How long could a Louisiana alderman serve as mayor pro tempore?

Plain-English summary

Cullen's mayor pro tempore asked how long an alderman chosen for that role could serve. The Attorney General said the selected alderman remained mayor pro tempore until the board removed that person. The board could appoint a new mayor pro tempore by majority vote.

The opinion relied on the Lawrason Act provisions governing the mayor pro tempore's duties and the board's administrative acts. It described the power to remove as inherent in the board's power to appoint by majority vote.

Currency note

This opinion was issued in 2001. 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 the mayor pro tempore's service end after a fixed term?
The AG identified no fixed term in the law it reviewed. The selected alderman continued in that role until the board removed that person.

Could the Cullen board select a different mayor pro tempore?
Yes. The AG said the board could appoint a new mayor pro tempore by majority vote under the rule for administrative acts.

Background and statutory framework

R.S. 33:405 described the mayor pro tempore as an alderman selected by the board to preside and carry out the mayor's duties during the mayor's absence or disability, apart from the veto power. The AG read LSA-R.S. 33:406(2) as permitting a majority-vote replacement.

Citations and references

• R.S. 33:405
• LSA-R.S. 33:406
• LSA-R.S. 33:406(2)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0074

Original opinion text

March 7, 2001

OPINION 01-74

Ms. Maude Underwood
Mayor Pro Tempore
Town of Cullen
P. O. Box 336
Cullen, LA 71021-0336

Dear Ms. Underwood:

Our office is in receipt of your opinion request regarding the length of time that a mayor pro tempore serves in office.

The Town of Cullen is a Lawrason Act municipality, governed by the provisions of R.S. 33:405, which pertinently provides:

(3) The board of aldermen shall select one of the aldermen to be mayor pro tempore, who shall preside at all meetings in the absence of he mayor, have the same power, and perform all duties of the mayor in the absence or disability of the mayor, except the veto power of the mayor. In the absence of both the mayor and the mayor pro tempore, the board may select another alderman to preside temporarily and perform the duties of the mayor.

Inherent in the power to appoint by majority vote is the power to remove by a similar vote, as provided in LSA-R.S. 33:406. We find nothing in the law to prohibit the Town of Cullen Board of Aldermen from appointing a new mayor pro tempore by majority vote, pursuant to that law pertinent to the passage of administrative acts of the board, such as resolutions. See LSA-R.S. 33:406(2).

Accordingly, the alderman selected to serve as mayor pro tempore continues to serve in that position until such time as the board removes him from that position.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

Opinion 01-74

77 OFFICERS

LSA-R.S. 33:406,LSA-R.S. 33:406(2)

The alderman elected to serve as mayor pro tempore continues to serve in that position until such time as the board removes him from that position.

Ms. Maude Underwood
Mayor Pro Tempore
Town of Cullen
P. O. Box 336
Cullen, LA 71021-0336

Date Received:
Date Released: March 7, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL