Could St. Bernard Parish suspend voter approval for new fees after Hurricane Katrina?

Plain-English summary

The St. Bernard Parish Council clerk asked whether the council could suspend a home rule charter rule requiring voter approval for proposals to levy fees and charges. The Attorney General answered no. Section 2-17(d) required proposals for a new or increased sales and use tax, charge, or fee to go to the voters.

Section 2-14 allowed emergency ordinances after a public emergency such as Hurricane Katrina, but the opinion said that power could not be used to levy taxes or special assessments, incur debt, or change parish rates, fees, or charges. The council therefore could not use an emergency ordinance to avoid the charter's voter-approval rule for the proposed charges.

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 Katrina let the council impose a new fee without a vote?

No. The AG recognized Katrina damage as a public emergency but said the charter's emergency-ordinance provision did not suspend the voter-approval requirement for fees and charges.

What proposals had to go to parish voters?

The charter language quoted in the opinion covered proposals to levy a new, or increase an existing, sales and use tax, charge, or fee.

Could the council use an emergency ordinance to change rates?

The opinion said no: the charter barred using an emergency ordinance to change rates, fees, or charges established by parish government.

Background and statutory framework

St. Bernard Parish Home Rule Charter Section 2-17(d) required voter approval for a new or increased sales and use tax, charge, or fee. Section 2-14 authorized emergency ordinances but excluded specified fiscal actions. The AG applied both provisions to the council's request after Katrina.

Citations

• St. Bernard Parish Home Rule Charter Section 2-17(d) (voter approval).
• St. Bernard Parish Home Rule Charter Section 2-14 (emergency ordinances and limits).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0164

Original opinion text

November 9, 2006
OPINION NO. 06-0164

71 - 1–B MUNICIPALITIES – HOME RULE CHARTER;
St. Bernard Parish Home Rule Charter – Section 2-
Ms. Polly C. Boudreaux
17(d); Section 2-14
Clerk of Council
St. Bernard Parish Council
Home Rule Charter cannot be suspended to levy fees
and charges. All fees and charges must be approved by
8201 West Judge Perez Drive
voters.
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 it is permissible to suspend the provision in the St. Bernard Parish Home Rule Charter requiring all proposals to levy fees and charges be approved by the voters of St. Bernard Parish?

The answer to this question is “no.” According to Section 2-17(d), “All proposals to levy a new or increase an existing sales and use tax, charge, or fee shall be submitted to the voters for approval in accordance with the election laws of the state.” While Section 2-14 of your home rule charter allows the council to adopt emergency ordinances to meet a public emergency such as the damage caused by Hurricane Katrina, some of the exceptions to implementing an emergency ordinance are that the ordinance cannot be used to levy taxes or special assessments, incur debt, or change rates, fees, or charges established by the parish government. This does not allow the St. Bernard Parish Council to suspend the provision which requires voter approval to levy fees and charges. The voters must approve any fees and charges.

In summary, the provisions of the Home Rule Charter must be followed to levy fees and charges. The voters must approve any fees and charges.

Page 2

Ms. Polly C. Boudreaux
OPINION NO. 06-0164
Page 2

We trust your question has 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

BY:_________
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

CCF,Jr.:FJP:sc

Page 3

OPINION NO. 06-0164

71 - 1 – B MUNICIPALITIES – HOME RULE CHARTER

St. Bernard Parish Home Rule Charter – Section 2-17(d) Section 2-14

Home Rule Charter cannot be suspended to levy fees and charges. All fees and charges must be approved by voters.

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: November 9, 2006

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL