Could a Louisiana town ordinance make police obey every lawful request of the mayor and aldermen?

Plain-English summary

In 2005, the Louisiana Attorney General concluded that Sibley's Ordinance No. 90 could not generally require police to perform all lawful requests of the mayor and board of aldermen. Although the town could assign additional duties to the police chief by ordinance, the AG said that broad command could interfere with the chief's inherent authority to supervise and direct the department's day-to-day operations.

The opinion specifically identified Sections 2 and 3 of the ordinance as infringing on that authority. It referred to an attached earlier AG opinion, but the available PDF text contains the current opinion and syllabus without the earlier attachment.

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 town assign some duties to its police chief by ordinance? A: Yes. The AG read LSA-R.S. 33:423 as allowing the governing authority to impose additional responsibilities by ordinance.

Could the ordinance require police to follow every lawful request of the mayor and aldermen? A: The AG said no to that broad requirement because it could intrude on the chief's independent supervisory authority.

What authority did the chief retain?
A: The opinion said the chief had inherent power to supervise and direct the police department's administration and daily operations.

Background and statutory framework

Mayor Larry Merritt asked whether a 1985 town ordinance lawfully restricted the Sibley Police Department and chief. The AG quoted the rule in LSA-R.S. 33:423 that the chief performed other duties required by ordinance, but said the town could not mandate performance of “all lawful requests of the Mayor and Board of Alderman.” It concluded that Sections 2 and 3 of Ordinance No. 90 infringed on the chief's inherent authority.

Citations

• LSA-R.S. 33:423 (police-chief duties discussed in the opinion).
• La. Atty. Gen. Op. No. 02-77 (earlier opinion cited by the AG; its attachment is not in the available text).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0058

Original opinion text

July 26, 2005
Opinion Number 05-0058
77- Officers – Local and Municipal:
Honorable Larry Merritt
R.S. 33:423
An ordinance can not mandate police to perform all
Mayor, Town of Sibley
lawful requests of the Mayor and Board of Alderman. To
P. O. Box 128
do so would possibly interfere with the inherent power
Sibley, Louisiana 71073
and authority of the Chief of Police.

Dear Mayor Merrit:

Your request for an Attorney General opinion was forwarded to me for research and reply. You are concerned about the validity of Ordinance No. 90 setting restrictions and requirements on the Sibley Police Department, Police Chief and Officers. You have provided us with a copy of Ordinance No. 90, where you question whether the ordinance adopted in 1985 can lawfully set limits for the police department.

Pursuant to LSA-R.S. 33:423, the chief of police shall perform all other duties required of him by ordinance. By statute, the governing authority is allowed to impose additional responsibilities upon the chief of police. However, we do not find that the ordinance can mandate police to perform all lawful requests of the Mayor and Board of Alderman. To do so would possibly interfere with the inherent power and authority of the Chief of Police.

See attached, La. Atty. Gen. Op. No. 02-77 which is directly on point. Our office has repeatedly recognized that the Chief of Police is the chief law enforcement officer who has the inherent power and authority to supervise and direct the administration and day to day operations of the police department. Accordingly, our office is of the opinion that the governing authority cannot infringe upon this inherent power and authority as stipulated in Sections 2 and 3 of Ordinance 90.

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitant to contact us.

Sincerely,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ___
CHARLENE PATTERSON
Assistant Attorney General
CCF, Jr/CP

Page 2

Opinion Number 05-0058

77- Officers – Local and Municipal:
R.S. 33:423
An ordinance can not mandate police to perform all lawful requests of the Mayor and Board of Alderman. To do so would possibly interfere with the inherent power and authority of the Chief of Police.

Honorable Larry Merritt
Mayor, Town of Sibley
P. O. Box 128
Sibley, Louisiana 71073

Date Received:
Date Released: July 26, 2005

CHARLENE PATTERSON
ASSISTANT ATTORNEY GENERAL