PREAMBLE
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.
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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
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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.
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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.
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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 b