Who set employment rules for a full-time Harahan police employee outside civil service?

Plain-English summary

Harahan's mayor asked whether a full-time police department employee outside civil service was governed by city personnel rules or policies set by the elected police chief. In 2005, the Attorney General concluded that the chief controlled the employee's department policies and procedures. The employee was treated as a non-civil-service police employee subject to the chief's supervision, rather than a non-civil-service city employee under the mayor's general ordinance.

The opinion specifically said the chief could grant compensatory time and require department forms. Its answer rested on R.S. 33:423.2, which gave Harahan's chief authority to appoint and discharge police personnel, subject to the mayor and aldermen's budget limits on allotted positions. The request reported the chief's belief that the ordinance omitted police employees. The AG instead rested its answer on the chief's statutory authority over department personnel.

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 city's general personnel rules govern this police employee?

The AG said no on the facts provided. The AG treated the employee as under the chief's control under the Harahan-specific statute, regardless of any contrary municipal-employee ordinance.

Could the chief allow compensatory time for the employee?

Yes. The opinion said the chief could set police department policies granting compensatory time, even though the city treated its other non-civil-service employees differently.

Did the chief's authority eliminate the council's budget role?

No. R.S. 33:423.2, as quoted in the opinion, subjected the chief's appointment and discharge authority to the mayor and aldermen's budget limits on the number of police positions.

Background and statutory framework

Mayor Paul D. Johnston described a full-time Harahan police employee who did not meet civil service criteria and asked who could set the employee's rules. The AG applied R.S. 33:423.2 and its understanding of an elected chief's day-to-day authority over a Lawrason Act police department. It concluded the police department's rules, including the chief's compensatory-time policy, governed the employee.

Citations

• R.S. 33:423.2 (Harahan chief's police personnel authority and position-budget limit).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0099

Original opinion text

77 -Officer – Local & Municipal
August 18, 2005 9- Civil Service Commission OPINION 05-0099 R.S. 33:423.2
The chief of police for the City of Harahan shall discharge police personnel, and a full-time employee of the police department is non-civil service, subject only to the control of the chief of police.
Mayor Paul D. Johnston
City of Harahan
6437 Jefferson Highway
Harahan, LA 70123

Dear Mayor Johnston:

This office is in receipt of your request for an opinion of the Attorney General in regard to a full-time employee of the Harahan Police Department who does not meet the criteria of a civil service employee. The Chief of Police believes that because he can hire and fire personnel, he can also set the policies and procedures for this employee.

Harahan’s civil service employees receive compensatory time. Non-civil service employees do not receive compensatory time.

The Chief of Police believes that because the Police Department was not included in the Policies and Procedures ordinances for non-civil service employees the policy does not apply to the police department.

You question the status of this employee and further question if the Chief of Police may establish his own policy and procedures on this employee.

We find consideration of R.S. 33:423.2, City of Harahan; appointment and discharge of police personnel by the chief of police, pertinent to your questions. This statute provides as follows:

Notwithstanding the provisions of R.S. 33:402(4) or R.S. 33:423 or any other provision of law to the contrary, in and for the city of Harahan, the chief of police shall appoint and discharge police personnel subject to the budgetary limitations of the mayor and board of aldermen pertaining to the number of allotted positions for the police department.

This office has recognized that in a Lawrason Act municipality the elected chief of police has control over the administration of his department and is the final authority in the day-to-day operation of his office. The governing authority cannot

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Mayor Paul D. Johnston
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impair the inherent powers of an elected chief of police to assign its personnel and control its equipment. This conclusion is clearly established in the provisions of R. S. 33:423.2 wherein it sets forth that notwithstanding “any other provisions of law to the contrary” the chief of police for the city of Harahan shall appoint and discharge police personnel.

Accordingly, we must conclude the employee in question is non-civil service and is not bound by ordinance regulating municipal employees. The governing authority cannot impair the powers of the elected chief of police to supervise and assign its personnel and equipment. The chief of police can set his own policies and procedures thereby granting compensatory time and requiring forms as he establishes for the police department. This employee must be classified as a non- civil service police department employee subject to the control of the chief of police and not a non-civil service employee subject to the control of the Mayor.

This office having stated that an elected chief of police has control over the administration of his department, thereby assigning its personnel and controlling its equipment, it would follow that the employee in question would fall under the Rules and Regulations of the Harahan Police Department.

We hope this sufficiently answers your inquiry, but if we can be of further assistance do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:____
BARBARA B. RUTLEDGE
CCF.JR/bbr
Assistant Attorney General

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Mayor Paul D. Johnston
OPINION 05-0099
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OPINION 05-0099

77 – Officer – Local & Municipal
9 – Civil Service Commission

R.S. 33:423.2

The chief of police for the City
of Harahan shall appoint and
discharge police personnel,
and a full-time employee of the
police department is non-civil
service, subject only to the
control of the chief of police.

Mayor Paul D. Johnston
City of Harahan
6437 Jefferson Highway
Harahan, LA 70123

Date Received:
Date Released: August 18, 2005

BARBARA B. RUTLEDGE
Assistant Attorney General