Mayor LaToya Cantrell says she won't pay back nearly $30,000 in charges for flight upgrades. despite city policy requiring her to do so.
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Two weeks ago, NOLA.com reported that public records showed that Cantrell racked up more than $29,000 in extra airfare by purchasing upgraded tickets to fly in either first class or business class. According to city policy, employees who upgrade from coach to reimburse the city for the difference in the costs of the tickets. At the time, Cantrell's chief administrative officer told WWL-TV that he didn't know if Cantrell would pay back the money.
Now, Cantrell is doubling down on her ability to purchase the upgraded seats at will.
Cantrell told reporters on Thursday that she doesn't have to pay back the money because she was traveling to perform city business. She also implied that she is not a city employee because she was elected by the people and not hired by the city government.
But does that argument hold water?
"In my analysis, it's: where does she get a pay check?" Doug Sunseri, host of WWL's "All Things Legal" said. "She gets her pay check from the city. If she gets her check from the city, she would be a city employee. What she's trying to do is make a dual argument. It's the fact that she's saying: I am the mayor. I'm employed by the city, but I am a politician, so I'm exempt from the rules of the city as far as that particular situation is concerned."
Sunseri says there are several ways Cantrell's position could be challenged.
"The attorney general can," Sunseri noted. "The inspector general can make a report and conduct a due diligence. Even a citizen may be able to contest it through a writ of mandamus."
In fact, Sunseri says Attorney General Jeff Landry may already have this case on his radar.
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"I think this probably is on his desk and that he's considering it right now, as well he should," Sunseri said. "He's very controversial, especially to the people of New Orleans, but then again, I think he considers himself a watchdog, too."
He also notes that a private citizen could file a writ of mandamus to force city officials to perform their legal functions.
"One of the functions would be to recover the $29,000 she spent in the upgrades for her travel," Sunseri said. He added that this method is rarely exercised, but he says given the recall effort against Cantrell that's currently under way, he says it's possible someone tries it.
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