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Plan of Government

Chapter 1
General Provisions

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Chapter 2
Governing Bodies

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Chapter 3
Governing Bodies -
Powers and Duties

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Chapter 4
Mayor President

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Chapter 5
Department of
Public Works

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Chapter 6
Police Department

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Chapter 7
Fire Department

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Chapter 8
Finance

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Chapter 9
Personnel

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Chapter 10
Planning and Zoning

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Chapter 11
Miscellaneous

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Plan of Government This document is in PDF format.  Download the free viewer from www.adobe.com
January, 2008
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ADOPTED
AUGUST 12, 1947
EFFECTIVE
JANUARY 1, 1949

AMENDED

JULY 29, 1952
NOVEMBER 6, 1956
NOVEMBER 3, 1964
NOVEMBER 8, 1966
NOVEMBER 3, 1970
FEBRUARY 1, 1972
OCTOBER 27, 1979
SEPTEMBER 11, 1982
APRIL 16, 1988
OCTOBER 6, 1990
NOVEMBER 18, 1995
NOVEMBER 5, 1996
NOVEMBER 3, 1998
OCTOBER 20, 2007

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Chapter 11: Miscellaneous
 

SECTION 11.01
Parish Attorney

There shall be a Parish Attorney who shall be appointed by the Metropolitan Council for an indefinite term. He shall be an attorney-at-law and shall have actively practiced his profession in the state for at least five years immediately preceding his appointment. He shall appoint such Assistant Parish Attorneys as may be authorized, at least one of whom shall, at all times, be assigned to the prosecution of ordinance violations, as hereinafter provided. He shall be the legal advisor of the Council, the Mayor-President, and all departments, offices and agencies appointed by or under the jurisdiction of any of the above and shall furnish them on request a written opinion on any question of law involving their official powers and duties. At the request of the Mayor-President or any member of the Council he shall prepare ordinances and resolutions for introduction. He shall draw or approve all bonds, deeds, leases, contracts, or other instruments to which the Parish, the City or any District of which the Council is the governing body is a party or in which any of them has an interest. He shall represent the Parish, the City and any district of which the Council is the governing body in all civil litigation. He shall, in person or through an Assistant Parish Attorney assigned to such duty, represent the City in the prosecution of all ordinance violations in the City Court. He shall further represent both the Parish and City in any criminal case in which the constitutionality or validity of any ordinance or resolution of the Council is in issue. He shall appoint and remove all employees of his office, subject, except in case of Assistant Attorneys, to the provisions of Chapter 9 of this Plan of Government. The compensation of the Parish Attorney and all employees in his office shall be provided by appropriations made by the Council, except that the cost of any Assistant Parish Attorney and other employees assigned to prosecute ordinance violations shall be included in the City Budget. Nothing herein shall be taken to prevent the employment of special counsel when authorized by the Council in any matter relating to its jurisdiction. (As amended November 8, l966.) (As amended October 20, 2007)

SECTION 11.02
Recreation and Park Commission

The Recreation and Park Commission for East Baton Rouge Parish shall consist of: the Mayor-President, or an officer or employee of the City or Parish designated by the Mayor-President from time to time; a member of the School Board of East Baton Rouge Parish appointed by the School Board for a term coincident with his term on the School Board; a member of the Planning Commission appointed by the latter for a term coincident with his term on the Planning Commission; and six qualified voters of the parish appointed by the Metropolitan Council for terms of three years. The six members of the commission appointed by the Council in office on January l, l953, shall each continue to hold office until the expiration of the term for which he was appointed, and thereafter his successor shall be appointed for a term of three years. Vacancies among the appointive members shall be filled by the appointing body of the unexpired portion of the term.

The Recreation and Park Commission shall have responsibility for the provision of public park and recreation facilities in East Baton Rouge Parish. It shall have the maintenance, management and control of all the parks, playgrounds, play fields, or other property permanently devoted to recreational purposes, and the cemeteries, belonging to the City of Baton Rouge and to East Baton Rouge Parish, and no such property shall be alienated, sold, leased or otherwise disposed of by the City-Parish so long as it continues to be used by the Recreation and Park Commission for recreational purposes. The Recreation and Park Commission shall succeed to all the powers and duties relating to parks and recreation heretofore conferred or imposed on the City of Baton Rouge by its Charter or the General Laws of the State, including the power to make charges for the use of recreational facilities and incidental services and shall have all the powers and duties conferred or imposed on such commission by Section 3(b) of Article l4 of the Constitution of Louisiana and Act No. 246 of l946 and all future acts amendatory thereof and supplementary thereto. Council is hereby authorized to make appropriations for the support of the Recreation and Park Commission. (As amended October 20, 2007)

The Recreation and Park Commission is hereby authorized to make use of the accounting services of the Director of Finance as described in Section 8.01. (b-k inclusive) hereof, the services of the Engineering, Building Maintenance and Central Garage Divisions of the Department of Public Works, of the Purchasing Division, and to become a part of and subject to the Personnel Systems established by Chapter 9 of this Plan of Government or any Personnel System for City-Parish employees in general provided by a General Law of the State applicable to the City of Baton Rouge, on such terms and conditions as may be agreed to by the Council out of whose appropriations the cost of any such service is provided. (As amended October 20, 2007)

SECTION 11.03
Public Library

There shall continue to be a Public Library for East Baton Rouge Parish, with such branches and other services as may be established by the Board of Control thereof. The Board of Control shall, after the first day of January 1949, consist of the Mayor-President ex-officio and seven citizens of the Parish appointed by the Metropolitan Council for terms of four years, provided that the seven citizen members of the Board of Control in office on the said first day of January 1949, shall each continue in office until the expiration of his term and that thereupon his successor shall be appointed for a term of four years. Vacancies shall be filled by the Council for the unexpired portion of the term. The Board of Control shall have all the powers and duties conferred or imposed by the General Laws of the State of Boards of Control of Parish Public Libraries, and the cost of maintaining the Parish Public Library and its several branches and services shall be provided by appropriations made by the Council, such appropriations to be in such amounts and proportions as the Council determines. (As amended November 3, 1964.) (As amended September 30, 2006. Changed from a five year term to a four year term.) (As amended October 20, 2007)

SECTION 11.04
City Court and Judge

There shall continue to be a City Court of the City of Baton Rouge, which shall have jurisdiction over the territorial area of the City of Baton Rouge, as extended by this Plan of Government, and the provisions of the Louisiana Revised Statutes of 1950, as amended, shall continue in full force and effect except to the extent that they are in conflict with the provisions of this Section. The City Court shall be a court of record, and shall exercise such jurisdiction as may be conferred upon it by the Constitution and laws of the State of Louisiana. The City Court shall have but five Judges, unless the number be increased by a vote of two-thirds (2/3rds) of the members of the Metropolitan Council. The administrative Judge, elected annually, shall be the chief or presiding judge, subject to the rules adopted by the Court. Judges of the Court must be electors of the City of Baton Rouge, and have been admitted to the practice of law in Louisiana at least five (5) years prior to their selection. The Judges of the City Court shall be elected for terms of six (6) years. The Judges of the City Court shall receive such salary as the Council may from time to time determine, but such salary shall not be decreased during their tenure of office and moreover, shall not be more than the salary of a district court Judge. The annual salary of the City Judges shall be fixed by the Council by ordinance adopted at least one year prior to the commencement of the term of the City Judges whose compensation is to be affected thereby, and if no such ordinance be adopted, the compensation for the City Judges shall remain as previously fixed by the Council. Judges of the Court shall not practice law, nor shall they or any officer or employee of the Court receive any fees. The Clerk of City Court/Judicial Administrator shall be appointed by the City Judges at a salary fixed by the Council. The number and compensation of Deputy Clerks and employees, who shall be members of the Classified Service as provided in Chapter 9 of this Plan of Government or any Personnel System for City employees in general applicable to the City of Baton Rouge, shall be fixed by the Council. All expenses of the Court, including the compensation of the Judges, Clerk of City Court/Judicial Administrator and other employees, shall be paid from appropriations made by the Council. The Court shall have full power to make and promulgate its own rules of Court within the limitations as might otherwise be imposed by the Constitution or Legislature of Louisiana. (As amended July 29, 1952, effective September 5, 1952; as amended September 11, 1982; as amended November 3, 1998)

SECTION 11.05
City Constable

There shall continue to be a City Constable for the City of Baton Rouge as extended by this Plan of Government, and the provisions of the Charter of the City of Baton Rouge relating to such City Constable shall continue in full force and effect, except to the extent that they are in conflict with the provisions of this Section. The City Constable shall receive no remuneration for the performance of his official duties except the salary mentioned hereinafter. The annual salary of the City Constable shall be fixed by the Council by ordinance adopted at least one year prior to the commencement of the term of the City Constable whose compensation is to be affected thereby, and if no such ordinance be adopted the compensation of the City Constable shall remain as previously fixed by the Council. The Chief Deputy Constable shall be appointed by the City Constable at a salary fixed by the Council. In the event of the City Constable's absence or inability to act for any cause, the Chief Deputy Constable shall have the power and authority to act in his capacity, and to perform all the powers and duties conferred or imposed on the Constable. The number and compensation of other Deputy Constables, who shall be members of the Classified Service as provided in Chapter 9 of this Plan of Government or any Personnel System for City employees in general applicable to the City of Baton Rouge, shall be fixed by the Council. All expenses of the City Constable office, including the compensation of the Constable and his deputies, shall be paid from appropriations made by the Council. (As amended November 3, 1964)

SECTION 11.06
Justices of the Peace and Ward Constables

From and after the first day of January 1949 no Justice of the Peace or Ward Constable shall be elected for or exercise jurisdiction in the City of Baton Rouge as extended by this Plan of Government, but Justices of the Peace and Constables shall be elected from Justices of the Peace Wards outside the City, to be determined by the governing body of the Parish, which may consist of the whole or part of any pre-existing Police Jury Ward or of a combination of such Wards or part of such Wards, provided that the Justices of the Peace and Constables elected in 1948 for any Ward shall retain and exercise their powers, duties and jurisdictions within the limits of such Ward, or the portion of such Ward outside the City of Baton Rouge, for the term for which they were elected.

SECTION 11.07
Parish and School Board Not Affected

Nothing in this Plan of Government shall be taken to affect in any way the rights, powers and duties of the East Baton Rouge Parish School District or the East Baton Rouge Parish School Board.

SECTION 11.08
Certain Officers to Hold Offices Until Their
Successors Are Elected or Appointed and Qualified

The Mayor-President, the members of the Council, the Judge of the City Court, the City Constable, and all officers or members of boards and commissions appointed for fixed terms, shall hold office until their successors are elected or appointed and qualified.

SECTION 11.09
Amendment

Amendments of this Plan of Government may be proposed by majority vote of all the members elected to the Metropolitan Council or by a petition containing the full text of the proposed amendment signed by qualified voters of East Baton Rouge Parish in number equal to ten per cent of the number of votes cast for Sheriff at the last preceding election of Parish officers and filed in the office of the Council Administrator. A proposed amendment shall be submitted by the Council to the qualified voters of the parish at a special election to be called and held by the Council not less than sixty nor more than ninety days after the passage of the amendment by the Council or the filing of the petition; provided, that if a state or congressional primary or election falls within the above period the special election may be held in connection with such primary or election. The Council shall call and hold such special election in the same manner as is provided for the calling and holding of elections on bond issues under Act No. 46 of the extraordinary session of the Legislature of the State of Louisiana for the Year 1921, as amended, except that all qualified voters of East Baton Rouge Parish shall be eligible to vote in such election and except that the form of ballot shall be prescribed by the Council. The Council shall promulgate the returns of said election and shall cause a proces verbal of the election to be filed with the Clerk of Court of the Parish. If the majority of the votes cast on such amendment are in favor thereof a certified copy thereof shall be filed with the Secretary of State and it shall become effective on the thirtieth day following the promulgation of the result of the election unless another time is specified in such amendment.

SECTION 11.10
Severability

If any provision of the Plan of Government or the application thereof to any person or circumstances is held invalid, the remainder of this Plan of Government and the applicability of such provision to other persons or circumstances shall not be affected thereby.

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