Could a hospital district commissioner collect meeting per diem for work done during a month without attending the meeting?

Plain-English summary

Madison Parish Hospital Service District asked whether a commissioner could receive per diem pay for a month in which the commissioner worked for the district but did not attend its monthly meeting. In Opinion 03-0252, the AG answered no. The statute the opinion quoted allowed per diem "for each day of his attendance at meetings of the commission."

The AG said that language provided no per diem for commissioners who missed a meeting and no compensation under the quoted provision for district work outside meetings.

Currency note

This opinion was issued in 2004. 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

Hospital district commissioners

The AG tied the per diem to meeting attendance. Work for the district during the same month did not qualify a commissioner for that meeting's per diem if the commissioner did not attend.

Parish and district finance officials

The opinion quoted La. R.S. 46:1081 B.(2) as allowing the parish governing authority to permit a per diem within a stated dollar range for days of commission meeting attendance, subject to an annual meeting limit. The AG found no authority in that provision for per diem based on other work.

Common questions

Q: Could a commissioner be paid per diem after missing the monthly meeting?
A: No. The AG said per diem was tied to attendance at the commission meeting.

Q: Did district work outside a meeting count instead?
A: No. The opinion said the quoted statute provided no compensation for time spent on hospital district business outside meetings.

Q: What did the quoted statute say about approving per diem?
A: It said the parish governing authority "may permit" per diem for each day of a commissioner's meeting attendance. The AG's answer concerned a commissioner who did not attend.

Background and statutory framework

The AG relied on La. R.S. 46:1081 B.(2), which tied a permitted per diem to days of attendance at commission meetings and limited payable meetings per year. The question presented a commissioner who did not attend the monthly meeting but rendered other services during that month. The opinion concluded the statute did not cover those services.

Citations and references

Statute quoted or cited: La. R.S. 46:1081 B.(2).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0252

Original opinion text

~tate of Louisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
CHARLES C. FOTh .JR.
ATTORNEY GENERAL

JAN 2 3 2004
OPINION NO. 03-0252

84- PAmSHES

Mr. John H. Wilkins
Chairman, Madison Parish
La. R.8. 48:1081 B. (2) re~mal~ thai a
Hospital Service District
Post Office Box 1593
Tallulah, Louisiana 71282

Dear Mr. Wilkins:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask if a commissioner of the Madison Parish Hospital Service District is entitled to per diem pay even though the commissioner did not attend the monthly Hospital Service District meeting but renders services during that month to the Hospital Service District.

The answer to your question is found in La. R.S. 46:1081 B. (2)which states:

(2) The parish governing authority may permit a per diem to each member of the commission in an amount of not less than twenty-five dollars nor more than forty dollars for each day of his attendance at meetin,qs of the commission, not to exceed twelve meetings per year payable out of the funds of the parish hospital service district. (Emphasis added).

A review of this statute reveals that a per diem is paid "... for each day of his attendance at meetings of the commission .... ". Therefore, there is no provision for paying commissioners who do not attend meetings, nor is there compensation for time working on hospital district business other than time spent during meetings.

We trust this sufficiently answers your question. However, if you should need anything further, do not hesitate to contact this office.

Page 2

Mr. John H. Wilkins
OPINION NO. 03-0252
Page - 2 -

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:
FRANCES J. P~’MAN
ASSISTANT ATTORNEY GENERAL

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