Could Baldwin's five-member board amend an ordinance with only two yes votes?

Plain-English summary

Baldwin's mayor asked whether an ordinance amendment was valid when only two of the five aldermen present voted for it. In this 2006 opinion, the Attorney General answered no. Baldwin was a Lawrason Act municipality, and LSA-R.S. 33:405(A) required the affirmative vote of a majority of the members of the board to adopt an ordinance. With five board members, that meant three yes votes.

The two-vote amendment failed the statutory voting formality and was invalid and unenforceable. The AG said the board should reintroduce the amendment and adopt it with the required vote if it wanted a valid change. The opinion concerned this board's five-member composition and the ordinance amendment described to the AG.

Currency note

This opinion was issued in 2006. 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

Did two yes votes pass the Baldwin ordinance amendment?

No. The AG said the five-member board needed three affirmative votes.

Did it matter that all five aldermen were present?

The opinion stated that five were present but only two favored the change. It applied the statutory majority-of-members rule and concluded the amendment failed.

Was the defective amendment enforceable while the board reconsidered it?

No. The AG described an ordinance enacted contrary to the voting formality as invalid and unenforceable.

What did the AG suggest after the failed vote?

It said the board should reintroduce the amendment under the statutory procedure to make it valid and enforceable.

Background and statutory framework

LSA-R.S. 33:405(A) required Lawrason Act boards of aldermen to enact laws by ordinance and barred ordinance adoption without a majority of board members voting yes. The AG applied that requirement to Baldwin's five-member board and the two-vote amendment.

Citations

• LSA-R.S. 33:405(A) (ordinance adoption vote).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0440

Original opinion text

March 29, 2006
OPINION NUMBER 05-0440

Wayne J. Breaux, Mayor
77 – Officers
LSA – R.S. 33:405(A)
Town of Baldwin
P. O. Box 800
An ordinance enacted in contravention of the voting formalities
800 Main Street
required is invalid and unenforceable.
Baldwin, LA 70514

Dear Mr. Breaux:

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 an amendment to an ordinance voted on by two of the five members of the Board of Alderman present at a regular meeting is valid.

As you pointed out the Town of Baldwin is a Lawrason Act municipality. As such the town has to follow the procedures governing the enactment of ordinances pursuant to the provisions set forth in LSA-R.S. 33:405(A) which provide in pertinent part:

A. (1) Any law enacted by the board of alderman shall be by ordinance…No ordinance shall be adopted except by the affirmative vote of a majority of the members of the board.”

Although five members of the board were present at its regular meeting, only two members voted in favor of the amendment. Three members of your board must vote in favor of an amendment in order to effectuate its passage. A two-to-five vote is not sufficient to amend a valid ordinance, and the amendment fails for lack of a majority vote. Thus, an ordinance enacted in contravention of the voting formalities required by LSA-R.S. 33:405(A) is invalid and unenforceable.

Therefore, it is the opinion of this office that the Board of Alderman should re- introduce the amendment in accordance with the above statutory requirement to make it valid and enforceable.

Page 2

Wayne J. Breaux
Opinion No. 05-0440
Page 3

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Sincerely,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ___
CHARLENE PATTERSON
Assistant Attorney General

/cp
Enclosure

Page 3

Wayne J. Breaux
Opinion No. 05-0440
Page 3

SYLLABUS

OPINION 05-0440

77 – Officers
LSA – R.S. 33:405(A)

An ordinance enacted in contravention of the voting formalities required is invalid and unenforceable.

Wayne J. Breaux, Mayor
Town of Baldwin
P. O. Box 800
800 Main Street
Baldwin, LA 70514

Date Received:

Date Released: March 29, 2006

Charlene Patterson
Assistant Attorney General