Ezel / AG Opinions / LA

Did a reinstated Morgan City assistant fire chief earn on-call time for weeks he never worked?

Short answer No. After the civil-service board restored the assistant chief's position, the city paid the difference in salary and retirement contributions. The AG said he was not entitled to compensatory time for on-call hours worked by another assistant chief during his demotion, because he did not earn those hours.
State
Louisiana
Opinion
La. Atty. Gen. Op. 04-0045
Issued
March 12, 2004
Issued by
Office of the Louisiana Attorney General
Requested by
Honorable Tim J. Tregle, Mayor of Morgan City
Source
View official page

Apply this to your situation

This page answers the general question as of 2004. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory; they inform Louisiana officials but are not binding precedent like a court ruling. This summary is informational and is not legal advice. Consult a licensed Louisiana attorney before relying on the opinion for a specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

Morgan City reinstated a firefighter to assistant chief after a non-disciplinary demotion and restored the pay difference and retirement contributions for the demotion period. He also sought compensatory time for weeks when he would have been on call. The AG said no compensatory time was due for hours he did not actually work. Another assistant chief had covered the on-call weeks and received compensation for the work.

The opinion treated compensatory time as an earned benefit. It said paying wages for unearned hours would be a prohibited donation of public funds under the Louisiana Constitution. Its answer did not dispute the city's separate restoration of the salary difference and retirement contributions.

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.

Common questions

Did reinstatement give the firefighter credit for on-call hours he missed?

The AG said no. He had not worked those hours during the demotion.

Was the retroactive salary payment treated the same way?

The opinion reported that the city had already restored the pay difference and related retirement contributions. Its negative answer concerned the additional, unworked compensatory hours.

Why did the AG reject the compensatory-time request?

It said compensatory time was earned compensation, and public money could not be paid as wages for hours that were not earned.

Background and statutory framework

Article VII, §14 of the Louisiana Constitution barred donation of public funds. The AG cited earlier opinions on wages for unearned hours and applied that rule to the assistant chief's claimed on-call time.

Citations

  • Article VII, §14 of the Louisiana Constitution of 1974 (public-funds donation prohibition).
  • Attorney General Opinions 02-0360 and 86-0652 (unearned wages).

Source

Original opinion text

March 12, 2004
OPINION 04-0045

Mayor Tim J. Tregle
P. O. Box 1218
Morgan City, LA 70381

Dear Mayor Tregle:

You advise this office that fireman Sidney Roy had received a non-disciplinary demotion from the position of assistant chief to captain within the Morgan City Fire Department. Mr. Roy was subsequently reinstated to the position of assistant chief by your civil service board.

The municipality reimbursed Mr. Roy the difference between pay of a captain and that of assistant chief retroactive to the date of demotion. In addition, the municipality paid the appropriate contributions for the position of assistant chief to the retirement system for that period.

You state that the duties of assistant fire chief include being placed on call once every third week. During his period of demotion, Mr. Roy was not an assistant fire chief; another assistant chief was placed on call and paid compensatory time for hours worked. Mr. Roy now claims he is entitled to compensatory time for the weeks he would have been scheduled to be on call. You ask if the municipality should pay Mr. Roy compensatory time for hours he did not work.

Our response is in the negative. Compensatory time is an earned benefit. This office has previously determined that the payment of funds as wages for hours which have not been earned violates Article VII, §14 of the Louisiana Constitution of 1974, which prohibits the donation of public funds. See Attorney General Opinions 02-0360 and 86- 0652, copies attached.

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,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 2

OPINION 04-0045

71 MUNICIPALITIES
77 OFFICERS

Fireman who is reinstated to his former position of assistant fire chief is not entitled to overtime compensation for hours he would have been on call but in fact did not work.

Mayor Tim J. Tregle
P. O. Box 1218
Morgan City, LA 70381

Date Received:
Date Released: March 12, 2004

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

What does Louisiana law say today, for your facts?

This opinion is from 2004. Ezel checks the current Louisiana statutes and case law, applies them to your situation, and cites what it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace