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Regular Session, 2013 ENROLLED
SENATE BILL NO. 47
BY SENATOR MORRELL AND REPRESENTATI VES BROSSETT AND LEGER
AN ACT1
To amend and reenact R.S. 33:4071(A), (B), (C)(1), and (E) , 4074, and 4091 and to repeal2
R.S. 33:4071(C)(2) and (3), relative to Orleans Parish; to provide relative to the3
Sewerage and Water Board of New Orleans; to change the membership of the board;4
to provide relative to the terms and removal of board members; to require the board5
to report on contracts for the construction and repair of its public systems of water,6
sewerage, and drainage and on the operations of such systems; and to provide for7
related matters.8
Notice of intention to introduce this Act has been published.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 33:4071(A), (B), (C)(1), and (E), 4074, and 4091 are hereby11
amended and reenacted to read as follows:12
§4071. Creation and organization of sewerage and water board13
A.(1) The public water system, the public sewerage system, and the public14
drainage system of the city of New Orleans shall be constructed, controlled,15
maintained, and operated by a sewerage and water board to be composed as follows:16
(a) The mayor.17
(b) Three members of the New Orleans city council selected by the council.18
At least one of such members shall be an at-large member of the council.19
(c) Two syndicate members of the board of liquidation, city debt, to be20
appointed by the mayor on the recommendation of the board of liquidation, city debt.21
(d)Seven (c) Eight citizens, to be appointed by the mayor, with the advice22
and consent of the city council as follows: from a list of nominees submitted by23
ACT No. 345 SB NO. 47 ENROLLED
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the Sewerage and Water Board Selection Committee.1
(d) The members appointed pursuant to Subparagraphs (b) and (c) of2
this Paragraph shall include one citizen from each of the five councilmanic3
districts within the city of New Orleans. In addition, two of the appointments4
shall be consumer advocates with community advocacy or consumer protection5
experience or experience in a related field.6
(2)(a) For purposes of this Section, the Sewerage and Water Board7
Selection Committee, hereinafter referred to as the "selection committee", is8
hereby created to be comprised as follows:9
(aa) The president of Dillard University or his designee.10
(bb) The president of Loyola University or his designee.11
(cc) The president of Tulane University or his designee.12
(dd) The president of Xavier University or his designee.13
(ee) The chancellor of Delgado Community College or his designee.14
(ff) The chancellor of University of New Orleans or his designee.15
(gg) The chancellor of Southern University at New Orleans or his16
designee.17
(hh) The chair of the board of directors of the New Orleans Chamber of18
Commerce or his designee.19
(ii) The president of the board of directors of the New Orleans Regional20
Black Chamber of Commerce or his designee.21
(jj) The chair of the board of directors of the Urban League of Greater22
New Orleans or his designee.23
(b) Notice of a vacancy on the Sewerage and Water Board shall be24
published in the official journal for Orleans Parish by the Sewerage and Water25
Board and shall be communicated through any other publication, website, or26
electronic medium maintained by the New Orleans Sewerage and Water Board27
or the city of New Orleans for the purpose of achieving public awareness of the28
vacancy. Such notice shall advise potential candidates of the residency29
requirements, professional qualifications, and application deadlines. Such30 SB NO. 47 ENROLLED
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notices shall be published no less than two times within a thirty day period after1
a vacancy has been declared by the Sewerage and Water Board. Any interested2
person who meets the qualifications provided for in this Section shall submit an3
application to the Sewerage and Water Board confirming their eligibility,4
professional qualifications, and experience. The Sewerage and Water Board5
shall transmit all applications received to the selection committee within seven6
days after the deadline for submission of applications.7
(c) The selection committee shall meet no less than fifteen days and no8
more than thirty days after close of the application deadline to consider each9
name submitted for nomination. Selection committee members may also submit10
names of persons who also meet the qualification requirements provided in this11
Section. The selection committee shall verify that each nominee meets such12
qualification requirements. After a thorough review of each application, the13
selection committee shall by majority vote submit to the mayor three names for14
each vacancy on the Sewerage and Water Board.15
(d) Within sixty days of receipt of the list of nominees, the mayor shall16
select one of the three nominees for submission to the city council for approval.17
(e) The city council shall have thirty days from receipt of submission of18
the nomination by the mayor to disapprove the nominee. If the city council does19
not disapprove the nominee within such time, it shall be deemed that the city20
council consents to the appointment.21
(f) If the city council disapproves the nominee from the mayor, the22
selection committee shall convene in no less than thirty days and no more than23
sixty days after disapproval to resubmit three nominees to the mayor.24
(g) If for any reason the mayor fails to submit a nomination to the city25
council within sixty days of receipt of the list of nominees by the selection26
committee, the selection committee shall submit such list of nominees directly27
to the city council for selection and approval.28
(i) Two from the city at large.29
(ii) One from each of the five councilmanic districts of the city.30 SB NO. 47 ENROLLED
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(3) Each nominee shall have experience in either architecture,1
environmental quality, finance, accounting, business administration,2
engineering, law, public health, urban planning, facilities management, public3
administration, science, construction, business management, community or4
consumer advocacy, or other pertinent disciplines.5
(2)(4)(a) The For members appointed pursuant to Subparagraphs6
(A)(1)(b) and (c) of this Section, the terms of office of board members shall be nine7
four years after initial terms as provided in Subparagraph (b) of this Paragraph.8
A member shall serve no more than two consecutive terms of office.9
(b) Two members shall serve an initial term of one year; two members10
shall serve an initial term of two years; two members shall serve an initial term11
of three years; and two members shall serve an initial term of four years, as12
determined by lot at the first meeting of the board.13
(3)(5) If the mayor is unable to attend a meeting of the sewerage and water14
board, he may be represented at any such meeting by a person designated by the15
mayor who shall be an unclassified member of the mayor's administration. Any such16
person shall have all rights and powers granted to the mayor with regard to any such17
meeting and shall have the right to vote for or in the stead of the absent mayor. In18
addition, any such person shall be counted for purposes of a quorum.19
(6) The appointments to the board shall reflect the racial and gender20
diversity of the population of the city of New Orleans to the extent practicable.21
B.(1) Each of the citizen members must shall be a registered voter in the area22
from which he is appointed, Orleans Parish and he must shall have been a resident23
domiciliary of the area Orleans Parish for two years previous to his appointment.24
(2) Any person designated by the mayor to attend a meeting of the sewerage25
and water board in his absence shall be a resident and qualified voter of the city of26
New Orleans In the event any appointed member is elected to any office or27
removes his domicile from Orleans Parish, his membership on the board shall28
be ipso facto vacated, and his successor shall be immediately appointed.29
C.(1) All vacancies occurring in the membership of the board under30 SB NO. 47 ENROLLED
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appointment by the mayor shall be filled in the manner prescribed by this Part1
Section for the original appointment.2
* * *3
E. The board shall make rules fixing its own meetings and procedure, and4
these rules may be changed only by a vote of nine members at a regular meeting. A5
quorum of the board shall adopt rules fixing its own meetings and procedures.6
Any amendments or changes to such rules shall be adopted only after approved7
by a quorum of the board.8
* * *9
§4074. Meetings of the board10
All meetings of the board shall be held in accordance with rules adopted by11
the board and shall be open and public. All its transactions shall be recorded in the12
minutes to be kept in writing by the executive director, and its records shall be13
public. Seven Six members thereof shall constitute a quorum.14
* * *15
§4091. Reports of board16
A. On or prior to the first day of May of each year, the board shall make to17
the city council, in writing, a full and detailed report of its acts, doings, receipts, and18
expenditures, the same to be put in printed form for public distribution, and a19
synopsis of same, including a statement of receipts and disbursements, published in20
the official journal of the city.21
B. In addition to the requirements of Subsection A of this Section, the22
board shall report quarterly, in September, December, March, and June, to the23
city council relative to the contracts let in the construction and repair of its24
public systems of water, sewerage, and drainage. Such report shall include the25
following for new contracts let during the reporting period:26
(1) The total number of contracts let to all contractors.27
(2) The total value of contracts let to all contractors.28
(3)(a) The total number of contracts let to local disadvantaged business29
enterprises expressed as a percentage of the total number of contracts let.30 SB NO. 47 ENROLLED
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(b) The total number of contracts let to local businesses expressed as a1
percentage of the total number of contracts let.2
(4)(a) The total value of contracts let to local disadvantaged business3
enterprises expressed as a percentage of the total value of contracts let.4
(b) The total value of contracts let to local businesses expressed as a5
percentage of the total value of contracts let.6
(5) The total number of contracts let to a fifty-fifty joint venture7
enterprise expressed as a percentage of the total number of contracts let.8
C. In addition to the requirements of Subsections A and B of this9
Section, the board shall report quarterly, in September, December, March, and10
June, to the city council relative to its operations. Such report shall include the11
following in a manner as prescribed by the city council:12
(1) Standard industry metrics for best practice, including but not limited13
to:14
(a) Percentage of water loss.15
(b) Percentage of water paid.16
(c) Percentage of receivables outstanding, including delinquency17
schedule.18
(d) Customer service improvements.19
(2) Processes and indicators for prevention of waste or fraud.20
(3) Performance metrics for employees and contractors.21
(4) Benchmarks of success regarding improved coordination between22
the board and the Department of Public Works to ensure priority and resource23
alignment.24
(5) Report on the efficiency and effectiveness of information systems.25
(6) Detailed reports on assessment and status of technologies and26
operation programs and strategies for system redundancy and service27
improvements.28
(7) Detailed reports on assessment and status of operational reforms,29
capital improvement programs, and service assurance programs.30 SB NO. 47 ENROLLED
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Section 2. R.S. 33:4071(C)(2) and (3) are hereby repealed.1
Section 3. This Act shall take effect and become operative on the first day of January2
following an election at which a majority of the voters of the city of New Orleans approve3
an amendment of Article V, Chapter 3, Section 5-301 of the home rule charter of the city to4
change the composition of the Sewerage and Water Board of New Orleans to provide the5
identical composition of the board as contained in this Act.6
Section 4. The terms of the members of the Sewerage and Water Board for the city7
of New Orleans in office on the effective date of this Act shall terminate on the effective8
date of this Act; however, such members shall remain in office until the board members are9
appointed as provided in this Act and take office. The members of the Sewerage and Water10
Board for the city of New Orleans shall be appointed and shall take office as provided in this11
Act and shall serve terms of office as provided in this Act. This Section shall not be12
construed to prevent the reappointment to the board of a member in office on the effective13
date of this Act.14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: