ORDINANCE
STATE OF LOUISIANA NO. 12,265
CITY OF MONROE
The following Ordinance was introduced by McFarland who moved for its adoption and was seconded by Muhammad :
AN ORDINANCE INITIATING A CITY COUNCIL INVESTIGATION INTO THE MONROE FIRE DEPARTMENT AND ITS EMPLOYEES UNDER SECTION 2-07 OF THE MONROE CITY CHARTER AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, a City Councilmember has received reports that Monroe Fire Department employees have misused public funds and property in violation of policy and law, including misusing funds and equipment for travel without authorization or prior approval;
WHEREAS, Section 2-07 of the Charter authorizes “[t]he council, by the favorable vote of at least two thirds of its authorized membership,” to “make investigations into the affairs of the City and the related conduct of any City official, officer, employee, department, office or agency”;
WHEREAS, La. R.S. 42:16 authorizes a public body to hold an executive session for one or more of the reasons listed in La. R.S. 42:17, and La. R.S. 42:17A(4), authorizes executive sessions for “Investigative proceedings regarding allegations of misconduct”; and
WHEREAS, because of the allegation of misconduct in the Fire Department, it is necessary for the City Council to conduct an investigation under Section 2-07 of the Charter.
NOW THEREFORE, BE IT ORDAINED, by the City Council, in legal and regular session convened, that:
SECTION 1. INVESTIGATION. The City Council hereby initiates an investigation under Section 2-07 of the Charter of the City of Monroe into matters relating to allegations of misuse of public funds and property in violation of policy and law within the Monroe Fire Department, including misusing funds and equipment for travel without authorization or prior approval.
SECTION 6. POWERS. The City Council shall have the following powers in accordance with Section 2-07 of the Charter:
- Investigate. The City Council shall have power to investigate the official conduct of any office, department, commission, board or agency of the City government or of any officer or employee thereof as specified in this Ordinance.
- Oaths, Subpoena Witnesses and Production of Records. The City Council shall have the power to administer oaths, and the City Council may also compel the attendance of witnesses and require the production of records by a majority vote of its authorized membership.
- Pursuant to Section 2-07 of the City Charter, any person who refuses to obey the lawful subpoena of the City Council shall, upon conviction in any court of competent jurisdiction, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days or both.
- Executive Sessions. The City Council is authorized to conduct “investigative proceedings” in executive session(s) as authorized by La. R.S. 42:16 and La. R.S. 42:17.
SECTION 7. ASSISTANCE AND COUNSEL. The Council Chairperson is authorized to solicit the assistance and advice of the City Attorney, the Internal Auditor, and the Council Clerk during the investigation and may assign investigatory duties, including the gathering of evidence, documents, and testimony, to those assisting in the investigation.
BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Ordinance, which can be given affect without the invalid provisions, items or applications and to this end the provisions of this Ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that, upon the introduction and passage of this Ordinance by at least two thirds of the authorized membership of the City Council, pursuant to City Charter Section 2-13(D), the Mayor does not have veto powers related to this adopted Ordinance regarding investigations by the City Council.
BE IT FURTHER ORDAINED that this Ordinance shall become effective immediately upon adoption.
This Ordinance was introduced by a favorable vote of two-thirds of the authorized membership of City Council on May 13, 2025.
Notice Published on the 16th day of May 2025.
This Ordinance having been submitted in writing, introduced and published, was then submitted to a vote as a whole, the vote thereon being as follows:
AYES: Harvey, Woods, McFarland & Muhammad
NAYS: Ezernack
ABSENT: None.
And the Ordinance was declared ADOPTED on May 27, 2025.
Juanita Woods
CHAIRPERSON
Carolus S. Riley
CITY CLERK
Oliver Friday Ellis
MAYOR’S APPROVAL
MAYOR’S VETO