St. Charles Parish - File #: 2016-0302

• File #: 2016-0302
• Version: 1
• Name: Amend Charter Section B.3.b of Article IV to allow for the adoption of an ordinance at the same meeting at which it is introduced or at which a motion is made for it to be taken up
• Type: Ordinance
• Status: Failed
• File created: 8/15/2016
• In control: Parish Council
• On agenda: 9/6/2016
• Final action: 9/6/2016
• Title: An ordinance to provide for the amendment of the St. Charles Parish Home Rule Charter Section B.3.b of Article IV to allow for the adoption of an ordinance at the same meeting at which it is introduced or at which a motion is made for it to be taken up in accordance with the provision provided for by Louisiana R.S. 42:19 allowing a public body to take up a matter not on the agenda.
• Sponsors: Paul J. Hogan
• Indexes: Attorney General, Home Rule Charter
• Related files: 2016-0056

Date	Ver.	Action By	Action	Result
9/6/2016	1	Parish Council	to extend time an additional three minutes	Pass
9/6/2016	1	Parish Council	Time Extended
9/6/2016	1	Parish Council	Public Hearing Requirements Satisfied
9/6/2016	1	Parish Council	Approved 1	Fail
9/6/2016	1	Parish Council	Failed
8/15/2016	1	Parish Council	Publish/Scheduled for Public Hearing
8/15/2016	1	Council Member(s)	Introduced

2016-0302
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN-AT-LARGE, DIVISION B
ORDINANCE NO.
Title
An ordinance to provide for the amendment of the St. Charles Parish Home Rule Charter Section B.3.b of Article IV to allow for the adoption of an ordinance at the same meeting at which it is introduced or at which a motion is made for it to be taken up in accordance with the provision provided for by Louisiana R.S. 42:19 allowing a public body to take up a matter not on the agenda.
Body
WHEREAS, the St. Charles Parish Home Rule Charter currently states that no ordinance may be adopted at the same meeting at which introduced unless declared an emergency ordinance; and,
WHEREAS, Attorney General Opinion 16-0075 dated June 20, 2016 stated "...the Parish Council may not adopt an ordinance which is not an emergency at the same meeting it is introduced" due to the provisions of the Home Rule Charter; and,
WHEREAS, Louisiana R.S. 42:19 states: Upon unanimous approval of the members present at a meeting of a public body, the public body may take up a matter not on the agenda. Any such matter shall be identified in the motion to take up the matter not on the agenda with reasonable specificity, including the purpose for the addition to the agenda, and entered into the minutes of the meeting. Prior to any vote on the motion to take up a matter not on the agenda by the public body, there shall be an opportunity for public comment on any such motion in accordance with R.S. 42:14 or 15. The public body shall not use its authority to take up a matter not on the agenda as a subterfuge to defeat the purposes of this chapter; and,
WHEREAS, proposing an amendment to the St. Charles Parish Home Rule Charter would allow for the adoption of an ordinance at the same meeting at which it is introduced or at which a motion is made for it to be taken up provided it is unanimously approved to do so by the Parish Council; and,
WHEREAS, the citizens of St. Charles Parish should be given t...