As provided by LRS 33:406(A)(1), any law enacted by a board of aldermen shall be in the form of an ordinance. This applies to all municipalities which operate under the Lawrason Act (LRS 33:321 et seq). Ordinances have the force and effect of law. They may be styled in similar form and wording to already enacted state laws, but cannot be more restrictive than current state law. Ordinances may cover almost any subject matter, but care must be taken that no individual’s constitutional rights, either state or federal, are violated. Resolutions are different from ordinances in that they have no effect of law, but merely state an opinion of the board of aldermen.

Ordinances serve a variety of functions. They may be used to set out the procedures for the operation of the municipality, such as personnel policies, hours of operation, benefits, and salaries. Ordinances can also be used to enact rules and regulations, such as criminal statutes, zoning laws and other related purposes. The existence of ordinances also enables a municipality to collect funds for the treasury. These can be in the form of taxes, user fees, and even fines for criminal violations. For example, in order for a municipality to collect fines for traffic violations, an ordinance must be in place which would give the police officer statutory authority to cite a violator for a local violation. If no ordinance for a particular offense is enacted, then the citation must be written as a violation of state law and any fines paid would be placed in the state treasury, not the local treasury.

LSA R.S. 33:406(D)(1) charges the municipal clerk with the task of keeping the ordinance book. The book shall be entitled "Ordinances, City (or Town, or Village) of ....." In this book the clerk shall file the original of every ordinance which has been adopted by the board immediately after its passage and attach a note to the ordinance stating the date of its enactment and a reference to the book and page of the board’s minutes containing the record of its adoption.

The Lawrason Act requires that certain actions taken by the municipality must be in the form of ordinances. LRS 33:404.1 requires that the board of aldermen shall by ordinance fix the compensation of the mayor, aldermen, clerk, chief of police, and all other municipal officers. The increase or decrease of the compensation of any non-elected municipal officer or elected official must also be enacted by an ordinance. This may be done by merely amending the existing ordinance. LRS 33:404(5) assigns the mayor the duty of preparing and submitting an annual operations budget and capital improvements budget for the municipality to the board of

aldermen. Any act of the board which would provide for the appropriation of funds, the incurrence of debt, or the issuance of bonds or other evidences of indebtedness shall be by ordinance (LRS 33:406(3)).

As stated above, an ordinance has the effect and force of law. A resolution merely states the opinion or intentions of the board. Therefore, any act of the board which is not law shall be made by a resolution. A resolution shall be approved by an affirmative vote of a majority of the members present at a meeting. No resolution shall require the signature or other action of the mayor to become effective. In most cases, a mayor does not have veto power over resolutions adopted by the board. An exception is found in LRS 33:406(A)(3) which provides that the board may by resolution adopted by a majority of the members of the board require the expenditure of funds previously appropriated. This type of resolution must then be presented to the mayor within three (3) days after its adoption for his approval or disapproval following the procedures outlined below. The mayor may not veto a motion under any circumstances.

LRS 33:406(B)(1) reads that a proposed ordinance may be introduced by any alderman at any board meeting. Each proposed ordinance shall:

1. Be in writing,

2. Shall contain only one subject which shall be indicated in its title (except for ordinances involving the annual operating budget, capital improvement budget, or a codification of municipal ordinances).

After a proposed ordinance has been introduced, copies of it shall be provided to all members of the board and the mayor (LRS 33:406(B)(2)). The title of the proposed ordinance, (except ordinances enacted in cases of extreme emergency - LRS 33:405(D)) shall be published once in the municipality’s official journal. The notice shall contain the time and place where the board will consider its adoption. No ordinance, except those enacted under LRS 33:405(D), shall be adopted until a public hearing is held. The notice should also contain the time and place of the public hearing.

It is important to emphasize that no ordinance, except one authorized by LRS 33:405(D), can be adopted at the meeting at which it is introduced.

After the public hearing is held and public comments heard, the proposed ordinance is now ready for consideration by the board. A proposed ordinance can be amended before final consideration (LRS 33:406(B)(3). To amend an ordinance, each proposed amendment shall be presented in writing or reduced to writing before a final vote is taken on the ordinance. An amendment shall not nullify the purpose of the proposed ordinance nor, except for those involving budget and money matters, add a new subject to it.

After a vote is taken on any proposed amendments, the board may vote for final passage. A proposed ordinance shall be read by the title when called for final passage. The vote on an

ordinance at final passage shall be taken by "yeas" and "nays". The municipal clerk shall enter the names of the aldermen voting for and against each proposed ordinance or amendment in the municipal minutes (LRS 33:406(B)(4).

LRS 33:406(C)(1) requires that every ordinance adopted by the board shall be signed by the municipal clerk and presented by the clerk to the mayor within three days after its adoption.

1. The mayor, within ten days of receipt of an ordinance, shall return it to the clerk with or without his approval or with his disapproval.

2. If the ordinance is approved by the mayor or returned with neither his approval nor disapproval, the ordinance becomes law upon return to the clerk.

3. If the mayor fails or refuses to return an ordinance to the clerk within ten days of receipt of the ordinance, it shall become law at midnight of the tenth day after the receipt of the ordinance by the mayor.

4. If the mayor disapproves the ordinance, he shall, within ten days after receipt of the ordinance, return the ordinance along with his written statement of reasons for his veto to the municipal clerk for transmittal to the board of aldermen.

LRS 33:406(C)(3) allows the board of aldermen to reconsider an ordinance which has been vetoed by the mayor. An ordinance which has been vetoed shall be considered again by the board of alderman at its next regular meeting after the veto. The board may vote on the ordinance at that meeting or at a continuance of that meeting. In order to override a mayoral veto, the following rules apply:

1. If a board consists of three (3) members, an affirmative vote by all board members shall be required to override a veto.

2. If a board consists of more than three (3) members, an affirmative vote of two-thirds of the board’s members shall be required to override a veto.

The two-thirds vote of the board must comprise the entire board, not two-thirds of the members present at the particular meeting. If a board overrides an ordinance vetoed by the mayor, the ordinance becomes law upon its enactment by the board.

Additional steps are required to be taken to ensure the proper enactment of a municipal ordinance. After adoption, the clerk shall publish each ordinance adopted by the board once in the municipality’s official journal within twenty days of its adoption and prior to its effective date, except as otherwise provided in LRS 33:405(D) and (LRS 33:406(D)(2)).

Unless an ordinance specifies an earlier or later effective date, it shall take effect on the thirtieth day after the meeting in which the ordinance was adopted (LRS 33:406(E)).

Only the board may suspend an ordinance, and then only by the same vote and, except for mayoral veto, according to the same procedures and formalities required for enactment of that ordinance. After January 1, 1986, every resolution suspending an ordinance shall fix the period of suspension, which shall not exceed beyond one year and thirty days after the date of the meeting in which the ordinance was suspended.

EMERGENCY ORDINANCES - LRS 33:405(D)(1) & (2)

In cases of extraordinary emergencies, such as a natural disaster, civil disturbances, or other reasons as defined in LRS 42:6.1(5), the mayor or any alderman may call an emergency meeting of the board of aldermen. The members of the board and the mayor shall be notified of the meeting in the most practicable manner available, and the purpose of the meeting may be stated in general terms. Notice of the meeting shall be given through the process outlined in LRS 42:7.

The board may adopt an ordinance in any emergency meeting that it has not previously considered. The ordinance shall:

1. Specify the nature of the emergency; and

2. A two-thirds vote of the members of the board shall be required for its adoption.

No emergency ordinance can continue in force for more than sixty days and any emergency ordinance that specifies a longer duration or no duration shall become void sixty days after it becomes effective.

It is imperative that all the requirements involved in enacting an ordinance as outlined in LRS 33:406 be followed. Failure to follow these procedures could cause the ordinance to be challenged and ruled null and void by a court of law. However, any ordinance which is enacted is considered effective unless it is challenged and a court rules otherwise.

If you feel that your municipality has an ordinance which may have been enacted without following these procedures, please consult with you municipal attorney. Should you have any questions, please feel free to contact me by phone at (225) 344-5001 or toll free at (800)234-8274. You may contact me in writing at the Louisiana Municipal Association, Post Office Box 4327, Baton Rouge, Louisiana 70821-4327.