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Attorney General’s Opinions Open Meetings Law Opinion 23- 0012: While it may be advisable that an agenda item contain notice of executive session, such a specific designation is not required by law. Jeff Landry, Attorney General A majority of the City Council is necessary to provide advice and consent to confirm the Mayor’s appointment of a City Attorney, and the Mayor does not have the authority to appoint an “interim” City Attorney without the advice and consent of a majority of the City Council. The Charter appears to allow a situation in which a City Attorney performs civil duties for Bastrop, while the City Prosecutor performs criminal duties. Released: 7/27/2023 Authority of Elected Officials Opinion 23-0073: The Mayor does not have the authority to install GPS devices on police department vehicles. The Mayor does not have the authority to install key loggers or spyware on police department computers. Released: 7/26/2023 Opinion 23-0035: The Board of Aldermen of the Town of Elton may not require the Mayor to work a certain number of hours, require a schedule of work hours, or require the Mayor to keep a timesheet and record hours worked. Released: 6/19/2023 Mayor’s Courts Opinion 23-0068: The fine assessed for failure to appear should be deposited into the Town’s general fund. Before a court can determine that the defendant has committed a direct contempt, the defendant must be given an opportunity to be heard so that he can offer the court a defense or explain other mitigating circumstances. Released: 6/27/2023 Louisiana Housing Corporation Keys for Success The Louisiana Housing Corporation (LHC) understands the unique challenges our heroes face when it comes to homeownership. With demanding schedules and added financial stress, saving for a down payment and closing costs can make the dream of owning a home seem out of reach. The Keys for Service program is here to bridge that gap and make it easier and more affordable for our Louisiana first responders, certified teachers, and essential workers, to purchase their dream homes. This program is designed to be simple and easy to use. LHC works with participating lenders and real estate professionals to ensure the process is as seamless as possible. Whether you’re a first time homebuyer or looking to move to your next home, LHC is here to help. With the Keys for Service program, Louisiana residents who meet one of the following criteria can receive 4% in down payment and closing cost toward purchasing their home. Qualifications: • The maximum annual household income for borrowers is $125,000 • Activate, full-time employees of city, parish, or state law enforcement or emergency response agency • Active, full-time firefighters, licensed paramedics, or public safety telecommunications employees • Active, full-time teachers • Active, full-time employees of hospitals, physician offices, pharmacies, drug stores, outpatient care centers, nursing care facilities, and assisted living centers. For more information, visit www.lhc. la.gov/keysforservice. By Joshua McNemar Louisiana Housing Corporation McNemar is Chief of Staff for the Louisiana Housing Corporation. He can be reached by emailing JMcNemar@lhc. la.gov. Page 8 LMR | AUGUST/SEPTEMBER 2023
LEGAL BRIEFS Legislative Session Expands Sunshine Laws US Supreme Court Justice Louis D. Brandeis, a towering legal and judicial figure who largely shaped American jurisprudence, noted, “sunlight is said to be the best of disinfectants;” Dalai Lama opined, “A lack of transparency results in distrust and a deep sense of insecurity;” and Founding Father Patrick Henry famously declared, “The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.” Louisiana’s Public Records Law and Open Meetings Law are rooted in these concepts, and flow from the principle articulated in Article XII, Section 3 of the Louisiana Constitution: “No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established law.” Nearly every legislative session, there are bills that would alter aspects of one or both of these “Sunshine Laws,” but the 2023 Regular Session ushered in substantive changes of which municipal leaders should be aware. It has long been the case that a public records custodian may charge a requestor for making copies of public records and may also demand payment in advance of providing the responsive records to the requestor. Last year, the law was tweaked to specifically provide that such reproduction fees may include the transmission of electronic copies of public records (i.e., providing records via email, shared cloud-based apps, and more). Admittedly, the fee schedule for electronic transmission of electronic records can be hard to promulgate, as electronically stored data can be difficult to paginate. Nonetheless, the law empowers custodians to charge for both hard-copy and electronic reproduction of records. This year, the legislature again amended the Public Records Law to add a new mandate: “Any custodian who elects to establish and collect such fees shall establish a reasonable fee schedule and post the schedule where it can be readily accessed by the public.” (Act 247 of 2023) This means that any municipality who wishes to charge a fee for the reproduction of records, whether by hard copy or electronic means, MUST have a clearly defined fee schedule, and must further make that fee schedule “readily accessible” to the public. This would certainly include having the fee schedule readily available at municipal buildings and on the municipality’s website. In short, use all reasonable diligence to make the fee schedule easy to find for anyone seeking to access public records. The Open Meetings Law sustained an even greater shift. Act 393 of 2023 added two new obligations for municipalities, both rooted in ADA-recognized disabilities. Every municipal government must now adopt rules, regulations, and procedures to accommodate participation in their public meetings by members of the public with disabilities recognized by the Americans with Disabilities Act; AND the municipality must also adopt rules, regulations, and procedures to allow any member of the municipal board of aldermen/council with an ADA-recognized disability to participate and vote via electronic means. Further, if a member of the body is participating remotely under this new provision, it automatically triggers a requirement that the municipality open up public participation via “electronic means,” which is broadly defined to include teleconferencing and/or video conferencing. To assist our members in complying with these new ADA-based open meetings requirements, the LMA will publish model guidance on our website under the “Publications” tab, which will be available starting September 1. The full text of both legislative acts may be found at www.legis.la.gov under the “Bills” tab. Editor’s Note: The information provided in this column is not a replacement for consultation with your own municipal attorney, and it should not be considered legal advice for any particular case or situation. by Karen Day White LMA Executive Counsel White is a member of the LMA Legislative Advocacy Team and can be reached at kwhite@lma.org. LMR | AUGUST/SEPTEMBER 2023 Page 9
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Page 5 and 6: PRESIDENT’S MESSAGE To My LMA Fam
Page 7: TREASURY NOTES LA Treasury Unclaime
Page 11 and 12: LaMATS and LPS Project Coordinator
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Page 15 and 16: ALWAYS ON FOR YOU. JOHN M. SCHRODER
Page 17 and 18: innovative ideas coming from so man
Page 19 and 20: 86 TH ANNUAL CONVENTION LMR | AUGUS
Page 21 and 22: District Vice Presidents 2023-2024
Page 23 and 24: Lt. Governor Billy Nungesser was th
Page 25 and 26: Workshops We presented participants
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Page 29 and 30: 86 TH ANNUAL CONVENTION Sarah Traha
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Page 35 and 36: The Louisiana Municipal Association
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August/September 2023

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