§ 2-52. Department of law and natural resources.

(a)

The department of law and natural resources is hereby created. The department of law and natural resources shall be comprised of an office of law and an office of natural resources. The commissioner of law and natural resources shall be the executive head of the department of law and natural resources.

(b)

As executive head of the office of law, he shall have jurisdiction over the parish attorney and any and all special counsel to the parish as provided by the parish Charter. He shall provide legal advice to the council and to the various departments, districts and boards as needed. He shall have charge of the legal affairs of the parish and all legal matters in which the parish has an interest or to which the parish is a party, with the power and authority, when directed by the council, to institute, prosecute, defend or intervene in any and all suits or other proceedings except in criminal matters as may be deemed necessary for the assertion or protection of the rights and interests of the parish. When the council is on vacation, extended recess or is otherwise not available, the commissioner of law and natural resources shall have plenary authority to take all action necessary or proper to prevent a default judgment from being taken against the council or any political subdivision or district of which it is the governing authority. The commissioner shall prepare proposed ordinances, resolutions and other documents for presentation to the council when requested by any member of the council or any department, district or board. He shall prepare and/or approve as to form and legality all contracts, documents and instruments creating any legal or conventional obligations affecting the parish. No special counsel shall be retained to represent the parish, or any officer, department or board of the parish, without the prior approval of the council.

(c)

As executive head of the office of law, he shall have jurisdiction over and the duty and responsibility for the proper administration of the provisions of state law and of the parish Charter for local self-government, and the ordinances pursuant thereto, relative to the supervision, regulation and control over all public property of the parish and of all other political subdivision and districts therein of which the council is the governing authority and which are or may potentially produce oil, gas, and other minerals and natural resources.

(d)

As executive head of the office of natural resources, the commissioner of law and natural resources shall regulate, control, administer and supervise the exploration, exploitation and production of oil, gas, minerals and other natural resources from lands and property owned or belonging or that may be owned or belonging to the parish, or any other political subdivision or district of which the council is the governing authority. The department of law and natural resources shall represent the council, and any other political subdivision or district of which the council is the governing authority, in any and all matters and actions, all rights of action and warranties, and all rights, titles and interests, in and to all lands and properties owned by them and to all resources and revenues derived therefrom.

(e)

The department of law and natural resources may employ, as provided by law and with the approval of the council, any and all consultants, geologists, engineers, attorneys and other experts relative to the prudent exploration, exploitation and production of oil, gas, minerals and other natural resources on or from parish lands and any and all matters related thereto.

(f)

There shall be no encumbrance, alienation or other disposition of any real right of the parish or of any parish property without prior approval of the council.

(g)

Without in any manner limiting the generality of the foregoing, the department of law and natural resources shall be responsible for the following budget units: Lands or property management; levee rights-of-way office; land and property evaluation; land acquisition; legal; oil, gas and mineral department; legislative liaison office; and contracts.

(Ord. No. 426, § 2, 4-6-83)

Cross reference

Geophysical surveys, Ch. 12.