IN GENERAL

New Orleans City Code ch. 2, art. I

in effect

New Orleans City Code § 2-1 City flower.

Sec. 2-1. - City flower. The flower known by the botanical name of "Nerium," commonly known as Oleander, is hereby declared to be the official flower of the city and as such may be displayed in the streets and parks of the city, and otherwise appropriately used. (Code 1956, § 1-7)

New Orleans City Code § 2-2 Official flag of city—Described.

Sec. 2-2. - Official flag of city—Described. The official flag of the city shall be according to the design accepted and approved by the Bienville Bicentennial Celebration Committee through its flag committee which consists of a white field five-sevenths wide, with a brilliant crimson stripe one-seventh wide at the top, and a brilliant blue stripe one-seventh wide at the bottom, the relative proportions of the flag to be two by three. There shall be three fleur-de-lys in the center of the white field, the height of each of which shall be one-fourth of the height of the white field and to locate their position there must be drawn an inverted equilateral triangle with an altitude of one-third the height of the white field, each angle marking the center of the fleur-de-lys, the whole according to the design marked exhibit B-B attached to the ordinance from which this section was derived. (Code 1956, § 1-8)

New Orleans City Code § 2-3 Same—When displayed.

Sec. 2-3. - Same—When displayed. The official flag of the city shall be displayed on the City Hall whenever the council is in session and on all municipal buildings throughout the city on all legal holidays and whenever otherwise directed by the mayor or the council. (Code 1956, § 1-9)

New Orleans City Code § 2-4 Mardi Gras legal holiday.

Sec. 2-4. - Mardi Gras legal holiday. Mardi Gras is hereby declared and constituted a legal holiday in the city in accordance with the provisions of R.S. 1:55. (Code 1956, § 1-10)

New Orleans City Code § 2-5 Friday, December 24, legal holiday.

Sec. 2-5. - Friday, December 24, legal holiday. When Christmas Day, December 25, falls on a Saturday, the preceding Friday, December 24, is hereby declared and constituted a legal holiday in the city pursuant to the provisions of R.S. 1:55A(4.). (Code 1956, § 1-11)

New Orleans City Code § 2-6 Official journal and auxiliary official journal.

Sec. 2-6. - Official journal and auxiliary official journal. (a) Official journal. There shall be only one official journal selected annually. The official journal of New Orleans shall be a newspaper or general news publication or a joint venture consisting of no more than two members, each of which must be a newspaper or general news publication. The official journal, including each constituent member of a joint venture, must meet the following requirements or qualify according to subsection (b) below: (1) Maintain a general circulation within the city of not less than 10,000 per issue for at least one year prior to the time the official journal contract is awarded; (2) Have periodicals or bulk class mailing permit at the United States Post Office located within the city; (3) Be domiciled in the city; (4) Have been published at regular intervals of not less than weekly for at least two years prior to the time it is awarded the official journal contract; (5) Have not failed to publish during that two-year period three or more consecutive issues unless such failure was caused by fire, flood, strike or natural disaster; and (6) Be capable of advertising official proceedings and official information according to the publication schedule and format required by the applicable provisions of the Home Rule Charter, the City Code, the Comprehensive Zoning Ordinance, Civil Service Rules, Chief Administrative Office Policy Memoranda, Louisiana Revised Statutes, and the Louisiana Constitution. For the purposes of meeting the minimum general circulation requirement, a joint venture may not aggregate the circulation of its constituent members. For the purposes of this section, a "general news publication" shall mean a printed publication containing news and information of general interest to the community provided: (1) The publication contains not more than 75 percent advertising in over half the issues during the preceding 12 months; (2) The publication is not owned or published as an auxiliary to another nonpublishing business; (3) The publication's news and information are not primarily about advertisers; and (4) The publication is published for the dissemination of current news and intelligence of varied, broad, and general public interest, and is not devoted to or targeted at the interests of, or published for the entertainment or instruction of, or has a circulation primarily targeted to, any particular sect, denomination, labor, or fraternal organization or other limited or narrowly definable class of citizens. (b) Notwithstanding the above requirements, any newspaper or general news publication that is deemed qualified under state law to publish judicial advertisements and legal notices in Orleans Parish on January 1, 2018, shall also be deemed qualified under this section to serve as the official journal of New Orleans, but only if said newspaper or general news publication is capable of advertising official proceedings and official information according to the publication schedule and format required by the applicable provisions of the Home Rule Charter, the City Code, the Comprehensive Zoning Ordinance, Civil Service Rules, Chief Administrative Office Policy Memoranda, Louisiana Revised Statutes, and the Louisiana Constitution. (c) Annual contract. The clerk of council shall annually offer a contract for the publication of the official journal to be awarded to the lowest competitive bidder meeting the specifications contained in the bid documents. The official journal contract shall require that the entity awarded the contract must also accept for publication, at not more than the rates established by the contract for the official journal, the official publications of the various offices, departments and boards of the city. Each bidder shall file a notarized, sworn affidavit with the clerk of council disclosing all owners, investors, stockholders, trustees, partners, assignees, or members of the entity that owns or controls the bidder, and any parties holding options to acquire any interest in the bidder. The affidavit shall be submitted with the bid, and shall also disclose the names of any other parties that effectively control or exercise a controlling interest in any portion of the bidder. Language shall be included in the official journal contract requiring that the clerk of council be immediately notified by certified mail of any change in ownership or control of the official journal. Any such change in ownership or control may, at the option of the city, permit termination of the contract upon providing 30 days' notice, and shall allow the clerk of council to offer a new annual contract for publication of the official journal, as provided herein. If the clerk is not so notified of any such change within 30 days of the effective date of such change, the contract may be terminated by the city. If the official journal fails to provide a minimum general circulation within the city of 10,000, fails to maintain a periodicals or bulk class mailing permit at the United States Post Office located within the city, or fails to publish an issue on schedule containing requested official journal business, which failure is not caused by fire, flood, strike or natural disaster, the contract may be terminated by the city. Further, failure to publish three consecutive issues on schedule containing requested official journal business shall permit termination of the contract by the city. The successful bidder must agree in the official journal contract to indemnify and hold the City of New Orleans harmless from and against any and all claims, harms, and costs, including but not limited to attorney's fees, arising out of or in connection with the official journal contract and the performance of the duties of the official journal as contained in the official journal contract, including but not limited to the failure by the official journal to publish matters as directed and/or in accordance with applicable provisions of the Home Rule Charter, the City Code, the Comprehensive Zoning Ordinance, Civil Service Rules, Chief Administrative Office Policy Memoranda, Louisiana Revised Statutes, and the Louisiana Constitution. (d) Auxiliary official journal. In addition to the official journal, designated pursuant to the requirements aforesaid, the council, by resolution, may select an auxiliary official journal and authorize therein the additional publication of official publications, including but not limited to advertisements, public notices, official proceedings, and official information at rates not exceeding the rates for publication in the official journal. (e) Additional publications. So long as the requirements imposed hereinabove are met, the publication of advertisements, public notices, official proceedings, and official information by additional means is allowed and may be accomplished as circumstances dictate and permit. (f) Clerk of council. The clerk of council shall monitor all aspects of publication of the official journal and the auxiliary official journal. (Code 1956, § 2-10; M.C.S., Ord. No. 18,337, § 1, 7-17-97; M.C.S., Ord. No. 19,082, § 1, 1-21-99; M.C.S., Ord. No. 27704, § 1, 3-8-18)

New Orleans City Code § 2-7 Professional services competitive selection threshold.

Sec. 2-7. - Professional services competitive selection threshold. Neither the competitive selection process for professional services established by executive order nor the competitive selection process for professional services established by council rule shall be required for contracts which will have a maximum of $15,000.00 or less. (M.C.S., Ord. No. 17,423, § 1, 2-15-96)

New Orleans City Code § 2-8 Contracts, cooperative endeavor agreements, and grants.

Sec. 2-8. - Contracts, cooperative endeavor agreements, and grants. Except with regards to (i) donations to the city; (ii) immovable property transactions which are conducted at public auction, not including leases of property; (iii) agreements with federal or state governmental entities and/or the various agencies/political subdivisions thereof; (iv) legal claims resolutions; or (v) contracts to satisfy emergency needs during a declared state of emergency, the provisions of this section shall apply to city contracts, professional services agreements, cooperative endeavor agreements and grants. (a) It shall be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president, to execute a contract or cooperative endeavor agreement with any person, corporation, or entity which owes delinquent taxes to the city. Prior to the execution of any contract or cooperative endeavor agreement, the director of finance shall review such agreement and shall attest by signature on a form to be provided by the chief administrative officer that the person or entity with whom the agreement is to be executed is not delinquent in any taxes owed to the city. No payment shall be made under any contract or cooperative endeavor agreement if the recipient owes delinquent taxes to the city. (b) It shall be unlawful for the city or any agent thereof to award any grant to a recipient which owes delinquent taxes to the city. Prior to final approval of any grant award, the agency administering the grant(s) shall obtain assurances that the recipient is current on all taxes owed to the city. No payment shall be made under any grant if the recipient owes delinquent taxes to the city. (c) It shall be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president, to execute a contract or cooperative endeavor agreement with, or award any grant to, any person, corporation, or entity, whose principal(s), member(s) and/or officer(s) have within the preceding five years been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, falsification or destruction of public records. All contracts, cooperative endeavor agreements and grant agreements shall contain a sworn statement and requirement that the person or entity responsible for performing the contract, cooperative endeavor or grant, or providing the service provided for therein, is compliant with the provisions of this section. (d) In addition to the prohibition provided in subsection (c), it shall also be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president to execute a contract or cooperative endeavor agreement with, or award any grant to, any person, corporation, or entity that fails to indicate compliance with the hiring practices provided in section 2-13(a)—(f) of this Code, or provide written reasons why deviation from section 2-13(a)—(f) is necessary. All contracts, cooperative endeavor agreements, and grant agreements shall provide a sworn statement relative to the requirement that the person, corporation, or entity responsible for executing the contract or agreement, or providing the service provided for therein, is compliant with the provisions of this subsection. No payment shall be made under any new or renewal contract, cooperative endeavor agreement, or grant unless the recipient is compliant with this subsection. This subsection shall apply to any agreements executed on or after March 1, 2019. This subsection shall not apply to any agreements executed before March 1, 2019. The provisions of this subsection shall not apply to the New Orleans Police Department, New Orleans Fire Department, New Orleans Aviation Board, the New Orleans Office of Homeland Security and Emergency Preparedness, or the Youth Study Center (Department of Human Services). (e) If a contract is awarded and is found to be in violation of this section, said contract shall be voidable. (f) The chief administrative office shall produce a report annually of all city contracts, cooperative endeavor agreements, and grants executed or renewed from the previous year confirming that they are in compliance with this section. This report must be submitted annually by March 31 to the chair of the city council governmental affairs committee for review. (g) Every contractor, vendor, or supplier that is a party to a contract, professional services agreement, cooperative endeavor agreement, or grant agreement with the city shall protect its employees from the hazards of extreme heat with regular rest breaks in an area protected from direct sunlight. Such protection shall include at a minimum one 10-minute rest break, or one 15-minute rest break, for every two hours spent working outdoors or in an un-airconditioned work location, when the heat index measures 80—89 degrees Fahrenheit, or 90 degrees Fahrenheit or more, respectively. (M.C.S., Ord. No. 18,066, § 1, 2-6-97; M.C.S, Ord. No. 23911, § 1, 3-11-10; M.C.S., Ord. No. 24110, § 1, 9-2-10; M.C.S., Ord. No. 24628, §§ 1, 2, 10-20-11; M.C.S., Ord. No. 27889, § 1, 10-18-18, eff. 3-1-19; M.C.S., Ord. No. 30448, § 1, 9-11-25)

New Orleans City Code § 2-8.1 Cost recovery in contracts, cooperative endeavor agreements, and grants.

Sec. 2-8.1. - Cost recovery in contracts, cooperative endeavor agreements, and grants. (a) It shall be unlawful for the mayor, the president of the city council, or any designee of either the mayor or the president to execute a cooperative endeavor agreement, award a grant, or enter into any contract involving the use of city funds or the extension of a thing of value or an economic benefit by the city to a third party unless the agreement contains a provision obligating the third party, to the maximum extent permitted by law, to reimburse the city or to disgorge any thing of value or economic benefit received from the city if the third party fails to meet its contractual obligations. The form and content of the provision shall be approved by the city attorney. Any cooperative endeavor agreement, grant, or contract that fails to contain the provisions required by this section shall be voidable by the city. (b) Consistent with the purpose of this section, which is to maximize the city's ability to recoup economic benefits when third parties fail to meet their obligations, the city attorney may omit the provision required in subsection (a) when its inclusion would be impractical and contravene the financial best interest of the city. (c) The chief administrative officer shall submit, contemporaneously with the annual reporting required pursuant to section 70-462, a report regarding compliance with section 2-8.1. At a minimum, the report shall identify: (i) the number of cooperative endeavor agreements, grants, and similar contracts executed during the preceding year and (ii) a reasonably detailed explanation of the city's efforts to monitor compliance with these agreements, to enforce their terms, and to pursue recovery of economic benefits. (M.C.S., Ord. No. 28214, § 1, 10-17-19)

New Orleans City Code § 2-8.2 Legal services contracts.

Sec. 2-8.2. - Legal services contracts. (a) It shall be unlawful for the mayor or any designee of the mayor to enter into any agreement for legal services on behalf of the city, any city department or any city employee in an official capacity that does not contain the following provision: 'Notwithstanding and in addition to any other duties and ethical obligations, [Contractor] acknowledges and agrees that the New Orleans City Council ("Council") shall be included within the definition "client" for purposes of compliance with Rule 1.4 of the Louisiana Rules of Professional Conduct. [Contractor] agrees to keep the Council informed regarding the status of the contracted representation and to respond promptly and fully to requests for briefings and information, including without limitation through participation in executive sessions, and to reasonable requests for advance notice of legal filings. To the extent the performance of any obligations under this section gives rise, or may give rise, to a conflict of interest such that [Contractor] cannot ethically comply with its duties to the Council under Rule 1.4, [Contractor] shall promptly notify the City Attorney and the Council President of the conflict or potential conflict.' (b) The provisions of subsection (a) shall not apply to a contract entered into for the express purpose of engaging in litigation directly adverse to the council. (c) In addition to any other legally required authorizations, no waiver of a conflict of interest involving any contract governed by subsection (a) shall become effective unless approved by resolution of the council. (M.C.S., Ord. No. 29765, § 1, 12-14-23)

New Orleans City Code § 2-8.3 OIG cooperation provisions.

Sec. 2-8.3. - OIG cooperation provisions. (a) It shall be unlawful for the mayor or any designee of the mayor to enter into any contract on behalf of the city, any city department or any city employee in an official capacity or for the president of the city council to enter into any contract on behalf of the city council that does not contain the following provision: [Party] will abide by all provisions of City Code § 2-1120, including but not limited to City Code § 2-1120(12), which requires [Party] to provide the Office of Inspector General with documents and information as requested. Failure to comply with such requests shall constitute a material breach of this contract. [Party] agrees that it is subject to the jurisdiction of Orleans Parish Civil District Court for purposes of challenging a subpoena. (b) For purposes of this section, the term "contract" shall be construed as broadly as possible and shall include professional services agreements, public works contracts, donations, leases, cooperative endeavor agreements, memoranda of understanding, and any agreement contemplating the provision of goods, property or services to the city, regardless of whether any compensation is paid. (M.C.S., Ord. No. 29783, § 1, 1-18-24)

New Orleans City Code § 2-9 Alternative means for official publications; New Orleans Register; electronic publication.

Sec. 2-9. - Alternative means for official publications; New Orleans Register; electronic publication. (a) New Orleans Register. The New Orleans Register is hereby established which shall, at least on a monthly basis, publish official publications, including, but not limited to, advertisements, public notices, official proceedings, and official information required by: (1) Home Rule Charter sections: 3-113, 3-123, 4-107, 5-404, and 9-201; (2) Louisiana Revised Statutes chapters: 18:1292, 33:3524, 33:4083, and 33:4091; (3) Other laws mandating publication of adopted actions in the official journal or in a publication other than a newspaper. The New Orleans Register or the instrument containing same shall be made available by paid annual subscription, by single issue purchase, and by placing a copy as reference material in all branches of the New Orleans Public Library. If printed and published by the City of New Orleans, subscription rates and single issue prices shall be established by ordinance. The New Orleans Register shall be domiciled in the City of New Orleans. (b) Legal requirements of publication. Publication in the official journal of all publications required by section 2-6(a) hereinabove, shall satisfy any legal requirements of publication. Additional publication in the New Orleans Register is mandated by this subsection solely to provide additional notification and as a service to the public. Failure to meet the publication requirements of this subsection shall not constitute a basis for challenging whether legal publication requirements have been met. In addition to the publication requirements of section 2-6(a) hereinabove, publications required by the following may also be published in the New Orleans Register: (1) Home Rule Charter sections: 3-112, 3-114, 3-115, 3-128, 5-407, 6-305, 6-306, 6-307, 6-308, 9-202, and 9-314; (2) City Code sections: 2-925, 22-49, 38-89, 66-104, 84-78, 84-107, 84-188, 84-217, 86-83, 90-37, 102-114, 150-188, 154-813, 154-814, 158-92, 162-1531, 166-153, and 170-452; (3) Comprehensive Zoning Ordinance articles: 14.9, and 16.9.2; (4) Louisiana Revised Statutes chapters: 18:535, 18:536, 18:1285, 33:108, 33:112, 33:113, 33:2414, 33:2867, 33:3303, 33:3333, 33:3452, 33:3522, 33:3523, 33:4084, 33:4085, 33:4096, 33:4100, 33:4109, 33:4114, 33:4121, 33:4128, 33:4141, 33:4151, 33:4712, 33:4717.2, 33:4724, 33:4726, 34:367, 38:2212, 38:2319.5, 39:1306, 39:1426, and Act No. 170 of 1968; (5) Louisiana Constitution: article III, section 13, and article VI, section 35B; (6) Civil Service Rule V, section 2.5; (7) Chief Administrative Office Policy Memoranda: No. 8, and No. 43R; and (8) Other laws mandating publication in the official journal for pending or proposed actions or in a newspaper. (c) Electronic publication. Electronic publication is the act of rendering information into a digital form or otherwise making information accessible to electronic storage as any combination of graphic images or stored characters and distributing that information through or by one or more of the following: computer disk, CD ROM, facsimile, cable television, the Internet, wireline or wireless transmission, or any other means. Publications listed in subsections (a) and (b) hereinabove may also be published electronically. The electronic publication office shall be domiciled in the City of New Orleans. (d) Additional publications. So long as the requirements imposed hereinabove are met, the publication of advertisements, public notices, official proceedings, and official information by additional means is allowed and may be accomplished as circumstances dictate and permit. (e) Chief administrative officer. The chief administrative officer shall be responsible for implementation of the requirements of this section, including but not limited to the printing and distribution of the New Orleans Register and dissemination of any information by electronic publication. Pending implementation of the requirements of this section, publications required to be placed in the New Orleans Register may instead be published in the official journal and any auxiliary official journal. The clerk of council shall monitor all aspects of publication, printing, and distribution of the New Orleans Register and any electronic publication. (M.C.S., Ord. No. 18,338, § 1, 7-17-97)

New Orleans City Code § 2-10 Standard-size paper.

Sec. 2-10. - Standard-size paper. (a) As used in this section: (1) Standard size means 8½ inches × 11 inches. (2) City agency means any city office, department, commission, board, agency, or authority of this city. (b) Standard-size paper shall be used for city business by all city agencies. (c) The chief administrative officer is authorized to issue a policy memorandum providing exceptions to this section and establishing a schedule for implementation of the standard size paper requirement. The memorandum should establish procedures to curtail the procurement of legal-size file folders, file cabinets, and envelopes. Existing supplies of legal-size paper shall be provided to agencies such as the law department that may have a continuing need to produce documents in non-standard size. (d) Effective April 1, 2004, all council documents shall be prepared and submitted in standard size format. The clerk of council shall request the submitting agency to reformat any legislative instruments on legal-size paper submitted prior to April 1, 2004, that remain on the council's calendar after the effective date. (e) The provisions of this section shall not apply to proclamations or certificates issued by the mayor or council. (M.C.S., Ord. No. 21408, § 1, 1-22-04)

New Orleans City Code § 2-11 City council parking area.

Sec. 2-11. - City council parking area. The City Hall surface parking lot at the corner of LaSalle and Perdido Streets shall be reserved on a seven-day-per-week, 24-[hour]-per-day basis for the exclusive use of members of the city council, their designees, and council staffers assigned parking spaces in the lot. If circumstances require that the lot be used for other purposes, or if the lot will otherwise be unavailable to the city council, it shall be the duty of the chief administrative officer, the director of property management, the director of homeland security, or any such other official responsible for the lot's unavailability to request that the circumstances dictating the lot's unavailability be presented to the council's ground transportation and parking committee for its consideration and approval. In the event of an emergency or there is otherwise insufficient time or opportunity to present the matter to the committee, the aforesaid responsible official shall provide written notice of such unavailability to each member of the council and to the council chief of staff as soon as possible but in no event less than 24 hours prior to the lot's unavailability. (M.C.S., Ord. No. 21429, § 1, 3-4-04)

New Orleans City Code § 2-12 Notices of meetings of public bodies of the city.

Sec. 2-12. - Notices of meetings of public bodies of the city. (a) The purpose of this section is to supplement the provisions of the Louisiana Public Meetings Law, R.S. 42:4.1 et seq., by requiring that meeting notices of public bodies of the city government be posted at a location on the first floor of City Hall in addition to any location required by state law. This section applies to the city council, the executive branch, and all boards and commissions recognized, created or authorized by or pursuant to the City Charter or ordinance, and committees or subcommittees thereof, including advisory committees, and public trusts, public benefit corporations, special districts, including all such entities involved in the city's competitive selection process and other public bodies whose board members are appointed or approved by the mayor or city council. This section shall also apply to all city government public bodies including those located outside of City Hall. (b) With the exception of the city council, it shall be the duty of the person acting as chairperson or director of a public body subject to the provisions of this section to ensure that a copy of the meeting notices for that particular public body required by R.S. 42:7 are submitted for posting on a notice board maintained on the first floor of City Hall by the mayor's office of public advocacy, or its successor. Such notices may be delivered to the mayor's office of public advocacy, or its successor by hand, mail, fax, or e-mail, provided that delivery of the meeting notice shall allow posting of the notice at City Hall at least 24 hours in advance of the meeting. (c) It shall be the duty of the president of the city council to ensure that copies of all public meeting notices for the city council are posted in accordance with R.S. 42:4.1 et seq. on a notice board maintained by the council adjacent to the office of the clerk of council. It shall likewise be the duty of council committee chairs to cause notice of meetings of their respective committees to be posted on the council's notice board. A directive to the council chief of staff by the council president or committee chair shall constitute compliance with the provisions of this paragraph. (d) It shall be the duty of the director of the mayor's office of public advocacy or its successor to maintain a notice board or boards as contemplated by this section on the first floor of City Hall and to ensure that all meeting notices received pursuant to this section are promptly posted, and in compliance with the provisions set forth in this section. The meeting notice board(s) shall be of a design that ensures that notices shall be viewable by the public and prevents tampering with or removing the meeting notices prior to the day after the date of the posted meeting. Expired notices shall be removed promptly, but not later than 72 hours after the end of a meeting. If an electronic meeting notice board is used, the mayor's office of public advocacy or its successor shall, in the event of any malfunction of the electronic board, cause the repair of the board or provide an alternative notice posting in accordance with the provisions of this section within ten working days of the date of the malfunction. The posting requirements of this section shall not be applicable during a period of electronic notice board malfunction. (e) All public bodies of the city government are encouraged to transmit to the mayor's office of technology or its successor meeting notices in the manner provided in paragraph (b). The mayor's office of technology or its successor is encouraged to post such notices on the city website. Noncompliance with this paragraph shall not constitute a violation of the law. (f) All public bodies of the city government are encouraged to post notices of their meetings on the internet and shall provide e-mail notices of meetings to interested parties who so request. (g) The provisions of this section shall become effective on July 31, 2008. The requirements of this section may be deferred beyond July 31, 2008, by motion of the council. (h) In accordance with R.S. 42:7, in cases of extraordinary emergency, such notice shall not be required; however, the public body shall give such notice of the meeting as it deems appropriate and circumstances permit. (i) For the purposes of this section, it shall be the duty of the chief administrative officer, after consultation with the department of law, within 30 days of the effective date of this section, [to] issue notice to all entities subject to the provisions of this section explaining their responsibilities under this section. A copy of this notice shall be submitted to the clerk of council and is encouraged to be posted on the city's website. (j) Penalties. (1) The general penalty provision of the City Code contained in section 1-13 shall not apply to this section. (2) The provisions of state law, R.S. 42:4.1 et seq., shall be enforced as provided therein and not through municipal action. (3) Any board member or unclassified employee who is given a duty under this section who willfully fails to perform the duty may be subject to the provisions of section 3-125 or subsection 9-104(2) of the City Charter, which provide for suspension, dismissal, or removable from office. (M.C.S., Ord. No. 23100, § 1, 5-1-08)

New Orleans City Code § 2-13 Review of employment candidates' criminal history.

Sec. 2-13. - Review of employment candidates' criminal history. (a) Applicants to the City of New Orleans, for both classified and unclassified positions, will be considered for employment opportunities based on the merits of their skills and experience related to the position for which they are applying. The hiring department or office (hereafter "hiring department") will conduct interviews of qualified individuals prior to requesting a criminal background check, and no job application submitted prior to such interview shall inquire into an applicant's criminal history. This policy is known as "Ban the Box". (b) For all positions, the job announcement, recruitment information, and position description shall provide the following information: "The hiring department will conduct interviews of qualified individuals prior to requesting a criminal background check, and no job application submitted prior to such interview shall inquire into an applicant's criminal history. If this position is subject to a background check for any convictions related to its responsibilities and requirements, employment will be contingent upon successful completion of a background investigation including criminal history. Criminal history will not automatically disqualify a candidate." (c) Following the appropriate recruitment procedure for classified and unclassified personnel, the hiring department will conduct interviews, select up to three applicants per position, and send an authorization to release information form to each applicant following the interview. An enclosure letter to accompany the form informs the applicant that a criminal background check will occur, asks the applicant to disclose any prior convictions, and notifies the applicant that he or she will receive a copy of any report received by the city. (d) The hiring department shall not consider the following criminal records in its review of the criminal background check: (1) Records of arrest or charges not followed by a valid conviction; (2) Sealed, dismissed, or expunged convictions; (3) Misdemeanor convictions where no jail sentence may be imposed; (4) Non-felony convictions committed when the applicant was younger than 18 years old, regardless of whether they have been expunged; or (5) Any felony conviction that does not demonstrate a direct and specific nexus to the duties and essential functions of the position sought. In determining whether a felony conviction has a direct and specific nexus to the duties and essential functions of the position, the hiring department shall consider: (i) The nature and gravity of the offense; (ii) The time that has passed since the offense or completion of the sentence; (iii) The specific duties and responsibilities of the position; (iv) Whether the applicant has multiple felony convictions; or (v) Any mitigating factors, including evidence of restitution and rehabilitation on the part of the applicant. The determination as to whether a criminal felony conviction has a direct and specific nexus to the duties and essential functions of the position sought shall be made in writing. (e) If the applicant's criminal history includes evidence of a criminal conviction not excluded from consideration under subsection (d), the hiring department shall provide the applicant with an opportunity to respond and submit evidence that the information is inaccurate or that mitigation or rehabilitation has occurred since the conviction, using forms and processes established by the chief administrative officer. After receiving the response form from the applicant with any supplemental information or after the expiration of five business days from notifying the applicant of his or her opportunity for response, whichever occurs first, the hiring department may make a final employment decision using any supplemental information provided by the applicant to consider the nature of the crime, the time elapsed, the nature of the job, and mitigating factors, including those recommended by the U.S. Equal Employment Opportunity Commission in guidance document number 915.002. Evidence of mitigation or rehabilitation may be established by the passage of time since the offense or release from incarceration without any subsequent arrest or conviction; compliance with terms and conditions of probation or parole; completion of mandatory or voluntary drug or alcohol treatment programs, if relevant; and documentation of current fitness or suitability for the position, including but not limited to letters of reference, certificates of program completion, or records of educational attainment. (f) If an applicant with a felony conviction is not hired, the hiring department shall document the basis for that decision in writing. This writing shall indicate whether the hiring decision was based, in whole or in part, upon the applicant's criminal history and, if applicable, whether and how the determination that a particular felony conviction demonstrated a direct and specific nexus to the duties and essential functions of the position sought was made, as well as how any mitigating information provided pursuant to subsection (e) was evaluated. To the extent the hiring decision was not based on the existence of the felony conviction, the department shall state in writing the reason the applicant was not selected. (g) Any information pertaining to an applicant's background check obtained in connection with the hiring process shall remain confidential and shall not be used, distributed, or disseminated by the hiring department, except as otherwise required by law. (h) The chief administrative office (hereafter "enforcement agency") is authorized to enforce this section and oversee complaints from persons denied employment in violation thereof. (i) Chief administrative office human resources division shall maintain a record of completed application forms, criminal background checks, and any supplemental information provided by an applicant for a minimum of three years, and shall provide the enforcement agency with access to such records to monitor compliance with this section. (j) The enforcement agency shall annually conduct an audit of the city's hiring practices to review compliance with this section, and shall provide an annual report to the city council summarizing the findings and recommendations. (k) If a current city employee's job title or appointing authority changes, then a criminal history check may be performed at the discretion of the appointing authority, and considered using the procedures and criteria outlined in this section. (l) The law department shall be available to provide quarterly training to appointing authorities or human resources personnel, as needed. (m) This section shall not apply to any hiring conducted during an emergency, or for positions in the New Orleans Police Department, New Orleans Fire Department, the New Orleans Aviation Board, the New Orleans Office of Homeland Security and Emergency Preparedness, or the Juvenile Justice Intervention Center (Department of Human Services). (n) Any applicant who is denied employment in violation of this section shall have the right to bring a civil action in Civil District Court to enforce the provisions of this section. (M.C.S., Ord. No. 27889, § 1, 10-18-18, eff. 3-1-19; M.C.S., Ord. No. 30367, § 1, 6-12-25; M.C.S., Ord. No. 30408, § 1, 7-24-25)

New Orleans City Code § 2-14 Prohibited salary history inquiry and use.

Sec. 2-14. - Prohibited salary history inquiry and use. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Applicant means any person applying for a classified or unclassified position of employment with the City of New Orleans. (2) Inquire means to communicate any question or statement to an applicant, an applicant's current or prior employer, or a current or former employee or agent of the applicant's current or prior employer, in writing or otherwise, for the purpose of obtaining an applicant's salary history, or to conduct a search of publicly available records or reports for the purpose of obtaining an applicant's salary history, but does not include informing an applicant in writing or otherwise about the position's proposed or anticipated salary or salary range, or include salary history unilaterally and voluntarily provided by an applicant. (b) No officer, employee, or agent of the City of New Orleans shall: (1) Inquire about the salary history of an applicant; or (2) Screen applicants based on their current or prior wages, benefits, other compensation, or salary histories, including requiring that an applicant's prior wages, benefits, other compensation, or salary history satisfy minimum or maximum criteria; or (3) Rely on the salary history of an applicant in deciding whether to offer employment to an applicant, or in determining the salary, benefits, or other compensation for such applicant during the hiring process; or (4) Refuse to hire or otherwise disfavor, injure, or retaliate against an applicant for not disclosing his or her salary history to an employer. (c) Once an offer of employment that includes a proposed salary is made, the applicant may offer information about salary history in order to negotiate a higher salary. The applicant may be provided with the salary range for the position in the pay plan. (d) The prohibitions contained in this section shall not apply to: (1) Any attempts to verify an applicant's disclosure of non-salary-related information or conduct a background check, provided that if such verification or background check discloses the applicant's salary history, such disclosure shall not be relied upon for purposes of determining the salary, benefits, or other compensation of such applicant during the hiring process, including the negotiation of a contract. (e) The chief administrative office is authorized to enforce this section and oversee complaints for any suspected violation of this section. (f) Nothing contained in this section shall be construed as creating a private right of action. Further, this section shall not impair any rights under any collective bargaining agreement or supersede any federal, state, or local law. (M.C.S., Ord. No. 28215, § 1, 10-17-19)

New Orleans City Code § 2-15 Credit card usage.

Sec. 2-15. - Credit card usage. No credit card provided by or through the city may be issued to or otherwise used by any person who owns property in Orleans Parish with delinquent and outstanding ad valorem taxes, unless paid under protest and timely challenged in accordance with state law, or who owes an outstanding financial obligation to the city arising from unreimbursed travel costs or damage to city property. (M.C.S., Ord. No. 30330, § 1, 4-24-25)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH2AD_ARTIINGEFetched: 10/28/2026