Wednesday, July 26, 2006

Who's Going To Pull The Trigger?

Article III.9.D. of the Lafourche Parish Charter states "[a]n elected official of the Parish shall forfeit his/her office if he/she violates the provisions of Article VI, Section 2, Paragraph B 1."

Article VI, Section 2, Paragraph B. provides for the PROCEDURE FOR MAKING EXPENDITURES OF APPROPRIATED FUNDS.

Subparagraph 1 reads as follows:
No payment shall be made or obligation incurred against any appropriation except in accordance with the approved operating budget or capital budget, or amendment thereto,unless the President, or the President’s designee, first certifies that there is a sufficient unencumbered balance in the appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. However, this provision shall not limit the authority of the Parish to borrow funds in anticipation of revenues as provided in the general laws of the State. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made absolutely null and of no legal effect; such action shall be just cause for removal of any official, officer or employee who knowingly authorized or made such payment or incurred such obligation or who caused such payment to be authorized or made or obligation to be incurred. Such person also shall be liable to the Parish for any amount so paid or obligated.

In such a suit for removal, any elector of the Parish shall have a right and cause of action and standing to bring the suit. Article III.9.E. of the Lafourche Parish Charter

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