Can a Louisiana water district make former employees wait two years to join its board?

Plain-English summary

A state representative asked whether Rapides Parish Water District #3 could require an employee to wait two years after leaving district employment before joining its board. The Attorney General said it could not. The opinion reads the statute on waterworks commissioner qualifications as setting the conditions for appointment; the district's general power to make rules for its work did not include a power to add a former-employee waiting period.

The opinion also points to a separate statute assigning board appointments to specified parish and municipal governing authorities. A district rule excluding otherwise qualified former employees would restrict those authorities' appointment choices.

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

Must a former Rapides Parish Water District #3 employee wait two years before board appointment?
The AG said no. The district could not impose that additional qualification.

Does the district's power to make rules let it set board eligibility?
Not in the way proposed. The opinion distinguishes rules needed to carry out district functions from adding qualifications beyond those in R.S. 33:3812.

Who appoints this district's commissioners?
The opinion says the Rapides Parish governing authority appoints five, Ball's governing authority appoints three, and Pineville's governing authority appoints one.

Background and statutory framework

The opinion quotes La. R.S. 33:3812B on commissioner qualifications, including district residency and assessed real estate requirements, and notes a route for a qualified corporation's representative. It cites R.S. 33:3813 for the allocation of appointments and R.S. 33:3815 for waterworks districts' powers. Its conclusion concerns the particular two-year rule proposed by Rapides Parish Water District #3.

Citations and references

• La. R.S. 33:3812
• R.S. 33:3813
• R.S. 33:3815

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0187

Original opinion text

One Arnencan Place
301 Ma~n Street, Suite 600
DEPARTMENT OF JUSTICE
P.O Box 94005
CIVIL DIVISION
TEL (225) 342-7013
FAX: (2251 342-20c~0
BATON ROUGE
RICHARD F~ IEYOUB
70804-9005
ATTORNEY GENERAL
dUN I
OPINION NUMBER 02-0187

90- A POLITICAL SUBDIVISIONS - Officers, Agents and
Representative Rick Farrar
Employees
172-A WATER DISTRICTS - See Political Subdivisions
House of Representatives
A Water District cannot require a two-year seperabon for it
District 27
employees between termination and appointment to the board o
directors of the water district.
P.O. Box 4196
Pineville, Louisiana 71361

Dear Representative Farrar:

Please be advised that our office is in receipt of your opinion request wherein you inquire if the Rapides Parish Water District #3 can adopt a rule which would require a two year separation period for any employee of the Rapides Parish Water District #3 after termination before such person could serve as a member of the Board of Directors of the Rapides Parish Water District #3.

La. R.S. 33:3815 provides for the powers of waterworks districts. This statute gives these waterworks districts the power to pass rules and regulation which are necessary for it to carry out its obligations and functions.

Also of importance in answering your question is La. R.S. 33:3812 which deals with qualifications of waterworks commissioners. La. R.S. 33:3812B. states, "The members of the board shall be known as waterworks commissioners. Each shall be a resident of and assessed with not less than five hundred dollars worth of real estate in the district.
A commissioner may be the representative of a corporation domiciled in the district and owning lands in the district of an assessed value of not less than five thousand dollars.
The representative of a corporation may be one of its officers and may be designated to represent the corporation by resolution of the board of directors to that effect. He shall also be a resident of the waterworks district."

Considering these statutes together, it appears that the legislature under R.S. 33:3812 has provided for the qualifications of waterworks commissioners. For individuals, those qualifications are limited to residency and ownership of real estate assessed in an amount not less than five hundred dollars. In R.S. 33:3813, the legislature gives the Rapides Parish governing authority the right to appoint five members, the governing authority of the town of Ball the right to appoint three members, and the governing authority of Pineville the right to appoint one member.

While R.S. 33:3815 gives the waterworks district itself all powers necessary for it to carry out its objects for which it was created, it is the opinion of this office that such

Page 2

OPINION NUMBER 02-0187
Representative Rick Farrar
Page - 2 -

powers do not include adding qualification requirements different from those set out in R.S. 33:3812. Such a rule or requirement would have the affect of restricting the rights of the governing authority to appoint otherwise qualified candidates.

Considering the above, it is the opinion of this office that the Rapides Parish Water District #3 may not adopt a rule which would require a two year separation period for its employees between termination and appointment as a member of the waterworks commission.

We 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
ATTORNEY GENERAL

CHARLES H. BRAUD, JR. ~.. ~
Assistant Attorney General ~