Could Sulphur's five-member city council pass an ordinance by a 2–1 vote with only three members present?

Short answer No. The 2000 opinion said the charter required an affirmative vote from a majority of all five authorized council seats, so three yes votes were needed even when three members formed a quorum.
State
Louisiana
Opinion
La. Atty. Gen. Op. 00-0387
Issued
December 19, 2000
Issued by
Richard P. Ieyoub, Attorney General of Louisiana
Requested by
David A. Ritchie, Sulphur City Council

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This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion, issued in 2000. AG opinions are advisory and reflect the law at the time; they are not binding court precedent. This page is historical context, not current legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
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Plain-English summary

Sulphur had a five-member city council, and only three members were present for a proposed ordinance. The council asked whether a 2–1 vote would pass it. In 2000, the attorney general's office said no. The city's home rule charter required a favorable vote from at least a majority of the council's authorized membership, not merely a majority of members attending.

Three members made a quorum for business, but passage still required three yes votes. When exactly three council members attended, all three had to vote in favor for the ordinance to pass.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Council members at the time

The opinion distinguished attendance from approval. Three of five members could transact business, but an ordinance still needed three affirmative votes.

Municipal clerks at the time

Under the charter language the office quoted, a 2–1 vote with three present did not enact an ordinance. The voting threshold was calculated from all five authorized seats.

City attorneys and residents at the time

The opinion rested on Sulphur's own charter provisions governing quorum and favorable votes. It did not announce that every Louisiana council used the same threshold.

Common questions

Q: Was three members enough for a quorum on Sulphur's council?
A: Yes. The opinion said three of the five authorized members formed a quorum.

Q: Could two of those three members pass an ordinance?
A: No. The charter required a majority of the full authorized membership, which meant three affirmative votes.

Q: Did a vacant or absent seat lower the required yes votes?
A: The opinion calculated the threshold from the five authorized seats in the question. It did not decide a separate vacancy scenario.

Background and statutory framework

The office quoted Sulphur Home Rule Charter Sections 2-07 G, 2-07 H, and 2-11 D. The first set the quorum, while the latter two based votes and ordinance passage on authorized council membership. The office also cited R.S. 1:3 for reading words in context and their ordinary sense.

Citations and references

  • Sulphur Home Rule Charter, Sections 2-07 G, 2-07 H, and 2-11 D (quorum and voting)
  • R.S. 1:3 (rule of construction)

Source

Original opinion text

December 19, 2000
OPINION 00-387

71-1 Municipalities
Mr. David A. Ritchie
A majority of the entire authorized membership of the City Council
Sulphur City Council
of Sulphur must vote affirmatively to enact a valid ordinance.
P. O. Box 1309
Sulphur, LA 70664

Dear Mr. Ritchie:

You advise this office that the Sulphur City Council is comprised of a five-member board. A question has arisen, specifically, whether an ordinance can be passed by a vote of two to one when there are only three council members present out of the five who are authorized by the charter to serve on the council.

The home rule charter for the City of Sulphur contains the following provisions:

Section 2-07 G.
“. . . not less than a majority of the membership of the council shall constitute a quorum to transact business . . . “

Section 2-07 H.
“All votes of the council shall be based on the authorized membership of the council.”

Section 2-11 D.
“All ordinances and resolutions shall be passed by the favorable vote of at least a majority of the authorized membership of the council except as otherwise provided in this chapter.”

Rules of construction dictate that “words and phrases shall be read with their context and shall be construed according to the common and approved usage of language.” See R.S. 1:3. The Charter reflects that the majority of the authorized membership must vote to approve the passage of an ordinance. There is no provision for a majority of the quorum to approve an ordinance.

Thus, a majority of the membership must be present to transact business, here, meaning three of the five members, and all three members must vote in favor of the passage of an ordinance in order to validly enact the ordinance, in order to comply with


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Mr. David A. Ritchie
OPINION 00-387
Page 2

the Charter requirement that “a majority of the authorized membership of the council”, vote affirmatively to enact an ordinance.

We hope the foregoing is helpful to you. Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams


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Mr. David A. Ritchie
OPINION 00-387
Page 3

#00-387

71-1 Municipalities

A majority of the entire authorized membership of the City Council of Sulphur must vote affirmatively to enact a valid ordinance.

Mr. David A. Ritchie
Sulphur City Council
P. O. Box 1309
Sulphur, LA 70664

Date Received:
Date Released: December 19, 2000

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

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