Could Carencro's elected police chief promote officers or raise police salaries without council approval?

Plain-English summary

Carencro's elected police chief asked whether he could promote officers and raise their salaries without the council's approval when the proposed raises fit within his existing budget. In 2000, the attorney general's office said that he could recommend promotions, but the mayor and board of aldermen held the power to make them. Neither side could promote police personnel alone.

The office drew the same distinction for pay. The chief could recommend employee raises; the mayor and board could effect them by ordinance. His own salary was fixed by the board by ordinance under La. R.S. 33:404.1. Having money in the police budget did not give the chief authority to make either kind of raise himself.

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.

Police chiefs at the time

For this Lawrason Act municipality, the opinion recognized the chief's responsibility for law enforcement and supervision of the department. It treated his recommendation as necessary for a promotion, while placing the actual promotion with the mayor and board.

Mayors and boards of aldermen at the time

The opinion placed the decision to promote police personnel with the mayor and board, subject to the chief's recommendation. It said employee salary increases were effected by ordinance and the chief's own compensation was fixed by board ordinance.

Police employees at the time

The opinion applied the term "police personnel" to all employees of the department. A chief's recommendation alone did not complete a promotion or salary increase.

Common questions

Q: Could Carencro's police chief promote an officer on his own?
A: No. The opinion required his recommendation, followed by action from the mayor and board of aldermen.

Q: Could the board promote an officer without the chief's recommendation?
A: No. The opinion said neither the board nor the chief could act unilaterally on a promotion.

Q: Did an existing salary budget let the chief raise employee pay?
A: No. Even with funds in the current budget, the chief could recommend raises but the mayor and board had to effect them by ordinance.

Q: Could the chief raise his own salary from budgeted funds?
A: No. The opinion said only the board of aldermen could increase his salary by ordinance.

Background and statutory framework

Carencro was described as a Lawrason Act municipality with an elected chief of police. The opinion read La. R.S. 33:423 to give the chief general law enforcement responsibility and a role recommending appointments, promotions, discipline, and dismissals. It distinguished that recommendation and supervisory role from the mayor and board's personnel decisions. For the chief's own compensation, it relied on La. R.S. 33:404.1, which placed the ordinance power with the board.

Citations and references

• La. R.S. 33:423 (chief's law enforcement role and personnel recommendations)
• La. R.S. 33:404.1 (municipal officer compensation)
• Lentini v. City of Kenner, 211 So.2d, 311 (La. 1968) (chief's supervisory role, as cited in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0366

Original opinion text

October 24, 2000
OPINION NUMBER 00-366

Mr. Timmy Duhon 77 OFFICERS - LOCAL & MUNICIPAL
La. R.S. 33:423
Chief of Police
La. R.S. 33:404.1
Carencro City Police
Post Office Drawer 10
Chief of Police of Carencro cannot promote and
increase salaries of his employees without the
Carencro, Louisiana 70520
approval of the council.

Dear Chief Duhon:

We received your request for an opinion regarding the promotion of employees within your department. After reviewing your request and discussing the matter with you, it is our understanding that you specifically question your authority to promote and increase the salaries of your employees without the approval of the council. We understand from you that the funds for the proposed salary increases are within your current budget.

Carencro is a Lawrason Act municipality with an elected Chief of Police. Pursuant to La. R.S. 33:423, the Police Chief has the general responsibility of law enforcement in the given municipality. This statute also provides that the Police Chief is to make recommendations to the Mayor and Board of Aldermen for the appointment of police personnel, for the promotion of officers, for disciplinary action, and for the dismissal of police personnel. The Louisiana Supreme Court has in fact recognized that the Chief of Police of a Lawrason Act municipality is the chief law enforcement officer of the municipality and, as such, has the inherent power of supervision over the police department. Lentini v. City of Kenner, 211 So.2d, 311 (La. 1968). Our office has recognized this principle in numerous opinions. See Attorney General Opinions 00-96, 00-113, 99-406, and 99-27. As noted in these prior opinions, the actual appointment and dismissal power of police personnel in a Lawrason Act municipality is vested in the Mayor and Board of Aldermen. However, this power is contingent upon the recommendation of the Chief of Police. All employees of the police department are included in the term “police personnel”. See Attorney General Opinion 99-48.

Thus, as set forth in the statute and opinions noted above, the Chief of Police in a Lawrason Act municipality must make a recommendation to the Mayor and Board of Aldermen for the promotion of police personnel. The mayor and Board of Alderman have the power to promote police personnel, subject, of course, to your recommendation. Therefore, neither the Board of Aldermen nor the Chief of Police may act unilaterally to promote police personnel.

Page 2

Mr. Timmy Duhon
OPINION NO. 00-366
Page 2

With regard to increasing the salaries of your employees, please note that because the Mayor and Board of Aldermen are empowered to hire all municipal employees, including police personnel, they have the authority to compensate police personnel contingent, of course, on your recommendation. See Attorney General Opinion 00-113. As such, it is our opinion that you may not unilaterally increase the salaries of your employees. You may recommend the salary increases to the Mayor and Board of Alderman who, by ordinance, actually effectuate the salary increases.

You also questioned if you could increase your salary with existing funds in your budget for salaries without the approval of the council. La. R.S. 33:404.1 provides that your compensation, as a municipal officer, is fixed by the Board of Alderman by ordinance. Thus, it is our opinion that only the Board of Aldermen has the authority to increase your salary by ordinance. You cannot do so on your own.

We trust that this adequately responds to your request. If you have any questions or comments, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________
TINA VICARI GRANT
Assistant Attorney General

RPI:TVG:crt

Page 3

OPINION NUMBER 00-366

SYLLABUS

77 OFFICERS - LOCAL & MUNICIPAL

La. R.S. 33:423
La. R.S. 33:404.1

Chief of Police of Carencro cannot promote and increase salaries of his employees without the approval of the council.

Mr. Timmy Duhon
Chief of Police
Carencro City Police
121 Andre' Street
Post Office Drawer 10
Carencro, Louisiana 70520

DATE RECEIVED: 09/14/00

DATE RELEASED: October 24, 2000

AUTHOR: TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL