Section 9-102. Organization.
(1) Except as otherwise provided by applicable Sstate or municipal law, the terms of all appointments made to boards shall expire on June 30th of the year of such expiration.
(2) Annually at the first meeting on or after July 1st each year, each board shall elect from its members a chairman, a vice-chairman, and may appoint a secretary, and such other officers as it shall deem necessary and proper, all of whom shall serve until June 30th of the following year or until their successors have been elected and qualified ,except as otherwise provided by applicable state or municipal law .
(3) Officers of boards may be removed from their offices by an affirmative vote of a majority of the members of the board at any regular meeting, or at a special meeting if the call for such meeting shall have stated the removal as one of the purposes thereof.
(4) Members of boards shall serve without compensation but may receive reimbursement for expenses incurred in the conduct of the official business of the board.
(5) Each board shall set forth in its rules the time, date, and place of its regular meetings.
(6) The secretary of each board shall keep a minutes of its transactions which shall at all times be available for public inspection.
Section 9-103. Power of Delegation.
Boards may delegate powers of appointment, determination of compensation, discipline or removal to their executive officers; provided, that all personnel actions so delegated shall be reported promptly to the board and such actions shall become null unless approved by the board within sixty days of the date of the action.
Section 9-104. Appointment and Removal of Board Members.
(1) If the appointment of a board member requires approval of the Council, such approval shall be granted only by the affirmative vote of a majority of all members of the Council.
(2) A member of a board may be removed by the appointing authority which appointed him, provided that such removal shall be only for reasonable cause set forth in writing. Any member so removed shall have reasonable opportunity to be heard publicly before the Council, and in such event the removal shall be effective only if approved by a majority of the Council.
(3) A board member for whose office there exists residence or domicile requirements shall forfeit his the office immediately upon the removal of his residence or domicile in a manner that would render him the board member no longer qualified for appointment to the office which he holds held.
Section 9-105. Vacancies.
A vacancy on a board shall be filled in the same manner as the member was originally appointed, provided that appointment to fill a vacancy shall be only for the unexpired term.
Section 9-106. Prohibited Activities of Board Members.
(1) No member or officer of a board shall borrow money or receive anything of value from any contractor doing business with the board under the penalty of dismissal from the board. No member, officer, or employee of any board shall have any interest in any contract let by the board. Any member of any board who is a director or stockholder in any corporation, or who is an agent or attorney for any person who is financially interested in any subject before the board, shall reveal such interest to the board and shall not discuss or vote on the subject at any meeting of the board or any of its committees.
(2) Any member of a board who shall qualify as a candidate for any public elective office or who shall accept an appointive office or position of public employment for which compensation is paid, by the City of New Orleans shall forfeit his membership on the board.
The provisions of this paragraph shall not apply to ex officio board members nor to any board member who serves in such capacity by virture of an elective office in city government.
Section 9-107. Quorum.
A majority of the existing membership of a board shall constitute a quorum. All actions taken by boards shall require the affirmative vote of the majority of the existing members thereof, provided that regulations may be adopted only upon the affirmative vote of two-thirds of the existing members thereof. The Mayor or, in the Mayor's absence, the Chief Administrative Officer shall not be counted as a part of the existing membership of a board under this section, but if present, may be counted to establish a quorum or required vote.
AMENDMENTS TO THE CHARTER
Section 9-201. Method of Amendment
Section 9-202. Calling of an Election
Section 9-203. Results of Election
Section 9-201. Method of Amendment.
(1) Except as provided in subparagraph 2 of this section, this This Charter may be amended or replaced only by the affirmative vote of a majority of the qualified electors of the City voting upon such amendments or proposed Charters. Proposals to amend or replace this Charter by the affirmative vote of a majority of the qualified electors of the City voting thereon may originate only in the following manner:
(a) By ordinance of the Council.
(b) By petition of not less than ten percent or ten thousand, whichever is fewer, of the duly qualified registered voters of the City filed with the Council, setting forth the proposed amendments or substitute home rule Charter.
This method of amendment shall apply to the entirety or any portion of this Charter.
(2) Except for the sections pertaining to the Mayor, the Chief Administrative Office, and the Departments of Law, Police, Fire, Finance, and City Civil Service, amendments to Article IV of this Charter to rename or reassign powers or functions of departments or boards or to consolidate, subdivide, reorganize, or abolish departments or boards may be initiated by an executive order of the Mayor, which shall be published once in the official journal and submitted to the Council on or before the date of such publication for public review and comment. The Council shall hold a public hearing on the proposed amendment. The Council shall not alter the terms of the proposed amendment, but may vote to approve or disapprove the measure. If approved by a majority vote of the entire membership of the Council, the amendment shall become legally effective upon certification by the Clerk of the Council or at a later date if so specified in the executive order. If disapproved by a majority vote of the entire membership of the Council, the amendment shall not become legally effective. If the Council neither approves nor disapproves within sixty days of the date of publication of the executive order, the amendment shall become legally effective upon the expiration of such sixty days or at a later date if so specified in the executive order. Any amendment thus adopted shall be published promptly after its adoption in the official journal, and duly authenticated copies of the amendment shall be filed promptly by the City Attorney in the offices of the Secretary of State, the Recorder of Mortgages, and the Clerk of Council. This method of amendment may not be utilized during the last year of a term in office for the Mayor and members of the City Council.
Section 9-202. Calling of an Election.
(1) Any ordinance of the Council providing an for amendment to of the Charter or a substitute charter shall provide that the ordinance shall be submitted to the electors of the City at the next primary or general election for members of Congress, Mayor of New Orleans, or Governor of Louisiana to be held in the City, provided that the date of such election is not less than ninety days after the effective date of such ordinance, or if the public interest so requires, at a special election called for that purpose, the date of which shall be fixed at not less than ninety days after the effective date of such ordinance.
(2) Within sixty days of the receipt of a petition proposing an amendment to the Charter or a substitute charter, the Council shall provide by ordinance that the proposed amendment or substitute charter shall be published at length in the official journal not less than sixty days prior to the election, and shall be submitted to the electors of the City at the next Congressional election first available election for members of Congress, Mayor of New Orleans, or Governor of Louisiana, if the date of such election is not less than ninety days after the effective date of such ordinance, or when the petition so demands, at a special election called for the purpose, the date of which shall be fixed at held on the first available election date not less than ninety nor more than one hundred twenty days after the effective date of such ordinance.
Section 9-203. Results of Election.
(1) Any amendment to the Charter or substitute charter approved by a majority of the electors of the City voting on same shall become effective at the time and under the conditions fixed in such amendment or substitute charter, but not until duly authenticated copies thereof have been filed by the Mayor City Attorney within thirty days after said election in the offices of the Secretary of State and Recorder of Mortgages for the Parish of Orleans, provided that no substitute charter or amendment abolishing any elective office, reducing the remuneration, or shortening the term thereof, shall become effective until after the expiration of the current term of the incumbent officials elected to such office.
(2) The City Attorney shall file authenticated copies of approved Charter amendments as required herein within thirty days after the election at which the amendments were approved or within the time period required by applicable state or municipal law if such time period is less than thirty days. The City Attorney shall also cause to be published in the official journal the full text of any amendment approved pursuant to the provisions of this Charter.
MISCELLANEOUS PROVISIONS
Section 9-301. Title to Property
Section 9-302. Leases and Concessions
Section 9-303. Facsimile Signatures
Section 9-304. Annual Reports
Section 9-305. Reconstitution of Government in Event of Disaster
Section 9-306. Penalties for Violations
Section 9-307. General and Specific Provisions
Section 9-308. Officials to Serve Until Successors are Elected
Section 9-309. Prohibited Activities of Officers and Employees
Section 9-309.1 310. Limitation on Number of Casinos
Section 9-310 311. Retention of Rights
Section 9-311 312. Severability Clause
Section 9-312 313. Rejection of Bids
Section 9-314. Cooperative Endeavors
Section 9-301. Title to Property.
(1) All public property held by the City of New Orleans or by any officer, department or board of the City of New Orleans at the effective date of this charter or by any association or corporation performing municipal functions or recieving an appropriation from the general fund at the effective date of this charter shall be property of the City.
(2) Title to all property acquired under this Charter by any officer, department or board shall be vested in the City.
Section 9-302. Leases and Concessions.
No lease or concession shall be granted to any corporation in which one or more City officers, employees, or board members hold or control the majority financial interest.
Section 9-303. Facsimile Signatures.
Whenever any person is required to sign negotiable instruments or multiple bonds, the signature may be a facsimile.
Section 9-304. Annual Reports.
(1) Not later than sixty days after the close of the fiscal year, each office, department or board shall make an annual written report of its activities to the Chief Administrative Officer in such form and under such rules as he may be prescribed by the Chief Administrative Officer.
(2) Not later than one hundred twenty days after the close of the fiscal year, the Chief Administrative Officer shall make an annual written report to the Mayor concerning the activities of all offices, departments and boards, and the Mayor shall then transmit a copy thereof to the Council.
(3) A copy of all annual reports required under this Section shall be filed in the archives of the City.
Section 9-305. Reconstitution of Government in Event of Disaster.
In case of public disaster resulting in the death or disability of the Mayor or the majority of the Council, the remaining members of the Council shall successively appoint a sufficient number of additional members to fill the vacancies therein which have been created. Such appointees shall to the extent practicable possess the qualifications required for original membership on the Council. The Council so constituted shall proceed to elect one of its members as Mayor if that office is vacant. The Council shall then fill the vacancy created by such election.
Section 9-306. Penalties for Violations.
(1) The Council shall by ordinance provide for punishment of penalties for willful violation of any provisions of this Charter and may provide for penalties of for violations of its ordinances, rules and regulations. The Council shall have authority to provide for imposition of the maximum fines and terms of imprisonment allowed by law for such violations. which in no event shall exceed the maximum fines or terms of imprisonment, or both, which may be imposed by the Municipal Court of New Orleans, as provided by applicable State Law. The Council may further provide that in default of the payment of the fine the violator shall be sentenced to serve a term in jail for a term not to exceed an additional thirty (30) days. The Council may provide that in the event of violation of safety ordinances or regulations, each day's offense shall constitute a separate offense, and may provide for penalties to be imposed separately for each day of such offense.
(2) Penalties imposed by the Council for traffic violations shall not exceed the maximum fines or terms of imprisonment, or both, which may be imposed by the Traffic Court of New Orleans as provided by applicable State Law or in the absence of applicable State Law, not in excess of the fines or terms of imprisonment, or both, which may be imposed by the Municipal Court of New Orleans. The Council may further provide that in default of the payment of the fine the violator shall be sentenced to serve a term in jail for a term not to exceed an additional thirty (30) days.
(2) The Council may by ordinance and in accordance with applicable state or municipal law provide for procedures, rules, or orders to facilitate enforcement of the provisions of this Charter, ordinances, rules or regulations or to complement the penalties established for violations of this Charter, ordinances, rules or regulations of the City of New Orleans.
Section 9-307. General and Specific Provisions.
To the extent that any specific provision contained in this Charter conflicts with any general provision, the specific provision shall prevail.
Section 9-308. Officials to Serve Until Successors are Elected.
Each elected official and each appointed official of the City shall serve until his a successor has been elected or appointed and qualified.
Section 9-309. Prohibited Activities of Officers and Employees.
No officer or employee of the City shall have a financial interest in any contract with the City. For the purposes of this section, "contract" shall mean a remunerative contract to provide goods or services to the City or for public work and shall not include a contract with the City which a city officer or employee is required to execute in order to receive state or federally funded grants, loans, or other public assistance, nor shall it include an incentive, benefit, or compensation approved by the Civil Service Commission.
Section 9-309.1 310. Limitation on Number of Casinos.
If authorized by law, permits may be issued by the City of New Orleans for the establishment of gambling casinos; provided that, unless it is otherwise provided by applicable and preemptive State law, no more than one land based gambling casino shall be permitted in the City of New Orleans. The casino shall be permitted only on land owned by the City of New Orleans in the area generally bounded by Poydras Street, Tchoupitoulas Street, Canal Street, and Convention Center Boulevard, known as the Rivergate site.
Section 9-310 311. Retention of Rights.
All remedies, processes, privileges, preferences and immunities enjoyed by the City of New Orleans prior to the effective date of this Charter under the Constitution and statutes of this State for the protection, enforcement and collection of taxes, special assessments, and other rights, shall continue to be available to the City.
Section 9-311 312. Severability Clause.
If any part of this Charter is for any reason declared unconstitutional or invalid, the other separable parts hereof shall not be affected thereby.
Section 9-312 313. Rejection of Bids.
In all sales or purchases of property the City may reserve the right to reject all bids.
Section 9-314. Cooperative Endeavors.
(1) The City of New Orleans may enter into cooperative endeavors with the state or its political subdivisions or political corporations, with the United States or its agencies, or with any public or private association, corporation, or individual with regard to the procurement and development of immovable property, joint planning and implementation of public works, joint use of facilities, joint research and program implementation activities, joint funding initiatives, and other similar activities in support of public education, community development, housing rehabilitation, economic growth, and other public purposes.
(2) In order to further these objectives, each department and board of City government shall prepare within sixty days following the first day of each calendar year a report to the Mayor regarding opportunities for coordination between the department or board and other entities as previously enumerated in this section. Within thirty days following the receipt of such reports, the Mayor shall direct such departments or boards as the Mayor deems appropriate to initiate discussions with certain specified entities relative to cooperative endeavor agreements. Each department or board so directed shall within sixty days thereafter report to the Mayor on the status of discussions regarding cooperative endeavor agreements. Copies of the Mayor's directives to initiate discussions and copies of the status reports from the departments or boards shall be provided to all members of the City Council and to the City Council Chief of Staff.
(3) The Mayor and an authorized official of the other entity or entities shall sign each cooperative endeavor agreement thus negotiated. Any proposed cooperative endeavor agreement having a term greater than one year shall, prior to its execution by the Mayor, be published once in the official journal and submitted to the Council for approval, but not modification, by a majority of its entire membership.
Section 9-401. Office of Inspector General
Section 9-402. Ethics
Section 9-401. Office of Inspector General.
The Council may by ordinance create an office of Inspector General and otherwise provide with respect thereto.
(1) Prior to July 1, 1996, the Council shall by ordinance establish an Ethics Review Board and shall authorize it to enforce the provisions of the Code of Ethics. Six members of the Board, all of whom are domiciled in and electors of the City, shall be appointed by the Mayor from lists of three nominees each submitted by the presidents or chancellors of the public and private universities located within the City of New Orleans, and one additional member shall be appointed by the Mayor, all appointments subject to approval by a majority of the members of the City Council. No member of the Ethics Review Board may hold any elective or appointed position with the City nor any other government or political party office. A vacancy on the Board shall be filled in the same manner as the original appointment. A member of the Board may be removed by the Mayor only for cause in accordance with the procedures established in Section 9-104 of the Charter and by the Council in accordance with the procedures and for the reasons established in Section 3-125 of this Charter. The City Council shall authorize the Ethics Review Board to establish additional recommendations for the Code of Ethics, to issue advisory opinions, to promulgate rules regarding the interpretation and enforcement of the Code of Ethics, to refer cases for investigation on referral or complaint, to retain counsel, and to impose fines.
(2) Prior to December 31, 1996, the City Council, upon recommendation from the Ethics Review Board, shall by ordinance establish ethical rules governing the conduct of City employees, elected officials, contractors, and other persons who are the recipients of public funds, who are engaged in the performance of a governmental function, or who are in a position to influence the conduct of City employees or officials. The Code of Ethics shall incorporate by reference and adopt the provisions of the Louisiana Code of Governmental Ethics and shall provide for such other, more stringent provisions as the Council may deem appropriate. The Code of Ethics shall prohibit the Ethics Review Board from hearing any alleged violation that constitutes a violation of the State Code of Governmental Ethics if the Ethics Review Board ascertains that the entity designated by the State to enforce said State Code has considered or is considering the alleged violation.
(3) Once adopted, the ordinances referenced in this section may be amended only by an ordinance receiving a two-thirds favorable vote of the entire membership of the Council.