2016-0123
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B
WILLIAM BILLY WOODRUFF, COUNCILMAN, DISTRICT IV
RESOLUTION NO.
Title
A resolution requesting an Attorney General Opinion as to whether or not the Parish President, as Chief Executive Officer, must execute the authorization set forth in the 2016 budget adopted by the prior Parish Council for professional services to raise and dispose of the sunken vessel Pretty Boy located in Bayou Des Allemands in light of the newly elected Parish Council failing to approve two (2) unnecessary proposed ordinances that came before the Council to give its approval and acceptance of a Professional Disposal Services contract for removal and to dispose of the vessel and which would have authorized the Parish President to execute the contract documents.
Body
WHEREAS, Louisiana Revised Statute RS 34:843 provides for a procedure which local municipalities can follow with regards to the removal of sunken vessels from waterbodies within the State; and,
WHEREAS, AG Opinion 15-0173 stated “It is our opinion that La. R.S. 34:843 contemplates the nonstatic nature of sunken vessels and authorizes governmental entities such as St. Charles Parish to allocate funds when they see fit to remedy current or potential future navigation hazards or environmental/public health problems presented by sunken vessels”; and,
WHEREAS, on October 29, 2015, the prior Parish Council unanimously agreed to amend the proposed 2016 Parish Budget to provide funding in the amount of $30,000 to hire professional services to raise the sunken vessel Pretty Boy from the navigable waterway known as Bayou Des Allemands; and,
WHEREAS, on November 16, 2015, the prior Parish Council unanimously, by Councilmembers present, adopted the 2016 Parish Budget; and,
WHEREAS, AG Opinion 15-0041 advised that in Attorney General Opinion No. 14-0120, the AG recognized that a budget, once adopted by ordinance, becomes law and is presumed constitutional; and,
WHEREAS, AG Opinion 15-0041 stated “Therefore, in accord with Attorney General Opinion No. 14-0120, it is the opinion of this office that upon final passage of a budget, the Parish President, as Chief Executive Officer, must execute the authorizations set forth in the budget including the expenditure of funds for specific line item appropriations. The Parish President cannot ignore an appropriation if there is not authority to do so and cannot frustrate the intent of the appropriation”; and,
WHEREAS, in a similar manner but related to a different subject, AG Opinion 14-0113 stated “Thus, if the Council adopts a budget that includes an appropriation for the drainage work, and that expenditure is not vetoed by the President, then the funding for the improvements is considered approved. In that event, the President would not be permitted to refuse making the approved drainage work when such expense is budgeted within the fiscal year”; and,
WHEREAS, AG Opinion 12-0133, although related to a different subject matter, stated that Parish President must have approval of the Council to enter into such a contract and that the Council “approval could come through the budgeting and appropriation of funds performed in accordance with the Local Government Budget Act” which the Council did approve when it approved the 2016 Parish Budget; and,
WHEREAS, AG Opinion 12-0133 stated “Once the funds are appropriated, the Council no longer has a role to play in the contract process unless given the specific authority to be further involved by the Charter”; and,
WHEREAS, the St. Charles Parish Home Rule Charter does not provide the Council with the specific authority to be further involved with professional services contracts; and,
WHEREAS, there are no provisions in the St. Charles Parish Code of Ordinances which require that the Council approve and authorize the execution of professional services agreements; and,
WHEREAS, File No. 2015-0376 was to be taken up by the Parish Council at the last meeting of 2015 to authorize the Council Chairman to hire an attorney to have the courts order the prior parish president to dispose of the vessel since there was line item in the 2015 Parish Budget to carry out the budgeted line item passed; and,
WHEREAS, the prior Parish President decided to introduce File No. 2015-0472 at the last meeting of 2015 as a ploy in an attempt to have the Council not pass File No. 2015-0376; and,
WHEREAS, the Council did not take action on the proposed resolution since the funds were allocated in the 2016 budget for the project and the new Parish President made a commitment to have the vessel disposed of upon taking office; and,
WHEREAS, File No. 2015-0472 (which was an unnecessary proposed ordinance but was placed on the agenda by the prior parish President at the last meeting of 2015) was still on the agenda and was therefore taken up by the new Parish Council on January 12, 2016 and would have given its approval and acceptance of a Professional Disposal Services contract and would have authorized the Parish President to execute the contract documents but it failed for lack of a favorable majority vote; and,
WHEREAS, Revised File No. 2015-0472 was introduced by the new Parish Council after the new Parish President being hesitant in proceeding due to original File No. 2015-0472 not receiving a favorable vote; and,
WHEREAS, Revised File No. 2015-0472 was taken up by the new Parish Council on February 15, 2016 and would have given its approval and acceptance of a Professional Disposal Services contract and would have authorized the Parish President to execute the contract documents but it failed for lack of a favorable majority vote; and,
WHEREAS, File No. 2015-0472 and Revised File No. 2015-0472 not receiving the vote of a favorable majority vote did not alter the $30,000 in the 2016 Parish Budget allocated for the hiring of a professional service provider to raise the sunken vessel Pretty Boy from the navigable waterway known as Bayou Des Allemands.
NOW, THEREFORE, BE IT RESOLVED, THAT WE THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby request an Attorney General Opinion as to whether or not the Parish President, as Chief Executive Officer, must execute the authorization set forth in the 2016 budget adopted by the prior Parish Council for professional services to raise and dispose of the sunken vessel Pretty Boy located in Bayou Des Allemands in light of the newly elected Parish Council failing to approve two (2) unnecessary proposed ordinances that came before the Council to give its approval and acceptance of a Professional Disposal Services contract for removal and to dispose of the vessel and which would have authorized the Parish President to execute the contract documents.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted this day of , 2016, to become effective five (5) days after publication in the Official Journal.
2016-0123 RESOLUTION - RQST FOR AG OPINION - PP HAS TO ADDRESS PRETTY BOY (03-10-16) re-revised (I_3-21-16)
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________