Was an Arcadia council special meeting valid when the public saw notice but some officials did not?

Plain-English summary

Arcadia's mayor asked about a special council meeting called by three of five members after notice was posted at town hall, though not all council members or the clerk were notified. The AG said the public notice satisfied the open-meetings requirement and treated this meeting as legally held. It also said the town lacked the ordinance required to specify how special-meeting notice would reach the mayor and council members, and that the council had to enact one.

On the other questions, the AG said the mayor could appoint someone to take minutes when the town clerk was absent, subject to council confirmation. It also said a proposed ordinance forcing the mayor's water clerk to make detailed monthly reports directly to both mayor and council appeared to limit the mayor's statutory supervision of employees. The council could request employee reports through the mayor.

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 posting at town hall satisfy public notice for this meeting?

The AG said yes for the facts presented: notice had been posted at least 24 hours in advance and met the requirements it identified under La. R.S. 42:7.

Was Arcadia required to set a procedure for notifying the mayor and council members?

Yes. The AG said La. R.S. 33:405(c) required an ordinance on special-meeting notice to them, which the town lacked.

Could someone other than the town clerk take the minutes?

The AG said the clerk's statutory duty did not bar a substitute; when the clerk was absent, the mayor could appoint one with council confirmation.

Could the council require the water clerk to report directly to it each month?

The AG said that ordinance appeared to infringe the mayor's supervision of municipal employees. It said the council could request copies of reports through the mayor.

Background and statutory framework

The opinion applied Louisiana's public-meeting notice rule and the Lawrason Act's special-meeting, clerk-appointment, and mayoral-supervision provisions. It separated notice to the public from the town's missing procedure for notice to its own officials.

Citations

• La. R.S. 42:7 (public meeting notice).
• La. R.S. 33:405(c) (ordinance for official notice).
• La. R.S. 33:386 and 33:404 (clerk appointment and mayoral supervision).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0070

Original opinion text

April 17, 2006
OPINION NUMBER 06-0070

71 MUNICIPALITIES
77 OFFICERS –Local & Municipal

Hon. Eugene Smith
La. R.S. 33:404; La. R.S. 33:405
La. R.S. 33:386
Mayor, Town of Arcadia
P.O. Box 767
Notice of special meeting should comply with
Arcadia, LA 71001
La. R.S. 42:7 and La. R.S. 33:405 so as to give
the public, Council Members, and the Mayor proper notice of the meeting.
Dear Mayor Smith:

This office is in receipt of your opinion request in which you inquire about the following issues concerning the Town of Arcadia, a Lawrason Act Municipality:

1. Whether a special meeting called by three of the five members of
   the Town Council by posting notice on the front door of Town Hall,
   but without giving notice to the full Town Council or Town Clerk,
   was a legally held meeting?

2. Whether it was legal for someone other than the Town Clerk to take
   the minutes of the meeting?

3. Whether an ordinance introduced at the special meeting that
   requires the Town of Arcadia’s Water Clerk to make monthly
   reports to the Mayor and the Town Council usurps the power and
   authority of the Mayor?

With regards to the first question, it is clear that Louisiana law would allow for the special meeting to take place. However, since this was a meeting of a municipal board, the meeting was still subject to the open meetings laws so as to provide the public due notice of the meeting. Because the notice was posted on the front door of Town Hall at least 24 hours before the meeting with all the requirements set forth in La. R.S. 42:7, the notice provided for the meeting was adequate to meet the proper notice requirements afforded to the public.

However, the main issue that arises is the lack of notice received by all the members of the Town Council. It is in La. R.S. 33:405(c) that we find that special meetings may be called by the majority of the Town Council and that “(t)he board shall establish by ordinance how notice of special meetings shall be provided to

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Mayor Eugene Smith
OPINION NUMBER 06-0070
Page - 2 -

members of the board and the mayor.” After reviewing the ordinances provided by the Mayor, the Town of Arcadia does not have an ordinance pertaining to the procedure for notifying the council members or the Mayor of special meetings. As such, it is our opinion that while in this particular case a legal public meeting was held by the Town Council, the Council must enact an ordinance as required by § 405(c) so that Town Council members and the Mayor are given proper notice of special meetings.

Next, our research has not found any provision in the law of Lawrason Act Municipalities that specifically allows for someone other than the Town Clerk to take the minutes of a meeting. La. R.S. 33:421 lists the duties of the clerk, and these duties, in pertinent part, state the following:

“The clerk shall keep a book to be labeled "Municipal Minutes, City of __," or "Town of _," or "Village of ___," as the case may be, in which he shall record the proceedings of the mayor and board of aldermen, and keep the same fully indexed alphabetically, so that all entries on the minutes can be easily found.”

However, this language does not appear to prohibit anyone other than the Town Clerk from recording the minutes. As such, we direct you to La. R.S. 33:386, which states that “(t)he mayor, subject to the board’s confirmation, shall appoint a town clerk and in the event of a vacancy, the mayor, subject to the confirmation of the board, shall appoint a successor to any such office.” Therefore, because the Clerk for the Town of Arcadia is not an elected official and is appointed by the Mayor, it is our opinion that in the absence of the Town Clerk, the Mayor may appoint someone else to take the minutes of the meeting provided that person is confirmed by the Town Council.

In regards to the third question, we direct you to La. 33:404, which states the following:

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

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Mayor Eugene Smith
OPINION NUMBER 06-0070
Page - 3 -

(2) To delegate the performance of administrative duties to such municipal officers or employees as he deems necessary and advisable.

Because the Water Clerk is hired by the Mayor and is an employee of the Town of Arcadia, she is under the direct supervision of the Mayor. It appears that an ordinance requiring the Clerk to provide a detailed report to the Town Council and the Mayor would be a limitation on the authority of the Mayor to supervise municipal employees which is expressly prohibited by the statute. The Board, however, could certainly request copies of all reports made by the employees of the Town and such requests should appropriately be made through the Mayor. Should you have further questions please do not hesitate to contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ____
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, JR:CHB, JR.

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Mayor Eugene Smith
OPINION NUMBER 06-0070
Page - 4 -

OPINION NUMBER 06-0070

71 MUNICIPALITIES
77 OFFICERS –Local & Municipal

La. R.S. 33:404;
La. R.S. 33:405
La. R.S. 33:386

Notice of special meeting should comply with La. R.S. 42:7 and La. R.S. 33:405 so as to give the public, Council Members, and the Mayor proper notice of the meeting.

Honorable Eugene Smith
Mayor, Town of Arcadia
P. O. Box 767
Arcadia, LA 71001

CHARLES H. BRAUD, JR.
ASSISTANT ATTORNEY GENERAL

Date Released: April 17, 2006