LAWRASON ACT

The Lawrason Act October 2020

THE LAWRASON ACT

(R.S. 33:321-463)

Framework for Louisiana Municipal Government

Prepared for the Louisiana Municipal Association

Jerry J. Guillot

The Lawrason Act October 2020

TABLE OF CONTENTS

INTRODUCTION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

CREATION OF MUNICIPALITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

ADOPTION OF MAYOR-BOARD OF ALDERMEN GOVERNMENT. . . . . . . . . . . . . . . . . . . 2

CLASSIFICATION OF MUNICIPALITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

MUNICIPAL POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

LIMITS ON MUNICIPAL POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

ELECTIONS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

MUNICIPAL OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

A. Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

B. Board of Aldermen.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

C. Chief of Police (marshal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

D. Clerk.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

E. Tax Collector .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

F. Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

G. Street Commissioner .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

H. Attorney .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

I. Matters Regarding Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

BOARD MEETINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

0 A. Meetings Public .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

B. Types of Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

C. Presiding Officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

E. Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

F. Continuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

G. Parliamentary Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

ORDINANCES AND RESOLUTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

MAYOR'S COURT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

TAXES AND OTHER REVENUE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

A. Ad Valorum Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

B. Occupational License Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

C. Sales and Use Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

D. Special Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

E. General Obligaton Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

F. Certificates of Indebtedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

EXPENDITURES AND WARRANTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

ANNUAL FINANCIAL STATEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

GENERAL LAWS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

LOCAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

OTHER RESOURCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

The Lawrason Act October 2020

INTRODUCTION

Most Louisiana municipalities are governed by the Lawrason Act (herein referred to as

"Act"). (R.S. 33:321-463)

Prior to 1882, a municipality was incorporated by special legislative act which also set

forth the municipal charter. In 1882, Act 49 was enacted, setting up a general method whereby

any municipality might be incorporated. However this law allowed the governing body of a new

municipality to draw up its municipal charter. Thus, between 1882 and 1898, each municipality

enjoyed the right to draw up its own charter.

In 1898, the Act became law setting forth a general legislative charter for all

municipalities created after its effective date, as well as for those created prior to its effective

date which chose to accept its provisions. The intent of the Act was to provide a uniform type of

government for all municipalities in Louisiana.

The Act is named after Judge Samuel McCutcheon Lawrason, a West Feliciana Parish

lawyer born in 1852 in New Orleans. Educated in France, Spain, and West Virginia, he received

his doctor of laws degree from the University of Louisiana in 1874 and opened his law practice

that same year in New Orleans. He married and moved the following year to West Feliciana

Parish, where he was elected parish judge. He later became a school board member, a member of

the Louisiana State University's Board of Supervisors, a state senator (from 1896 to 1900 and

again in 1920 to 1924), and vice president of the Louisiana Constitutional Convention of 1898.

He died in 1924.

The Act is considered by many to be the most lasting and valuable as it continues to set

the framework and guide the work of more than 75% of the state's incorporated municipalities.

Unless otherwise noted in this document, references to provisions of the Louisiana

Constitution are bolded.

The Lawrason Act October 2020

CREATION OF MUNICIPALITIES

The Louisiana constitution authorizes the legislature to provide by general law for

the incorporation, consolidation, merger, and government of municipalities but prohibits

any local or special law creating a municipal corporation or amending, modifying, or

repealing a municipal charter. However, a special legislative charter existing on January 1,

1975 may be amended, modified, or repealed by local or special law. (Const. Art. VI, Sec.

All municipalities are governed by the "Lawrason Act" (Part I of Chapter 2 of Title 33 of

the Louisiana Revised Statutes of 1950) except those municipalities governed by a special

legislative charter or a home rule charter or plan of government adopted pursuant to Article VI of

the constitution. (R.S. 33:321) No parish plan of government or home rule charter can

prohibit the incorporation of a city, town, or village as provided by general law. (Const.

Art. VI, Sec. 8)

The current number of each type of municipal government follows:

Legislative charter 24

Home rule charters 30

Home rule charter consolidated 4

Lawrason Act 245

With respect to a municipality governed by a special legislative charter, if the charter is

silent on a particular matter, then the Act governs. If a conflict exists between the charter and the

Act, then the charter governs. (R.S. 33:481)

Alternatively, the legislature may enact a law providing that a legislative charter

municipality shall be governed by the Act.

ADOPTION OF MAYOR-BOARD OF ALDERMEN GOVERNMENT

The legislative body of a municipality not governed by the Act may, by majority vote,

call an election to become so governed. A majority of the legal votes cast at the election are

necessary to adopt this form of government. If a majority of the votes cast are against adoption,

the legislative body may not call another election on the question for at least 12 months after the

election. (R.S. 33:322)

The Lawrason Act October 2020

CLASSIFICATION OF MUNICIPALITIES

The legislature may classify municipalities according to population or on any other

reasonable basis related to the purpose of the classification. Legislation may be limited in

its effect to any of such class or classes. (Const. Art. VI, Sec. 3)

Classes - Municipalities are either cities, towns, or villages. Those having 5,000

inhabitants or more are cities; those having less than 5,000 but more than 1,000 are towns; and

those having 1,000 or fewer inhabitants are villages. (R.S. 33:341)

Population changes - Whenever a census taken by resolution or a certified report from the

federal Census Bureau shows that a municipality's population has increased or decreased so as to

take the municipality out of its present class, the board of aldermen must, by resolution, request

the governor to change the classification. The results of any census taken by resolution must be

certified by the person authorized to take the census. (R.S. 33:342(A)(1)) State law does not

identify or require a specific method to use in taking a special census. (AGO 16-0106)

The mayor shall transmit the resolution to the governor. The governor investigates the

facts. He is not bound by the census submitted and, if he believes the findings are inaccurate, he

may ascertain the facts in any manner he deems appropriate. If the governor finds that the

municipality is wrongly classified, he issues a proclamation correctly classifying the

municipality, and the proclamation is transmitted to the mayor. (R.S. 33:342(B))

Upon receipt of the governor's proclamation, an ordinance is to be adopted changing the

name of the municipality to reflect its new classification. A copy of the proclamation and the

ordinance must be transmitted to the secretary of state for recordation. (R.S. 33:342(C))

However, when a census shows that the population of a village has increased by fewer

than 200 persons since the last decennial census and the increase would otherwise change the

classification to town, the governing authority may elect not to change its classification, by

resolution, and if so, the mayor must transmit a copy of the resolution to the governor and to the

secretary of state for recordation. However, laws based upon population applicable to towns are

applicable to a village that elects not to change its classification. (R.S. 33:342(A)(2))

Judicial notice - The courts take judicial notice of the class to which each municipality

belongs. (R.S. 33:342(D))

The Lawrason Act October 2020

MUNICIPAL POWERS

Subject to and not inconsistent with the constitution, the governing authority of a

municipality which has no home rule charter or plan of government may exercise any

power and perform any function necessary, requisite, or proper for the management of its

affairs, not denied by its charter or by general law, if a majority of the electors voting in an

election held for that purpose vote in favor of the proposition that the governing authority

may exercise such general powers. Otherwise, the municipality has the powers authorized

by the constitution or by law. (Const. Art. 6, Sec. 7(A))

Municipalities are creatures of the state, established by the legislature to administer local affairs

of government, and their powers and the limits of territory they are able to govern are matters

entirely within authority of the legislature. Pyle v. City of Shreveport, 1949, 215 La. 257, 40

So.2d 235; Edwards v. Town of Ponchatoula, 1948, 213 La. 116, 34 So.2d 394.

A Lawrason Act municipality may exercise any power and perform any function

necessary, requisite, or proper for the management of its affairs not denied by law. In this regard,

the board may levy and collect taxes, incur debt, and issue bonds and other evidences of

indebtedness as authorized by law. (R.S. 33:361)

NOTE: Section 3 of Act 890 of 1985 - "Any tax or service charge being levied by any

municipality subject to the provisions of Part I of Chapter 2 of Title 33 of the Louisiana Revised

Statues of 1950 on January 1, 1986, is hereby ratified and shall continue to be levied as provided

by law. Bonds or other obligations secured by any such municipality on the effective date of this

Act (January 1, 1986) shall continue to be secured by the municipality until they are retired."

LIMITS ON MUNICIPAL POWERS

The principles of sovereignty dictate that any municipal ordinance that conflicts with a state law

is invalid. (AGOs 09-0182 and 77-1243) A municipal ordinance may not attempt to preempt state

law. (AGO 09-0182).

No municipality may

(1) define and provide for the punishment of a felony (Const. Art. 6 Sec. 9(A))

(2) except as provided by law, enact an ordinance governing private or civil

relationships. (Const. Art VI, Sec. 9(A))

(3) abridge the police power of the state. (Const. Art. VI, Sec. 9(B))

(4) authorize or conduct a lottery. (Const. Art. XII, Sec. 6(A)(4))

(5) grant a perpetual franchise or privilege. (Const. XII, Sec. 12)

(6) levy a severance tax, income tax, inheritance tax, or a tax on motor fuel. (Const.

The Lawrason Act October 2020

Art. VII, Sec. 4(C))

(7) impose a license fee on motor vehicles. (Const. Art. VII, Sec. 5)

ELECTIONS

Electors of a municipality have the exclusive right to elect its governing authority.

However, nothing prohibits the election of the members from single-member districts.

(Const. Art. VI, Sec. 11)

Elections are held every four years on the date for municipal and ward elections. The

officers elected take office on the first day of July following the election and hold office for four

years. (R.S. 33:383(A)(1))

The governing authority, by ordinance, may adopt an irrevocable plan for holding

elections at the congressional elections. The plan must be filed with the secretary of state not

less than one year prior to the opening of the qualifying period for the congressional primary

election at which municipal officers are elected initially under the plan. This election must be the

first congressional primary election after termination of the terms of office of the municipal

officers in office. The elected officers take office on January first following their election and

hold office for four years. (R.S. 33:383(A)(2))

Any municipality having a population between 1,200 and 2,000 persons within a parish

having a population between 118,000 and 125,000 persons based on the latest federal decennial

census and any municipality having a population of between 6,200 and 6,600 persons within a

parish having a population between 118,000 and 125,000 based on the latest federal decennial

census shall hold municipal elections at the gubernatorial elections. The officers elected shall

take office on the first day of July following their election and shall hold their office for four

years. (R.S. 33:383(A)(3))

If no election is held on the day prescribed or if a vacancy in any elected office occurs or

if an officer elected fails to qualify, the vacancy is filled according to general law. (R.S.

33:383(B))

Officers in office when a municipality elects to come under the Act retain their offices

until the first election thereafter and possess the powers of like offices. (R.S. 33:383(D))

NOTE: The governing authority of any municipality with a population of not more than

1,000 persons according to the latest federal decennial census and which held municipal elections

at the same time as the 2004 congressional election, was authorized, by ordinance, to adopt an

irrevocable plan for holding municipal elections at the gubernatorial election. (RS. 33:383.2)

The Lawrason Act October 2020

MUNICIPAL OFFICERS

The municipal officers are mayor, aldermen, chief of police, tax collector, and clerk.

(R.S. 33:381(A))

Ordinance limiting terms for a municipality's elected officials approved by the voters of the

municipality at an election is valid as no law, including the Lawrason Act, prohibits term limit

provisions for public officials even though such ordinance is not specifically authorized by law.

(AGO 00-158)

The remedy of mandamus is available to a municipal governing authority to compel any public

officer to perform the ministerial duties of his office. (AGO 11-0143)

A. Mayor

The mayor is elected at large. (R.S. 33:381(B)) He must be an elector of the municipality

who at the time of qualification as a candidate has been domiciled and actually resided for at

least the immediately preceding year in the municipality. (R.S. 33:384)

The mayor is the chief executive officer. (R.S. 33:362(B)) Upon written

recommendation of the mayor, any department, other than the police department with an elected

chief of police, may be created, abolished, merged, or consolidated by the board. (R.S.

33:362(C))

Mayor can be required to appoint department heads by ordinance only if he initially made

recommendation to board regarding the organization of municipal departments. (AGO 07-261)

NOTE: Section 2 of Act 836 of 1997 - Any mayor serving as street commissioner on

July 10, 1997 may continue to serve in such capacity.

The mayor has the additional powers, duties, and responsibilities:

(1) To supervise and direct the administration and operation of all departments, offices,

and agencies, other than a police department with an elected chief of police, in conformity with

ordinances and law; however, no ordinance may limit the authority granted to the mayor by this

provision. All administrative staff are subordinate to the mayor. (R.S. 33:404(A)(1))

Only mayor has power to limit access to municipal facility if such access would impede daily

operations of the facility or cause safety concerns and restrict access to municipal buildings by

limiting the distribution of keys based on security concerns (AGO 12-0021).

The Lawrason Act October 2020

Mayor may set up advisory committees. (AGO 07-261)

Unless installation of audio and video recording devices in the municipal hall are regulated or

prohibited by ordinance, mayor may place such devices. (AGO 18-0077)

Mayor may not be required, by ordinance, to rotate purchase fuel and repair vehicles and

equipment on monthly basis with businesses located in the municipality as this interferes with the

authority of the mayor to conduct the daily operations of the municipality. (AGO 07-0087)

(2) To delegate the performance of administrative duties to such municipal officers or

employees as he deems necessary and advisable. (R.S. 33:404(A)(2))

As clerk is not an elected official, the mayor, with the confirmation of the board, may appoint

someone other than the clerk to take the minutes of a board meeting. (AGO 06-0070)

(3) Subject to applicable state law, ordinances, and civil service rules and regulations, to

appoint and remove employees, other than the employees of a police department with an elected

chief of police. However, appointment or removal of a nonelected chief of police, the clerk, the

attorney, or any department head is subject to board approval, except that in the case of a tie vote,

the mayor's recommendation prevails. Furthermore, selection or removal of any person engaged

to conduct an examination, review, compilation, or audit of municipal books and accounts

pursuant to R.S. 24:513, is subject to board approval. (R.S. 33:404(A)(3))

A position not specifically mentioned in R.S. 33:386 as an office nor specifically created by an

ordinance is not an office, but employment within mayor's power to appoint and remove. (AGO

07-0122)

Mayor’s authority to hire and fire includes the power to suspend.(Bourgere v. Anzelmo, App 5

Cir. 1988, 517 So. 2d 1121)

Mayor may not abolish a civil service position (Walker v. City of Opelousas, App. 3 Cir. 2002,

817 So. 2d 1258) or terminate an elected chief of police and hire a marshal (AGO 18-0124).

Ordinance giving authority to appointed department heads to hire and fire municipal employees

is invalid as an infringement on the powers and function of the mayor. (AGO 07-0082)

Only mayor may conduct annual review and determine if pay raises are warranted for municipal

employees (AGO 12-0056); determine if a pay raise is to be awarded to any non-elected

municipal employees who are under his supervision, provided that funds for the increase must be

properly budgeted (AGO 02-276); determine if non-officer employees are to be given raises (AGO

97-492); and to maintain personnel records of nonclassified employees (AGO 95-237).

The Lawrason Act October 2020

Receiving the benefit of the Police Officer's Bill of Rights does not create the necessary property

interest for the police officer to be considered a term employee when he does not have a conract

with the municipality, was not a termed worker, and it was not expressed to him that he could

only be fired for cause. Blakemore v. Town of Grambling. (App 2 Cir. 2020, 289 So. 3d 681)

When a statute provides the mayor with appointment authority over members of a board or

commission, an ordinance providing otherwise is without effect. (AG 15-0122)

"Selection" of auditor by mayor requires that the mayor expressly state a preference among

auditor applicants. (AGO 10-0083)

(4) To sign all contracts on behalf of the municipality. (R.S. 33:404(A)(4))

While mayor may sign contracts on behalf of municipality, he may not enter into a contract

involving expenditure of municipal funds, incurring municipal debt, or transfer of municipal

property without board approval. (AGO 07-0018; 11-0084)

Mayor cannot unilaterally hire and pay an attorney to defend him at the cost of municipality

unless board concurs or funds have already been budgeted by board for legal services. (AGO 09-

0132)

Mayor alone can select lowest bidder for a contract when authorized by ordinance or municipal

policy. (AGO 01-14)

Ordinance requiring board review and approval of a contract infringes upon the mayor's

authority to sign all municipal contracts. (AGO 17-0159)

Mayor cannot unilaterally terminate a contract which has been approved by board without a vote

to do so by board. However, if mayor attempts to do so, and board tacitly ratifies his action, it

might be judicially determined that contract was terminated. (AGO 09-0181)

In order for a contract extension approved by the council to be valid, the mayor must sign the

contract. (AGO 10-0245)

(5) To prepare and submit an annual operations budget and a capital improvements budget

for the municipality to the board in accordance with the Local Government Budget Act and any

other supplementary laws or ordinances. (R.S. 33:404(A)(5))

Under this provision and the Local Government Budget Act, the annual budget submitted by the

mayor must include recommended expenditures of the police department of an elected chief of

police (AGO 13-0162) and the mayor and board may not alter the amount appropriated to the

The Lawrason Act October 2020

police department in a previously adopted budget except by amending the budget according to

that Act. (AGO 20-0004)

Municipal operating budget must contain a budget for the police department when headed by an

elected chief of police. (AGO 13-0162)

Projected ticket revenue may be included in municipal budget. (AGO 18-0058)

(6) To represent the municipality on all occasions required by state law or ordinance.

(R.S. 33:404(A)(6))

(7) To be the keeper of the municipal seal and affix it as required by law. (R.S.

33:404(A)(7))

(8) To sign warrants drawn on the treasury for money, to require that the clerk attest to

such warrants, to affix the municipal seal thereto, and to keep an accurate and complete record of

all such warrants. (R.S. 33:404(A)(8))

Ordinance requiring all bills over $100 be submitted to board for payment approval impinges on

authority of mayor. (AGO 03-0036)

Mayor can pay specific bills without board approval when the bills fall within a category on

approved budget and proper appropriations were made. Board can require list of all accounts

and accounts payable and purchase orders be presented to them by mayor. (AGO 03-183)

Mayor may require an additional signature on all checks drawn upon municipal treasury so long

as mayor still signs all checks, the additional signatory has no discretion regarding signing the

checks, and mayor retains authority to revoke second signature requirement. (AGO 05-0003)

Mayor has authority to revoke a policy requiring a second signature on checks drawn on the

treasury. (AGO 16-0193)

Mayor may not make changes to municipal budget unilaterally by refusing to pay salary of a

Parish Council on Aging site manager after salary has been properly approved by previous

mayor and board and funds have been duly appropriated. (AGO 09-0187)

Mayor may expend public funds to promote, encourage, and develop industry, trade and

commerce, which may include the town hosting a music event, if the funding for the event does not

exceed the amount allocated by the board in the funds budgeted for the purpose of entertainment

and attractions. (AGO 10-0268)

The Lawrason Act October 2020

(9) To have any other power or perform any other duty as may be necessary or proper for

the administration of municipal affairs not denied by law. (R.S. 33:404(A)(9))

Control of litigation is within power of mayor, subject to budgetary control of board. (AGO 96-

34)

Investment of surplus monies is an executive function and mayor can transfer monies from one

investment vehicle to another without prior board approval. (AGO 00-205)

Disability - If the mayor is unable to carry out the duties of the office by reason of

physical or mental disability, as determined by a licensed physician, the mayor pro tempore shall

perform all of the duties of the mayor for the duration of any such disability. (R.S. 33:405(A)(4))

B. Board of Aldermen

Powers - The legislative powers of the municipality are vested in and exercised by the

board. (R.S. 33:362(A)(1))

Board has control over the municipal fisc and their express or implicit authorization is required

for all public expenditures. (AGO 94-520)

Individual aldermen have no authority to issue work orders to a department, as this

administrative task is delegated to mayor (AGO 92-454); have no express statutory authority to

independently negotiate contracts on behalf of the municipality (AGO 12-0154); or, when acting

alone and without board authority, cannot bind municipality to pay attorney for legal advice.

(AGO 98-474)

These powers include, but are not limited to:

(1) Enacting ordinances and enforcing the same by fine not to exceed $500 dollars or

imprisonment not exceeding 60 days, or both. (R.S. 33:3612(A)(2)(b))

Any ordinance that conflicts with state law is invalid. (AGO 09-0182)

The board, by ordinance, can terminate mayor’s authorization to use a municipal credit card

(AGO 04-0126); require mayor to appoint department heads but only if mayor initially made

recommendation to board regarding organization of municipal departments (AGO 07-261);

require all municipal vehicles, except police units, be parked at a municipal facility at close of the

business day (AGO 03-183).

However, the board may not adopt an ordinance requiring rotation monthly of the purchase of

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fuel and repair of vehicles and equipment with businesses located in municipality as this

interferes with authority of mayor to conduct municipal daily operations (AGO 07-0087) or

giving the board final veto to veto or assent to hiring or firing of each noncivil service employee

as this conflicts with the statute giving the mayor responsibility for administering municipal

government (Bourgere v. Anzelmo, App 5 Cir. 1988, 517 So. 2d 1121).

The board may set up advisory committees. (AGO 07-261);

(2) Providing by ordinance for assessing against the abutting property the cost of cutting,

destroying, or removing noxious weeds, grass, or other deleterious, unhealthy, or noxious growths

or accumulations on any sidewalk; assessing on the owner of such lot or place or area the cost of

cutting, destroying, or removing noxious weeds, grass or other deleterious, unhealthy, or noxious

growths or accumulations within the corporate limits; and on the owner of any lot or place or area

within the corporate limit the cost of cutting, destroying or removing noxious weeds, grass, or

other deleterious, unhealthy, or noxious growth or accumulation on the lot or place or area; and

providing for the filing of notice of such cost which shall constitute a privilege upon the property

and shall be prior in rank to mortgages, vendor's privileges, and all other privileges except tax

privileges. (R.S. 33:362(A)(2)(c))

(3) Seeking reimbursement from a former municipal employee on whose behalf the

municipality paid licensure fees for a commercial driver's license when such employee is

employed for a period of six months or less from the date upon which the municipality paid such

licensure fee on behalf of the employee. Reimbursement is limited to the amount of the licensure

fee paid by the municipality. The former employee is liable to the municipality for an amount

equal to the amount of the licensure fee paid by the municipality. (R.S. 33:362(A)(2)(d))

(4) Subject to law and applicable civil service rules and regulations, by ordinance,

providing policies and procedures regulating the employment of municipal employees including

the hiring and firing of such employees. (R.S. 33:362(A)(3))

Board approval is required for the appointment or removal of a non-elected chief, clerk,

municipal attorney, any department head and a CPA conducting the review, compilation or audit

as required by the audit law. (AGO 03-0296)

Board may adopt personnel policy, by ordinance, that regulates the rights of at-will non-civil

service employees, neither in policy-making nor confidential duties, to engage in political activity

and provide that such an employee shall be terminated or required to take a mandatory leave of

absence if the employee participates in any political activity or seeks political office. (AGO 11-

0215)

Board may establish, by ordinance, (1) office hours for municipal employees (including the fire

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chief) and (2) regulations requiring their use of a time clock (AGO 03-0183) and may provide for

the expiration of accumulated compensatory time earned by municipal employees (AGO 18-

0111).

Board may not

(1) Declare a vacancy in elected office. (AGO 12–0097 and 12-0045)

(2) Remove the mayor from office. (Higginbotham v. Flood, App. 2

Cir. 2010, 36 So. 3rd 444)

(3) Authorize the removal of a non-elected chief, clerk, municipal attorney, any department head

and a CPA conducting the review, compilation or audit as required by the audit law without

mayor's recommendation. (AGO 03-0296)

(4) Outside of R.S. 33:404(A)(3), hire, fire, or discipline municipal employees or to review the

termination of municipal employees made by the mayor. (AGO 12-0056)

(5) Initiate or conduct an investigation of an elected chief of police. (AGO 14-0126)

(6) Mandate cost of living salary increase to non-elected municipal employees who are under the

supervision of mayor, only mayor can determine if a pay raise is to be awarded to any such

employee, provided that funds for the increase must be properly budgeted. (AGO 02-276)

(7) Alter rules for vacation days for municipal employees by motion as an ordinance is required.

(AGO 12-0043)

(5) Creating, abolishing, merging, or consolidating any department, other than the police

department with an elected chief of police, upon written recommendation of the mayor. (R.S.

33:362(C))

Mayor can be required to appoint department heads by ordinance only if he initially made the

recommendation to the board regarding the organization of municipal departments. (AGO 07-

261)

Number - The number of aldermen in a city must be not less than five nor more than nine;

the number of aldermen in a town is five; and the number of aldermen in a village is three. (R.S.

33:382(A))

If a city has eight or more aldermen, two must be elected from each district and the

remainder elected at large. If a city has seven or fewer aldermen, an equal number of aldermen

are elected from each district and the remainder elected at large. If a town is divided into districts,

one alderman is elected from each district and one elected at large. Aldermen in villages are

elected at large. (R.S. 33:382(B))

A board not divided into districts may, by ordinance, divide the municipality into districts.

Each district must contain as equal population as possible and the territory in each district must be

contiguous. (R.S. 33:382(C)(1))

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The board may, by ordinance, divide the board into divisions, such that aldermen are

elected at large but each alderman is elected to a specific division for the sole purpose of

nomination and election and which is designated alphabetically. Of the initial aldermen to be

elected under this provision, the alderman senior in point of continuous service presides over

Division "A", and the other aldermen preside over the other designated divisions according to

their respective periods of continuous service. If two or more aldermen in a municipality have

served continuously for the same length of time, the alderman senior in age presides over the

division first in alphabetical order. The successor to any alderman presides over the same division

as his predecessor. A candidate for such nomination and election shall, at the time of filing his

declaration as a candidate, designate the division for which he is a candidate. The electors shall

elect one alderman from among the candidates for each division. (R.S. 33:382(C)(2))

The board may establish, by ordinance, that aldermen are to be elected in a manner

different from that provided in R.S. 33:382. The ordinance may provide that all aldermen be

elected at large, that a number of aldermen be elected at large and a number from districts in

proportion other than that specified in R.S. 33:382, or that only some of the board members be

elected to particular divisions. However, no ordinance changing the manner in which aldermen

are elected shall be adopted within one year of the date of an election for aldermen. (R.S.

33:382(D))

Once the boundaries of districts or the divisions have been established by ordinance, they

shall not be changed for two years from the effective date of the ordinance. The boundaries once

established may only be changed by a vote of two-thirds of all board members. No change in the

boundary of a district or the division shall be made, however, within one year of the date of an

election for aldermen. (R.S. 33:382(E))

The board shall reconsider the boundaries of the districts within six months of the official

publication of the federal decennial census by the Census Bureau and within six months of any

annexation. The purpose of any such reconsideration shall be to determine if the boundaries of

the districts continue to divide the municipality into districts of nearly equal population. (R.S.

33:382(F)(1))

If upon reconsideration, a board determines that unequal apportionment of the municipal

population exists, the board shall, by ordinance, change the boundaries to reflect as nearly as

possible an equal apportionment of the population. (R.S. 33:382(F)(2))

The boundaries of any election district for a new apportionment plan from which members

of the governing authority are elected shall contain, to the extent practicable, whole election

precincts established by the parish governing authority. (R.S. 33:382(G))

Qualifications - Qualifications of aldermen are the same as for the mayor, and in addition,

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those elected from wards must be residents of their respective wards. (R.S. 33:385(A))

Council - The governing authority may, by resolution, elect to be known and referred to as

a village, town, or city council as appropriate. Each member of the council is known and referred

to as a council member. The governing authority may make other conforming changes in naming

conventions, but no change shall in any way alter the applicability of state law to the municipality,

its governing authority, or the members thereof. The governing authority shall submit a copy of

the adopted resolution to the secretary of state for recordation. (R.S. 33:343)

Mayor pro tempore - The board shall select one of its members to be mayor pro tempore.

Mayor must vote to break a tie vote for mayor pro-tempore. (AGO 03-0053)

If the mayor is unable to attend a board meeting, the mayor pro tempore shall preside with

all rights and powers granted to the mayor with regard to presiding. (R.S. 33:405(A)(3))

If the mayor is unable to carry out the duties of the office by reason of physical or mental

disability, as determined by a licensed physician, the mayor pro tempore shall perform all of the

duties of the mayor for the duration of any such disability. (R.S. 33:405(A)(4))

If a vacancy occurs in the office of the mayor, the mayor pro tempore shall perform all the

duties of the mayor until such time as the vacancy is filled as otherwise provided by law. (R.S.

33:405(A)(5))

Otherwise, the mayor pro tempore has no additional authority to perform the duties of the

mayor except as provided by law or upon the written consent of the mayor. (R.S. 33:405(A)(6))

Upon written consent of mayor, mayor pro tempore may preside over the mayor's court. (AGO

17-0092A)

A council member serving as mayor pro tempore does not lose his or her ability to vote, and may

cast votes for or against items on the agenda. Further, the mayor pro tempore may make or

second a motion on the agenda. (AGO 11-0275)

C. Chief of police (marshal)

The chief of police (marshal) is elected at large. (R.S. 33:381(B)) He must be an elector

of the municipality. At the time of qualification as a candidate, he must have been domiciled for at

least the immediately preceding year in the municipality. (R.S. 33:385.1(A)) However, the

elected chief of a village at the time of qualification as a candidate must have been domiciled for

at least the immediately preceding six months in the village. (R.S. 33:385.1(B))

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Municipalities where the chief is appointed rather than elected as of August 1, 1970, may

continue to operate with an appointive chief. (R.S. 33:381(B))

A majority of the qualified electors voting at a special election called by the board for that

purpose, may authorize the mayor to appoint the chief, with board approval. The election must be

called only upon the presentation of a petition, directed to the board and signed by at least 25% of

the qualified electors of the municipality. Once the election has been called and held, no further

or other election on the same question can be held for at least four years.

Upon a vote to authorize the mayor to appoint the chief, the first appointment shall be

made at the end of the term of the chief in office at the time the election was held unless at that

time the office of chief is vacant or the incumbent is an appointed official.

Upon the expiration of at least four years after the effective date of determination that the

chief be appointed rather elected, the people may determine that the office shall be elective, but

only in the same manner and procedure as described above. (R.S. 33:381.1)

A municipality with a population of 5,000 or less according to the latest federal decennial

census, voters may, at a special election called by the municipal governing authority for that

purpose, authorize the mayor to thereafter appoint a marshal who is the chief of police with the

approval of the governing authority or provide for the election of a marshal who is the chief of

police. The election is called only upon the adoption of an ordinance by a two-thirds vote of the

governing authority. Once the election has been called and held, no further or other election on

the same question shall be held for at least four years. If the voters authorize the mayor to appoint

the marshal, the first appointment shall be made at the end of the term of the marshal in office at

the time the election was held unless at that time the office of marshal is vacant or the incumbent

is an appointed official. If the voters vote to elect the marshal, the term for the elected marshal

shall begin at the end of the term of the marshal in office at the time the election was held unless

at that time the office of marshal is vacant. Upon the expiration of at least four years after the

effective date of any such determination that the marshal shall be an appointed rather than an

elected official or an elected rather than an appointed official, the people of any such municipality

may determine that said official shall be elected or appointed, according to the same procedure.

(R.S. 33:381.2)

In addition, certain municipalities have been authorized by law to conduct an election to

abolish the office of chief of police. (See LOCAL PROVISIONS on page 45)

Powers - The chief is ex officio a constable. He has general responsibility for law

enforcement in the municipality, and is charged with the enforcement of all ordinances within the

municipality and all applicable state laws. He is to perform all other duties required of him by

ordinance. (R.S. 33:423) The chief of police may be tax collector or assessor, if the board so

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decides. (R.S. 33:381(B))

General-

Chief is chief law enforcement officer of municipality, within municipal limits and as to all

offenses, and his authority may not be superseded or limited by sheriff. (AGO 97-484)

Sheriff and chief of police within a municipality share concurrent jurisdiction. (AGO 05-0221)

Police department is not a separate and distinct juridical entity from municipality for workers'

compensation purposes. Dugas v. City of Breaux Bridge Police Department, 757 So. 2d 741

(App. 3 Cir, 2000)

Law does not require a specific number of police officers based on municipal population. (AGO

17-0112)

Absent an ordinance or civil service rule to the contrary, no state law prohibits placing a police

department employee on administrative leave with pay while under investigation. (AG) 00-0254)

The chief may:

(1) authorize an on call reserve officer to drive police vehicle to and from home outside of

municipal limits; such use does not constitute compensation. (AGO 09-0013)

(2) use municipal vehicles to accompany local school athletic teams to athletic events outside the

municipality, as long as police officers are performing authorized off-duty detail in accordance

with the Code of Governmental Ethics (R.S. 42:1123(15)) (AGO 14-0175)

The chief may not:

(1) by agreement, transfer any powers and duties to the mayor. (AGOs 00-0051 and 06-0105)

(2) contract privately for the performance of office duties. (AGO 07-0048)

(3) permit the use of a municipal facility during an emergency. (AGO 11-0105)

(4) establish a separate fund for the deposit of monies generated by the police department. (AGO

98-469) However, mayoral authority over municipal fund accounts does not extend to private

funds generated by volunteer police reserve units. (AGO 91-568)

(5) release prisoners from jail or release them on bond, which is mayor's authority. (AGO 05-

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002)

(6) use a police vehicle assigned to him for personal use without authorization of mayor or

board. (Lentini v. City of Kenner, 211 So. 2d 311 (La. 1968); AGO 96-475; AGO 00-398, AGO

18-0017) Mayor and board may require chief to restrict use of assigned vehicle to official

business and may further require the vehicle to be parked at the police department when the

vehicle is not being used for official business. (AGO 11-0125)

Off-duty officers may utilize department equipment for private security work. (AGO 12-0009)

Board may not declare police department "drug" dog surplus property and sell the dog but could

by specific budgetary appropriations limit funding for the continued maintenance and use of the

"drug" dog. (AGO 05-224)

Elected Chief of Police -

The mayor and board may contract with the sheriff for law enforcement and may decrease the

funds originally budgeted to the police department according to law but they may not by

budgetary decisions preempt the authority of the chief of police in favor of another law

enforcement agency in the parish, and the sheriff may not limit the authority or responsibility of

the chief of police to enforce town ordinances and state laws within the boundaries of the

municipality. (AGO 97-484) If municipal law enforcement is capable of performing adequate law

enforcement for the town then the mayor and aldermen must fund it within their ability to do so.

They cannot refuse to fund the chief of police in order to reserve those funds for a contract with

the sheriff. If no adequate law enforcement exists, the mayor and board have a duty to the people

to do all they can within the law to provide those services, which could, conceivably, include a

contract with the sheriff. The chief of police has primary responsibility for law enforcement

within the municipality and that cannot be usurped by the sheriff.(AGO 01-0116)

Neither mayor nor board may suspend or dismiss an elected chief. (AGO 97-246)

An elected chief of police’s fringe benefits which constitute compensation cannot be discontinued

during the term served. An example of a fringe benefit is an automobile provided by an employer.

(AGO 97-430) thus, the chief's vehicle may not legally be taken away. (AGO 01-0116)

Absent a specific ordinance providing so, an elected chief of police is not entitled to receive

compensation for any accrued annual leave upon leaving office. (AGO 05-0007)]

The appointment of an individual to fill a vacancy in the elected position of chief of police does

not change the position from elective to appointive and does not change the duties, powers, or

benefits inherent in the position, and the individual cannot be removed without legal or just

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cause. (AGO 14-0003)

The “general responsibility for law enforcement” granted the chief of police by R.S. 33:423

means the inherent power to supervise the operation of the police department and assign its

personnel and equipment. Divesting the police chief of his physical office space would usurp the

chief's “inherent powers”. (AGO 01-0116)

Mayor's refusal to obtain or pay for insurance for chief of police's official police vehicle when the

funds have been properly budgeted is an infringement on the chief's inherent power to supervise

the operation of his department. (AGO 18-0124)

Mayor may not require police officer within a department headed by an elected chief of police to

issue a citation. (AGO 04-0140)

An elected chief is to make recommendations to the mayor and board for appointment of police

personnel, for the promotion of officers, to effect disciplinary action, and for dismissal of police

personnel. The nominations or recommendations are to be made regardless of race, color,

disability, or creed. (R.S. 33:423)

Council must provide its elected police chief the opportunity to make recommendations

concerning the re-hiring of a police officer before the municipality acts. However, the

municipality need not adopt such recommendation and may take a different course of action.

(AGO 15-0033)

The board and the mayor, who will make the decision regarding hiring an officer, have the

authority to conduct interviews of police officer candidates. (AGO 18-0158)

The chief may not hire or appoint an assistant chief of police without the approval of the board

and the mayor. While the mayor and board are not bound to accept the chief’s first

recommendation, they may not hire outside that recommendation. The assistant performs only

those duties assigned by the chief, not by the mayor. (AGOs 01-0007, 01-0007A, and 05-0320)

Reserve or auxiliary officers, whether compensated or not, are considered "police personnel" and

must be approved by board. Once approved, they may not be compensated without approval of

the governing authority. (AGO 02-0360)

Chief is mandated by law to make personnel recommendation to mayor and board for disciplinary

action. Board and mayor may seek a writ of mandamus against the chief who fails to make a

recommendation. (AGO 10-0052)

Once a recommendation is made by chief, board may take its own action. Grant v. Grace, 870 So.

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2d 1011 (La. 2004) A decision by an elected chief that “no disciplinary or corrective action ... is

justified or warranted” against an officer is a recommendation. (AGO 04-0271)

Mayor and board lack authority to unilaterally terminate a police employee without

recommendation of elected chief. Thibodeaux v. Hernandez, App. 3 Cir. 1997, 702 So. 2d 1157.

Revoking a police commission card and removing the officer from the police force is an act of

discipline requiring the recommendation of the chief. Neither the mayor nor the chief may act

alone to revoke a police officer's commission and withdrawal of the commission card. (AGO 19-

0167)

Board does not have authority to set quotas, either directly or indirectly, for amount of traffic

tickets that must be issued by police department with an elected chief of police. However,

establishing ticket quotas is permissible when done by the elected chief of police (AGO 05-0038)

An elected chief of police who instructs officers to not issue tickets violates his statutory duty to

enforce municipal ordinances and state law. (AGO 18-0005)

An elected chief may make a provisional appointment to immediately fill any vacancy in

the police department occurring by reason of death, resignation, termination, or otherwise subject

to the approval of the mayor. Any such action shall be deliberated at the first special or regular

meeting of the board after the appointment has been approved by the mayor. Any provisional

appointment shall remain in effect unless rejected by the board. (R.S. 33:423(C)(2)(a))

The elected chief of police in any municipality with a population of not less than one

thousand persons and not more than one thousand five persons may appoint police personnel,

including the authority to make provisional appointments, subject to the budgetary limitations of

the chief of police pertaining to the number of allotted positions for the police department, subject

to the concurrence of the mayor. R.S. 33:423(C)(2)(b)

The authority does not provide for provisional appointments in other emergency situations.

(AGO 19-0071)

In addition, an elected chief may immediately effect disciplinary action on police

personnel and dismiss any such personnel subject to board approval. Any such disciplinary action

or dismissal shall be deliberated by the board at the first special or regular meeting after any such

determination has been made by the chief. (R.S. 33:423(C)(1)(a))

Finally, there are several laws that authorize the chief of police of certain named

municipalities to appoint and discharge and to impose discipline unilaterally within their

department. (See LOCAL PROVISIONS on page 45)

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An elected chief:

(1) has the inherent power and authority to supervise and control his office, equipment, and

personnel. (AGO 16-0046)

(2) must ensure reasonable steps are taken to recover police department property in the

possession of former employees. (AGO 18-0005)

(3) has discretion to determine whether charges are to be referred to district court or mayor's

court. (AGO 81-1312)

(4) has final authority over decision regarding security of the police department. (AGO 09-0288)

(5) has authority to fix and determine the work schedules of police personnel. assign police

vehicles, provide for regulations concerning police uniforms, and provide guidelines for the daily

administration of his office. (AGO 16-0046)

(6) may amend an officer's work schedule from full-time to part-time without board approval

unless the change is a disciplinary action. (AGO 18-0005)

(7) may make any expenditure and payments contained in the police department budget once

funds are budgeted and appropriated (AGO 18-0058), but the authority to sign checks and access

funds in the municipal treasury is provided to the mayor, clerk, and treasurer. (AGO 15-0104)

The mayor has ministerial duty to sign checks for authorized expenditure by the elected chief of

police. (AGO 18-0058)

(8) has control of accounts containing funds which are held by the police department as a

fiduciary. (AGO 15-0104)

(9) may hire a CPA to review police department budget if funds have been budgeted and

appropriated for that purpose. (AGO 18-0058)

(10) absent a controlling law or ordinance, department policy or custom regarding annual leave

accumulation, may establish annual leave for officers. In the absence of any law, ordinance,

policy, or custom, annual leave would have to be used before the end of the year or be lost. (AGO

99-0034)

(11) may obtain a new telephone service which is within the chief's authority to control his office

and equipment. (AGO 17-0023)

(12) may engage in private security employment during his off-duty hours as long as there is no

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conflict with ordinance or ethical violation of the Code of Governmental Ethics. (AGO 12-0009)

(13) may limit or restrict the general public from bringing audio/video recording devices into the

police determent including lobby and waiting areas, due to operations and security concerns

exercised along with the First Amendment rights of public to gather information about

government activities. (AGO 14-0090)

As to the use of municipal vehicles, the elected chief of police may:

(1) assign a police department vehicle to himself for police work, however, the vehicle may not be

used for personal use unless authorized by the mayor and board of aldermen. (AGO 80-1280)

(2) use vehicle assigned on 24-hour basis for personal use so long as cost associated with the

personal use does not exceed the public benefits of having the chief able to respond to

emergencies on a 24-hour basis. (AGO 10-0250)

However, the mayor and board may:

(1) except for on-call employees, restrict the use of motor vehicles to official business (02-139

02-0282 and 00-398)

(2) prohibit the personal use of municipal vehicles. (AGO 00-504)

(3) while incidental use of a town vehicle is permissible, limit the personal use of town vehicles,

so long as it does not interfere with the chiefs inherent authority to control police vehicles for

official law enforcement business. (AGO 16-0049)

(4) regulate use of police vehicles outside of municipal limits, but may not impinge upon

authority of elected chief to supervise and control his office, office equipment, and office

personnel. (AGO 97-558; AGO 05-0224)

Note: The use of a police vehicle by an officer of a police department under an elected chief of

police to travel to and from home while on call, when authorized by the chief, is not for personal

use. (AGO 13-52)

The mayor and board may not:

(1) once equipment owned by a municipality has been property designated for use by a police

department, take the equipment back without the approval of the chief of police. (AGO 14-0037)

(2) initiate or conduct an investigation of an elected chief of police. (AGO 14-0126)

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(3) grant a raise to a police officer without first giving notice to elected chief of police as law

requires that chief make a recommendation. (AGO 05-250)

An ordinance may not:

(1) prohibit elected chief of police or his officers, while on duty, from carrying a taser or other

electrical device on their person. (AGO 13-0162)

(2) require police officers to use body cameras, totally prohibit removal of police department

equipment from municipal hall, and ban official business use of police vehicle outside of

municipality. (AGO 18-0113)

(3) prohibit an elected chief of police from holding employment in private sector. (AGO-11-0025)

(4) limit access to areas of the police department building as this improperly infringes on

authority of the elected chief of police. (AGO 18-0111)

The chief is not required to:

(1) establish certain "working hours". (Cogswell v. Town of Logansport, 321 So. 2d 774 (La. 2

Cir. 1975); AGO 95-13; 98-469; 17-0112)

(2) inform the mayor when he leave town to attend mandatory police training. (AGO 13-0162)

The chief may not:

(1) unilaterally promote an officer. (AGO 04-0141)

(2) unilaterally reinstate a suspended officer. (AGO 17-0037)

Appointed Chief of Police - The authority granted the appointed chief of police is

restricted to the territorial limits of the municipality. In order to be vested with police powers

outside his jurisdiction, the chief of police must obtain a special commission from the sheriff.

(AGO 10-0036)

The duties, responsibilities and qualifications of an appointed chief are defined by ordinance, the

chief has no other authority. (AGO 05-0170)

Trial court order that mayor not interfere with appointed police chief was legally erroneous as

contrary to clear authority granted to mayor to supervise police department' s management.

(Ford v. Wycoff, App 3 Cir. 2000, 757 So. 2d 833)

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While mayor enjoys supervisory authority in administrative matters, an appointed chief of police

retains the powers and duties as the chief law enforcement officer according to La. R.S.

33:423(A). Accordingly, because La. R.S. 44:3 exempt records of criminal investigations and

prosecutions from public records requests, and because a mayor's authority over an appointed

police chief pertains to administrative matters and not the department's law enforcement

functions, an appointed chief's investigative records are not subject to a mayor's review. (AGO

16-0188)

Discipline of a police officer with an appointed chief is by mayor. (AGO 96-259)

The board may not:

(1) remove nonelected chief of police without mayor's concurrence or recommendation. (In re

Dismissal of Jordan, App 2 Cir. 1994, 631 So. 2d 57)

(2) override the decision of the mayor following recommendation of an appointed chief of police

to suspend an officer. (AGO 04-209)

(3) rescind the appointment of a current officer to an internal affairs investigator in the

department made by the mayor together with the appointed chief of police because of the chief's

power to assign police personnel and the mayor's authority to hire police personnel. (AGO 19-

0160)

D. Clerk

At the first regular meeting of the board elected at a regular municipal election, the mayor,

subject to board confirmation, must appoint a clerk. In making or approving such appointments

and in filling vacancies, the mayor and board shall give preference to municipal residents if all

other considerations are equal. (R.S. 33:386(A))

The clerk shall serve as auditor. (R.S. 33:422) The clerk may also be tax collector or

assessor, if the board so decides. (R.S. 33:381(B))

NOTE: Any alderman serving as clerk on July 10, 1997 may continue to serve in such

capacity. (Section 2 of Act 836 of 1997)

Position of clerk is not a classified civil service employee under the 1974 constitution. (Carron v

City of Opelousas, App 3 Cir. 2007, 970 So. 2d 1205)

Ordinance may require that position of clerk is full time and, unless an ordinance requires that

clerk maintain his office in municipal hall, he is to keep his records wherever he has his office.

(AGO 98-418)

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Ordinance cannot regulate the clerk's day to day activities, including requiring him to keep time

sheets or having him record his coming and going in the municipal hall. However, the mayor

may require the clerk to keep track of and report him time and tasks. (AGO 14-0027)

Minute book - The clerk is to keep a book to be labeled "Municipal Minutes, City of

_____," or "Town of _____," or "Village of _____," as the case may be, in which he shall record

the proceedings of the mayor and board, and keep the same fully indexed alphabetically, so that

all entries on the minutes can be easily found. (R.S. 33:421)

As clerk is not an elected official, mayor, with confirmation of board, may appoint someone other

than clerk to take minutes of a board meeting. (AGO 06-0070)

Seal - The clerk is the custodian of the municipal seal. (R.S. 33:421)

Docket - The clerk is to keep a book, to be styled "Municipal Docket, City of _____," or

"Town of _____," or "Village of _____," as the case may be, upon which he shall enter each claim

against the municipality, and each subject matter to be acted upon by the mayor and board. After

each meeting he shall make up such docket for the next regular meeting. He is to examine state

laws and municipal ordinances to ascertain subject matter required or proper to be acted upon at

the following meeting, and docket all such matters. (R.S. 33:421)

Records - He is to keep such other books and records as may be provided for by ordinance,

and file in his office and preserve all records and papers appertaining to the business of the

municipality. (R.S. 33:421)

Tax records - The clerk is to keep a book to be styled "Tax Record, City (or town, or

village) of _____," in which he shall enter all deeds to individuals, and the list of lands sold to the

municipality by the tax collector, showing (a) description of the land, (b) as whose property sold,

when redeemed, (f) by whom redeemed, (g) date of redemption, and (h) amount paid therefor.

(R.S. 33:421)

Auditor - The clerk is also the auditor. He must keep a book to enter and preserve

accounts of each particular fund and the accounts of each municipal officer. The treasurer shall

not receive money from any source until the same has been reported to the clerk and audited, and

a receipt warrant issued. All fines and forfeitures are to be reported by the collecting officer,

immediately after such collection, and paid into the treasury. The books of the auditor are subject

to inspection by taxpayers of the municipality during business hours. (R.S. 33:422)

E. Tax collector

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At the first regular meeting of the board at a regular municipal election, the mayor, subject

to board confirmation, must appoint a tax collector. In making or approving such appointment

and in filling vacancies, the mayor and board shall give preference to municipal residents if all

other considerations are equal. (R.S. 33:386(A))

The tax collector must collect, account for, and pay over all taxes levied by the

municipality, and perform all other duties required of him by ordinance, or as may be required by

law of collectors of parish and state taxes, under the same penalties prescribed by law for the

collection of state and parish taxes. The tax collector, and the sureties on his official bond, are

liable to the municipality for any defalcation, shortage or embezzlement of, or failure to account

for, funds of the municipality collected by him, until he has obtained a quietus or discharge from

the municipality for the amount of such collections, and for all public money with which he may

have been entrusted.

Notwithstanding his term as tax collector may have expired, the liability of the tax

collector, and the sureties on his official bond, shall be a continuing liability enforceable by the

municipality against any property of the tax collector, and that of the sureties on his official bond,

standing of record in his or their names at the date of the discovery of such defalcation, shortage,

embezzlement or failure to account for, said funds, and until such quietus or discharge has been

obtained, and regardless of whether the official bond has been placed on record or not.

If the surety on the bond is an indemnity company authorized to do business in this state,

or if there are personal sureties, it or the personal sureties, or either of them, or the tax collector,

may proceed by rule, taken contradictorily with the municipality in district court, to obtain a

quietus from the municipality, and a cancellation of the official bond, if more than two years have

elapsed from the date of the discovery of any defalcation, shortage or embezzlement of, or failure

to account for, any funds of the municipality, without legal action having been taken by the

municipality to collect the sum or sums representing the alleged defalcation, shortage or

embezzlement of, or unaccounted for, funds, from the tax collector or his sureties.

The obligations imposed upon the tax collector, and the sureties on his official bond, and

the measure of their respective liabilities on the bond and the effect thereof upon the respective

properties of such tax collector, or sureties, shall be implied conditions of the bond fully binding

and enforceable against the tax collector and sureties on his bond and their respective properties,

as though the same had been specially written therein. (R.S. 33:424)

The clerk or chief of police may be a tax collector or assessor, if the board so decides.

(R.S. 33:381(B))

Position of tax collector is not a classified civil service employee under the 1974 constitution.

(Carron v City of Opelousas, App 3 Cir. 2007, 970 So. 2d 1205)

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Some municipalities have been exempted from having a tax collector. (See LOCAL

PROVISIONS on page 45)

F. Treasurer

The treasurer is to receive, safely keep, and pay out according to law, all monies belonging

to the municipality. He must keep accurate accounts of all receipts and disbursements, and make

written report of municipal finances to the mayor and board, at each regular meeting; perform all

other duties prescribed by ordinance; and pay out money only on the warrant issued by the order

of the mayor and board. (R.S. 33:425)

Fines collected for violation of municipal ordinances are to be deposited into the treasury unless

provided otherwise by governing authority. (AGO 13-0229)

Absent an ordinance, establishing a separate account presumably to be designated for the use of

law enforcement purposes is prohibited. (AGO 05-0096)

G. Street commissioner

The mayor may appoint a street commissioner, subject to board confirmation. The street

commissioner, under the direction of the mayor and board, has general control of the streets,

alleys, avenues, and sidewalks; sees that they are always in proper repair; has them worked,

repaired, altered, paved, lighted, sprinkled, and everything else done that ought to be done to keep

them in good repair and condition; and performs all other duties as directed by the mayor. (R.S.

33:426)

NOTE: Any mayor or alderman serving as street commissioner on July 10, 1997 may

continue to serve in such capacity. (Section 2 of Act 836 of 1997)

H. Attorney

The mayor, subject to board confirmation, may appoint and fix compensation for an

attorney for the municipality, whose duties may include representation of all municipal officers in

actions against them in connection with and arising out of their functions as such officers, and

other duties as prescribed by the mayor. The municipality may also employ counsel to represent

its interest should the occasion require. (R.S. 33:386(C))

A mayor may not replace the municipal attorney unless the removal is confirmed by the board.

(AGO 17-190)

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A municipal attorney is a public officer because he was not under the direct supervision or

control of an employer. (Ardoin v. Rougeau, App. 3 Cir. 1996, 670 So. 2d 441)

Board may pass resolution employing an attorney to file suit on behalf of the municipality without

the mayor's concurrence subject to the proper expenditure of municipal funds, if any. (AGO 13-

0186)

I. Matters Regarding Officers

Appointment - At the first regular meeting of the board elected at a regular municipal

election, the mayor, subject to board confirmation, must appoint a clerk, tax collector and all other

necessary officers whose election is not provided for in R.S. 33:381. In the event of a vacancy,

the mayor, subject to board confirmation, will appoint a successor. In making or approving such

appointments and in filling vacancies, the mayor and board shall give preference to municipal

residents if all other considerations are equal. (R.S. 33:386(A))

A mayor must appoint a new city clerk and tax collector upon expiration of the prior clerk’s and

tax collector's appointment. Carron v. City of Opelousas, App. 3 Cir.2007, 970 So.2d 1205, 2007-

506 (La. App. 3 Cir. 11/21/07), rehearing denied.

NOTE: Section 2 of Act 836 of 1997 provides that "Any alderman serving as clerk and

any mayor or alderman serving as street commissioner on July 10, 1997 may continue to serve in

such capacity."

Bond - The clerk and tax collector must execute bonds to the municipality in such amounts

and with such surety and conditions as may be prescribed by ordinance and hold their offices until

their successors are appointed and qualified. (R.S. 33:386(B))

Compensation - The compensation or method of fixing the compensation of an elected

official of a Lawrason Act municipality shall be provided by law. Compensation of a local

official shall not be reduced during the term for which he is elected. (Const. Art. 6, Sec. 12)

The board shall, by ordinance, fix the compensation of the mayor, aldermen, clerk, chief of

police, and all other municipal officers. The board may, by ordinance, increase or decrease their

compensation and the compensation of any nonelected municipal officer and may increase the

compensation of other elected officials. However, the board shall not reduce the compensation of

any elected official during the term for which he is elected. (R.S. 33:404.1)

The prohibition established by La. Const. art. X, §23 and La R.S. 33:404.1 on reducing an elected

public official's salary during the term for which he is elected begins when the official qualifies

and is elected to office, not when he takes the oath or office. (AGO 16-0161) Salary of an elected

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official may be reduced after official is elected but before he begins his term, so long as the

reduced salary is reasonable. (Smith v. Town of Cotton Valley, App. 2 Cir. 1991, 584 So. 2d 1199,

writ denied 589 So. 2d 1057); however, the Third Circuit Court of Appeal has held that salary of

an elected official is fixed on date of the official's election. (Avoylles Parish Justice of the Peace

v. Avoyelles Parish Police Jury, App. 3 Cir. 1999, 758 So. 2d 161, writ denied 754 So. 2d 217)

Annual salary of an elected official is not reduced by adoption of a budget which does not clearly

indicate an intent to do so. (Matt v. Town of Eunice, App. 1 Cir. 1927, 6 La. App. 465)

Compensation of an individual appointed to fill a vacancy in the office of mayor must remain the

same as that of the person elected to the office during the remainder of that term. (AGO 14-0051)

When board compensation is based upon a per diem per meeting, no compensation is due when

meeting does not occur due to a lack of a quorum. (AGO 05-0179)

An expense account is not considered compensation. (AGO 18-0056)

The fixing of compensation for non-elected municipal officers may be by ordinance. An increase

in the salary of a non-elected officer may be accomplished through the adoption of a budget

ordinance, although this is not the "preferred practice" to do so. When a salary of a non-elected

officer is set in an ordinance, the best practice would be to amend that ordinance to accurately

reflect the compensation of the officer. (AGO 18-0099)

Term - The term of the clerk, tax collector, nonelected chief of police, street

commissioner, attorney, and court magistrate ends at the time of the first regular meeting of the

board elected at the succeeding each regular municipal election. (R.S. 33:386(D))

Vacancies - Except as otherwise provided by the constitution, a vacancy in any

municipal office filled by election shall be filled by appointment by the governing authority

in which the vacancy occurs, until it is filled by election as provided by law. (Const Art. 6

Sec. 13)

A vacancy in the office of alderman is filled pursuant to R.S. 18:602. [The governing

authority, within 20 days, appoints a person to fill the vacancy who meets the qualifications of the

office. The presiding officer is not be required to vote on such an appointment unless a tie vote

occurs, in which case he must vote to break the tie; however, in no case shall he vote more than

once on the appointment. If a vacancy is not filled within the time specified, the governor fills the

vacancy. If the unexpired term of an office is 18 months or less, the person appointed to fill the

vacancy or designated to assume the duties of the office serves for the remainder of the unexpired

term. If the unexpired term exceeds 18 months, the governing authority, within 20 days after the

vacancy occurs, must issue a proclamation ordering a special election to fill the vacancy and

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specify in the proclamation, the dates on which the primary and general elections will be held and,

the dates of the qualifying period for candidates in the special election. In selecting the dates for

such special elections, the governing authority may choose a gubernatorial or congressional

election date, if such date is available within 18 months of the occurrence of the vacancy or may

select an election date in accordance with state law. If the governing authority fails to issue the

proclamation within 20 days after the vacancy occurs, the governor issues the proclamation. In

the event of a tie vote in filling a vacancy, the mayor as the presiding officer shall vote to break

the tie.] If the mayor fails or refuses to do so, the members of the board must notify the governor

of the existence of the vacancy, and within 10 days after he receives the notice, the governor shall

make an appointment to fill the vacancy. (R.S. 33:385(B))

Any vacancy to which the officer is elected or appointed by the mayor and board may be filled for

the term by the mayor and board at any regular or special meeting. (R.S. 33:383(C))

Dual officeholding - In addition to the Dual Officeholding and Dual Employment Law

(R.S. 42:61 et. seq), the Act provides that no board member shall hold any other office or

employment under the municipal government while a member of the board, except as is provided

for in R.S. 33:381 and R.S. 33:386. (R.S. 33:385(C)). However, the Dual Officeholding and

Dual Employment Law does not prohibit a deputy sheriff from holding the office of either mayor

or alderman, provided the municipality has a population of 2,500 or less, according to the latest

federal decennial census. (R.S. 42;66(L)

NOTE: Section 2 of Act 836 of 1997 - Any alderman serving as clerk or as street

commissioner on July 10, 1997 may continue to serve in such capacity.

Board member cannot also be a member of municipal planning commission or municipal board of

adjustment. (AGO 07-0109)

Conflict of interest - In addition to the Code of Governmental Ethics (R.S. 42:1101 et

seq.), the Act provides that no board member or any other officer, shall be directly or indirectly

interested in any work, business, or contract the consideration of which is to be paid from the

treasury, nor be surety for any person having a contract, work, or business with the municipality,

for the performance of which security may be required, nor be surety for any officer or employee.

(R.S. 33:385(D))

The same individual contemporaneously holding the offices of city attorney, public defender, and

mayor's court magistrate raises significant questions about the propriety of allowing a city

attorney to simultaneously preside as magistrate, however specific questions concerning any

possible conflict of interest within the judiciary should be referred to the Judicial Commission of

the Louisiana State Bar Association. (AGO 95-235)

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BOARD MEETINGS

A. Meetings Public

All meetings are subject to the Open Meetings Law. (R.S. 33:405(G))

Board may, by resolution, adopt rules for participation in meetings and mayor is bound by the

rules. (AGO 08-0325)

B. Types of Meetings

Initial meeting - The governing authority of a newly incorporated municipality may hold

its first meeting at such time and place as may be most convenient, but thereafter must meet

regularly at a specified date, place, and hour formally designated by ordinance. (R.S. 33:405(B))

Regular meetings - The mayor and board must hold not less than one regular meeting in

each month on a date and at a place and hour to be fixed by ordinance. (R.S. 33:405(A)(2))

Mayor cannot unilaterally move a regular monthly meeting of board (AGO 08-254) or, on his

own, cancel a regular meeting of board, which the meeting is set by ordinance. (AGO 93-644)

Special meetings - Special meetings may be called by the mayor or a majority of the board.

The board is to establish, by ordinance, how notice of special meetings is to be provided to board

members and the mayor. The notice must specify the business to be considered at the special

meeting. No business, except that specified in the notice, is to be considered at the meeting only

after a unanimous vote of consent by the board and only after announcing the purpose of the item

and allowing anyone in the audience to speak on the item. (R.S. 33:405(C))

Mayor may not refuse to hold a special meeting that has been called by a majority of the board.

(AGO 13-46)

Emergency meetings - In cases of extraordinary emergency, as defined in the Open

Meetings Law, the mayor or any alderman may call an emergency meeting of the board. The

board members and the mayor must be notified in the most practical manner available, and the

purpose of the meeting may be stated in general terms. The board may adopt an ordinance at an

emergency meeting that it has not previously considered. The ordinance shall specify the nature

of the emergency, and a two-thirds vote of members of the board is required for its adoption. No

emergency ordinance can continue in force for more than 60 days and any emergency ordinance

that specifies a longer duration or no duration becomes void 60 days after it becomes effective.

(R.S. 33:405(D))

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C. Presiding Officer

The mayor presides at all board meetings, and in case there is an equal division, he shall

give the deciding vote. (R.S. 33:405(A)(1)) If the mayor is unable to attend a board meeting, the

mayor pro tempore shall preside with all rights and powers granted to the mayor with regard to

presiding. If both the mayor and mayor pro tempore are unable to attend a board meeting, the

board may select another alderman to preside with all rights and powers granted to the mayor with

regard to presiding at any such meeting. (R.S. 33:405(A)(3))

D. Agenda

Mayor has authority to control which items appear on the meeting agenda and the mayor may

delegate this authority, subject to the authority of the board to add an item at the meeting. (AGO

13-0221)

Mayor may adopt procedures for placing items on the meeting agenda and for conducting

meetings of board so long as these procedures conform to ordinances. Mayor may instruct clerk

to add or remove items from the agenda if not in conflict with clerk's duties or any other

procedures adopted by board. Clerk does not have authority to refuse to place items on the

agenda requested by mayor when no written rules have been adopted regarding the agenda and

since mayor is supervisor of the clerk. (AGO 05-0145)

By ordinance, board may bind mayor and limit his authority to place items on the agenda of

board meetings, except in two circumstances, when mayor calls a special meeting or when mayor

calls an emergency meeting. (AGO 06-0083)

Board may adopt procedure governing its meetings with allows individual members to place

items on the agenda, provided the request complies with the timelines set forth in ordinance and

the notice provisions of the Open Meetings Law. (AGO 15-0122)

E. Quorum

A majority of the members of the board constitutes a quorum at any meeting. (R.S.

33:405(E))

The mayor pro tempore is included in the number of board members for quorum purposes. (AGO

04-0359; AGO 11-0275)

Failure to hold at least one meeting each month with a quorum may be considered malfeasance in

office, but no state law requires a member to attend meetings. (AGO 15-0198)

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F. Continuance

Any meeting may be continued to another date announced at the meeting with the consent

of a majority of the board members. Any meeting that fails for want of a quorum may be

continued to a date announced at the meeting with the consent of the majority of aldermen present

or, if only one alderman is present, to the date he announces. However, a meeting that fails for

want of a quorum can not be continued but once. (R.S. 33:405(F))

G. Parliamentary Procedure

The Lawrason Act does not provide a set of rules for conduct at meetings that allows everyone to

be heard and to make decisions without confusion.

Lawrason Act does not require motion and second for introduction of an ordinance or resolution.

(AGO 91-518)

ORDINANCES AND RESOLUTIONS

Ordinances - Any law enacted by a board must be by ordinance. The style of all

ordinances shall be: "Be it ordained by the board of aldermen of the City (or Town or Village, as

the case may be) of ......." No ordinance can be adopted except by the affirmative vote of a

majority of the board members. (R.S. 33:406(A)(1))

Procedure for ordinance - A proposed ordinance may be introduced by an alderman at any

board meeting. Each proposed ordinance is to be in writing. An ordinance can contain only one

subject which is to be indicated in its title except for ordinances involving the annual operating

budget, a capital improvements budget, or a codification of municipal ordinances.

(R.S. 33:406(B)(1))

After a proposed ordinance has been introduced, copies are to be provided to all board

members and the mayor. The title of a proposed ordinance, except those specifically authorized

by R.S. 33:405(D), must be published once in the official journal. The notice must indicate the

time and place where the board will consider its adoption. No ordinance, except one authorized

by R.S. 33:405(D), is to be adopted until a public hearing on it has been held. No ordinance,

except one authorized by R.S. 33:405(D), can be adopted at the meeting at which it is introduced.

(R.S. 33:406(B)(2))

Each proposed amendment to an ordinance is to be presented in writing or reduced to

writing before its final consideration. An amendment to a proposed ordinance shall not nullify the

purpose of the proposed ordinance nor, except for ordinances involving the annual operating

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budget, a capital improvements budget, or a codification of ordinances, add a new subject matter

to it. (R.S. 33:406(B)(3))

An ordinance can not be amended by a resolution or motion. (AGO 93-616)

A proposed ordinance must be read by the title when called for final passage. The vote on

an ordinance at final passage shall be taken by "yeas" and "nays", and the clerk is to enter the

names of the aldermen voting for and against each proposed ordinance or amendment on the

minutes. (R.S. 33:406(B)(4))

Every ordinance adopted by the board must be signed by the clerk and presented by him to

the mayor within three days after its adoption. (R.S. 33:406(C)(1))

The mayor, within 10 days of receipt of an ordinance, must return it to the clerk with or

without his approval, or with his disapproval. If the ordinance is approved by the mayor or is

returned by the mayor with neither his approval nor disapproval, the ordinance becomes law upon

its return to the clerk. If the mayor fails or refuses to return an ordinance to the clerk within 10

days of its receipt, it becomes law at midnight of the tenth day after the receipt of the ordinance by

the mayor. If the mayor disapproves the ordinance, he shall, within 10 days after its receipt, return

the ordinance along with his written statement of the reasons for his veto to the clerk for

transmittal to each board member. The clerk is to record upon each ordinance the date of its

delivery to the mayor and the date of receipt from the mayor, if any. (R.S. 33:406(C)(2))

Mayor's written reasons for veto of an ordinance is proper and valid if returned through

electronic format and without a formal handwritten signature. (AGO 09-0016)

An ordinance vetoed by the mayor must be considered again by the board at its next

regular meeting after the veto. The board may vote on the ordinance at that meeting or at a

continuance of that meeting. If a board consists of three members, an affirmative vote by all

board members is required to override a mayor's veto. If a board consists of more than three

members, an affirmative vote of two-thirds of the board's members is required to override a

mayor's veto. If a board overrides an ordinance vetoed by a mayor, the ordinance becomes law

upon its enactment by the board. (R.S. 33:406(C)(3))

Two-thirds of a five member council is four members. (AGO 11-0275)

The clerk is to keep a book entitled "Ordinances, City (or Town, or Village) of ......." in

which he shall file the original of every ordinance which has been adopted by the board

immediately after its passage and attach a note to the ordinance stating the date of its enactment

and a reference to the book and page of the board's minutes containing the record of its adoption.

(R.S. 33:406(D)(1))

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The clerk is to publish each adopted ordinance once in the official journal within 20 days

of its adoption and prior to its effective date, except as otherwise provided in R.S. 33:405(D).

(R.S. 33:406(D)(2))

Unless an ordinance specifies an earlier or later effective date, the ordinance takes effect

on the thirtieth day after the meeting in which the ordinance was adopted. (R.S. 33:406(E))

Only the board may suspend an ordinance, and then only by the same vote and, except for

mayoral veto, according to the same procedures and formalities required for enactment of that

ordinance. After January 1, 1986, every resolution suspending an ordinance shall fix the period of

suspension, which can not exceed beyond one year and 30 days after the date of the meeting in

which the ordinance was suspended. (R.S. 33:406(F))

Mayor is not allowed to cast his vote to break a tie vote of board in the enactment of an

ordinance. (AGO 93-441)

Appropriations, etc - Any act of the board which would provide for the appropriation of

funds, the incurrence of debt, or the issuance of bonds or other evidences of indebtedness must be

by ordinance. However, the board may, by resolution, adopted by the affirmative vote of a

majority of the board members, require the expenditure of funds previously appropriated. The

resolution must be presented to the mayor within three days after its adoption for his approval or

disapproval.

An amendment to annual operating budget must be made by ordinance. (AGO 00-462)

Salary fixed by ordinance cannot be increased by resolution, but only by amending ordinance.

(Smith v. Town of Cotton Valley, App. 2 Cir. 1991, 584 So. 2d 1199, writ denied 589 So. 2d 1057)

Appropriation ordinance which has a line item "Administrative Salary" under the "Police

Dept."does not fix the compensation of chief of police "with sufficient certainty" as required by

law. At a bare minimum, ordinance to be valid for such purpose must state some version of "the

salary of the chief of police is hereby fixed at $ ." (Rogers v Town of Arcadia, App

2 Cir. 2002, 813 So. 2d 1110)

Resolutions - Any act of the board which is not law is by resolution. A resolution must be

approved by an affirmative vote of a majority of the board members present at a meeting. No

resolution requires the signature or other action of the mayor to become effective. (R.S.

33:406(A)(2))

Mayor may vote to break a tie vote to adopt a resolution when there is equal division of votes

among board members present. When there is a tie vote, with a board member abstaining,

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mayor has no authority to cast the deciding vote. (City of Pineville v. American Federation of

State, County, and Municipal Employees, 791 So. 2d 609 (La. 2001))

Mayor may not break a tie vote on a resolution by submitting his vote in writing after the meeting

at which the tie vote occurred has adjourned. (AGO 07-0040)

Motions - A motion is a formal proposal by a member of the board on which the body may

taken action, other than an ordinance or resolution.

Mayor may not veto a motion adopted by the board. (AGO 13-95)

MAYOR'S COURT

Courts and their officers may be established or affected only as provided in Article V of the

constitution. (Const. Art. VI, Sec. 25) Mayors' courts existing on January 1, 1975 are

continued, subject to change by law. (Const. Srt. V, Sec. 20)

Authorization; Jurisdiction - Except where a city court exists, there shall be a mayor's

court in the municipality, with jurisdiction over all violations of municipal ordinances. (R.S.

33:441 (A)) Since 1974, the legislature has created several specific mayor's courts by law (See

LOCAL PROVISIONS on page 45).

A municipality may reactivate a mayor's court that was deactivated after effective date of

constitution. (AGO 94-160)

A municipality created after 1973 cannot create a mayor's court. (AGO 96-141)

Mayor's court has concurrent (not exclusive) jurisdiction over violation of municipal ordinances

with district court. (AGO 81-1339)

Except in Jefferson Parish, a mayor's court has concurrent jurisdiction with the district

court of civil suits to collect utility debts owed to the municipality or to a utility system owned or

operated by the municipality, where the good faith amount in dispute does not exceed $5,000,

exclusive of penalties, interest, court costs, attorney fees and penalties, whether provided by

agreement or by law. If the demand asserted in a good faith original, amended or supplemental

pleading, cross claim, or in any good faith incidental demand or any other pleading, exceeds the

jurisdiction of the mayor's court, the court must transfer the action to a court of proper

jurisdiction. (R.S. 33:441(A)(5)(a) and (b))

Any person against whom a utility debt judgment is rendered may appeal to the district

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court for the parish in which the mayor's court is situated which shall be tried de novo. The party

against whom a judgment is rendered shall be given written notice of his right to appeal within the

time specified. The delay for appeal shall not run until the day after notice has been provided to

the party. The appeal must be filed within 10 days of the date of the judgment and notice of the

appeal must be given within the ten-day period to the magistrate who adjudicated the matter, the

district court to which the matter is being appealed, and the municipality in whose favor judgment

was rendered. The appeal from a decision of the district court shall be the same as provided by

law for appeals of civil matters adjudicated by a district court. The district court may assess costs

as authorized by law to the party against whom judgment is rendered. There shall be no

prepayment of court costs on behalf of the appellant. The judge shall inform the defendant of the

right to appeal at no prepayment of costs after a determination that the appellant is indigent. The

judge shall inform the appellant of his right to appeal. The municipal law enforcement authority

in which the mayor's court is located may effectuate service of process within the parish of the

court for any civil suit before the court. (R.S. 33:441(A)(5))

Presiding officer - As presiding officer of the court, the mayor may try all breaches of the

ordinances and impose fines or imprisonment, or both, provided for the violation (R.S.

33:441(A)) and has the power of a committing magistrate (R.S. 33:441(C)).

Under R.S. 33:405(A), the mayor pro tempore may preside over the court with the written consent

of the mayor. Under R.S. 33:441(B), upon the mayor's request, the board may appoint a court

magistrate, who must be an attorney.(AGO 17-0092A)

Mayor cannot validly issue an executive order compelling the referral of all misdemeanors

"arising under" municipal ordinance to mayor's court. (AGO 81-1312)

Presiding officer of the court has sole discretion on whether or not to issue arrest warrants for

persons who commit contempt of court by failing to appear pursuant to a subpoena. (AGO 98-

235)

The magistrate does not have authority to reduce a moving violation to a nonmoving violation.

(AGO 11-0129)

Costs - The mayor may also impose court costs not to exceed $30 for each offense, as

defined by ordinance, on any defendant convicted of a violation. The mayor may authorize that a

portion of court costs assessed be deposited into a special account and transmitted to the

Louisiana Association of Chiefs of Police to be used for law enforcement education and training

as required by state law. (R.S. 33:441(A)(1)) In addition, the mayor may impose additional court

costs not to exceed $20 for each offense, as defined by ordinance or traffic violation, on any

defendant convicted of a violation of a municipal ordinance, provided that $10 of such additional

court costs collected shall be remitted to the local public defender's office. (R.S. 33:441(A)(2) In

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addition, there are several laws which authorize specific mayor's courts to impose additional local

costs (See LOCAL PROVISIONS on page 45). Finally, the court is required by law to assess

additional costs due the state.

With regard to civil utility suits, upon adoption of municipal ordinance, and upon a finding

by the magistrate that a civil utility debt is owed and delinquent, the magistrate may impose court

costs against the debtor, not to exceed $35 for each civil suit. Costs received pursuant to this

authority shall be deposited into the municipal general fund. (R.S. 33:441(A)(5)(d))

Mayor may impose the statutory maximum cost and the board may not limit mayor's authority in

this respect. (AGO 97-118)]

A violator who requests his citation be amended to a nonmoving violation may not be charged an

“administrative fee” for the reduction. (AGO 11-0129)

Suspension of sentence; probation - When a defendant has been convicted of violation of

an ordinance, the mayor may suspend the imposition or the execution of the whole or any part of

the sentence and place the defendant on unsupervised probation upon such conditions as the

mayor may fix. The suspension of sentence and probation shall be for a period of six months or

such shorter period as the mayor may specify. However, in no case shall the probationary period

imposed exceed the maximum penalty of imprisonment that may be imposed for violation of a

particular ordinance. Further, the mayor may suspend the execution in whole or in part of a fine or

imprisonment, or both, imposed for violation of an ordinance and place the defendant on

unsupervised or supervised probation with such conditions as the mayor may fix and, at any time

during the probation, modify, add, or discharge. The probation shall be for a period as the mayor

shall specify up to one year. The mayor may terminate or revoke the probation at any time. At

the termination of the probation, the mayor may set the conviction aside and dismiss the

prosecution. (R.S. 33:441(A))

Immunity - The presiding officer of a mayor's court is entitled to judicial immunity for his

official acts as presiding officer in the same capacity as a judge in this state. (R.S. 33:441(D))

Appointed magistrates - The board may, upon request of the mayor, appoint one or more

attorneys to be designated as court magistrate to serve at the pleasure of the mayor and who may

from time to time be designated by the mayor to serve in his stead as the presiding official over

the mayor's court. Whenever the magistrate is so designated by the mayor to preside over the

mayor's court, he exercises the powers and authority of the mayor over the court. The board is to

fix and pay the salary of each magistrate. (R.S. 33:441(B)(1) The term court magistrate ends at

the time of the first regular board meeting succeeding each regular municipal election. (R.S.

33:386(D)) In addition, there are several laws authorizing appointment of magistrates for specific

mayor's courts. (See LOCAL PROVISIONS on page 45)

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Upon request of the mayor, the board shall appoint one or more attorneys who shall be

designated as a court magistrate to hear all civil utility debt suits. The board shall fix and pay the

salary of each such magistrate. (R.S. 33:441(A)(5)(c))

A magistrate does not have authority by law to perform marriage ceremonies. (AGO 06-219)

Appointed prosecutors - The board may, upon request of the mayor, appoint one or more

attorneys who shall be designated as prosecutor and who shall serve at the pleasure of the mayor.

The board is to fix and pay the salary of each prosecutor. (R.S. 33:441(B)(2))

The authority to reduce a moving violation to a nonmoving violation rests with the town attorney.

(AGO 11-0129)

The fine assessed for the original moving violation must be reduced to the fine assessed for the

nonmoving violation, in the event the town attorney elects to reduce the moving violation to a

nonmoving violation. (AGO 11-0129)

Docket - The mayor shall keep a regular docket, on which he shall enter the causes arising

under the ordinances and to be tried by him. He shall keep a perfect record of all cases tried.

(R.S. 33:442)

Sessions - The mayor may hold his court at any time. (R.S. 33:442)

Marshal - The marshal is to attend the court and serve its process and act as its executive

officer. (R.S. 33:442)

Collection and disposition of fines, forfeitures, penalties, and costs - Except in Lincoln

Parish, the mayor's court, or a private collection agency as authorized by contract with the

municipal governing authority, may collect all fines, forfeitures, penalties, and costs, and all funds

so collected are to be paid into the municipal treasury. The amount owed shall not be reduced if

collected by a private collection agency. (R.S. 13:1898(A))

The mayor's court may accept payment by credit card or electronic check for all fines,

forfeitures, penalties, and costs. The mayor's court shall collect a fee for processing the payments

in an amount that is reasonably related to the expense incurred by the court in processing the

payment by credit card, not to exceed five percent of the amount being paid. The fee is in addition

to the amount of fines, forfeitures, penalties, or costs. (R.S. 13:1898(C))

TAXES AND OTHER REVENUE

A. Ad Valorem Taxes

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The board may levy annually an ad valorem tax for general purposes not to exceed

seven mills on the dollar of assessed valuation. Millage rates may be increased in a

municipality when approved by a majority of the electors voting thereon in an election held

for that purpose. (Const. Art. VI, Sec. 27(A))

Funding for education - A municipality actually operating, maintaining, or supporting

a separate system of public schools, shall levy annually an ad valorem maintenance tax not

to exceed five mills on the dollar of assessed valuation on property subject to such taxation

within the municipality. (Const. Art. VIII, Sec. 13(C)(First) For giving additional support to

public elementary and secondary schools, a municipality which supports a separate city

system of public schools may levy an ad valorem tax for a specific purpose, when authorized

by a majority of the electors voting in an election held for that purpose. (Const. Art. VIII,

Sec. 8(C)(Third))

Assessment - The assessment of property for taxation is made by the clerk or tax collector,

by copying from the parish assessment rolls that portion which embraces property or persons

within the corporate limits. The copy may be made at any time after the assessment rolls are

approved, and all changes in the parish assessment thereafter made shall likewise be made in the

copy. The copy must be placed in the hands of the municipal tax collector, and be his warrant for

the collection of municipal taxes.

In all cases where persons or property have escaped taxation for a previous year, the clerk

shall assess the same for taxation, and his assessment, when approved by the mayor and board, on

notice to the person assessed, shall be binding and conclusive, unless appealed from within five

days after their approval.

Exemptions - The homestead exemption does not extend to municipal taxes, except

for municipal taxes levied for school purposes. (Const. Art. VII, Sec. 21(A)(9))

Municipal property tax exemptions specifically do apply to medical equipment leased

for a term exceeding five years to such a nonprofit corporation or association which owns or

operates a small, rural hospital and which uses the equipment solely for health care

purposes at the hospital, provided that the property shall be exempt only during the term of

the lease to such corporation or association, and further provided that "small, rural

hospital" shall mean a hospital which has less than fifty Medicare-licensed acute care beds

which is located in a municipality with a population of less than ten thousand which has

been classified as an area with a shortage of health manpower by the United States Health

Service. (Const. Art. VII, Sec. 21(B(1)(a))

Levy - The mayor and board shall levy the municipal taxes at the regular meeting in

September of each year, or, in case of failure to do so, at any other regular meeting thereafter.

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Collection - The tax collector is to collect municipal taxes during the time and in the same

manner and under the same penalties as the state and parish taxes are collected. He must, where

not otherwise provided, be governed by the general revenue laws of the state, so far as applicable,

in making such collection; but he is to make the required reports to the mayor and board, pay over

the money collected to the municipal treasurer; and receive only such commission or

compensation as may be allowed by ordinance.

Nonpayment - While there is no forfeiture of property for nonpayment of taxes. there

is a procedure for the sale of property on which taxes are due that have not been paid.

(Const. Art. VII, Sec. 25(A)(1)) The property sold shall be redeemable for three years after

the date of recordation of the tax sale, by paying the price given, including costs, five

percent penalty thereon, and interest at the rate of one percent per month until redemption.

(Const. Art. VII, Sec. 25(B)(1)) However, in any parish other than Orleans, when such

property sold is vacant residential or commercial property which has been declared

blighted, as defined by R.S. 33:1374(B)(1) on January 1, 2013, or abandoned, as defined by

R.S. 33:4720.59(D)(2) on January 1, 2013, it shall be redeemable for eighteen months after

the date of recordation of the tax sale. (Const. Art. VII, Sec. 25(B)(3)

Sales for the nonpayment of municipal taxes are made by the tax collector at such place,

within the corporate limits as the mayor and board may direct. The sale of real estate and the

distraint and sale of personal property shall be made upon the same notice, at the same time, and

in the same manner as provided by law for sale of like property for unpaid state and parish taxes.

The deed to the purchasers for lands so sold shall be filed with the parish clerk of court,

and remain subject to redemption for the same length of time, and in the same manner as

prescribed for the redemption of land sold for state and parish taxes.

Where lands are offered for sale for unpaid municipal taxes, and a person will not bid

therefor, the amount of taxes, damages, and costs due the same shall be struck off to the

municipality, and otherwise dealt with as lands which are sold to the state for delinquent state and

parish taxes. The board may pay the state and parish taxes on lands thus acquired by it, and

collect the money thus paid, with the damages and interest allowed individuals in similar cases

under the general revenue laws of the state, from the date of such payment, upon the redemption

of the lands from the municipal sale.

The deeds of the tax collectors to individuals and a list of the lands sold to the

municipality, which shall be made as required to be made by the state and parish collector, shall

be filed within 10 days after the tax sale, with the municipal clerk. Each shall have the same force

and effect, and confer the same right, and be entitled to the same remedies, as deeds and lists

made for delinquent taxes by the state and parish tax collector, but such title shall be subject to a

title acquired under a sale for state and parish taxes. (R.S. 33:461)

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B. Occupational License Tax

The board may impose an occupational license tax not greater than that imposed by

the state. (Const. Art. VI, Sec. 28)

C. Sales and Use Tax

The board may levy and collect a tax upon the sale at retail, the use, the lease or

rental, the consumption, and the storage for use or consumption, of tangible personal

property and on sales of services as defined by law, if approved by a majority of the electors

voting thereon in an election held for that purpose. The rate thereof, when combined with

the rate of all other sales and use taxes, exclusive of state sales and use taxes, levied and

collected within the municipality, shall not exceed three percent. (Const. Art. VI, Sec. 29(A))

However, the legislature, by general or by local or special law, may authorize the imposition

of additional sales and use taxes, if approved by a majority of the electors voting thereon in

an election held for that purpose. (Const Art. VI, Sec. 29(B))

D. Special Taxes

For the purpose of acquiring, constructing, improving, maintaining, or operating any

work of public improvement, a municipality may levy special taxes when authorized by a

majority of the electors in the municipality who vote thereon in an election held for that

purpose. (Const. Art. VI, Sec. 32)

E. General Obligation Bonds

Subject to approval by the State Bond Commission, general obligation bonds may be

issued only after authorization by a majority of the electors voting on the proposition at an

election in the municipality. (Const. Art. VI, Sec. 33(A))

The board shall levy and collect or cause to be levied and collected on all taxable

property in the municipality ad valorem taxes sufficient to pay principal and interest and

redemption premiums, if any, on such bonds as they mature. (Const. Art. VI, Sec. 33(B))

F. Certificates of Indebtedness

Certificates of indebtedness may be issued to cover the cost of any such public

improvement secured by the pledge of the local or special assessments levied therefor and

may be further secured by the pledge of the full faith and credit of the municipality. (Const.

Art. VI, Sec. 36(B))

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EXPENDITURES AND WARRANTS

All expenditures of money for any purpose whatever shall be in pursuance of a specific

appropriation made by order and in accordance with the Public Bid Law. Every warrant drawn on

the treasury shall express on its face to whom issued and for what purpose allowed; and the

ordinance authorizing its issue shall be cited by minute book and page, in or upon it. (R.S.

33:462)

Board has no duty to approve payment of bills by mayor. (AGO 89-90)]

Mayor may not expend municipal funds without a specific appropriation. (AGO 00-439)]

Once funds are budgeted and appropriated to police department pursuant to ordinance, authority

to allocate expenditure of these funds rests with elected chief of police. (Doyle v. City of

Harahan, App. 5 Cir. 1992, 610 So. 2d 272; AGO 99-406)

As all monies belonging to municipality are subject to control of the mayor and board, chief of

police is subject to municipal regulations concerning the issuance of purchase orders. (AGO 93-

75)

For enterprise funds to be spent by a Lawrason Act municipality the enterprise funds must be

approved and appropriated either through their annual budget process or pursuant to La. R.S.

33:462. (AG O 12-0074)

ANNUAL FINANCIAL STATEMENT

The mayor and board are to produce an annual municipal financial statement in

accordance with generally accepted accounting principles. The board's minutes must

acknowledge that the financial statements have been produced and are available for public

inspection. A copy of the annual financial statement must be transmitted to the legislative auditor

within six months of the close of the fiscal year. (R.S. 33:463)

GENERAL LAWS

Audit Laws (R.S. 24:511 et seq.) - The audit of the municipal fiscal records is

performed by legislative auditor as provided by law. (Const. Art. III, Sec. 11)

Civil Service Laws - The state civil service does not include persons holding offices

and positions of any municipality. (Const. Art. X, Sec. 1(A)) The legislature or a municipal

governing authority may establish a municipal civil service system as provided by law.

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However, paid firemen and paid municipal policemen in a municipality operating a

regularly paid fire and police department and having a population exceeding 13,000 are

expressly excluded from such a civil service system. No law enacted establishing a civil

service system applicable to one or more municipalities having a population of less than four

hundred thousand is effective until approved by ordinance adopted by the municipal

governing authority. (Const. Art. X, Sec. 15)

A system of classified fire and police civil service exists for all municipalities having a

population exceeding 13,000 and operating a regularly paid fire and municipal police

department. (Const. Art. X, Sec. 16)

Municipal civil service systems of a municipality having a population greater than

13,000 but fewer than 400,000 and operating a regularly paid fire and municipal police

department whether created by election, act of the legislature, or ordinance may not

include firemen and policemen in the system. (Const. Art. X, Sec. 19)

Fire and Police - There is a civil service system by law for municipalities which operate a

regularly paid fire and police department and have a population of not less than 13,000 nor more

than 250,000. (R.S. 33:2471 et seq.) Similarly, there is a civil service system by law for

municipalities having a population of not less than 7,000 and not more than 13,000. (R.S. 33:2531

et seq.)

Code of Governmental Ethics (R.S. 42:1101 et seq.) - The legislature shall enact a code

of ethics for all officials and employees including a municipality. (Const Art. X, Sec. 21)

Codification of Ordinances (R.S. 33:1361 et seq.) - By January 1, 1977, the municipal

governing authority had to have a code prepared containing all of its general ordinances.

All general ordinances adopted after the approval of the code are to be amendments or

additions to the code. Once the code is prepared, the governing authority is to make copies

available for public distribution. (Const. Art. VI, Sec. 10)

Fiscal Depository Law (R.S. 39:1211 et seq.)

Immunity - The municipality is not immune from suit and liability in contract or for

injury to person or property. (Const. Art. XII, Sec. 10(A)) In other suits, the legislature

may authorize suit against the municipality waiving immunity from suit and liability.

(Const. Art. XII, Sec. 10(B))

Local Government Budget Act (R.S. 13:1301 et seq.) - The board may amend the

proposed budget and attendant budget adoption instrument only to the extent that the amendments

do not substantially change the proposed budget or the attendant budget adoption instrument.

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(R.S. 39:1305(F)(2)) This restriction regarding amendments to the proposed budget does not

affect the provisions governing amendment of the adopted budget or the notice requirements of

the Act. The board shall adopt a budget amendment when it has received notice of a shortage or

overage in the adopted budget as contemplated by La. R.S. 39:1311(A). (AGO 19-0129)

Money Judgments Against Municipality - No judgment against the municipality is

exigible, payable, or paid except from funds appropriated therefor by the municipality.

(Const. Art. XII, Sec. 10(C))

Official Journal and Publications (R.S. 43:140 et seq.)

Open Meetings Law (R.S. 42:11 et seq.) - No person shall be denied the right to

observe the deliberations of public bodies, except in cases established by law. (Const. Art.

12, Sec. 3)

Public Bid Law (R.S. 38:2181 et seq.)

Public Records Law (R.S. 44:1 et seq.) - No person shall be denied the right to examine

public documents, except in cases established by law. (Const. Art. 12, Sec. 3)

When public entities, such as a municipality, contract with private entities for the performance of

public functions, and not merely services, the Public Records Law will likely apply to those public

duties undertaken by the private entity. New Orleans Bulldog Society v. Louisiana Society for the

Prevention of Cruelty to Animals, (La.) 222 So. 3d. 679.

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LOCAL PROVISIONS

Municipality Subject Matter

Albany - authority to appoint court magistrate (R.S. 33:441.22)

Addis - authority to appoint court magistrate (R.S. 33:441.16)

Amite City - appointment, discipline, and discharge of personnel by police chief (R.S.

33:423.17)

Athens - creates mayor's court (R.S. 33:457)

Anacoco - authorizes mayor to impose additional court costs (R.S. 33:447.14)

Basile - authorizes mayor to impose additional court costs (R.S. 33:447.8)

Benton - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Berwick - authorizes appointment of court magistrate (R.S. 33:445)

Bienville - authorizes election to abolish office of chief of police (R.S. 33:381(C)(28))

Blanchard - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Boyce - chief of police authorized to effect disciplinary action on police personnel without

approval of municipal governing authority. (R.S. 33:423(C)(1)(b))

chief of police authorized to appoint police personnel, including authority to make

provisional appointments, subject to budgetary limitations of chief pertaining to

the number of allotted positions for police department, subject to mayor's

concurrence. (R.S. 33:423(C)(2)(b))

Broussard - authority to appoint court magistrate (R.S. 33:441.26)

discipline of personnel by chief of police (R.S. 33:423.15)

Brusly - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Carencro - discipline of personnel by chief of police (R.S. 33:423.16)

Castor - authority for appointed chief of police (R.S. 33:381(C)(9))

Central - creates mayor's court (R.S. 33:453)

authority to appoint court magistrate (R.S. 33:441.31)

Cheneyville - appointed chief of police (R.S. 33:381(C)(19))

Clarks - creates mayor's court (R.S. 33:451)

Clinton - authorizes mayor to impose additional court costs (R.S. 33:447.3)

Creola - creates mayor's court (R.S. 33:456)

Crowley - appoint, discipline, and discharge of personnel by chief of police subject to budget

(R.S. 33:423.9)

Cottonport - authority to appoint court magistrate (R.S. 33:441.8)

Delcambre - authority to appoint court magistrate (R.S. 3:441.3)

authorizes mayor to impose additional court costs (R.S. 33:447.2)

Denham Springs - exception to having tax collector (R.S. 33:381(D(2) and R.S. 33:461(C)(2))

DeQuincy - authority to appoint court magistrate (R.S. 33:441.15)

authorizes mayor to impose additional court costs (R.S. 33:447.1)

authorizes mayor to appoint one or more attorneys as magistrate (R.S. 33:441.15)

Dry Prong - appointed chief of police (R.S. 33:381(C)(27))

Duson - appointed chief of police (R.S. 33:381(C)(29))

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Municipality Subject Matter

Elizabeth - creates mayor's court (R.S. 33:455)

Elton - authorizes mayor to impose additional court costs (R.S. 33:447.5)

Erath - permits alderman to enter into contracts with town (R.S. 33:385(C))

authority to appoint court magistrate (R.S. 33:441.9)

authorizes mayor to impose additional court costs (R.S. 33:447.2)

Eunice - appointment, discipline, and discharge of personnel by police chief (R.S.

33:423.27)

Evergreen - authority to appoint court magistrate (R.S. 33:452)

authority to appoint court magistrate (R.S. 33:441.30)

Ferriday - authority to appoint court magistrate (R.S. 33:441.14)

Forest - creates mayor's court (R.S. 33:447)

Golden Meadow - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Goldona - provides for election to abolish office of chief of police upon recommendation

of mayor (R.S. 33:381(C)(32))

Gonzales - appointment, discipline, & discharge of personnel by police chief (R.S. 33:423.8)

Grambling - appointed chief of police (R.S. 33:381(C)(23))

Gramercy - authority to appoint court magistrate (R.S. 33:441.29)

additional costs in mayor’s court (R.S. 33:447.7)

Grand Cane - appointed chief of police and authorizes board of aldermen, on mayor's

recommendation, to abolish office. (R.S. 33:381(C)(17))

Grand Isle - appointment, discipline, & discharge of personnel by police chief (R.S. 33:423.13)

Greenwood - authority to appoint chief of police (R.S. 33:381(C)(22))

authorizes mayor to impose additional court costs (R.S. 33:447.2)

Gretna - appointment and discharge of personnel by chief of police (R.S. 33:423.3)

authority to appoint court magistrate (R.S. 33:441.20)

Gueydan - restrictions on compensation increases for officials and employees. (R.S. 33:364)

permits nonresident to be elected chief of police, but must be resident of

Ward Eight of Vermilion Parish (R.S. 33:385.1(A))

Harahan - authority to enact term limits for officials (R.S. 33:383.1)

appointment and discharge of personnel by chief of police (R.S. 33:423.2)

authority to appoint court magistrate (R.S. 33:443)

Heflin - establishes mayor’s court (R.S. 33:449)

Hessmer - authority to appoint court magistrate (R.S. 33:441.23)

Homer - appointment, discipline, & discharge of personnel by police chief (R.S. 33:423.28)

Hosston - creates mayor's court (R.S. 33:454)

Ida- creates mayor's court (R.S. 33:441.32)

Independence - appointment and discharge of personnel by chief of police (R.S. 33:423.21)

Iowa - authority to appoint court magistrate (R.S. 33:441.11)

discipline of personnel by chief of police (R.S. 33:423.12)

The Lawrason Act October 2020

Municipality Subject Matter

Jamestown - authority for appointed chief of police (R.S. 33:381(C)(8))

Jean Lafitte - authority to appoint court magistrate (R.S. 33:441.2)

authority to appoint chief of police (R.S. 33:381(C)(30))

authorizes mayor to impose additional court costs (R.S. 33:447.2)

Jena - authority to appoint court magistrate (R.S. 33:441.25)

Jonesboro - authority to appoint court magistrate (R.S. 33:441.19)

name town hall (R.S. 33:365)

Jonesville - authority for mayor pro tempore to preside in court (R.S. 33:441.4)

Kaplan - authority over personnel by police chief (R.S. 33:423.24)

Kenner - authority to appoint court magistrates (R.S. 33:441.1(A))

authority to institute prosecution by affidavit or information (R.S. 33:441.1(B))

authorizes clerk of court to use electronic signature or facsimile signature

of prosecuting attorney to bills of information (R.S. 33:441.1(B)(3))

creates and provides for animal hearing officer (R.S. 33:441.1(C))

authorizes mayor to impose additional court costs (R.S. 33:447.15)

Kinder - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Lake Charles - authorizes proration of ad valorem taxes on annexed property

(R.S. 33:461(A)(1)(b))

Lecompte - appointed chief of police (R.S. 33:381(C)(18))

Lisbon - appointed chief of police (R.S. 33:381(C)(26))

Livingston - discipline of personnel by chief of police (R.S. 33:423.18)

authorizes mayor to impose additional court costs (R.S. 33:447.16)

Lockport - authority to appoint court magistrate (R.S. 33:441.10)

authorizes mayor to impose additional court costs (R.S. 33:447.10)

Logansport - authority to appoint chief of police (R.S. 33:381(C)(2))

Longstreet - authority to appoint chief of police (R.S. 33:381(C)(21))

Loreauville - appointed chief of police (R.S. 33:381(C)(11))

authority to appoint court magistrate (R.S. 33:441.21)

Lutcher - authority to appoint court magistrate (R.S. 33:441.28)

additional costs in mayor’s court (R.S. 33:447.6)

Mandeville - law enforcement jurisdiction of governing authority (R.S. 33:423.1)

Mansura - authority to appoint court magistrate (R.S. 33:441.7)

Maurice - permits nonresident to be elected chief of police (R.S. 33:385.1(A))

authority to appoint court magistrate (R.S. 33:441.5)

McNary - authority to appoint chief of police or abolish the office (R.S. 33:381(C)(20))

Moreauville - appointed chief of police (R.S. 33:381(C)(10))

Napoleonville - authority for appointed chief of police (R.S. 33:381(C)(3))

exception to qualifications for elected chief of police (R.S. 33:385.1)

New Llano - creates mayor's court (R.S. 33:448)

authorizes mayor to impose additional court costs (R.S. 33:448(D))

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Municipality Subject Matter

New Roads - authority to appoint court magistrate (R.S. 33:441.27)

Norwood - appointed chief of police (R.S. 33:381(C)(6))

Oak Grove - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Oak Ridge - appointed chief of police (R.S. 33:381(C)(12))

Oakdale - special election for elected chief of police. (R.S. 33:381(C)(1))

Oil City - appointed chief of police (R.S. 33:381(C)(15))

Opelousas - appointment, discipline, & discharge of personnel by police chief (R.S. 33:423.29)

Palmetto - academic scholarships. (R.S. 33:363)

Patterson - appointment and discharge of personnel by chief of police (R.S. 33:423.7)

authority to appoint court magistrate (R.S. 33:446)

Pearl River - appointment and discharge of personnel by chief of police (R.S. 33:423.22)

authorizes ordinance setting term limits by election (R.S. 33:383.3)

Plaucheville- appointed chief of police (R.S. 33:381(C)(5))

Ponchatoula- authority of chief of police over personnel (R.S. 33:423.19)

Port Barre - authorizes mayor to impose additional court costs (R.S. 33:447.2)

Port Vincent - appointed chief of police. (R.S. 33:381(C)(1))

Rayne - appointment, discipline, discharge of personnel by police chief (R.S. 33:423.26)

Richwood - appointed chief of police (R.S. 33:381(C)(4))

exception to having tax collector (R.S. 33:381(D)(1) and R.S. 33:461(C)(1))

authorizes mayor to impose additional court costs (R.S. 33:447.2)

Rodessa - appointed chief of police (R.S. 33:381(C)(16))

Rosepine - authorizes mayor to impose additional court costs (R.S. 33:447.13)

St. Francisville - appointed chief of police (R.S. 33:381(C)(7))

St. Gabriel - creates mayor’s court (R.S. 33:450)

St. Joseph - appointed chief of police. (R.S. 33:381(C)(1)

Scott - discipline of personnel by chief of police (R.S. 33:423.5)

Shongaloo - authority to appoint chief of police (R.S. 33:381(C)(13))

Sikes - authority to appoint chief of police (R.S. 33:381(C)(25))

Simmesport - authority to appoint court magistrate (R.S. 33:441.18)

authorizes mayor to impose additional court costs (R.S. 33:447.2)

authority for appointed chief of police (R.S. 33:381(C)(31))

Sorrento - authority to abolish chief of police by election (R.S. 381(C)(33))

South Mansfield - appointed chief of police (R.S. 33:381(C)(14))

Sterlington - exception to having tax collector (R.S. 33:381(D)(1))

authorizes mayor to impose additional court costs (R.S. 33:447.9)

Stonewall - authorizes board of aldermen, on mayor's recommendation, to abolish office (R.S.

33:381(C)(34))

Tickfaw - authority of chief of police over personnel (R.S. 33:423.10)

Ville Platte - discipline of personnel by chief of police (R.S. 33:423.4)

The Lawrason Act October 2020

Municipality Subject Matter

Vinton - authorizes mayor to impose additional court costs (R.S. 33:447.4)

Walker - authority to appoint court magistrate (R.S. 33:441.6)

Waterproof - appointed chief of police (R.S. 33:381(C)(1)

Welsh - authority to appoint court magistrate (R.S. 33:441.12)

discipline of personnel by police chief (R.S. 33:423.25)

Westlake - authority to appoint court magistrate (R.S. 33:441.13)

grants jurisdiction over collection of utility accounts (R.S. 441.13)

Westwego - appointment and discharge of personnel by chief of police (R.S. 33:423.6)

authority to appoint court magistrate (R.S. 33:444)

property taxes due on March 31st (R.S. 33:461(A)(4)(b)

duties of assistant chief of police determined by chief of police, and assistant chief

acts as chief in the administration of the police department in the absence of the

police chief. (R.S. 33:423.14)

White Castle - authority to appoint court magistrate (R.S. 33:441.17)

appointment and discharge of personnel by chief of police (R.S. 33:423.20)

authorizes mayor to impose additional court costs (R.S. 33:447.2)

Winnfield - discipline of personnel by police chief (R.S. 33:423.11)

Woodworth - appointed chief of police (R.S. 33:381(C)(24))

Youngsville - authority to appoint court magistrate (R.S. 33:441.24)

discipline of personnel by police chief (R.S. 33:423.23)

OTHER RESOURCES

The Legislative Auditor's website (lla.la.gov) has a number of documents providing answers to

frequently asked questions (FAQs). Once on the website, click "FAQs", then click "Legal

Assistance FAQs". On the left column, click "FAQs A-Z" which will list the subject matter

documents available including Audit law, Banking law, Cooperative Endeavors, Lawrason Act,

Local Government Budget Act, Mayor's Court, Open Meetings Law, Public Bid Law, Public

Records Law, Records Retention, Surplus Movable Property, and Traffic Citations.