Could DeSoto Parish dissolve and reappoint the board of a waterworks district that included two towns?

Plain-English summary

A senator asked whether the DeSoto Parish Police Jury could dissolve the board of Waterworks District Number 1, which included Stonewall and Logansport, while retaining two commissioners and reappointing two others. In Opinion 03-0234, the AG concluded that the police jury could dissolve the board and make the described appointments. The opinion said the parish could appoint seven of the nine commissioners, while each municipality appointed one.

The AG relied on the local government's constitutional power over an agency it created and on La. R.S. 33:3813's rules for board appointments, terms, and vacancies. It said commissioners served at the pleasure of the authority that appointed them after their initial terms expired. A municipality's commissioner therefore remained within that municipality's appointment authority, and the opinion tied replacement to expiration of the initial term.

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

DeSoto Parish Police Jury

The AG said the jury could dissolve the district board and fill its own seven commissioner seats, including the two described reappointments, under the facts presented.

Stonewall and Logansport

Each municipality held one commissioner appointment. The AG said the municipality, rather than the police jury, filled a vacancy in its appointed seat and could replace its commissioner after the initial term expired.

Common questions

Q: Could the parish replace every water district commissioner itself? A: No. The AG described seven seats appointed by the police jury and one seat appointed by each of the two municipalities.

Q: Could DeSoto Parish retain two commissioners and reappoint two others? A: Yes. The opinion said that was permissible because those appointments fell within the police jury's seven seats.

Q: Who filled a vacancy in a municipality's commissioner seat? A: The opinion quoted a rule assigning that vacancy to the municipality's governing authority.

Q: Did the appointing authority's power to replace a commissioner depend on the initial term? A: The AG said commissioners served at the appointing authority's pleasure after their initial terms expired and framed replacement on that basis.

Background and statutory framework

The opinion cited Louisiana Constitution Article 6, Section 15 for a local governing authority's general power over an agency it created. It quoted La. R.S. 33:3813(A), (C)(1), (E), and (I) on waterworks district appointments, initial terms, later service, and vacancies. The AG applied those provisions to a nine-member board with seven parish seats and one seat for each municipality.

Citations and references

Statute quoted or cited: La. R.S. 33:3813(A), (C)(1), (E), and (I).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0234

Original opinion text

dEPARTMENT OF JUST,CE
OFFICE OF THE ATTORNEY G~NERAL
450 FANNIN ST.
RICHARD P. IEYOUB
ROOM 309
ATTORNEY GENERAL
TELEPHONE: (318) 227-3790
71101-5537
FAX: (318) 226-7144

JUL 2 5 2003
OPINION NO. 03-0234

172 - A - WATER DISTRICTS

Honorable Ron Bean
La. R.S. ~:3=I~A~(CX1), (E) a,d
Louisiana State Senator, District 38
2520 Bert Kouns Industrial Loop
Suite 100
Shreveport, Louisiana 71118

Dear Senator Bean:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask whether it is legal for the Desoto Parish Police Jury to dissolve the Board of Commissioners of Waterworks District Number I which consists of the two municipalities of Stonewall and Logansport? You add that two of the commissioners were left on the board and two other commissioners were reappointed to the board.

The answer to your question is found in the Louisiana Constitution of 1974, Article 6, Section 15 and in La. R.S. 33:3813(A),(C)(1), (E) and (I). These provisions are as follows:

15. Local Govemmental Subdivisions; Control Over Agencies

The goveming 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 ager’~y and require prior approval of any charge or tax levied or bond issued by the agency.

§ 3813. Appointments of waterworks commissioners; terms; vacancies

A. In the ordinance creating a wateworks district under this Chapter, the police jury shall appoint five commissioners recommended in the petition for the creation of the district.

C. (1). Where one municipality, or any part of a municipality, is to be included in the district, the membership of the board of commissioners shall

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Honorable Ron Bean
OPINION NO. 03-0234
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consist of eight members, five to be appointed as above provided, one additional member to be appointed by the police jury and the remaining two to be appointed by the governing authority of the municipality included in the district. If two municipalities, or parts of municipalities, are included, the ,qoveming authority of each such municipality shall be entitled to appoint one member and the police iury shall be entitled to appoint two additional members. In the event more than two municipalities are included, the two municipalities having the largest population within the district shall appoint the two members representing the municipalities and the police jury shall appoint two additional members, if one or more municipalities are included in the district and no recommendations for appointments to the board from said municipalities are made in the petition to create the district, or no petition is received, the governing authority of the municipalities shall exercise discretion in the choice of commissioners. (Emphasis added).

E. Where the membership of the board of districts hereafter created consists of eight or nine commissioners, the commissioners shall, at their first meeting, determine by lot their terms of office. One member shall serve for a term of one year; one member shall serve for a term of two years; one member shall serve for a term of three years; three members shall serve for a term of four years; and the remaining members shall serve for a term of five years. Thereafter all commissioners shall serve at the pleasure of the authority which appointed them. (Emphasis added).

I. Any vacancy which occurs by expiration or otherwise of any commissioner appointed by the police jury shall thereafter be filled by the police jury, at its sole discretion and any vacancy which occurs by expiration or otherwise of any commissioner appointed by the governing authority of a municipality included in the district shall thereafter be filled by the governing authority of said municipality, at its sole discretion.

It seems that the Desoto Parish Police Jury is given the authority by the Louisiana Constitution to create Waterworks District Number I and it also has the authority to abolish the entire district.

Also, La. R.S. 33:3813(A) and (C)(1) give the specifics of how commissioners are appointed from the police jury and the two municipalities, while section 3813 (E) states that the commissioners of the district serve at the pleasure of the authority which appointed them after the initial terms of office have expired. In fact, Section 3813(I) states which governing authority can appoint a new commissioner whenever a vacancy occurs. Therefore, the positions which are appointed by the Desoto Parish Police Jury can be

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OPINION NO. 03-0234
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replaced by appointment of the Desoto Parish Police Jury if the initial term has expired. Likewise, the commissioner appointed by Logansport and the commissioner appointed by Stonewall can be replaced by those municipalities if the initial term has expired.

in summary, the Desoto Parish Police Jury is within its authority to dissolve the Board of Commissioners of Waterworks District Number 1. Additionally, according to Section 3813 (A), (C)(1), (E) and (I), following the expiration of the initial terms set forth in the statute and determined by lot, seven commissioners serve at the pleasure of the Desoto Parish Police Jury, one commissioner serves at the pleasure of the municipality of Stonewall and the remaining commissioner serves at the pleasure of the municipality of Logansport. if a vacancy occurs on the commission, for whatever reason, the appointing authority has the power to fill the vacancy. For this reason, it is permissible for the Desoto Parish Police Jury to retain two commissioners and to reappoint two other commissioners since the Police Jury has the authority to appoint seven of the nine commissioners to the Waterworks District Number I Board of Commissioners.

We trust this sufficiently answers your question. However, if our office can be of any further assistance, do not hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

Frances J. Pit~(an-
Assistant Attorney General

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