How many nominees were needed to fill one Terrebonne economic-development board vacancy?

Plain-English summary

An attorney asked how many names the Houma-Terrebonne Chamber of Commerce or the South Central Industrial Association had to submit when one of its three Terrebonne Economic Development Authority board seats became vacant. In this 2006 opinion, the Attorney General answered six nominees. The original appointment statute called for the parish council to select each association's three appointees from a list of six names. Its vacancy provision required a vacancy to be filled in the manner of the original appointment.

The AG rejected a smaller list simply because only one seat needed filling. Its answer applied to the positions nominated by the two named associations under the cited Terrebonne statute. It did not decide how nominations worked for other boards with different enabling laws.

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

How many names were needed for one vacancy in an association-nominated seat?

The AG said six. The original three-seat appointment used a six-name list, and the vacancy provision repeated that method.

Did the number fall when only one of the three seats became vacant?

No. The opinion held that the statutory original-appointment method still controlled the single vacancy.

Which organizations' nominations did the opinion address?

It addressed seats nominated by the Houma-Terrebonne Chamber of Commerce and the South Central Industrial Association for the Terrebonne Economic Development Authority.

Who made the final appointments?

The quoted statute assigned appointment of those commissioners to the Terrebonne Parish Council, choosing from the association-nominated lists.

Background and statutory framework

LSA-R.S. 33:130.252(A)(2) set out the two association nomination lists and the council's appointment role. LSA-R.S. 33:130.252(B)(1)(a) required vacancies to be filled in the manner of the original appointment. The AG applied that cross-reference literally to the six-name list, regardless of the number of seats then open.

Citations

• LSA-R.S. 33:130.252(A)(2) (original association nominations and council appointments).
• LSA-R.S. 33:130.252(B)(1)(a) (vacancy method).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0441

Original opinion text

May 16, 2006
OPINION NUMBER 05-0441

61 Laws – General
Courtney E. Alcock
If an original appointment to the Terrebonne Economic
Attorney at Law
Development Authority required that six names be submitted
from various associations, then any subsequent vacancies
7833 Main Street
should be filled in the same manner.
Houma, LA 70360

Dear Ms. Alcock:

Your request for an Attorney General opinion was forwarded to me for research and reply. You asked how many nominations would be sufficient to consider filling a vacancy in one of three positions nominated by the South Central Industrial Association and the Houma-Terrebonne Chamber of Commerce. Your concern is that LSA-R.S. 33:130.252(A) pertaining to the original appointment of members to the Terrebonne Economic Development Authority Board of Commissioners is ambiguous in that there is no set procedure outlining how many candidates are necessary to be presented to the Council for each individual Commission slot.

LSA-R.S. 33:130.252(A)(2) in pertinent parts provides the following:

(c) Three members shall be appointed by the Terrebonne Parish Council, one of whom shall be an African American, selected by the council from a list of six names nominated by the Houma- Terrebonne Chamber of Commerce. (emphasis added).

(d) Three members shall be appointed by the Terrebonne Parish Council, one of whom shall be a woman, selected by the council from a list of six names nominated by the South Central Industrial Association. (emphasis added).

Pursuant to the statutory provisions, the original appointment called for the nomination of six names by each association. Upon the initial appointment three vacancies from each association had to be filled whereas now only one of the three has to be filled. Now the question becomes whether a list of six names should be submitted in order to fill one vacancy. The answer is yes.

Page 2

COURTNEY E. ALCOCK
OPINION NUMBER 05-0441
Page - 3 –

LSA-R.S. 33:130.252(B)(1)(a) provides that: Any vacancy in the membership of the board of commissioners,…shall be filled in the manner of the original appointment….

In conclusion, it is the opinion of this office that the original appointment required that six names be submitted from each association. Accordingly, any vacancies occurring should be filled in the same manner of the original appointment which was from a list of six nominees.

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Sincerely,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ___
CHARLENE PATTERSON
Assistant Attorney General

/cp
Enclosure

Page 3

COURTNEY E. ALCOCK
OPINION NUMBER 05-0441
Page - 3 –

05-0441

61 Laws – General

LSA-R.S. 33:130.252(A); LSA-R.S. 33:130.252(B)(1)(a)

If an original appointment to the Terrebonne Economic Development Authority required that six names be submitted from various associations, then any subsequent vacancies should be filled in the same manner.

Courtney E. Alcock
Attorney at Law
7833 Main Street
Houma, LA 70360

Date Received:
Date Released: May 16, 2006

Charlene Patterson
Assistant Attorney General