[StBernard] Attorney General Opinions

[Westley Annis]

#08-0293
It is our opinion that the proposed monthly $20 garbage and trash collection
and
disposal service charge contemplated by Ordinance SBPC #892-08-08, and the
proposed mosquito control service fee contemplated by Ordinance SBPC
#893-08-08
are both properly classified as "fees". Accordingly, both can be implemented
by the
adoption of an ordinance. (Vallan)
Op to Mr. Wayne J. Landry, Council Chair, St. Bernard Parish Council,
Chalmette, LA
Date Released: March 30, 2009

#09-0050
The St. Bernard Parish Council, as a post-1974 home rule charter government,
may not
enact an ordinance which is denied by general law, inconsistent with the
Constitution, or
inconsistent with the terms of its charter. The qualifications and selection
and removal
procedures governing the Council and the appointment of the Board of
Commissioners
of the St. Bernard Parish Hospital Service District are set forth by La.
R.S. 46:1053. An
ordinance which changes the qualifications, selection and removal process of
the
members of the hospital service district board as set forth in La. R.S.
46:1053 is invalid as in contravention of the police power reserved to the
state. The St. Bernard Parish Council may become the governing authority of
the hospital service district if such action is approved by a majority of
the parish electors at a special election called to consolidate the hospital
service district into the parish. (Kilpatrick)
Op to Mr. Wayne J. Landry, Councilman at Large, St. Bernard Parish Council,
Chalmette, LA
Date Released: April 2, 2009