Could a Louisiana mayor direct a clerk to add or remove items from the town council agenda?

Plain-English summary

Amite's mayor asked who controlled items on a Lawrason Act town meeting agenda. In 2005, the Attorney General concluded that the mayor could review the agenda and instruct the clerk to add or remove items, so long as doing so respected the clerk's statutory duties and any procedures adopted by the board of aldermen. The clerk did not have exclusive authority to set the agenda.

The AG read the mayor's power to supervise municipal offices and delegate administrative work alongside the clerk's duty to keep a docket of subjects for the next meeting. The clerk could not refuse to place items on the agenda when no written agenda rules had been adopted, because the mayor supervised the clerk. The opinion also acknowledged that the mayor could delegate agenda duties or the board could set its own procedures.

Currency note

This opinion was issued in 2005. 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.

Common questions

Could the mayor review the agenda before posting?

The AG said yes. It treated agenda review as part of the mayor's statutory supervision of municipal administration.

Could the mayor tell the clerk to add or remove an item?

Yes, if the direction did not conflict with the clerk's duty to keep the agenda docket or with applicable procedures adopted by the mayor or board of aldermen.

Did the clerk have sole authority over agenda content?

No. La. R.S. 33:421 required the clerk to keep the docket, but the AG said it did not give the clerk exclusive power to choose meeting topics.

Could the board of aldermen set an agenda procedure?

The opinion recognized board-adopted procedures as a limit on the mayor's administrative agenda rules. It did not examine any particular board ordinance in Amite.

Background and statutory framework

The AG clarified an earlier opinion about three Lawrason Act questions: mayoral review, a clerk's refusal when no written rules existed, and whether the clerk had sole responsibility. La. R.S. 33:404 supplied mayoral supervision and administrative powers; La. R.S. 33:421 and La. R.S. 33:422 described clerk and auditor duties. The conclusion depended on reading those provisions together.

Citations

• La. R.S. 33:404 (mayoral administrative powers).
• La. R.S. 33:421 (clerk's record and docket duties).
• La. R.S. 33:422 (clerk as auditor).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0145

Original opinion text

July 25, 2005
OPINION NO. 05-0145

77 - OFFICERS – Local & Municipal; Selection, Qualifications & Tenure; Vacancies Dr. R. E. Goldsby La. R.S. 33:404 (A) (1), (2) and (9) La. R.S. 33:421
Mayor, Town of Amite La. R.S. 33:422
212 E. Oak Street The mayor has the power to adopt procedures for placing items on or removing items from the Amite, LA 70422 meeting agenda as long as these actions are not in conflict with the clerk’s duties set out in La.
R.S. 33:421 or with any procedures adopted by the board of aldermen.

Dear Mayor Goldsby:

You have requested a clarification of Attorney General Opinion No. 03-0288. The issues addressed in No. 03-0288 were as follows:

1. Whether the mayor of a Lawrason Act municipality has the authority to review the agenda docket before it is posted and then instruct the clerk to remove or add certain items from/to that agenda?

2. Does the clerk have the authority to refuse to place items on the agenda before it is posted when no written rules have been established regarding the agenda?

3. Does the Lawrason Act give the clerk the sole responsibility for setting the agenda?

These questions were answered by a review of La. R.S. 33:404 (A) (1), (2) and (9) which state:

§ 404. Duties of mayor
A. The mayor shall have the following powers, duties and responsibilities:

(1) To supervise and direct the administration and operation of all municipal departments, offices, and agencies, other than a police department with an elected chief of police, in conformity with ordinances adopted by the board of aldermen and with applicable provisions of state law; however, no such ordinance my limit the

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authority granted to the mayor by this Paragraph. All administrative staff shall be subordinate to the mayor.

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(2) To delegate the performance of administrative duties to such municipal officers or 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.

It is apparent that § 404 (A) (1) gives the mayor the authority to supervise and direct the administration and operation of all municipal departments and offices in conformity with ordinances adopted by the board of aldermen and that all the administrative staff is subordinate to the mayor. Also, (A) (2) allows the mayor to delegate the performance of administrative duties to such municipal officers or employees as he deems necessary and advisable, while (A) (9) gives the mayor the power to perform any other duty as may be necessary or proper for the administration of municipal affairs not denied by law.

In contrast, the duties of the clerk are set out in La. R.S. 33:421 and 422. According to
§ 421, the clerk is to keep the records of the municipality which includes a docket of each subject to be acted upon by the mayor and board of aldermen at their next meeting. Additionally, § 422 designates the clerk as the auditor of the municipality.

It appears that the Lawrason Act gives the clerk certain duties, but that it also gives the mayor the duty to supervise the clerk and all other municipal officers, and the power to delegate administrative duties. In addition, La. R.S. 33:404(A) (9) gives the mayor the power to perform any other duty that is necessary or proper for the administration of the municipality. Pursuant to this statutory authority, the mayor has the power to adopt procedures for placing items on the meeting agenda and for conducting meetings of the board as long as these procedures are in conformity with ordinances adopted by the board of aldermen.

Therefore, to address the first question it is the opinion of this office that the mayor has the authority to review the agenda. He also has the authority to instruct the clerk to add or remove items from the agenda if these actions are not in conflict with the clerk’s duties set out in La. R.S. 33:421 or any other procedures adopted by the mayor or board of aldermen.

With regard to the second question, the clerk does not have the authority to refuse to place items on the agenda when no written rules have been adopted regarding the agenda and since the mayor is the supervisor of the clerk.

Finally, the Lawrason Act does not give the clerk the sole responsibility for setting the agenda. Louisiana Revised Statute 33:421 states that the clerk is to place items on the

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agenda docket to be acted upon by the mayor and board of aldermen at their next meeting. Nothing states that the clerk has the “sole” responsibility for setting the

meeting agenda. The mayor has the duties and powers described previously and can supervise the items added to the agenda and those removed from it, unless he has delegated these duties or the board has determined a procedure for setting the agenda.

In summary, the mayor has the power to adopt procedures for placing items on or removing items from the meeting agenda as long as these actions are not in conflict with the clerk’s duties set out in La. R.S. 33:421 or with any procedures adopted by the board of aldermen.

We trust this sufficiently answers your question. However, if we can be of further assistance please do not hesitate to contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:________
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

CCF,Jr.:FJP:sc

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OPINION NO. 05-0145

77 - OFFICERS – Local & Municipal; Selection, Qualifications & Tenure;
Vacancies

La. R.S. 33:404 (A) (1), (2) and (9)
La. R.S. 33:421
La. R.S. 33:422

The mayor has the power to adopt procedures for placing items on or removing items from the meeting agenda as long as these actions are not in conflict with the clerk’s duties set out in La. R.S. 33:421 or with any procedures adopted by the board of aldermen.

Dr. R. E. Goldsby
Mayor, Town of Amite
212 E. Oak Street
Amite, LA 70422

Date Received: 03.18.05
Date Released: July 25, 2005

FRANCES JONES PITMAN
ASSISTANT ATTORNEY GENERAL