§ 4-107. Powers and Duties of Officers and Department Heads.

(1)

Subject to the provisions of applicable civil service law, rules and regulations, officers and department heads shall have the power and duty to appoint, promote, supervise, discipline, and remove all officers and employees in their respective offices or departments; to determine their compensation subject to the approved pay plans and budgetary limitations; and to assign duties to employees and supervise the performance thereof.

(2)

Each officer or department head shall, subject to the approval of an immediate superior, prescribe such rules as are necessary for the organization and internal government of the office or department.

(3)

(a)

The Mayor, or each officer or department head with the consent of the Mayor, shall submit to the Council for its approval any regulations affecting the public and necessary to the performance of the functions assigned to such office or department. No such regulation shall become effective until approved by resolution of the Council or as otherwise provided in paragraph (3)(d) of this section.

(b)

Prior to July 1,1996, the Council shall by ordinance provide for public notice and comment on proposed regulations affecting the public. The ordinance shall provide for an emergency adoption procedure by which regulations may in certain specified circumstances be made immediately effective, but any regulation so adopted shall not remain in effect for more than 180 days after the date of its adoption. After its adoption, the ordinance governing promulgation of regulations may be amended only by an ordinance approved with a two-thirds vote of the entire membership of the Council.

(c)

Prior to submission of any proposed regulation to the Council, the officer or department head shall publish notice of the intention to adopt such regulation once in the official journal. Following its final promulgation, every regulation shall be published once again in the official journal, unless deemed too lengthy for publication by the officer or department head, who shall in such case publish a summary of its contents and notice of its availability to the public.

(d)

The City Attorney shall maintain and periodically cause to be published a comprehensive and current compilation of all regulations promulgated in accordance with this process and having legal effect in the City of New Orleans. Regulations shall become effective at 12:01 A.M. on the twenty-second day beginning on the day following approval by the Council. If the Council neither approves nor disapproves any regulations submitted to it within forty-five days of submittal, the regulations shall become legally effective upon the expiration of such forty-five days. Any such regulation may be rescinded or amended by the same process as when originally submitted. All regulations shall be subordinate to the ordinances of the Council. All regulations heretofore adopted by the City of New Orleans are hereby ratified and continued in existence until modified in accordance with the procedure established in this Section.