Judges: RICHARD P. IEYOUB
Filed Date: 2/16/1995
Status: Precedential
Modified Date: 7/5/2016
Dear Dr. Falterman:
This office is in receipt of your request for an opinion of the Attorney General in regard to activities and salaries for your investigators who are trained in law enforcement and emergency medicine. You indicate one of the physicians who was a deputy coroner resigned and you have not been able to find a replacement. Accordingly, you have deputized the three investigators, and while they are not physicians, they are experts in investigative techniques. You also point our Iberia Parish Council has established a salary of $30,000 per year for the coroner, $12,000 for deputy coroners, and $9,600 for investigators.
You ask the following questions:
1. Can these investigators conduct interviews, fill papers and sign the order for protective custody which will enable you to efficiently serve the mental health people in the parish, and;
2. Can you charge the municipalities a $50 fee for investigation of a death, including the issuance of the necessary papers, and a $50 fee for viewing the bodies as stated in R.S. 33:556 in order to increase the salary of the deputy coroners and investigators where the Parish government is responsible for the salaries.
R.S.
In Atty. Gen. Op. No. 90-105 in answer to the question if a Parish Coroner, who was a certified medical doctor, could appoint an assistant coroner who was not a medical doctor, this office recognized by the constitution and statutes a lay person can serve as coroner only if no licensed physician will accept the office, and it was reasoned if the assistant or deputy coroner must possess the same qualifications as the coroner, then only in extraordinary circumstances where no licensed physician accepts the office thereby requiring that a layman serves as coroner that a layman can serve as deputy or assistant coroner.
In answer to the question if an assistant coroner who was not a certified medical doctor could "sign all forms for examinations, commitment, emergency certificates, etc., that the coroner has", it was further concluded a layman assistant or deputy coroner does not have legal authority to sign such legal process when the coroner himself is a medical doctor.
It would follow if the layman assistant coroner cannot sign these necessary forms than the investigators cannot sign the order for protective custody. This is consistent with the directives of R.S.
You ask in your second question if you can charge the suggested $50 fee for the investigation and issuance of the necessary papers, and the $50 fee for viewing bodies to the municipalities when the service occurs within a municipality. We feel the answer to your question is controlled by R.S.
Lowry filed suit against the parish and city to collect the statutory fee and reimbursement for necessary expenses in connection with his investigation of certain deaths in the City, acknowledging that the Parish Police Jury did not owe him any fees. Beginning Jan. 1, 1980 the coroner was placed on a salary from Allen Parish Police Jury. The court found the general provisions pertaining to the coroner's collection of fees and necessary expenses was embodied in R.S.
In answer to your second question, we believe we must follow this court's conclusion which denied the coroner recovery from the city.
However, as recognized in the Lowry case, R.S.
We hope this sufficiently answers your questions, but if we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
By: ___________________________ BARBARA B. RUTLEDGE Assistant Attorney General
BBR