Could Zachary's mayor remove one set of duties from a combined department job without council approval?

Plain-English summary

Zachary's council had approved the mayor's proposal to combine two positions into one. After the employee appointed to the combined role had difficulty performing both sets of duties, the mayor let the employee carry out just one. In 2005, the Attorney General said the mayor could not make that change alone.

Section 4-11 of Zachary's Home Rule Charter allowed the mayor to propose a departmental change, combination, abolition, or reallocation of duties, then present it to the city council for approval. The AG treated the unilateral removal of one part of the combined job as effectively abolishing that position's duties. Under Section 4-11, the mayor needed council approval for that change. The opinion was tied to the reorganization and employee arrangement described to the AG.

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 move a department head's duties without the council?

The AG said not under the facts presented. The charter gave the mayor power to propose a reallocation, with the proposed change subject to council approval.

Did the council's earlier approval of the combined job cover the later reduction in duties?

No. The AG treated the mayor's later decision to let the employee perform only one of the two roles as the equivalent of abolishing the other role's duties.

What did the charter permit the mayor to do?

The opinion said Section 4-11 allowed the mayor to propose reorganization of a department, office, or agency, including changes to its functions and duties, and present that proposal to the council.

Background and statutory framework

The city attorney asked about a department head's reassigned responsibilities under Zachary's Home Rule Charter. The AG applied Section 4-11, titled “Administrative Reorganization,” to a council-approved merger of two positions. It concluded the mayor could not unilaterally undo part of that arrangement after the appointed employee could not perform both sets of duties.

Citations

• Zachary Home Rule Charter, Section 4-11 (mayoral proposal and council approval for administrative reorganization).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0345

Original opinion text

November 9, 2005
OPINION NUMBER 05-0345

William Joseph Cleveland 71- Municipalities
City Attorney 71-1-B Home Rule Charter
The discretion of the City of Zachary’s Mayor to
City of Zachary
reallocate the functions, powers, duties, and
1413 Birdie Dr.
responsibility of a department is subject to the
approval of the council.
Zachary, LA 70791

Dear Mr. Cleveland:

Your request for an Attorney General opinion was forwarded to me for research and reply. As I understand your question, you want to know whether the Mayor of Zachary has authority under its Home Rule Charter to reassign duties and responsibilities of a department head without the approval of the City Council.

Pursuant to Section 4-11 of Zachary’s Home Rule Charter, entitled, “Administrative Reorganization,” the Mayor has the authority to propose a change, combination or abolition of a department, office or agency and/or to reallocate the functions, powers, duties and responsibilities of that department, office or agency and present such to the Council for approval.

We have learned through your request that the City Council initially approved the Mayor’s proposed administrative re-organization of two positions in to one. An employee was appointed to fill the position and has since then been unable to properly perform the duties of both. As a result, the Mayor unilaterally allowed the employee to perform the duties of only one position without fulfilling the other, which is the equivalent to having abolished the later position.

Under the facts as presented, it is the opinion of this office that the Mayor is not empowered to act alone in abolishing the duties of an appointed position without Council.

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OPINION NUMBER 05-0345
William Joseph Cleveland
Page - 2 –

We hope that this sufficiently answers your inquiries, but if we can be of further assistance, please do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ____
CHARLENE PATTERSON
Assistant Attorney General

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OPINION NUMBER 05-0345
William Joseph Cleveland
Page - 3 –

OPINION 05-0345

71- Municipalities
71-1-B Home Rule Charter
The discretion of the City of Zachary’s Mayor to reallocate the functions, powers, duties, and responsibility of a department is subject to the approval of the council.

William Joseph Cleveland
City Attorney
City of Zachary
1413 Birdie Dr.
Zachary, LA 70791

Date Received:
Date Released: November 9, 2005

Charlene Patterson
Assistant Attorney General