Robert Berry, who serves as executive director of the Cypress Black Bayou Recreational and Water Conservation District and as a member of the District’s board of commissioners, is not violating Dual Officeholding and Dual Employment Law. He can keep both positions.
That’s the opinion of the Second Circuit Court of Appeal in a judgment rendered Wednesday, affirming the District Court’s previous decision.
The matter has been circulating through the state court system since 2020 when District Attorney J. Schuyler Marvin filed a petition for declaratory judgment and requested that the district court determine whether Berry held incompatible offices in his appointed and employed positions.
State Attorney General Jeff Landry intervened along the way, and the matter was poised to be argued before the Louisiana Supreme Court when it was remanded to the Appellate court.
According to court documents, the CBB District’s board members Jerry Fowler, Mel Allen, Gary Wyche and Walt Bigby all stated in affidavits that Berry “does not have and never attempted to exercise the authority to vote on his appointment or removal as Executive Director or any other matters related to his employment as Executive Director, has never served as an officer of the Board and has never received compensation for his position as a Board member.”
Berry said his position as a Board member is a part-time appointive office, not an elected position, and he is employed as Executive Director.
Berry, Fowler, Wyche...
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