Could Farmerville appoint its elected city marshal as chief of police under its special charter?

Plain-English summary

Farmerville's mayor asked whether the town council could appoint a police chief and choose its elected city marshal for that job. The town operated under a special legislative charter; its code had created an appointed police-chief position. In Opinion 03-0059, the Louisiana Attorney General said the council could appoint a chief and could give the elected marshal a preference. If appointed, the marshal's holding both roles would fall within the charter exception to the dual-officeholding laws.

The opinion treated the offices as separate. It relied on the charter's authority to establish and appoint a police force, the town code's chief-of-police position, and R.S. 42:66(D), which allowed municipal officers to hold another municipal office when specifically authorized by a legislative or home-rule charter.

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.

What the opinion meant at issuance

Farmerville's council

The opinion recognized the council's authority under the charter and code to fill the chief position. It described a preference for the elected marshal, not an automatic appointment.

Elected marshals and municipal police staff

The AG said the marshal could hold the appointed chief position if chosen by the council. His answer depended on Farmerville's specific charter and ordinance, rather than on municipal officeholding in general.

Common questions

Q: Did Farmerville have to appoint its elected marshal as police chief? A: No. The opinion said the council could give the marshal a preference and could appoint him, while the code treated the offices as separate.

Q: Would the marshal have to resign the elected post if appointed? A: The AG said the dual-officeholding laws did not prohibit these two Farmerville roles because of the cited charter exception.

Background and statutory framework

The letter traced the town's special legislative charter and the code provision creating an appointed chief of police. It quoted R.S. 42:66(D) for the charter-based exception to dual-officeholding restrictions. The source prints the opinion number but no readable issue date, so the exact date is left blank.

Citations and references

Authority in the opinion: R.S. 42:66(D). The opinion also quotes Farmerville Code Sec. 11.5-10 and its rule concerning a preference for the elected marshal.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0059

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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One American Place
301 Ma~n Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 04005
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TEL.. (504) 342-7013
FAX" (5047 342-2090
BATON ROUGE
RICHARD P. IEYOUB
ATTORNEY GENERAL

OPINION NUMBER 03-0059

          Honorable Willie Davis                 71-1       MUNICIPALITIES - Special Charters

78- OFFICERS - Dual Office Holding
Mayor, Town of Farmerville
Town of Farmerville’s charter authorizes the establishment of a police
P. O. Box 427
force and the Farmerville Code therefore, provides for the appointed
position of chief of police. If the council chooses to appoint the elected
Farmerville, LA 71241
marshall to the appointed position of chief of police, same is exempted
under Louisiana’s dual office holding laws.
Dear Mayor Davis:

Your request for an Attorney General’s opinion has been assigned to me for research and reply. You request an opinion on the ability of the council of the Town of Farmerville to appoint a chief of police. You state that the chief of police position has been filled by the elected Marshall, that the Town of Farmerville operates under a special legislative charter, and that the elected marshall is covered under the charter and the chief of police position was created by ordinance.

The Town of Farmerville was incorporated in 1870 by Louisiana Acts No. 51 of the extraordinary session. Thereafter, Louisiana Acts 1948, No. 37 provided for the office of Marshal in the Town of Farmerville, as follows:

Section 2. That the officers of the said Town of Farmerville shall be a Mayor, five (5) Aldermen and a Marshal to be elected in June of 1949 and every four years thereafter, as now regulated by the statutes of the State of Louisiana in regard to municipal elections and pursuant thereto and such amendments as may be made thereto, subject to the ordinances of the Town now enacted or that may hereafter be enacted, regulating the general and primary elections for the election of candidates and officers, not in conflict with the Constitution and Statutes of the State of Louisiana; and to have such other officers and agents and employees as the Board of Aldermen may appoint under Acts and Ordinances now in force or that may hereafter be enacted .by the Board of Aldermen defining the duties and terms of such officers and employees and the manner of their appointment and salaries to be paid; provided, however, that the present Mayor, Marshal and Board of Aldermen shall hold office until their successors are elected and qualified.

That act also provided the council of the Town of Farmerville with authority to establish, regulate and support a police force and appoint the members of same and define their duties. The council has done so in Chapter 11.5, Articles 11.5- 10 - 11.5-16, as follows:

Page 2

Hon. Willie Davis
Opinion Number 03-0059
Page -2-

Sec. 11.5-10. Position created.
There is hereby created, pursuant to the authority vested in the town council by Section 10 of the Farmerville City Charter, the position of chief of police. (Ord. No. 2-88, § 1,4-11-88)

The chief of police serves at the pleasure of the council for not less than one (1) year or more than the term of the council which appointed him. Section 11.5-15 of the Farmerville Code provides that a "preference may be given to the elected city marshall; however, it shall be a preference only, and the two (2) offices are deemed to be separate and distinct from each other."

Louisiana’s dual office holding laws, R.S. 42:61 et seq., provide an exemption for a municipal officer or employee from holding another municipal office or employment if authorized by legislative charter:

Nothing in this Part shall be construed to prohibit a municipal and/or parochial officer or employee from holding another municipal and/or parochial office or employment as specifically authorized by a legislative or home rule charter, nor shall it be construed to authorize a municipal and/or parochial officer or employee to hold another municipal and/or parochial office or employment when prohibited by a home rule charter.

R.S. 42:66(D).

Since it is clear that the Farmerville Charter provides for the authority to establish a police force and the Farmerville Code provides for an appointed chief of police, it is our opinion that the council has authority to appoint a chief of police and that they may give a preference to the elected city marshall and that if they choose to appoint the marshall as the chief of police, same would not be a violation of Louisiana’s dual office holding laws.

If you have any further questions, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
A~TTORN E~y 9~I~ RAL

ANGLE ROGERS LAPLACE
Assistant Attorney General

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