The opinion
Dear Mr. Brown:
This is in response to your request for an opinion of this office as to whether the City of Alexandria may legally call an election for the voters to consider a non-binding proposition relative to the sale of the municipally-owned utility system.
R.S. 18:1299 authorizes proposition elections which are permitted by the state constitution, legislative enactments of the state, or by a home rule charter.
As we can find no legal authority from any of the above-mentioned sources which would serve as a basis for calling a non-binding election, it is the opinion of this office that the Secretary of State is not authorized to proceed in accordance with the ordinance adopted by the City of Alexandria. ( St. John the Baptist Parish Association of Educators v. Brown , 462 So.2d 1269 , 463 So.2d 1311 , 465 So.2d 674 ; 483 So.2d 592 ).
Very truly yours,
WILLIAM J. GUSTE, JR. Attorney General
BY: ___________________________ KENNETH C. DEJEAN Chief Counsel
KCD/1g