Could St. Bernard Parish temporarily change its evening council meeting time after Katrina?

Plain-English summary

St. Bernard Parish's home rule charter required one regular monthly council meeting to begin no earlier than 7 p.m. After Hurricane Katrina damaged parish infrastructure and left streets and lighting unsafe, the council clerk asked whether that meeting-time rule could be suspended temporarily. The Attorney General pointed to the charter's emergency-ordinance procedure and said Katrina's damage appeared to be the sort of public emergency it covered. The opinion's syllabus said the time of a regular monthly meeting could be changed for a period.

The charter language quoted in the opinion required a favorable vote of at least a majority of the full council membership to adopt an emergency ordinance at the meeting where it was introduced. The opinion also said an emergency ordinance could remain in effect for no more than sixty calendar days after approval.

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

Could the council move the required evening meeting time temporarily?

The AG said the charter's emergency-ordinance route could address the unsafe conditions after Katrina, and the syllabus stated that the monthly meeting time could be changed for a period.

What vote did the quoted emergency rule require?

At least a majority of the total council membership had to vote in favor to adopt an emergency ordinance at the meeting where it was introduced.

How long could the emergency ordinance last?

The opinion said no more than sixty calendar days after approval under the charter provision it discussed.

Background and statutory framework

The request concerned a charter rule for the start time of one monthly St. Bernard Parish Council meeting. Section 2-14(a) of the parish home rule charter allowed emergency ordinances for emergencies affecting life, health, property, or public safety. The AG related that authority to post-Katrina infrastructure damage and unsafe streets and lighting.

Citations

• St. Bernard Parish Home Rule Charter Section 2-14(a) (emergency-ordinance provision quoted in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0163

Original opinion text

September 1, 2006
OPINION NO. 06-0163

Ms. Polly C. Boudreaux
Clerk of Council
St. Bernard Parish Council
8201 West Judge Perez Drive
Chalmette, Louisiana 70043

Dear Ms. Boudreaux:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask if the St Bernard Parish Council can temporarily suspend the Home Rule Charter ordinance which states that one of the regular monthly meetings shall convene no earlier than 7:00 p.m.? You add that this suspension would be because of damage to your parish infrastructure and the unsafe conditions of the streets and lighting as a result of Hurricane Katrina.

A review of the St. Bernard Parish Home Rule Charter reveals an ordinance which assists your parish in dealing with public emergencies. According to Section 2-14 (a), “To meet a public emergency affecting the life, health, property, or public safety, the council by a favorable vote of at least a majority of the total council membership, may adopt an emergency ordinance at the meeting at which it is introduced, . . .” This ordinance goes on to explain the procedure for adopting the ordinance, how many votes it takes to override a veto and that it can be in effect for no more than sixty calendar days after its approval. It seems that dealing with the damage from Hurricane Katrina is certainly the type of public emergency this ordinance contemplates.

Page 2

Ms. Polly C. Boudreaux
OPINION NO. 06-0163
Page – 2 –

We trust your question has been sufficiently answered. However, if you should need anything further, 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. 06-0163

71 – 1 - B MUNICIPALITIES – HOME RULE CHARTER

ST. BERNARD PARISH HOME RULE CHARTER SECTION 2-14(a)

Time of regular monthly meetings may be changed for a period of time.

Ms. Polly C. Boudreaux
Clerk of Council
St. Bernard Parish Council
8201 West Judge Perez Drive
Chalmette, Louisiana 70043

Date Received: 6.12.06
Date Released: September 1, 2006

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL