Judges: RICHARD P. IEYOUB
Filed Date: 4/22/1993
Status: Precedential
Modified Date: 7/5/2016
Dear Mayor Saia:
This office is in receipt of your opinion request directed to Attorney General Richard P. Ieyoub. The request has been assigned to me for review.
In your request, you raise the issue of the legality of your elected Chief of Police simultaneously holding other private employment in a shipyard located twelve miles from Lockport.
LSA-R.S.
"A. The marshal shall be the chief of police and shall be ex officio a constable. He shall have general responsibility for law enforcement in the municipality, and shall be charged with the enforcement of all ordinances within the municipality and all applicable state laws. He shall perform all other duties required of him by ordinance. In those municipalities governed by the provisions of this Part, R.S.
33:321 et seq., which have a chief of police elected by the qualified voters thereof, he shall make recommendations to the mayor and board of aldermen for appointment of police personnel, for the promotion of officers, to effect disciplinary action, and for dismissal of police personnel. Such nominations or recommendations are to be made regardless of race, color, or creed."
Citing LSA-R.S.
Further, we find nothing in the statutes which would prohibit him from engaging in private employment in his off-duty hours. Neither do we find any authority for the board of aldermen to impose disciplinary action against this elected official for his current failure to devote his entire time to this position.
Note that LSA-R.S.
Should you have further inquiries in which we may be of assistance, please contact this office.
Very truly yours,
RICHARD P. IEYOUB Attorney General
BY: KERRY L. KILPATRICK Assistant Attorney General
RPI/KLK/0236E