Did Varnado's aldermen have to notify the elected police chief before raising an officer's pay?

Plain-English summary

Varnado's elected police chief asked whether the board of aldermen could give a part-time police officer a raise without telling him. The Attorney General concluded the chief had to receive notice before action on the raise. It read La. R.S. 33:423's requirement that the chief make recommendations on police personnel promotions to include recommendations on raises.

The opinion reasoned that a police officer was not among the municipal officers whose compensation the board fixed by ordinance under La. R.S. 33:404.1 and 33:381. It then said the chief could not fulfill his recommendation duty without notice before the mayor or board acted.

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.

Common questions

Could the aldermen grant the officer's raise without notifying the chief?

No. The AG said notice was required before the mayor or board acted so the chief could perform his statutory recommendation duty.

Did the opinion classify a police officer as a municipal officer under R.S. 33:381?

No. It said police officers were absent from that provision's list of municipal officers, which limited the board's unilateral authority under the compensation statute.

Why did the AG connect a raise to a promotion?

It treated "raise" as a synonym for "promotion" in interpreting the chief's personnel recommendation duty under La. R.S. 33:423.

Background and statutory framework

The Village of Varnado was described as a Lawrason Act municipality. The opinion read its municipal officer compensation provisions alongside La. R.S. 33:423, which required chief-of-police recommendations on personnel matters. Its answer concerned notice to the elected chief before a part-time subordinate's pay increase.

Citations

• La. R.S. 33:381 (municipal officer list).
• La. R.S. 33:404.1 (board ordinance fixing officers' compensation).
• La. R.S. 33:423 (police chief's recommendation duty).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0250

Original opinion text

August 8, 2005
OPINION NO. 05-0250

71 – MUNICIPALITIES
77 - OFFICERS – Local & Municipal; Selection, Qualifications & Tenure, vacancies
Honorable Leroy “Slick” Seal
Chief of Police La. R.S. 33:321, et seq. La. R.S. 33:404.1
La. R.S. 33:381
La. R.S. 33:423
Village of Varnado
26525 Highway 21
Before the Board of Alderman can grant a raise to a part-time
Varnado, Louisiana 70467
police officer, it must first give notice to elected police chief.

Dear Chief Seal:

I am in receipt of your letter requesting an Attorney General’s opinion concerning whether, before the board of alderman can grant a raise to a part-time police officer, it must first give notice to you in your capacity as an elected police chief.

Your letter indicates that you are the elected chief of police of the Village of Varnado. Over the last year, you have discovered that the board of alderman has been giving raises to a part-time police officer without your knowledge. You inquire whether the board must first notify you in your capacity as police chief before giving a raise to one of your part-time subordinates.

The Village of Varnado is a Lawrason Act municipality, and therefore, it is governed by La. R.S. 33:321, et seq.

La R.S. 33:404.1 provides that “[t]he board of alderman shall by ordinance fix the compensation of the mayor, aldermen, clerk, chief of police, and all other municipal officers. …” The definition of municipal officer is codified in La. R.S. 33:381 which states that “[t]he officers of every municipality shall be a mayor, an aldermen, a chief of police, a tax collector, and a clerk.” Thus, since a police officer is not included within the definition of a “municipal officer” under La. R.S. 33:381, the board of alderman does not have unilateral authority to grant pay increases to him.

La. R.S. 33:423 deals with the notice issue and provides, in pertinent part, as follows: “[The chief of police] shall make recommendations to the mayor and the board of alderman for appointment of police personnel, for the promotion of officers, to effect disciplinary action, and for dismissal of police personnel. …” [Emphasis added.] In the Tenth Edition of Webster’s Dictionary, a synonym listed for the word “promotion” is “raise.”

Page 2

Hon. Leroy “Slick” Seal
Chief of Police
Village of Varnado
OPINION NO. 05-0250
Page 2

Making recommendations on raises for police officers to the mayor and the board of alderman is not a discretionary matter. The statute, in effect, creates a statutory duty mandating that recommendations regarding police officer raises shall be made by the chief of police to the mayor and board of aldermen. It would follow that if a police chief has such a duty, notice would have to be given to him before the mayor or board took action on a police officer’s raise. Otherwise, the police chief would not be able to satisfy his duty as outlined in La. R.S. 33:423.

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

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:____
Christopher D. Matchett
Assistant Attorney General
CCF,Jr.:CDM:lrs

Page 3

OPINION NO. 05-0250

71 – MUNICIPALITIES

77 - OFFICERS – Local & Municipal; Selection, Qualifications & Tenure, vacancies

La. R.S. 33:321, et seq. La. R.S. 33:404.1
La. R.S. 33:381
La. R.S. 33:423

Before the Board of Alderman can grant a raise to a part-time police officer, it must first give notice to elected police chief.

Honorable Leroy “Slick” Seal
Chief of Police
Village of Varnado
26525 Highway 21
Varnado, Louisiana 70467

Date Received:
CHRISTOPHER D. MATHCETT
Date Released: August 8, 2005
Assistant Attorney General