We, the people of the City of New Orleans and Parish of Orleans,
trusting in God and grateful for the freedoms we enjoy, do ordain,
establish, approve, and adopt this Home Rule Charter
through which the
City of New Orleans intends to possess and exercise the broadest
rights, powers, privileges and authority of self-government permitted
under the Constitution and laws of the State, pursuant to Section 22 of
Article XIV of the Constitution of the State of Louisiana of 1921, as
amended by Act 551 of 1950 and as
continued by all appropriate Sections of the Constitution of the State
of Louisiana of 1974, particularly but not exclusively Sections 4 and 6
of Article VI.
ARTICLE I. INCORPORATION AND FORM OF GOVERNMENT
Section 1-101. Incorporation.
The inhabitants of the City of New Orleans, within the boundaries now
established by law or as may hereafter be established, shall be and
continue a body politic and corporate by the name of "City of New
Orleans," hereinafter in this Charter called "City." By that name it
shall have perpetual succession and enjoy all of the powers hereinafter
recited.
Section 1-102. Form of Government.
The government provided by this Charter shall be known as the
Mayor-Council form of government. The Mayor shall be aided by a Chief
Administrative Officer who, in the performance of his duties, shall be
responsible to the Mayor.
Section 1-103. Boundaries of the City.
The boundaries of the City shall be as follows: Commencing at a point
in the middle of the Mississippi River on the projected division line
between the Parish of Orleans and the Parish of Jefferson, in the
vicinity of Carrollton, and thence along the said projected line to the
left bank of said river, and thence along the division line between the
Parish of Orleans and the Parish of Jefferson to the south shore of
Lake Pontchartrain, and thence to a point in the middle of Lake
Pontchartrain on the projected said Parish division line, and thence
along the middle of Lake Pontchartrain to the middle of the Rigolets,
and thence along the middle of the Rigolets to Lake Borgne, and thence
along the main shore of Lake Borgne, including all islands within one
marine league distance thereof, to the middle of Fisherman's Canal, and
thence along the middle of Fisherman's Canal to the line of the south
side of Florida Walk, and thence along the said line of Florida Walk to
the lower line of the United States Barracks, a
ARTICLE II. POWERS AND LIMITATIONS
CHAPTER 1. POWERS
Section 2-101. Powers.
(1) The City shall retain, to
the same extent as if herein repeated, all rights, powers, privileges
and authority that it has or could claim under the law of this State at
the time of the adoption hereof, except as herein expressly modified.
(2) In addition to the foregoing, the City shall have all rights,
powers, privileges and authority herein conferred or herein enlarged
and all rights, powers, privileges and authority whether expressed or
implied that may hereafter be granted to a similar corporation by any
general law of the State or that may be necessary or useful to enjoy a
home rule charter.
(3) The rights, powers, privileges and authority heretofore enjoyed,
herein retained or herein claimed shall subsist, notwithstanding the
repeal of any law, until any such right, power, privilege or authority
be altered or taken away by amendment to this Charter in the manner
provided for by the Constitution or as herein provided.
(4) The City, in addition to the rights, powers, privileges and
authority expressly conferred upon it by this Charter, shall have the
right, power, privilege and authority to adopt and enforce local
police, sanitary and similar regulations and to do and perform all of
the acts pertaining to its local affairs, property and government which
are necessary or proper in the legitimate exercise of its corporate
powers and municipal functions.
(5) No enumeration of any right, power, privilege or authority
hereinafter made and no repeal of any law under which the City derives
any right, power, privilege or authority shall be construed as limiting
or abolishing any right, power, privilege or authority hereinabove set
forth.
(6) The rights, powers, privileges and authority of the City of New
Orleans under this Charter shall be construed liberally in order to
establish the broadest measure of local self-government in any and all
matters not prohibited or reserved to the state by the Louisiana
Constitution.
CHAPTER 2. BILL OF RIGHTS
Section 2-201. Preamble to the Bill of Rights.
This Bill of Rights is aspirational in nature. It incorporates guiding
principles from the United States Constitution as well as the Louisiana
Constitution. It reflects the beliefs, convictions and goals of the
citizens of New Orleans.
Section 2-202. Bill of Rights.
(1) All persons are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act toward one another
with respect.
(2) All government, of right, originates with the people, is
founded on their will alone, and is instituted to protect the rights of
the individual and to provide for the general welfare of the people.
(3) The people have the right to a government responsive to
their will and the right to take part in the government of the City,
either directly or through freely chosen representatives.
(4) The people have the right to lawful and peaceful assembly,
to petition the government for redress of grievance, and to equal
access to public services.
(5) The people have the right to life, liberty, and security of
person, the right to live free from fear or violence, and the right to
safe neighborhoods conducive to the enjoyment of liberty.
(6) No law shall deprive any person of any rights, privileges,
or immunities secured by the Constitution and laws of the United States
or the State of Louisiana, nor shall any law discriminate against any
person because of race, color, religion, or national origin. No law
shall arbitrarily and capriciously or unreasonably discriminate against
a person because of birth, disability, age, sex, sexual orientation,
gender identification, culture, language, social origin, or political
affiliations.
(7) The people have the right to freedom of opinion and
expression. No law shall restrain freedom of speech or freedom of the
press.
(8) The people have the right to freedom of thought,
conscience, and religion. No law shall be enacted respecting an
establishment of religion.
(9) The people have the right to a government of the highest
ethical standards, free from corruption, untainted by graft and
conducted in accordance with sound fiscal planning and administration.
(10) The natural resources of the City and the healthful,
scenic, historic, and aesthetic quality of the municipal environment
shall be protected, conserved, and replenished insofar as possible
consistent with the health, safety, and welfare of the people.
(11) This Bill of Rights shall not create any enforceable
rights, duties, obligations or causes of action under this Charter
beyond those guaranteed by the Constitution of the United States or the
Constitution of the State of Louisiana.
ARTICLE III. THE COUNCIL
Section 3-101. Legislative Powers.
(1) All legislative
powers of the City shall be vested in the Council and exercised by it
in the manner and subject to the limitations hereinafter set forth.
(2) The Council shall have the right to levy any and all classes of
taxes, excises, licenses, liens and fees necessary for the proper
operation and maintenance of the municipality for the payment of debt,
and for capital improvements that are not expressly prohibited by the
Constitution provided that no specific tax or service charge affecting
real property or motor vehicles shall be levied unless approved by a
majority of the qualified electors voting thereon in an election held
for that purpose. A specific tax or service charge affecting real
property or motor vehicles is one which is imposed as a fixed sum on
each article of a class without regard to its value provided, however,
that the term "service charge affecting real property or motor
vehicles" shall not be construed or interpreted to include or mean any
charge, (including but not limited to a sanitation charge), fee,
license, permit or rate imposed or levied pursuant to the regulatory
authority of the City of New Orleans in the operation of the
Section 3-102. Number and Terms of Councilmembers.
The Council shall consist of seven members, of whom five shall be
elected from districts and two from the City at large. The terms of
councilmembers shall be four years beginning on the first Monday in May
next following their election except that a councilmember elected to
fill a vacancy shall serve only for the remainder of the unexpired
term. If applicable law provides for a primary and general election for
Mayor and members of the Council in the year 2005 and every fourth year
thereafter, the Council shall take office beginning in the year 2006 on
the third Monday in January.
Section 3-103. Council Districts.
(1) The City shall be divided into five Council Districts. Each
District shall serve as the basis for electing a district
councilmember. The five Districts shall be those existing on January 1,
1995, except as thereafter changed in accordance with the provisions of
this Charter. The Council shall maintain maps and written descriptions
of the Council districts for public review and inspection and shall
make copies available, through sale or otherwise, to the public.
(2) It shall be the mandatory duty of the Council to redistrict the
City by ordinance, which shall not be subject to veto by the Mayor,
within six months after the official publication by the United States
of the population of the City by precinct as enumerated in each
decennial census. Each council district shall contain as nearly as
possible the population factor obtained by dividing by five the City's
population as shown by the decennial census. At the expiration of the
six month period, if the Council shall have failed to redistrict the
City as herein required, the responsibility for redistricting shall
pass to a Redistricting Commission, consisting of the presidents or
chancellors or a person designated by the president or chancellor of
Dillard University, Loyola University, Southern University of New
Orleans, Tulane University, the University of New Orleans and Xavier
University and a designee selected by each member of the Council. Each
member of the Redistricting Commission shall be an elector of
Section 3-104. Qualifications of Council-members.
(1) A councilmember shall be a citizen of the United States and a
qualified elector of and domiciled in the City and shall not hold any
other public office or position, except that the councilmember may hold
the office of Notary Public, office in the military or naval forces or
a position as a public school, public college, or public university
administrator, teacher, instructor, or professor. Candidates for
councilmember-at-large shall have been domiciled in the City for two
years immediately preceding their election. Except as provided in
paragraph (2) of this Section, candidates for district councilmember
shall have been domiciled in the districts from which elected for at
least two years immediately preceding their election. Any councilmember
who ceases to be domiciled in the district from which elected shall
thereby vacate the office.
(2) At the next regular election for members of the Council
following Council redistricting, an elector may qualify as a candidate
from any district created in whole or in part from a district existing
prior to redistricting, if the elector was domiciled in that prior
district for at least two years immediately preceding qualification.
The seat of any member who changes domicile from the district
represented or, if elected after redistricting, whose domicile is not
within the district represented within one year after taking office
shall be vacated thereby, any declaration of retention of domicile to
the contrary notwithstanding.
Section 3-105. Election of Councilmembers.
(1) At an election to be held every four years at the time of the
election of the Mayor in accordance with the election laws of the
state, one councilmember shall be elected from each council district
and two from the City at large. Each elector may vote for one district
councilmember from that elector's district, and may also vote for two
councilmembers-at-large.
(2) A vacancy in the office of any councilmember shall be filled as follows:
(a) If the unexpired term is less than one year, the remaining
members of the Council shall select by a majority vote of all of its
members a citizen with the requisite qualifications to fill the vacancy
for the unexpired term. Vacancies shall be filled only at a regular
meeting of the Council after reasonable notice of the vacancy to all
remaining members of the Council. Should the Council fail to fill any
vacancy within thirty days after its occurrence, the Mayor shall
appoint a citizen with the requisite qualifications to fill the vacancy
for the unexpired term. A citizen selected or appointed to fill such
vacancy shall be ineligible to qualify as a candidate for that office
at the next election.
(b) (i) If the unexpired term is for one year or more, the vacancy
shall be filled by special election, to be called by the Council within
ten days after its occurrence and to be held in accordance with the
election laws of the State, at which time the electors of the City, or
should the vacant office be that of a district councilmember, the
electors of that district, shall elect a citizen with the requisite
qualifications to fill the vacancy for the remainder of term; provided
that if any special or general election is to be held in the City after
sixty days and within six months after occurrence of the vacancy, then
the election shall be held in conjunction with such other election.
(ii) During the period between the time of vacancy and the filling
of such vacancy by special election, the Council, by majority vote of
its entire membership, shall select a citizen with the requisite
qualifications to fill the vacancy. Should the Council fail to fill any
vacancy within thirty days after its occurrence, the Mayor shall
appoint a citizen with the requisite qualifications to fill the vacancy
during the interim period. A citizen selected or appointed to fill the
vacancy shall be ineligible to qualify as a candidate for that office
at the next election called to fill the vacancy.
(3) A person who has served as a councilmember representing a
Council district for more than one and one-half terms in two
consecutive terms shall not be elected as a councilmember representing
a Council district for the succeeding term. A person who has served as
a councilmember-at-large for more than one and one-half terms in two
consecutive terms shall not be elected as a councilmember-at-large for
the succeeding term.
Section 3-106. Salaries and Removal of Councilmembers.
(1) The salary of each councilmember shall be as provided by
ordinance, provided that each councilmember shall receive the same
salary and that no increase of salary shall be effective during the
term in which said increase is voted. No change in the salaries of
councilmembers made during the last six months of any term shall be
valid as to any councilmember elected for a succeeding term.
(2) Councilmembers shall be removed from office only in the following manner and for the following reasons:
(a) If a councilmember pleads guilty or nolo contendere to a federal
or state felony charge, the Council shall, by majority vote of its
entire membership, declare that the seat of the councilmember is vacant
due to the disqualification of the incumbent for felonious behavior and
shall forthwith proceed to fill the vacancy in accordance with the
applicable provisions of Section 3-105 of this Charter. Should the
Council fail to fill any vacancy within thirty days after its
occurrence, the Mayor shall appoint a citizen with the requisite
qualifications to fill the vacancy.
(b) (i) If a councilmember is convicted of a federal or state
felony, that councilmember shall be automatically suspended from the
seat without compensation. The suspension without compensation shall
continue until the conviction is final and all appellate review of the
original trial court proceedings is exhausted, at which time the
Council shall, by majority vote of its entire membership, declare that
the seat of the councilmember is vacant due to the disqualification of
the incumbent for felonious behavior and shall forthwith proceed to
fill the vacancy in accordance with the applicable provisions of
Section 3-105 of this Charter. Should the Council fail to fill any
vacancy within thirty days after its occurrence, the Mayor shall
appoint a citizen with the requisite qualifications to fill the
vacancy. During the period of suspension, the councilmember shall not
perform any official act, duty, or function nor shall the councilmember
receive any compensation, pay, allowance, emolument, or privilege of th
(ii) During this suspension, the Council shall, by a majority
vote of its entire membership, declare that the seat of the
councilmember is temporarily vacant due to suspension and shall
forthwith proceed to fill the vacancy in accordance with the applicable
provisions of Section 3-105(2)(a) of this Charter. Should the Council
fail to fill any vacancy within thirty days after its occurrence, the
Mayor shall appoint a citizen with the requisite qualifications to fill
the vacancy. Any citizen appointed to fill a temporary vacancy under
the terms of this section shall serve in the appointed capacity until
the conviction of the councilmember is reversed on appeal or until
expiration of the term of office of the suspended councilmember,
whichever comes first.
(c) If a councilmember is recalled from office in accordance with
applicable state or municipal law, the vacancy shall be filled
forthwith in accordance with the applicable provisions of Section 3-105
of this Charter.
Section 3-107. Organization of the Council; Officers; Rules; Employees.
(1) The members of the Council shall take office on the same day as the
Mayor in accordance with Section 4-201 of this Charter. The Council
shall meet in the Council Chamber at the City Hall for organization at
noon on the day its members take office, at which time it shall elect
one at-large member as President and any one of its other members as
Vice-President, both of whom shall serve at pleasure of the Council. It
shall also elect a Clerk of Council who shall not be selected from its
own membership. In the event of the President's absence or disability,
the Vice-President shall act as President. All councilmembers,
including the President, shall have the right to vote in the Council at
all times, except when a councilmember-at-large is serving as Acting
Mayor, in which case the councilmember-at-large may vote on such
matters and for the limited purposes as provided in Section 4-204 of
this Charter. Five members of the Council shall constitute a quorum.
(2) The Council shall adopt rules governing its officers and
employees, the organization of committees, and the transaction of its
business.
(3) The Council shall adopt such reasonable rules and regulations,
which are used herein synonymously, affecting the public, including
regulations relating to petitions or applications to be presented to it
and the hearing and determination thereof, as are not inconsistent with
applicable law and as are necessary to the performance of the functions
assigned to it, provided that no such regulations shall become
effective until they shall have been published in the official journal
at least one week prior to their adoption and shall have been
subsequently adopted by the Council. The regulations shall also be
published in the official journal after adoption by the Council. Such
regulations shall be kept and indexed by the Clerk of Council, who
shall make them available to members of the public upon request.
(4) Consistent with civil service law and regulations, the Council
may employ such employees as may be necessary for the proper discharge
of its functions and shall establish by ordinance a pay plan for all
its employees who are in the unclassified service.
(5) The rules of the Council shall provide for regular meetings,
which shall be held twice a month, provided that the Council may call
additional regular meetings during the months of November and December
by giving at least seventy-two hours advance public notice of an
additional regular meeting. The Council's rules shall fix the time,
date, and place of all regular meetings. Special meetings of the
Council may be called by the Mayor or President of the Council and
shall be called by the President upon petition of a majority of all
members of the Council.
(6) Any person shall be entitled upon request in writing to the
Clerk of Council and subject to such regulation as the Council may have
prescribed, to a reasonable hearing on any proposed ordinance. The
Council may in its discretion provide for such hearing by the entire
Council or a Committee thereof.
(7) The Clerk of Council shall maintain a current and comprehensive
index of all ordinances, resolutions, motions, rules, and regulations.
Further, the Clerk of Council shall publish or cause to be published a
current City Charter.
Section 3-108. Council Meetings to be Public.
The meetings of the Council and its committees shall be open to the
public in accordance with applicable state and municipal law.
Section 3-109. Applicability of Certain General Provisions.
The Council and its employees shall be subject to the provisions of
this Charter relative to the procurement of personal property,
printing, engraving, and publication, contracting for public utility
services, maintenance of equipment, disposal of personal property,
payment for services and other expenses, distribution of printed matter
and any applicable civil service law, rules and regulations.
Section 3-110. Mayor May Appear Before Council.
The Mayor shall have the right to attend any meeting of the Council or
any of its committees and may express views on matters pending before
the Council but shall have no right to introduce any motion,
resolution, ordinance, or amendments thereof, nor to vote thereon.
Section 3-111. Legislation by Ordinance.
Every act of the Council which is to become law shall be by ordinance
and shall begin with the words: "The Council of the City of New Orleans
hereby ordains:". Repetition of the ordaining clause in succeeding
portions of an ordinance shall not be required.
Section 3-112. Introduction, Consideration, and Passage of Ordinances.
(1)
Proposed ordinances must be complete and in writing and may be
introduced by any member at any meeting of the Council. Every ordinance
shall embrace but one object except those approving the annual
operating and capital budgets and codifications.
(2) After a proposed ordinance has been introduced, copies of it
shall forthwith be prepared and distributed to each member of the
Council and the Mayor and made available to the public.
(3) A proposed ordinance shall not be altered or amended during its
consideration so as to nullify its original purpose or so as to
accomplish an object not germane to its original purpose.
(4) A proposed ordinance shall lie over at least six calendar days
beginning the day after its introduction before being finally
considered by the Council.
(5) Proposed ordinances on any of the following specified subjects
can be adopted only at a regular meeting of the Council and shall not
be adopted until at least twenty calendar days have transpired
beginning on the day after the date of introduction of the ordinance
and not until a notice of the introduction of such proposed ordinance
shall have been published in the official journal of the City not less
than seven calendar days nor more than fourteen calendar days after the
introduction thereof, which notice shall state the substance of the
proposed ordinance and the date of the meeting at which the Council
shall begin its consideration thereof:
(a) Levying or increasing the rate of any tax or excise.
(b) Imposing any license, requiring any permit, establishing any
charge for services rendered, or increasing the rate of any license,
fee, or utility charge.
(c) Zoning or rezoning, or changing the zoning districts or classifications.
(d) Alienating any immovable property or granting any servitude, franchise, or privilege.
(6) The Clerk of Council shall distribute to all members of the
Council and shall make available to the public copies of any proposed
ordinance as soon as possible, but no later than two business days
after introduction of the proposed ordinance.
(7) An amendment to a pending ordinance shall not require an
additional period of days to lie over before it may be adopted by the
Council, unless such amendment introduces new subject matter which is
subject to the provisions of Section 3-112(5) as provided above.
(8) Each proposed ordinance shall be read by title when called for final passage.
(9) Votes at final passage shall be taken by ayes and nays and the
names of the councilmembers voting for and against each proposed
ordinance or amendment shall be entered upon the journal of proceedings
to be kept of all transactions of the council.
(10) No proposed ordinance shall be adopted except by the affirmative vote of a majority of all members of the Council.
(11) Should the Council by unanimous vote of a quorum declare the
existence of an emergency due to act of God, riot, war, or a grave
emergency which threatens widespread loss of life or grievous injury to
health or property, the Council by unanimous vote of a quorum may waive
all of the requirements of this Section pertaining to procedure, except
those relating to the number of votes required for passage and the
recordation of the vote in the official journal.
Section 3-113. Submission of Ordinances to the Mayor.
(1) Every ordinance adopted by the Council shall be signed by its
presiding officer and presented promptly by the Clerk to the Mayor.
(2) The Mayor, within ten calendar days of receipt of an ordinance,
shall return it to the Clerk with or without his approval or with his
disapproval. If the ordinance has been approved it shall become law
upon its return to the Clerk; if the ordinance is neither approved nor
disapproved it shall become law at twelve o'clock noon on the tenth
calendar day after its adoption; if the ordinance is disapproved, the
Mayor shall submit to the Council through the Clerk a written statement
of the reasons for the veto. The Clerk shall record upon the ordinance
the date of its delivery to and receipt from the Mayor.
(3) Ordinances vetoed by the Mayor shall be presented by the Clerk
to the Council at its next regular meeting, and should the Council then
or at its next regular meeting adopt the ordinance by an affirmative
vote of two-thirds of all its members, it shall become law.
(4) The Mayor may disapprove or reduce any item or items of
appropriation in any ordinance except any such item or items
appropriated for the purpose of auditing or investigating any part or
all of the Executive Branch. Subject only to the foregoing exceptions,
the approved part or parts of any ordinance making an appropriation
shall become law, and the part or parts disapproved shall not become
law unless subsequently passed by the Council over the Mayor's veto as
provided herein.
(5) All ordinances which have become law shall immediately be
deposited in the official archives of the Clerk of Council. The Clerk
shall note on the face of the ordinance the date and time it has become
law, and the ordinance shall become effective at noon on the following
day, provided that ordinances adopted to meet emergencies shall become
effective at the time they become law. Except as otherwise provided in
this Charter, the Clerk shall cause each ordinance which has become law
to be published in full in the official journal.
Section 3-114. Codification of Ordinances.
(1) The Council shall cause to be maintained a code of ordinances,
hereinafter referred to as the "code," containing all of the ordinances
of the City of general application which are appropriate for
continuation as law. The code may consist of parts which may be
published, bound, and distributed separately. The code shall be
maintained by the Clerk of Council, or the Council may execute a
contract for its maintenance by professional persons or organizations
experienced in the revision and codification of ordinances or statutes.
(2) The City Attorney shall direct the inclusion of ordinances in
the code and shall direct the removal from the code of ordinances that
have been declared unconstitutional or illegal by a court of competent
jurisdiction in a final judgment or that are the subject of a permanent
injunction. The City Attorney shall notify the Mayor and the Council of
intended action pursuant to this paragraph, and such action shall
become effective upon approval by a majority of the entire Council or,
if no action is taken at the first or second regular meeting subsequent
to its receipt of the notice of intended action, the City Attorney's
action shall become effective on the Monday following the second
regular Council meeting subsequent to receipt of the notice.
(3) The Council may adopt or amend any standard code of technical
regulation by reference thereto in an adopting or amending ordinance.
The procedures and requirements governing such an adopting or amending
ordinance shall be those as prescribed for ordinances generally, except
that the adopting ordinance shall be construed to include copies of the
codes of technical regulations referenced in the adopting ordinance, as
if fully reproduced therein. A copy of each adopted code of technical
regulations and the adopting ordinance and any amendment thereto shall
be deposited with the Clerk of Council in accordance with Section
3-113(5) of this Charter. The adopted codes of technical regulations
may be published separately from other sections of the code, in which
event said codes shall be collectively referred to as the codes of
technical regulations.
(4) When the code, including the codes of technical regulations, or
any general revision shall have been prepared, the Council shall cause
copies of the same to be prepared and made available for public
distribution and placed in the City Archives of the New Orleans Public
Library. No ordinance approving such code or revision shall be adopted
until ninety days have elapsed following the date on which the Council
shall have noted in the official journal the availability of copies of
such proposed code to the public, nor until compliance with all
applicable state and municipal laws. The code and general revisions
need not be printed in the official journal but the Council shall cause
the code or revisions to be published, bound, and distributed as
provided in this Section.
(5) All proposed ordinances of general application introduced after
approval of the code shall be adopted as amendments to the code and
shall indicate the section numbers to be assigned to the text of such
ordinances in the code.
Section 3-115. Consideration and Adoption of the Annual Operating Budget Ordinance.
(1) The Council, upon receipt of the operating budget, shall
immediately publish a notice in the official journal, setting forth:
(a) A summary of the official forecast of the Revenue Estimating
Conference, a summary of the proposed budget of revenues, and a summary
of the estimated expenditures.
(b) The detail of recommended new sources of revenue or increased rates for existing taxes, licenses, fees, or other revenues.
(c) The availability of copies of the budget at the office of the Clerk of Council.
(d) The date, time, and place at which the Council will commence its
public hearings upon the proposed budget, which shall not begin sooner
than the fifth business day after the date of the publication of such
notice.
(2) The Council, upon conclusion of the public hearings but not
later than the first day of December, shall adopt the operating budget
ordinance in the form submitted by the Mayor, but it may increase,
decrease, or delete any item of appropriation recommended by the Mayor.
Upon concurrence of two-thirds of its members, it may add new items of
appropriation or subdivide items of appropriation, provided, however,
that all appropriations for personal services shall be made only in
lump sum amounts and not by specific positions or rates of pay, except
as otherwise provided by applicable law.
(3) Amendments to the annual operating budget ordinance shall be
considered and approved by the Council under the same procedures
prescribed for its original adoption, but no amendment shall increase
the aggregate of authorized expenditures to an amount greater than the
estimate of revenues for the year. No state law, executive order, rule,
or regulation requiring increased expenditures for any purpose that
requires approval of the City shall become effective until approved by
an ordinance identifying the legislative appropriation, local revenue,
or other specific source of funds from which such increased
expenditures shall be paid and only after affording the Revenue
Estimating Conference a period of seven days within which to review and
comment on the proposed source of funds.
Section 3-116. Budget of Revenues.
(1) The Council, at the meeting at which the annual operating budget
ordinance is adopted and within the limits of its power and subject to
other provisions of this Charter, shall ordain such taxes and other
revenue measures as will yield sufficient revenue which together with
available surplus will balance said budget.
(2) The annual operating budget ordinance shall not become effective
until the budget has been balanced. The Department of Finance shall not
approve any expenditure under any portion of an annual operating budget
ordinance until sufficient estimated revenues have been provided to
finance the proposed expenditures.
(3) Revenues shall be estimated only upon the basis of generally
accepted accounting principles as defined by the Governmental
Accounting Standards Board, or any successor organization, for the
fiscal year.
Section 3-117. The Capital Program and Capital Budget.
(1) The Council shall approve a capital program and adopt a capital budget before it ordains the annual operating budget.
(2) The Capital Program.
(a) The capital program shall detail all permanent physical
improvements that are planned to be financed in whole or in part from
funds that are or may become subject to control or appropriation by the
Council during each of the ensuing five years. For each separate
project there shall be shown the amount and the sources of the money
that has been expended or encumbered, or is to be expended or
encumbered before the next fiscal year, and also the amount and the
sources of the money planned to be expended during each of the ensuing
five years.
(b) The Council may not amend the capital program as submitted to
it, until it has requested and received through the Mayor the
recommendations of the City Planning Commission with respect to the
proposed amendment. The Council shall not be bound by such
recommendations and may act without them if they are not received
within fifteen days from the date they are requested.
(3) The Capital Budget Ordinance.
(a) The capital budget ordinance shall show in detail the capital
expenditures to be made or incurred in accordance with the capital
program during the next year. Amounts budgeted shall constitute
appropriations from the funds indicated when available.
(b) Amendments to the capital budget ordinance must conform to the capital program, as amended.
Section 3-118. Adoption of Pay Plans.
All persons employed by the City or any of its boards, whether as
officers or otherwise, and paid either in part or in whole from
appropriations made by the Council, except those whose compensation is
fixed in this Charter, shall be compensated only in accordance with pay
plans adopted by the Council. The pay plan for those persons in the
classified service shall be in accordance with the prevailing
provisions of the civil service law and the rules and regulations
adopted thereunder. Council employees who are in the unclassified
service shall be compensated in accordance with the provisions of
Section 3-107(4) of this Charter. The pay of all other persons shall be
upon the basis of a pay plan recommended by the Mayor and adopted by
ordinance.
Section 3-119. Creation of General Debt.
(1) The Council shall exercise all powers previously vested in the
Commission Council in connection with the creation of debt by the Board
of Liquidation, City Debt, on behalf of the City of New Orleans;
provided, however, that except as expressly authorized elsewhere in
this Charter, the Council shall not have authority to submit to the
people any proposition creating any bonded indebtedness for the
following purposes:
(a) The payment of any operating expense.
(b) The payment of any judgment resulting from the failure of the City to pay any item or items of operating expense.
(c) The payment for any equipment or any public improvement of a normal life of less than ten years.
The City shall have the authority, except as otherwise prohibited by
this Charter, to incur any debt of a term longer than one year
permitted under the Constitution and applicable state and municipal law
with the approval of a majority of all members of the City Council.
(2) The foregoing limitations shall not apply should the Council
unanimously declare the existence of an emergency due to act of God,
riot, war, or a grave emergency which threatens widespread loss of life
or grievous injury to health or property.
Section 3-120. Creation of Special Assessment Debt.
The Council may authorize the issuance of certificates of indebtedness
to finance assessable public improvements only to the extent provided
in this Charter and in the manner provided by law.
Section 3-121. Anticipation of Revenues.
The
Council may, subject to such limitations as may be contained in the
Constitution, borrow in any calendar year in anticipation of the
collection of the taxes of that year, and for any of the purposes for
which such taxes are levied, such sums as shall not be in excess of
seventy-five per cent of the amount of the uncollected taxes of such
year.
Section 3-122. Official Journal.
(1) The Clerk of
Council shall annually offer a contract for the publication of the
official journal of the City to be awarded to the lowest competitive
bidder meeting the specifications contained in the bid documents. The
requirements for the official journal shall be established by ordinance.
(2) The ordinance establishing requirements shall also stipulate
that the official journal will accept for publication, at not more than
the same rates, the official publications of the various officers,
departments and boards of the City.
(3) Unless prohibited by applicable and preemptive state law, the
Council may provide by ordinance that any item required by this Charter
to be published in the official journal may instead be published
electronically or in a register. The Chief Administrative Officer shall
be responsible for implementation of said ordinance. Any contract for
such publication shall be subject to applicable public bid laws and
competitive selection procedures.
Section 3-123. Publication of Ordinances and Official Acts.
(1) All ordinances and other official acts of the Council shall be
published promptly after their adoption by one insertion in the
official journal, except as otherwise provided by applicable state or
municipal law or this Charter.
(2) The Council may provide for or require the publication in the
official journal of all or any part of the proceedings, notices, and
actions of officers, departments and boards of the City.
Section 3-124. Investigations.
(1) The Council shall have the power to conduct investigations of:
(a) The operation of any office, department or board administering the affairs of the City.
(b) Any subject upon which it may legislate.
(c) Any entity which receives funds from the City or which is funded
in whole or in part by City taxes, fees, fines, bond proceeds, or other
revenue generated by or under the authority of the City. Such
investigation shall be limited to the use or expenditure of such funds.
(d) Any entity which was created or exists under the authority of the City.
(2) In conducting investigations, the Council shall have the right
to administer oaths, subpoena witnesses and compel the production of
books and papers pertinent thereto.
Section 3-125. Removal of Unclassified Appointees.
The Council may bring charges against any person appointed to the
unclassified service for lack of qualifications, incompetence, neglect
of duty, failure to comply with a lawful directive of the Civil Service
Commission or gross misconduct in reference to that person's duties.
The charges shall be presented in writing to the appointing authority
and to the accused, and if the appointing authority does not remove the
accused, the Council may order a public hearing thereon, at which the
accused and the appointing authority shall have the right to be heard,
to be represented by counsel, and to require the attendance of
witnesses and the production of relevant books and papers. If, after
hearing, the accused be found guilty as charged, the accused may be
suspended or dismissed from the City service by the affirmative vote of
a majority of the entire membership of the Council.
Section 3-126. Temporary Prohibitions.
(1) The Council may by the affirmative vote of a majority of its
membership impose a moratorium ordinance, interim zoning district, or
other temporary prohibition on zoning, permitting, and other similar
functions where necessary to protect the public health, safety, or
welfare for a temporary period. All such temporary prohibitions shall
specify the type of review required and the city agency responsible for
the review; the agency shall complete its review and provide its report
to the Council within the time limits established for such temporary
prohibitions. No moratorium ordinance, interim zoning district, or
other temporary prohibition shall remain in effect for more than one
year, provided that the Council may by ordinance authorize one
extension for an additional period of 180 days. In the event that the
agency responsible for the required review has not completed its review
and submitted its report within the initial period or the 180 day
extension, the Council may by ordinance extend the temporary p
(2) Any moratorium ordinance, interim zoning district, or other
temporary prohibition in effect on January 1, 1996 shall be limited to
a term of one year in duration from that date subject to extensions as
provided in paragraph (1) above.
(3) Any moratorium ordinance, interim zoning district, or other
temporary prohibition shall provide for a right of appeal to the
Council for waivers or exceptions thereto. Such waivers or exceptions
may be granted by an ordinance adopted by a majority of all members of
the Council.
Section 3-127. Creation of Advisory Committees.
The Council may appoint advisory committees which shall exist for not
more than one year from the date of appointment, but which may be
reappointed from year to year. The members of advisory committees shall
not be paid; their function shall be limited to counsel and advice, and
their expenses, if any, shall be paid from appropriations to the
Council. Advisory committees shall have no employees, but the Council
may cause its employees to furnish such service as may be needed by
said committees.
Section 3-128. Granting of Franchises.
(1) The Council shall have the power to grant franchises, privileges
and permits, fixed or indeterminate, for the use of the streets and
other public places for the furnishing of any service to the City or to
its inhabitants subject to applicable state or municipal law. All
franchises, privileges and permits and any renewals, extensions and
amendments thereof, shall be granted only by ordinance. All such
proposed ordinances shall be submitted to the Department of Utilities
or its successor and it shall render to the Council a written report
containing recommendations thereon.
(2) Each such proposed ordinance granting a franchise, privilege, or
permit, after having been introduced in the Council, shall be laid over
and published once in full in the official journal. There shall then be
published in the official journal once during each calendar week for
the two successive weeks immediately following said publication in
full, notices of intention, briefly describing the content of the
proposed ordinance and citing where it can be seen. If any time during
such period of publication, any citizen shall file notice with the
Clerk of Council of a desire to be heard with respect to the proposed
ordinance, it shall be the duty of the Council, after notice thereof in
the official journal, to hold a public hearing thereon. After
publication or public hearing as the case may be, the Council may
approve, disapprove or amend the proposed ordinance. Should the Council
desire to amend such proposed ordinance, it shall, before final
passage, request the recommendation of the Department of Util
(3) The City shall be reimbursed by the grantee for all costs
of publishing the preliminary ordinance, notices of intention and
public hearing, and final ordinance.
(4) Should a proposed ordinance granting a franchise, privilege, or
permit affect any portion of the Master Plan of the City Planning
Commission, the Council shall before final consideration and passage
request a recommendation from the City Planning Commission with respect
thereto.
Section 3-129. Terms.
(1) Franchises, privileges and permits shall specify their purpose and
the streets or other public areas which they affect. No perpetual
franchise shall be granted.
(2) The Council shall, when granting an indeterminate permit, and
may in other instances, reserve to the City the right to purchase the
property of the utility devoted to the service furnished.
(3) The Council may require adequate consideration for the privilege
of using the streets or other public areas in the ordinance granting a
franchise, privilege or permit.
(4) No assignment of any franchise, privilege or permit shall be valid without the approval of the Council.
Section 3-130. Establishment of Rates.
(1) The Council
of the City of New Orleans shall have all powers of supervision,
regulation, and control consistent with the maximum permissible
exercise of the City's home rule authority and the Constitution of the
State of Louisiana and shall be subject to all constitutional
restrictions over any street railroad, electric, gas, heat, power,
waterworks, and other public utility providing service within the City
of New Orleans including, but not limited to the New Orleans Public
Service, Inc. and the Louisiana Power and Light Company, their
successors or assigns.
(2) In the exercise of its powers of supervision, regulation and
control of any street railroad, electric, gas, heat, power, waterworks,
or other public utility, the Council shall, in cases involving the
establishment, change or alteration of rates, charges, tolls, prices,
fares or compensation for service or commodities supplied by such
utilities, cause notice of the matter to be served upon the person,
firm or corporation affected thereby, so that such person, firm or
corporation shall have an opportunity, at a time and place to be
specified in said notice, to be heard in respect to said matter. The
Council shall make all necessary and reasonable rules and regulations
to govern applications for the fixing or changing of rates and charges
of public utilities and all petitions and complaints relating to any
matter pertaining to the regulation of public utilities, and shall
prescribe reasonable rules and regulations to govern the trial, hearing
and rehearing of all matters referred to herein, under the sam
(3) The City of New Orleans may institute or participate in any
proceeding affecting the City Council's powers of supervision,
regulation and control granted hereunder over public utilities or
affecting in any way the interests of the ratepayers of the City of New
Orleans, and any recovery or benefit derived from any such proceeding
shall be allocated by the City Council as it deems fit and proper,
pursuant to such reasonable rules and regulations as the Council may
adopt.
(4) The City Council's powers of supervision, regulation and control
over any street railroad, electric, gas, heat, power, waterworks, or
other public utility shall include, inter alia, the power to allocate
any funds, awards, recovery or any other benefit obtained by any public
utility supervised, regulated or controlled under the provisions of
this Chapter from any person, firm or corporation in connection with or
in any way related to negotiations, judicial or administrative
proceedings, directly or indirectly related to or in connection with
any matter which is under the powers and authority herein granted to
the City Council affecting the ratepayers in the City of New Orleans,
and such allocations shall be made by ordinance or resolution, provided
same shall be in accordance with the provisions hereof.
(5) The powers of supervision, regulation, and control over any
street railroad, electric, gas, heat, power, waterworks, or other
public utility, shall include the authority to assess against such
public utilities all costs, fees, and expenses incurred by the City of
New Orleans in (a) the exercise of its powers of supervision,
regulation, and control thereof, (b) the conduct of or participation in
judicial, administrative or other proceedings which directly or
indirectly affect the ratepayers of the City of New Orleans, including
but not limited to the costs, fees and expenses of all services
provided by consultants, engineers, attorneys, experts and such other
persons, firms or corporations having expertise in the supervision,
regulation or control of a public utility and (c) any costs, fees, and
expenses otherwise related to such other matters over which the Council
has jurisdiction.
(6) The orders of the Council fixing or establishing any rate, fare
or charge for any commodity furnished, service rendered, or to be
rendered, by any street railroad, electric, gas, heat, power,
waterworks, or other public utility, or allocating any funds or other
benefits, shall go into effect at such time as may be fixed by the
Council and shall remain in effect and be complied with, unless and
until changed, set aside or suspended by the Council or by a court of
competent jurisdiction. Such order of the Council shall be upon a
resolution or an ordinance in open council meeting and passed by an
affirmative vote of a majority of all members of the Council.
(7) The orders of the Council shall be enforced by the imposition of
such reasonable penalties as the Council may provide, and any party in
interest may appeal from orders of the Council to the Civil District
Court for the Parish of Orleans by filing suit against the Council
within thirty (30) days from the date of the order of the Council, and
not thereafter.
(8) The Council shall supervise, regulate, and control any street
railroad, electric, gas, heat, power, waterworks, or other public
utility, including but not limited to New Orleans Public Service, Inc.
and Louisiana Power and Light Company, and their respective successors
and assigns. The Council shall have the right and authority to obtain
from the street railroad, electric, gas, heat, power, waterworks, or
other public utility, supervised, regulated and controlled by it all
information, papers, books, records, documents, and such other
materials as shall be necessary and proper for the exercise of said
powers, regulatory or otherwise and all costs, fees, and expenses in
connection therewith shall be borne by the public utility required to
furnish or produce same.
(9) No matter subject to the supervision, regulation and control of
the Council, as provided herein, shall be affected, augmented,
diminished, or modified in any manner or form except as provided herein
or by subsequent order or action of the Council or by order or judgment
of a court of competent jurisdiction.
Section 3-131. Special Permits.
(1) The Council may by ordinance provide for the issuance of revocable
permits limited as to time and purpose for the use of the streets and
other public places when the furnishing of a public service to the City
or to its inhabitants is temporarily required.
(2) The Council may by ordinance provide for the issuance of
certificates of public necessity and convenience and for the regulation
and supervision of all passenger vehicles offered for hire on the
streets and other places.
ARTICLE IV. EXECUTIVE BRANCH
CHAPTER 1. ORGANIZATION AND GENERAL PROVISIONS
Section 4-101. Executive Powers.
All executive and administrative powers of the City shall be vested in and exercised by the Executive Branch.
Section 4-102. Organization.
The Executive Branch shall consist of the Office of Mayor, of which the
Mayor shall be the head; the Administrative Office, of which the Chief
Administrative Officer shall be the head; the department heads; the
unattached board in Article V of this charter; and the following
departments and boards; all of which are hereby created and established
or continued and recognized:
(1) Departments:
Department of Law
Department of Police
Department of Fire
Department of Safety and Permits
Department of Sanitation
Department of Public Works
Department of Recreation
Department of Human Services
Department of Health
Department of Finance
Department of Property Management
Department of City Civil Service
Department of Utilities
Department of Parks and Parkways
(2) Boards and Commissions
(a) Departmental
In the Department of City Civil Service:
Civil Service Commission
In the Department of Safety and Permits
Board of Electrical Examiners
Board of Mechanical Examiners
Board of Examiners of Operating Engineers
(b) Attached to Departments or Commissions:
To the Department of Safety and Permits
Board of Building Standards and Appeals
To the City Planning Commission:
Board of Zoning Adjustments
To the Department of Property Management:
Delgado Albania Plantation Commission
To the Department of Finance:
Board of Trustees of the Municipal Employees' Retirement System
Board of Trustees of the Police Pension Fund
Board of Trustees of the Firemen's Pension and Relief Fund
The foregoing boards shall be attached to but shall not be a part of
the departments or commissions, as indicated; and the head of each
department shall be an ex-officio member of the boards attached thereto
to the extent permitted by law, and except as otherwise provided
herein. The responsibilities of the departments with respect to such
boards shall be limited to the general oversight of their operations
for the purpose of providing information thereon to the Mayor, Chief
Administrative Officer and the Council.
(c) Other
Board of City Trusts
Central Business District Historic District Landmarks Commission
New Orleans Historic District Landmarks Commission
Mosquito Control Board
Section 4-103. Other Administrative Agencies Prohibited.
(1) No department nor board shall be created except as provided in this
Charter; but if any constitutional or legislative office or board
operating in or with respect to any function of the City be abolished,
the Council, in its discretion, shall have the right by ordinance to
establish a corresponding office or board, in such manner as the
Council may deem proper.
(2) The names, functions, or assignment of functions of departments,
officers, boards, and commissions included in this Article may be
amended, and such departments, officers, boards, and commissions may be
consolidated, subdivided, reorganized, or abolished by amendment in
accordance with the provisions of Section 9-201(2), except for the
Mayor, the Administrative Office, and the Departments of Law, Police,
Fire, Finance, and City Civil Service, which shall be subject to
amendment only in accordance with Section 9-201(1).
Section 4-104. Creation of Advisory Committees.
The Mayor, department heads with the approval of the Mayor, and boards
may each appoint advisory committees which shall exist for not more
than one year from the date of appointment, but which may be
reappointed from year to year. The members of advisory committees shall
not be paid; their function shall be limited to counsel and advice; and
their expenses, if any, shall be paid from appropriations to the
appointing authority. Advisory committees shall have no employees, but
the appointing authority may cause its employees to furnish such
services as may be needed by said committees.
Section 4-105. Assignment of Activities.
(1) All duties, functions or activities of the City not assigned herein
or otherwise assigned by applicable state or municipal law may be
assigned or reassigned by the Mayor to appropriate offices, or to
existing departments and boards.
(2) Any office or unit established after the effective date of this
Charter shall be placed in one of the offices, departments or boards
created or recognized by this Charter.
Section 4-106. Appointment and Removal of Department Heads.
(1) The City Attorney shall be appointed and may be removed by the Mayor.
(2) All other department heads shall be appointed and may be removed
by the Chief Administrative Officer with the approval of the Mayor,
except where other appointing authority is designated by this Charter
or by applicable State law.
(3) No appointing authority shall appoint any person in the
unclassified service until satisfied by proper investigation that the
person to be appointed is of good moral character and is fully
qualified by experience or ability properly to perform the duties and
execute the functions assigned to the position.
Section 4-107. Powers and Duties of Officers and Department Heads.
(1) Subject to the provisions of applicable civil service law, rules
and regulations, officers and department heads shall have the power and
duty to appoint, promote, supervise, discipline, and remove all
officers and employees in their respective offices or departments; to
determine their compensation subject to the approved pay plans and
budgetary limitations; and to assign duties to employees and supervise
the performance thereof.
(2) Each officer or department head shall, subject to the approval
of an immediate superior, prescribe such rules as are necessary for the
organization and internal government of the office or department.
(3) (a) The Mayor, or each officer or department head with the
consent of the Mayor, shall submit to the Council for its approval any
regulations affecting the public and necessary to the performance of
the functions assigned to such office or department. No such regulation
shall become effective until approved by resolution of the Council or
as otherwise provided in paragraph (3)(d) of this section.
(b) Prior to July 1, 1996, the Council shall by ordinance provide
for public notice and comment on proposed regulations affecting the
public. The ordinance shall provide for an emergency adoption procedure
by which regulations may in certain specified circumstances be made
immediately effective, but any regulation so adopted shall not remain
in effect for more than 180 days after the date of its adoption. After
its adoption, the ordinance governing promulgation of regulations may
be amended only by an ordinance approved with a two-thirds vote of the
entire membership of the Council.
(c) Prior to submission of any proposed regulation to the Council,
the officer or department head shall publish notice of the intention to
adopt such regulation once in the official journal. Following its final
promulgation, every regulation shall be published once again in the
official journal, unless deemed too lengthy for publication by the
officer or department head, who shall in such case publish a summary of
its contents and notice of its availability to the public.
(d) The City Attorney shall maintain and periodically cause to be
published a comprehensive and current compilation of all regulations
promulgated in accordance with this process and having legal effect in
the City of New Orleans. Regulations shall become effective at 12:01
A.M. on the twenty-second day beginning on the day following approval
by the Council. If the Council neither approves nor disapproves any
regulations submitted to it within forty-five days of submittal, the
regulations shall become legally effective upon the expiration of such
forty-five days. Any such regulation may be rescinded or amended by the
same process as when originally submitted. All regulations shall be
subordinate to the ordinances of the Council. All regulations
heretofore adopted by the City of New Orleans are hereby ratified and
continued in existence until modified in accordance with the procedure
established in this Section.
Section 4-108. Powers and Duties of Boards and Commissions.
All boards shall have the same powers and duties with respect to their
functions as those prescribed in this chapter for officers and
department heads, unless otherwise provided by this Charter or
applicable state and municipal law. They may delegate such powers and
duties to their executive officers, provided that all matters involving
appointment, discipline, removal or pay shall become null unless
approved by the board within sixty days.
Section 4-109. Public Benefit Corporations.
(1) If authorized by the Mayor and approved by the Council by
ordinance, the City may establish public benefit corporations,
development corporations, public trusts, and other entities authorized
by state law for public purposes, including development, management,
and promotion of assets of the City, subject to such budgetary,
personnel or other requirements as may be established by ordinance.
(2) Public benefit corporations, development corporations, public
trusts, and other entities authorized by state law and established
prior to January 1, 1996, the effective date of this amendment to this
Charter, are hereby recognized. Such entities may be continued,
modified or abolished in accordance with the terms of applicable
enabling statutes, ordinances, articles of incorporation, by-laws, or
trust indentures in effect prior to January 1, 1996 or as thereafter
revised.
CHAPTER 2. THE MAYOR
Section 4-201. Election and Term.
The electors of the City shall elect a Mayor at an election to be held
in accordance with the election laws of the state. The Mayor shall take
office on the first Monday in May of 1998 and every four years
thereafter, provided that if applicable law provides for a primary and
general election for Mayor and members of the Council in the year 2005
and every fourth year thereafter, the Mayor shall take office beginning
in the year 2006 on the third Monday in January. A person who has
served as Mayor for more than one and one-half terms in two consecutive
terms shall not be eligible for election as Mayor for the succeeding
term.
Section 4-202. Qualifications.
The Mayor shall be a citizen of the United States and a qualified
elector of the City, and shall have been domiciled in the City for at
least five years immediately preceding the election.
Section 4-203. Compensation.
The salary and other compensation of the Mayor shall be provided by
ordinance. No change in the salary and other compensation made during
the last six months of any term shall be valid as to the Mayor elected
for the succeeding term. The Council shall provide in the annual
operating budget a contingent fund of no less than $5000 to be expended
by the Mayor for such public purposes as the Mayor may deem proper.
Section 4-204. Vacancy in Office.
(1) A vacancy in the office of Mayor caused by death, resignation,
removal, suspension or disqualification shall be filled as follows:
(a) If the unexpired term is for less than one year, the district
councilmembers shall, by majority vote, elect one of the two
councilmembers-at-large to be Mayor for the unexpired term, and a
vacancy shall thereupon exist in the office of councilmember-at-large.
(b) If the unexpired term is for one year or more, the vacancy shall
be filled by special election, to be called by the Council within ten
days after the vacancy occurs and to be held at the earliest available
date permitted under the election laws of the state, at which time the
electors of the City shall elect a citizen with the requisite
qualifications to fill the vacancy for the remainder of the term;
provided that if any special or general election is to be held in the
City after sixty days and within six months after the occurrence of the
vacancy, then the election shall be held in conjunction with such other
election.
(c) Pending the election of a Mayor when the length of the unexpired
term is one year or more, the district councilmembers shall, by
majority vote, appoint one of the two councilmembers-at-large to be
acting Mayor during the period from the occurrence of the vacancy until
a Mayor is elected and assumes office.
(2) In the absence of the Mayor, the office shall be filled by an
acting Mayor who shall be appointed by the Mayor from the two
councilmembers-at-large. If within ten days the Mayor should fail to so
appoint an acting Mayor, the district councilmembers shall, by majority
vote, appoint one of the councilmembers-at-large as acting Mayor.
(3) The appointment of a councilmember-at-large as acting Mayor
shall not be deemed to create a vacancy in the office of
councilmember-at-large, but while serving as acting Mayor the
councilmember shall not perform duties as a member of the Council,
except in the case of an ordinance requiring a two-thirds vote of the
Council or in order to break a tie vote of the Council, in which case
the acting Mayor may vote as a councilmember. A councilmember-at-large
appointed acting Mayor shall receive compensation only at the level of
a councilmember. A councilmember-at-large no longer serving as acting
Mayor may vote on a matter addressed when serving as acting Mayor.
Section 4-205. Suspension and Removal.
The Mayor shall be subject to suspension or removal from office only in the following manner and for the following reasons:
(1) (a) In the event that a Mayor is afflicted with a mental or
physical condition that renders the Mayor temporarily or permanently
unable to discharge the powers and duties of office, the Chief
Administrative Officer, the City Attorney, the Director of the
Department of Health or a physician designated by the Director of that
Department or its successor, and a physician appointed by the deans of
the Louisiana State University Medical School and the Tulane University
Medical School shall so certify by unanimous written declaration before
a Notary Public and shall promptly deliver their declaration to the
Clerk of Council. If the declaration certifies that the Mayor is
temporarily incapable of performing the duties of office, the Council
shall be required to vote on the matter within seven days from delivery
of the declaration; upon rendering an affirmative vote of two-thirds of
its entire membership, the Council shall declare the office temporarily
vacant due to the incapacity of the incumbent. Thereafte
(b) Any Mayor who has been determined to be temporarily or
permanently unable to discharge the powers and duties of office shall
continue to receive from the city a sum which together with the Mayor's
disability benefits and retirement allowance, if any, shall equal the
annual salary which such Mayor was receiving at the time of the
determination of temporary or permanent incapacity, payable in the same
manner as the Mayor was previously compensated until the expiration of
the term for which such Mayor had been elected or such Mayor's death,
whichever shall occur first. The Mayor shall apply for any retirement
allowance or disability benefits to which entitled, and the disability
allowance provided for in this section shall not reduce or suspend such
retirement allowance or disability benefits, notwithstanding any other
provision of law.
(2) In the event that a Mayor pleads guilty or nolo contendere to a
federal or state felony charge, the Council shall, by a majority vote
of its entire membership, declare that the seat of the Mayor is vacant
due to the disqualification of the incumbent for felonious behavior and
shall forthwith proceed to fill the vacancy in accordance with the
provisions of Section 4-204 of this Charter.
(3) (a) If the Mayor is convicted of a federal or state felony, the
Mayor shall be automatically suspended from the seat without
compensation. The suspension without compensation shall continue until
the conviction is final and all appellate review of the original trial
court proceedings is exhausted, at which time the Council shall, by a
majority vote of its entire membership, declare that the seat of the
Mayor is vacant due to the disqualification of the incumbent for
felonious behavior and shall forthwith proceed to fill the vacancy in
accordance with the provisions of Section 4-204 of this Charter. During
the period of suspension, the Mayor shall not perform any official act,
duty, or function nor shall the Mayor receive any compensation, pay,
allowance, emolument, or privilege of the office. If the conviction is
reversed on appeal, the Mayor shall be entitled to and shall receive
full back pay from the date of suspension with legal interest on
portions thereof from the date that the Mayor, but for th
(b) During this suspension, the Council shall, by a majority
vote of its entire membership, declare that the seat of the Mayor is
temporarily vacant due to suspension. Thereafter, the district
councilmembers shall, by majority vote, appoint one of the
councilmembers-at-large as acting Mayor. Any councilmember-at-large
appointed to fill a temporary vacancy under the terms of this section
shall serve in the appointed capacity until the conviction of the Mayor
is reversed on appeal or until expiration of the term of office of the
suspended Mayor, whichever comes first.
(4) In the event that a Mayor is recalled from office in accordance
with state or municipal law, the vacancy shall be filled forthwith in
accordance with the provisions of Section 4-204 of this Charter.
(5) In the event that the Mayor fails to meet the qualifications for
office, the Mayor shall thereby vacate the office and the vacancy shall
be filled forthwith in accordance with the provisions of Section 4-204
of this Charter.
Section 4-206. Powers and Duties.
(1) Executive and Administrative Powers. The Mayor shall be the chief
executive officer of the City. The Mayor shall have the power and shall
be required to:
(a) Exercise general oversight of the activities of boards and other
agencies of City government and coordinate them with other activities
of the City.
(b) Exercise directly or through the Chief Administrative Officer
supervision over all other executive and administrative work of the
City and provide for the coordination of administrative activities.
(c) See that the provisions of this Charter, the ordinances of the City, and all other laws are enforced.
(d) Appoint the Chief Administrative Officer and the City Attorney.
(e) Appoint, with approval of a majority of all members of the
Council, members of all boards except as otherwise provided in this
Charter or by applicable state or municipal law.
(f) Submit annually to the Council for its consideration and
approval an operating budget, a capital program and a capital budget.
(g) Recommend to the Council a pay plan for all officers and
employees in the unclassified service except those provided for under
Section 3-107 of this Charter.
(h) Sign contracts, bonds or other instruments requiring the assent
of the City except those which the Director of Finance or other officer
is authorized to sign.
(i) See that the terms and conditions of all contracts are faithfully executed.
(2) Powers with Respect to Council. The Mayor may:
(a) Present to the Council messages or information which in the Mayor's opinion are necessary or expedient.
(b) Attend Council meetings and have a voice in the proceedings.
(c) Call special sessions of the Council.
(d) Veto ordinances.
(3) Other Powers. The Mayor shall have the authority to exercise
such other powers and perform such other duties as may be prescribed by
this Charter or by state or municipal law, including but not limited to
the following:
(a) Participate but not vote in the proceedings of all boards or
other agencies of City government of which the Mayor is not made an ex
officio member.
(b) Remove at pleasure all officers appointed by the Mayor without Council confirmation.
(c) Issue executive orders establishing policies and procedures for
the executive branch and see that they are published promptly
thereafter.
(d) Subject to such limitations as may be established by ordinance
or other applicable law, declare a state of emergency due to acts of
God, riot, war, or a grave emergency which threatens widespread loss of
life or grievous injury to health or property.
(e) Study, devise, and implement programs to improve housing and neighborhood conditions in the City.
(f) Study, devise, and implement programs to foster economic development in the City.
(g) Provide for cooperation and coordination among criminal justice agencies and officials.
(h) Seek compliance with federal, state, and local environmental and
safety laws and regulations, permit requirements, and regulatory orders
by all City officers, employees, boards, commissions, contractors, and
recipients of municipal funds.
(i) Perform such other duties as are conferred upon the Mayor by the
Charter or its enabling legislation and by applicable state or
municipal law.
Section 4-207. Office.
The Mayor's office shall be in the City Hall, and the Mayor shall be custodian of the corporate seal.
Section 4-208. The Chief Administrative Officer.
(1) The position of Chief Administrative Officer shall be in the Office
of the Mayor, but the employees of the Administrative Office shall be
in the classified service except as provided by applicable civil
service law. The Chief Administrative Officer shall be the Mayor's
principal assistant and the budget officer of the City and shall be
appointed solely on the basis of ability to perform the duties and
functions of the office. The salary of the Chief Administrative Officer
shall be provided for in the pay plan submitted by the Mayor to the
Council.
(2) Should the Mayor fail to appoint a Chief Administrative Officer
within sixty days of the occurrence of any vacancy in the position, the
Council shall make the appointment.
CHAPTER 3. THE ADMINISTRATIVE OFFICE
Section 4-301. The Administrative Office.
The Chief Administrative Officer shall be the head of the
Administrative Office and shall be authorized to employ necessary staff.
Section 4-302. Duties of the Chief Administrative Officer.
The Chief Administrative Officer shall:
(1) Supervise the heads of all departments, except the Departments
of Law and City Civil Service. The Mayor may from time to time by
written notice relieve the Chief Administrative Officer of the
responsibility of supervising the heads of one or more departments,
except the Departments of Finance and Property Management, for such
portions of time as the Mayor may designate. Should the Mayor remove a
department head from the supervisory authority of the Chief
Administrative Officer, the Mayor shall immediately assume full
responsibility for the supervision of such department head.
(2) Appoint or remove, with the approval of the Mayor, the heads of
all departments, except those whose appointment or removal is otherwise
provided for by this Charter or applicable State law.
(3) Give general oversight to the Departments of Law, City Civil
Service and the City Planning Commission for the purpose of
coordinating their activities with those of other agencies of the City
and develop measures to promote cooperation and coordination in the
delivery of services and the carrying out of functions and activities
by unattached boards and other municipal public bodies with those of
other agencies of city government.
(4) Keep the Mayor advised concerning the activities and policies of
all offices, departments and boards, make or cause to be made
investigations and studies of the internal organization and procedures
of any office, department or board, and require such reports from any
of them as are deemed necessary.
(5) Prescribe accepted standards of administrative practice to be followed by all offices, departments and boards.
(6) Prepare the annual operating and capital budgets, and supervise the execution of the budget ordinances.
(7) Make information available to the Mayor, the Council, and the
public concerning the current status of the financial affairs of the
City and all offices, departments and boards receiving appropriations
from the City.
(8) Attend meetings of any board or committee of which the Mayor is
a member when requested by the Mayor, and participate in the discussion
and deliberations of such board or committee, including the authority
to introduce any motion or resolution or vote thereon when the Mayor is
not also in attendance.
(9) Attend meetings of the Council at its request and make available such information as it may require.
(10) Perform all other duties required by this Charter or assigned in writing by the Mayor.
CHAPTER 4. DEPARTMENT OF LAW
Section 4-401. Functions.
The Department of Law, headed by a City Attorney, shall:
(1) Direct and supervise the legal affairs of the City.
(2) Provide legal advice to the Mayor and Council when requested and
when directed by the Mayor to all officers, departments, and boards
concerning any matter affecting the interests of the City.
(3) Have charge of all legal matters in which the City has an
interest or to which the City is a party, with power and authority,
when directed by the Mayor or the Council, to institute and prosecute
or to intervene in any and all suits or other proceedings, civil or
criminal, as may be deemed necessary for the assertion or protection of
the rights and interests of the City.
(4) Prepare proposed ordinances when requested by the Mayor or any member of the Council.
(5) Prepare or approve as to form and legality all contracts,
documents and instruments creating any legal or conventional obligation
affecting the City.
(6) Perform all other duties required by this Charter, the Mayor or
the Council and not inconsistent with the functions of this Department.
Section 4-402. City Attorney and Legal Staff.
(1) The City Attorney shall be a licensed attorney who is domiciled in
and an elector of the City, who has been admitted to practice law
before the Supreme Court of Louisiana for at least five years, and who
shall have actively practiced law in Louisiana for at least five years
immediately preceding appointment.
(2) The professional staff of the Department shall consist of
licensed attorneys who are domiciled in and electors of the City and
who have been admitted to practice law before the Supreme Court of
Louisiana.
Section 4-403. Special Counsel.
(1) No special council shall be retained to represent the City or any
officer, department, or board except the Sewerage and Water Board, the
Department of City Civil Service, the Public Belt Railroad Commission,
and the Board of Liquidation, City Debt, and except as may herein be
otherwise provided.
(2) The Council may, by two-thirds vote of its entire membership, employ special counsel for itself.
(3) The Council may, by two-thirds vote of its entire membership,
authorize any officer, department or board to employ special counsel
for any special matter presenting a real necessity for such employment,
provided any such authorization shall specify the compensation, if any,
to be paid for said services.
Section 4-404. Notaries.
(1) The City Attorney shall be responsible for designating one or more
Notaries Public, who shall be attorneys licensed to practice law in the
State of Louisiana and none of whom shall be members of the Council,
before whom shall be passed all contracts and other transactions
required by the City Attorney or other counsel to be in authentic form.
The Department of Law shall establish uniform reasonable processing
fees approved by the Council for all Notaries Public performing such
services. Said services shall be paid by those transacting business
with the City, and these funds shall become part of the general fund of
the City when utilizing the services of Notaries Public from among
professional staff within the Department of Law. Notaries within the
Department of Law shall be utilized to perform such services, except
where the City Attorney certifies a special need to exist and the
Council, by two-thirds vote of its entire membership, approves the
special need to appoint the notary who is not within the De
(2) A certified copy of every act or contract to which the City
is a party shall be filed with the Department of Law and shall form a
part of the archives of said Department.
Section 4-405. Service of Legal Processes.
Legal process against the City shall be served upon the Mayor, the acting Mayor, or the City Attorney.
CHAPTER 5. DEPARTMENT OF POLICE
Section 4-501. Functions.
The Department of Police, headed by a Superintendent of Police, shall:
(1) Organize, administer, supervise and discipline the police force of the City.
(2) Enforce traffic regulations and investigate traffic accidents.
(3) Operate and maintain communication systems either separately or in conjunction with others.
(4) Make all legal searches, seizures, and arrests and exercise all
legal authority incident thereto which is now or may hereafter be
conferred by law upon police officers, and maintain temporary lockups
for the confinement of prisoners.
(5) Serve subpoenas when directed by proper authority.
(6) Assist all city departments and agencies in the enforcement of functions assigned to them.
(7) Enforce the ordinances of the City and all state and municipal laws, and prevent the violation thereof.
(8) Maintain peace; protect life, property, and all other rights and
liberties of the people; and do and perform all other lawfully assigned
acts.
(9) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 4-502. Emergency and Special Police.
(1) Emergency Police:
(a) In case of riot, general conflagration, flood or similar grave
emergency, the Mayor may authorize the Superintendent to appoint
emergency police. Such appointments shall be for a period of not more
than thirty days and may be extended for like periods only by the
express authorization of the Mayor and two-thirds vote of the Council.
(b) Emergency police shall have such powers as may be vested in them
by the Superintendent; shall be subject to the rules and regulations
governing the regular police force; and shall receive compensation at
the regular rates for the grades to which appointed.
(2) Special Police:
(a) The Superintendent may, in the manner prescribed by ordinance
and subject to standards set by the Superintendent in regulations,
deputize persons not members of the police force to exercise limited
police powers. When exercising such powers with respect to privately
owned property or places, a person so deputized shall not be paid from
public funds and shall not be entitled to public employee benefits for
such services. Regular city employees exercising such powers with
respect to public property or places shall be entitled only to the
compensation and benefits attached to their regular employment.
(b) The Superintendent shall prescribe the rules and regulations
governing the exercise of police power by persons so deputized and may
suspend or cancel the deputization in the superintendent's discretion.
(3) The Superintendent shall not appoint or deputize any person who
is not of good moral character to exercise police functions under this
section.
Section 4-503. Other Police Prohibited.
No officer, department or board operating in or for the City, other than the Department of Police, shall have a police force.
CHAPTER 6. DEPARTMENT OF FIRE
Section 4-601. Functions.
The Department of Fire, headed by a Superintendent of Fire, shall:
(1) Organize, administer, supervise and discipline the fire force of the City.
(2) Extinguish fires and investigate their causes.
(3) Operate and maintain communication systems either separately or in conjunction with others.
(4) Administer and enforce ordinances, regulations, and all state
and municipal laws relating to fire prevention and safety of persons.
(5) Respond either separately or in conjunction with others to
situations involving hazardous materials and to other emergency
situations involving the safety of persons or property.
(6) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 4-602. Police and Emergency Authority.
The Superintendent of Fire or the Superintendent's representative shall
have the powers of a police officer while going to or attending any
fire or alarm of fire. The Superintendent or acting Superintendent
shall have the authority in an emergency to cause to be demolished any
structure when such demolition is essential to the extinguishment or
control of fire or other emergency situation in the judgment of the
Superintendent or Acting Superintendent.
CHAPTER 7. DEPARTMENT OF SAFETY AND PERMITS
Section 4-701. Definition.
As used in this Chapter, "permit" shall mean any license, permit, or
other authorization required by law, ordinance or regulation for other
than revenue purposes.
Section 4-702. Functions.
The Department of Safety and Permits, headed by a Director of Safety and Permits, shall:
(1) Administer and enforce the zoning and building code ordinances
and all state and municipal laws and regulations under which permits
are required, as to all officers, departments, boards and governmental
agencies and to all persons, firms and corporations, public and
private, except as may be otherwise provided herein or by
applicable state or municipal law.
(2) Issue permits and to that end:
(a) Receive all applications for permits and determine whether the
applicant is entitled thereto according to laws, ordinances and
regulations under which the permit is required. No permit shall be
issued until after certification by the appropriate office, department
or board interested or affected, if any.
(b) Issue the permit if the application is approved and the fee
paid, or notify the applicant in writing of any refusal and the reasons
therefor.
(3) Make or cause inspections, tests or examinations to be made when
prerequisite for the issuance of a permit and no certification is
required from another office, department or board. When such
certification is required, the Chief Administrative Officer shall by
rule provide for the making of the necessary inspections, tests or
examination.
(4) Revoke, suspend, or cancel any permit which has been violated or
which has been issued in violation of the zoning or building code
ordinances or other applicable state or municipal law. Any revocation,
suspension or cancellation shall be in writing and shall state the
reasons therefore.
(5) Provide clerical and other staff assistance required by the boards which are a part of or attached to this Department.
(6) Provide data for the undertaking of studies of housing
accommodations in the City in cooperation with the City Planning
Commission or any other appropriate agencies.
(7) Make or cause to be made inspections of substandard structures
and authorize demolition of property when hazardous to the public
health, safety, or welfare.
(8) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 4-703. Board of Building Standards and Appeals.
(1) Composition. There shall be attached to the Department a Board of
Building Standards and Appeals to consist of five members who are
domiciled in and electors of the city to be appointed by the Mayor with
the approval of the Council. The Director of this Department shall not
be a member of this Board.
(2) Functions. The Board shall:
(a) Hear and determine appeals on all matters arising under
ordinances or regulations pertaining to the design, construction,
alteration and demolition of buildings.
(b) Hear and determine appeals where it is alleged there is an error
in any order, requirement, decision, or determination made by an
administrative official in the enforcement of building regulations of
the City.
Section 4-704. Examining and Licensing Boards.
The Board of Electrical Examiners, the Board of Mechanical Examiners
and the Board of Examiners of Operating Engineers may be continued, and
if continued, shall be a part of this Department. Such boards shall
perform such functions assigned to them by ordinance relating to the
issuance of permits for electricians, operating engineers, gas fitters
and installers of mechanical equipment. These boards shall exercise
only those powers germane to the performance of their duties and shall
not exercise the general powers of department heads conferred upon
other boards.
CHAPTER 8. DEPARTMENT OF SANITATION
Section 4-801. Functions.
The Department of Sanitation, headed by a Director of Sanitation, shall:
(1) Provide for the collection and disposal of garbage and other refuse, either directly or by contract.
(2) Provide for the management and operation of disposal facilities, either directly or by contract.
(3) Clean the streets.
(4) Enforce municipal, state, and federal laws and regulations for
the keeping of streets, vacant lots and other places free from weeds
and deleterious matter.
(5) Enforce ordinances and state and federal laws and regulations involving solid waste.
(6) Develop and implement integrated waste management plans.
(7) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
CHAPTER 9. DEPARTMENT OF PUBLIC WORKS
Section 4-901. Functions.
The Department of Public Works, headed by a Director of Public Works, shall:
(1) Provide for the design, construction, paving, maintenance, and
marking of streets, bridges, and related structures and approaches.
(2) Supervise, regulate and control installations in, above or under streets.
(3) Establish elevations and control grades of streets.
(4) Collect and compile traffic data as directed by the Mayor or by
ordinance; prepare engineering studies with regard to vehicular and
pedestrian traffic as directed by the Mayor or by ordinance; prescribe
regulations governing traffic and parking on streets and other public
places; and determine the type, need, and location of all traffic
control devices and markings and install, design, construct, operate,
and maintain them.
(5) Coordinate construction and maintenance projects with other
departments, boards, and agencies of government and public utilities.
(6) Coordinate or manage public works projects in the process of
construction or acquisition and monitor their present status, the
amounts spent or to be spent thereon, and the work required to complete
each undertaking with a schedule for such completion.
(7) Keep the Mayor, the Council, the Chief Administrative Officer,
and the City Planning Commission informed as to the status of public
construction and maintenance projects.
(8) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
CHAPTER 10. DEPARTMENT OF RECREATION
Section 4-1001. Functions.
The Department of Recreation, headed by a Director of Recreation, shall:
(1) Plan, supervise, and conduct a comprehensive and coordinated program of cultural and physical recreation.
(2) Promote cooperative planning with public and private agencies concerned with recreation.
(3) Manage and operate all recreational facilities except as otherwise provided in this Charter.
(4) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 4-1002. Other Recreational Facilities.
The Department may arrange for the use of recreational facilities and areas in all parks.
CHAPTER 11. DEPARTMENT OF HUMAN SERVICES
Section 4-1101. Composition.
The Department of Human Services shall be headed by a Director of Human
Services, appointed by the Chief Administrative Officer to serve at the
Chief Administrative Officer's pleasure.
Section 4-1102. Functions.
The Department of Human Services shall:
(1) Administer welfare and human services programs of the City.
(2) Supervise and operate all social welfare and human services
institutions of the City, except as may be otherwise provided herein.
(3) Cooperate with all other welfare and human services organizations and agencies.
(4) Supervise the appropriations to any charitable institution
utilized by the City for the care, maintenance and asylum of destitute
persons and supervise contracts made by the City with such institutions.
(5) Perform such other duties as are required by this Charter,
provided by applicable state and municipal law, or assigned in writing
by the Mayor.
CHAPTER 12. DEPARTMENT OF HEALTH
Section 4-1201. Composition.
(1) The Department of Health shall be headed by a Director of Health,
to be appointed by the Chief Administrative Officer with the approval
of the Mayor.
(2) The Director shall have had at least five years experience in
the administration of health programs in either the public or private
sector, shall possess a degree in medicine or an advanced degree in
nursing or public health, and shall possess such other qualifications
as may be required of a health officer by applicable state law.
Section 4-1202. Functions.
The Department of Health, subject to applicable state and municipal law, shall:
(1) Protect the health of the people of the City.
(2) Enforce the State Sanitary Code.
(3) Adopt and enforce local health and sanitary regulations.
(4) Make such health inspections and examinations as may be required
by law and, with the approval of the Council, institute and conduct
programs of public health.
(5) Investigate the causes and institute measures for the control of epidemic, preventable and communicable disease.
(6) Operate or provide for emergency medical services.
(7) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 4-1203. Powers.
The powers, duties and functions of the Department shall be as provided by applicable state and municipal law.
Section 4-1204. Health Officer.
The Chief Administrative Officer may appoint a health officer to serve
in the Department of Health or in another Department designated by the
Chief Administrative Officer. The health officer may be in the
unclassified civil service in accordance with applicable state and
municipal law, or the services of the health officer may be provided
for by contract. The health officer shall possess a degree in medicine
or an advanced degree in nursing or public health and shall possess
such other qualifications as may be required of a health officer by
applicable state and municipal law.
CHAPTER 13. DEPARTMENT OF FINANCE
Section 4-1301. Functions.
(1) The Department of Finance, headed by the Director of Finance, shall:
(a) Collect all taxes, license and permit fees, and other moneys
which may be due to or receivable by the City or any of its officers,
departments, or boards; provided that where economy of administration
or public convenience requires, the Director may by rule authorize the
receipt of moneys directly by officers, departments or boards, or may
assign employees of the Department to make such collections.
(b) Collect, when directed or authorized by law, all taxes, license
and permit fees, and other moneys which may be receivable by the State
or any public office, department or board not subject to the provision
of this Charter.
(c) Sell property upon which taxes are not paid within the period prescribed by law.
(d) Prepare tax rolls and bills, including those required state law.
(e) Issue receipts for moneys collected by the Department.
(f) Maintain the treasury of the City, and deposit the moneys
belonging thereto in the depository banks to the credit of the proper
funds.
(g) Contract for services to be rendered by independent contractors,
and purchase materials, supplies and equipment. The Department shall,
from time to time, secure from all officers, departments and boards
estimates of their needs for articles of common use and shall, when
practicable, consolidate requisitions in order to secure the benefits
of quantity purchases, and to that end, when authorized by the Council,
may cooperate with other public agencies when making such purchases.
(h) Acquire immovable property upon the recommendations of the
Department of Property Management and dispose of immovable property
upon such recommendations when authorized by ordinance.
(i) Dispose of movable property not needed by the City.
(j) Keep accurate and complete accounts of all receipts and disbursements.
(k) Maintain a perpetual inventory of all equipment owned or controlled by the City.
(l) Permit no disbursements to be made except pursuant to
authorizations adopted under the terms of this Charter or applicable
State law.
(m)Provide information pertaining to financial affairs of the City.
(n) Maintain and supervise any central warehouse.
(o) Prescribe, maintain and supervise the general and cost accounting systems for all officers, departments and boards.
(p) Prepare all payrolls and pension rolls.
(q) Approve all disbursements of funds held by the City.
(r) Prepare the necessary assessment rolls for assessable public
improvements, issue appropriate bills, assist in the issuance and
servicing of indebtedness in connection therewith, and in the
collection, custody and payment of all moneys in connection therewith.
(s) Designate, subject to any conditions which may be imposed by
ordinance, the banks to be used as City Depositories and require them
to fulfill all conditions which the City may impose.
(t) Perform all other functions required by this Charter or assigned in writing by the Mayor.
(2) The Director of Finance may require from any officer or employee
of the City or any other person such sworn information as may be
necessary for the proper performance of the functions of the Department.
Section 4-1302. Disposition of Disputed Claims.
(1) The Director of Finance shall execute no settlement of any disputed
claim for any tax, license or debt due the city without the approval of
the City Attorney and that of the Mayor or the Chief Administrative
Officer.
(2) The Director of Finance and the City Attorney, and either the
Mayor or the Chief Administrative Officer, shall investigate all
disputed claims against the City, and shall make recommendations to the
Council for the payment or other disposition thereof.
Section 4-1303. Board of Trustees of the Firemen's Pension and Relief Fund.
The Board of Trustees of the Firemen's Pension and Relief Fund shall be attached to this Department.
Section 4-1304. Board of Trustees of the Police Pension Fund.
The Board of Trustees of the Police Pension Fund shall be attached to
this Department, and the Director of Finance shall be a member of said
Board.
Section 4-1305. Board of Trustees of the Municipal Employees' Retirement System.
(1) Retirement System and Board of Trustees. The system shall be under
the management of a Board of Trustees consisting of the Director of
Finance, the Director of Personnel, one person who is domiciled in and
an elector of the City elected by the employee members of the System,
one person who is domiciled in and an elector of the City elected by
the retiree members of the System, and one person who is domiciled in
and an elector of the City appointed by the Mayor with the approval of
the Council. The terms of the elected and appointed members shall be
three years.
(2) Custody and Payment of Funds. The Director of Finance shall be
the Treasurer of the Municipal Employees' Retirement Fund and shall
administer the Fund subject to the provisions of this Charter, and the
direction of the Board of Trustees.
(3) Features of System. The Council may by ordinance, and from time
to time, change the Municipal Employees' Retirement System subject to
the following limitations:
(a) An annual actuarial evaluation of the System shall be made in
accordance with accepted standards for the actuarial valuation of the
present and projected assets and liabilities of public employee
retirement systems.
(b) The System shall be maintained on a joint contributory basis by the City and the members of the System.
(c) Members of the System who cease to be employees of the City
prior to retirement shall have the right to withdraw the contributions
which have been made by them, together with interest which shall have
been earned by their contributions.
(d) Should any amendment be made to the ordinance establishing the
System which will have the effect of increasing the obligations of the
City to the Fund, the City shall during the year in which the amendment
is made and in each of the five years next ensuing, provide for
payments by the City, in addition to its regular contributions, equal
to the actuarial estimate of the City's share of the cost of benefits
provided by such amendment, including one-twentieth of any accrued
liability assumed by the City in such amendment.
(4) The Council may provide by ordinance for a retirement policy
based on age or other factors in accordance with applicable law.
CHAPTER 14. DEPARTMENT OF PROPERTY MANAGEMENT
Section 4-1401. Functions.
The Department of Property Management, headed by the Director of Property Management, shall:
(1) Maintain all buildings owned or operated by the City for a
public purpose and perform all custodial functions in connection
therewith; provided that where buildings are occupied exclusively by a
single officer, department or board, the Director of Property
Management, the Chief Administrative Officer or the Mayor may assign to
the occupant responsibility for the performance of custodial functions
in such buildings.
(2) Manage and have custody of all immovable property in which the
City has an interest, including all cemeteries owned by the City except
where such management or custody has been otherwise assigned by this
Charter, by contract, or by ordinance.
(3) Make recommendations to the Director of Finance concerning the leasing, acquisition or disposition of immovable property.
(4) Assign space to the officers, departments and boards in City buildings.
(5) Award all concessions on City property subject to requirements which may be imposed by ordinance.
(6) Maintain a complete and accurate record of the ownership of all
immovable property situated in the City, and of all immovable property
of the City wheresoever located. The public records of the department
shall include a perpetual index, maintained apart from all other
records, listing and briefly describing all corporeal and incorporeal
immovable property owned or controlled by the City or agencies of the
City, including unattached boards and public benefit corporations. The
index shall be designed for ease and efficiency of use by the public.
(7) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 4-1402. Delgado Albania Plantation Commission.
(1) Composition. There shall be attached to the Department of Property
Management the Delgado Albania Plantation Commission. The Commission
shall consist of five persons domiciled in and electors of the City who
shall have had experience in the management and operation of sugar
plantations or related activities. The Director of Finance shall be an
ex-officio member of the Commission. The Mayor shall appoint the
members with the approval of the Council for terms of five years, so
arranged that the term of one member shall expire each year.
(2) Functions. The Commission shall:
(a) Provide for the administration, operation and maintenance of the Delgado Albania Plantation.
(b) See that all expenditures authorized for the operation,
maintenance and development of the plantation are made in accordance
with the provisions of this Charter.
(c) Have authority, with the approval of the Council, to borrow
money to produce crops, and mortgage and pledge as security thereof,
the crops and chattels of said plantation.
(d) Transmit annually to the Board of City Trusts for the account of
the Delgado Community College and its successor such portion of the
income of the plantation as may be fixed by the Council.
(3) Manager. The Commission may appoint a manager who shall be its executive officer and who shall serve as its pleasure.
CHAPTER 15. DEPARTMENT OF CITY CIVIL SERVICE
Section 4-1501. Composition.
The Department of City Civil Service shall consist of a City Civil
Service Commission, a Director of Personnel, and an executive staff as
provided by applicable State law.
Section 4-1502. Purpose of Department.
The purpose of this Department shall be as provided by applicable State
law and to guarantee to all citizens a fair and equal opportunity for
public service under the merit system.
Section 4-1503. Functions.
The functions of the Department shall be as provided by applicable
State law, and when consistent therewith, the Council and executive
officers of the City may impose additional functions upon the
Department by ordinance or rule.
Section 4-1504. Prohibitions.
(1) Party Membership; Elections. No member of the commission and no
officer or employee in the classified service shall participate or
engage in political activity; be a candidate for nomination or election
to public office, except by seeking nomination as the classified city
employee serving on the commission; be a member of any national, state,
or local committee of a political party or faction; make or solicit
contributions for any political party, faction, or candidate; or take
active part in the management of the affairs of a political party,
faction, candidate, or any political campaign, except to exercise the
right as a citizen to express an opinion privately, to serve as a
commissioner or official watcher at the polls, and to vote as desired.
(2) Contributions. No person knowingly shall solicit contributions
for political purposes from any classified employee or official or use
or attempt to use a position in the city service to punish or coerce
the political action of a classified employee.
(3) Political Activity Defined. As used in this Article, "political
activity" means an effort to support or oppose the election of a
candidate for political office or to support a particular political
party in an election. The support of or opposition to issues involving
bonded indebtedness, tax referenda, or constitutional amendments shall
not be prohibited.
Section 4-1505. Duration.
Should the State cease to provide for a system of personnel
administration applicable to the City, the provisions of Article VIII
of this Charter shall immediately become operative.
CHAPTER 16. DEPARTMENT OF UTILITIES
Section 4-1601. Functions.
(1) The Department of Utilities, headed by a Director of Utilities, shall:
(a) Recommend terms to be incorporated in any franchise, permit, or privilege to be granted by the City.
(b) Recommend rates, and revisions thereof, to be charged by any public utility subject to regulation by the City.
(c) Supervise and investigate, within lawful limits, the public
utilities operating in the City for compliance with franchise or other
privileges, rate orders, and any matter concerning the interests of the
City or its residents with respect to the operations of public
utilities.
(d) Recommend to the Mayor that legal proceedings be instituted to
secure compliance with any franchise granted by the Council and with
the provisions of law relating thereto.
(e) Make public reports, and recommendations to the Mayor, or any
matter concerning the interests of the City with respect to the
operations of public utilities.
(f) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
(g) Recommend terms to be incorporated in contracts for supplying
utility services for City buildings or facilities and for supplying
street lighting services to the City and shall supervise performance
under such contracts.
Section 4-1602. Inspections and Reports.
The Department may, at any reasonable time, inspect the books, papers,
records, documents, materials, facilities, and plants, wherever
located, of any public utility which is subject to the supervision,
regulation, and control of the Council, and may require such written
reports from such utility as it deems necessary and appropriate in the
discharge of its duties and responsibilities as set forth in this
Chapter and otherwise provided by law and all costs and expenses in
connection therewith shall be borne by the public utility required to
furnish or produce same.
CHAPTER 17. DEPARTMENT OF PARKS AND PARKWAYS
Section 4-1701. Functions.
The Department of Parks and Parkways, headed by a Director, shall:
(1) Administer, control and manage all parks, except as otherwise provided by applicable state or municipal laws.
(2) Cultivate, place, maintain and remove trees, shrubs, flowers, grass and other plants on public grounds.
(3) Embellish parks, parkways, highways and other public grounds.
(4) Designate the portions of parks and other areas under its
control for the activities under the direction of the Department of
Recreation.
CHAPTER 18. BOARD OF CITY TRUSTS
Section 4-1801. Composition.
The Board of City Trusts shall consist of the Mayor, the President of
the Council, the Director of Finance who shall be its Treasurer, and
eight electors who shall be domiciled in the City appointed by the
Mayor with the approval of the Council for terms of eight years, so
arranged that the term of one member shall expire each year. The eight
members shall be appointed two each from the professions of investment
banking, law, and accounting and two at large.
Section 4-1802. Powers.
The Board shall:
(1) Safeguard and administer the investment of all money and other
movable property and administer all revenue producing immovable
property:
(a) Held by the City as trustee or otherwise for public or charitable purposes.
(b) Held by the City for the perpetual care of plots in City owned cemeteries.
(2) Maintain the immovable property under its jurisdiction through
prudent expenditure of the revenues thereof or, with the approval of
the Council, through other means.
(3) Adopt as a regulation an investment list that fulfills the standards of prudence then applicable to private trusts.
(4) Recommend to the Mayor and the Council the acceptance or
rejection of any trust or conditional donation offered to the City. The
Mayor may agree to follow such recommendations only upon the
affirmative vote of a majority of the members of the Council. The Mayor
may decline to follow such recommendations, only upon the affirmative
vote of two-thirds of the members of the Council. Such recommendations
shall not be required for the acceptance of donations of movable
property if the only conditions are that the movable be used or
consumed for a designated purpose or by a designated agency.
(5) Supervise the maintenance by the Director of Finance of
appropriate separate accounts for each trust fund and each trust
proceeds fund.
(6) Authorize withdrawals from trust funds and trust proceeds funds
only upon certification in writing made by the officer, department or
board entitled thereto of the purpose of such withdrawal and that it is
to be used in accordance with the terms and conditions specified in the
trust or conditional donation. If the Board and the beneficiary
disagree, the Mayor shall procure a written opinion from the City
Attorney which shall be binding upon both the Board and the beneficiary.
(7) Advise the Mayor and Council on all matters relevant to the
execution, disposition or modification of trusts and conditional
donations.
(8) Review periodically all trusts and conditional donations and
recommend to the Council the advisability of abandoning any or all of
them.
Section 4-1803. Limitations.
The City shall not:
(1) Accept any conditional donation which is contrary to the
constitution, the statutes, this Charter, municipal ordinances or the
regulations adopted by the Board.
(2) Continue to operate a going business as a permanent investment
donated to the City for public purposes or in trust, unless expressly
required to do so by the terms of the donation.
(3) Make or hold investments not included in the Board's investment
list, except property of the original trust or donation, or required
thereby to be acquired.
(4) Modify any trust except upon approval of the Council and, when necessary, a court of proper jurisdiction.
Section 4-1804. Standard of Performance.
The members of the Board shall be held to the standards of a prudent administrator.
Section 4-1805. Lease and Sale of Property.
Immovable property under the jurisdiction of the Board shall be
leased or sold only in accordance with the provisions of this Charter.
Section 4-1806. Preservation of Existing Trusts.
If any trusts or conditional donation would by their terms revert to
the settler, donor, or other persons as a result of any provision of
this Charter, then such provisions shall be suspended as to such trusts
and donations.
CHAPTER 19. CENTRAL BUSINESS DISTRICT HISTORIC DISTRICT LANDMARKS COMMISSION
Section 4-1901. Composition.
The Commission shall consist of eleven electors who are domiciled in
the City, appointed by the Mayor subject to the approval of the Council
for terms of four years organized on a staggered basis, or may be
organized as otherwise provided by ordinance of the Council.
Section 4-1902. Functions.
The Commission shall:
(1) Promote Central Business District historic districts and
landmarks for the educational, cultural, economic, and general welfare
of the public, especially the residents of New Orleans.
(2) Assist in preserving, protecting, and regulating buildings,
sites, monuments, structures, and districts of historic interest or
importance within the Central Business District of New Orleans.
(3) Assist in preserving and enhancing the environmental quality of the Central Business District.
(4) Establish and improve property values through support of preservation activities.
(5) Foster economic development and encourage balanced growth.
CHAPTER 20. NEW ORLEANS HISTORIC DISTRICT LANDMARKS COMMISSION
Section 4-2001. Composition.
The New Orleans Historic District Landmarks Commission shall consist of
nine to fifteen electors who are domiciled in the City, appointed by
the Mayor subject to the approval of the Council for terms of four
years so arranged that the term of two to four members shall expire
each year, or may be organized as otherwise provided by ordinance of
the Council. For each historic district created by ordinance of the
Council, at least one member of the Commission shall be appointed who
is a resident or who owns property in the district.
Section 4-2002. Functions.
The Commission shall:
(1) Promote historic districts and landmarks for the educational, cultural, economic, and general welfare of the public.
(2) Assist in preserving, protecting, and regulating buildings,
sites, monuments, structures, and districts of historic interest or
importance within the City.
(3) Assist in preserving and enhancing the environmental quality of neighborhoods.
(4) Establish and improve property values through support of preservation activities.
(5) Foster economic development and manage growth.
CHAPTER 21. NEW ORLEANS MOSQUITO CONTROL BOARD
Section 4-2101. Composition.
The New Orleans Mosquito Control Board shall consist of one
councilmember selected by the Council, the Mayor or a representative
designated by the Mayor, the Director of the Department of Health, the
Director of the Department of Parks and Parkways and six other electors
domiciled in the City, who shall be appointed by the Mayor with the
approval of the City Council and who shall serve six year terms,
provided that the terms shall be so arranged that the term of one
member shall expire each year. There shall be at all times not less
than one qualified entomologist on the Board.
Section 4-2102. Functions.
The Board shall:
(1) Administer and evaluate mosquito control activities.
(2) Monitor the populations of disease and virus transmitting mosquitoes and consult with appropriate authorities.
ARTICLE V. EXECUTIVE BRANCH--UNATTACHED BOARDS AND COMMISSIONS
CHAPTER 1. BOARD OF LIQUIDATION, CITY DEBT
Section 5-101. Composition.
(1) The Board of Liquidation, City Debt, shall be composed of six
members and of three ex-officio members, who shall be the Mayor and the
two councilmembers-at-large.
(2) Effective on January 21, 1996, the terms of the six citizens
serving on the Board shall change from terms for life to fixed terms.
The members shall conduct a drawing to determine who shall serve for
terms of two, four, six, eight, ten, and twelve years. Upon the
expiration of a term, a Board member who is domiciled in and an elector
of the City shall be appointed by the Mayor with the approval of the
Council from a list of three names submitted jointly by a committee
consisting of the President of the Board of Liquidation, who shall
chair the committee, and the Presidents or Chancellors of Dillard
University, Loyola University, Southern University of New Orleans,
Tulane University, the University of New Orleans, and Xavier
University. Members so appointed shall serve for terms of twelve years.
Any vacancy on the Board shall be filled in accordance with the
provisions of Section 9-105 of this Charter.
Section 5-102. Functions.
Except as otherwise provided in this Charter, the Board of Liquidation,
City Debt shall continue to exercise and have the powers, duties, and
functions which it exercised on the effective date of this Charter. It
shall have the power to issue bonds in any manner permitted by state or
municipal law and this Charter and to manage its affairs, under this
Charter on behalf of the City of New Orleans, in accordance with the
provisions of applicable state or municipal law.
CHAPTER 2. PUBLIC BELT RAILROAD COMMISSION
Section 5-201. Composition.
The Public Belt Railroad Commission shall be composed of the Mayor, who
shall be ex-officio president, and sixteen citizen taxpayers who are
domiciled in and electors of the City of New Orleans as provided by law.
Section 5-202. Functions.
The Commission shall have such powers, duties and functions as are provided by law.
CHAPTER 3. SEWERAGE AND WATER BOARD
Section 5-301. Organization.
The Sewerage and Water Board in existence at the adoption of this
Charter shall be continued. The Board shall be composed of the Mayor,
the two at large members of the Council, one of the district
councilmembers selected by the Council, and two members of the Board of
Liquidation, City Debt, and seven citizens who are domiciled in and
electors of the City appointed as provided by applicable state and
municipal law.
Section 5-302. Functions.
The powers, duties and functions of the Sewerage and Water Board are
provided by applicable state and municipal law. The Board shall
coordinate its repair, maintenance, and construction projects with City
agencies, including the City Planning Commission and the Departments of
Public Works and Parks and Parkways, in order to minimize disruption of
the City's streets, sidewalks, and other public spaces.
CHAPTER 4. CITY PLANNING COMMISSION
Section 5-401. Creation and Composition.
The City Planning Commission shall consist of nine members who are
electors of and domiciled in the City, appointed by the Mayor with the
approval of the Council for terms of nine years, staggered so that the
term of one member shall expire each year.
Section 5-402. Functions.
The City Planning Commission shall:
(1) Prepare, adopt, amend and modify a long term Master Plan for the
physical development of the City, which shall consist of a statement of
development goals, objectives, and policies and which shall show the
general location, extent, and character of streets, bridges, waterways,
and other public ways; parks and open spaces; public buildings and
structures; public utilities, and terminals, whether public or
privately owned; public housing, slum clearance, and redevelopment
projects and areas; and any other physical public facility, with due
regard to the aesthetic characteristics of all public structures.
(2) Prepare, adopt, amend and modify regulations governing the
subdivision of land, including platting and replatting, which
regulations shall provide for the proper arrangement of streets and
public utilities; open spaces for light, air and recreational areas;
space for vehicular parking; the sizes and shapes of lots in order to
avoid congestions of population and to provide for the amenities of
human habitation; and the manner and extent to which streets shall be
paved and public utilities installed in such subdivisions, consistent
with the provisions of this Charter.
(3) Prepare and recommend to the Council:
(a) Plats, together with revisions and amendments thereof, showing
the exact location of lines of recommended new, extended, widened, or
narrowed streets, and the estimated time within which the land needed
for future street development as shown on the plat.
(b) The Official Map of the City and amendments thereto, upon which
shall be shown all existing and established streets, recommended street
lines, all streets or street lines located on final or recorded plats
of subdivisions, and the location of existing or planned parks and
other open spaces. Street locations on final or recorded plats of
subdivisions shall constitute amendments to the Official Map and shall
be placed thereon.
(c) A zoning ordinance and revisions and amendments thereof for the
purpose of promoting the public health, safety, aesthetics, and general
welfare of the City, which ordinance may contain regulations with
respect to the location, height, bulk, size of buildings and other
structures; the size of yards, courts, and other open spaces; the
density of population; and the use of buildings, structures and land
for trade, industry, business, residence, or other purposes.
(d) Plans for the clearance of slum areas, public housing
developments, and the rehabilitation or redevelopment of blighted areas.
(e) Plans for the replanning, improvement, and reconstruction of
neighborhood and community centers and of areas or districts destroyed
or seriously damaged by fire, earthquake, flood or other disaster.
(f) Such other studies as may be requested or directed by the Council.
(4) Prepare the capital program and assist the Chief Administrative Officer in the preparation of the capital budget.
(5) Prepare such studies as may be requested by the Mayor.
Section 5-403. Director and Staff.
The City Planning Commission may appoint a Director who shall serve at
its pleasure. The Director shall be the executive officer of the
Commission and shall be responsible for the supervision of the staff.
The Commission may, subject to the provisions of this Charter, appoint
such employees as it may deem necessary and may contract with planning
experts, engineers, architects and other consultants for such services
as it may require.
Section 5-404. Master Plan and Subdivision Regulations.
(1) Adoption. The Commission shall adopt and may modify or extend the
Master Plan at any time. The Master Plan shall consist of statements
regarding development goals, objectives, and policies and shall include
a diagram and a text setting forth principles, standards, and
proposals. The entire area of the City shall be addressed within the
Plan, as well as those land areas outside of the Parish of Orleans
under the control or ownership of the City. Adoption, modification or
extension may be by single resolution or by successive resolutions
relating to parts of the Master Plan corresponding to major
geographical sections or functional divisions of the subject matter.
Following the adoption of that part of the Master Plan relating to the
Major Street Plan, the Commission shall by resolution adopt and may so
modify or extend regulations governing the subdivision of land.
(2) Publication and Filing. Upon adoption, certified copies of the
plan and regulations and the resolutions by which they were adopted
shall be filed with the Clerk of Council and with such offices as may
be required by applicable state or municipal law. Regulations governing
the subdivision of land shall be published once after adoption in the
official journal.
(3) Legal Effect of Master Plan. After the adopted Master Plan shall
have been so filed and published, no public project or facility and no
public utility, whether publicly or privately owned, shall be
authorized or constructed except in conformity with the adopted Plan.
Proposals for the authorization or construction of such projects,
facilities or public utilities shall be submitted to the Commission for
its approval for conformity with the adopted Plan as to location,
character and extent. No final action with respect thereto shall be
taken by the Council, by any other governing authority, by any officer,
department or board, or by any person concerned therewith, except in
conformity with the approval of the Commission certifying that the
proposed action is in conformity with the adopted Master Plan.
(4) Mandatory Review. At least once every ten years, the Commission
shall review the Master Plan and shall determine, after one or more
public hearings, whether the Plan requires amendment. If any amendment
of the Plan is required, the Commission shall modify the Plan in
accordance with the procedures of this Section.
(5) Legal Effect of Subdivision Regulations. All proposed
subdivisions of land to be made after the adoption of the regulations
governing subdivision of land shall be submitted to the Commission for
its approval for conformity with the subdivision regulations, and no
such proposed subdivision shall be made or recorded unless approved by
the Commission. Approval of a plat of a subdivision shall not be deemed
an acceptance by the City of any street or other open space shown on
the plat.
Section 5-405. Planned Street Lines and the Official Map.
(1) Adoption. The Council, upon the recommendation of the Commission, may by ordinance adopt:
(a) Plats showing the exact location of planned or mapped lines of street widenings and extensions or of future streets.
(b) An Official Map showing all public streets then existing and
established by law; all planned streets or street lines previously
adopted under this Section; all streets or street lines as located on
final or recorded plats of subdivisions as previously approved by the
Commission; and all existing or planned parks and other public open
spaces.
(2) Notice to Owner of Record. No plat showing the location of a
planned or mapped street shall be adopted before Notice shall have been
sent by registered mail to the owners of record of the land on or
abutting the future street lines designated upon the plat.
(3) Legal Effect.
(a) Upon the adoption of any plat showing the location of a planned
or mapped street, the owners of the property within the lines of such
planned or mapped street shall for the period specified in the
ordinance be prohibited from erecting any structure within such lines.
The owner of any property so affected shall be entitled to appeal to
the Board of Zoning Adjustments under the same procedure described for
appeals in zoning cases.
(b) After the adoption of the Official Map or any plat showing
the lines of planned or mapped streets, no change in any street shall
be made by the Council until such proposed change shall have been
submitted to the Commission for its approval or disapproval for
conformity with the Official Map. Pending the adoption of the Official
Map, the Council shall not vacate, narrow, or extend any existing
street without having secured the approval of the Commission thereon.
(c) The adoption of any plat showing the location of a planned
or mapped street or the placing of any street or street line on the
Official Map shall not, in and of itself, constitute or be deemed to
constitute the opening or establishment of any street nor the taking or
acceptance of any land for street purposes.
(4) Amendment of Official Map. New streets and street locations
on recorded plats of subdivisions as approved by the Commission or on
plats adopted by the Council shall be forthwith placed upon the
Official Map as additions or modifications thereto, when the Council
accepts the dedication of the streets and street locations shown
thereon. Other amendments to the Official Map may be made by the
Council at any time after having secured the advice of the Commission.
Section 5-406. Zoning Ordinance.
(1) Except when adopted pursuant to a zoning plan proposed and
recommended by the Commission, the Council shall refer all proposed
zoning ordinances and amendments to the Commission for its
recommendations.
(2) Mandatory Review. At least once every ten years, immediately
following the review of the Master Plan, the Commission shall review
the Comprehensive Zoning Law and shall determine, after one or more
public hearings, whether the law requires revision and amendment.
(3) The City shall make adequate appropriations to the Commission to implement the mandate of this section.
Section 5-407. Public Notice and Public Hearing.
Prior to making recommendations on any zoning ordinance or amendment
thereto, prior to adopting regulations governing the subdivision of
land, and prior to adopting the Master Plan or part thereof, the
Commission shall hold a public hearing thereon at which interested
persons shall be afforded a reasonable opportunity to be heard. Notice
of the time and place of the hearing shall be published at least three
times in the official journal.
Section 5-408. Approval of the Commission.
(1) When under this Charter the approval of the Commission is required
of any proposal, the approval shall be by the affirmative vote of a
majority of the members of the Commission. Should the Commission fail
to act within sixty days of the submission of the proposal to the
Director of the Commission, its approval shall be presumed unless the
person, governing authority, officer, department, board or commission
submitting the proposal shall agree to a longer period of time for
consideration by the Commission. In the case of amendments to the
zoning ordinance, the Commission shall report its findings within a
reasonable period of time, to be fixed by ordinance, without a
presumptive approval being granted.
(2) Should the Commission disapprove any proposal involving the
expenditure of public moneys, such disapproval may be overruled by an
affirmative vote of two-thirds of the membership of the affected
governing authority paying the preponderance of the cost involved. Any
disapproval of a proposal for a public housing project and any approval
or disapproval of any proposal not involving the expenditures of public
moneys may be overruled by the affirmative vote of two-thirds of all
members of the Council.
Section 5-409. Board of Zoning Adjustments.
(1) Composition. There shall be attached to the Commission a Board of
Zoning Adjustments to consist of seven members who shall be domiciled
in and electors of the City, appointed by the Mayor with the approval
of the Council for five-year terms, staggered so that the term of one
or two members shall expire each year. Neither the Director nor any
member of the Commission shall be a member of the Board. The Mayor may,
by Executive Order approved by the Council in accordance with the
procedures established in Section 9-201(2) of this Charter, reassign or
attach the functions of the Board to another department or board within
the Executive Branch.
(2) Functions. The Board shall:
(a) Hear and determine appeals from applicants who have been refused
building permits because of a violation or conflict with the zoning
ordinance or the official map of the City.
(b) Hear and decide appeals where error is alleged in any order,
requirement, decision, or determination made by an administrative
official in the enforcement of the zoning ordinance of the City.
(c) Have the power to permit exceptions to or variations from the
zoning regulations in classes of cases or situations and in accordance
with the principles, conditions, and procedures specified in and
subject to the limitations imposed by the zoning ordinances of the City.
Section 5-410. Other Functions.
Functions not specifically assigned to the Commission by this chapter
may be assigned to the Commission or reassigned by an Executive Order
of the Mayor approved by the Council in accordance with the procedures
established in Section 9-201(2) of this Charter.
CHAPTER 5. PUBLIC LIBRARY BOARD
Section 5-501. Composition.
The Public Library Board shall consist of electors who are domiciled in
the City and who shall be appointed by the Mayor with the approval of
the Council for terms of nine years, so arranged that the term of one
member shall expire each year.
Section 5-502. Functions.
The Board shall:
(1) Control and provide for the administration of the libraries, reading rooms, bookmobiles and related facilities.
(2) Purchase directly or through the Department of Finance books,
pamphlets, films, maps, recordings, periodicals, prints and pictures,
computer hardware, software, and such materials, equipment, and other
property as may be necessary for the performance of its functions.
(3) Develop library facilities to serve the needs and interests of the public.
(4) Maintain the City archives.
(5) Determine the purposes for which any moneys or property derived
from any trust or donation made for library purposes shall be expended
or used, subject only to the terms of such trust or donation.
(6) Perform such other duties as are required by this Charter or assigned in writing by the Mayor.
Section 5-503. Librarian.
The Board shall appoint a professional Librarian who shall serve at its
pleasure and who shall be in charge of the libraries and other
facilities under the jurisdiction of the Board. The Librarian shall
meet the qualifications required of Parish Librarians, as specified
under applicable state and municipal law.
CHAPTER 6. NEW ORLEANS AVIATION BOARD
Section 5-601. Composition.
The New Orleans Aviation Board shall consist of nine members who shall
be appointed by the Mayor with the approval of the Council for terms of
five years, so arranged that the term of one or two members shall
expire each year.
Section 5-602. Functions.
The Board shall:
(1) Administer, operate and maintain all municipal airports and aviation facilities.
(2) Represent the City in all technical matters pertaining to
aeronautics in consultation with state, national or international
aeronautics officers or agencies.
(3) Provide for the regulation and policing of municipal airports
and aviation facilities in accordance with applicable state and
municipal law.
Section 5-603. Aviation Director.
The Board may appoint an Aviation Director who shall serve at its pleasure and who shall be the executive officer of the Board.
CHAPTER 7. VIEUX CARRE COMMISSION
Section 5-701. Composition.
There shall be a Vieux Carre Commission consisting of nine electors,
domiciled in the City, appointed by the Mayor with the approval of the
Council, for a term of four years, as provided by Article 14, Section
22A of the Louisiana Constitution of 1921, and retained by Article 6,
Section 17 of the Louisiana Constitution of 1974. At least one Mayoral
at-large appointment shall be domiciled within the area bounded by the
Mississippi River, the downtown side of Iberville Street, the river
side of North Rampart Street and the uptown side of Esplanade Avenue.
In selecting persons for appointment to at-large positions on the Vieux
Carre Commission, the Mayor shall take such steps as are necessary to
ensure that persons from all areas of the City are given due
consideration for such appointments.
Section 5-702. Functions.
The Commission shall:
(1) Preserve those buildings in the Vieux Carre section of the City
as defined by the Constitution, having an historical or architectural
value.
(2) Make such recommendations to the Council as it deems appropriate
concerning measures for the preservation of the Vieux Carre.
Section 5-703. Enforcement.
The Council shall by ordinance or otherwise carry into effect
provisions of the Constitution and this chapter relating to the Vieux
Carre section and shall provide for the enforcement of such provisions
by appropriate legal proceedings including resort to injunctive process.
CHAPTER 8. AUDUBON COMMISSION
Section 5-801. Audubon Commission.
The Audubon Park Commission shall hereinafter be known as the Audubon
Commission and shall be continued in existence from January 1, 1996,
the effective date of this amendment, with the same powers, duties, and
functions as enjoyed by the Commission previously. The powers, duties,
functions, administration, and operation of the Commission shall be as
provided for in this chapter of the Charter and other applicable state
and municipal law.
Section 5-802. Powers, Duties, and Functions.
The powers, duties, functions, administration, and operation of the
Audubon Commission shall be as provided in this chapter to administer,
operate, and maintain facilities administered by the Commission,
including Audubon Park, the Aquarium of the Americas, Woldenberg
Riverfront Park, the Species Survival Center, the Louisiana Nature
Center and other educational, cultural and recreational facilities, and
to perform such other duties as are provided by applicable law, subject
to the provisions of the City's Master Plan, its land use regulations,
and its permitting authority. The Commission shall not accept, assume,
or exercise any power or function which relates to taxation or the
police power or which imposes a financial obligation on the city
derived from any state law unless approved by ordinance of the Council.
Section 5-803. Administration.
(1) Any capital or operating funds appropriated by the City Council to
the Commission in accordance with the provisions of this Charter shall
be administered by the Commission subject to all provisions of the
Charter applicable to such appropriations. All other funds received by
the Commission, including but not limited to funds generated from the
operation of facilities by the Commission, millage revenue, donations,
and federal, state, or local funds, shall be administered solely by the
Commission in accordance with the procedures specified in this section.
(2) The Commission shall prepare and transmit its operating and
capital budgets annually to the Mayor and Council no later than the
first day of December of each year.
(3) The Commission shall prepare and transmit to the Mayor and
Council an independent audit prepared by a Certified Public Accountant
or firm of Certified Public Accountants within 120 days of the end of
its fiscal year. Notwithstanding the preparation and transmittal of
such an audit by the Commission, the Council may include the Commission
in the independent audit authorized pursuant to Section 6-107 of this
Charter.
(4) The Commission shall comply with all state and municipal public
bid laws dealing with the procurement and disposition of property.
(5) The Commission may accept any trust or conditional donation
without the necessity of review by the Board of City Trusts or its
successor, provided that the Commission shall not accept any trust or
conditional donation which imposes a financial obligation unless the
acceptance is approved in accordance with procedures established by
ordinance or in accordance with procedures established in this Charter
for the acceptance of a trust or conditional donation. In no event
shall acceptance of any trust or conditional donation by the Commission
impose any financial obligation on the City unless approved as provided
by this section.
(6) The Commission may retain counsel, whose duties may include the
performance of notarial work for transactions required to be in
authentic form.
CHAPTER 9. NEW ORLEANS ALCOHOLIC BEVERAGE CONTROL BOARD
Section 5-901. Composition.
The New Orleans Alcoholic Beverage Control Board shall consist of seven
members who are electors of and domiciled in the City, one appointed by
each member of the Council, for terms of four years. The terms of
office of the members of the Board shall expire on June thirtieth of
the year that the Mayor and Councilmembers take office.
Section 5-902. Functions.
The Board shall:
(1) Hear and decide cases for suspension or revocation of City alcoholic beverage permits.
(2) If provided by ordinance, here and decide appeals from persons
who have been denied alcoholic beverage permits by an administrative
official in the enforcement of applicable state or municipal laws.
The Board shall have the right to administer oaths, subpoena
witnesses and compel the production of books and papers in connection
with its activities.
The Board may employ necessary staff in accordance with applicable
Civil Service law and subject to appropriations by the Council. The
Board's operation and procedures shall be governed by Chapter 1 of
Article IX of this Charter and by applicable state and municipal law.
ARTICLE VI. FINANCIAL ADMINISTRATION PROCEDURES
CHAPTER 1. BUDGETING AND AUDITING
Section 6-101. Revenue Estimating Conference.
(1) The Revenue Estimating Conference shall be composed of the Mayor,
who shall serve as chair, the Chief Administrative Officer, the
Director of Finance, a member of the Council selected by the Council,
and a faculty member of a college or university in New Orleans who has
expertise in forecasting revenues or in a related field. The faculty
member shall be appointed by the Mayor and confirmed by the Council to
serve for a term concurrent with that of the Mayor and shall be subject
to removal under the same procedure as provided in this Charter for
removal of board members.
(2) The conference shall prepare and publish initial and revised
estimates of money which is to be recognized for the current and next
fiscal year by the City general fund and all other City operating
funds, such estimates to be based upon standards promulgated by the
Governmental Accounting Standards Board and which shall be known as the
"official forecast." The conference shall meet at least quarterly. The
Mayor may call meetings of the conference at any time in accordance
with applicable state and municipal law and shall call meetings when
requested to do so by Motion of the City Council. In each estimate, the
conference shall designate the money which is nonrecurring or will
recur only in a limited number of years. Conference decisions to adopt
these estimates shall be by a unanimous vote of its members. The most
recently adopted estimate, as defined above, shall be the official
forecast and shall constitute a recommendation to the Mayor and City
Council of the amount of revenues to be included in the
Section 6-102. Preparation of the Annual Operating Budget.
(1)
The Chief Administrative Officer shall annually, and not later than the
first day of August, make available sufficient data relating to the
current and preceding year's appropriations and expenditures for each
fund to each office, department, board, the Council, pension and
retirement system, trust proceeds fund, debt service fund or other
entity which is receiving or seeks to receive an appropriation from the
Council payable from any operating fund of the City or which expends
City funds. All data required under this section shall be in a format
which adheres to generally accepted accounting principles as defined by
the Governmental Accounting Standards Board or any successor
organization, except as provided in Section 6-103(1).
(2) Any entity which seeks an appropriation from any operating fund
of the City shall submit detailed data to the Chief Administrative
Officer in accordance with a
schedule prescribed by the Chief
Administrative Officer for compilation and recommendations for review
by the Mayor prior to the Mayor's submission of the proposed budget to
the City Council.
(3) The Chief Administrative Officer, after consulting with the
Council and the heads of offices, departments and boards, shall prepare
a preliminary budget for the consideration of the Mayor. The
preliminary budget shall include all budget requests and the
recommendations of the Chief Administrative Officer with respect to
each request, an estimate of revenues from each source, and a statement
of the total estimated revenues and total recommended expenditures for
each operating fund.
(4) The Mayor shall review the preliminary budget and may hold
either formal or informal hearings thereon, at which the heads of each
office, department or board may be given an opportunity to be heard
with respect to their requests. The Chief Administrative Officer shall
then prepare the operating budget under the direction of the Mayor.
Such budget shall set forth each item of expenditure recommended by the
Mayor and estimates of revenues which will be available for
expenditure. If the estimate of any revenue differs by more than three
percent from the estimate of that revenue in the official forecast,
information on the difference and an explanation thereof shall be
submitted to the Council with the operating budget. Where the estimated
revenues from existing sources are insufficient to meet the recommended
expenditures, the Mayor shall provide recommendations of new sources of
revenues to balance the budget. The operating budget shall be presented
to the Council with a message from the Mayor outlining
(5) The proposed ordinance for the operating budget shall
provide lump sum appropriations under the following classes for each
budget unit:
(a) Personal services of officers and employees.
(b) Other operating expenses.
(c) Debt service.
(d) Such other classes as the Mayor may annually establish.
(6) The proposed ordinance for the operating budget shall authorize
the transfer of all amounts authorized by the capital budget ordinance
from the general fund and any special revenue funds to the capital
projects funds to be financed from such transfers.
(7) There shall be appended to the operating budget a statement of
the transactions of each of the pension and retirement systems,
expendable trust funds, and debt service funds, for the preceding year,
for the current year to June thirtieth, anticipated transactions for
the remainder of the current year and for the ensuing fiscal year, and
a projection of anticipated revenues and expenditures of the City,
including all dedicated and undedicated funds and the funds of each
unattached board and commission for the next five fiscal years.
(8) The operating budget and the proposed revenue and operating
budget ordinances shall be submitted to the Council not later than the
first day of November. Sufficient copies of the operating budget shall
be supplied by the Mayor to the Clerk of Council for distribution to
members of the Council and to interested citizens.
Section 6-103. Administration and Enforcement of the Budget Operating Ordinance.
(1) The adoption of the operating budget ordinance shall constitute an
appropriation of the sums specified therein for the purposes and from
the funds indicated. Such appropriation shall be considered valid only
for the year for which made, and any part of such appropriation which
is not encumbered or expended shall lapse at the end of the year.
(2) Following the adoption of the operating budget ordinance, the
head of each office, department and board shall submit to the Chief
Administrative Officer schedules showing the expenditures anticipated
for each quarter of the fiscal year.
(3) The approval of an expenditure schedule by the Chief
Administrative Officer shall constitute a budgetary allotment which
shall be binding upon such office, department or board and the
Department of Finance shall approve or issue no requisition, purchase
order, voucher or check that is not in accordance with such allotment.
(4) The allotments herein provided may be altered at any time by the
Chief Administrative Officer upon his own initiative or at the request
of the head of an office, department or board and shall be altered at
the direction of the Mayor. The Mayor shall direct appropriate
revisions in allotments to keep expenditures within the revenues
received or anticipated.
(5) The Director of Finance and his surety shall be liable for any
moneys withdrawn from any operating fund other than in accordance with
the operating budget ordinance and allotments.
Section 6-104. Preparation of the Capital Program and Capital Budget.
(1) The City Planning Commission annually and not later than the
fifteenth day of October shall prepare and submit to the Mayor a
capital program.
(2) Each office, department, board, the Council, pension and
retirement system, expendable trust fund, and debt service fund or
other entity annually shall present to the City Planning Commission, in
accordance with a schedule prescribed by the Chief Administrative
Officer, a list of all the expenditures for permanent physical
improvements which it is making or believes should be made in
conjunction with its work during the next five years.
(a) Each list shall show the projects in process of construction or
acquisition, their present status, the amounts spent or to be spent
thereon to the close of the current year, the work which is required to
complete each undertaking with schedule for such completion, the amount
and source of the moneys spent, and the amount and source of moneys
required during each of the five succeeding years to complete each
undertaking.
(b) Each proposal shall contain a justification of the project, its
estimated cost, method of financing, the estimated cost of annual
operation and maintenance, the proposed dates of initiation and
completion of the project, the financial requirements during each of
the five ensuing years and the source of such moneys.
(3) The Chief Administrative Officer shall furnish to the Commission
a statement of the moneys likely to be available from the General Fund
and special revenue funds and the amount of bonds which the Mayor
believes it would be proper for the City to issue during each of the
next five years. The Commission shall then prepare the capital program
for the next five years, in which it shall recommend the projects to be
undertaken within the period in priority order and shall state the
sources of moneys to be used for each project during each year of the
period.
(4) Upon receipt of the capital program from the Commission, the
Mayor shall prepare a message to the Council setting forth
recommendations with regard thereto. The Chief Administrative Officer,
under the direction of the Mayor, shall prepare a proposed capital
budget ordinance for the first year covered by the capital program. Not
later than the first day of November, the Mayor shall submit to the
Council the capital program as prepared by the Commission, the capital
budget message, and the proposed capital budget ordinance.
Section 6-105. Administration and Enforcement of the Capital Budget Ordinance.
(1) The adoption of the capital budget ordinance shall constitute an
appropriation of the sums specified therein for the purposes and from
the funds indicated. Such appropriation shall be considered valid only
for the year for which made, and any part of such appropriation which
is not encumbered or expended shall lapse at the end of the year.
Officers authorized to make expenditures under the capital budget
ordinance may proceed without other authority from the Council to incur
obligations or make expenditures for proper purposes to the extent that
the moneys are available.
(2) Accounting officers of the City shall be responsible for the
enforcement of the capital budget ordinance to the same extent as the
Director of Finance is responsible for the enforcement of the operating
budget ordinance.
Section 6-106. Fiscal Year.
The fiscal year of the City shall be the calendar year unless changed
by ordinance. If the fiscal year is modified, the time limits specified
in this Chapter shall be modified by the ordinance to conform to
substantially the same general time schedule as that specified herein.
Section 6-107. Encumbrance Defined.
For the purpose of this Charter, the term "encumbrance" shall mean a
commitment for expenditure of an appropriation evidenced by a valid
requisition properly approved.
Section 6-108. Independent Audit.
(1) The Council shall execute an agreement with a Certified Public
Accountant or firm of Certified Public Accountants for the purpose of
securing an audit of the accounts of the City and may execute such an
agreement for the purpose of securing an audit of the accounts of any
office or public body that receives or expends City funds, including
non-municipal offices and public bodies.
(2) As soon as practicable and in no event later than six months
after the close of the fiscal year, the accountant or accountants shall
submit to the Council a report upon the transactions of the year just
completed.
(3) No certified public accountant selected to make the audit or any
of the partners of the firm of certified public accountants selected to
make the examination shall be a member, an officer, or an employee of a
department, board or other agency of the City.
(4) If the person or firm selected to make the audit informs the
Council that any office or entity receiving or expending City funds has
failed or refused to provide information or permit inspections
necessary or reasonably desirable for completion of the audit, the City
Council may issue and the City Attorney shall promptly seek enforcement
of subpoenas to compel the requested inspection or information.
CHAPTER 2. FUND ADMINISTRATION
Section 6-201. Operating Funds.
(1) Except as otherwise provided in this Chapter, all moneys of the
City held by the Director of Finance or other officers for the purpose
of defraying any operating expense shall constitute "operating funds."
(2) The Director of Finance shall establish and maintain the following operating funds:
(a) The General Fund. Except as otherwise provided by this Charter
or applicable state law, all taxes, licenses, fees, and other receipts,
revenues and income of the City shall be deposited daily to the credit
of the "General Fund of the City of New Orleans".
(b) Other Operating Funds. The Council shall by ordinance establish
such other operating funds as are required to comply with the
provisions of any law, contract or donation under which the City
receives moneys or to comply with generally accepted accounting
principles.
(3) No moneys shall be disbursed from operating funds except in
accordance with an appropriation made by the operating budget ordinance
and allotments thereunder, the capital budget ordinance as provided for
in this Charter, or applicable state and municipal law. No operating
expense shall be paid from any fund other than an operating fund,
except to the extent specifically authorized by ordinance to be paid
from other funds.
(4) The Council may authorize by ordinance the creation of petty
cash accounts to permit payment for small purchases which are
impractical to pay by check. No petty cash account shall be for a
greater amount than is necessary to finance transactions for one month.
Officers or employees having custody of petty cash accounts shall be
bonded, shall use the funds only for public purposes, shall submit
appropriate documentation for all expenditures, and shall comply with
any requirements imposed by ordinance.
Section 6-202. Pension and Retirement Funds.
(1) All funds maintained for the purpose of paying any pension or
retirement benefits, payments or refunds, or for providing any reserve
or accumulation with respect thereto, shall constitute "pension and
retirement funds."
(2) No payments shall be made from any pension or retirement fund
for any purpose other than to pay benefits authorized to be paid from
such funds; to make investments as may be provided by law; or to refund
contributions to the members of such funds. All operating expenses of
pension and retirement systems shall be payable only from operating
funds.
(3) The governing authority of any pension or retirement fund may
arrange with the Board of City Trusts for the administration of the
reserves held by such pension or retirement fund.
Section 6-203. Debt Service Funds.
(1) All moneys or securities held for the purpose of paying the
principal, sinking fund installments, interest, or other valid expenses
in connection with the servicing or payment of any obligation which
becomes due and payable more than one year from its date shall
constitute "debt service funds."
(2) The Director of Finance and other officers, departments or
boards when required by law or by the terms of any bond, note,
certificate or other evidence of indebtedness, shall maintain such
funds as may be necessary to enable the City to perform its contractual
obligations.
(3) Moneys held in any debt service fund by any officer, department
or board shall be disbursed only in accordance with the provisions of
law or contract relating thereto. No appropriations shall be required
as a prerequisite to disbursement from such fund.
Section 6-204. Capital Projects Funds.
(1) All moneys received or held for the purpose of defraying the cost
of any capital expenditure shall constitute "capital projects funds."
(2) Capital projects funds shall consist of moneys derived from the
proceeds of the sale of immovable property, from proceeds of bonds,
notes, certificates or other evidences of indebtedness for capital
expenditures, including proceeds of temporary loans negotiated in
anticipation thereof, from appropriations or grants from other
governments or governmental agencies for capital expenditures, from
allocations made by any operating budget ordinance for capital
expenditures, from proceeds from any insurance settlement for loss
sustained to immovable property, from proceeds of assessments for
street improvements to the extent not dedicated to repayment of debt,
or from transfers from any reserve fund maintained for ultimate capital
expenditures.
(3) Capital projects funds shall be expended only in accordance with
the terms of the capital budget ordinance, the terms of loans
negotiated, or the terms of tax levies.
Section 6-205. Nonexpendable Trust Funds.
(1) All moneys acquired by donation which are to be invested or held
intact, temporarily or permanently, and all other property so acquired
by donation shall constitute "nonexpendable trust funds."
(2) The Director of Finance shall be the treasurer for any other
trusts held by or in the name of the City, its officers, departments or
boards, except insofar as specifically and irrevocably otherwise
provided under the terms of the donation or trust. The Director shall
receive and deposit to the credit of such funds and accounts all the
moneys belonging thereto, and shall make disbursement therefrom only in
accordance with resolutions or other appropriate authorizations
furnished by the Board of City Trusts or other persons, officers,
departments or boards having power so to authorize.
Section 6-206. Expendable Trust Funds.
(1) All moneys derived from the interest, dividends, or other earnings
of trust funds, or from the sale of trust fund assets that are to be
expended for any purpose under the terms of any donation or trusts
shall constitute "expendable trust funds."
(2) The Director of Finance shall maintain separate funds and bank
accounts for each such expendable trust fund, shall receive and deposit
to the credit of such funds and accounts all of the moneys belonging
thereto, and shall make disbursement therefrom only in accordance with
resolutions or other appropriate authorization furnished by the Board
of City Trusts or other persons, officers, departments or boards having
power so to authorize.
Section 6-207. Other Funds.
The Mayor, with the approval of the Council, may establish other funds
when necessary and when no appropriate class of funds exists in
accordance with generally accepted accounting principles, and the
Director of Finance may create funds required to comply with generally
accepted accounting principles.
Section 6-208. Deposit of Funds.
Money received by officers and employees shall be deposited promptly to
the City's account in depository banks. The bank account may indicate
the name of the fund, department, board or beneficiary for whom the
money is deposited.
CHAPTER 3. PROCUREMENT AND DISPOSITION OF PROPERTY
Section 6-301. Procurement of Movable Property.
(1) The Department of Finance shall be responsible for the procurement
of all movable property to be paid for from any appropriation made by
the Council.
(2) (a) Before procuring any movable property, the Department of
Finance shall ascertain whether or not movable property is available
for transfer to satisfy any requisition, and if such is available, the
transfer shall be made in lieu of all or a portion of the procurement
with appropriate credits and charges to the budget units involved.
(b) If such property is not available for transfer, the Department
of Finance shall procure it from the lowest responsible bidder who
conforms to the terms and specifications prepared by the Department,
except in cases where competitive bids are not required by state or
municipal law.
Section 6-302. Procurement of Immovable Property.
(1) The Bureau of Purchasing shall be responsible for the procurement
of all immovable property, but only in conformity with the instructions
of the Department of Property Management.
(2) Requisitions for the procurement of immovable property which
have been approved by the appropriate accounting officer as to
availability of unencumbered fund balances shall be submitted to the
Department of Property Management, which department shall ascertain
whether property owned or leased by the City is available for the
purpose requested. If such property is available, the Director of
Property Management shall arrange for its assignment or transfer in
cooperation with the budget units involved. If such property is not
available, the Department of Finance shall procure the necessary
property by purchase, lease, exchange or expropriation.
(3) No immovable property shall be acquired by the City without the
approval of the City Planning Commission as to its use, and where
necessary, the approval of the Board of City Trusts. If either fails to
act within thirty days of a request for approval, its approval shall be
presumed.
(4) All expropriation proceedings shall be instituted in the name of the City through the Department of Law.
Section 6-303. Insurance.
(1) Insurance against fire, windstorm, and other hazards may be
procured for the protection of the property of the City in such amounts
and under such conditions as the Council shall ordain.
(2) The City may, without waiver of its governmental immunity,
procure public liability, bodily injury, and property damage insurance
covering such risks and in such amounts as the Council may ordain,
provided all such policies of insurance shall contain a stipulation
that the insurer shall not assert the governmental immunity of the City
as a defense of any suit on such policies.
(3) All insurance shall be procured by the Department of Finance
from companies licensed by the state to insure the types and amounts of
risks involved.
Section 6-304. Surety Bonds.
Except as herein otherwise provided, the Council shall determine which
officers and employees shall be required to furnish surety bonds and
shall determine the amount of each such bond. The Department of Finance
shall procure all such surety bonds from companies licensed to do
business in the state. All such bonds shall be in favor of the City,
and the premiums thereon shall be borne by the City.
Section 6-305. Disposition of Movable Property.
Boards, department heads, and other officers having movable property
which is not useful to them shall from time to time and at least
annually furnish a list thereof to the Department of Finance. The
Department of Finance shall examine such property, and if the same is
found to be usable, it shall be returned to the central storehouse or
inventoried for subsequent issue upon requisition. If it is found to be
unusable for public purposes, the Director of Finance, after fixing a
minimum price shall cause the property to be exchanged or sold at
public auction to the highest bidder for not less than the minimum
price established after advertisement in the official journal twice,
and the proceeds shall be placed in the General Fund. By ordinance
approved by two-thirds of all its members, the Council may authorize
the sale without public bid of movable property not needed for public
purposes at a shop or store operated by or under the authority of the
City of New Orleans, and the proceeds shall be placed in the Ge
Section 6-306. Disposition of Immovable Property.
(1)
The Department of Property Management shall from time to time, and not
less than once in two years, review the immovable property of the City
and make recommendations to the Council and the City Planning
Commission for the disposition of such property as is no longer needed.
(2) With the prior approval of the Mayor and the City Planning
Commission, the Council may ordain the sale or exchange of immovable
property no longer needed. In its resolution of approval, the City
Planning Commission may impose restrictions as to future use of such
property in order to insure that its use will be in conformity with the
plans developed or in process of development by the Commission. The
Director of Finance, after fixing a minimum price, shall, either
individually or through a person appointed by the Director, cause the
property to be sold at public auction to the highest bidder for not
less than the minimum price after advertisement in the official journal
three times, and the net proceeds shall be placed in the Capital
Projects Fund. However, immovable property may be transferred for
purposes of rehabilitation without public auction, in accordance with
procedures authorized by state law.
Section 6-307. New Orleans Municipal Trust Fund.
(1) Notwithstanding the provisions of Section 6-306 of this Chapter,
all net proceeds resulting from a sale of any immovable property owned
by the City having a sale price of more than five million dollars,
including but not limited to the New Orleans International Airport,
shall be placed in an expendable trust fund to be designated as the New
Orleans Municipal Trust Fund. Specific donations or bequests to the New
Orleans Municipal Trust Fund shall also be placed in the fund. The
Council may from time to time appropriate additional funds to be placed
in the Municipal Trust Fund. No appropriations shall be made from the
fund except in accordance with paragraph (2) of this section.
(2) The Council may by ordinance make appropriations from the New
Orleans Municipal Trust Fund to the General Fund provided that the
total appropriations in any fiscal year shall not exceed eighty percent
of the amount reasonably anticipated to be earned on the amount
contained in the fund during that fiscal year. The Council may by
ordinance approved by a two-thirds vote of all its members appropriate
to the Capital Projects Fund in any fiscal year up to fifty percent of
the amount contained in the Municipal Trust Fund on the first day of
that fiscal year.
(3) The provisions of this section may be declared inapplicable to
all or any portion of the proceeds of a sale of immovable property
owned by the City if a resolution is adopted by affirmative vote of not
less than two thirds of the membership of the Council which states the
Council's determination that
(a) the immovable property was used for an essential public service,
such as sewerage, water, drainage, recreation, port, or railroad
purposes, and the proceeds from the sale are necessary to continue to
provide the service, either for replacement of the property sold or for
capital improvements by the City department, board or agency for whose
benefit the property was used; or
(b) the immovable property was used primarily for office space or
other essential support of City employees or activities, and the
proceeds from the sale of the property are necessary to provide for
replacement of that space or support; or
(c) the immovable property is or was acquired pursuant to the terms
of a donation, trust, contract, or law which would preclude the deposit
of the proceeds from the sale of the property into the Municipal Trust
Fund.
The Council shall hold a public hearing on any resolution to declare
this section inapplicable to a sale of immovable property, which
hearing shall be advertised in the official journal once a week during
the two weeks preceding the public hearing.
(4) If the City disposes of immovable property by means of an
exchange of property with additional cash compensation to the City, and
the total value of the property and cash exceeds five million dollars,
the provisions of this section shall apply to the cash proceeds of the
transaction.
(5) Despite its name, the Municipal Trust Fund shall not be subject
to the provisions of Chapter 18 of Article IV of this Charter. However,
conditional donations to the Municipal Trust Fund shall be subject to
the provisions of Chapter 18 of Article IV of the Charter.
Section 6-308. Contracts.
(1) All formal written contracts to which the City is a party, except
those executed pursuant to paragraph (5)(c) of this section, shall be
signed by the Mayor or, under the Mayor's authorization, by the
Director of Finance or the Director of Property Management. Contracts
may be proposed by any officer, department or board but, before being
presented for signature, shall be approved by the Department of Law as
to form and legality.
(2) Prior to signature, contracts involving financial obligations by
the City shall be approved also by the Department of Finance as to the
availability of funds in the amounts and for the purposes set forth
therein. Such contracts shall not extend beyond the term for which an
appropriation to finance such obligations shall have been made. This
paragraph shall not apply to obligations for the procurement of
services from regulated utilities, telecommunication services, and
sanitation services.
(3) All construction of public buildings shall be done by contract in conformity with applicable state or municipal law.
(4) Contracts for the leasing of property belonging to the City for
periods of more than one year shall be subject to requirements which
may be imposed by ordinance.
(5) (a) Except in the purchase of unique or noncompetitive articles,
competitive bids shall be secured before any purchase, by contract or
otherwise, is made or before any contract is awarded for construction,
alteration, repair or maintenance or for the rendering of any services
to the City, other than professional services, and the purchase shall
be made from or the contract shall be awarded to the lowest responsible
bidder after advertisement prescribed by ordinance or by applicable
state or municipal law.
(b) Contracts for professional services administered by the offices,
departments, boards, and other agencies of the Executive Branch shall
be awarded on the basis of a competitive selection process which shall
be established by executive order of the Mayor.
(c) Contracts for professional services administered by the Council,
pursuant to its Charter functions, legislative authority and
responsibilities, and regulatory authority and responsibilities, shall
be awarded on the basis of a competitive selection process which shall
be established by rule of the Council. Such contracts shall be signed
by the Council president upon authorization by Motion adopted by a
majority of the entire membership of the Council, except that pursuant
to Section 4-403(2), contracts to employ special counsel shall require
a two-thirds vote of the Council's entire membership. The Council rule
may except contracts executed solely to assist the office of an
individual councilmember.
(d) Each such order or rule and any amendment thereto shall be
published once in the official journal and shall be the subject of a
public hearing at least seven days prior to its effective date. The
Executive Branch or Council competitive selection processes may include
a threshold amount below which the competitive selection process shall
not be required. The amount of the threshold shall be established by
ordinance.
(6) The Director of Finance shall require of successful bidders a
performance bond and, where appropriate, a labor and materials bond.
The Director may in the exercise of sound discretion permit a bidder to
file an annual bond to cover bids that may be made by, or the
performance of contracts that may be awarded to, such bidder during an
annual period. Such bond shall be in such amount as the Department of
Finance may determine and may be increased or decreased from time to
time as the Department may require, in order to keep it commensurate
with the bids made or contracts awarded during the annual period.
(7) The Council may by ordinance provide for the manner of executing
other contracts and may in the case of any contract require the
signatures of other officers in addition to those specified in this
Section as it may deem proper for the protection of the interests of
the City.
ARTICLE VII. FINANCING STREET IMPROVEMENTS
Section 7-101. The Improvements of Streets.
(1) The Council shall, by ordinance, provide for the paving and improvement of streets.
(2) The Department of Public Works shall submit to the Council for
its approval the plans and specifications for the improvement of any
street, provided that such plans shall not conflict with the Master
Plan previously adopted by the City Planning Commission. Upon approval
of plans and specifications by the Council, the Department of Finance
shall advertise for bids for such work unless it is to be performed by
the Department of Public Works or unless such work is part of a program
undertaken in cooperation with any other governmental agency.
Section 7-102. Cost.
(1) Costs to be Paid by Developers of Subdivisions. The Department of
Public Works with the approval of the Council may require that streets
in such subdivisions be paved or repaved, and the Council may require
that the subdivider pay such portion of the total cost of such paving
as it may deem reasonable. To assure said payment, the subdivider shall
furnish a bond or cash in an amount fixed by the Council. No such bond
shall be accepted until it has been approved as to form by the City
Attorney and as to sufficiency by the Director of Finance.
(2) Costs To Be Paid By Owners of Abutting Property. The Council may
levy assessments for paving against abutting property in the manner and
subject to the limitations contained in Sections 42 through 50, both
inclusive, of Louisiana Act 159 of 1912, as amended by Louisiana Act
338 of 1936, for the protection, enforcement and collection of special
assessments for the financing of paving and other street improvements.
Section 7-103. Retention of Existing Rights.
All liens, privileges, preferences, processes and immunities vested in,
granted to or enjoyed by the City of New Orleans prior to the effective
date of this Charter under the Constitution and statutes of this state,
including, but without limitation those vested, granted or enjoyed
under Sections 42 through 50, both inclusive, of Louisiana Act 159 of
1912, as amended by Louisiana Act 338 of 1936, for the protection,
enforcement and collection of special assessments for the financing of
paving and other street improvements, shall continue to be available to
the City.
ARTICLE VIII. DEPARTMENT OF CIVIL SERVICE
Section 8-101. Effective Date of This Article.
This Article shall have effect only in the absence of an applicable
State law upon the same subject matter. The members of the Civil
Service Commission serving on the day prior to the effective date of
this Article shall complete the terms for which they were appointed and
shall serve as members of the Civil Service Commission established by
this Article.
Section 8-102. Department of Civil Service.
The Department of Civil Service shall consist of a Civil Service
Commission, a Director of Personnel, and the employees subordinate to
the Director. The Department shall be a part of the Executive Branch.
Section 8-103. Civil Service Commission.
(1) Creation, Membership and Appointment:
(a) The Commission shall consist of seven members who shall be electors of and domiciled in the City.
(b) The presidents or chancellors of Dillard University, Loyola
University, Tulane University of Louisiana, University of New Orleans,
Southern University of New Orleans, and Xavier University, after giving
consideration to representation of all groups, each shall nominate
three persons. In addition, the employees in the classified service of
the City shall nominate three persons in the classified service of the
City by means of an election called for that purpose and conducted in
accordance with procedures specified by the rules of the commission.
The City Council shall appoint one member of the commission from the
three persons nominated by each nominating authority. If the Council
fails to make an appointment within thirty days of receipt of a
nomination, the nominee whose name is first on the list of nominees
automatically shall become a member of the Commission.
(c) A vacancy shall be filled by appointment in accordance with the
procedure for the original appointment and from the same source. Within
thirty days after a vacancy occurs or, in the case of the classified
employee serving on the Commission, within ninety days after a vacancy
occurs, the university president or chancellor concerned or the
classified city employees shall submit three required nominations.
Within thirty days thereafter, the City Council shall make the
appointment. If the City Council fails to appoint within the thirty
days, the nominee whose name is first on the list of nominees
automatically shall become a member of the Commission. If one of the
nominating authorities fails to submit nominees in the time required or
if one of the named institutions ceases to exist, the City Council
shall make the appointment.
(d) A member of the Civil Service Commission may be removed by the
City Council, for cause, after being served with written specifications
of the charges against said member and being afforded an opportunity
for a public hearing thereon by the City Council.
(2) Functions. The Commission shall:
(a) Appoint the Director, after competitive examination, who shall be in the classified service.
(b) Adopt classification plans, pay plans, and rules and regulations, and any amendments thereto after public hearing.
(c) Hear and dispose of appeals as provided in this Article.
(d) Advise the Mayor, the Chief Administrative Officer, the Director
and any other officer of the City concerning personnel matters.
(e) Have the right to remove the Director for cause, after charges
have been preferred against the Director and the Director has been
provided a reasonable opportunity to be heard with respect to them and
to produce evidence with respect thereto.
(f) Investigate and publicly hear any written charges brought by any
person if filed within sixty days after the alleged violation of any
provision of this Article or rules and regulations adopted thereunder.
(g) Order the withholding of compensation from any person found to
be employed contrary to the provisions of this Article or rules and
regulations adopted thereunder. Such order shall be directed to the
appointing authority employing such person and said officer shall
withhold payment of compensation to such person until authorized by the
Commission, under the penalty of personal liability for any sum paid
contrary to the order of the Commission, and under such other penalties
as may be provided.
(h) Approve or disapprove, after receiving the recommendations of
the Director, any agreements entered into between the City and any
political subdivision or public body of the State to furnish the
services and facilities of the Department to it in the administration
of its personnel. Any such agreement shall provide for reimbursement to
the City of the reasonable cost of the services and facilities
furnished.
(i) Be vested with broad and general rule-making and subpoena powers
for the administration and regulation of the classified service,
including the power to adopt rules for regulating employment,
promotion, demotion, suspension, reduction in pay, removal,
certification, qualifications, political activities, employment
conditions, layoffs, compensation and disbursements to employees, and
other personnel matters and transactions; to adopt a uniform pay and
classification plan; to require an appointing authority to institute an
employee training and safety program; and generally to accomplish the
objectives and purposes of the merit system of civil service as herein
established. It may make recommendations with respect to employee
training and safety. No rule, regulation, or practice of the Commission
or Department or any official of the city shall favor or discriminate
against any applicant or employee because of membership or
non-membership in any private organization; but this shall not prohibit
the City
Section 8-104. Director's Functions.
The Director shall:
(1) Head the Department and, with the approval of the Commission, appoint such employees and other persons as may be necessary.
(2) Conduct competitive entrance and promotional examinations for
appointments in the classified service limited to persons of good moral
character.
(3) Give wide publicity to all announcements of competitive examinations.
(4) Prepare and recommend to the Commission appropriate rules and regulations.
(5) Prepare, and upon adoption by the Commission, install and
maintain classification plans based on the authority, duties and
responsibilities of positions in the classified service.
(6) Prepare and recommend pay plans for employees in the classified service.
(7) Establish and maintain a service record of all appointed officers and employees of the City.
(8) With the approval of the Commission, require an appointing authority to institute an employee training and safety program.
(9) Investigate the operation and effect of the personnel provisions
of this Charter and rules and regulations promulgated thereunder, and
report publicly his findings and recommendations to the Commission and
to the Mayor.
(10) Examine the payrolls of every office, department or board from
time to time, but not less than semi-annually, to ascertain if the
persons who names appear thereon have been appointed and are being
compensated in accordance with the provisions of this Charter.
(11) Perform such other functions as the Director or the Commission
may deem proper to enforce the provisions of this Article.
(12) Cooperate, when authorized by the Commission, with governmental
agencies of other jurisdictions charged with personnel administration
in conducting joint tests and establishing lists from which eligibles
shall be certified for appointment and promotion in accordance with the
provisions of this Article.
Section 8-105. The Classified and Unclassified Service.
The Civil Service of the City shall be divided into the unclassified
and classified service. Persons not included in the unclassified
service are in the classified service.
(1) The following shall be in the unclassified service:
(a) Officers elected by the people, and persons appointed to fill vacancies in elective offices.
(b) The Chief Administrative Officer, and all department heads except the Director of Personnel.
(c) One principal assistant or deputy and one person holding a
confidential position for the Chief Administrative Officer, for each
department head except the Department of Civil Service, for the
Council, and for each elected officer, board, authority, and commission
established or recognized by this Charter.
(d) Employees in the office of the Mayor and City Attorney.
(e) Members of boards and advisory committees.
(f) Bona fide students of schools employed by municipal agencies.
(g) Railroad employees whose working conditions and retirement
benefits are regulated by federal agencies in accordance with federal
law.
(2) Additional positions may be added to the unclassified service and may be revoked by rules adopted by the Commission.
(3) The provisions and requirements of this Article as to methods of
filling vacancies, establishment of promotional lists and employment
lists, eligibility and original entrance competitive tests may be
waived by the Commission in its discretion in whole or in part in case
of original appointment for unskilled labor. Such laborers may be
selected and appointed by the appointing authority under the rules and
regulations of the Commission. Any such employee shall acquire
permanent status in the classified service if such employee passes a
satisfactory work test prescribed by the Director.
Section 8-106. Appointments and Promotions in Classified Service.
Permanent appointments and promotions in the classified service shall
be made only after certification by the Department under a general
system based upon merit, efficiency, fitness and length of service as
ascertained by examinations which, so far as practicable, shall be
competitive, and all positions in the classified service shall be
filled from those eligible under such certification.
Section 8-107. Adoption and Content of Rules and Regulations.
(1) Adoption. The Civil Service rules and regulations in effect on the
day prior to the effective date of this Article shall remain in effect
and be continued until amended or repealed by the Commission. The
Commission shall have power to amend or repeal the rules and
regulations on the recommendation of the Director or on its own
initiative, subject to the requirement of a prior public hearing with
respect to each such proposed modification.
(2) Content. The rules and regulations shall:
(a) Regulate employment, promotion, removal, qualifications and other personnel matters.
(b) Provide for the filling of vacancies in the classified service
by demotion, transfer, reinstatement, reemployment, promotion, original
appointment or temporary appointment.
(c) Provide for the establishment, maintenance, consolidation and
cancellation of eligible lists and the removal of names therefrom.
(d) Regulate employment conditions.
(e) Establish requirements of desirable training, experience and other qualifications of applicants.
(f) Establish work test periods of not less than six nor more than
twelve months before appointees acquire permanent status as classified
employees.
(g) Contain uniform provisions covering the method and manner of
conduction examinations; leaves of absence; layoffs; reinstatements;
transfers; abolition of positions; promotions on a competitive basis,
except where the Commission finds it impracticable; sick and annual
leaves; hours of work; on the job training programs; and a uniform
service rating system, including the manner in which ratings are to be
used in promotions, salary increases, suspensions and separations.
(h) Fix the procedure and the time within which appeals must be taken and heard.
(i) Provide, in the discretion of the Commission, for compliance
with standards established by any federal agency as a condition
precedent to the receipt of federal funds.
(j) Establish the method of certification of eligibles for
appointment or promotion; provided that appointing authorities shall be
entitled to the certification of not less than three eligibles for each
vacancy, except that if more than one vacancy is to be filled, an
additional eligible shall be certified for each additional vacancy; and
except that special and different rules and regulations may be
established for reemployment lists and reinstatements; and establish
emergency, provisional or conditional appointments, or appointments for
a limited period where status in the classified service is not obtained
and certification is not required.
(k) Provide the extent to which preference shall be given in
appointments and promotions to persons domiciled in the City or
residents of the City; to persons honorably discharged or discharged
under honorable conditions from the armed forces; to the unremarried
widows of such persons; and to disabled veterans or their wives when
the veterans are unable to work. Such preferences shall be given only
to persons who have met the minimum requirements imposed for each test
and have received at least the average rating required for eligibility.
(l) Define and prohibit political activities in addition to those specifically prohibited by this Article.
Section 8-108. Classification.
(1) The Director shall, with the approval of the Commission, allocate
each position in the classified service to the appropriate class
therein on the basis of authority, duties and responsibilities.
Thereafter, as new positions are created or additional classes
established, or existing classes are divided, combined, altered or
abolished, the Director shall make proper allocations or reallocations
of positions to new or existing classes.
(2) Class titles shall be used to designate positions in all
official records, documents, vouchers and communications, and no person
shall be appointed to or employed in a position in the classified
service under any title which has not been approved by the Director.
(3) Any employee affected by the allocation or reallocation of a
position, or by any changes in the classification plan, shall be
afforded a reasonable opportunity to be heard by the Director and by
appeal to the Commission.
Section 8-109. Promotions.
Vacancies in positions in the classified service of the City shall, as
far as practicable, be filled by promotion after competitive tests from
lower classes. A change from a position from one class to another with
a higher maximum rate of pay shall be considered a promotion.
Section 8-110. Pay Plan.
Employees in the classified service may be compensated only in
accordance with a pay plan recommended by the Commission and adopted by
the Council. Such plan shall include minimum rates steps for each
class. Amendments to a pay plan may be adopted by the Council when
recommended by the Commission. Any rule or determination of the
Commission affecting wages or hours shall have the effect of law and
become effective only after approval by the Council.
Section 8-111. Appeals.
(1) Any person aggrieved by action contrary to the provisions of this
Article may appeal to the Commission for redress pursuant to its rules
and regulations.
(2) In the conduct of investigations or hearings, any member of the
Commission or the Director shall have the power to administer oaths,
subpoena witnesses and compel the production of pertinent books and
papers.
(3) If the Commission, after a hearing, orders a dismissed or
suspended employee reinstated, it may reinstate such employee under
such conditions as it deems proper, and may order full pay for lost
time.
Section 8-112. Prohibitions.
(1) Prohibited Political Activities.
(a) Promotion, demotion or action on account of political or
religious affiliation prohibited. No person shall be appointed or
promoted to, or dismissed from any position in the classified service,
or in any way favored or discriminated against with respect to
employment because of political or religious opinions or affiliations.
(b) Party Membership; Election. No member of the commission and no
officer or employee in the classified service shall participate or
engage in political activity; be a candidate for nomination or election
to public office except to seek nomination as the classified City
employee serving on the City Civil Service Commission; be a member of
any national, state, or local committee of a political party or
faction; make or solicit contributions for any political party,
faction, or candidate; or take active part in the management of the
affairs of a political party, faction, candidate, or any political
campaign, except to exercise the right as a citizen to express an
opinion privately, to serve as a commissioner or official watcher at
the polls, and to vote as desired.
(c) Contributions. No person shall solicit contributions for
political purposes from any classified employee or official or use or
attempt to use a position in the city service to punish or coerce the
political action of a classified employee.
(d) Political Activity Defined. As used in this Article, "political
activity" means an effort to support or oppose the election of a
candidate for political office or to support a particular political
party in an election. The support of issues involving bonded
indebtedness, tax referenda, or constitutional or City Charter
amendments shall not be prohibited.
(2) Other Prohibited Activities.
(a) False Statements and Fraud Prohibited. No person shall make any
false statement, certificate, mark, rating or report with regard to any
test, certification or appointment made under any provision of this
Article nor commit or attempt to commit any fraud preventing the
impartial execution of this Article and of the rules and regulations
adopted hereunder.
(b) Consideration for Advantage Prohibited. No persons shall,
directly or indirectly, give, render, pay, offer, solicit or accept any
money, service or other thing of value to obtain any appointment,
proposed appointment, promotion or proposed promotion to, or any
advantage in, a position in the classified service.
(c) Elected officers prohibited from classified position. No person
holding any elective public office shall hold a position in the
classified service.
(d) Demotion or dismissal of employees. No classified employee of
permanent status shall, except for cause, be disciplined, demoted or
dismissed.
Section 8-113. Penalties.
(1) Any person who shall wilfully fail to appear in response to a
subpoena or fail to answer any questions or fail to produce any books
or papers pertinent to any investigation or hearing by the Commission
shall be guilty of a misdemeanor.
(2) If any member of the Commission or any employee in the City
service shall wilfully refuse or fail to appear before the Commission
or any officer authorized to conduct any hearing or inquiry, or having
appeared shall refuse to testify or answer any question relating to the
affairs or government of the City or the conduct of any officer or
employee of the City on the ground that the testimony or answers would
tend to incriminate the party called to appear or testify, or shall
refuse to waive immunity from prosecution on account of any matter
about which the party may be asked to testify at any such hearing or
inquiry, the party shall forfeit office or position and shall not be
eligible thereafter for appointment to any position in the City service.
(3) If at a public hearing following written charges of the
violation of any provision of this Article or any rules or regulations
adopted thereunder, the Commission should determine that any employee
has wilfully violated any provision of this Article, or of rules or
regulations adopted thereunder, the Commission may direct the
appointing authority to dismiss such employee and such employee shall
be dismissed.
(4) Any person who wilfully violates any provision of this Article
or of the rules or regulations issued thereunder shall be guilty of a
misdemeanor, and shall upon conviction be punished by a fine of not
less than one hundred dollars, nor more than one thousand dollars, or
by imprisonment for a term of not less than one month nor for more than
six months, or by both such fines and imprisonment.
(5) In addition to the penalties hereinabove provided, the
Commission may render an order that any person who has violated any
provision of this Article shall not be eligible for employment in the
City service for a period not exceeding ten years.
Section 8-114. Appropriations.
The City shall make adequate annual appropriations to enable the civil
service commission and department to implement this Article efficiently
and effectively.
ARTICLE IX. GENERAL PROVISIONS
CHAPTER 1. BOARDS AND COMMISSIONS IN GENERAL
Section 9-101. Definition of Board.
The term "board" as used in this Charter shall be construed as applying
to boards, commissions, authorities and other public bodies except the
Council.
Section 9-102. Organization.
(1) Except as otherwise provided by applicable state or municipal law,
the terms of all appointments made to boards shall expire on June 30th
of the year of such expiration.
(2) Annually at the first meeting on or after July 1st each year,
each board shall elect from its members a chair, a vice-chair, a
secretary, and such other officers as it shall deem necessary and
proper, all of whom shall serve until June 30th of the following year
or until their successors have been elected and qualified, except as
otherwise provided by applicable state or municipal law.
(3) Officers of boards may be removed from their offices by an
affirmative vote of a majority of the members of the board at any
regular meeting, or at a special meeting if the call for such meeting
shall have stated the removal as one of the purposes thereof.
(4) Members of boards shall serve without compensation but may
receive reimbursement for expenses incurred in the conduct of the
official business of the board.
(5) Each board shall set forth in its rules the time, date, and place of its regular meetings.
(6) The secretary of each board shall keep minutes of its
transactions which shall at all times be available for public
inspection.
Section 9-103. Power of Delegation.
Boards may delegate powers of appointment, determination of
compensation, discipline or removal to their executive officers
provided that all personnel actions so delegated shall be reported
promptly to the board and such actions shall become null unless
approved by the board within sixty days of the date of the action.
Section 9-104. Appointment and Removal of Board Members.
(1) If the appointment of a board member requires approval of the
Council, such approval shall be granted only by the affirmative vote of
a majority of all members of the Council.
(2) A member of a board may be removed by the appointing authority,
provided that such removal shall be only for reasonable cause set forth
in writing. Any member so removed shall have reasonable opportunity to
be heard publicly before the Council, and in such event the removal
shall be effective only if approved by a majority of the Council.
(3) A board member for whose office there exist residence or
domicile requirements shall forfeit the office immediately upon the
removal of residence or domicile in a manner that would render the
board member no longer qualified for appointment to the office held.
Section 9-105. Vacancies.
A vacancy on a board shall be filled in the same manner as the member
was originally appointed, provided that appointment to fill a vacancy
shall be only for the unexpired term.
Section 9-106. Prohibited Activities of Board Members.
(1) No member or officer of a board shall borrow money or receive
anything of value from any contractor doing business with the board
under the penalty of dismissal from the board. No member, officer, or
employee of any board shall have any interest in any contract let by
the board. Any member of any board who is a director or stockholder in
any corporation or who is an agent or attorney for any person who is
financially interested in any subject before the board shall reveal
such interest to the board and shall not discuss or vote on the subject
at any meeting of the board or any of its committees.
(2) Any member of a board who shall qualify as a candidate for any
public elective office or who shall accept an appointive office or
position of public employment for which compensation is paid by the
City of New Orleans shall forfeit membership on the board. The
provisions of this paragraph shall not apply to ex officio board
members nor to any board member who serves in such capacity by virtue
of an elective office in city government.
Section 9-107. Quorum.
A majority of the existing
membership of a board shall constitute a quorum. All actions taken by
boards shall require the affirmative vote of the majority of the
existing members thereof, provided that regulations may be adopted only
upon the affirmative vote of two-thirds of the existing members
thereof. The Mayor or, in the Mayor's absence, the Chief Administrative
Officer shall not be counted as a part of the existing membership of a
board under this section, but if present, may be counted to establish a
quorum or required vote.
CHAPTER 2. AMENDMENTS TO THE CHARTER
Section 9-201. Method of Amendment.
(1) Except as provided in subparagraph 2 of this section, this Charter
may be amended or replaced only by the affirmative vote of a majority
of the qualified electors of the City voting upon such amendments or
proposed Charters. Proposals to amend or replace this Charter by the
affirmative vote of a majority of the qualified electors of the City
voting thereon may originate only in the following manner:
(a) By ordinance of the Council.
(b) By petition of not less than ten percent or ten thousand,
whichever is fewer, of the duly qualified registered voters of the City
filed with the Council, setting forth the proposed amendments or
substitute home rule Charter.
This method of amendment shall apply to the entirety or any portion of this Charter.
(2) Except for the sections pertaining to the Mayor, the
Administrative Office, and the Departments of Law, Police, Fire,
Finance, and City Civil Service, amendments to Article IV of this
Charter to rename or reassign powers or functions of departments or
boards or to consolidate, subdivide, reorganize, or abolish departments
or boards may be initiated by an executive order of the Mayor, which
shall be published once in the official journal and submitted to the
Council on or before the date of such publication for public review and
comment. The Council shall hold a public hearing on the proposed
amendment. The Council shall not alter the terms of the proposed
amendment, but may vote to approve or disapprove the measure. If
approved by a majority vote of the entire membership of the Council,
the amendment shall become legally effective upon certification by the
Clerk of the Council or at a later date if so specified in the
executive order. If disapproved by a majority vote of the entire
membership of the C
Section 9-202. Calling of an Election.
(1) Any
ordinance of the Council providing for amendment of the Charter or a
substitute charter shall provide that the ordinance be submitted to the
electors of the City at the next primary or general election for
members of Congress, Mayor of New Orleans, or Governor of Louisiana to
be held in the City, provided that the date of such election is not
less than ninety days after the effective date of such ordinance, or if
the public interest so requires, at a special election called for that
purpose, the date of which shall be fixed at not less than ninety days
after the effective date of such ordinance.
(2) Within sixty days of the receipt of a petition proposing an
amendment to the Charter or a substitute charter, the Council shall
provide by ordinance that the proposed amendment or substitute charter
shall be published at length in the official journal not less than
sixty days prior to the election, and shall be submitted to the
electors of the City at the first available election for members of
Congress, Mayor of New Orleans, or Governor of Louisiana, if the date
of such election is not less than ninety days after the effective date
of such ordinance, or when the petition so demands, at a special
election called for the purpose, the date of which shall be held on the
first available election date not less than ninety days after the
effective date of such ordinance.
Section 9-203. Results of Election.
(1) Any amendment to the Charter or substitute charter approved by a
majority of the electors of the City voting on same shall become
effective at the time and under the conditions fixed in such amendment
or substitute charter, but not until duly authenticated copies thereof
have been filed by the City Attorney within thirty days after said
election in the offices of the Secretary of State and Recorder of
Mortgages for the Parish of Orleans, provided that no substitute
charter or amendment abolishing any elective office, reducing the
remuneration, or shortening the term thereof, shall become effective
until after the expiration of the current term of the incumbent
officials elected to such office.
(2) The City Attorney shall file authenticated copies of approved
Charter amendments as required herein within thirty days after the
election at which the amendments were approved or within the time
period required by applicable state or municipal law if such time
period is less than thirty days. The City Attorney shall also cause to
be published in the official journal the full text of any amendment
approved pursuant to the provisions of this Charter.
CHAPTER 3. MISCELLANEOUS PROVISIONS
Section 9-301. Title to Property.
(1) All public property held by the City of New Orleans or by any
officer, department or board of the City of New Orleans at the
effective date of this charter or by any association or corporation
performing municipal functions or receiving an appropriation from the
general fund at the effective date of this charter shall be the
property of the City.
(2) Title to all property acquired under this Charter by any officer, department or board shall be vested in the City.
Section 9-302. Leases and Concessions.
No lease or concession shall be granted to any corporation in which one
or more City officers, employees, or board members hold or control the
majority financial interest.
Section 9-303. Facsimile Signatures.
Whenever any person is required to sign negotiable instruments or multiple bonds, the signature may be a facsimile.
Section 9-304. Annual Reports.
(1) Not later than sixty days after the close of the fiscal year, each
office, department or board shall make an annual written report of its
activities to the Chief Administrative Officer in such form and under
such rules as may be prescribed by the Chief Administrative Officer.
(2) Not later than one hundred twenty days after the close of the
fiscal year, the Chief Administrative Officer shall make an annual
written report to the Mayor concerning the activities of all offices,
departments and boards, and the Mayor shall then transmit a copy
thereof to the Council.
(3) A copy of all annual reports required under this Section shall be filed in the archives of the City.
Section 9-305. Reconstitution of Government in Event of Disaster.
In case of public disaster resulting in the death or disability of the
Mayor or the majority of the Council, the remaining members of the
Council shall successively appoint a sufficient number of additional
members to fill the vacancies therein which have been created. Such
appointees shall to the extent practicable possess the qualifications
required for original membership on the Council. The Council so
constituted shall proceed to elect one of its members as Mayor if that
office is vacant. The Council shall then fill the vacancy created by
such election.
Section 9-306. Penalties for Violations.
(1) The Council shall by ordinance provide for penalties for willful
violation of any provisions of this Charter and may provide for
penalties for violations of ordinances, rules and regulations. The
Council shall have authority to provide for imposition of the maximum
fines and terms of imprisonment allowed by law for such violations. The
Council may provide that in the event of violation of safety ordinances
or regulations, each day's offense shall constitute a separate offense,
and may provide for penalties to be imposed separately for each day of
such offense.
(2) The Council may by ordinance and in accordance with applicable
state or municipal law provide for procedures, rules, or orders to
facilitate enforcement of the provisions of this Charter, ordinances,
rules or regulations or to complement the penalties established for
violations of this Charter, ordinances, rules or regulations of the
City of New Orleans.
Section 9-307. General and Specific Provisions.
To the extent that any specific provision contained in this Charter
conflicts with any general provision, the specific provision shall
prevail.
Section 9-308. Officials to Serve Until Successors are Elected.
Each elected official and each appointed official of the City shall
serve until a successor has been elected or appointed and qualified.
Section 9-309. Prohibited Activities of Officers and Employees.
No officer or employee of the City shall have a financial interest in
any contract with the City. For the purposes of this section,
"contract" shall mean a remunerative contract to provide goods or
services to the City or for public work and shall not include a
contract with the City which a city officer or employee is required to
execute in order to receive state or federally funded grants, loans, or
other public assistance, nor shall it include an incentive, benefit, or
compensation approved by the Civil Service Commission.
Section 9-310. Limitation on Number of Casinos.
If authorized by law, permits may be issued by the City of New Orleans
for the establishment of gambling casinos; provided that, unless it is
otherwise provided by applicable and preemptive State law, no more than
one land based gambling casino shall be permitted in the City of New
Orleans. The casino shall be permitted only on land owned by the City
of New Orleans in the area generally bounded by Poydras Street,
Tchoupitoulas Street, Canal Street, and Convention Center Boulevard,
known as the Rivergate site.
Section 9-311. Retention of Rights.
All remedies, processes, privileges, preferences and immunities enjoyed
by the City of New Orleans prior to the effective date of this Charter
under the Constitution and statutes of this State for the protection,
enforcement and collection of taxes, special assessments, and other
rights shall continue to be available to the City.
Section 9-312. Severability Clause.
If any part of this Charter is for any reason declared unconstitutional
or invalid, the other separable parts hereof shall not be affected
thereby.
Section 9-313. Rejection of Bids.
In all sales or purchases of property the City may reserve the right to reject all bids.
Section 9-314. Cooperative Endeavors.
(1) The City of New Orleans may enter into cooperative endeavors with
the state or its political subdivisions or political corporations, with
the United States or its agencies, or with any public or private
association, corporation, or individual with regard to the procurement
and development of immovable property, joint planning and
implementation of public works, joint use of facilities, joint research
and program implementation activities, joint funding initiatives, and
other similar activities in support of public education, community
development, housing rehabilitation, economic growth, and other public
purposes.
(2) In order to further these objectives, each department and board
of City government shall prepare within sixty days following the first
day of each calendar year a report to the Mayor regarding opportunities
for coordination between the department or board and other entities as
previously enumerated in this section. Within thirty days following the
receipt of such reports, the Mayor shall direct such departments or
boards as the Mayor deems appropriate to initiate discussions with
certain specified entities relative to cooperative endeavor agreements.
Each department or board so directed shall within sixty days thereafter
report to the Mayor on the status of discussions regarding cooperative
endeavor agreements. Copies of the Mayor's directives to initiate
discussions and copies of the status reports from the departments or
boards shall be provided to all members of the City Council and to the
City Council Chief of Staff.
(3) The Mayor and an authorized official of the other entity or
entities shall sign each cooperative endeavor agreement thus
negotiated. Any proposed cooperative endeavor agreement having a term
greater than one year shall, prior to its execution by the Mayor, be
published once in the official journal and submitted to the Council for
approval, but not modification, by a majority of its entire membership.
CHAPTER 4. OFFICE OF INSPECTOR GENERAL; ETHICS
Section 9-401. Office of Inspector General.
The Council may by ordinance create an office of Inspector General and otherwise provide with respect thereto.
Section 9-402. Ethics.
(1) Prior to July 1, 1996, the Council shall by ordinance establish an
Ethics Review Board and shall authorize it to enforce the provisions of
the Code of Ethics. Six members of the Board, all of whom are domiciled
in and electors of the City, shall be appointed by the Mayor from lists
of three nominees each submitted by the presidents or chancellors of
the public and private universities located within the City of New
Orleans, and one additional member shall be appointed by the Mayor, all
appointments subject to approval by a majority of the members of the
City Council. No member of the Ethics Review Board may hold any
elective or appointed position with the City nor any other government
or political party office. A vacancy on the Board shall be filled in
the same manner as the original appointment. A member of the Board may
be removed by the Mayor only for cause in accordance with the
procedures established in Section 9-104 of the Charter and by the
Council in accordance with the procedures and for the rea
(2) Prior to December 31, 1996, the City Council, upon
recommendation from the Ethics Review Board, shall by ordinance
establish ethical rules governing the conduct of City employees,
elected officials, contractors, and other persons who are the
recipients of public funds, who are engaged in the performance of a
governmental function, or who are in a position to influence the
conduct of City employees or officials. The Code of Ethics shall
incorporate by reference and adopt the provisions of the Louisiana Code
of Governmental Ethics and shall provide for such other, more stringent
provisions as the Council may deem appropriate. The Code of Ethics
shall prohibit the Ethics Review Board from hearing any alleged
violation that constitutes a violation of the State Code of
Governmental Ethics if the Ethics Review Board ascertains that the
entity designated by the State to enforce said State Code has
considered or is considering the alleged violation.
(3) Once adopted, the ordinances referenced in this section may be
amended only by an ordinance receiving a two-thirds favorable vote of
the entire membership of the Council.
ARTICLE X. SCHEDULE
Section 10-101. Purpose of Article.
The purpose of this Article is to carry this Charter into complete
operation and to insure that no inconvenience may arise from the
adoption thereof.
Section 10-102. Agencies Abolished.
(1) All officers, departments, boards, commissions and committees,
including all bureaus, divisions, sections, units or other
organizational units heretofore performing functions in The City of New
Orleans are hereby abolished, except those required to be continued by
provisions of the Constitution, general laws, contracts and donations,
and all such shall continue to exist only for such time as may be
required by any such provision.
(2) The New Orleans Railroad Terminal Board shall have the duties
and powers assigned to it by ordinances and contracts of the City, and
shall be continued until its obligations have been completely
discharged. The Board shall have the right to employ its own counsel.
(3) Whenever, under the provisions of this Charter, a department,
board, or agency is eliminated by merger or otherwise, references
herein to said department, board, or agency shall be construed to refer
to the department, board, or agency that assumes the respective duties
or functions previously performed by the department, board, or agency
which has been eliminated.
Section 10-103. Ordinances, Resolutions and Motions.
All ordinances, resolutions and motions of the City of New Orleans and
all orders, rules and regulations made by any officer, department,
board or other unit thereof not inconsistent with this Charter shall
remain in full force and effect until altered or repealed by the proper
authority or until they expire by their own limitation.
Section 10-104. Inconsistent Provisions of Ordinances and Laws.
The provisions of all ordinances and other laws which are inconsistent
with this Charter shall be superseded by the provisions of this Charter
at its effective date, except that ordinances that are inconsistent
with those provisions of this Charter that require action by the
Council to make them effective shall remain in full force until such
action is had.
Section 10-105. Lawful Obligations of the City.
All lawful obligations of The City of New Orleans existing on the
effective date of this Charter and all fines, taxes, penalties,
forfeitures, obligations and rights, due, owing or accruing to the City
of New Orleans, and all writs, prosecutions, actions and proceedings by
or against The City of New Orleans shall continue and remain unaffected
by the adoption of this Charter. All prosecutions instituted prior to
the effective date of this Charter and all offenses committed prior
thereto may be prosecuted as theretofore.
Section 10-106. Pending Proceedings.
All petitions, hearings and other proceedings pending before any
officer, department, board or other unit abolished by this Charter and
all investigations begun by such officer, department, board or other
unit and not completed at the effective date of this Charter may be
completed by such officer, department, board or other unit as may be
designated by the Mayor.
Section 10-107. Effect of Ordinances.
(1) All ordinances of the City of New Orleans in force at the effective
date of this Charter affecting, concerning or relating to any official,
board, or public body of The City of New Orleans, the title, power,
functions or duties of which are changed by this Charter shall, when
not inconsistent with any of the provisions hereof, be construed as
referring and applying to the official, board, or public body in which
like powers are vested by this Charter.
(2) All rights, powers, functions and duties vested in any officer
of The City of New Orleans or any person or body acting for it shall be
vested in and exercised by the officer, person or body to whom or to
which similar rights, powers, functions and duties are assigned by this
Charter.
(3) References in any law or ordinance to officers of the City as
heretofore constituted shall be construed to apply to such officer or
person in the City government as organized under this Charter
corresponding nearest to the officer referred to in such law or
ordinance; and, in the event no such person or officer is provided for
under this Charter, then the Council shall select an officer or person
in the City government to serve in lieu of such other officer with like
powers and effects.
Section 10-108. Previous Charters and Laws Superseded.
This Charter shall supersede all previous charters and all amendments thereto, except as herein otherwise provided.
Section 10-109. Gender of Words.
Whenever in this Charter a word is used with reference to a natural
person, denoting the person's gender, it shall apply to both sexes,
unless otherwise expressly provided.
Section 10-110. Sectional Headings.
No title or subtitle, heading or subheading or marginal note, printed
in or with this Charter, shall be considered or construed to be part of
this Charter; they have been inserted only for convenience in reference.
Section 10-111. Records and Equipment.
All books, papers, maps, charts, plans, and other equipment
appertaining to any office, department, board or other unit of The City
of New Orleans abolished by this Charter shall be delivered to the head
of the office, department, board or other unit of the City to which
they rightfully appertain.
Section 10-112. Assignment of Employees.
All employees of The City of New Orleans shall, at the effective date
of this Charter, be temporarily assigned by the Mayor or by the Chief
Administrative Officer to the proper office, department or board until
permanently reassigned or dismissed.
Section 10-113. Status of Present Employees.
(1) Permanent employees in the classified service at the effective date
of this Charter shall be continued in their respective classifications
without further examination, until lawfully separated therefrom.
(2) Employees of the City in the unclassified service whose
positions may become classified shall be continued in their positions
pending compliance with the City Civil Service law, rules and
regulations.
Section 10-114. Retirement Rights.
No pension or retirement rights shall be affected by the adoption of
this Charter, and services of employees shall be deemed continuous.
Section 10-115. Implementation of this Charter.
(1)
The Council shall as promptly as possible pass any ordinances which may
be necessary to carry into effect the provisions of this Charter.
(2) To facilitate the transition to a cash basis of estimating and
budgeting, the Council may estimate and budget $1,500,000 in accrued
receipts for 1955, $1,000,000 in accrued receipts for 1956, and
$500,000 in accrued receipts for 1957. Any estimated accrued receipts
included in the budget of revenues of each of these years shall be
deducted from the estimate of cash receipts for the next succeeding
year. The provisions of this Charter requiring receipts of the General
Fund of the City of New Orleans shall be estimated only upon the basis
of the cash to be received therefrom within the fiscal year that shall
become fully effective on January 1, 1958.
Section 10-116. Effective Dates.
(1) The reorganization of the form of government effected by this
Charter shall occur on May 1, 1954, and the first officials elected
pursuant to this Charter shall take office on that date.
(2) The provisions of this Charter relating to the qualification of
candidates for official positions and for the conducting of elections
shall become effective on July 1, 1953.
Section 10-117. Wards.
The wards of The City of New Orleans shall remain as wards of the City until lawfully changed.
Section 10-118. Municipal Districts.
The municipal districts of the City of New Orleans shall remain as municipal districts of the City until lawfully changed.
Section 10-119. Status of Employees at Effective Date of Article VIII.
(1) Permanent employees in the classified service at the effective date
of Article VIII of this Charter, shall be continued in their respective
classifications without further examinations, until lawfully separated
therefrom.
(2) Employees of the City and employees of any other governmental
agency who become classified employees of the City at or after the
effective date of Article VIII of this Charter and who were not
appointed after civil service test and certification, shall be
continued in their respective positions provided that within one year
after having become classified employees they shall pass a qualifying
test prescribed by the Department of Civil Service. Those who fail to
so qualify shall be dismissed from their positions within thirty days
after the establishment of an eligibility list for their respective
positions. Nothing herein shall preclude the reclassification or
reallocation as provided by the civil service rules and regulations of
any position held by any such employee.
Section 10-120. Application of Laws.
As used in this Charter, the terms "by law" and "municipal law" are defined as follows:
(1) "by law" means by applicable federal, state, or municipal law; and,
(2) "municipal law" means this Charter or ordinances adopted pursuant to this Charter.
Section 10-121. Transitional Provisions.
Amendments to this Charter approved at an election held on November 18, 1995 shall become effective on January 1, 1996.