 of the docket on the United States District Court for the Eastern District of Louisiana, there have been no admissions or findings of liability of the District Attorney s office or parish government and all parties stipulate there has been no such finding by any Court, and WHEREAS, while there has been no judicial finding of fault by any party, it does appear that, given the DNA testing results, the justice system failed Clyde Charles who spent an extensive portion of his life in Angola Penitentiary, and WHEREAS, the Parish Council has found (as further stated in Exhibit #1) that it is in the best interest of Clyde Charles, the Terrebonne Parish District Attorney s office, and the State of Louisiana that a humanitarian settlement be reached in this matter, and that some monetary compensation is proper to orient Clyde Charles back into society, and WHEREAS, the Council also finds that the settlement of this matter will avoid further litigation cost of this matter and lead to a final resolution of all litigation; NOW, THEREFORE BE IT RESOLVED BY THE TERREBONE PARISH COUNCIL, on behalf of the Terrebonne Parish Consolidated Government, that settlement funds in the amount of $200, should be paid to Clyde Charles for designated assistance in the areas of long-term annuities, transportation, housing, education, medical expenses and attorney fees in accordance with his needs, and BE IT FURTHER RESOLVED THAT THE PARISH COUNCIL, by this resolution, urges the State of Louisiana to appropriate matching funds in the amount of $200, settlement by special legislation to further provide for the welfare of Clyde Charles, as a citizen of the Parish of Terrebonne and a citizen of the State of Louisiana, and BE IT FURTHER RESOLVED that substantial portions of all settlement funds should be for the designated purposes of long-term annuities, transportation, housing, education, medical or other particularized needs of Clyde Charles. THERE WAS RECORDED: YEAS: W. Thibodeaux, R. Boudreaux, Jr., C. Duplantis, J.B. Breaux, H. Lapeyre and C. Voisin.

6 ABSTAINING: D. Henry. ABSENT: A. Tillman and P. Rhodes. The Chairman declared the resolution adopted on this, the 9 th day of December, * * * * * * * * * OFFERED BY: SECONDED BY: Mr. W. Thibodeaux. Mr. C. Voisin. RESOLUTION NO WHEREAS, in the case of Clyde Charles versus Douglas Greenburg and Joseph Waitz, Jr., Civil Action No , Section S, Mag. 2 of the docket on the United States District Court for the Eastern District of Louisiana there have been no admissions or findings of liability of the District Attorney s Office or parish government and all parties stipulate there has been no such finding by any Court, and WHEREAS, while there has been no judicial finding of fault by any party, advances in technology have led to accurate forensic (DNA) testing to aid in the determination of guilt and innocence and that the DNA testing in the Clyde Charles has led to the determination that Clyde Charles was not the assailant in the crime for which he was convicted, and WHEREAS, in other jurisdictions monetary compensation packages have been given to prisoners freed as a result of DNA testing, and WHEREAS, the Parish Council has found that it is in the best interest of Clyde Charles, the Terrebonne Parish, and the State of Louisiana that a settlement be reached in this matter, and that some monetary compensation is proper to orient Clyde Charles back into society, and WHEREAS, the Council also finds that the settlement of this matter will avoid further litigation costs of this matter and lead to a final resolution of all litigation. NOW, THEREFORE BE IT RESOLVED BY THE TERREBONNE PARISH COUNCIL, on behalf of the Terrebonne Parish Consolidated Government, that settlement funds in the amount approved by Council be paid to Clyde Charles in order to settle and conclude all claims arising from his incarceration at Angola Penitentiary as described in the matter entitled Clyde Charles versus Douglas Greenburg and Joseph Waitz, Jr., Civil Action No , Section S, Mag. 2 of the docket on the United States District Court for the Eastern District of Louisiana, and BE IT FURTHER RESOLVED THAT the Parish Council, by this resolution, urges the State of Louisiana to appropriate matching settlement funds by special legislation to further provide for the welfare of Clyde Charles, as a citizen of the Parish of Terrebonne and a citizen of the State of Louisiana. THERE WAS RECORDED: YEAS: D. Henry, W. Thibodeaux, R. Boudreaux, Jr., C. Duplantis, J.B. Breaux, H. Lapeyre and C. Voisin. ABSENT: A. Tillman and P. Rhodes. The Chairman declared the resolution adopted on this, the 9 th day of December, * * * * * * * * *

7 Mr. H. Lapeyre moved, seconded by Mr. Mr. C. Voisin, THAT, there being no further business to come before the Council, the meeting be adjourned. The Chairman called for a vote on the motion offered by Mr. H. Lapeyre. UPON ROLL CALL THERE WAS RECORDED: YEAS: D. Henry, W. Thibodeaux, R. Boudreaux, C. Duplantis, J. B. Breaux, H. Lapeyre, and C. Voisin. ABSENT: A. Tillman and P. Rhodes. The Chairman declared the motion adopted and the meeting adjourned at 7:49 p.m. ATTEST: VENITA H. WHITNEY MINUTE CLERK /S/J.B. BREAUX J. B. BREAUX, CHAIRMAN /S/PAUL A. LABAT PAUL A. LABAT, COUNCIL CLERK TERREBONNE PARISH COUNCIL