Prepared by the Washington Parish Council Amended and Restated

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Presentation transcript:

Prepared by the Washington Parish Council Amended and Restated HOME RULE CHARTER FOR A PRESIDENT - COUNCIL GOVERNMENT WASHINGTON PARISH Prepared by the Washington Parish Council Amended and Restated June 2019

WHAT IS A HOME RULE CHARTER? An option offered local governments when the state of Louisiana adopted its new constitution in 1974 The authority to act in local affairs is transferred from the state to a local governing body, adopted and as need be amended by the voters It has a threefold objective: to eliminate duplication of governmental services; to increase governmental efficiency and to reduce costs Home rule strengthens local communities and parishes by allowing decisions to be made at the local level

WHY DO WE NEED TO AMEND AND RESTATE OUR CHARTER?

The current Home Rule Charter was prepared in July of 1997 as a transitional document from the Police Jury form of government to the President-Council. While it has served us well for the last 22 years, it is time to update. How much has changed in last 22 years? Let’s take a look.

Buying a New Car? Ford introduces the all new F-150

The latest from Motorola A new cell phone? The latest from Motorola

What are the changes being made? Council Vacancies Council Employees Parish President Residence requirements Powers and Duties of the Presidents Administration Director of transportation Operating Budget and Adaption Capital Improvement Bonded Debt Facsimile Purchasing Amending and Repealing Transitional

Council Vacancies Section 2-04 B – Council Vacancy Filled by appointment time frame Old – 15 Days New – 20 Days Section 2-04 C – Council Unexpired Term Remaining – Appointee to serve Old – 12 months New – 18 months Section 2-04 E – After Vacancy Occurs – Governor request for election Old – 15 Days New – 20 Days Section 2-04 G – If council does not make appt.-Governor shall Old – 30 days New – 20 days

Council Compensation Section 2-05 A. The total compensation which individual Council members and the Council Chair are eligible to receive shall be established by ordinance. Such compensation shall be composed of both a base compensation per month and a per diem for attendance at regularly scheduled Council meetings. The base compensation for a Council member shall not be less than $700.00 per month, and for the Council Chair not less than $900.00 per month. The per diem for a Council member and for the Council Chair shall not be less than $150.00. An individual Council member or the Council Chair shall be eligible to receive a per diem for a maximum of two (2) regularly scheduled council meetings per month, regardless of the number of meetings actually attended. Council members must be present at a scheduled meeting and record a vote on an agenda item requiring a vote in order to receive a per diem for that day. B. The Council may, by ordinance and subject to the provisions of Part A. herein, modify the compensation and per diem received by Council members and the Council Chair, provided that no ordinance increasing the salary shall be adopted during the last year of a term and provided further that the change shall not become effective during the current term of the council members adopting the ordinance.

Council Employees Section 2-10 Council Clerk salary shall be set by Resolution- old was ordinance Except as specifically provided in this charter, neither the Parish President nor any members of the executive branch or the administration shall remove, direct or supervise any Council employees of whom the Council appoints. The Council Chair will be responsible for the supervision of Council employees unless a majority vote of the Council designates another council member to serve as supervisor to council employees. By resolution the council shall direct the chair of the council or designee in how to proceed with supervision of council employee’s accountability, attendance, conduct, work schedule and expectations.

Parish President Residence Section 3-03 A The President shall be at least twenty-five (25) years of age and a qualified voter of the parish at the time of qualifications and shall have been legally domiciled and shall have actually resided within the parish for at least the five (5) years immediately preceding the time established by law for qualifying for office. Old residence was 2 years.

Powers and Duties of the President Section 3-09 A7 Submit to the Council and make available to the public, within one hundred twenty (120) days after the end of the fiscal year, a complete Status report on the finances and administrative activities of the Parish as of the end of each fiscal year. Was ninety (90) days

Administration Section 4-01 B Directors of all departments created by or under this charter shall be nominated by the President, subject to council approval, and shall serve at the pleasure of the President. The position shall be advertised at least once by publication in the official journal of the parish at least fourteen (14) calendar days prior to the council approval. The council may interview the nominee in executive session.

Director of Transportation Added Section 4-05 A. The director of transportation, at the time of appointment, shall be a graduate registered civil engineer with at least two (2) years related experience in a responsible managerial or administrative position; or, in lieu of the preceding, have at least five (5) years related public works/transportation experience in a responsible managerial or administrative position. B. The director of transportation shall direct and be responsible for the following activities: 1. Construction and maintenance performed by the Parish Government road crews regarding roads, sidewalks, bridges, and drainage facilities. 2. Operation of a central facility for the repair and maintenance of Parish Government vehicles and equipment. 3. Other such activities as may be directed by the President.

Operating Budget Preparation and Adoption Section 5-02 A The annual operating budget process shall be conducted in accordance with the Louisiana Local Government Budget Act, as amended, subject to the following exceptions: 1. At least forty-five (45) days prior to the beginning of each fiscal year, the President shall submit to the Council, a proposed operating budget. 2. Operating budget shall be adopted by the Council not later than fifteen (15) days prior to the end of the fiscal year. Was 60 days prior to the beginning of each fiscal year and Council adoption at 30 days.

Capital Improvement Budget Section 5-05 A Each year, no later than the time of submission of the operating budget for the ensuing fiscal year, the President shall prepare and submit to the Council a capital improvement budget covering a period of at least five (5) years. The capital improvement budget shall include new or expanded physical facilities that are relatively large, expensive and permanent. Capital improvements shall include but not be limited to major construction or renovation projects.

Administration of Operating and Capital Improvements Budget Section 5-06 B Nothing in this Charter shall be construed to prevent passage of any ordinance making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or other evidences of indebtedness or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year. Except as otherwise provided by state or federal law, contracts for services not covered by the public bid law shall be for a period not to exceed a total of three (3) years. No extension provision contained in any contract for services shall operate to extend any contract beyond this three (3) year maximum limitation. ( added) A contract for the operation of a landfill must be advertised utilizing a request for proposal process. The contract may be awarded for a term up to ten (10) years.

Bonded Debt Section 5-08 The Parish Government is empowered to incur bonded debt in accordance with this Charter and the constitution and general laws of the state. When voter approval is required for the issuance of revenue bonds, no resolution shall be passed calling for an election to incur a bonding debt until an engineering and economic feasibility report shall have been made to the Council and a summary thereof published in the official journal at least forty-five (45) days prior to the proposed date of the election, unless the Council is required to call such an election pursuant to a petition as provided for under the general laws of this state. Was sixty (60) days

Facsimile Signatures Section 5-09 Facsimile/ Electronic signatures are authorized for negotiable instruments and multiple certificates of indebtedness in those cases where an official is required by law to sign. Added Electronic signatures

Purchasing Section 5-10 Removed Section Purchasing of all property, supplies, materials, and services shall be under a central purchasing system and shall be in accordance with applicable state law, Council policy and administrative requirements.

Amending or Repealing the Charter Section 7-03 E Upon rejection of a proposal by the voters, at least two (2) years shall lapse before the same issue can again be submitted to the voters. Was one (1) year

Amending or Repealing the Charter Section 7-03 F REMOVED - Except as provided in the section on “Severability”, no proposal to amend this Charter shall be submitted during the first one (1) year of operations under this Charter. No proposal to repeal this Charter shall be submitted during the first three (3) years of operations under this Charter. No amendment or repeal shall shorten the term for which any incumbent official was elected or reduce the salary of office for that term.

Article VIII TRANSITIONAL CHARTER PROVISIONS- Removed word Transitional Section 8-09 The Amended and Restated Charter shall become effective only if approved by a majority of those voting on the Charter. Remove wording relating to the transition from Police Jury to Council-President form of government

And now you have an amended and restated Home Rule Charter And now you have an amended and restated Home Rule Charter. Remember to vote YES on October 12th