Did Lafourche Parish Council's minutes authorize the clerk's pay and benefits when its resolution omitted them?
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This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
Lafourche Parish Council hired a council clerk by resolution, but the resolution did not state salary or benefits. The meeting minutes identified the employee and recorded a $32,000 salary plus benefits, including transportation. In 2000, the attorney general's office said the council's home-rule charter gave the council authority to appoint the clerk and fix compensation. Because the resolution was general, the minutes could express the council's specific decision on pay and benefits.
The office also said transportation expenses should be supported by documentation such as receipts. Otherwise, the allowance should be treated as additional compensation with taxes withheld. An undocumented reimbursement that was not treated as compensation could violate the constitutional ban on donating public funds.
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.
Lafourche Parish Council members at the time
The opinion placed hiring and compensation authority with the council under its charter, not with the council president. It read the minutes together with the broad hiring resolution and recommended more specific future resolutions.
Council clerk and finance officers at the time
The minutes established the clerk's stated salary and benefits. The opinion said transportation costs needed documentation or treatment as taxable compensation under the arrangement it reviewed.
Common questions
Q: Did the missing salary figure in the resolution invalidate the clerk's pay?
A: The office said no. The more specific meeting minutes showed the compensation the council approved.
Q: Who could set the council clerk's compensation?
A: The opinion said the council could do so under the home-rule charter; the council president could not set it alone.
Q: How did the opinion treat transportation payments?
A: It said expenses should be documented. Without adequate documentation, an allowance should be treated as additional compensation with taxes withheld.
Background and statutory framework
The office read Lafourche Parish's charter provisions on the council clerk and considered the general hiring resolution alongside the specific meeting minutes. It treated documented transportation reimbursements differently from an unsupported allowance, citing Art. 7, Section 14 of Louisiana Constitution on donations of public funds.
Citations and references
- Art. 7, Section 14 of Louisiana Constitution (public-funds restriction)
- Lafourche Parish Home Rule Charter (council's clerk appointment and compensation authority)
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0448
Original opinion text
December 21, 2000
OPINION NUMBER 00-448
71 MUNICIPALITIES
LaFourche Parish Council Art. 7, Section 14 of Louisiana Constitution Mr. Joel Pierce Lafourche Parish Council is authorized to fix the
Council Clerk
compensation of the Council Clerk as indicated in
P.O. Drawer 5548
the council meeting minutes.
Thibodaux, Louisiana 70302
Dear Mr. Pierce:
We received your request on behalf of the Lafourche Parish Council regarding a resolution adopted by the council on February 8, 2000. This resolution authorizes the hiring by the council of a Council Clerk. You question if the salary and benefits authorized by the council for the Council Clerk, as indicated in the minutes of the council meeting, are applicable even though the resolution does not mention them.
A resolution can be defined as a formal expression of the opinion or will of an official body which is adopted by a vote of the official body. A resolution, as opposed to an ordinance, does not have the effect of law.
The Lafourche Parish Home Rule Charter specifically gives the governing authority the power to appoint a Council Clerk. The governing authority is further authorized to fix the Council Clerk’s compensation. The President of the council, pursuant to the home rule charter, is specifically denied the power of setting the salary and benefits of the Council Clerk. Thus, it is our opinion that the Lafourche Parish Council has the authority to hire a Council Clerk and set his compensation. Compensation includes salary and benefits.
The minutes from the council meeting of February 8, 2000 indicate that the council agreed on hiring a Council Clerk and further set his salary at $32,000.00 plus benefits. Benefits, according to the minutes, include transportation. There are general rules of interpretation of laws and/or documents. In sum, if the meaning of the particular document at issue is clear on its face, there is no need to look further for interpretation of the document and there is no need to consider the intent of the drafters of the document. However, if the meaning is unclear or uncertain, one must consider the intent of the drafters. Additionally, a general
Page 2
Mr. Joel Pierce
Opinion No. 00-448
Page 2
statement or rule is of less authority than a specific statement or rule. See Robert’s Rules of Order, 9th Edition, edited by Henry M. Robert III and William J. Evans.
The resolution simply states, in general terms, that the Lafourche Parish Council agreed to hire a Council Clerk without even naming the person to be employed. The minutes of the meeting specifically identify the person and provide for the Council Clerk’s salary and benefits. Thus, it is our opinion that because the resolution is unclear and is presented in very general terms, the minutes from the meeting can and should be considered to accurately express the will of the council. We further recommend that the Lafourche Parish Council use more specific language in future resolutions and/or ordinances.
Please note that the transportation expenses of the Council Clerk should be submitted to the council with some type of documentation, i.e. receipts. If not, the expense allowance should be treated as additional compensation and taxes must be withheld. If expense reimbursements are not adequately documented or treated as additional compensation, the payments may be in violation of Article 7, Section 14 of the Louisiana Constitution which prohibits the donation of public funds.
We trust that this adequately responds to your request. If you have any questions or comments, please contact our office.
With kindest regards,
Yours very truly,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY:
TINA VICARI GRANT
Assistant Attorney General
RPI/TVG/crt
Page 3
OPINION 00-448
SYLLABUS
71 MUNICIPALITIES
Art. 7, Section 14 of Louisiana Constitution
Lafourche Parish Council is authorized to fix the compensation of the Council Clerk as indicated in the council meeting minutes.
LaFourche Parish Council
Mr. Joel Pierce
Council Clerk
P.O. Drawer 5548
Thibodaux, Louisiana 70302
DATE RECEIVED:
DATE RELEASED: December 21, 2000
AUTHOR: TINA VICARI GRANT
ASSISTANT ATTORNEY GENERAL
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