Could a Louisiana gravity drainage district board increase its commissioners' per-meeting pay above $60?

Plain-English summary

An attorney asked whether commissioners of Gravity Drainage District No. 1 were still limited to $60 per meeting or could raise their compensation. In the official opinion, the AG said a 2001 amendment had increased the statutory ceiling to one hundred dollars per day of actual meeting attendance, subject to the statute's annual attendance limit.

The AG said an increase, whether partial or to the ceiling, required a two-thirds vote of board members after a public hearing advertised at least twice in the district's official journal within the fifteen days before the meeting. It expressed concern about a board raising its own pay and recommended seeking an ethics opinion; it did not decide that ethics issue.

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

Was the former $60 ceiling still controlling in the opinion?
No. The AG said the 2001 amendment raised it to one hundred dollars per day of actual meeting attendance.

Could the board increase pay without a public hearing?
The opinion said an increase required a public hearing, two advance journal advertisements, and a two-thirds vote.

Did the AG decide whether commissioners could ethically vote themselves a raise?
No. It recommended an opinion from the Louisiana Board of Ethics on that concern.

Background and statutory framework

The opinion applied Louisiana R.S. 38:1794 as amended by Act Number 356. The provision the AG quoted required a two-thirds board vote after an advertised hearing for increases in compensation or reimbursement, and limited the number of paid meeting days in a year.

Citations and references

• Louisiana R.S. 38:1794 (commissioner compensation and hearing procedure)
• Act Number 356 (2001 amendment described in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0037

Original opinion text

One American Place
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DEPARTMENT OF JUSTICE
P O Box 94005
CIVIL DIVISION
TEL (225~342-7013 .
FAX (225) 342-20q0
BATON ROUGE
RICHARD P IEYOUB
70804-9005
ATTORNEY GENERAL
OPINION NUMBER 02-0037

22-1 DRAINAGE & DRAINAGE DISTRICTS LA-R.S. 33:1794
Mr. D. Blayne Honeycutt
If there ~s a request to ~ncrease compensahon to the Drainage
Attorney at Law
Dtstrict Board of Commissioners, either in part or up to the
maximum, it must be approved by a two-thtrds vote of the
506 Florida Avenue SW
members of the board after a public heartng, and there must be
Denham Springs, Louisiana 70726 two advertisements tn the official journal of the drainage d~stnct
within a fifteen day period prior to the meettng

Dear Mr. Honeycutt:

Please be advised that the office of the Attorney General is in receipt of your opinion request. In your request, you specifically asked:

Whether Louisiana R.S. 38:1794 limits the per diem to Board members of Gravity Drainage District #1 to $60.00 per meeting or does the statute permit an increase in compensation to the Board of Commissioners after being approved by two- thirds (2/3) vote from the members of the Board after a public hearing, which has been advertised and in the official journal of the Gravity Drainage District on a least two separate occasions within a period of fifteen (15) days proceeding the meeting at which the vote is taken?

Louisiana R.S. 38:1794 states in pertinent part:

B. (2)Members of the board of commissioners are authorized to receive compensation of not more than one hundred dollars per day as determined by the board, for each day such member shall be in actual attendance upon the regular or special meeting of the board, not to exceed thirty-six days in one year, and may be reimbursed any expenses actually incurred in performing the duties imposed upon him by virtue of his appointment. Any increase in compensation or increase or reimbursement of any kind to members of the board of commissioners must be approved by a two-thirds vote of the members of the board after public hearing, which has been advertised in the official journal of the drainage district on at least two separate occasions within a period of fifteen days preceding the meeting at which the vote is taken.

This statute previously allowed for a sixty-dollar limit on the amount of compensation to be received by each board member for each day in attendance. However, in the 2001 Regular Session of the Louisiana Legislature, Act Number 356 extended that limit to allow for a limit of one hundred dollars.

Louisiana R.S. 38:1794 further provides a process to be followed in the event that there is a request for an, "increase in compensation or increase or reimbursement of any kind" to all of the board members. Therefore, if there is a request to increase

Page 2

D. Blayne Honeycutt
OPINION NUMBER 02-0037
Page - 2 -

compensation, either in part or to the maximum, it must be approved by a two-thirds vote of the members of the board after public hearing.
There must be two advertisements for this hearing in the official journal of the drainage district, all of which must be within a period of fifteen days prior to the meeting. We have concerns as to whether it is ethical for the board to increase its own per diem, rather than doing so for future enactment. Therefore, we further recommend that you seek an ethics opinion from the Louisiana Board of Ethics, 8401 United Plaza; Suite 200, B.R., LA 70809- 7017.

I hope this opinion sufficiently answers your questions. If you have any further questions, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
ATi’ORNEY GENERAL

Assis t Attorney General
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