Could a St. Landry economic-development district commissioner be reappointed after a term?

Plain-English summary

An assistant district attorney asked whether a commissioner of the St. Landry Economic and Industrial Development District could return to the board after an initial term, either immediately or after a break. In this 2006 opinion, the Attorney General answered no for the original commissioners and for later appointees who served full terms.

The establishing statute assigned the first board to staggered one-, two- and three-year terms, each described as a single term. For later full-term appointments, it provided a three-year term and said commissioners were ineligible for reappointment. The AG applied those provisions to both an immediate return and the proposed return after a period off the board. The opinion distinguished appointments to fill a vacancy from full-term appointments in quoting the statute, but did not decide the status of a particular vacancy appointee.

Currency note

This opinion was issued in 2006. 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 an original St. Landry district commissioner serve a second term?

The AG said no. The statute gave the original commissioners one staggered term of one, two or three years.

Could a later full-term appointee return after a gap?

The opinion said a person appointed to a full term thereafter could not serve on the board again. The question expressly asked about immediate or later reappointment.

Did the opinion decide whether a vacancy appointee could later receive a full term?

No. It quoted a clause referring to commissioners appointed “not to fill a vacancy” but did not decide a specific vacancy-appointment scenario.

Background and statutory framework

R.S. 33:130.302 governed the district board's original staggered terms and subsequent appointments. The AG relied on the statute's “single” initial terms and its bar on reappointment after a later full term. The opinion concerns this particular St. Landry district, not all Louisiana special-district boards.

Citations

• R.S. 33:130.302 (district board terms and reappointment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0423

Original opinion text

January 27, 2006
OPINION 05-0423

Ms. Andrea L. West
107-A Special Districts
Assistant District Attorney R.S.33:130:302 The original board members of the St. Landry Economic and
P. O. Drawer 1968
Industrial Development District can only serve their original
Opelousas, LA 70571
term, and any person appointed to as full-term thereafter
shall not again serve on the board.
Dear Ms. West:

You have asked this office to respond to the following legal inquiry:

Can a member of the board of commissioners of the St. Landry Economic and Industrial Development District be reappointed after his/her initial term either immediately following the end of that term or at any time after a period on non-appointment?

We refer you to the provisions of R.S. 33:130.302, stating:

C. At the inception of the board, the commissioners of the board shall be selected from current commissioners of boards and advisor boards of the St. Landry Parish Economic Inducement District, the St. Landry Parish Economic and Industrial Development District, and the St. Landry Parish Industrial District. Upon appointment these commissioners initially appointed shall divide themselves by lot or similar random procedure into three groups. One group shall be comprised of five commissioners and shall serve a single one year term; one group shall be comprised of six commissioners and shall serve a single two year term; and one group shall be comprised of six commissioners and shall serve a singe three year term. Thereafter, all commissioners appointed to the board, not to fill a vacancy, shall serve for three years and shall not be eligible for reapportionment. Upon expiration of the terms of sitting commissioners, a new board shall be appointed as provided in Subsection A. The sitting commissioners shall make all necessary provisions to ensure an orderly and timely transfer of authority to the incoming board.
(Emphasis added).

The statute states that the original board members shall each serve a single term, whether one, two, or three years and that thereafter a person who has served on the

Page 2

Ms. Andrea L. West
OPINION 05-0423
Page 2

board, not to fill a vacancy, “shall not be eligible for reappointment” after his term expires.

The original board members can only serve their original term. Any person appointed to a full-term thereafter shall not again serve on the board.

We hope the foregoing proves helpful to you. Should you have other questions, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

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Ms. Andrea L. West
OPINION 05-0423
Page 3

OPINION 05-0423

107-A Special Districts

R.S.33:130:302

The original board members of the St. Landry Economic and Industrial Development District can only serve their original term, and any person appointed to as full-term thereafter shall not again serve on the board.

Ms. Andrea L. West
Assistant District Attorney
P. O. Drawer 1968
Opelousas, LA 70571

Date Received:
Date Released: January 27, 2006

Kerry L. Kilpatrick
Assistant Attorney General