THE JEFFERSON PARISH CHARTER (Proposed amendments as of May 6, 2013)

Transcription

1 THE JEFFERSON PARISH CHARTER (Proposed amendments as of May 6, 2013) PREAMBLE We, the people of Jefferson Parish, in the State of Louisiana, in order to secure for ourselves the benefits and responsibilities of home rule, do adopt, under God, this home rule Charter and plan of government in accordance with Article XIV, Section 3(c) of the Constitution of 1921 and Article VI, Section 4 of the Constitution of ARTICLE 1. - POWERS OF THE PARISH Section Powers of the Parish. The parish shall have all the powers, rights, privileges, and authority now or hereafter vested in parishes, parish governments, and parish officers and in Jefferson Parish in particular by the Constitution and laws of the State. In addition, it shall have all the powers, rights, privileges, and authority to which it is entitled under Article XIV, Section 3(c) of the Constitution of 1921 and Article VI, Section 4 of the Constitution of 1974 to carry on a home rule government for Jefferson Parish. The foregoing powers, rights, privileges, and authority shall be deemed to include all implied powers necessary and proper for putting them into effect and shall include, but shall not be restricted to, the power and authority to: (1) Levy and collect property taxes, service charges, special assessments, license charges, fees, and other revenues. (2) Prepare, enact, and enforce comprehensive plans for the development of the parish and for zoning purposes. (3) Provide and maintain streets, highways, bridges, tunnels, and off-street parking facilities. (4) Prepare, enact, and enforce plans for the direction and control of traffic; and install, maintain, and operate traffic control devices or arterials. (5) Provide law enforcement, police protection, and traffic control services; develop and administer training, communications, records, crime investigation, jail and stockade facilities, and related services for the parish. (6) Prepare, enact, and enforce a uniform fire code and provide fire prevention and protection services. (7) Develop, operate, and regulate air, water, rail, and bus terminals; and regulate, control, grant franchises to, or itself operate, public transportation systems. (8) Develop, maintain, and operate flood control and surface drainage programs, works, and systems; and cooperate with federal, regional, and state agencies in their development, administration, and operation. (9) Regulate, control, grant franchises to, or itself operate, sanitary sewerage and sewage disposal systems. (10) Regulate, control, grant franchises to, or itself operate, water supply, treatment, and service systems. 1

2 (11) Develop, operate, or provide for refuse collection and disposal facilities. (12) Regulate, control, grant franchises to, or itself operate, gas, light, and power utilities. (13) Establish and administer parish housing, urban rehabilitation, and urban conservation programs. (14) Establish and maintain hospitals and provide a program of public health services. (15) Develop and administer a system of parish parks, playgrounds, recreation programs, libraries, museums, and other recreation and cultural facilities and programs. (16) Prepare, enact, and enforce uniform building and related technical codes, which may provide for examination and licensing. ARTICLE 2. - THE PARISH COUNCIL Section Powers and Duties. (A) The Parish Council shall be the legislative and policy making body of the parish and shall have authority, except as otherwise provided by this Chapter, by the Constitution of this State, and specifically by Article XIV, Section 3(c) of the Constitution of 1921 and Article VI, of the Constitution of 1974, pertaining to the powers of the Sheriff, the Tax Assessor, the Clerk of the District Court, the School Board, and the incorporated municipalities of the parish, to exercise all powers of the parish, and to adopt such ordinances and resolutions as may be proper in the exercise thereof. Without limitation of the foregoing authority, the Council may: (1) Levy and collect taxes, special assessments, service charges, license charges, fees, and other revenues, and borrow money in such manner, and subject to such limitations as may be provided by law. (2) Make appropriations for all parish purposes. (3) Require periodic and special reports from all parish officers concerning the affairs of their respective departments, offices, agencies, or special districts, which reports shall be submitted by and through the Parish President in the case of departments, offices, agencies, and special districts subject to his jurisdiction. (4) Make investigations of parish affairs by inquiring into the conduct of any department, office, agency, or special district of the parish, or of any person in the service of the parish, including the investigation of the accounts, records, and transactions of the department, office, agency, or special district and for these purposes subpoena witnesses, administer oaths, and require the production of books, papers, and other evidence; and any person who fails or refuses to obey any lawful order of the Council pursuant to this paragraph shall be guilty of a misdemeanor and shall be punishable in such manner as the Council shall fix by ordinance. (5) By ordinance, abolish or consolidate any parish department, office, or agency, or provide for the consolidation and transfer of any of the functions of such departments, offices, or agencies subject to Section 4.01B provided that: 2

3 (a) (b) The police powers of the Sheriff, including the power, authority, and duty to preserve the public peace and order, to apprehend all disturbers thereof, to prevent crime and to apprehend criminals, to protect the rights of persons and property, and to enforce the laws shall not be transferred or diminished and provided further that the Sheriff's functions as ex officio tax collector as provided in Article VII, Section 65 of the State Constitution [of 1921] shall not be diminished. The power, authority, and duties of the Clerk of the District Court, Tax Assessor and the School Board shall continue as in existence at the time of the adoption of Article XIV, Section 3(c) of the State Constitution [of 1921], but subject to the general laws of the State with respect to Clerks of the District Courts, Tax Assessors, tax assessments, Parish School Boards, and public education. (6) Enter into contracts with other governmental units within or outside the boundaries of the parish for joint performance or performance by one unit in behalf of the other of any authorized function or activity. (7) By ordinance, establish, merge, and abolish special districts within which may be provided fire protection, recreation facilities, water, streets, sidewalks, street lighting, waste and garbage collection and disposal, sewerage and sewage disposal systems, drainage, and other essential facilities and services. All parish funds for such districts shall be provided by service charges, special assessments, general tax levies, or as otherwise provided by law, within such districts only. When acting as the governing body of special districts as provided in Section 6.01B the Parish Council shall have the same jurisdiction and powers as when acting as the Council. (8) Provide, in a manner and in amounts consistent with state law, penalties for the violation of this Charter and of parish ordinances. (9) Perform any other acts, consistent with law, deemed to be for the best interest of the people of the parish. (10) In accordance with Section 2.01(A)(4), investigate any person in the service of the parish for lack of qualifications, incompetence, neglect of duty, failure to comply with a lawful directive of the Council or gross misconduct in reference to that person's duties. The allegations in support of the investigation shall be presented in writing to the appointing authority and to the affected officer or employee, and if the appointing authority does not take appropriate disciplinary actions, the Council may order a hearing thereon, at which the affected officer or employee and the appointing authority shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books, and papers, and other evidence. If, after hearing, the allegations against the affected officer or employee are confirmed, the officer or employee may be subjected to disciplinary action up to and including suspension or dismissal from parish service by the affirmative vote of a majority of the entire membership of the Council. The affected officer or employee may require that such hearing be held at an open meeting. The Council may by ordinance provide procedures for such investigations and hearings. 3

4 (B) The provisions of this section shall neither diminish any authority of the Parish President, pursuant to Section 3.03(B) to remove any employee responsible to him, nor enhance any right of any unclassified officer or employee who serves at the pleasure of their appointing authority, nor preclude any right afforded elsewhere in this Charter or state law to employees in a classified service. The Council shall have the power of eminent domain and the right to expropriate property for public purposes as provided by law. The Council shall make fair and just compensation for any properties acquired in the exercise of its powers, duties, or functions. Section Council Districts. (A) (B) The parish shall be divided into five Council districts, the initial boundaries of which districts shall be established by Council ordinance until such time as they are reapportioned according to law. Following official publication of the federal census by the United States Bureau of the Census and at least six months prior to the next election for Council members following publication of the census, the Council by ordinance shall, if necessary, alter, change or rearrange Council district boundaries so as to provide for population equality among districts as near as reasonably practicable. To the extent possible, Council districts shall be compact and composed of contiguous territory. In no event shall the number of districts or membership of the Council be increased or decreased except by amendment to the Charter. Section Composition, Election, and Compensation. (A) 1. There shall be a Council consisting of seven members, two of whom shall be elected at large, and one each from and by each Council district. Except as provided in Paragraph 3 herein, a Council member shall be a qualified elector of the parish and shall have been legally domiciled and have actually resided in the parish for at least one year immediately preceding the time of qualifying for office in an area which, at the time of qualification, is within the district. The Council members elected from the Parish at large shall be designated as Councilmember-at-Large, Division A and Councilmember-at-Large, Division B. A candidate for the office of Councilmember-at-Large shall, at the time of his filing as a candidate, designate the one division of the two Councilmember-at-Large divisions for which he is a candidate. 2. A Council member shall continue to be legally domiciled and to actually reside within the district from which elected during the term of office. Should the legal domicile and/or actual residence of a Council member change from the district from which elected, unless changed by reapportionment, the office shall automatically become vacant, which vacancy shall be filled as provided in this Charter. 4

5 (B) (C) (D) 3. An elector may qualify as a candidate from any district created in whole or in part from a district existing prior to reapportionment if domiciled in that prior district for at least one year immediately preceding qualification. 4. A Council member shall hold no other elected public office, nor any other compensated office or employment with the parish government during the term for which elected to the Council. Nothing in this section shall prohibit a Council member from serving as a member of a Charter commission, constitutional convention or political party committee. Beginning in 1960 and every four years thereafter members of the Council shall be elected at the state general election in accordance with the election laws of the State. Upon receipt of their commission to office in accordance with the election laws of the state, members of the Council shall take their oath of office and assume the duties of their office even if the terms of office of incumbent councilmen are reduced to less than a full four (4) years. The salary of Council members shall be determined by ordinance, provided that no ordinance changing the salaries of Council members shall be passed during the last year of the term and that a salary change shall not become effective during the current term of the Council members adopting the ordinance. The Council members shall not be entitled to sick or annual leave benefits. A Council member who has served as a district Council member more than one and one-half terms in two consecutive terms shall not be eligible to qualify as a candidate for Council member for a district for the succeeding term. A Council member who has served as a Councilmember-at-Large more than one and one-half terms in two consecutive terms shall not be eligible to qualify as a candidate for Council member elected at large for the succeeding term. (E) (1) Notwithstanding the imposition of the term limitation under the provisions of this section, an incumbent Council member in his second or in any successive term may present a petition to waive the term limitation signed by the number of electors of the voting area as will equal in number not less than twenty percent (20%) of the total number of the electors of the voting area which the Council office represents. (2) Prior to the entering of any signature on a petition, the person designated to represent the petitioners shall file a copy of the petition which will be used with the Registrar of Voters of Jefferson Parish. The petition shall be deemed filed on the date received by the Registrar. Thereafter, the signed and dated petition shall be submitted to the Registrar not later than one hundred and eighty (180) days from the initial filing of the unsigned petition with the Registrar. (3) The initial filing of the unsigned petition with the Registrar of Voters shall be no more than one (1) year from the date of qualification for the elective office, nor less than ten (10) months prior thereto. 5

6 (4) Each elector, at the time of signing the petition, shall enter his address and the date on which he signed beside or underneath his signature. However, if a person is unable to write as provided in the Louisiana Revised Statutes 18: or in any successive state legislation, the two witnesses shall date their signatures and shall follow all of the procedures as stated in Louisiana Revised Statutes 18:3 or in any successive state legislation. In determining the number of qualified electors who signed the petition, the Registrar of Voters shall not count any signature which is undated or which bears a date prior to the date on which the copy of the petition was initially filed with his office or after the last day hereinabove set forth for submission of the petition to his office. The Registrar of Voters shall not receive or certify a petition submitted to him for certification unless it is submitted to him timely. Section Vacancies. (A) (B) (C) The office of a Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law, forfeiture of office, failure to take office, or as otherwise provided in this Charter. A vacancy on the Council shall be filled by appointment, within thirty days after the vacancy occurs, of a person meeting the qualifications for that office by a favorable vote of a majority of the remaining members of the Council. If one year or less of the unexpired term remains when the vacancy occurs, the appointee shall serve the remainder of the term. The appointee shall not be eligible to be a candidate for the next full term for the Council. If the vacancy occurs more than one year before the expiration of the term, the Council, within thirty days after the vacancy occurs, shall call an election to fill the vacancy. The election shall be held according to the timetable and procedures established by state law for filling of vacancies in elected local offices. The appointee shall serve until the office is filled by the vote of the qualified electors and the person assumes office. The appointee shall not be eligible to be a candidate for the election to fill the remainder of the unexpired term. If the Council does not make an appointment as required by this section within thirty days of the occurrence of the vacancy, the appointment shall be made by the Governor of the State of Louisiana. If an election is required and the Council fails to call the election within thirty days after the vacancy occurs, the Governor of the State of Louisiana shall call the election. The Parish Clerk shall give the Governor written notification forthwith if the Council does not take either action within the allotted time. Section Forfeiture of Office. 6

7 A Council member shall forfeit the Council office if such member during the term of office: (1) lacks any qualification for the office prescribed by this Charter, (2) is convicted of a felony under state or federal law and is adjudged so by final judgment, or (3) violates an express prohibition of this Charter. The Council, by ordinance, shall establish the procedure to effect the forfeiture. Section Organization of the Council. (A) (B) (C) (D) At the first meeting of a newly elected Council, the Council shall elect one atlarge member as chairman and any one of its other members as vice-chairman, both of whom shall serve at the pleasure of the Council. The chairman shall preside at all meetings of the Parish Council and shall be entitled to vote. In the absence of the chairman, the vice-chairman shall preside. The Council shall employ a Parish Clerk or shall require a parish employee designated by the Parish President to serve as Clerk. The Clerk shall give notice of the meetings of the Council, keep the journal of its proceedings, and perform such other duties as this Charter and the Council shall prescribe. The Council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. Unless notice is waived in writing, special meetings may be held on twelve hours' notice by the Clerk to each Council member upon the call of the chairman or of a majority of the members. The notice of special meetings shall contain a statement of the specific item or items of business to be transacted, and no other business shall be transacted at the meeting. All meetings shall be public. The Council shall determine its own rules and order of business and shall require the Clerk to keep a journal of its proceedings which shall be a public record. A majority of the Council members shall constitute a quorum, but a smaller number may adjourn from time to time and compel the attendance of absent members in such manner and subject to such penalties as may be prescribed by the rules of the Council. No action of the Council shall be valid or binding unless adopted by the affirmative vote of a majority of the Council members. Section Ordinances and Resolutions. (A) In addition to such acts of the Parish Council as are required by statute or by this Charter to be by ordinance, the enactment of any law by the Council shall be by ordinance, including but not limited to those which establish a fine or other penalty, provide for the raising of revenue, the expenditure of funds, the contracting of indebtedness, and any act adopted pursuant to agreement with a municipal corporation which would otherwise have required a municipal ordinance. A resolution may be used by the Council for purposes such as a formal expression of will of the Council; to authorize a person or persons to sign legal and financial documents for a project or purpose previously approved by 7

8 (B) (C) (D) ordinance; and as may be authorized by this Charter. The enacting clause of all ordinances shall be "The Jefferson Parish Council hereby ordains:". Every ordinance shall be introduced in writing, and after passage on first reading a summary shall be published in the official newspaper journal of the parish at least once together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least one week prior to the time advertised for the hearing. Proposed ordinances shall lay over at least six calendar days beginning the day after its introduction before being considered by the Council for final passage. No ordinance shall be declared invalid by reason of any defect in publication or title if the published summary gives reasonable notice of its intent. At the time and place so advertised, or at any time and place to which such hearing may be adjourned from time to time, all interested persons shall be given an opportunity to be heard with regard to the proposed ordinance. After the public hearing, the Council may pass the ordinance with or without amendment. An amendment to a pending ordinance shall not require any additional period of days to lay over before being considered by the Council for final passage. Upon passage of the ordinance by the Council, the ordinance shall be submitted to the President as follows: (1) Every ordinance adopted by the Council shall be signed by the presiding officer or the Parish Clerk. The Parish Clerk shall certify to its passage, and it shall be presented to the President within three days after adoption, excluding Saturdays, Sundays and holidays. The Parish Clerk shall record upon the ordinance the date and hour of its delivery to the President. (2) Within ten days after the President's receipt of an ordinance, excluding Saturdays, Sundays and holidays, it shall be returned to the Parish Clerk with the President's approval or with the President's veto. The Parish Clerk shall record upon the ordinance the date and hour of its receipt from the President. If the proposed ordinance is vetoed, the President shall attach to the vetoed ordinance a written statement of the reasons for the veto. If the proposed ordinance is not signed or vetoed by the President within ten days after receipt, excluding Saturdays, Sundays, and holidays, it shall be considered adopted. The veto statement shall be published in full in the official journal by the Parish Clerk as soon as practical thereafter. All ordinances vetoed by the President shall be vetoed in full, except that the President shall have the authority to veto individual appropriation items in the ordinances adopting the operating and capital budgets and amendments thereto. (3) Ordinances vetoed by the President shall be submitted to the Council by the Parish Clerk no later than the next regular meeting held after publication of the veto statement. Should the Council vote, not later than the second regular meeting held after receipt of the vetoed ordinance, to override the President's veto of the ordinance by the favorable vote of at 8

9 (E) least two thirds of its authorized membership, said ordinance shall be considered finally enacted and become law irrespective of the veto by the President. The procedure for overriding vetoed ordinances shall also apply to individual appropriation items in the operating and capital budgets vetoed by the Parish President. (4) The right of the President to veto as provided in this section shall apply to all ordinances adopted by the Council except ordinances: for reapportionments; for amendments to this Charter; establishing, altering or modifying Council procedure; appropriating funds for auditing or investigating any part of parish government; adopted pursuant to the initiatory and referendum procedures in Section 5.01; emergency ordinances; and, ordinances as may be otherwise exempt by this Charter. The President's veto authority shall not apply to resolutions. With the final approval of ordinances, such enacted ordinances shall be published in full or in summary at the Council's discretion in the official journal by the Parish Clerk within ten days after enactment. The effective date of any ordinance shall be prescribed therein, but the effective date shall not be earlier than 10 days after its enactment. (F) 1. To meet a public emergency affecting life, health, property or public safety, the Council may adopt an emergency ordinance at the meeting at which it is introduced, provided that no such ordinance may be used to levy taxes or special assessments; grant or extend a franchise; incur debt, except as provided in Section 2.07(F) (4); adopt or amend an official map, platting or subdivision controls or zoning regulations; or change rates, fees or charges adopted by the parish government. Each emergency ordinance shall contain a specific statement describing the emergency. 2. Any emergency ordinance adopted by the Council shall be presented to the President as soon as possible after its adoption. Before the end of the Council meeting at which an emergency ordinance is adopted, or within one hour of the President's receipt of an emergency ordinance, whichever is longer, it shall be returned to the Council with the President's approval, or with the President's veto. If the emergency ordinance is vetoed, the President shall attach to the vetoed ordinance a written statement of the reasons for the veto. If the proposed ordinance is not signed or vetoed by the President before the end of the Council meeting at which the emergency ordinance is adopted or within one hour of the President's receipt of the emergency ordinance, whichever is longer, it shall be considered adopted. If the emergency ordinance has been adopted, it shall become effective immediately. The Parish Clerk shall record upon the emergency ordinance the dates and hours of its delivery to and receipt from the President. Should the Council vote, not later than one hour after receipt of the vetoed emergency ordinance, to readopt the emergency ordinance by the favorable vote of at least two thirds of its authorized 9

10 (G) (H) membership, said emergency ordinance shall be considered finally adopted and become law immediately upon readoption, irrespective of the veto by the President. Upon final approval by the President, or the Council in case of a veto by the President, such adopted emergency ordinance shall be published by title in the official journal as soon as practical thereafter. 3. Emergency ordinances shall be effective for no longer than forty-five consecutive days after final adoption, except that the Council, by the favorable vote of at least two-thirds vote of its authorized membership, may extend the life of the emergency ordinance for a period not to exceed an additional thirty consecutive days. 4. To meet a public emergency affecting life, health, property or the public safety, the Council may make emergency appropriations. Such appropriations shall be made by emergency ordinance in accordance with the provisions of this Charter. To the extent that there are no available unappropriated funds to meet such appropriations, the Council may by such emergency ordinance borrow money in sums necessary to meet the emergency. The repayment of such sums shall be a fixed charge upon the revenues of the fiscal year next following the fiscal year in which the sums are borrowed. Each ordinance and resolution after adoption shall be given a serial number and shall be entered by the Clerk in a properly indexed report kept for that purpose. Within two years after adoption of this Charter the Council shall have prepared a general codification of all parish ordinances and resolutions having the effect of law. The general codification thus prepared shall be adopted by the Council in a single ordinance. After adoption the Council shall have the codification printed immediately in an appropriate manner together with the Charter and such rules and regulations as the Council may direct. Additions or amendments to the code shall be prepared, adopted, and printed at least every two years. ARTICLE 3. - THE PARISH PRESIDENT Section Election of the Parish President. (A) The Parish President shall be the chief administrative officer of the parish government and shall have the same qualifications and be elected at the same time, and for the same term as provided in Section 2.03 for the Council member elected at large. The compensation of the Parish President shall be fixed and may be changed by ordinance of the Council, provided that the ordinance shall not be passed during the last year of the term and that no change shall become effective during the term in which it is voted. The Parish President is a full-time official of the Parish of Jefferson. The Parish President shall work exclusively for 10

11 (B) (C) the Parish of Jefferson and shall perform no personal, professional, consulting or other services for compensation for any individual, business or entity. The Parish President may have passive investments and receive income from such investments. The Parish President shall not be entitled to sick or annual leave benefits. The President shall be a qualified elector of the parish at the time of qualification and shall have been legally domiciled and shall have actually resided within the parish for at least the one year immediately preceding the time established by law for qualifying for office. The President shall continue to be legally domiciled and actually reside within the parish during the term of office. Should the legal domicile and/or actual residence of the President change from the parish, the office shall automatically become vacant, which vacancy shall be filled as set out hereinafter. The office of President shall become vacant upon death, resignation, removal from office in any manner authorized by law, forfeiture of office, failure to take office, or as otherwise provided in this Charter. Within thirty days after the vacancy occurs, by a vote of a majority of the authorized membership of the Council, the office of the President shall be filled by appointment of a person meeting the qualifications for that office, to serve as Acting President. (1) If one year or less of the unexpired term remains when the vacancy occurs, the appointee shall serve the remainder of the term. The appointee shall not be eligible to be a candidate for the next full term for the office of President. (2) If the vacancy occurs more than one year before the expiration of the term, the Council, within thirty days after the vacancy occurs, shall call an election to fill the vacancy. The election shall be held according to the timetable and procedures established by state law for filling of vacancies in elected local offices. The appointee shall serve until the office is filled by the vote of the qualified electors and the person assumes office. The appointee shall not be eligible to be a candidate for the election to fill the remainder of the unexpired term. (3) If the Council does not make an appointment as required by this section within thirty days of the occurrence of the vacancy, the appointment shall be made by the Governor of the State of Louisiana. If an election is required and the Council fails to call the election within thirty days after the vacancy occurs, the Governor of the State of Louisiana shall call the election. The Parish Clerk shall give the Governor written notification forthwith if the Council does not take either action within the allotted time. Section Term Limitation of the Parish President. A President who has served more than one and one-half terms in two consecutive terms shall not be eligible to qualify as a candidate for President for the 11

12 succeeding term. Notwithstanding the imposition of the term limitation under the provisions of this section, an incumbent Parish President in his second or in any successive term may present a petition to waive the term limitation signed by the number of electors of Jefferson Parish as will equal in number not less than twenty percent (20%) of the total number of the electors in the Parish. The petition shall meet all requirements and shall be executed in conformance with all procedures as stated in Section 2.03 (E) of this Charter. Section Temporary Absence. (A) (B) (C) The President shall designate a qualified administrative employee of the parish to assume his duties and authority during periods of his temporary absence or disability. The President shall adopt a policy for implementation of these provisions. Disability of the President may be determined either by action of the President or by action of the Council as follows: (1) Whenever the President transmits to the Parish Clerk a written declaration stating inability to discharge the powers and duties of the office, and until the President transmits to the Parish Clerk a written declaration to the contrary, the office of President shall be filled in the same manner as in Section 3.02(A). (2) Whenever a majority of a panel of three qualified medical experts, designated by resolution adopted by the favorable vote of at least a majority of the authorized membership of the Council, transmits to the Parish Clerk its written declaration that the President is unable to discharge the powers and duties of the office, the Office of President shall be filled in the same manner as in Section 3.02(A). The person filling the office shall serve until a panel of three qualified medical experts, designated by resolution adopted by the favorable vote of at least a majority of the authorized membership of the Council, transmits to the Parish Clerk its unanimous written declaration that the President's disability has ended. The medical experts shall review the President's disability at least once every three months until such time as it has been determined by a unanimous vote of the three medical experts that the disability has ended. Should the President, due to disability, be unable to discharge the powers and duties of the office for a period exceeding six consecutive months, the Council shall have the authority upon the favorable vote of at least a majority of its authorized membership to declare the office of President vacant due to disability or to extend the disability for a period not to exceed an additional six consecutive months. However, the Council shall hold a public hearing on the issue before any such action. 12

13 (D) The person assuming the powers and duties of the President's office may receive the same compensation as the President while serving during the disability period. Section Powers and Duties. (A) (B) (C) The Parish President shall be the chief administrative officer of the parish and, as such, responsible to the Parish Council for carrying out policies adopted by the Council and for the administration and supervision of all parish departments, offices, agencies, and special districts. The Parish President shall not be responsible for, nor have authority to administer or supervise, the offices of Sheriff, Clerk of the District Court, Tax Assessor, or Coroner, except insofar as Section 4.02 and Section 4.03 of this Charter may be applied validly to those offices. The Parish President shall have the power to appoint and remove, subject to the provisions of this Charter, all administrative officers and employees of the parish responsible to him; or may, at his discretion, authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office subject to the provisions of this Charter. Except for the purpose of inquiry, the Council and its members shall deal with administrative officers and employees solely through the Parish President. Section Forfeiture of Office. The office of President shall be forfeited if during the term of office the office holder: (1) lacks any qualifications for the office prescribed by this Charter, (2) is convicted of a felony under state or federal law, and is adjudged so by final judgment or (3) violates an express prohibition of this Charter. The Council, by ordinance, shall establish the procedure to effect forfeiture. ARTICLE 4. - ADMINISTRATIVE ORGANIZATION Section Departments and Offices. (A) (B) The elected officers of the parish shall be nominated and elected as provided in the Constitution and laws of the State. There shall be departments of finance, personnel civil service, planning, law, an office of inspector general and such other departments, offices, and agencies within the framework provided by this Charter as may be established by ordinance after consultation with the Parish President. The Council may create offices or departments only upon recommendation of the Parish President. Section Financial Administration. 13

14 (A) (B) (C) There shall be a department of finance headed by a Finance Director appointed by the Parish President. The Finance Director shall be qualified by special training and experience in public finance. His duties shall include, but shall not be restricted to, the following: (1) To assist the President in the preparation and execution of the parish budget and capital program. (2) To assist the President and Council in negotiating loans and in the issuance and sale of bonds whenever this becomes necessary as a result of Council action. (3) To maintain records of parish indebtedness and have charge of the payment of the interest and principal thereon. (4) To have custody as ex-officio parish treasurer of all public funds belonging to or controlled by the parish or any parish department, office, agency, or special district except those of the parish School Board, law enforcement district, and of the 24th Judicial District and officers thereof. (5) To pre-audit all contracts, orders, and all other documents which incur financial obligation for the parish or for any of its departments, offices, agencies, or special districts to determine availability of funds and the legality of all financial transactions. (6) To administer a general accounting system for the parish and each of its departments, offices, agencies, and special districts and exercise financial budget control over each department, office, agency, and special district. (7) To prepare and submit financial reports as required by the Council or Parish President. (8) To administer a central purchasing system for the parish and each of its departments, offices, agencies, and special districts. The fiscal year of the parish shall begin on the first day of January and shall end on the last day of December of each calendar year. Not less than 60 days before the end of the fiscal year, the President shall recommend to the Council a proposed budget presenting a complete financial plan for the ensuing fiscal year. The total of proposed expenditures shall not exceed the total of estimated revenues and other funds legally available for expenditure. The budget document shall include all monies of the parish from whatever source, except where otherwise provided by state law. Also, the budget document shall include at least the following information: (1) Detailed estimates of all proposed expenditures for each department, office, agency, and special district of the parish relating such proposals insofar as practical to the units of work or service to be performed; and showing, in addition, the expenditures for corresponding items for the last preceding fiscal year, appropriations and anticipated expenditures for the current fiscal year and reasons for recommended departures from the current expenditure pattern. 14

15 (D) (E) (2) Statements of the bonded and other indebtedness of the parish and special districts, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds. (3) Detailed estimates of all anticipated income of the parish and each of its departments, offices, agencies, and special districts from sources other than taxes and borrowing, with a comparative statement of the amounts received from each of such sources for the last preceding fiscal year and the amounts expected to be received for the current fiscal year. (4) A statement of the estimated balance or deficit as of the end of the current fiscal year. (5) An estimate of the amount of money to be raised from current and delinquent taxes and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet proposed expenditures for the ensuing fiscal year. (6) A statement of all capital projects for the ensuing year and other proposed capital projects for at least the next five years, together with possible methods of financing them. (7) Such other supporting schedules as the Council may request, or are otherwise required by law. The proposed budget shall be summarized and advertised in the official parish journal, and within 30 days thereafter the Parish Council shall hold hearings on and thereafter adopt by ordinance the budget with or without amendments. All amendments must be approved by the favorable vote of at least a majority of the authorized membership of the Council. Upon failure of the Council to adopt a budget before the end of the current fiscal year, the budget for the current fiscal year shall continue in effect for no more than six months into the next fiscal year and expenditures shall be limited to no more that fifty percent of the amount appropriated for the current fiscal year. No money shall be drawn from the parish treasury nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriation. The Council, by ordinance, may transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund, or agency to another, unless otherwise prohibited by law. Any portion of the earnings or balances of the several funds other than sinking funds for obligations not yet retired, may be transferred to the general funds of the parish by the Council, unless otherwise prohibited by law. (F) (1) At the beginning of each quarterly period during the fiscal year, and more often if required by the Council, the Parish President shall prescribe for the ensuing period, allotments within appropriations and shall submit data to the Council showing the relation between the estimated income and expenses and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the President may further limit allotments and the Council may reduce appropriations, except amounts 15

16 required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the cash income. (2) The President may transfer, establish, or delete up to $10, from any expenditure account within an approved operating budget of a department, office, or agency except that no such action shall increase or decrease said budget. Any transfer, establishment, or deletion of $10, or more from any expenditure account within an approved operating budget of a department, office or agency must be approved by the Council, by resolution, except that no such action shall increase or decrease said budget. The Council, by ordinance, may modify the aforementioned dollar amount and may establish notification and justification procedures. (G) (1) Except in the purchase of unique or non-competitive articles, contracts for public works and purchases of supplies and materials, for the parish or for any of its departments, offices, agencies, or special districts shall be made on the basis of specifications and competitive bids. Formal sealed bids shall be secured for all such parish purchases when the transaction involves the expenditure of $10, or more. The Council, by ordinance, may amend the $10, limit except that it shall not exceed the maximum limit for the purchase of supplies and materials or public works contracts established by the laws of the State of Louisiana. The transaction shall be evidenced by written contract, purchase order, or like documentation submitted to and approved by the Council. The Council shall have the right to reject any and all such bids. The Council may authorize any parish department through its own employees and facilities or any other governmental agency to make any public improvements or to perform other public works without competitive bidding provided that any purchases made by the parish in connection therewith shall be by competitive bidding, in accordance with this section. The Council, by ordinance, may provide alternative contract and purchasing procedures in cases of public emergency. Purchasing and contract procedure not prescribed by this charter shall be established by ordinance. (2) The Council, by ordinance, shall establish a procedure which shall be used to evaluate and qualified persons and/or firms to provide professional, personal and consulting services, and such other services as may be specified by ordinance (3) The Council shall approve or reject all changes to contracts to which the parish or any of its departments, agencies, or special districts are parties, unless the Council provides otherwise by ordinance. The President shall submit to the Council a statement explaining the need for the change to the contract, the cost of such a change, and the source of any additional funds needed to accomplish the change. The Council shall by ordinance establish a procedure for the approval of changes to contracts. 16

17 (H) (I) (J) (K) (L) There shall be established by ordinance after consultation with the Finance Director and the Parish President a system of central accounting to be maintained by the Finance Director for the parish and each of its departments, offices, agencies, and special districts, which records all financial transactions of each; which reflects and reports the financial experience and condition of each; and which assures by pre-audit the legality and integrity of all financial transactions. The authority for accounting shall be centralized and such departmental and cost accounting systems as may be established and maintained shall be integrated with centralized general accounting controls which shall be set forth in their essentials by ordinance or recommendation of the Finance Director in keeping with generally accepted principles of governmental accounting and the requirements of law. The Council shall provide by ordinance, after consultation with the Finance Director and the Parish President a system of treasury management which will include procedures and controls for the receipt, custody, and disbursement of all funds belonging to, or under the control of the parish or any parish department, office, agency, or special district; for the custody of all bonds and securities of the parish and those of any of its departments, offices, agencies, or special districts. The Council shall designate a depository or depositories for such funds in accordance with law and shall require such security for parish deposits as it deems desirable and as is authorized or permitted by law. The Council shall provide for the continuing or periodic independent post-audit of the accounts and other evidences of all financial transactions of the parish, including those of all parish departments, offices, agencies, and special districts. Auditors shall be designated by the Council, shall be without personal interest in the affairs subject to audit, shall be qualified by training and experience, and shall be certified public accountants. The Council may accept audits by the State, if such are made, that satisfy the requirements of this section. Either the Council or the President may at any time order an examination of the accounts of any department, office, agency, or special district of the parish. No parish official or employee shall vote upon or otherwise participate in any financial transaction of the parish, or of any of its departments, offices, agencies, or special districts, if he has any direct or indirect financial interest in such transaction. Willful violation of this section shall be grounds for removal from office. Such officers and employees as the Parish Council may designate shall give bond in the amount and with the surety prescribed by the Council. The bond shall not be recorded in the office of the Clerk of the District Court nor shall act as a legal mortgage against the property of the principal or surety thereon. The premiums on the bonds shall be paid by the parish. Section Personnel and Civil Service Administration 17

18 (A) It shall be the policy of the parish to employ those persons best qualified to perform the functions of the parish and to foster effective career service in parish employment. All appointments and promotions in the service of the parish and of each of its departments, offices, agencies, and special districts shall be made on the basis of merit and fitness, which shall be determined, insofar as practicable, by competitive test except that the following shall be in the unclassified service and shall not be subject to the provisions of Section 4.03 (C), (D) and (E), or any rules adopted pursuant thereto regarding appointment, promotion, discipline and dismissal: (1) The Parish President. Employees in the service of the Office of the Parish President. (2) Employees in the service of the Offices of councilmembers. (3) The directors of departments and heads of principal offices provided that the procedures prescribed in Section 4.03 E(2) shall apply to the appointment of the Personnel Civil Service Director. (3 4) The Parish Clerk. (4) Members of boards and other unpaid bodies who are not parish employees. (5) Organizations and their employees and other persons who are engaged by the parish on a contractual basis. (6 5) The Parish Attorney and his legal assistants employees in the service of the Parish Attorney. (7) The Inspector General and his assistants (B) (1) The appointment, promotion, discipline and dismissal of employees in the service of the elected officials subject to this Charter shall be made by the elected officials rather than the Parish President, but, nevertheless, shall be subject to the provisions of this Section (2) The appointment, promotion, and dismissal of employees in the service of the Inspector General shall be made by the Inspector General rather than the Parish President, but, nevertheless, shall be subject to the provisions of this Section (C) There shall be a personnel civil service department consisting of a Personnel Civil Service Director, who shall be the executive head of the department, and a Personnel Civil Service Board, which shall be policy making and quasi-judicial in nature. (1) The Personnel Civil Service Director shall be appointed, and may be removed, by the Personnel Civil Service Board. The Personnel Civil Service Director shall be qualified by special training and experience in public personnel administration and shall be responsible to the Board for the administration of the personnel civil service system for the parish, including all parish departments, offices, agencies, and special districts in accordance with personnel civil service rules adopted pursuant to this section. The Civil Service Director shall be in the unclassified service. The 18