§1358.1. Duties of a limited jurisdiction fiscal administrator
A.
(1)The limited jurisdiction fiscal administrator shall have access to all papers,
books, records, documents, films, tapes, and other forms of recordation of the political
subdivision or, as related to the political subdivision of the state or emergency.
(2)The limited jurisdiction fiscal administrator, subject to state law, shall have
authority to direct all fiscal operations of departments and functions of the political
subdivision and to take whatever action he considers necessary to address an emergency
affecting public health, safety, or welfare of the citizens of a political subdivision or the state.
The limited jurisdiction fiscal administrator's authority shall include but not be limited to
authority to take one or m
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§1358.1. Duties of a limited jurisdiction fiscal administrator
A.(1) The limited jurisdiction fiscal administrator shall have access to all papers,
books, records, documents, films, tapes, and other forms of recordation of the political
subdivision or, as related to the political subdivision of the state or emergency.
(2) The limited jurisdiction fiscal administrator, subject to state law, shall have
authority to direct all fiscal operations of departments and functions of the political
subdivision and to take whatever action he considers necessary to address an emergency
affecting public health, safety, or welfare of the citizens of a political subdivision or the state.
The limited jurisdiction fiscal administrator's authority shall include but not be limited to
authority to take one or more of the following actions as necessary to address the emergency:
(a) Amend, formulate, and execute the annual budget and supplemental budgets of
the political subdivision.
(b) Amend, formulate, and execute capital budgets, including authority to amend
borrowing authorization or finance or refinance debt in accordance with law.
(c) Review and approve or disapprove all contracts for goods or services.
(d) Appoint, remove, supervise, and control all personnel.
(e) Alter or eliminate the responsibilities of officials, officers, or employees of the
political subdivision as required by the emergency.
(f) Employ, retain, and supervise managerial, professional, and clerical staff
necessary to carry out the limited jurisdiction fiscal administrator's responsibilities.
(g) Reorganize, consolidate, or abolish departments, commissions, authorities,
boards, offices, or functions of the political subdivision.
(h) Make an appropriation, contract, expenditure, or loan, create a new position, or
fill a vacancy, or approve or disapprove any such action.
(3) Upon the appointment of a limited jurisdiction fiscal administrator, the officer,
officials, and employees of the political subdivision shall serve in an advisory capacity to the
limited jurisdiction fiscal administrator concerning the departments and functions necessary
to address the emergency. The limited jurisdiction fiscal administrator shall allow the
officers, officials, and employees to serve constituents and fulfill duties by providing advice
to the fiscal administrator on matters relating to the emergency. If a conflict arises, the
decision of the limited jurisdiction fiscal administrator shall prevail.
B.(1) Upon appointment by the court, the limited jurisdiction fiscal administrator
shall perform an investigation and file a written report of his findings with the court, the
governing authority of the political subdivision, state treasurer, attorney general, and
legislative auditor. The report shall be updated quarterly during the term of fiscal
administration.
(2) The report shall contain the following:
(a) Amendments to the comprehensive budget of the political subdivisions adopted
pursuant to R.S. 39:1309, or a proposed comprehensive budget if the budget has not been
previously adopted, which insures appropriation of funds to address the emergency.
(b) An estimate of the financial aid or new revenue needed by the political
subdivision if the limited jurisdiction fiscal administrator determines that revenues and
available funds of the political subdivision are, or will be, insufficient to address the
emergency.
(3) The final report shall also contain a proposed two-year plan with the goal of
resolving and addressing any further matters concerning the emergency.
(4) The limited jurisdiction fiscal administrator shall file any other reports required
by the court.
C. In order to perform the investigation and reporting required of the limited
jurisdiction fiscal administrator pursuant to this Chapter, the officers, officials, and
employees of the political subdivision shall provide within three business days, all
information the limited jurisdiction fiscal administrator requests in the performance of his
duties. If the officer, official, or employee is unable to provide the information within the
required time, then the officer, official, or employee shall send a written notice to the limited
jurisdiction fiscal administrator within the three business days of the reason why the
information has not been provided. If the officer, official, or employee fails to respond within
the three business days, or if the limited jurisdiction fiscal administrator fails to receive the
requested information, then the attorney general or his designee shall file either or both of
the following with the district court:
(1) A writ of mandamus to compel the officer or official to perform the mandatory
or ministerial duties.
(2) A motion for injunctive relief seeking to compel the officer, official, or employee
to act or refrain from acting, pending final resolution of the matter.