LEGAL EAGLES QUESTION PROPOSED EMERGENCY ORDINANCE TO PURCHASE PROPERTY FOR POLICE SUBSTATIONS
"Lets kill all the lawyers" is a line from William Shakespeare's Henry IV, Part 2, Act IV, Scene 2. Actually the full quote is: "The first thing we do, let's kill all the lawyers."
This line is among Shakespeare's most famous lines. It's sentiments are still alive and well when legal principles and precedents sometimes interfere with political goals. This scenario may, with the emphasis on "may", come into play with an ordinance that could be passed tomorrow (Tues.) by the Shreveport City Council.
An emergency ordinance can be passed on the first reading--the day of official introduction--by votes of five council members. This step eliminates the normal two week layover for ordinances. Such is the case with the emergency ordinance to buy 8509 Line Ave. for a police substation.
This ordinance does, however, have some legal issues that potentially place Shreveport city attorney Marcus Edwards back in the crosshairs between representation of the City and the Council. Its not a new dileman, as previous councils have learned to their collective chagrin that the City of Shreveport is the client of the City Attorney's office, not the City Council.
The first issue that could be questioned is the classification of the ordinance as "an emergency" as defined by the Shreveport City Charter. The whereas clauses to the ordinance attempt to shoehorn the desired purchase into the charter language authorizing the quick adoption of an ordinance.
The second potential landmine is the directive of the ordinance itself. The operative provisions of the ordinance read:
1. "the City of Shreveport SHALL (emphasis added) purchase the property and improvements at 8509 Line Avenue, Shreveport , Louisiana, 71106 to be used as a police substation for fair market value as determined by appraisal.
2. the major shall undertake all necessary actions to have said building appraised and purchased at the fair market value price."
At least two troublesome legal issues must be addressed.
The first is can the council mandate what the actions a mayor must perform?
Secondly, can the council mandate the purchase of property without a designated funding source?
The motivation for the ordinance is to fulfill the 2021 bond proposition to fund three police substations. Two locations have been identified for substations and plans are being prepared to bid these projects.
The total costs of these two and the remaining balance of the bond money for the purchase of the third location to be at 8509 Line Ave. is not known at this time. How the City can fund the acquisition of the Line Ave. location is an unknown and will be even when the mandated appraisal, if ordered, is completed.
Edwards can expect some hostile questions at today's (Mon.) work session and the regular council meeting tomorrow (Tues.). He has handled these quite well since taking the job and no doubt he is up to the task.
Mayor Tom Arcneneaux, an experienced municipal lawyer in his own right, had to miss the Washington Mardi Gras festivities this past weekend due to recovery from his new hip. Stewing over the political and legal conundrum of the emergency ordinance certainly was like eating a cold bowl of porridge during the feast enjoyed by others.