Could a watershed district board override new commissioners chosen by the parish police jury?

Plain-English summary

Jackson Parish's Police Jury wanted to replace, rather than reappoint, members of the Watershed District board whose terms had expired. The board's president asked whether commissioners could overturn the new appointments. In Opinion 03-0170, the Attorney General said the Police Jury was the sole appointing authority and the board could not interfere.

The AG relied on the district's governing statute, which assigned appointment of commissioners and filling vacancies to the Police Jury. He also cited the parish's constitutional power over agencies it created, including abolition, but the appointment clause itself decided the request.

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

Police Jury members

The opinion treated choosing new qualified commissioners after terms expired as within the jury's statutory authority. It did not require the jury to reappoint incumbent commissioners.

Watershed commissioners

The board could govern the district, but the opinion said it had no power to reject or override the appointing body's selections.

Common questions

Q: Who chose Jackson Parish Watershed District commissioners? A: The Police Jury, according to R.S. 38:2904 as quoted in the opinion.

Q: Could the board keep an incumbent whose term had ended over the jury's new appointment? A: The AG said no. The jury could replace rather than reappoint commissioners whose terms had expired, and the board could not override that decision.

Q: Who filled a midterm vacancy?
A: The same statute assigned vacancies from death, resignation, or another cause to Police Jury appointment.

Background and statutory framework

The request said three board members' terms had expired and the Police Jury wanted to replace two of them. R.S. 38:2904 described a seven-member board, four-year terms, qualification requirements, and jury appointment of successors and vacancies. The AG also quoted Article VI, Section 15 of the Louisiana Constitution on local governing authorities' control over their agencies.

Citations and references

Statute in the opinion: R.S. 38:2904. Constitutional provision quoted: Article VI, Section 15 of the Louisiana Constitution.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0170

Original opinion text

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DEPARTMENT OF JUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY CENERAL 70804-9005 FAX: (504) 342-7335

May 8, 2003
OPINION 03-0170

R.S. 38:2904
Mr. Tommy Chatham
172-A Water Districts
President
The board of commissioners of the watershed district is without
authority to override the new appointments made to the board by Jackson Parish Watershed District the police jury. P. O. Bo 398 Jonesboro, LA 71251

Dear Mr. Chatham:

In response to your recent inquiry, the Jackson Parish Police Jury is the sole appointing authority with respect to the governing board of the Jackson Parish Watershed District. The board of commissioners may not override the appointments made by the police jury as terms expire.

We refer you to R.S. 38:2904, which states:

§ 2904. Board to govern; membership; tenure; vacancies; compensation

The said district shall be governed and controlled by the Board of Commissioners of the Jackson Parish Watershed District, to be composed of seven commissioners, each of whom shall be a qualified elector of the state of Louisiana who resides within the limits of Jackson Parish. The commissioners shall be appointed by the Jackson Parish Police Jury and shall serve terms of four years and until their successors have been appointed and have qualified; except that one of the initial appointments shall be for a term of one year, two shall be for a term of two years, two shall be for a term of three years, and two shall be for a term of four years.
Any vacancy in the office of commissioner, due to death, resignation or any other cause shaft be filled by an appointment of the Jackson Parish Police Jury. The members of the board shall receive no compensation for their services, but may be reimbursed for expenses actually incurred in the performance of official duties. (Emphasis added).

You advise that the police jury wants to replace rather than reappoint two of the three members whose terms have expired. This action is well within the statutory authority of the police jury. The board of commissioners is without any authority to interfere with the

Page 2

Mr. Tommy Chatham
Opinion 03-0170
Page 2

decision of the police jury. Note also that the police jury is empowered to abolish the water district by LSA-Const. Art. 6, §15 (1974), which provides:

§ 15. Local Governmental Subdivisions; Control Over Agencies

Section 15. The governing authority of a local governmental subdivision shall have general power over any agency heretofore or hereafter created by it, including, without limitation, the power to abolish the agency and require prior approval of any charge or tax levied or bond issued by the agency.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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