Judges: RICHARD P. IEYOUB
Filed Date: 7/20/2004
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Voinche:
This office is in receipt of your request for an opinion of the Attorney General in regard to state supplemental pay, and you indicate you represent the people of Ward 2 of Marksville as their marshal, work for the City Court, and have been in law enforcement for five years. You point out that your duties are to serve evictions, garnishment of wages, civil papers, criminal papers, subpoenas for court, seize property (vehicles etc.). Further you point out that the Constable and Justice of the Peace receive a state check. Accordingly, you feel as an elected official you should qualify for state supplemental pay.
We note that R.S.
Therein Section (C) sets forth those municipal police officers entitled to additional pay out of state funds, and provides in C(8)(c) as follows:.
Notwithstanding any other provisions of this Section to the contrary, any person who is sworn in as an elected marshal of a municipality or tribe on January 1, 1997, or thereafter, shall, immediately upon taking office, be eligible to receive such supplemental compensation as provided by Subsection A of this Section, if such person meets the Post certification requirements provided by R.S.
40:2405 . The effective date for beginning such supplemental compensation shall be the date on which such person is sworn into office, if the certification requirements have been completed within the periods stipulated in R.S.40:2405 (A) or (E). (Emphasis added.)
Pursuant to our inquiry, in order to determine whether you fall within the provisions of the above cited statute, you indicated you took office on Jan. 1, 2003 as the elected Ward 2 Marshal for the City Court but you are not Post certified as a duly commissioned law enforcement officer.
We note that R.S.
We further find that Title 13, Courts and Judicial Procedure, Chapter 7, City Courts, Part I, City and Municipal Courts, New Orleans Excepted, sets forth in R.S.
A. The marshal is the executive officer of the court; he shall execute the orders and mandates of the court and in the execution thereof, and in making arrests and preserving the peace, he has the same powers and authority of a sheriff.
B. The marshal may appoint one or more deputy marshals having the same power and duty as the marshal, but the marshal shall be responsible for their actions. * * * .
However, despite this authority, we must conclude inasmuch as you are not Post certified you would not be eligible for supplemental state pay.
Wherein you point out that Constables and Justice of the Peace receive a check from the state, it must be recognized there are certain mandates that must be fulfilled in order for them to receive a check from the state. R.S.
In this regard this office observed in Atty. Gen. Op. 03-272 that it is clear from the language "that it is mandatory for the justice of the peace and constables to take the training course" and "a failure to take the required course will result in nonpayment of both compensation from his or her respective parish and the state supplemental pay."
We hope this sufficiently answers your inquiry as to the requirement necessary for you to receive state supplemental pay.
Very truly yours,
CHARLES C. FOTI, JR. ATTORNEY GENERAL
By: __________________________ BARBARA B. RUTLEDGE Assistant Attorney General
CCF/bbr