Did Greensburg's proposed town charter amendment pass the Louisiana attorney general's legal review?

Plain-English summary

The governor's office asked whether Greensburg's proposed special-charter amendment complied with Louisiana and federal law. The attorney general answered yes. The town had supplied a certified charter-amendment ordinance, proof of newspaper publication for three consecutive weeks, and the town clerk's affidavit saying no opposition had been filed.

The opinion applied La. R.S. 33:1181 because Greensburg operates under a special legislative charter. It found that the submitted documents established the statute's local approval and publication requirements, and that the amended charter was legally consistent. This is the attorney general's review under the statutory process. The quoted statute places approval with the governor and provides for a voter ratification step if enough electors protest within the stated period.

What this means for you

Greensburg officials and residents

The attorney general found the particular amendment submitted for Greensburg consistent with state and federal law. The office relied on the town's ordinance, publication proof, and clerk's affidavit reporting no opposition. The opinion does not describe the amendment's substantive changes, so it does not answer how any specific charter power would operate.

Officials of towns with special legislative charters

For the kind of municipality described in La. R.S. 33:1181, the opinion quotes a process of preparing written amendments, publishing them for three weeks, and submitting them through the governor for attorney general review. It also quotes the rule that a timely protest by one-tenth of electors prevents governor approval until a majority ratifies the protested amendment at an election.

Common questions

Q: Did the attorney general approve Greensburg's charter amendment?
A: The office found the proposed amendment consistent with state and federal law. Under the statute quoted in the opinion, the governor is the official who approves a proposed amendment after a favorable attorney general opinion.

Q: Was there a reported protest against this amendment?
A: The town clerk's affidavit, among the documents submitted to the office, certified that no opposition had been filed. The opinion reports that document; it does not describe a protest election.

Q: What happens under the quoted statute if enough residents protest a charter amendment?
A: If one-tenth of the municipality's electors protest within thirty days after publication, the governor cannot approve the protested amendment until a majority of electors ratifies it at an election held within sixty days after the protest.

Background and statutory framework

The opinion says Greensburg existed before July 29, 1898, had a population of 200,000 or less, and did not operate under Part I of Chapter 2 of Title 33, known as the Lawrason Act. Its footnote describes the town as governed by a special legislative charter. That is why the office reviewed the proposed amendment under La. R.S. 33:1181.

The documents supplied to the governor included Ordinance 1 of 2024, publication evidence, and the clerk's February 5, 2025 affidavit. The opinion states that the town's board of aldermen adopted the amendments by ordinance on October 8, 2024. Its conclusion addresses legal consistency of the proposed amended charter, without reproducing the charter changes.

Citations and references

• La. R.S. 33:1181 (special-charter amendment process)
• La. R.S. 33:321 (Lawrason Act distinction, cited in the opinion's footnote)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0009

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARTMENT OF JusTicE
OFFICE OF THE ATTORNEY GENERAL
P0. Box 94005
BATON ROUGE, LA
70804-9005

Liz MURRILL
ATTORNEY GENERAL
March 25, 2025
OPINION 25-0009

7t1 MUNICIPALITIES Special Charters
Mr. Brett A. Robinson
Deputy Executive Counsel
La. R.S. 33:1181
Governor Jeff Landry
The proposed amendments to the Charter for the Town of
P 0 Box 94004
. .
Greensburg are consistent with the constitution and laws of the United States and this state pursuant to La. R.S. 33:1181.
Baton Rouge, LA 70804

Dear Mr. Robinson:

We received your opinion request concerning a proposed amendment to the Charter for the Town of Greensburg. Pursuant to La. R.S. 33:1181, yot.i submitted the proposed amendment to our office for an opinion as to whether the amendment complies with the laws and constitutions of the State of Louisiana and the United States.

Question: Do the proposed amendments to the Charter for the Town of Greensburg comply with the laws and constitutions of the State of Louisiana and the United States pursuantto La. R.S. 33:1181?

Conclusion: It is the opinion of this office that the proposed amendments do comply with the laws and constitutions of the State of Louisiana and the United States.

The Town of Greensburg has presented the following documents to the Governor’s office:

(1) A certified copy of the Amendment of Charter Ordinance 1 of 2024 of the Town of Greensburg;
(2) An Affidavit of Publication and Advertisement for three consecutive weeks in the Daily Star; and
(3) An affidavit from Kaycee Bridges, the Town Clerk for the Town of Greensburg, dated February 5, 2025, certifying that no opposition has been filed in regard to the amendment contained in said Ordinance.

According to the information provided to us, Greensburg is a municipality existing prior to July 29, 1898, having a population of two hundred thousand or less, which does not come

Page 2

OPINION 25-0009
Mr. Brett Robinson
Page 2
under the provisions of Part I of Chapter 2 of Title 331 Thus, to amend the Charter as proposed by Ordinance 24-01, the provisions of La. R.S. 33:1181 must befollowed.2 That statute provides, in pertinent part:

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, if there be one, and, if none, then by posting for said time in at least three public places therein; 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 ofthe 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 above documentation provided establishes compliance with the local approval and publication requirements of La. R.S. 33:1 1 81 After the period of publication, the .

amendments to the charter were adopted by ordinance of the Board of Aldermen of the Town of Greensburg on October 8, 2024. This office has reviewed the amended and restated Legislative Charter of the Town of Greensburg in accordance with La. R.S. 33:1 1 81 and finds that the amendments are consistent with the constitution and laws with the United States and Louisiana.

We hope 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,
LIZ MURRILL
ATTORNEY GENERAL

BY: AJ
Chimène St. Amant
Assistant Attorney General

LM:CS

1Part I of Chapter 2 of Title 33 is commonly known as the Lawrason Act. The Town of Greensburg is governed by a special legislative charter. Consistent with La. R.S. 33:321, Greensburg does not operate under the Lawrason Act.

2 Louisiana Constitution article VI,
§ 2 also authorizes the amendment, modification, or repeal of a special legislative charter by local or special law of the legislature. See also La. Atty. Gen. Op. 97-42.