Did Mansfield's proposed legislative charter amendment pass the Louisiana AG's legal review?

Plain-English summary

In November 2013, the Louisiana Attorney General reviewed Mansfield's proposed amendment to its special legislative charter and found it consistent with the constitutions and laws of Louisiana and the United States. The review was the step La. R.S. 33:1181 assigned to the AG after a municipality submitted proposed charter amendments through the governor.

The opinion reported that the proposed amendment had been published for three weeks in the Mansfield Enterprise and adopted by the Board of Aldermen after publication. It also noted that the AG had received no facts indicating that one-tenth of the electors protested the amendments. The opinion did not reproduce or analyze each provision of the restated charter.

Currency note

This opinion was issued in 2013. 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 the AG approve the proposed Mansfield charter amendment?

The AG found the amendment consistent with federal and state constitutions and laws under the review required by La. R.S. 33:1181. The opinion did not provide a provision-by-provision explanation.

What publication did the opinion report?

The AG said the proposal was published in the Mansfield Enterprise for three weeks. A footnote said an affidavit covering the June 2013 publication accompanied the request.

Did the opinion say a protest election was held?

No. A footnote said the AG received no facts indicating that one-tenth of Mansfield electors protested the amendments.

Background and statutory framework

Mansfield's special charter had been carried forward under the Louisiana Constitution. The governor's executive counsel submitted the amended and restated charter for the AG review called for by La. R.S. 33:1181. The statute described publication, submission, and a possible elector-protest process; the opinion reported publication and council adoption on July 10, 2013.

Citations

• La. R.S. 33:1181 (special-charter amendment review and procedure quoted in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0175

Original opinion text

~faf~ of 1fiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

November 20, 2013
OPINION 13-0175

71-1 MUNICIPALITIES- Special Charters

Thomas Enright, Jr.
La. R.S. 33 :1181
Executive Cou nsel
The amendment to the City of Mansfield's Legislative Charter
Office of the Governor
is consistent with the constitution and laws of the United
Post Office Box 94004
States and Louisiana.

Baton Rouge, LA 70804-9004

Dear Mr. Enright:

We received your request for review of the amendment to the Legislative Charter of the City of Mansfield in accordance with La. R.S. 33:1181. The City of Mansfield is governed by a special legislative charter. The town of Mansfield was incorporated by Act 128 of 1847 and reestablished by Act 186 of 1902. By Article VI, Section 4 of the 1974 Constitution, the special charter of the city of Mansfield was carried forward and remained in force and effect.

In order to amend its Legislative Charter, the City of Mansfield must meet the requirements set forth in La. R.S. 33:1181, which provides in pertinent part:

When a municipality existing prior to July 29, 1898, and having a population of two hundred thousand or less, which has not come under the provisions of Part I of Chapter 2 of this Title, desires to amend its charter, the same may be done in this way: The municipal governing body may prepare, in writing, the desired amendments, have the same published for three weeks in a newspaper published in the municipality ... the proposed amendments shall then be submitted to the governor, who shall submit them to the Attorney General for his opinion. If the Attorney General is of the opinion that the proposed amendments are consistent with the constitution and laws of the United States and of this state, including Part I of Chapter 2 of this Title, the Governor shall approve the proposed amendments. If, within thirty days after publication, one-tenth of the electors of the municipality protest against any proposed amendment, the Governor shall not approve the amendment protested against until it is submitted to and ratified by a majority of the electors of the municipality at an election held within sixty days after the protest has been made.

Page 2

OPINION 13-0175
jhomas Enright Jr.
Page 2

The proposed amendment to the City of Mansfield's Legislative Charter was published in the Mansfield Enterprise for a period of three weeks, as required by La. R.S. 33:1181. 1 After the three week period of publication, the amendment to the legislative charter was adopted by ordinance of the Board of Aldermen of the City of Mansfield on July 10, 2013. 2 Our office has reviewed the amended and restated Legislative Charter of the City of Mansfield in accordance with La. R.S. 33:1181, and finds the amendment to be consistent with the constitution and laws of the United States and Louisiana.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

JDC:WPB,III:jv

An affidavit of Publication averring that the proposed amendment was published for three weeks in June 2013 accompanied this request.
2 We received no facts indicating that one-tenth of the electors protested the amendments.