Where did a Louisiana public works steering committee have to meet to nominate commissioners?

Plain-English summary

In 2005, the Louisiana Attorney General concluded that a St. Landry Parish public works steering committee had to hold nomination meetings in each precinct to compile commissioner candidates. It could not replace those meetings with a single meeting at the district office. The AG applied the same precinct-based appointment procedure when a commission vacancy arose.

The opinion also addressed notice. It read the then-applicable open-meeting statute as permitting notice at the meeting building, the public body's principal office, or in its official journal, with additional advertising such as a newspaper also possible. Its conclusion distinguished the legal requirement to meet in each precinct from the choice of lawful notice routes.

Currency note

This opinion was issued in 2005. 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

Could all nomination meetings be held at the district office? A: No. The AG said the committee needed a public meeting in each precinct to compile commissioner names.

Did the precinct rule apply when replacing a commissioner? A: Yes. The opinion cited the statute requiring a vacancy to be filled in the same manner as the original appointment.

Where could the public meeting notice appear?
A: The AG identified posting at the meeting building or principal office, or publication in the official journal, under the law it quoted. It said additional advertising methods were permissible.

Background and statutory framework

Chairman Gerald Cormier asked about the location and advertising of steering committee meetings to nominate commissioners. The AG quoted LSA-R.S. 48:602(A)(4)'s direction to compile a candidate list “at a public meeting held in each precinct.” It then read the vacancy subsection as requiring the same procedure for replacements. For notice, it quoted LSA-R.S. 42:7A(2)(a)'s alternatives and concluded that nominations had to occur in each precinct with lawful notice of each meeting.

Citations

• LSA-R.S. 48:602(A)(4) (precinct meeting requirement quoted in the opinion).
• LSA-R.S. 42:7A(2)(a) (public notice provision quoted in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0033

Original opinion text

April 20, 2005
Opinion Number 05-0033

90-B-4 Public Meetings – State & Local Governing Bodies

R. S. 48:602A(4) & (D(5); R. S. 42:7A(2)(a)

Gerald Cormier, Chairman
Unlike district meetings, steering committee meetings, for the
purpose of nominations, must be held in each precinct.
District 4 Public Works Commission Furthermore, notice of such meetings may be posted by various
of St. Landry Parish
means, as long as notice is first given at the office where the
P. O. Box 719
meeting is held or principal office of the public body or the
official journal of the public body.
Washington, LA 70589

Dear Mr. Cormier:

As chairman for the District Four Public Works Commission of St. Landry Parish, you have requested an opinion of this office regarding the appointments of your commissioners. Specifically, you pose the following questions: (1) Do the meetings still have to be held in each precinct or can they be held at the District office where the regular meetings are held? (2) Do the meetings have to be advertised in the paper or can they be posted in the precinct and at the District Office? After further discussion on the matter, you informed us that the meetings at issue are the steering committee meetings in which names of potential candidates are compiled from each precinct.

Concerning your first question, we are of the opinion that the steering committee meetings used to compile a list of potential candidates for commissioners should be held in each precinct. We reference LSA-R.S. 48:602(A)(4) which provides, “Within fifteen days after the appointment of the steering committee, the steering committee shall submit names for commissioners from a list compiled at a public meeting held in each precinct, educate the public, through meetings of the operation of the new public works district, and any other work that may be needed.”

We further cite section (D)(5) of this same statute which states, “Any vacancy which occurs prior to the expiration of the term for which a member of the board has been appointed shall be filled by appointment in the same manner as the original appointment for the unexpired terms.” Since each meeting for the purpose of nominations is required to be held in each precinct, replacement of a member would therefore require that your meetings still be held at each precinct for that purpose.

Page 2

Opinion No. 05-0033
Mr. Gerald Cormier, Chairman
District 4 Public Works Comm.
St. Landry Parish
Page: -2-

Your second question concerns the advertisement of these steering committee meetings mentioned above. We reference LSA-R.S. 42:7 A(2)(a) for a sufficient answer to this question. LSA-R.S. 42:7A(2)(a) states, “Written public notice given by all public bodies, except the legislature and its committees and subcommittees, shall include, but need not be limited to: Posting a copy of the notice at the principal office of the public body holding the meeting, or if no such office exists, at the building in which the meeting is to be held; or by publication of the notice in an official journal of the public body no less than twenty-four hours before the meeting.”

Notice “shall” be posted at the principal office of the public body holding the meeting or where the meeting will be held. Even though the meetings for nominations cannot be held at the district office, notice for these meetings can be posted at the district office.

Additionally, it is our opinion that notice of the steering committee meetings can also be published in an official journal as well as posted at the buildings where the meetings are to be held. If these steering committee meetings are held in different precincts, then notice of these meetings must be posted at buildings in the different precincts. Furthermore, the language, “shall include, but need not be limited to”, in LSA-R.S. 42:7 A(2)(a), provides for additional methods of advertising such as a newspaper. In conclusion, it is our opinion that all the places discussed above would be permissible.

In light of the above, we conclude that the steering committee meetings held to compile a list of potential candidates for the board of commissioners must be held in each precinct. We further conclude that there are three places where notice of a steering committee meeting “shall” be given: the office where the meeting is held, the principal office of the public body or the official journal of the public body.

If we can be of further assistance in this matter, please contact our office.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./sfj

Page 3

SYLLABUS
OPINION NUMBER 05-0033

90-B-4 Public Meetings – State & Local Governing Bodies

R. S. 48:602A(4) & (D(5)

R. S. 42:7A(2)(a)

Unlike district meetings, steering committee meetings, for the purpose of nominations, must be held in each precinct. Furthermore, notice of such meetings may be posted by various means, as long as notice is first given at the office where the meeting is held or principal office of the public body or the official journal of the public body.

Gerald Cormier, Chairman
District 4 Public Works Commission
of St. Landry Parish
P. O. Box 719
Washington, LA 70589

DATE RECEIVED:

DATE RELEASED: April 20, 2005

Charles H. Braud, Jr.
Assistant Attorney General