§ 15:22. Notice and "final" action by commission.

(a)

The state legislature by the adoption of Act 151 of 1969 delegated all powers to commission herein authorized to be exercised. Such Act 151 requires that authority shall retain the power to suspend or rescind any action or proposed action of commission (section 15:12). In order to establish a procedure to insure effectiveness of the legislative intent, this section is adopted.

(b)

There is reserved on behalf of the authority the right to receive in writing from the commission copies of all motions, resolutions or ordinances (herein sometimes referred to as "actions") taken by the commission promptly after the adoption thereof by the commission and in any event a written copy of such action will be mailed to the office of council administrator, secretary of authority, by no later than ten (10) calendar days measured from (but not including) the date of adoption thereof. A written copy of action adopted by the commission received by the office of council administrator shall be distributed to each member of authority. The date on which a written copy of action of commission is received by council administrator's office is hereinafter referred to as "filing date."

(c)

Authority shall have a period of ten (10) calendar days next following and exclusive of filing date within which to approve the minutes of the commission and may suspend or rescind any action of commission, provided that if a regular meeting of the council is not conducted during the ten (10) days, such period shall be extended to and include the date on which a regular meeting of the council is conducted; further provided that the date following the expiration of the period of time described in the preceding portion of this sentence (whether the ten (10) day or a longer period as shown) shall be defined as and hereinafter referred to as "final date."

(d)

If the authority has not adopted a resolution or ordinance suspending or rescinding an action of commission prior to final date, such action shall become "final" on final date. The term "final" as used in the preceding sentence shall herein mean and refer to any action of the commission, whether in the form of a motion, resolution or ordinance, which has become legally binding and enforceable on district, authority and commission under the laws of the state and Act 151 of 1969. Action of commission may become final at any time as a result of the adoption of a resolution or ordinance by authority ratifying and approving action of commission.

(e)

In case of an emergency affecting the public health, welfare and safety, commission action may become final immediately upon:

(1)

Adoption of emergency action by the commission as herein provided; and

(2)

Obtaining from authority approval and ratification thereof as is authorized by Section 2.12 of the Plan of Government.

(f)

No action of the commission, whether in the form of a motion, resolution or ordinance, shall become final or be legally binding on the district, authority or commission until such action has become final as or be legally binding on the district, authority or commission until such action has become final as herein defined. The certificate of the council administrator, acting as secretary of authority, shall be conclusive as to filing date and final date.

(g)

Special meetings of the authority may be convened (as provided for under the Plan of Government for the convening of special meetings of the council) and any regular or special meeting of the council may be recessed and a meeting of the authority convened (whether such meeting of the authority appears on the council agenda or not) for the purpose of taking up and considering the question of whether any action of the commission should be suspended, rescinded, ratified or approved. Written copies of actions taken by the commission whether in the form of a motion, resolution or ordinance, shall contain a reference to the time, date and place of the meeting at which the action was adopted, the names of the members of the commission present and voting and a clear and concise statement of the action adopted. When requested by authority, commission shall give notice to parish clerk of the time, date and place of meetings of commission. Notice of meetings of commission shall be given to each commission member and the public in the manner and posted as required by general law. All meetings of commission shall be open to the public as provided by R.S. 42:5 et seq.

(h)

The provisions hereof notwithstanding all fiscal matters must follow the established policies and procedures for making budget supplements.

(Parish Code 1962, Title 15, § 13)