Could a Louisiana parish police jury remove a tourist commission member before a fixed term ended?

Plain-English summary

The district attorney asked whether the Natchitoches Parish Police Jury could remove a tourist commission board member before the member's term expired, including where a private tourism association may not have nominated the member properly. In 2005, the Attorney General concluded that the police jury had no removal authority over the commission's members, with or without cause. The conclusion answered the proposed removal procedure without deciding whether the nomination had actually been defective.

The opinion read R.S. 33:4574 as creating the Natchitoches Parish Tourist Commission as a political subdivision of the state, separate from the parish government in which it operated. The police jury appointed directors from submitted nominee lists, but the legislature gave them fixed three-year terms. The AG relied on earlier opinions that appointment power alone did not carry authority to end a legislatively fixed term early.

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 police jury remove a tourist commissioner without cause?

No. The AG said the jury lacked authority to remove a member during the fixed term, whether or not it asserted cause.

Did a possible nomination mistake give the police jury removal authority?

The AG's answer was still no. It did not decide whether the reported nomination defect had occurred; it held that the police jury was not the body with removal authority in either event.

Why didn't the power to appoint include the power to remove?

The AG treated the tourist commission as a separate state political subdivision and relied on the legislature's fixed three-year term. It reiterated its earlier view that a parish appointing authority could not remove a member before such a term expired.

Background and statutory framework

R.S. 33:4574 created the listed tourist commissions as political subdivisions and included the Natchitoches body. The AG also cited La. Const. Art. VI, Sec. 19 and La. Const. Art. VI, Sec. 30 as constitutional authority for that statute. It drew on prior AG opinions concerning tourist commissions and fixed-term appointees; it did not identify an alternate removal process.

Citations

• R.S. 33:4574 (tourist commission creation and status).
• La. Const. Art. VI, Sec. 19 and La. Const. Art. VI, Sec. 30 (constitutional provisions cited by the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0124

Original opinion text

April 26, 2005
OPINION 05-0124 166 – Tourists
90 – Police Juries - Power
90-A – Political Subdivisions
La. Const. Art. VI, Sec. 19
La. Const. Art. VI, Sec. 30
The Natchitoches Parish Tourist
Commission is a political subdivision of the State and the police jury can not remove its board members.

District Attorney Van H. Kyzar
P.O. Box 838
Natchitoches, LA 71458-0838

Dear District Attorney Kyzar:

This office is in receipt of your request for an opinion of the Attorney General in regard to removal from office of members of the Natchitoches Parish Tourist Commission prior to the expiration of their term of office.

You ask the following:

1. Whether a board member may be removed without cause;

2. If cause is required is it just cause for removal if a sitting board member was not
   properly nominated to serve by a private, non-profit association with an interest in
   tourism;

3. If no cause is required or if good cause exists what protocol or procedure should
   the Police Jury utilize, i.e. must the board member be given an opportunity to be
   heard prior to a vote on the issue by the Police Jury?

Pursuant to our telephone inquiry, it is our understanding that your questions are directed at the removal of members of the commission by the police jury.

Our research discloses that R.S. 33:4574 provides, pursuant to Article VI, Sections 19 and 30 to the Constitution of Louisiana, the commissions listed therein are created and include Natchitoches Parish Tourist Commission in section (u). It further provides that these commissions are “created as special district or commissions” and “each such commission shall be a body politic and a corporate and political subdivision of the state of Louisiana”.

In Atty. Gen. Op. 04-0027 this office relied upon the cited statute and the referenced constitutional provisions for the conclusion that Tourist Commissions are each political

Page 2

D.A. Van H. Kyzar
OPINION 05-0124
Page 2

subdivisions of the state and are separate from the local political subdivisions in which they operate. It then stated, while the directors of a Tourist Commission are appointed by the governing authority of the parish from lists of nominees submitted to them by private, non-profit groups that have an interest in one or more aspects of the tourism industry, the parish police jury has no authority to remove commission members as the legislature has provided for a fixed term of 3 years.

In the latter opinion, it was further observed that in Atty. Gen. Op. 01-29 this office previously addressed the issue of whether a police jury, which is given authority to appoint a member to a board or commission, has the authority to remove that individual before his term has expired. In Atty. Gen. Op. 01-29 several cases were cited, and after a review of these cases it was opined “if a term of office is fixed by the legislature, the police jury may not remove an individual from that office before his term expires.”

Similarly, in response to the question if the Pointe Coupee Tourism Commission was independent of the parish governing authority, this office stated in Atty. Gen. Op 00-195 that except for the fact that the Commission members are appointed by the parish governing authority, the Pointe Coupee Parish Tourism Commission, being provided for in R.S. 33:4574 is independent of the governing authority as a “political subdivision of the state”.

Accordingly, we must conclude again that the police jury has no authority over the Tourist Commission, and therefore, cannot remove a board member with or without cause.

We hope this sufficiently answers your inquiry.

Sincerely yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

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

Page 3

D.A. Van H. Kyzar
OPINION 05-0124
Page 3

166 – Tourists
90 – Police Juries – Powers
90-A – Political Subdivisions

La. Const. Art VI, Sec 19
La. Const. Art VI, Sec 30
R.S. 33:4574

The Natchitoches Parish Tourist
Commission is a political subdivision
of the State and the police jury cannot
remove its board members.

D.A. Van H. Kyzar
Tenth Judicial District
P.O. Box 838
Natchitoches, LA 71458-0838

Date Received:
Date Released: April 26, 2005

BARBARA B. RUTLEDGE
ASSISTANT ATTORNEY GENERAL