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Regular Session, 2013
SENATE BILL NO. 47
BY SENATOR MORRELL AND REPRESENTATI VE LEGER
LOCAL AGENCIES. Provides relative to the Sewerage and Water Board of the city of New
Orleans. (See Act)
AN ACT1
To amend and reenact R.S. 33:4071(A), (B), (C)(1), and (E) and 4074 and to repeal R.S.2
33:4071(C)(3), relative to Orleans Parish; to provide relative to the Sewerage and3
Water Board of New Orleans; to change the membership of the board; to provide4
relative to the terms and removal of board members; and to provide for related5
matters.6
Notice of intention to introduce this Act has been published.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:4071(A), (B), (C)(1), and (E) and 4074 are hereby amended and9
reenacted to read as follows:10
§4071. Creation and organization of sewerage and water board11
A.(1) The public water system, the public sewerage system, and the public12
drainage system of the city of New Orleans shall be constructed, controlled,13
maintained, and operated by a sewerage and water board to be composed as follows:14
(a) The mayor.15
(b) Three members of the New Orleans city council selected by the council.16
At least one of such members shall be an at-large member of the council.17 SB NO. 47
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(c) Two syndicate members of the board of liquidation, city debt, to be1
appointed by the mayor on the recommendation of the board of liquidation, city debt.2
(d)Seven (c) Six citizens, to be appointed by the mayor, with the advice and3
consent of the city council, as follows: from a list of nominees submitted by the4
Sewerage and Water Board Selection Committee. The mayor's appointments5
shall include one citizen from each of the five councilmanic districts within the6
city of New Orleans.7
(d) One citizen, to be appointed by each council at-large member, from8
a list of nominees submitted by the Sewerage and Water Board Selection9
Committee.10
(2)(a) For purposes of this Section, the Sewerage and Water Board11
Selection Committee, hereinafter referred to as the "selection committee", is12
hereby created to be composed of the presidents or their designees of Dillard13
University, Loyola University, Tulane University, and Xavier University and the14
chancellors or their designees of Delgado Community College, University of15
New Orleans, and Southern University at New Orleans.16
(b) Notice of a vacancy on the Sewerage and Water Board shall be17
published in the official journal for Orleans Parish by the Sewerage and Water18
Board and shall be communicated through any other publication, website, or19
electronic medium maintained by the New Orleans Sewerage and Water Board20
or the city of New Orleans for the purpose of achieving public awareness of the21
vacancy. Such notice shall advise potential candidates of the residency22
requirements, professional qualifications, and application deadlines. Such23
notices shall be published no less than two times within a thirty day period after24
a vacancy has been declared by the Sewerage and Water Board. Any interested25
person who meets the qualifications provided for in this Section shall submit an26
application to the Sewerage and Water Board confirming their eligibility,27
professional qualifications, and experience. The Sewerage and Water Board28
shall transmit all applications received to the selection committee within seven29 SB NO. 47
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days after the deadline for submission of applications.1
(c) The selection committee shall meet no less than fifteen days and no2
more than thirty days after close of the application deadline to consider each3
name submitted for nomination. Selection committee members may also submit4
names of persons who also meet the qualification requirements provided in this5
Section. The selection committee shall verify that each nominee meets such6
qualification requirements. After a thorough review of each application, the7
selection committee shall by majority vote submit to the mayor, or the council8
at-large members as appropriate, three names for each vacancy on the9
Sewerage and Water Board.10
(d) Within sixty days of receipt of the list of nominees, the mayor shall11
select one of the three nominees for submission to the city council for approval.12
(e) The city council shall have thirty days from receipt of submission of13
the nomination by the mayor to disapprove the nominee. If the city council does14
not disapprove the nominee within such time, it shall be deemed that the city15
council consents to the appointment.16
(f) If the city council disapproves the nominee from the mayor, the17
selection committee shall convene in no less than thirty days and no more than18
sixty days after disapproval to resubmit three nominees to the mayor.19
(g) If for any reason the mayor fails to submit a nomination to the city20
council within sixty days of receipt of the list of nominees by the selection21
committee, the selection committee shall submit such list of nominees directly22
to the city council for selection and approval.23
(i) Two from the city at large.24
(ii) One from each of the five councilmanic districts of the city.25
(3) Each nominee shall have experience in either architecture,26
environmental quality, finance, accounting, business administration,27
engineering, law, public health, urban planning, facilities management, public28
administration, science, construction, business management, community or29 SB NO. 47
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consumer advocacy, or other pertinent disciplines.1
(2)(4)(a) The terms of office of board members shall be nine four years2
after initial terms as provided in Subparagraph (b) of this Paragraph. A3
member shall serve no more than two consecutive terms of office.4
(b) Two members shall serve an initial term of one year; two members5
shall serve an initial term of two years; two members shall serve an initial term6
of three years; and two members shall serve an initial term of four years, as7
determined by lot at the first meeting of the board.8
(3)(5) If the mayor is unable to attend a meeting of the sewerage and water9
board, he may be represented at any such meeting by a person designated by the10
mayor who shall be an unclassified member of the mayor's administration. Any such11
person shall have all rights and powers granted to the mayor with regard to any such12
meeting and shall have the right to vote for or in the stead of the absent mayor. In13
addition, any such person shall be counted for purposes of a quorum.14
(6) The appointments to the board shall reflect the racial and gender15
diversity of the population of the city of New Orleans to the extent practicable.16
B.(1) Each of the citizen members must shall be a registered voter in the area17
from which he is appointed, Orleans Parish and he must shall have been a resident18
of the area Orleans Parish for two years previous to his appointment.19
(2) Any person designated by the mayor to attend a meeting of the sewerage20
and water board in his absence shall be a resident and qualified voter of the city of21
New Orleans In the event any appointed member is elected to any office or22
removes his residence from Orleans Parish, his membership on the board shall23
be ipso facto vacated, and his successor shall be immediately appointed.24
C.(1) All vacancies occurring in the membership of the board under25
appointment by the mayor shall be filled in the manner prescribed by this Part26
Section for the original appointment.27
* * *28
E. The board shall make rules fixing its own meetings and procedure, and29 SB NO. 47
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these rules may be changed only by a vote of nine members at a regular meeting. A1
quorum of the board shall adopt rules fixing its own meetings and procedures.2
Any amendments or changes to such rules shall be adopted only after approved3
by a quorum of the board.4
* * *5
§4074. Meetings of the board6
All meetings of the board shall be held in accordance with rules adopted by7
the board and shall be open and public. All its transactions shall be recorded in the8
minutes to be kept in writing by the executive director, and its records shall be9
public. Seven Five members thereof shall constitute a quorum.10
Section 2. R.S. 33:4071(C)(3) is repealed.11
Section 3. This Act shall take effect and become operative on the first day of January12
following an election where a majority of the voters of the city of New Orleans approve an13
amendment of Article V, Chapter 3, Section 5-301 of the home rule charter of the city to14
change the composition of the Sewerage and Water Board of New Orleans to provide the15
identical composition of the board as contained in this Act.16
Section 4. The terms of the members of the Sewerage and Water Board for the city17
of New Orleans in office on the effective date of this Act shall serve until their successors18
have been appointed. The members of the Sewerage and Water Board for the city of New19
Orleans shall be appointed and shall take office as provided in this Act and shall serve terms20
of office as provided in this Act. This Section shall not be construed to prevent the21
reappointment to the board of a member in office on the effective date of this Act.22
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michael Bell.
DIGEST
Morrell (SB 47)
Present law provides that the public water, sewerage, and drainage systems of the city of
New Orleans shall be constructed, controlled, maintained, and operated by the Sewerage and
Water Board of the city of New Orleans.
Present law provides that the board is composed of the mayor, three members of the city
council, one of whom is required to be an at-large member of the council, two members of SB NO. 47
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the board of liquidation, city debt, and seven citizens, appointed by the mayor, two at large
and one from each of the five council districts.
Proposed law provides that the board is composed of 11 members, who shall reflect the
racial and gender diversity of the population of the city of New Orleans to the extent
practicable.
Proposed law provides for the mayor to appoint six members from a list of nominees
submitted by the Sewerage and Water Board Selection Committee. The mayor's
appointments shall include one citizen from each of the five councilmanic districts within
the city of New Orleans.
Proposed law provides for one citizen to be appointed by each council at-large member from
a list of nominees submitted by the Sewerage and Water Board Selection Committee.
Proposed law creates the Sewerage and Water Board Selection Committee and provides a
process for selecting a nomination pool of applicants.
Proposed law requires each nominee to have experience in either architecture, environmental
quality, finance, accounting, business administration, engineering, law public health, urban
planning, facilities management, public administration, science, construction, business
management, community or consumer advocacy or other pertinent discipline.
Present law provides that terms of board members are nine years.
Proposed law reduces terms of board members to four years and prohibits a member from
serving more than two consecutive terms of office. Also provides that in the event any
appointed member is elected to any office or removes his residence from Orleans Parish, his
membership on the board is ipso facto vacated, and his successor shall be immediately
appointed.
Present law provides that a quorum of the board is seven members and requires a vote of
nine board members to change rules adopted by the board.
Proposed law provides that a quorum of the board is five members and requires a quorum
vote to adopt or change rules.
Present law provides for councilmanic board membership when redistricting occurs.
Proposed law repeals such provisions.
Proposed law provides that members of the board for the city of New Orleans in office on
the effective date of proposed law shall serve until their successors are appointed. The
members of the board for the city of New Orleans shall be appointed and shall take office
as provided in proposed law and shall serve terms of office as provided in proposed law.
Provides that proposed law shall not be construed to prevent the reappointment to the board
of a member in office on the effective date of proposed law.
Effective on the first day of Jan. following an election where a majority of the voters of the
city of New Orleans approve an amendment to the home rule charter of the city to change
the composition of the board to provide the identical composition of the board as contained
in proposed law.
(Amends R.S. 33:4071(A), (B), (C)(1), and (E) and 4074; repeals R.S. 33:4071(C)(3))
Summary of Amendments Adopted by Senate SB NO. 47
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Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Adds requirement that board members from the board of liquidation be
syndicate members.
2. Adds provisions creating Sewerage and Water Board Selection Committee
and provisions relative to nomination process.
3. Adds requirement that the mayor appoint at least one member from each
councilmanic district.
4. Adds an appointment to the board by each council at-large member.
5. Adds experience in science, construction, business management or other
pertinent discipline to proposed law list that meets the qualifications for
board members.
6. Adds staggered initial terms.
7. Adds requirement that appointments to board reflect racial and gender
diversity of city.