Did an elected employee member of Zachary's civil service board have to keep living and voting in the city?

Plain-English summary

Zachary's mayor asked whether every member of the Municipal Employees Civil Service Board had to be a city resident and registered voter, including members elected by classified employees. In 2005, the Attorney General answered yes. The act creating the board set qualifications for appointment or service, and the AG read them as continuing requirements for board membership.

The AG specifically applied the rule to employee-elected members. The act's quoted language also required U.S. citizenship and five years of city residence preceding appointment. The opinion's conclusion focused on continued city residence and voter registration during service.

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

Did the residency rule apply to employees elected to the board by coworkers?

Yes. The AG said members chosen from classified employees had to maintain the same board qualifications, including Zachary residence and voter registration.

Was living in Zachary only a condition at the time of selection?

No. The opinion read the act as requiring members to maintain the qualifications of office to remain eligible to serve.

What did the act say about eligibility when a member joined the board?

The passage quoted by the AG required U.S. citizenship, at least five years of Zachary residence before appointment, and qualified voter registration at the time of appointment. The AG's answer addressed continued residence and registration after joining.

Background and statutory framework

Mayor Charlene M. Smith asked about Act 557 of the 1974 Regular Legislative Session, which created Zachary's Municipal Employees Civil Service Board. Its Section 3(B) prescribed membership qualifications. The AG concluded those qualifications had to be maintained while serving and that employee-elected board members were covered.

Citations

• Act 557 of the 1974 Regular Legislative Session (board creation and membership qualifications).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0093

Original opinion text

July 28, 2005
OPINION 05-0093

Honorable Charlene M. Smith 77 OFFICERS-Local & Municipal
Mayor
Those members of the Zachary Municipal Employees Civil Service
Board elected from the membership of the classified employees
P. O. Box 310
must continue to reside in Zachary and be registered voters of the
Zachary, Louisiana 70791
municipality.

Dear Mayor Smith:

You have asked this office to advise whether Act 557 of the 1974 Regular Legislative Session requires all members of the Zachary Municipal Employees Civil Service Board to reside in and be registered voters of the City of Zachary in order to be eligible for membership on the Board. Our response is “yes”.

Section 3 Subpart (B) of Act 557 creates the Zachary Municipal Employees Civil Service Board and states in pertinent part:

To be eligible for appointment to or for service as a member of the board a person shall be a citizen of the United States of America, a resident of the city of Zachary for at least five years next preceding such appointment and shall be, at the time of his appointment, a qualified registered voter of a municipality…..

It is axiomatic that a member of the Board must maintain the qualifications of office in order for him to continue to be eligible to serve. This determination is applicable to those members of the Board elected from the membership of the classified service employees.

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 05-0093

77 OFFICERS-Local & Municipal

Those members of the Zachary Municipal Employees Civil Service Board elected from the membership of the classified employees must continue to reside in Zachary and be registered voters of the municipality.

Honorable Charlene M. Smith
Mayor
P. O. Box 310
Zachary, Louisiana 70791

Date Received:
Date Released: July 28, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL