Could a Louisiana police chief appoint an unpaid reserve officer without aldermen approval?

Plain-English summary

Gramercy's police chief asked whether he could issue an unpaid special deputy commission without the board of aldermen's approval. The AG distinguished two roles. A trained reserve or auxiliary officer with policing authority was police personnel and required board approval on the chief's recommendation. A person receiving only an honorary commission had no police duties or authority, so the chief could issue that recognition as part of office operations.

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

Did lack of pay remove the need for board approval?
No. The AG said even an unpaid reserve officer with police powers required approval.

Could an honorary commission card give a private citizen police authority?
No. The opinion said the honorary recipient remained a private citizen without police powers.

Did the chief need board approval for the honorary card?
The AG said no, because issuing a card with no police authority was part of day to day operation of the chief's office.

Background and statutory framework

The opinion quoted R.S. 33:2201(10)'s reserve officer definition and relied on R.S. 33:423 for the board's authority over police hiring on the elected chief's recommendation. It treated a purely honorary card differently because the holder did not become police personnel.

Citations and references

• R.S. 33:2201(10): reserve or auxiliary officer definition.
• R.S. 33:423: police personnel appointment process.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0159

Original opinion text

June 13, 2000
OPINION 00-159

Mr. Kenny P. Poche
Chief of Police
Town of Gramercy
120 North Montz Ave.
Gramercy, La. 70052

Dear Chief Poche:

This office is in receipt of your request for an opinion of the Attorney General in regard to issuance of a Special Commission as Deputy by the Chief of Police. You ask whether the elected Chief of Police can issue a Special Commission without the approval of the Board of Alderman to appoint someone as a Special Deputy who would not receive a salary.

Pursuant to our telephone conversation we have been informed that you are interested in both an honorary commission for an individual who will have no law enforcement powers as well as a special deputy who is trained and has law enforcement power.

This office has recognized that reserve or auxiliary officers have the same authority as an ordinary peace officer, and those who have completed training may carry concealed firearms when "in the actual discharge of official duties subject to the regulations of the law enforcement agencies with which they are affiliated." Atty. Gen. Op. Nos. 95-143, 93-

826. In Atty. Gen. Op. No. 95-143 the provisions of R.S. 33:2201(10) were quoted as
     follows:

(10) ..... a reserve or auxiliary law enforcement officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as an agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.

Therefore, in regard to an auxiliary law enforcement officer, whether compensated or not, we must conclude the appointment must have the approval of the Board of Aldermen as other police personnel. It is well settled in accordance with R.S. 33:423 that only the board of alderman may hire or fire police personnel upon the recommendation of the elected Chief of Police.

Page 2

Moreover, it has been noted that a special police officer using unnecessary or excessive force or unlawful use of police powers by a special police officer during the performance of his duty rendered the municipality as employer liable for resulting injuries or damage. Atty. Gen. Op. No. 77-1160.

We find that an individual with an honorary commission is distinguishable from the auxiliary or reserve officer inasmuch as the former does not have any law enforcement authority, no police department duties, and cannot be considered as police personnel.

In Atty. Gen. Op. 95-143 this office responded to a request concerning the authority extended to private citizens by issuance of "commission cards" by local law enforcement agencies. Therein it was observed that there was no statutory definition of the phrase "commission card" and no specific authority for the issuance of such a card. However, it was concluded an individual does not have police authority notwithstanding the fact that a commission card may have been issued to him. A private citizen does not have the same authority as a law enforcement officer.

Consequently, we find that the issuance of a commission card to an individual as an honorary gesture does not need the approval of the Board of Alderman inasmuch as the elected chief of police is the final authority in the day-to-day operation of his office and equipment. We do not find that an individual with an honorary commission is an employee of the police department, and the issuance of the commission is an act in the day-to-day operation of the police department which does not need approval by the Board of Aldermen.

We hope this sufficiently answers your inquiry, 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

Page 3

OPINION 00-159
60 - Law Officers
77 - Officers
R.S. 33:2201

The issuance by the Chief of
Police of a commission as an
honorary gesture does not need
approval of the Board of Aldermen,
but for an uncompensated reserve
officer you must have approval.

Mr. Kenny P. Poche
Chief of Police
Town of Gramercy
120 North Montz Ave.
Gramercy, LA 70052

Date Received: April 12, 2000
Date Released: June 13, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General