Could a Louisiana police juror use a parish vehicle, claim mileage, and serve as parish manager?

Plain-English summary

A parish police juror asked about using a parish-owned vehicle on official business, collecting mileage, serving as parish manager, and supervising department heads. The Attorney General said the juror could use the vehicle for official duties but could not also collect mileage for that travel under the statute he quoted.

The AG also said a police juror could serve as parish manager or assistant parish manager. The statute required compensation for that additional job to be offset by the juror's per diem. The opinion said the parish manager could direct the highway and solid waste directors if those employees were subordinate to the manager.

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

Could a police juror use a parish vehicle to check road complaints?
Yes. The AG said the then-current law did not prohibit use of a parish vehicle for official duties, including checking road complaints.

Could the juror also claim a mileage allowance for that trip?
No. The provision quoted in the opinion barred mileage compensation when a juror had a parish-owned vehicle for official business.

Could a sitting police juror be hired as parish manager?
The AG said yes, citing the parish-manager statute and a specific dual-officeholding exception. Where a juror received stipulated compensation as manager or assistant manager, that pay was offset by the juror's per diem.

Could the parish manager give orders to the highway and solid waste directors?
The opinion said the manager could issue instructions if those directors were subordinate to the manager.

Background and statutory framework

The opinion applied R.S. 33:1233A(2)(a) to the vehicle and mileage question. It quoted R.S. 33:1236.1 for a police jury's authority to employ a parish manager or assistant manager, and R.S. 42:66(E) for the exception allowing a juror to hold that employment. Its supervision answer depended on the reporting relationship of the two directors.

Citations and references

• R.S. 33:1233A(2)(a)
• R.S. 33:1236.1
• R.S. 42:66(E)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0115

Original opinion text

March 29, 2001
OPINION 01-115

90-POLICE JURIES – POWERS & FUNCTIONS
Mr. Calvin W. Hay
R.S. 33:1233; R.S. 42:66(E); R.S. 33:1233A(2)(a); R.S. 33:1236.1
Police Juror
Mileage compensation shall not be paid to police juror who uses parish
owned vehicle to conduct official business.
710 Evergreen Church Road
Goldonna, Louisiana 71301

Dear Mr. Hay:

In response to your recent correspondence, note first that the law does not prohibit a police jury member from using a parish owned vehicle to “handle official duties” and “check road complaints”. In fact, the law contemplates this scenario, and provides pertinently in R.S. 33:1233A(2)(a):

(2)(a) Members of the police juries are authorized to receive compensation not to exceed fifty dollars per day and the same mileage allowance as provided to state elected officials going to and from the courthouses in their respective parishes for every day they are actually employed in the service of the parish and for travel outside of the parish on parish business. Mileage shall be charged for each day of attendance at each session of the police jury to be paid out of funds of the several parishes on the warrant of the president, provided however, that if a juror has use of a parish owned vehicle for the conduct of official business, the mileage compensation shall not be paid. (Emphasis added).

While a police juror may use the parish vehicle to conduct official business, he may not be compensated for travel mileage in such instance.

In further response to the questions submitted to us in your letter, note that R.S. 33:1236.1 authorizes the police jury to employ a parish manager and an assistant parish manager. The statute provides:

§ 1236.1 Power to employ parish manager and assistant parish manager

The police juries shall have the power and authority to employ a parish manager and an assistant parish manager and to fix their salaries for a term not to exceed that of the police jury, who shall be

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Mr. Calvin Hay
OPINION #01-115
Page 2
registered voters in the parish and who may be members of that body, provided that if a member of the police jury be employed as parish manager or assistant parish manager upon a stipulated compensation, such compensation shall be offset by the per diem provided for police jurors under R.S. 33:1233. (Emphasis added).

As quoted above, the statute permits a police jury member to be employed as parish manager or as the assistant parish manager.

Further, R.S. 42:66(E) of the Louisiana Dual Officeholding and Dual Employment Laws specifically provides the following exemption:

“Nothing in this part shall be construed to prevent or prohibit an elected police juror from being employed as a parish manager or assistant parish manager as authorized by Section 1236.1 of Title 33 of the Louisiana Revised Statues of 1950.”

Finally, the Parish Manager may issue instructions to the Highway Director and the Solid Waste Director if those parish employees are subordinate to him.

Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

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Mr. Calvin Hay
OPINION #01-115
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#01-115

90-POLICE JURIES – POWERS & FUNCTIONS

R.S. 33:1233; R.S. 42:66(E); R.S. 33:1233A(2)(a); R.S. 33:1236.1

Mileage compensation shall not be paid to police juror who uses parish owned vehicle to conduct official business.

Mr. Calvin W. Hay
Police Juror
710 Evergreen Church Road
Goldonna, Louisiana 71301

Date Received:
Date Released: March 29, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL