August 2024
Membership Dues Renewal
2024-2025 Fiscal Year
Yearly renewal period is July 1 to October 31st
If you haven’t renewed yet, this is your reminder!
Jeff Messinger,
LSPS President
PRESIDENTIAL PRIVILEGE
Dear LSPS members,
I hope everyone is enjoying the “cooler” weather! While we’re still a ways away from Fall, at least our days are slightly better than the 100+° days we have seen too often this summer. I don’t know about each of you, but with every passing summer, it feels hotter than the summer before. Perhaps that’s called age. Or weight. Or both 😊
There are many really good things going on at LSPS right now, and I want to share a few with you this quarter.
We are in the process of revising the Standards of Practice and reviewing the current Rules of Practice adopted by LAPELS. We are going to conduct one more survey on September 4th, with only a single question and with only a “yes” or “no” answer option. The question is regarding members’ opinions on mandating caps to be placed on all corners set by a surveyor during the process of performing a boundary survey. The majority’s answer will determine if we add this as a requirement in the revised Standards of Practice. Members will have 4 days to respond, with the survey closing at midnight on September 7th. As my dad always told me, “If you don’t vote, please don’t complain.”
For those of you who may have missed the convention, we now have an attorney as an LSPS consultant. The Executive Committee thought it was important to have someone provide us, the society and its members, with legal advice on a litany of issues. Starting with this edition of L’Arpenteur, we will publish Blair’s Boundary Blog, written by attorneys Blair Naquin and Gray Sexton. Each edition will contain their answers to the most common questions and situations posed by the members. So, this is your chance. Please submit questions via your District meetings. The Executive Committee will select the most common and applicable-to-all-the-members questions, and pass them along to Blair and Gray. We will have their legal opinions in their quarterly column, summarized for brevity.
We are also discussing adding a “Members Only” section to the LSPS website. We will begin stocking that section with information, references, resources, etc., which we think will be valuable and should be available only to current LSPS members. One easy example of what will be found in that section is Blair’s FULL answers and responses to the summaries each quarter in the L’Arpenteur – which have case law citations, court cases, etc., for those who want to read all the details behind her answer.
Speaking of members, they are the lifeline of our society. Without members, there is no LSPS. We are currently working on a member drive and will start by contacting all former members of our society who have not renewed for whatever reason(s). The second phase will be to contact all current PLS/LSI licensees, who are not members of the society, and encourage them to join. By continually adding more value to an LSPS membership, such as now having an attorney to consult with us, our goal is to show there is indeed a real “what’s in it for you” to be an active member of LSPS.
Lastly but just as important, district meetings are an important part of our society. Please do not view them as simply another meal or meeting on your calendar. I encourage each of you to not only attend but participate. While we can indeed be competitors, we are – more importantly – professionals, and we all need to strive to make our profession better. It really is ok to share information and still, ethically and professionally, compete. We need to use our meetings to stay informed, share ideas, and educate our colleagues. Unfortunately, being busy is not an excuse, and I’m looking in the mirror. Please volunteer to help your district chairman with speakers, ideas, topics, etc., as a district chairman cannot do it all alone.
Please contact your district chairman or myself with any questions.
Jeffrey Messinger
A note from Jeff Messinger: As outlined in my column and as presented at the annual convention in April, this edition of L’Arpenteur has a new addition. Each quarter, Blair Naquin – LSPS’s attorney-consultant, will provide her legal opinions on the most commonly asked and encountered situations the members have submitted to their District Chairman. Your Executive Committee believes Blair’s quarterly column will be extremely valuable and beneficial to the members. For the sake of brevity, Blair will summarize her full, official response to publish in each edition. Her full response containing case law, court decisions, etc., will be posted on the LSPS website in the Members Only section. Each quarter, Blair will answer and discuss several current and challenging issues and situations posed by and from the members.
Her first column, below, is in response to members asking what can municipalities mandate from surveyors, and what if it conflicts with our Standards of Practice?
Blair’s Boundary Blog
By Blair Naquin,
Law Offices of R. Gray Sexton
(1) Can entities legally demand licensees submit items that knowingly violate the rules/laws?, (2) Can entities demand specific things that are "above-and-beyond" the required "acceptance" by LAPELS as meeting the Standards of Practice (i.e., if the surveyor wrote, hand• drafted maps meet the Standards of Practice; can an entity refuse to accept hand-drafted maps)?, and (3) Can entities legally refuse to accept and/or process maps, documents, and files that do not conform with "everything they want,” but do meet the Standards of Practice?.
(1) "It is well settled that a municipality is without authority to enact ordinances which are inconsistent or in contravention with state law." Restivo v. City of Shreveport, 566 So.2d 669,671 (La. 1990) (citation omitted). However, "in cases decided subsequent to the enactment of the 1974 Louisiana Constitution, in recognition of a new philosophy of the state-local government relationship which struck a balance in favor of home rule, Louisiana courts have allowed home rule municipalities greater autonomy to regulate local affairs where the local ordinance is not in direct conflict with applicable state law." Savage v. Prator, 2004-2904, p. 7 (La. 1/19/06); 921 So.2d 51 (citations omitted). A threshold consideration is thus whether the ordinance or policy originates from a municipality operating under the broad grant of authority afforded a pre-1974 Home Rule Charter municipality.
Another crucial aspect of the determination of whether, and the extent to which, state law preempts (and thereby invalidates) a municipal ordinance, is the scope of the state statute at issue. A municipal ordinance or other purported requirement obligating licensees to submit items that expressly violate the Standards of Practice would be subject to challenge on that basis. For example, the current Standards of Practice provide:
5. Electronic Transmission
a. Documents which require a seal may be transmitted electronically provided the seal, signature and date of the licensee are transmitted in a secure mode that precludes the seal, signature and date being reproduced or modified. 46 LAC Pt LX1, § 2701.
Thus an effort by a municipality to require a licensed surveyor to submit a document requiring a seal in a manner that would violate the foregoing provision of the Standards of Practice would likely be unenforceable.
The answers to questions (2) and (3) are more ambiguous. A municipal ordinance or policy (2) requiring surveyors to meet conditions that are "above-and-beyond" the required "acceptance" by LAPELS as meeting the Standards of Practice or (3) refusing to accept and/or process maps, documents, and files that do not confonn with "everything" the municipality seeks to impose can certainly be challenged. However, if a judicial challenge is raised, the outcome will likely depend, in large measure, on whether the municipality is one governed by a home rule charter. If so, such an ordinance or policy will be more difficult to invalidate.
SOUTH LOUISIANA COMMUNITY COLLEGE UPDATE
By: Michael O’Pry
We just started the fall semester this week. We have 23 new students enrolled, and 8 are returning students.
3 Former students have passed their FS & PS:
Brock Hollier, Caleb Tate-Goff, and Brennan Marque.
Congratulations to them!
Our labs are in-person at the Crowley Acadian Campus, and all lecture courses are now strictly hybrid/online. We have a lot of people in the industry seeking their LAPELS hours, and this online lecture works great for them. So, firms and surveyors, please send your employees to us. We would love to help them achieve the next step towards licensure!
WE NEED YOUR HELP!
Your generous contribution is needed to support the following funds:
1. The Education Foundation, grants scholarships while providing guidance by assisting worthy students to obtain instruction and training in land surveying and higher education.
2. The Every Member Campaign (EMC), which began in 2006, was created solely for the purpose of supporting the Geomatics Program at Nicholls State University.
3. The Disaster Fund, which stands ready to give relief when disaster hits our area.
4. The Legislative Fund, allowing us to be ready to address legislation affecting our Surveying Profession.
Click here for DONATION OPPORTUNITIES
Or find the link at the top of our home page at www.lsps.net
LEGISLATIVE UPDATE
By: Harper, Duncan & Associates, LLC
We hope you’re enjoying your summer! As we move into the latter half of the year, we want to provide you with information on future advocacy efforts and the tools needed for them to be successful. It is crucial to understand how we can all play a role in shaping laws that affect our profession.
As we look ahead to the next legislative session, our focus remains on advancing the modernization of the land surveying profession in Louisiana. Although House Bill 713 faced challenges in the last session, we are actively working on refining our approach and building broader support to ensure a successful outcome in the future. We encourage members to stay engaged and participate in our upcoming advocacy initiatives. Your voice and expertise are vital in shaping policies that impact our field.
How to Advocate Effectively with Legislators
Whether you’re advocating for specific legislation or raising awareness about the importance of land surveying, here are some tips to help you make a meaningful impact:
1. Understand the Issues:
Before reaching out to your legislator, make sure you are well-informed about the specific bills or issues you want to discuss. Understanding both the benefits and potential criticisms of a bill will allow you to present a balanced argument and respond effectively to any questions or concerns.
Stay updated on the legislative priorities of the Louisiana Society of Professional Surveyors (LSPS) by reading the newsletters and attending meetings or events.
2. Personalize Your Communication
· When contacting a legislator, whether through a letter, email, or phone call, it is important to personalize your message. Introduce yourself as a professional land surveyor and a constituent and explain why the issue is important to you and the community.
· Share personal stories or examples from your professional experience to help illustrate the importance of the legislation or issue.
3. Be Clear and Concise:
Legislators and their staff are often overwhelmed with information, it is important to be clear and concise in your communication. State your position early, provide a few key points and explain what action you would like the legislator to take.
Be respectful and professional, even if you disagree with the legislator’s stance on an issue. Building positive relationships can be crucial for future advocacy efforts.
4. Attend Public Meetings and Town Halls:
Attend public meetings or town halls hosted by your legislators to ask questions and voice your concerns. These events provide a valuable opportunity to speak directly with lawmakers and build a professional relationship with them.
Encourage fellow surveyors and colleagues to attend these events as well to show a unified front and strengthen your message.
5. Utilize Social Media:
Engage with legislators on social media platforms by following their accounts, commenting on relevant posts, and sharing your professional perspective on issues. This can help raise awareness and show that there is active support or concern about specific legislation among their constituents.
Remember to keep all interactions professional and constructive to foster positive relationships.
By following these tips, you can play a crucial role in advocating for the land surveying profession and ensuring that our voices are heard in the legislative process. We want to extend a thank you to all LSPS members for your ongoing dedication and support. As we move forward, we are confident that, together, we can achieve great things for Louisiana surveyors. Stay tuned for further updates and announcements. If you have any questions or need more information, please do not hesitate to reach out!
NICHOLLS STATE GEOMATICS PROGRAM
By: Dr. Esra Tekdal Yilmaz
Greetings from the Geomatics program faculty at Nicholls State University.
NSPS 2024 Team (left to right) Dr. Balaji Ramachandran, Landon Neil, Drew Leboeuf, Jake Chauvin and Brennan Hamner
Geomatics Students were placed sixth out of twenty-four Universities that competed at the National Society of Professional Surveyors’ (NSPS) 23rd Annual Student Competition held by NSPS in conjunction with The NSPS Young Surveyors Network, April 21 – April 24, 2024. Arlington, VA. The team was mentored by Dr. Ramachandran. (See picture at right)
RESTORE-ACT Center of Excellence grant "Developing methods to measure Flotant marsh extent & stability in the BTES" ($610,000) 2024-2026 (Co-PI Ramachandran with four Biological Sciences Scientists investigator).
Dr. Ramachandran helped create Gamma Sigma Theta (ГΣθ) - The National Honor Society for Geospatial Technology - Nicholls Chapter in the Spring 24 semester. The following students from our Geomatics program were inducted into the honor society:
1) James Jones Class of 2024
2) Landon Neil Class of 2024
3) Brennan Hamner - Junior
4) Jake Chauvin – Junior
We look forward to another great semester with Dr. Rami Al-Ruzouq and Dr. Patrick Ogao, our two new faculty members, joining us.
LSPS DISTRICT INFORMATION
District 1
John Teegarden
jteegarden@ascellc.com
District 2
Dillon Baronne
dillonbaronne@gmail.com
District 3
Devon Richard
devoncrichard@gmail.com
District 4
Jason Tuggle
Jason_tuggle@hotmail.com
District 5
Joey Riggin
jriggin@lazenbyengr.com
District 6
Mike King
mking@ntbainc.com
District 8
Lee Broom
lbroom@ballard-clc.com
District 9
Dennis Gowin
dgowin@ddgpc.com
If you are not an LSPS member, we would like to invite you to attend a District meeting in your area. Contact the LSPS office at lsps@lsps.net, or the chairman in your area noted above for details about upcoming meetings.
JOIN LSPS:
The Louisiana Society of Professional Surveyors is organized to enhance the Surveying Profession. Our goal is to carry out our mission by maintaining high technical and cultural standards in our field, working with educational institutions for the maintenance of high standards of education in Land Surveying, requiring a high standard of ethical practice by our members, and encouraging the personal and professional development of young Land Surveyors.
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Click the link below to submit your photos.