Does a late appointment restart a Louisiana parish library board member's five-year term?

Plain-English summary

The State Librarian asked whether a police jury could set the start of a newly appointed or reappointed parish library board member's term at the appointment date. The official opinion answered that library board seats had fixed terms under R.S. 25:214. A delay in filling a seat did not start a new five-year term.

R.S. 42:2 let the incumbent continue performing the office's duties until a successor was inducted. The AG distinguished that temporary holdover from the term attached to the seat. If the incumbent held over after the term expired, the successor's tenure could be shorter, but the scheduled term itself did not move.

Currency note

This opinion was issued in 2002. 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 jury give a reappointed library board member a new five-year period starting on the appointment date?
The AG said the statutory terms were fixed. The appointment date did not extend or reset the scheduled term.

What happened if a board member stayed after the term expired?
Under the holdover provision discussed in the opinion, the incumbent continued serving until a successor was inducted. That service did not lengthen the term of office.

Could a late successor still serve a full five years?
The opinion said the holdover could shorten the successor's tenure because the term itself remained fixed.

Background and statutory framework

The opinion quoted R.S. 25:214 on municipal and parish public library boards, including its five-year successor terms, and R.S. 42:2 on an officer's service until a successor is inducted. It relied on the distinction between the fixed term of an office and the individual officer's tenure to answer the State Librarian's question.

Citations and references

• R.S. 25:214 (public library boards of control)
• R.S. 42:2 (holdover service until a successor is inducted)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0002

Original opinion text

DEPARTMENT OF ~USTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335
May 3, 2002
OPINION 02-0002

Mr. Thomas F. Jaques 64-1 LIBRARIES
State Librarian
R.S. 25:214; R.S. 42:2
When an incumbent holds over beyond the expiration of his term, as when the
701North 4th Street
successor fails to qualify prior to expiration of the term, it does not affect the term of
Baton Rouge, LA 70802
office, but merely shortens the tenure of his successor.

Dear Mr. Jaques:

Your inquiry to this office is restated as follows:

May a police jury, in appointing new library board of control members, or in reappointing members whose terms have expired, set the new term to begin on the date of appointment or reappointment?

Our response to your question requires our review of R.S. 25:214, providing:

A. The governing authority of the municipality shall, in the ordinance creating a public library, name and appoint five citizens of the municipality as a board of control for such public library to serve for terms of one, two, three, four, and five years, the successors of whom shall each be appointed for a term of five years. The mayor of the municipality shall be ex officio, a member of the board of control of such public library, provided however that he shall have the right to designate another member of the governing authority of the municipality to serve in his place and stead on the board of control of such public library.

B. The governing authority of the parish shall, in the ordinance creating a public library, name and appoint, at its option, not less than five citizens nor more than seven citizens of the parish as a board of control for such parish library to serve for terms of one, two, three, four, and five years, the successors of whom shall each be appointed for a term of five years. The president of the police jury shall be ex officio, a member of the board of control for such public library, provided however that the president of the police jury shall have the right to designate another member of the governing authority of the parish to serve in his place and stead on the board of control of such public library.

C. The provisions of this Section shall not apply to the parish of Orleans.

Page 2

Mr. Thomas Jaques
OPINION 02-0002
Page 2

The members of the parish library board of control serve in office for fixed terms. While R.S. 42:21 requires a member of the library control board to continue to perform the duties of his appointive office until his successor is inducted, it is not a mechanism to extend the term of office. See State vs. Younq (La. 1915) 68 So.241, holding that the term of an office, being distinct from the tenure of an officer, is not affected by the holding over of an incumbent beyond the expiration of the term for which he was appointed. See also State ex rel. Wilkinson vs. Hin,qle (La. 1909) 50 So. 616, determining that the holding over period of an office does not extend the term succeeding. Finally, see State vs. Olson, 359 N.W. 2d 876, where the court determined that when an incumbent holds over beyond the expiration of his term, as when the successor fails to qualify prior to expiration of the term, it does not affect the term of office, but merely shortens the tenure of his successor.

We hope the foregoing is helpful to you. Should you require further assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
~~~
~~ASSIS~NT
~1 ATTORNEY GENERAL

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1 R.S. 42:2 is entitled "public office to hold office until successor inducted" and provides that "every public
officer in this state except in case of impeachment or suspension, shall continue to discharge the duties of
his office until his successor is inducted into office."