The Honorable Wilford D. Carter vs.
The Honorable H. Lynn Jones
There are important developments currently unfolding at the Calcasieu Parish Clerk of Court’s office. But the most visible and controversial is, of course, the suit filed against Clerk of Court Lynn Jones by Judge Wilford Carter on January 12th.
“How the process came down,” Jones explained, “is that Judge Carter ordered my office to allocate one-ninth of family and juvenile court cases to him. Currently, cases are randomly allotted to Judge Guy Bradberry (Division C) and Judge Lilynn Cutrer (Division I).”
On January 10th, Carter ordered the Clerk of Court to begin allocating cases to him. Later that same day, seven judges signed an order instructing Jones to disregard Carter’s order. Judge Al Gray was the only judge supporting Carter and did not sign the order to disregard. Carter countered with an order for Jones to abide by his original allocation order. “Now there’s an interpretation of law and which order to follow,” says Jones.
“It’s nothing personal,” Jones asserts. “It’s really a judge’s issue. A judge has that power to order anybody. The Clerk of Court’s office has no side one way or the other. We’re willing and able to do (what Carter ordered) but since there were two conflicting orders, and all our judges and the DA’s office may have to be recused, it may have to go to a higher court,” Jones explained.
“We will file an answer and ask the court to rule. What their wishes are, the Clerk of Court will abide by. We are really the facilitator, not the decision maker,” he explained. “It will not affect our job one way or the other. It’s not a statutory duty. It wouldn’t have mattered which judge was make the order, if there’s a conflicting order, it has to be decided in another venue.”
His main concern is not the suit that Judge Carter has filed against him, but the potential timeline and cost involved. “I don’t want this to cost our office and I don’t want to have to spend a lot of money on defense. This could drag on but because it’s local district judges, it will probably be expedited to the Louisiana Supreme Court.”
In a quick civics lesson, Jones explained how the Clerk of Court’s office, with 106 employees, is involved in the judicial system. “Because we assign dockets to judges, we work with the DA, the sheriff’s office, the appellate court, the city police and the marshal’s office. Our job is to make everything in the middle happen.” That includes all aspects from acquiring juries to mortgage recordings, conveyances and overseeing elections.
The Calcasieu Clerk of Court office is fee-based, not tax-based, said Jones. “Our operating funds come from fees; no tax dollars support our budget. We took a hit after Rita because our offices were not running for several days and attorneys and businesses were all shut down, but we have the financial stability. We are self-sufficient.”
Rita caused some damage to about 350 documents but they were reconditioned. “Our staff moved documents upstairs so there was only minor damage,” said Jones. “But afterwards, the courthouse was like a catacomb. With no electricity for air conditioning, it kept moisture in.” This could have been devastating because mold and mildew can destroy vital records. “If the Clerk of Court lost records, it could affect Calcasieu Parish for decades and decades. Criminal, civil, marriage, adoptions,” Jones said. “There’s very sensitive material that can cause personal havoc if it is destroyed.” Fortunately the Police Jury got right on it, sending in a professional team and avoided what Jones says would have been “a catastrophic loss” that could have cost millions of dollars.
To guard and secure parish records, the Clerk of Court is currently in the process of digitizing all records. “In our first year we scanned one million documents,” said Jones. “Because of Rita and Katrina, we are aggressively stepping up that process. We are seeking grant funds to help to do that now. Mitigation is much cheaper than restoration,” Jones stated. “And there is a safety factor to be able to have information readily available to all constituencies.”
Their website, currently being upgraded and more user-friendly, can be accessed at www.calclerkofcourt.com. After Katrina, the Clerk of Court spearheaded the creation of the website, SWLA Cares, to coordinate the exchange of information and resources. After Rita, SWLA Cares expanded to cover more evacuee and volunteer resources. For the most comprehensive and up-to-date information, go to www.swlacares.com.
Enhancing Workplace
Harmony Between Generations
Office dynamics and getting along will with co-workers and supervisors are critical keys to career success. It often helps to understand a fellow worker’s perspective, especially when opposing views are in play. It can mean the difference between progressing with a company or continuously fighting tensions in every work situation.
Offices can operate very much like a dysfunctional family, according to Keri Forbess-McCorquodale, MS, LPC, LMFT, CEAP, Director of Solutions Employee Assistance Program. “You may have one member of the office staff who routinely dominates meetings, is overbearing and demeans younger members of the team. Also in the mix may be someone who worked diligently in the beginning of their employment with this company, but because they didn’t receive adequate praise from their boss, now they are just doing the minimum to get by,” she said. “When you put people together for long periods of time, as happens in an office environment, they begin to act similar to a family with interpersonal dynamics.”
But, to make things more difficult, offices don’t have the advantage of a structured family unit consisting of parents and children. “You may have a 27-year-old boss trying to run an office made up of 12 employees ranging from ages 22 to 59,” she explained.
The term for this unharmonious office situation is known as “intergenerational conflict.” It occurs in workplace settings involving a variety of generations.
“Workplace tensions can arise when people working side by side don’t understand each other. Add to that mix the different approaches by various generations, and you have a recipe for potential conflict. Older workers may stubbornly refuse to use e-mail, which grates on the nerves of the technologically savvy younger workers. The inexperience of those fresh out of college is blaringly obvious to the seasoned worker who has been in the field gaining valuable knowledge of how things work in the real world,” explained Forbess-McCorquodale.
The tension can be diffused by learning more about the generational differences and making an effort to connect with members of other generations in a way that suits their work ethic and communication style.
“Intergenerational conflict doesn’t just go away. If there is tension at the office, it will undermine the organization’s cohesion and the individual’s job performance,” she said.
People of today’s workplace have characteristics that are largely derived from the political, social and economic climate of their youth. The generational breakdowns are:
Baby boomers – born 1946 – 1964: When the baby boomers entered the workforce, they felt compelled to challenge the status quo, and are responsible for many of the rights and opportunities that are now available. Because of their large numbers, they faced competition from each other for jobs. This generation made the 60-hour workweek the norm, figuring that hard work and loyalty to their employers was one way to get ahead.
Generation Xers – Born 1965 – 1980: Technologically savvy because of their childhood of video games and personal computers, this generation saw skyrocketing divorce rates and their parents being laid off after years of dedicated service. Challenges to the presidency, organized religion and big corporations instilled a sense of skepticism and distrust of institutions. Because they do not expect employer loyalty, they see no problem changing jobs to advance professionally. In contrast to the baby boomers’ overtime work ethic, generation Xers believe that work isn’t the most important thing in their lives. They strive to have a balance between their work and social lives.
Millenials – Born 1981 – 1999: Many of this generation are still in school, but some are recent college graduates now entering the work force. They have had access to cell phones, pagers and computers all their lives. They typically work well in a group setting, as they’ve participated in school groups, organized sports and extracurricular activities from a young age.
“These descriptions of typical generational behavior aren’t carved in stone,” said Forbess-McCorquodale. “One person may identify with another generation if their birth year falls near the beginning or end of a given range. Avoid rigid stereotyping. Descriptions are designed to give a clue about someone’s approach to work, not a roadmap of exactly how they behave.”
Understanding a co-worker or boss’s behavior can help bridge the gap in the work environment. Being aware of the differences helps workers understand the individual characteristics that are present in the office. Appreciating the strengths of co-workers goes a long way to smoothing over rough edges. Managing differences effectively is the task of each office team member, as well as the boss or supervisor.
Because the majority of the workplace today is filled with boomers and generation Xers, it’s beneficial for both to understand the other’s point of view and meet in the middle. For generation Xers to successfully work with baby boomers, it helps to show respect and acknowledge that they may have more experience. Choose face-to-face conversations whenever possible and give them your full attention. Multi-tasking is a feather in the generation Xers cap, but it can make baby boomers feel as though they are not important.
Baby boomers working with the younger generation may find it helpful to get over the notion of paying dues. Younger workers aren’t spending every evening at the office, and they’re still getting promotions. Lighten up by reminding yourself that it’s okay to have fun. Taking advantage of technology by using e-mail and cell phones is a great time saver.
“Respect for co-workers provides a good working relationship. Being able to bounce ideas off of each other enhances good creative energy,” said Forbess-McCorquodale. “Appreciate the differences in your office and use them to enhance your job performance. If we all approached a task with the same perspective, we’d only get one answer. Different visions provide a better outcome.”
Mediating Insurance Disputes
By Julie Vezinot
Hurricane victims unhappy with their insurance claims settlements now have an arena in which to argue their disputes. The Louisiana Department of Insurance has established a mediation program to help resolve claims disputes between insurance companies and policyholders arising from damages to residential property caused by Hurricanes Katrina and Rita.
Since its kickoff Jan. 3, the department has received over 200 requests for mediation. Insurance companies are required to notify policyholders with claims disputes about the program regardless of whether a check has been issued. Mediation is paid for by the insurance company and is free to the policyholder.
Mediation is a process through which a neutral third party meets with opposing sides in an effort to resolve a dispute. Mediation is not arbitration, where the arbitrator makes the decision on how to resolve the dispute. Instead, the mediator recommends a solution after helping the parties focus on the issues and understand each other’s point of view. The American Arbitration Association will facilitate the arbitration, which are set to begin in Louisiana by the beginning of February, according to India Johnson, AAA senior vice president and program spokesperson.
Mediation will be initially held in New Orleans. A second location is expected to open in Lake Charles soon after, according to Johnson. The program in Louisiana includes several features to speed claim settlement and to lower costs, enabling policyholders to quickly rebuild. The insurer, not the policyholder, must pay the mediator's fee (capped at $250 per case), as well as the administrator's fee of $100 per case. In Louisiana, an additional filing fee will be charged to insurers in certain parishes where courts were most heavily damaged by the storms.
In Louisiana, if a policyholder requests mediation, insurance companies have 21 days to settle the claim prior to meeting with a mediator. Similar programs were used to settle claims disputes in Florida following Hurricane Andrew and the hurricanes of 2004 to a high degree of success, Johnson said. But, resolution may not come as easily for claimants in Louisiana.
“What happened in Florida was easy to resolve. At issue is causation of the damage and that was fairly easy to determine. What happened in Louisiana with hurricanes Katrina and Rita has never happened anywhere else before,” Johnson said.
“At issue will be causation – was the damage caused by wind, rain, flooding of waterways or a combination of any and all of these.”
However determined, the ultimate goal of the mediation is for both parties to reach a financial agreement to pay the claims. In the end, causation may be secondary to a satisfactory settlement, said Johnson.
So, Who Should Seek Mediation?
Anyone with a disputed residential property damage claim – arising from damage caused by hurricanes Katrina or Rita – in excess of $500, not including the deductible. Mediation through this program is open only to residential policyholders in which no fraud has been suspected.
Who Can Attend?
Policyholders may ask adjusters, contractors or anyone else to the mediation that can help support their claims. It is also important to take with you supporting documents including your policy, photos, estimates, bills, quotes, etc.
Is Mediation the Final Word in Resolution?
Neither party is legally obligated to accept the outcome of the mediation. Even if a settlement is reached, the policyholder has a three-day grace period to rescind their decision to accept, as long as the settlement check is not cashed. They must simply notify their insurance company of their decision and return the check. Choosing mediation does not prohibit policyholders from seeking dispute resolution through other means or even going to court. No part of the discussion in mediation is admissible in later proceedings.
For more information on the Louisiana Hurricane Mediation Program, visit the American Arbitration Association web site at www.adr.org or call tool free at 800-426-8792.
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