Who could hire or dismiss a deputy marshal under the Town of Jackson's charter?

Plain-English summary

Jackson's mayor asked whether the town's Board of Trustees or its marshal had final authority to dismiss deputy marshals. The attorney general's office concluded in 2000 that the board had the ultimate authority to approve and terminate deputies, but the marshal had to recommend the personnel action first.

The office based its answer on a town charter provision requiring board approval of deputies whom the marshal submitted. It read the same division of roles into dismissals: the marshal proposed a termination, and the mayor and trustees made the final decision. The opinion said the board could not make those hiring and firing decisions unilaterally.

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.

Jackson's mayor and trustees at the time

The opinion gave the mayor and board final approval or termination authority over deputy marshals. It said that authority followed a recommendation from the marshal.

The town marshal at the time

The office said the marshal had to submit proposed deputies and recommend proposed dismissals before the board could act. It did not give the marshal the final hiring or termination decision.

Deputy marshals at the time

The opinion described a two-part process for personnel decisions: a marshal's proposal followed by the mayor and board's approval or termination decision.

Common questions

Q: Could Jackson's board dismiss a deputy marshal without the marshal's recommendation?
A: The 2000 opinion said no. It read the charter as requiring the marshal to propose the termination first.

Q: Did the marshal alone have final authority to hire a deputy?
A: No. The opinion said the marshal submitted proposed deputies, while the mayor and board gave final approval.

Q: Why did the opinion treat hiring and dismissal alike?
A: It reasoned from the charter's appointment process that the marshal's recommendation and board's final decision applied to both actions.

Background and statutory framework

The opinion examined the Town of Jackson Code, Charter, and Bylaws. It said no provision directly assigned termination authority, but Ordinance No. 136, codified as Section 7 (D) of the town's Articles of Incorporation, gave the mayor and trustees approval power over deputies proposed by the marshal. The office extended that allocation of roles to terminations.

Citations and references

• Ordinance No. 136, Section 7 (D) of the Town of Jackson Articles of Incorporation (local provision quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0270

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

September 19, 2000
OPINION NUMBER 00-270

Mayor Charles E. Coleman 71-1 MUNICIPALITIES – Special Charters
P.O. Box 1150
1610 Charter Street
The Board of Trustees of the Town of Jackson has the ultimate
authority to approve and terminate deputy marshals, but the Marshal
Jackson, Louisiana 70748
must first propose the approval or termination.

Dear Mayor Coleman:

We are in receipt of your request for an Attorney General’s Opinion regarding the authority of the Mayor/Board of Trustees and the Marshal of the Town of Jackson. Specifically, you ask whether the Board of Trustees or the Marshal possess the ultimate authority to terminate deputy marshals employed in the Marshal’s department.

Upon examination of the Town of Jackson Code, Charter, and Bylaws, it is revealed that there is no provision directly on point that specifically delineates the power to terminate deputy marshals. However, the provision tantamount to your inquiry is Ordinance No. 136, codified as Section 7 (D) of the Articles of Incorporation in the Town of Jackson Charter. This section provides for the approval of deputies by the Mayor and Board of Trustees upon the submission of proposed names submitted by the Marshal. Specifically, Section 7 (D) states in pertinent part:

The Mayor and Board of Trustees shall:

(3) Approve any deputies to serve under the Marshal…reserving the right to reject any proposed deputies who do not meet their approval.

The Town of Jackson Code is clear in vesting the power to approve deputies in the Board of Trustees. It should be first noted that the language of the charter specifies that the Mayor and Board of Trustees must “approve” deputies to serve under the Marshal, not “appoint” deputies to serve under the Marshal. The use of this language is a clear indication that the Mayor and Board of Trustees may not act unilaterally in the hiring of a deputy marshal. Although the Mayor and Board of Trustees have the ultimate authority in hiring deputy marshals via their approval, the Marshal must first submit the names.

Synonymous to this notion of recommending and approving for hiring is the concept of recommending and approving for termination. The right granted to the Marshal to make recommendations for the approval of deputy marshals also comes with it the right to make recommendations for terminations. Likewise, the power granted to the Mayor and

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Board of Trustees to ultimately approve deputies recommended by the Marshal for hiring, comes with it the power to ultimately terminate deputies recommended by the Marshal for termination. Therefore, the Board of Trustees has the ultimate authority to approve and terminate deputy marshals, but the Marshal must first make a recommendation for the approval or termination.

In summary, it is the opinion of this office that the Mayor and Board of Trustees of the Town of Jackson has the ultimate authority not only to approve but also to terminate deputy marshals employed in the Marshal’s department. However, it is the Marshal that must first make recommendations in either instance in order to effectuate an approval or rejection made by the Board of Trustees.

We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

Very truly yours,

RICHARD P. IEYOUB
Attorney General

BY: _________
ANDREW D. BENTON
Assistant Attorney General

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OPINION NUMBER 00-270
Syllabus

71-1 MUNICIPALITIES – Special Charters

The Board of Trustees of the Town of Jackson has the ultimate authority to approve and terminate deputy marshals, but the Marshal must first propose the approval or termination.

Mayor Charles E. Coleman
P.O. Box 1150
1610 Charter Street
Jackson, Louisiana 70748

Date Received:

Date Released: September 19, 2000

Andrew D. Benton
Assistant Attorney General