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Committee weighs council investigative powers, subpoena authority and funding for investigations

3035751 · April 10, 2025
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Summary

Members debated clarifying the Home Rule Charter to spell out how the council can investigate parish government, use subpoena power and obtain outside professional services to carry out investigations.

Committee discussion focused on Home Rule Charter language that governs the council's investigative authority and whether the charter should explicitly give the council subpoena power and a process to secure resources for investigations.

Committee member Tanner pressed for clearer language enabling the council to investigate and to use subpoena power where necessary. She said the council has encountered limits to how far it may go and that the lack of procedures complicated prior inquiries.

Legal and committee staff said prior episodes revealed there is no clearly defined, charter‑level process describing who conducts investigations, how they are conducted, and what resources (attorneys, forensic accountants) are available. Committee member Arthur urged that the charter or an ordinance explicitly permit the council to contract for professional services to execute investigations so the council would not be left with an unfunded mandate.

District Attorney Sims and other speakers discussed an alternative: a state‑level inspector general (IG) office under consideration at the state level could, if adopted and locally funded, provide investigatory powers including subpoena authority. Members noted the IG’s authority would likely be limited to funds and agencies that flow through parish government; special districts with independent funding (for example, the Mosquito Abatement District) may fall outside the IG's reach unless law or charter is changed.

The committee did not adopt charter language but asked staff and legal counsel to draft possible amendments and procedures. Several members recommended drafting investigatory procedures inside the charter (rather than only by ordinance) to provide durability across administrations.

Why it matters: The ability of an elected council to investigate potential misuse of public funds or conflicts depends on clear legal authority, funding and procedures. Members emphasized avoiding confusion in future inquiries by specifying scope, resourcing, and whether the council may hire outside counsel or auditors for investigations.

Next steps: Staff and legal counsel will research language options and return proposals; committee members asked to consider whether investigatory processes should be carved into the charter or established by ordinance.