Could a Louisiana parish police jury abolish a 911 communications district it had created?

Plain-English summary

West Carroll Parish asked whether its police jury could dissolve a 911 communications district that it had created by ordinance. The Attorney General said yes. A parish governing authority could abolish a district it created if the district's indebtedness was provided for first and another state law did not require the district's existence.

The AG found the 911 creation law permissive: it said a parish “may” create a communications district. Because the law did not mandate one, the general abolition authority applied. The opinion also noted, without resolving the unneeded second question, that a police jury could act as the 911 district's governing authority instead of appointing commissioners.

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 the police jury abolish the 911 district?
The AG said yes for West Carroll Parish under La. R.S. 33:1415, subject to provision for any district debt.

Did state law require every parish to create a 911 district?
No. The opinion read “may” in La. R.S. 33:9101 as making creation optional.

Could the parish govern a district without a separate commission?
The AG noted that La. R.S. 33:9103 allowed the parish governing authority to serve as the district's governing body and assume the commissioners' duties.

Did the AG decide alternate courses if abolition were unavailable?
No. Because he answered the primary abolition question affirmatively, he expressly did not address the requested alternatives beyond the two statutory observations.

Background and statutory framework

La. R.S. 33:9101 authorized a parish to create a communications district. La. R.S. 33:1415 addressed abolition of locally created bodies, requiring outstanding debt to be provided for and protecting entities whose creation state law required. The opinion applied those provisions to the optional West Carroll 911 district.

Citations and references

• La. R.S. 33:9101
• La. R.S. 33:9103
• La. R.S. 33:1415

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0168

Original opinion text

May 17, 2001
OPINION NUMBER 01-168

90 POLICE JURIES – POWERS &
Mr. David P. Doughty
FUNCTIONS
La. R.S. 33:9101
Civil Division
La. R.S. 33:9103
Office of the District Attorney La. R.S. 33:1415 Post Office Box 857
Rayville, Louisiana 71269
West Carroll Parish police jury is empowered to
abolish its 911 Communications District as provided for in La. R.S. 33:1415.
Dear Mr. Doughty:

We received your request on behalf of the West Carroll Parish Police Jury for our opinion regarding the dissolution or abolishment of a 911 Communications District. The police jury created a 911 Communications District pursuant to La. R.S. 33:9101 which provides that the governing authority of any parish may by ordinance create a communications district composed of any part or all of the territory lying wholly within the parish.

It is well established that police juries have no other powers than those specifically delegated to them. See Attorney General Opinion 00-277. La. R.S. 33:1415 specifically provides that a parish governing authority that creates or establishes any board, commission, agency, or district has the power to abolish it provided that any indebtedness of the board, commission, agency, or district is provided for prior to abolishment. A parish governing authority shall not abolish any entity if state law requires its creation. La. R.S. 33:9101 does not mandate that a parish governing authority create a communications district. The word “may” is used in the statute, which signifies that the creation of such a district is optional.

Therefore, it is our opinion that the West Carroll parish police jury is empowered to abolish its 911 Communications District as provided for in La. R.S. 33:1415. Because we have responded to your initial inquiry affirmatively, we will not address you second inquiry which asked for alternate courses of action. We do point out, however, that La. R. S. 33:9103 specifically allows for the parish governing authority to serve as the governing authority of a 911 Communications District in lieu of appointing a commission. If this is done, the parish governing authority assumes all powers and duties of the board of commissioners as provided for in the statute. Additionally, La. R.S. 33:1415 (E) specifically provides that the governing authority of the Parish of West Carroll is empowered to

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Mr. David P. Doughty
Opinion No. 01-168
Page 2

remove and replace board members or commissioners that it appoints for just cause.

We trust this adequately responds to your request. If you have any questions or need additional information, please feel free to contact our office.

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General
RPI:TVG:crt

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Mr. David P. Doughty
Opinion No. 01-168
Page 3

OPINION NUMBER 01-168

SYLLABUS

90 POLICE JURIES – POWERS & FUNCTIONS

La. R.S. 33:9101
La. R.S. 33:9103
La. R.S. 33:1415

West Carroll Parish police jury is empowered to abolish its 911 Communications District as provided for in La. R.S. 33:1415.

David P. Doughty
Civil Division
Office of the District Attorney
Post Office Box 857
Rayville, Louisiana 71269

DATE RECEIVE: 4/20/01

DATE RELEASED: May 17, 2001

AUTHOR: TINA VICARI GRANT
Assistant Attorney General