§ 2.01. Powers and Duties.

(A)

The Parish Council shall be the legislative and policy making body of the parish and shall have authority, except as otherwise provided by this Chapter, by the Constitution of this State, and specifically by Article XIV, Section 3(c) of the Constitution of 1921 and Article VI, of the Constitution of 1974, pertaining to the powers of the Sheriff, the Tax Assessor, the Clerk of the District Court, the School Board, and the incorporated municipalities of the parish, to exercise all powers of the parish, and to adopt such ordinances and resolutions as may be proper in the exercise thereof. Without limitation of the foregoing authority, the Council may:

(1)

Levy and collect taxes, special assessments, service charges, license charges, fees, and other revenues, and borrow money in such manner, and subject to such limitations as may be provided by law.

(2)

Make appropriations for all parish purposes.

(3)

Require periodic and special reports from all parish officers concerning the affairs of their respective departments, offices, agencies, or special districts, which reports shall be submitted by and through the Parish President in the case of departments, offices, agencies, and special districts subject to his jurisdiction.

(4)

Make investigations of parish affairs by inquiring into the conduct of any department, office, agency, or special district of the parish, or of any person in the service of the parish, including the investigation of the accounts, records, and transactions of the department, office, agency, or special district and for these purposes subpoena witnesses, administer oaths, and require the production of books, papers, and other evidence; and any person who fails or refuses to obey any lawful order of the Council pursuant to this paragraph shall be guilty of a misdemeanor and shall be punishable in such manner as the Council shall fix by ordinance.

(5)

By ordinance, abolish or consolidate any parish department, office, or agency, or provide for the consolidation and transfer of any of the functions of such departments, offices, or agencies subject to Section 4.01B provided that:

(a)

The police powers of the Sheriff, including the power, authority, and duty to preserve the public peace and order, to apprehend all disturbers thereof, to prevent crime and to apprehend criminals, to protect the rights of persons and property, and to enforce the laws shall not be transferred or diminished and provided further that the Sheriff's functions as ex officio tax collector as provided in Article VII, Section 65 of the State Constitution [of 1921] shall not be diminished.

(b)

The power, authority, and duties of the Clerk of the District Court, Tax Assessor and the School Board shall continue as in existence at the time of the adoption of Article XIV, Section 3(c) of the State Constitution [of 1921), but subject to the general laws of the State with respect to Clerks of the District Courts, Tax Assessors, tax assessments, Parish School Boards, and public education.

(6)

Enter into contracts with other governmental units within or outside the boundaries of the parish for joint performance or performance by one unit in behalf of the other of any authorized function or activity.

(7)

By ordinance, establish, merge, and abolish special districts within which may be provided fire protection, recreation facilities, water, streets, sidewalks, street lighting, waste and garbage collection and disposal, sewerage and sewage disposal systems, drainage, and other essential facilities and services. All parish funds for such districts shall be provided by service charges, special assessments, general tax levies, or as otherwise provided by law, within such districts only. When acting as the governing body of special districts as provided in Section 6.01B the Parish Council shall have the same jurisdiction and powers as when acting as the Council.

(8)

Provide, in a manner and in amounts consistent with state law, penalties for the violation of this Charter and of parish ordinances.

(9)

Perform any other acts, consistent with law, deemed to be for the best interest of the people of the parish.

(10)

In accordance with Section 2.01(A)(4), investigate any person in the service of the parish for lack of qualifications, neglect of duty, failure to comply with a lawful directive of the Council or gross misconduct in reference to that person's duties. The allegations in support of the investigation shall be presented in writing to the appointing authority and to the affected officer or employee, and if the appointing authority does not take appropriate disciplinary actions, the Council may order a hearing thereon, at which the affected officer or employee and the appointing authority shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books, papers, and other evidence. If, after hearing, the allegations against the affected officer or employee are confirmed, the officer or employee may be subjected to disciplinary action up to and including suspension or dismissal from parish service by the affirmative vote of a majority of the entire membership of the Council. The affected officer or employee may require that such hearing be held at an open meeting. The Council may by ordinance provide procedures for such investigations and hearings.

The provisions of this section shall neither diminish any authority of the Parish President, pursuant to Section 3.03(B) to remove any employee responsible to him, nor enhance any right of any unclassified officer or employee who serves at the pleasure of their appointing authority, nor preclude any right afforded elsewhere in this Charter or state law to employees in a classified service.

(B)

The Council shall have the power of eminent domain and the right to expropriate property for public purposes as provided by law. The Council shall make fair and just compensation for any properties acquired in the exercise of its powers, duties, or functions.

(Ord. No. 19100, 6-8-94; Ord. No. 23989, § 1, 4-6-11, eff. 1-1-12; Ord. No. 24820 , § 1, 9-3-14)

Annotation— Payment for expropriation of land two weeks after taking of physical possession by governmental body vitiates the proceeding as it violates the constitutional requirement that the land must be paid for before possession is taken. C. Tolmas, Inc. v. Parish Council, et al., 90 So. 2d 65 (La. 1956).

Editor's note

It should be noted that Ord. No. 24009, § 1, adopted May 11, 2011, provides, "Under and by virtue of the authority conferred by LSA Const. Art. 6 § 19, and Section 2.01(7) of the Jefferson Parish Home Rule Charter, a special service district be and is hereby created within the Parish to be known and designated as "Jefferson Parish Inspector General Special Services Funding District of the Parish of Jefferson, State of Louisiana," for the purpose of to providing, maintaining, administering and operating an office of inspector general and an ethics and compliance commission in the Parish. The District shall comprise and embrace all of that territory within the Parish Jefferson, State of Louisiana, less and except all of the territory situated within the corporate limits of the municipalities of Kenner, Harahan, Gretna, Westwego, Lafitte, and Grand Isle, as said corporate limits are presently constituted."