Two objectives were carried forward consistently throughout the document and are represented on the very first page in the Preamble--the extension of home rule authority to its maximum permissible limits and the use of gender-neutral language.

Ethics
Section 3-105(2) prohibits any person appointed to fill a vacated Council seat from running for that seat at the next election, thereby preventing "insider" appointees from having an unfair advantage over others running for the vacant seat.

Section 3-106 provides for the removal from office of a Council member convicted of a felony or recalled by the voters. Similar provisions in 4-205 provide for the removal from office of a Mayor convicted of a felony, recalled by the voters, or disabled from serving.

Section 3-124(1) extends the City Councils power to conduct investigations to any entity funded in whole or in part by City revenues.

Section 4-204(3) provides that a Council member serving as acting Mayor may vote to break a tie and may vote on an ordinance requiring a two-thirds vote of the Council, thereby putting an end to the practice by which a Mayor might prevent a Council member from voting on a veto override by designating the Council member to serve as acting Mayor during the Mayors absence.

Section 4-404 requires the functions of a city notary to be performed in-house by salaried personnel of the Law Department rather than by outside counsel, except where a special need is certified by a two-thirds vote of the City Council. This change will put an end to the patronage practice by which private attorneys are designated to receive fees for city notarial work; instead, the fees paid for notarial services will be deposited into the general fund of the City.

Section 6-308(5) requires for the first time that City contracts for professional services be awarded on the basis of a competitive selection procedure established by executive order of the Mayor or in rules adopted by the City Council.

Section 9-310 retains the current Charter provision limiting the City of New Orleans to one land-based gambling casino.

Section 9-401 authorizes the City Council to establish by ordinance an Office of Inspector General.

Section 9-402 requires the City Council to establish by ordinance an Ethics Review Board, whose members will be nominated by the university presidents and appointed by the Mayor subject to approval of the City Council. Section 9-402 also requires the City Council to establish by ordinance a City Code of Ethics incorporating the ethical standards of the State Code of Ethics and whatever additional requirements the Council may deem appropriate.

Fiscal Responsibility
Section 6-101 establishes for the first time a Revenue Estimating Conference composed of representatives from the executive branch, a member of the Council, and a college or university faculty member with expertise in forecasting revenues. Decisions by the Revenue Estimating Conference must be unanimous. Its official forecast will identify revenues available for budgeting purposes each year.

Article VI, Chapter 2 modifies several accounting funds to provide for conformity with generally accepted accounting principles.

Governmental Reorganization
Sections 3-102 and 4-201 would allow the City to change the inauguration date for the Mayor and members of the City Council from the first Monday in May to the third Monday in January, beginning in the year 2006. If implemented, this would allow elections to be held in October and November and the campaign to be concluded before the year-end holiday season, rather than on its current timetable which has campaigns running from Thanksgiving through Mardi Gras.

Section 3-103(2) establishes a Council Redistricting Commission to redraw Council district boundaries every ten years if the City Council fails to do so within six months after the delivery of census data. The Commission would consist of the six university heads or their designees and a designee selected by each member of the City Council. This same section requires that each member of the Redistricting Commission must be "an elector of and domiciled in the City of New Orleans." Similar requirements of domicilary status and voting in New Orleans are added by other proposed Charter revisions to most boards, commissions, and agencies of City government.

Section 4-109 acknowledges for the first time in the Charter that public benefit corporations and other entities authorized under state law may be created for public purposes.

Section 4-901 renames the Department of Streets as the Department of Public Works and assigns to it the responsibility for coordination of construction, maintenance, and other public works projects of the City.

Section 4-1101 renames the Department of Welfare as the Department of Human Services and provides for the Director to be appointed by the Chief Administrative Officer rather than the Welfare Board, which is eliminated.

Section 4-1701 converts the Parkway and Parks Commission into the Department of Parks and Parkways.

Section 4-1201 eliminates Charter references to the Board of Health, which has not been in operation since the 1970's. Section 4-1204 establishes qualifications for a Health Officer to serve in the Department of Health.

Section 5-101 converts the lifetime terms of citizen members on the Board of Liquidation, City Debt to fixed terms and provides for a nominating committee consisting of the six university presidents and the president of the Board of Liquidation. All new appointees must be domiciled in and electors of the City of New Orleans.

Sections 5-801 through 803 specifically recognize in the Charter for the first time the powers, duties, and functions of the Audubon Park Commission and provide for administration of the Commission.

Section 9-201(2) provides for greater flexibility in the reorganization of City government by authorizing the Mayor to initiate and the Council to approve amendments to certain Article IV executive branch agencies. See also Section 4-103(2).

Mayor and Council Powers
Section 3-104(1) requires that each member of the City Council be "a qualified elector of and domiciled in the City." Section 4-202 establishes the same voting and domicile requirements for the Mayor.

Section 4-206 updates the list of mayoral powers and duties by adding explicit references to the improvement of housing and neighborhood conditions, the fostering of economic development, coordination among criminal justice agencies, and compliance with environmental and safety laws.

Section 3-105(3) retains the two-term limit on service as a Council member. Section 4-201 imposes the same two-term limit on service as Mayor.

Section 3-127 authorizes the City Council to create advisory committees, which shall have no employees and whose members shall not be paid.

Sections 3-128 through 3-131 move the Councils regulatory power over utilities from the present location in Article IV of the Charter (the Executive Branch) to Article III, which is the Councils general statement of powers.

Section 6-308(5) authorizes the Council President to sign certain contracts approved by motion of the Council.

Zoning
Section 3-126 regulates for the first time the use of moratorium ordinances, authorizing their use but limiting their duration to an initial period of one year and a 180-day extension with the possibility of an additional 180-day extension.

Section 4-704 of the current Charter is relocated to Section 5-409, thereby moving the Board of Zoning Adjustments from the Department of Safety and Permits to the City Planning Commission where the Boards decisions will be staffed and guided by personnel who bear the primary responsibility for maintenance of the Citys Zoning Ordinance.

Sections 5-404(4) and 5-406(2) provide that the City Planning Commission must review the Master Plan and Zoning Ordinance every ten years.

Historic Preservation
Sections 4-1901 and 1902 add to the Charter specific mention of the Central Business District Historic District Landmarks Commission. Sections 4-2001 and 2002 add to the Charter the New Orleans Historic District Landmarks Commission.

Section 5-701 requires for the first time that at least one mayoral appointee to the Vieux Carré Commission be domiciled within the Vieux Carré. It also provides new language acknowledging that the Vieux Carré Commission is constitutionally created under both the 1921 and 1974 Louisiana Constitutions and that it can only be modified by constitutional amendment.

Citizens Rights
Article II, Chapter 2 establishes for the first time in the Home Rule Charter a Bill of Rights that is aspirational in nature and that reflects the beliefs, convictions, and goals of the citizens of New Orleans. Section 2-202 recites several assurances reflective of those aspirations, including nondiscrimination on the basis of various factors, guarantees of free expression, and a commitment to protect historic and environmental resources. Section 2-202(11) protects the City from liability for any of the aspirations stated in the Bill of Rights.

Section 3-107(3) provides for public "notice and comment" rulemaking by the City Council. Section 4-107(3) imposes the same obligation on the executive branch agencies of City government. Before the City Council or any City agency can adopt regulations, the proposed regulation must be published in the official journal, thereby assuring public participation in the promulgation of regulations by giving notice and an opportunity for citizens to comment on the proposed regulation prior to its adoption.

Governmental Cooperation
Section 5-302 requires the Sewerage and Water Board to coordinate its repair, maintenance, and construction projects with City agencies in order to minimize the disruption of city streets, sidewalks, and other public spaces.

Section 9-314 encourages cooperative endeavor agreements between City agencies and other public and private entities by requiring an annual review of opportunities for cooperation.

Responsible Government
Section 3-114(2) establishes a procedure for the removal of ordinances from the City Code when they have been declared unconstitutional or illegal by a final judicial decision.

Section 3-122 provides for the selection of an official journal and the option of publishing some notices electronically or in a register, all pursuant to public bid and competitive selection procedures.

Section 4-1504 revises the civil service provisions of the Charter to conform more closely with constitutional requirements.

Article VIII is extensively revised to incorporate numerous constitutional safeguards relative to the City Department of Civil Service. None of these provisions become operative except in the unlikely event that the constitutionally authorized civil service system ceases to be legally effective.

Section 10-121 provides that the proposed Charter amendments become effective on January 1, 1996.

Advocates of Responsible Urban Policy
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New Orleans, Louisiana 70130