Must a Louisiana fire district publicly advertise an open job before hiring someone?

Plain-English summary

Montegut Fire District No. 6 asked whether a Louisiana political subdivision had to publicly advertise open jobs. In 2005, the Attorney General said it found no general state-law requirement to advertise positions a public entity sought to fill. The opinion cited earlier AG advice recognizing that local policy, a contractual obligation, or a federal desegregation decree might impose an advertising requirement in a particular setting.

The AG also flagged a separate hiring limit. R.S. 42:1119 generally barred employment of immediate family of an agency head, a governing authority member, or a chief executive of a government entity, subject to the statute's limited exceptions. Absence of an advertising mandate did not resolve that nepotism issue.

Currency note

This opinion was issued in 2005. Verify current state law and any applicable local policy, contract, decree, or ethics rule before filling a public job.

What this means for you

Fire district boards and public employers

The AG's answer addressed a general state-law advertising mandate. It identified local policies, contracts, and federal desegregation decrees as possible sources of a separate requirement and reminded public employers of the nepotism statute.

Job applicants

The opinion did not say every public vacancy must appear in an advertisement. It also did not decide whether this fire district had adopted a local advertising rule or was subject to another obligation.

Common questions

Does Louisiana state law generally require a public job posting?

The AG said it found no such state-law requirement for the public entities discussed in the opinion.

Could a public employer still be required to advertise?

Yes. The opinion cited earlier AG advice noting that a local policy, contractual obligation, or federal desegregation decree might require vacancy advertising.

Does the absence of a posting requirement permit hiring a board member's child?

The opinion did not say that. It expressly noted R.S. 42:1119's restriction on employment of immediate family of certain public officials, subject to limited statutory exceptions.

Background and statutory framework

The AG relied on earlier opinions finding no general state advertisement mandate, including an opinion concerning a recreation director. It separately identified R.S. 42:1119 as the relevant nepotism provision. The document did not identify a hiring policy adopted by Montegut Fire District No. 6.

Citations

• R.S. 42:1119 (nepotism restriction mentioned by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0180

Original opinion text

July 28, 2005
OPINION 05-0180

90-A Political Subdivisions
– Officers
R.S. 42:1119

Mr. Byron Eells, III
There is no state law requiring
Chairman of the Board
a public entity to advertise for
Montegut Fire District #6
positions sought to be filled.
1105 Highway 55
Montegut, LA 70377

Dear Chairman Eells:

This office is in receipt of your request for an opinion of the Attorney General in regard to the requirements of a political subdivision organized under Louisiana law to publicly advertise for open job positions within that political subdivision.

In both Atty. Gen. Op. 01-07A and Atty. Gen. Op. 03-0083, this office stated it had not found any requirement in state law requiring the board to advertise for positions it sought to fill, and we find no such provision now.

It was noted in Atty. Gen. Op. 03-0083 that the Parish School Board could establish its own policy governing the procedure to be followed when filling vacant positions, including the advertisement of those positions. However, it was observed, “In the absence of a local policy, a contractual obligation or a federal desegregation decree requiring the advertisement of vacant positions, it is the opinion of this office that St. Landry Parish School Board may, pursuant to the grant of authority in LSA-R.S. 17:81(C) and 17:84, fill vacant positions without prior advertisement.”

In Atty. Gen. Op. 85-505, this office was asked if it was legal for the police jury to hire a recreation director without advertising the position. This office observed there were no allegations pertaining to discriminatory practices, and stated as follows:

In conclusion, it is our opinion that the Ascension Parish Recreation Department is a board comprised of individual commissioners; that there is no substantive difference between a “commissioner” or “board”; that the

Page 2

Mr. Byron Eells,III
OPINION 05-0180
Page 2
recreation district is the legal entity empowered to hire a recreation director; that the governing body of the recreation district is not required to advertise the hiring of a recreation director; and that the child of a board member may not be hired by the board.

While we find no state law requiring advertisement to fill a position by a public entity, we find it pertinent to note that R.S. 42:1119 , Nepotism, provides no member of the immediate family of an agency head, or of a governing authority, or the chief executive of a governmental entity shall be employed by the governmental entity except for the limited exceptions set forth therein.

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
Assistant Attorney General

CCF,Jr./BBR

Page 3

Mr. Byron Eells,III
OPINION 05-0180
Page 3

OPINION 05-180

90-A – Political Subdivision

• Officers
  R.S. 42:1119

There is no state law requiring a public entity to advertise for positions sought to be filled.

Mr. Byron Eells, III
Chairman of the Board
Montegut Fire District #6
11-5 Highway 55
Montegut, LA 70377

Date Received:
Date Released: July 28, 2005

BARBARA B. RUTLEDGE
ASSISTANT ATTORNEY GENERAL