Could a Louisiana home rule charter reduce an elected parish official's pay during the official's term?

Plain-English summary

A legislator asked whether two earlier AG opinions conflicted about cutting elected parish officials' pay after adoption of a home rule charter. The Attorney General said they did not. Both applied the rule that compensation could not be reduced during an official's current term but could be reduced when a new term began.

One prior opinion involved a charter that expressly kept police jurors in office until the first parish president took office; at that transition, the police juror positions were abolished and council member positions began under the charter. The AG treated that factual transition as explaining the different presentation, while acknowledging the earlier opinion did not show precisely when the prior term ended.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a charter cut a police juror's pay midterm?
The AG said the constitutional rule prevented a reduction during the existing elected term.

When could the lower compensation take effect?
At the beginning of a new term, according to the two prior opinions the AG reconciled.

Why did the two prior opinions appear different?
One involved a charter transition from police juror positions to council member positions; the AG said their underlying term-based rule was the same.

Background and statutory framework

The request sought clarification of Opinions 98-85 and 99-331. The AG compared the charter transition and elected terms in those matters against La. Const. Art. 6, Sec. 12's protection of compensation during a term.

Citations and references

• La. Const. Art. 6, Sec. 12: constitutional compensation rule described in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0120

Original opinion text

May 11, 2000
OPINION 00-120

Hon. Ben W. Nevens
State Representative
District 75
511 Industrial Parkway
Bogalusa, LA 70427

Dear Representative Nevens:

This office is in receipt of your request for an opinion of the Attorney General in regard to the clarification of two prior opinions of this office, Atty. Gen. Op. Nos. 98-85 and 99-331. It is felt the clarification is necessary, as it appears that these opinions are in conflict with one another.

In Atty. Gen. Op. No. 99-331 this office observed that La. Const., Art. 6. Sec. 12 prohibits reduction of compensation of an elected official during his term of office. While the election as police juror was in October, 1995 the Parish adopted a Home Rule Charter form of government which reduced the compensation of elected officials from $800 to
$600 a month. It was concluded reduction of salary was not permitted during the first term of office, but when the new term began it became legal for their compensation to be reduced.

We find no conflict with this reasoning and the conclusions of Atty. Gen. Op. No. 98-85. A distinction can be made factually, but the legal conclusions remain the same that it becomes legal for the compensation of an elected official to be reduced when the new term begins.

In Atty. Gen. Op. 98-85 it was particularly recognized that the Home Rule Charter had a provision for transition that specified the police jurors in office would continue to serve as police jurors until the first Parish President assumed office. It was found at that time the position as police juror was abolished, and under the Charter the police jurors became council members. It was concluded as council members they were subject to the reduced compensation as set forth in the charter.

Consequently, it appears both opinions found when the new term began their

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Hon. Ben W. Nevens
Opinion 00-120
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compensation could be reduced, and under the specific provisions of the Charter involved in Atty. Gen. Op. No. 98-85 it specified they remained as police jurors until a Parish President was sworn in. There is nothing to show when the term as police jurors ended and a new term began in the latter opinion.

We hope this clarifies the issue, 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

RPI/bbr

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Hon. Ben W. Nevens
Opinion 00-120
Page 3

OPINION 00-120

La. Const. Art. 6, Sec. 12
77 - Officers - Local & Municipal

The compensation of an elected
official can only be reduced
when a new term begins.

Hon Ben W. Nevens
State Representative
District 75
511 Industrial Parkway
Bogalusa, LA 70427

Date Received: March 20, 2000
Date Released: May 11, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General