Who could hire or fire unclassified employees of the Morgan City Housing Authority?

Plain-English summary

Counsel for the Morgan City Housing Authority asked who had authority over personnel decisions for employees outside the classified civil service. The question arose after its executive director fired an unclassified employee from a position where the board had previously made a termination. In 2005, the Attorney General concluded that the executive director held the ordinary hiring, assignment, compensation, promotion, demotion, and termination authority, subject to civil service requirements and the authority's own policies.

The authority's employee handbook reserved actions involving board-designated “key employees” for board action on the director's recommendation. The AG preserved that exception. It also explained that, if a local housing authority was a state agency, its employees could be either classified or unclassified civil servants and remained subject to state civil service rules. The opinion did not treat an unclassified label as permission to disregard those rules or the authority's policies.

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 executive director fire an unclassified housing authority employee?

The AG said the director had termination authority under the cited statute and the Morgan City authority's policies, except for personnel actions concerning employees the board had designated as key employees. The director's action still had to follow applicable civil service rules and authority policies.

Did the board of commissioners decide every staff promotion or dismissal?

No. The opinion read the statute and the authority's handbook as assigning ordinary staff personnel decisions to the executive director. The handbook reserved board action for designated key employees, on the director's recommendation.

Were unclassified employees outside civil service rules altogether?

The AG did not say that. It explained that a housing authority's creation determined whether it was a state agency; if it was, both classified and unclassified employees were civil servants subject to state civil service rules. Its answer about the director also remained subject to applicable civil service law and authority policy.

Background and statutory framework

Morgan City Housing Authority counsel described three unclassified positions and asked whether the executive director or board controlled their employment decisions. LSA-R.S. 40:539(C)(1) made the director the authority's chief executive and administrative officer, serving at its pleasure. LSA-R.S. 40:539(C)(2) assigned staff employment and termination to the director, subject to applicable civil service law and authority policy. The opinion also quoted the authority's handbook, which vested most personnel actions in the director but reserved board action for designated key employees.

Citations

• LSA-R.S. 40:539(C)(1) (selection and role of the executive director).
• LSA-R.S. 40:539(C)(2) (staff employment and termination authority).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0087

Original opinion text

June 2, 2005
OPINION NUMBER 05-0087

Nicholas F. LaRocca, Jr.
Attorney at Law
607 Brashear Avenue
Morgan City, Louisiana 70380

Dear Mr. LaRocca:

We are in receipt of your opinion request wherein you, as counsel for the Housing Authority of the City of Morgan City, inquire about the legal status of the Authority’s employees who are not classified as Civil Service employees. You also ask whether unclassified employees are subject to the executive director’s designation for employment, employment, qualifications, assignment of duties, compensation, promotion, demotion and/or termination or whether this is a function of the Authority, acting through its Board of Commissioners.

Your first question asks about the legal status of employees who are not classified as Civil Service employees. City and state employees are subject to either the state civil service or city civil service system pursuant to La. Const. Art. X, §1 and are either classified or unclassified employees pursuant to La. Const. Art. X, §2. The manner of creation of a housing authority determines whether it is a state agency or instrumentality of the state. Department of State Civil Service v. Housing Authority of East Baton Rouge, 673 So.2d 726, 95-1959 (La. App. 1 Cir. 5/10/96). If a local housing authority is a state agency, then its employees are either classified or unclassified civil servants who are subject to state civil service rules. La. Const. Art. 10, 2 (1974).

In your letter you mentioned that the Authority previously secured approval of the State Civil Service Commission to employ two employees who enjoy unclassified status. However, the City of Morgan City Housing Authority currently has a total of three unclassified positions. (See, The Personnel Policy Manual, (September, 2004)). You then ask whether these unclassified employees are subject to the executive director’s, designation for employment, employment, qualifications, assignment of duties, compensation, promotion, demotion and/or termination or whether this is a function of the Authority, acting through its Board of Commissioners. Your inquiry stems from the executive director’s termination of

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Nicholas F. LaRocca, Jr.
Attorney at Law
Opinion No. 05-0087
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an unclassified employee, and the previous termination by the Board, of an unclassified employee who held the same position.

Pursuant to LSA-R.S. 40:539(C)(1), the housing authority selects an executive director to serve as its chief executive and administrative officer. However, the executive director serves at the pleasure of the authority. Id.

As provided in LSA-R.S. 40:539(C)(2):
the executive director shall employ, such housing authority staff and employees….The executive directors shall have authority over termination of employment. In carrying out his functions and responsibilities, the executive director, shall be subject to applicable civil services laws, rules, and regulations and policies of the authority. (Emphasis Added).

(3) The executive director shall exercise administrative supervision over all employees of the authority, and all employees of the authority shall be responsible to the executive director for the accomplishment of their duties. (Emphasis Added).

From the clear language of the statute, it follows that the executive director is given the power to employ and terminate employees of the Authority as long as he, in carrying out his functions and responsibilities is in line with civil service laws, rules, regulations and policies of the Authority. In accordance with the Louisiana Civil Service Rules, Chapter 12 states that every [adverse] action authorized by this chapter must be taken by an appointing authority. (See, Louisiana Rules of Civil Service, Chapter 12, 12.1 Appointing Authority).

The appointing authority as defined by the City of Morgan City, under the heading, “Appointing Authority,” places the responsibility for hiring and discharging personnel with the Executive Director. (See, Personnel Policy Manual, p. 7).

Furthermore, the Housing Authority of The City of Morgan City, Louisiana, Employee Handbook reads in pertinent part:

(3) Authority to Effect Personnel Actions p. 3

(b) Authority to appoint, promote, transfer, demote, suspend, and to remove personnel has been vested in the executive director by the board of commissioners

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Nicholas F. LaRocca, Jr.
Attorney at Law
Opinion No. 05-0087
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and such other officials as may be formally designated to act for the Director, except those personnel actions relating to the key employee as determined by the board shall be reserved for board action on the recommendation of the executive director. (Emphasis Added).

Based upon the foregoing, this office is of the opinion that the executive director is vested with the authority pursuant to the civil service laws, rules, regulations, and policies of the Authority, to designate employment, employment, qualifications, assignment of duties, compensation, promotion, demotion and/or termination of all employees of the Authority, except those employees designated as key employees by the Board.

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

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ________
CHARLENE PATTERSON
Assistant Attorney General

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Nicholas F. LaRocca, Jr.
Attorney at Law
Opinion No. 05-0087
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SYLLABUS

OPINION 05-0087

53 – Housing Authorities

The executive director of The City of Morgan City Housing Authority is vested with the power pursuant to the civil service laws, rules, regulations, and policies of the Authority, to designate employment, employment, qualifications, assignment of duties, compensation, promotion, demotion and/or termination of all employees of the Authority, except those employees designated as key employees by the Board.

Nicholas F. LaRocca, Jr.
Attorney at Law
607 Brashear Avenue
Morgan City, Louisiana 70381-2466

Date Received:

Date Released: June 2, 2005

Charlene Patterson
Assistant Attorney General

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