Could Ville Platte give its mayor pro tempore additional management duties and pay?

Plain-English summary

State Representative Eric LaFleur asked whether Ville Platte's board of aldermen could give the alderman selected as mayor pro tempore new day-to-day management responsibilities, with increased pay. The Attorney General concluded that the board could assign duties beyond substituting for an absent mayor and could compensate that additional work through an ordinance.

The opinion distinguished duties already attached to an office from work the alderman otherwise would not have to perform. It relied on the board's authority to raise an alderman's compensation by ordinance and described the proposed role as one with duties even when the mayor was present.

Currency note

This opinion was issued in 2003. 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 mayor pro tempore have duties when the mayor was present?
The AG said the board could assign additional responsibilities to the selected alderman by ordinance, beyond acting for the mayor during an absence or disability.

Could the board increase pay for those added duties?
The opinion found no prohibition on salary for duties the alderman otherwise would not be obliged to perform and said the board could increase the compensation by ordinance.

What were the ordinary duties of mayor pro tempore?
Under the statute quoted in the opinion, the selected alderman presided when the mayor was absent and performed the mayor's duties during the mayor's absence or disability, except the veto power.

Did the AG say an official should receive extra pay for duties already required?
No. It distinguished the new work from an earlier opinion rejecting extra compensation for duties an official was already obligated to perform.

Background and statutory framework

The requester proposed a full-time infrastructure management role for Ville Platte's mayor pro tempore. The AG examined R.S. 33:405(A)(3), which described the substitute-mayor role, and earlier opinions on compensation. It concluded that an ordinance could give the selected alderman additional responsibilities and pay for them.

Citations and references

• R.S. 33:405(A)(3)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0461

Original opinion text

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DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. Box 94005
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

JAN 3 2003
OPINION 02-461

77 - OITK:ers - Local & Municipal
Selection, Qualifications
& Tenure, Vacancies
R.S. 33:405
Mr. Eric LaFleur
State Representative
The alderman selected mayor pro
tampore may be given duties to
District 38
to perlorm in addition to serving
P.O. Box 617
8 may~r ~en the mayor is ~bsent
Ville Platte, LA 70586
by enaclment of en ordinence t°

Dear Representative LaFleur:

This office is in receipt of your request for an opinion of the Attorney General in regard to the responsibilities of the Mayor pro-tempore for the town of Ville Platte. You ask whether the Board of Aldermen can require its Mayor pro-tempore to take on new responsibilities in the day-to-day management of the town’s infrastructure with an increase in salary in an amount equal to his new responsibilities and obligations. You indicate the Mayor pro- tempore would become full time as manager of the town’s infrastructure and enable the city to eliminate the position of Commissioner of Streets and thereby save money while still providing management of the town’s assets.

Pursuant to R.S. 33:405(A)(3), The board of aldermen shall select one of the aldermen to be mayor pro tempore, who shall preside at all meetings in the absence of the mayor, have the same power, and perform all duties of the mayor in the absence or disability of the mayor, except the veto power of the mayor." However, in accordance with our telephone conversation your question pertains to giving the alderman selected as mayor pro tempore responsibilities beyond filling in for the mayor in his absence.

In Atty. Gen. Op. 78-1355 this office noted that the Mayor has =superintending control of all offices and affairs of the municipality’, but found no authority to employ the mayor as a "city manager’. While it was then observed that the compensation of the mayor by salary for full-time service would not be prohibited, it was then stated, =Despite the fact that the mayor is paid a full-time salary, we believe that the decision to pay the mayor additional compensation, such as a per diem for attending council meetings, lies within the sound discretion of the council."

Page 2

Rep. Eric LaFleur
OPINION 02-461
Page 2

In Atty. Gen. Op 78-1283 this office stated, "Hence, it is the opinion of this office that a Mayor who receives a salary for performance of his duties as such should not be additionally compensated for presiding over special meetings of the Mayor and Board of Aldermen." It was noted while the Mayor was compensated in the form of a salary the aldermen are usually compensated on the basis of their actual attendance at meetings rather than in the form of a salary.

It appears the logic of the above cited opinion was the Mayor could not be additionally compensated for performing duties he was already obligated to perform, whereas we find no prohibition for compensating an Alderman selected as Mayor pro-tempore by salary when performing duties he would not otherwise be obligated to perform as an alderman by designating the position as a full time position with these additional duties.

In Atty. Gen. Op. 91-271 this office recognized that the Mayor pro-tempore in a Lawrason municipality is an alderman selected by the Board of Aldermen to preside at all meetings in the absence of the Mayor and has the same power as the Mayor except the veto power. While it was found the compensation is the same as all other aldermen, it was stated it can be increased by ordinance.

Therefore, while a mayor pro tempore is given the authority to perform all duties of the mayor and act as mayor when the mayor is absent or disabled, the contemplated situation would be to have the alderman selected as mayor pro tempore act in additional capacities even when the mayor is not absent and beyond that of his position as alderman as performed by the other aldermen. We find that would be within the scope of the governing authority to make such a decision by enactment of an ordinance to that affect.

We hope this sufficiently answers your inquiry.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BARBARA B. RUTLEDGE
Assistant Attorney General
RPI/bbr