Could a Louisiana town council require police to issue enough tickets to meet budgeted fine revenue?
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This page answers the general question as of 2005. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
In 2005, the Louisiana Attorney General concluded that the Haynesville town council could not impose a direct or indirect traffic-ticket quota on its police department. The town budget forecast $40,000 in “Police Fines,” and the chief reported that council members expected the department to generate that amount. The AG said the chief of police, not the council, held general responsibility for law enforcement in a Lawrason Act municipality.
The opinion did not say ticket quotas were categorically forbidden. It described earlier AG opinions as recognizing the chief's ability to set traffic-ticket quotas, while denying the council authority to impose or restrict them. Its holding concerned which municipal actor controlled police operations.
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 the council require enough tickets to meet its fine forecast? A: No. The AG said a Lawrason Act council could not set a ticket quota, directly or indirectly.
Did the $40,000 budget estimate change that authority? A: No. The opinion considered that forecast but still placed law-enforcement supervision with the chief.
Did the AG say the police chief could never set a quota? A: No. It recounted earlier AG opinions recognizing the chief's power to set traffic-ticket quotas. The restriction in this opinion was on the council.
Background and statutory framework
Chief James Garner asked whether Haynesville's council could turn forecast fine revenue into a required number of traffic citations. The AG quoted La. R.S. 33:423, giving the chief “general responsibility for law enforcement in the municipality.” It also cited earlier AG opinions and court decisions on the chief's supervisory authority. Its final answer said the council lacked power “to set quotas, either directly or indirectly, for the amount of traffic tickets that must be issued by the police department.”
Citations
- La. R.S. 33:423 (police-chief authority quoted in the opinion).
- Lentini v. City of Kenner, 211 So.2d 311 (La. 1968) and Cogswell v. Town of Logansport, 321 So.2d 774 (La. App. 2 Cir. 1975) (chief-supervision decisions cited in the opinion).
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0038
Original opinion text
April 19, 2005
OPINION NUMBER 05-0038
77 Officers
71 Municipalities
Mr. James Garner
La. R.S. 33:423
Chief of Police
The town council of a Lawrason Act municipality
does not have the authority to set quotas, either
Haynesville Police Department
directly or indirectly, for the amount of traffic tickets
10053 Hwy. 79
that must be issued by the police department
Haynesville, Louisiana 71038
Dear Chief Garner:
You requested an Attorney General’s opinion regarding the town budget and the amount of income to be produced by the enforcement of traffic laws. You indicated that the budget for the Town of Haynesville, which is prepared by City Hall personnel, currently forecasts $40,000 in income from “Police Fines”. One or more members of the Town Council have decided that the police department must produce this amount of income from traffic fines. Per our telephone conversations, you estimate that the Haynesville Police Department would have to issue five traffic tickets per day in order to produce the $40,000 indicated in the budget. This number takes into account the fact that some offenders are found not guilty, some only receive a warning and some are ordered to pay a fine. You stated that your specific question is whether the town council has the right to set quotas of any kind on the police department.
La. R.S. 33:423 sets forth the responsibilities of the chief of police and provides in pertinent part as follows:
“A. The marshal shall be the chief of police and shall be ex officio a constable. He shall have general responsibility for law enforcement in the municipality, and shall be charged with the enforcement of all ordinances within the municipality and all applicable state laws. He shall perform all other duties required of him by ordinance.”
This office previously concluded that the chief of police of a Lawrason Act municipality is charged with the general responsibility for law enforcement, and the obligation to enforce municipal ordinances and applicable state laws. We have further concluded that the chief of police’s authority includes the ability to set quotas for traffic tickets, and that the town council may not limit or restrict that authority by attempting to set their own quotas. See Attorney General Opinions No. 88-115, 93-13 and 97-470. These conclusions are founded not only upon the language of the statute itself, but also on two
Page 2
OPINION NUMBER 05-0038
Mr. James Garner
Page – 2 –
Louisiana Supreme Court decisions that unequivocally established the chief of police as having supervisory power over the entire operation of the police department. See Lentini v. City of Kenner, 211 So.2d 311 (La. 1968) and Cogswell v. Town of Logansport, 321 So.2d 774 (La. App. 2 Cir. 1975).
Therefore, it is the opinion of this office that the town council of a Lawrason Act municipality does not have the authority to set quotas, either directly or indirectly, for the amount of traffic tickets that must be issued by the police department.
Trusting this adequately responds to your request, we remain
Yours very truly,
CHARLES C. FOTI, JR.
Attorney General
BY: _________
KENNETH L. ROCHE, III
Assistant Attorney General
CCF, JR/KLR, III/mjb
Page 3
OPINION NUMBER 05-0038
77 Officers
71 Municipalities
La. R.S. 33:423
The town council of a Lawrason Act municipality does not have the authority to set quotas, either directly or indirectly, for the amount of traffic tickets that must be issued by the police department
Mr. James Garner
Chief of Police
Haynesville Police Department
10053 Hwy. 79
Haynesville, Louisiana 71038
Date Received:
Date Released: April 19, 2005
KENNETH L. ROCHE, III
ASSISTANT ATTORNEY GENERAL
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