Who had final say over what appeared on the Town of Iowa council meeting agenda?
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This page answers the general question as of 2004. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
The mayor of the Town of Iowa asked who had final authority to set the agenda for council meetings. In Opinion 03-0288, Attorney General Charles C. Foti Jr. answered that the mayor could review and change the agenda and had final authority over what appeared on it.
The opinion pointed to the statutory subordination of administrative staff to the mayor, the mayor's ability to delegate administrative duties, and the mayor's power to perform necessary or proper municipal administrative duties not denied by law.
Currency note
This opinion was issued in 2004. 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.
What the opinion meant at issuance
Mayor and council
For the Town of Iowa, the AG placed final agenda-setting authority with the mayor. The opinion allowed the mayor to review and change proposed meeting items.
Municipal staff
The opinion quoted the statute making administrative staff subordinate to the mayor and permitting delegation of administrative tasks to municipal officers and employees. Its conclusion still assigned the final agenda decision to the mayor.
Common questions
Q: Could the mayor change a proposed council agenda?
A: The AG said yes. It concluded that the mayor could review and change meeting agendas.
Q: Who had the final say over items on the Town of Iowa council agenda?
A: The opinion assigned that final authority to the mayor.
Q: Did delegating administrative work transfer final agenda authority?
A: The opinion cited the mayor's power to delegate duties but still concluded that the mayor had final authority over the agenda.
Background and statutory framework
The AG relied on La. R.S. 33:404 A. (1), (2), and (9) as quoted in the opinion. It read those provisions together to place control over council meeting agendas with the mayor.
Citations and references
Statutes quoted or cited: La. R.S. 33:404 A. (1); La. R.S. 33:404 A. (2); R. S. 33:404 A (9).
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0288
Original opinion text
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-900S
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
January 24, 2004
OPINION NO. 03-0288
77 - OFFICERS - Local & Municipal; Selection, Qualifications & Tenure; Vacancies
R.S. 33:404 A. (1) R.S. 33:404 A. (2) R. S. 33:404 A (9)
Honorable Margo Racca, Mayor
The statutory provisions that the mayor has the
Town of Iowa
authority to review and to change meeting agendas and
P. O. Box 1707
that the mayor has the final authority over what is and
what is not placed on the agenda.
Iowa, Louisiana 70647
Dear Mayor Racca:
Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask who has the final authority to set the agenda for council meetings?
You are correct that La. R.S. 33:404 A. (1), in pertinent part, states that all administrative staff shall be subordinate to the Mayor. Additionally, La. R.S.
33:404 A. (2) and (9) provide authority for you to set meeting agendas. These provisions are as follows:
A. (2) To delegate the performance of administrative duties to such municipal officers and employees as he deems necessary and advisable.
(9) To have any other power or perform any other duty as may be necessary or proper for the administration of municipal affairs not denied by law.
A review of these statutory provisions reveals that the mayor has the authority to review and to change meeting agendas and that the mayor has the final authority over what is and what is not placed on the agenda.
Page 2
Honorable Margo Racca, Mayor
OPINION NO. 03-0288
Page - 2 -
We trust this sufficiently answers your question. However, if you should need
anything further do not hesitate to contact this office.
Very truly yours
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL
CCF,Jr.:sc
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