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Local Government, Structure and Organization Ç 3A-
State and Local Government
in Louisiana: An Overview
2012-2016 Term
CHAPTER 3 — LOCAL GOVERNMENT
I
n addition to the executive branch agencies discussed in the previous chapter, the management of many of the public affairs of Louisiana citizens is handled by local government. The governing authorities of parishes, municipalities, and special districts assume a tremendous amount of responsibility for governance in important areas such as public safety, the use, development, and ownership of immovable property, and roads and other transportation matters.
This chapter focuses on three important aspects of local government:
- Part A presents information on the organization and structure of local governments.
- Part B deals with civil service systems which cover certain employees of local governments.
- Part C covers local government finance.
Part A. Structure and Organization
Despite the important areas for which local governments assume responsibility and despite the fact that some cities are older than the state, the American federal system has defined the state as sovereign with respect to its local governments. Consequently, all matters relating to the form and authority of local government are subject to provisions of state constitutional or statutory law. An understanding of how the state provides for local government, therefore, is important to understanding local government.
Primary units of local government in Louisiana are parishes and municipalities. The constitution uses the term “local governmental subdivision” to refer to them collectively. Another term that is important to a discussion of local government is “political subdivision” which is a parish, a municipality, or any other unit of local government, including a special district, authorized by law to perform governmental functions.
For Louisiana parishes and municipalities, there exists a traditional form of government which remains the most common form: the police jury system for parishes and the mayor-board of alderman form, as provided by the Lawrason Act, for municipalities. Additionally, the constitution grants any parish or municipality the option of adopting a home rule charter. These forms of government will be discussed in this part, followed by a discussion of special districts and some recurring issues involving local government.
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Forms of Parish Government
Forms of Municipal Government
- Mayor - Board of Aldermen (Lawrason Act)
- Special Legislative Charter
- Home Rule
Parish Government
Most Louisiana parishes are governed by a police jury. The size of a police jury is established by ordinance of the jury itself though, with some exceptions, it must have at least five but not more than 15 members or the number of members authorized for that police jury on or before May 13, 1974, whichever is greater. (R.S. 33:1221)
Generally, a police jury may exercise only those powers authorized by the constitution or by law. However, the constitution authorizes a police jury to exercise any power and perform any function necessary, requisite, or proper for the management of its affairs, not denied by general law, if the exercise of this broad authority is approved by the electors of the parish. (Const. Art. VI, §7)
The legislature over the years has authorized police juries to act on a very long list of matters including: making regulations for its own government; making and repairing roads, bridges, and levees; maintaining banks of rivers and natural drains, drainage ditches, and canals; levying taxes for parish expenses; establishing ferries and toll bridges; and providing support for the poor and those in necessitous circumstances (R.S. 33:1236). The police jury may enact ordinances and provide for their enforcement by imposing fines or imprisonment. Such ordinances may be prosecuted by criminal process of indictment or information. The police jury may also provide for enforcement of ordinances by fine or forfeiture to be collected by civil process before any court of competent jurisdiction. (R.S. 33:1242) However, no police jury or any other local government may define or provide for the punishment of a felony. (Const. Art. VI, §9) (Also see page 3A-4 for a discussion of home rule charters.)
Municipal Government
The procedure for incorporating a new municipality and establishing the form and powers and duties of its government has evolved dramatically since Louisiana became a state. Generally this evolution has been in the direction of greater local autonomy.
Legislative Charters
Prior to 1879, municipalities were created by legislative Act. The 1879 Constitution prohibited the legislature from enacting any local or special law creating corporations or amending their charters, and in 1882, the first general statute was enacted establishing procedures for municipal incorporation. The Constitution of 1898, however, again provided that local or special laws creating municipal corporations could be passed by the legislature provided the municipality had a population of at least 2500 inhabitants. This remained true until 1952 when the 1921 Constitution was amended to prohibit the legislature from passing any further local or special laws creating municipal corporations. The 1952 constitutional amendment did allow the legislature to amend or repeal existing special
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Home Rule Charters
Who has a home rule charter?^1
Municipalities
Alexandria Baker Berwick Bogalusa Bossier City Covington Dequincy DeRidder Donaldsonville Franklin
Hammond Jennings Kenner Lake Charles Leesville Mandeville Monroe Montgomery Morgan City Natchitoches
New Iberia Oak Grove Patterson Shreveport Slidell Sulphur Thibodaux Washington West Monroe Zachary
Parishes
Ascension Caddo Iberia Iberville Jefferson Lafourche
Livingston Plaquemines St. Bernard St. Charles St. James St. John the Baptist
St. Landry St. Martin St. Mary St. Tammany Tangipahoa Washington West Baton Rouge
City-Parishes
Baton Rouge - East Baton Rouge Parish Houma - Terrebonne Parish Lafayette - Lafayette Parish New Orleans - Orleans Parish (^1) As of October, 2011
Home Rule Charters
It is a well-recognized rule of law that local governmental subdivisions (parishes and municipalities) are creatures of the state, may be abolished by the state, and may be vested with such powers and authority as determined by the state. Without constitutional limitations, local governmental subdivisions are at the mercy of the legislature. The Louisiana Constitution, however, grants general authority to any Louisiana municipality or parish to draft, adopt, and amend a home rule charter.
There are several facets of the local autonomy which comes with adopting a home rule charter.
First, through the charter process, the citizens select their own form of government and decide how powers and duties will be distributed in that government. Once the charter is adopted, the legislature is constitutionally prohibited from enacting any law which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of the local government. (Const. Art. VI, §6)
Second, a charter may provide the local government with the authority to exercise any power and perform any function necessary, requisite, or proper for the management of its affairs, not denied by general law or inconsistent with the constitution. (Const. Art. VI, §5) This is the reverse of the traditional understanding of local government authority under which local governments have only the power explicitly granted to them.
And third, the constitution grants some degree of protection from legislative interference in the exercise of power. The fact that a charter government can exercise any power not denied by general law means that a power cannot be taken away from a local government by a local law.
Broadly speaking, a home rule charter is prepared by a local charter commission and then submitted to the voters for approval. The constitution authorizes appointment or election of the members of the commission. The local governing authority is required to provide for the election of a commission if it is petitioned by 10 percent or 10,000, whichever is fewer, of the electors of the subdivision.
Local Government, Structure and Organization Ç 3A-
What is a Political Subdivision?
Many constitutional and statutory provisions are relevant to all units of local government: cities, parishes, and special districts. Other provisions are relevant to both cities and parishes but not to special districts. For the purpose of making this distinction, the constitution includes the following defined terms; these definitions apply generally and unless a term is otherwise defined in a specific instance.
Local governmental subdivision means any parish or municipality.
Political subdivision means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.
Source: Const. Art. VI, §
The statutes flesh out the requirements for the selection of a charter commission. (See R.S. 33:1395 et seq.) A charter commission consists of not fewer than seven but not more than 11 members. The commission is required to submit a proposed charter to the governing authority within 18 months of taking office. Members of the commission serve until the charter is finally adopted or rejected by the voters or until the end of the 18-month period. A home rule charter must include a method for amending the charter, but all amendments are subject to voter approval.
The constitution also authorizes consolidation of local governments under a single charter. Constitution Article VI, Section 5(D) provides that two or more local governmental subdivi- sions located within the boundaries of one parish may adopt a home rule charter subject to voter approval.
A variety of plans of parish, municipal, and consolidated government exists under home rule charters. For example, East Baton Rouge Parish and the city of Baton Rouge have a consolidation of the city and parish government; in Orleans Parish, the parish and city are coterminous and operate under a single governing authority; and in Jefferson Parish, the parish governing body is a parish council.
Special Districts
In addition to municipalities and parishes, Louisiana, like other states, has found it expedient to create other local governing authorities. A special district is one such authority.
The major difference between a special district and a municipality or parish is that a special district is usually created to perform one major function. At one time, districts were usually created to provide some particular service to a rural area; water or fire protection for example. Today there are numerous types of special districts, and they are becoming common in suburbs and inner cities also.
Special districts are most often governed by a commission or board appointed by local or state officials or some combination thereof. The commissioners are charged with executing the function of the particular district and are usually granted some taxing and borrowing authority in order to generate funds for such purpose. The authority of the commission is limited to a specified geographic area, but such area can be a part of a parish or municipality or a multiple parish area.
Special districts are created through a variety of means. Some are created by the legislature
Local Government, Structure and Organization Ç 3A-
Blighted / Abandoned / Adjudicated Property
Local governments are involved in insuring the security and safety of structures and other property within their respective jurisdictions. Most parishes and municipalities are authorized to require that property be maintained in a safe and sanitary condition. As a result of the failure of many property owners to comply with such requirements, many of these properties have been adjudicated to local governments. However, in recent years local governments have suffered financial burdens as a result of the expenses associated with demolishing or maintaining these properties.
The Louisiana Land Trust (LLT) is a non profit organization formed to manage properties that have been purchased by the state of Louisiana under the Road Home Program as part of the ongoing recovery effort from the damage caused by hurricanes Katrina and Rita in 2005. Funding for the LLT is provided through Community Development Block Grant funds administered by the Office of Community Development.
In recent years the legislature has enacted legislation to expand the laws and constitutional provisions regarding the sale by local governments of tax adjudicated property and to facilitate the involvement of nonprofit housing and historical preservation groups with local governments in the renovation of blighted housing.
Housing
Another public welfare issue for which local governments assume responsibility and which involves them in property matters is housing the residents of their respective communities. The issue of affordable housing has been front and center since as an unprecedented number of persons were displaced from their homes in the aftermath of hurricanes Katrina and Rita. Many public officials as well as residents continue to voice concerns over the lack of affordable housing in the state. Many have also complained that many of the existing agencies and programs are not providing timely service or adequate assistance to the state's needy citizens.
The legislature, in 2011, created the La. Housing Corporation (LHC) to provide access to affordable housing. The LHC replaces the Louisiana Housing Finance Agency (LHFA) and provides that its powers, duties, functions, and responsibilities shall be assumed by the LHC, The LHC is required to administer the La. Housing Trust Fund and administer and manage disaster recovery programs funded by certain federal programs. The LHC is additionally required to establish statewide policy for financing of housing for persons/families of low or moderate income, senior citizens, and persons with disabilities which policy shall apply to all units, divisions, agencies, public corporations, and instrumentalities of the state involved directly or indirectly in financing single or multi-family housing for such persons/families.
Police Chiefs
In many Lawrason Act municipalities it has become very difficult if not impossible to find qualified persons to run for the office of police chief. Since the office is elective, any candidate has to be an elector of the municipality and has to be interested in running for the office, a daunting task to some individuals, and sometimes no one qualifies. Municipalities have argued that if the position were not elective they could appoint qualified non-residents to the position of police chief. The legislature has amended the Lawrason Act to provide for the appointment of the police chief in many individual municipalities.
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The Lawrason Act does provide several exceptions to the general rule that the office of police chief is elective. If the board of aldermen receives a petition signed by 25% of the qualified municipal electors, they are required to call an election on the question of authorizing the mayor to appoint the police chief. In municipalities with populations of 5000 or less, the board of aldermen may call an election on the question of authorizing the mayor to appoint the police chief after adopting an ordinance by a two-thirds vote of its membership.
Although these alternatives are available to local governments, many local officials continue to approach legislators with requests to amend the Lawarson Act to provide for the appointment of their respective police chiefs. In addition, the legislature continues to amend civil service laws for certain municipalities to permit the mayor greater latitude in appointing and removing the police chief. As police chiefs and mayors continue to disagree on budget issues and police personnel, these issues will continue to be hot topics in the local government arena.
Smart Growth
The Louisiana Constitution authorizes local governmental subdivisions (parishes and municipalities), subject to uniform procedures established by law, to adopt regulations for land use, zoning, and historic preservation(Const. Art. VI, §17) The Revised Statutes provide general laws regulating zoning and historic preservation. The Revised Statutes also authorize local governmental subdivisions to create planning commissions which are charged with the responsibility of formulating a master plan for the physical development of local governmental subdivisions.
Among the factors which are important in making a community livable is the proximity of various types of activities to each other. In recent years, the issue of creating livable communities has been placed front and center as many local governments across the country are advocating the use of smart growth principles in the planning and development process. Smart growth is an urban planning and transportation theory that advocates concentrated growth in compact walkable urban centers to avoid sprawl and advocates compact, transit-oriented, walkable, bicycle-friendly land use, including neighborhood schools, complete streets, and mixed-use development with a range of housing choices.
While many communities across the country have embraced the idea, many Louisiana communities have been reluctant to do so. Local officials have voiced concerns about the rising costs of infrastructure improvements and the use of tax dollars to promote private development. As smaller Louisiana communities continue to grow, pressure will continue to mount on local officials to implement smart growth principles in the planning and development process.
Tax Increment Financing
Local governmental subdivisions and certain special districts are authorized to use tax increment financing (TIF) as a tool to provide financial incentives to stimulate private investment in a designated area. (R.S. 33:9020 et seq.) TIF amounts to subsidizing current economic development by committing a portion of the projected revenues of the development. The local government freezes the taxes within the district at their pre-TIF level. After completion of the project, the new revenue generated beyond the pre-TIF level is used to pay the developer back for a portion of his costs.
As more local governments have turned toward the use of TIF, the mechanism has come under
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taking to ask for trial to determine compensation when an entire tract, lot, or block is expropriated, and one year if only a portion is expropriated.
R.S. 48:441- 460 provides for quick take authority by DOTD. DOTD's quick take has been determined to be constitutional. State, Through Dept. of Highways v. Olinkraft, Inc. , 350 So.2d 865 (La. 1977), certiorari denied 98 S.Ct. 1489, 435 U.S. 924, 55 L.Ed.2d 518. Jurisprudence has consistently held that expropriation is special and exceptional in character in derogation of common rights and must be strictly construed.
The most significant development in the last decade in the area of expropriation came with the case of Kelo v. City of New London, Conn. , 545 U.S. 469 (2005). This case involved the expropriation of several blocks of a neighborhood in a generally blighted area in the city of New London, Connecticut. The expropriated property was to be transferred to private owners for economic development purposes. The generation of additional taxes resulting from the economic development was the public purpose for the expropriation. This public purpose was challenged by the property owners whose non-blighted property was included in the generally blighted area that was expropriated.
The U.S. Supreme Court held that, while such a taking for economic purposes is valid under the United States Constitution, each state has the authority to impose tighter legislative limitations on the government's ability to expropriate property. Since Connecticut had not enacted any such restrictions, the Supreme Court upheld the expropriation.
In response to the Kelo case, the Louisiana Legislature enacted Act No. 851 of the 2006 Regular Session, a constitutional amendment which the electors of this state subsequently approved. Act No. 851 prohibited the expropriation of property by the state or a political subdivision of the state for the predominant use by or transfer to a private person under certain circumstances and defined "public purpose" relative to the expropriation of property.
