Judges: RICHARD P. IEYOUB
Filed Date: 5/9/2002
Status: Precedential
Modified Date: 7/5/2016
Dear Mayor Cox:
This office is in receipt of your request for an opinion of the Attorney General in regard to failure of a quorum of the Board of Aldermen to attend Town meetings. You indicate a special meeting was called for January 29, 2002 with the agenda timely posted, provided to the media and delivered to each alderman, but only two of the five aldermen appeared. The meeting was then reset for January 31, and again only two aldermen appeared, whereupon the meeting was reset for February 7. On this date the meeting had only two aldermen in attendance, and had to be called for lack of a quorum.
You ask what are the necessary steps needed to be taken to resolve this situation by obtaining three new aldermen who are interested in serving and providing a quorum for the conduct of the Town Business.
This office has noted that a public officer who does not perform his duty can be liable for malfeasance, Atty. Gen. Ops. 01-53, 93-541. R.S.
Malfeasance in office is committed when any public officer or public employee shall:
(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or
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Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.
Whoever commits the crime of malfeasance in office shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars or both.
In Attorney General Opinion of 1960-62, Page 311, it was observed that while no statute was found that penalized a school board member for failure to attend meetings, continued absence over a considerable period of time would constitute grounds for removal from office. It was then noted that in R.S.
In response to a similar question in regard to a Chief of Police, this office concluded in Atty. Gen. Op. 00-51 if he fails to perform his duty as a public official, the remedy to remove him from office would be by recall election or by filing charges for malfeasance in office. With regard to a recall election it was noted qualified electors have to petition for a recall election under R.S.
Wherein R.S.
We hope this sufficiently answers your inquiry.
Very truly yours,
RICHARD P. IEYOUB Attorney General
By: ____________________________ BARBARA B. RUTLEDGE Assistant Attorney General
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