Was St. Martinville's charter amendment dividing secretary-treasurer duties between a clerk and finance officer lawful?

Plain-English summary

The governor's office submitted St. Martinville's proposed legislative charter amendment for AG review under La. R.S. 33:1181. The official opinion found the amendment "consistent with the constitution and laws of the United States and Louisiana."

The city proposed dividing the former secretary-treasurer functions. Its new clerk of the city council would keep minutes, ordinances and council records. A chief financial officer would maintain claims and accounts, issue numbered warrants or checks against funds in the treasury, and report monthly or more often as ordered by the council. The proposal also assigned tax collection to the chief financial officer.

The opinion says the amendment was published for three weeks and the city clerk supplied an affidavit attesting to no written opposition within 30 days of the last publication. The AG issued a favorable consistency finding. It does not record any final action by the governor.

What this means for you

St. Martinville officials. The AG found the submitted division of clerk and finance responsibilities legally consistent under the special-charter amendment procedure.

Governor's office. The opinion supplies the AG consistency review called for by La. R.S. 33:1181. It reports the city's publication and no-opposition documentation.

Residents. The proposal addresses which office would keep council records, handle financial accounts and collect taxes. The opinion does not report a voter protest or a subsequent election on this amendment.

Common questions

What happened to the secretary-treasurer's functions under the proposed amendment?
The proposal split them between a city council clerk and a chief financial officer, with tax collection assigned to the finance officer.

Did the AG find the amendment legally consistent?
Yes. The opinion concludes it was consistent with federal and Louisiana law.

Does this opinion confirm the governor finally approved the amendment?
No. It records the AG's legal review and conclusion, without reporting a later gubernatorial action.

Background and statutory framework

La. R.S. 33:1181 provides the process for amending certain municipalities' legislative charters, including publication, AG review and a possible elector protest. St. Martinville submitted proposed revisions to its city-clerk and finance-officer provisions. The AG reviewed them and found them consistent with law.

Citations and references

Statute: La. R.S. 33:1181.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0099

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
November 6, 2023
OPINION 23-0099

Mr. John C. Walsh
71-1 MUNICIPALITIES—Special Charters
Deputy Executive Counsel
La RS 331181
Office of the Governor
The amendment to the City of St. Martinville’s Legislative Charter Post Office Box 94004 is consistent with the constitutions and laws of the United States
Baton Rouge, LA 70804-9004
and Louisiana

Dear Mr. Walsh,

We received you request for review of an amendment to the Legislative Charter to the City of St. Martinville in accordance with La. R.S. 33:1181. In order to amend its Legislative Charter, the City of St. Martinville must meet the requirements set forth in La.
R.S. 33:1 181 which provides, in pertinent part:
,

When a municipality existing prior to July 29, 1 898, 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.

The City of St. Martinville seeks to reorganize the structure of the office of Secretary Treasurer of the city and to divide the previous functions of that office between the office of the City Clerk and the office of the Chief Financial Officer. According to the City Attorney, this amendment would bring the structure of the city government in line with the way it has actually operated for the past several decades.
Specifically, the city seeks to amend Article 111(2) of the City Charter to read as follows:

Page 2

OPINION 23-0099
Mr. John C. Walsh
Page No. 2

[2.1] [CLERK OF THE COUNCIL.] the office of Clerk of the City Council of the City of St. Martinville is hereby created. It shall be the duty of the Clerk of the City Council to attend every meeting of the City Council and keep accurate minutes of the proceedings thereof in a book to be provided for that purpose, and to copy and enroll in a well bounded book all ordinances and resolutions of the City Council; to take charge of and keep in order all books, papers, documents and archives of said Council; as well as any other duties which shall be assigned to the Clerk by the Mayor or by resolution of the Council.
[2.2] [CHIEF FINANCIAL OFFICER.] The office of Chief Financial Officer of the City of St. Martinville is hereby created. It shall be the duty of the Chief Financial Officer to keep an account of all claims for or against the corporation; the Chief Financial Officer shall issue warrants or checks upon the funds in the treasury, the same to be countersigned by the Mayor under the seal of the corporation for the payment of all claims. All warrants and checks shall be numbered respectively and shall specify the amount, purpose and fund upon which they are drawn; provided, that in no case shall a warrant or check be drawn except against actual cash in the treasury. The Chief Financial Officer shall at least once a month or oftener if ordered by the Council, make a report to the Council of all claims and accounts against the town, and a full and correct statement of all his/her receipts and payments, showing the exact condition of the town treasury since date of last report. The Chief Financial Officer shall also execute and perform such other duties as may be assigned by the Mayor or by resolution of the City Council.
In addition, the city seeks to amend Article 111(3) to assign tax collection duties to the Chief Financial Officer, by changing the title of the section to read as follows:
[3.] [CHIEF FINANCIAL OFFICER
— EX OFFICIO TAX COLLECTOR]
The City Council reviewed and adopted the proposed amendment on July 1 2022. In
,

correspondence to the Governor, the City Attorney stated that the proposed amendments to the City of St. Martinville’s Legislative Charter were published in the Official Journal for a period ofthree weeks as required by La. R.S. 33:1181 No written opposition was filed .

with the City of St. Martinville with regard to the proposed amendments to the City Charter within thirty days of the last publication of the amendment in the Official Journal.2

1 The city attorney also furnished this office with documentation showing the proposed amendment was published in the Teche News, the Official Journal of St. Martin Parish and the City of St. Martinville for the weeks: June 28, 2023, July 5, 2023, and July 12, 2023. 2 The affidavit of Lorrie Poirier, the City Clerk for the City of St. Martinville, was provided to this office and attests to the lack of written opposition.

Page 3

OPINION 23-0099
Mr. John C. Walsh
Page No. 3

Our office has reviewed this amendment and finds that the amendment is consistent with the constitution and laws of the United States and Louisiana. We trust that this opinion has adequately addressed the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LAN DRY
ATTORNEY GENERAL

BY:__
CHIMENE ST. AMANT
ASSISTANT ATTORNEY GENERAL

JL:CS