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City attorney to request state Attorney General opinion on municipal code section 2 d159
Summary
City legal counsel recommended requesting an expedited Attorney General opinion to resolve ambiguity in a 20-year-old ordinance (section 2 d159) that may affect the mayor's authority over creating or reallocating positions; the mayor will make the request to clarify executive-versus-council powers.
City legal counsel told the Gonzales City Council the administration plans to seek an expedited opinion from the state Attorney General about a two-decade-old municipal ordinance (section 2 d159) that relates to the mayor's authority to create, abolish or reallocate city positions.
Counsel said conflicting case law and prior attorney-general opinions have left uncertainty over whether the ordinance improperly limits executive authority over day-to-day administrative positions. The draft request asks the Attorney General to determine whether the ordinance is valid, invalid, or in need of clarification.
Council members asked whether the request amounted to a constitutional challenge or a routine clarification; counsel said the request is an abundance-of-caution step to ensure the city is acting correctly under current law. The mayor will submit the request on behalf of the city.
Next steps: the city will await the Attorney General's response and adjust policies or ordinances based on the guidance provided.
