Could Tallulah's city council limit employee travel by resolution, and what mileage rate applied to the mayor?

Plain-English summary

Tallulah's mayor asked whether the city council could restrict all employee travel by resolution and what rate applied when he used his own vehicle. The AG did not give a blanket answer approving a resolution. It said the council's authority to change travel allowed under the budget depended on the ordinance adopting that annual budget. A budget amendment, it said, had to be adopted by ordinance at an open council meeting.

The AG described the mayor's duty to submit operating and capital budgets and the board's adoption of a budget ordinance under the Local Government Budget Act. It said that ordinance defined the mayor's and board's authority to shift budget classifications. On mileage, the AG supplied no fixed reimbursement figure because rates changed periodically; it referred the mayor to the Division of Administration for the latest Travel Guide.

The official extract is headed “OPINION NO. 06-0024” but does not print a release date. This page leaves the date blank.

Currency note

The official extract does not state a release date. 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 Tallulah council simply pass a resolution to cut employee travel?

The AG did not decide that a resolution alone was enough. It said the city's adopted budget ordinance defined budget-amendment authority and that any budget amendment had to be adopted by ordinance in an open council meeting.

Where did the opinion say to find who could change travel spending?

In the ordinance, also called the proposed budget adoption instrument, by which the board approved the annual budget. The opinion said that document defined the mayor's and board's authority to make changes within budget classifications.

Did the AG set a mileage rate for the mayor's personal vehicle?

No. It said reimbursement rates changed and referred the mayor to the Division of Administration's most recent Travel Guide rather than stating a number.

Background and statutory framework

The opinion cited La. R.S. 33:404(A)(5) on mayoral budget submission, La. R.S. 33:406 on adoption of ordinances, and the Local Government Budget Act beginning at La. R.S. 39:1301. It specifically invoked La. R.S. 33:406(B)(3) when discussing an amendment adopted in an open meeting. Its answer was tied to Tallulah's own budget ordinance, which the extract did not reproduce.

Citations

• La. R.S. 33:404(A)(5) (mayoral budget submission).
• La. R.S. 33:406 (municipal ordinance adoption).
• La. R.S. 39:1301 et seq. (Local Government Budget Act).
• La. R.S. 33:406(B)(3) (ordinance amendment procedure).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0024

Original opinion text

DEPARTMENT oF JUSTICE
CIVIL DIVISION
430 FANNIN STREET
SHREVEPORT
SUITE 309
CHARLES C. FOTI, JR.
71101-5537
TEL: (318) 227-3790
ATTORNEY GENERAL
FAX: (318) 676-7144

OPINION NO. 06-0024

71-MUNICIPALITIES; 90-A-1-PUBLIC FUNDS AND CONTRACTS
Honorable Theodore Lindsey, Mayor LSA-R.S. 33:404(A)(5); LSA-R.S, 33:406; LSA-R.S.
City of Tallulah
39:1301 thru LSA-R.S. 39:1316
204 North Cedar Street
Whether municipality has authority to amend budget is found
Tallulah, Louisiana 71282
in ordinance by which board approved annual budget.

Dear Mayor Lindsey:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply.

Specifically, you ask:

1) Whether the Tallulah City Council has the power to restrict the travel of all employees through a resolution?

2) What is the rate of mileage reimbursement for use of your personal vehicle?

With regard to your first question, you are referred to La. R.S. 33:404(A)(5) which states that one of your duties as the mayor of a mayor-board of aldermen municipal government is to prepare and submit an annual operations and a capital outlay budget to the board of aldermen in accordance with La. R.S. 39:1301 et seq. and any other supplementary laws or ordinances. For the budget to become law, La. R.S. 33:406 which describes how an ordinance is enacted, requires a budget to be approved by an ordinance which shall be adopted by an affirmative vote of a majority of the members of the board.

The Louisiana Local Government Budget Act is comprised of La. R.S. 39:1301 through 1316. According to Section 1305, each political subdivision shall cause to be prepared a comprehensive budget representing a complete financial plan for each fiscal year for the general fund and each special revenue fund. The proposed budget must be accompanied by the ordinance which has been adopted by an affirmative vote of a majority of the members of the board and is called the "proposed budget adoption instrument." This ordinance defines the authority of the mayor and board to make changes within various budget classifications.

Page 2

Honorable Theodore Lindsey, Mayor
OPINION NO. 06-0024
Page 2

The budget must be available for public inspection in accordance with Sections 1306, 1307 and 1308 of the Act and adopted in compliance with Section 1308.

The answer to whether or not the City Council of Tallulah has the authority to amend the budget to change the travel allowed should be found in the ordinance or "proposed budget adoption instrument" by which the board approved your annual budget. Also, any amendment to the budget must be adopted in an open meeting of the city council by ordinance in compliance with La. R.S. 33:406(B)(3)which states:

(3) Each proposed amendment to an ordinance shall be presented in writing or reduced to writing before its final consideration. An amendment to a proposed ordinance shall not nullify the purpose of the proposed ordinance nor, except for ordinances involving the annual operating budget, a capital improvements budget, or a modification of municipal ordinances, add a new subject matter to it.

With regard to your second question, the amount you can be reimbursed for travel expenses changes periodically. T--b determine how much is allowed and under what circumstances, it is recommended that you contact the Division of Administration and ask for the most recent Travel Guide.

I trust your questions have been answered, 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. PI~MA~
ASSISTANT ATTORNEY GENERAL

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