Resolution Seeking Louisiana Attorney General's Opinion On Whether Caddo Commission Can Serve As A Planning and Zoning Commission

RESOLUTION NO.
__ OF 2022
BY THE CADDO PARISH COMMISSION:
A RESOLUTION AUTHORIZING THE PARISH ATTORNEY’S OFFICE TO

REQUEST AN OPINION FROM THE LOUISIANA STATE ATTORNEY
GENERAL’S OFFICE REGARDING THE AUTHORITY OF THE PARISH
COMMISSION FUNCTIONING AS A PLANNING AND ZONING COMMISSION
AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the Home Rule Charter for Caddo Parish in Section 2-04 provides the general
powers of the parish and in Section 2-05 provides the special powers of the parish;
WHEREAS, that Home Rule Charter establishes a parish commission to serve as the legislative
branch of parish government;
WHEREAS, state statutes provide for the creation, composition, and authority of planning
commissions and zoning commissions; and
WHEREAS, the question has arisen as to whether the Caddo Parish Commission may designate
itself as the planning and zoning commission for Caddo Parish.
NOW, THEREFORE BE IT RESOLVED, by the Caddo Parish Commission in due, regular and
legal session that the Caddo Parish Commission does hereby authorize the Parish Attorney to request on
behalf of Caddo Parish an opinion from the Attorney General of the State of Louisiana as to whether or
not the Parish Commission may designate itself as the planning and zoning commission for Caddo
Parish.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application
thereof is held invalid, such invalidity shall not affect other provisions, items or applications which can be
given effect without the invalid provisions, items or applications, and to this end, the provision of this
resolution are hereby declared severable.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
BE IT FURTHER RESOLVED that all resolution or parts thereof in conflict herewith are hereby
repealed.
Approved as to legal form:
_________________________
Office of the Parish Attorney
_________________________
Date
RESOLUTION FACT SHEET
CADDO PARISH COMMISSION
TITLE
Resolution 9 of 2022
A RESOLUTION AUTHORIZING THE PARISH ATTORNEY'S OFFICE TO

REQUEST AN OPINION FROM THE LOUISIANA STATE ATTORNEY
GENERAL'S OFFICE REGARDING THE AUTHORITY OF THE PARISH
COMMISSION FUNCTIONING AS A PLANNING AND ZONING
COMMISSION AND OTHERWISE PROVIDING WITH RESPECT THERETO
DATE: 1/13/2022 I ORIGINATING DEPARTMENT: Leqal for Comm. Younq
BACKGROUND INFORMATION
The Parish Attorney's Office has opined that for the Parish Commission to repeal the UDC,
the recommendation must come from the Parish Planning Commission because this is the current
process the Commission has outlined by law. Commissioner Young disagrees with that opinion and
wishes to get an Attorney General's opinion on whether or not the statutes on parish zoning
commissions allow the Parish Commission to make that decision without a recommendation as
outlined by the current process (essentially functioning as a planning commission itself). The issue
is which course of action is more likely to withstand a court challenge. The statutes distinctly provide
for appointing a separate commission to make zoning recommendations. Using a different
framework for zoning changes. Making final zoning changes without following the process outlined
in current zoning law may make the Commission's decisions subject to challenge in court. An
Attorney General's opinion will not resolve the issue since Attorney General's opinions are not
binding; however, the Attorney General Opinion may point to authorities that the Parish Attorney's
Office has not considered.
FINANCIAL IMPACT AND SOURCE OF FUNDING
There isn't a financial impact since appointed members of a zoning commission

generally serve without pay.
EFFECT($) OF PROPOSED ACTION
Passage of the resolution will authorize the Parish Attorney to make a request to the
Attorney General's office for a formal opinion on whether or not the statutes on parish
zoning commissions allow the Parish Commission to function as a parish zoning
commission.
ALTERNATIVES/STAFF RECOMMENDATION
Do not pass the resolution and act without the guidance of the Attorney General' s
Office.
KEY STAFF CONTACT

Donna Frazier, Parish Attorney, and Henry Bernstein, Assistant Parish Attorney
COORDINATION
Department Head (Initial) • _,,J'JI
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Parish Administrator/CEO (Initial)
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RESOLUTION NO.

BY THE CADDO PARISH COMMISSION:

A RESOLUTION AUTHORIZING THE PARISH ATTORNEY’S OFFICE TO

BE IT FURTHER RESOLVED that this resolution shall take effect immediately.

Approved as to legal form:

A RESOLUTION AUTHORIZING THE PARISH ATTORNEY'S OFFICE TO

DATE: 1/13/2022 I ORIGINATING DEPARTMENT: Leqal for Comm. Younq

There isn't a financial impact since appointed members of a zoning commission

KEY STAFF CONTACT

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