Judges: RICHARD P. IEYOUB
Filed Date: 3/25/2004
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Bennett:
You have submitted two questions to this office for review, specifically, (1) may the fire chief be a member of the fire district board, and (2) may an alderman serve on the fire district board?
In response to your first question, the fire chief, who holds a position of employment with the fire protection district, may not also serve on the board which governs that district. In other words, he may not legally serve as a member of the board which employs him. These facts invoke application of the incompatibility provisions of R.S.
A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers.
(4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.
(6) Funds received by one office or employment are deposited with or turned over to the other office or position.
In response to your second question, an alderman of the Town of Jonesville may only serve on the board if he is appointed by the parish governing authority. The Catahoula Fire Protection District No. 1 is a political subdivision of the state, and a creature of the police jury. See R.S.
(4) In any case where three or more municipalities are included within the boundaries of a district lying within a single parish, the parish governing authority shall appoint two members and the governing authority of each municipality shall appoint one member notwithstanding the provisions of Subsection A herein. The members so appointed shall elect the chairman of the board.
As the statute dictates, the Town of Jonesville appoints one member, while the parish governing authority appoints two members to the board. The appointment of an alderman by the municipality to the board invokes the incompatibility provisions of R.S.
A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:
(1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other, except that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them and over which they exercise general powers as provided in Article
VI , Section15 of the Constitution of Louisiana . . . (Emphasis added).
The exception of R.S.
Thus, an alderman may not be appointed by the board of aldermen to serve because of the prohibition of R.S.
Very truly yours, CHARLES C. FOTI, JR. ATTORNEY GENERAL
BY: ____________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL
OPINION NUMBER 02-0017
February 26, 2002
78 DUAL OFFICEHOLDING R.S.
Mayor may serve as part-time appointed commissioner of fire protection district board, if he is appointed by the parish governing authority.
Honorable James T. Fontenot Mayor 372 Mission Drive Post Office Box 145 Simmesport, LA 71369