Did a Scott city council member lose the seat after moving out of the ward that elected him?

Plain-English summary

Scott's mayor asked what happened when a council member still lived in the city but no longer lived in the ward that elected him. The AG said a Lawrason Act alderman had to remain both a municipal elector and a resident of the electing ward. Once the board of aldermen determined that the member no longer met the residency requirement, it had cause to declare the seat vacant. The move itself did not automatically vacate the office; a board declaration was required.

The opinion then described the vacancy process. The board had to appoint a qualified replacement within ten days of the vacancy, with the governor empowered to act if it did not. A special election was required only when more than one year remained in the unexpired term. In the situation presented, less than a year remained, so the appointee would serve until the regular election and successor's qualification. The opinion did not decide a separate future question about the member's house being built outside city limits.

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 the council member stay in office after moving outside his ward but remaining in Scott?

The AG said a ward-elected alderman had to retain a residence in that ward. If the board determined the requirement was no longer met, it could declare the position vacant.

Did the move itself make the seat automatically vacant?

No. The opinion said the board of aldermen had cause to declare a vacancy if it found the residency qualification was lost; the move did not itself make the seat vacant.

Who filled the seat once the board declared a vacancy?

The board had to appoint a qualified person within ten days; the governor could fill the vacancy if the board failed to act, under the process the opinion described.

Was a special election required for this vacancy?

The AG said no because less than one year remained in the term. It described an appointed member serving until the regular election and a successor taking office.

Background and statutory framework

The opinion read La. R.S. 33:385(A)'s alderman-residency requirement with La. R.S. 18:581(1)'s definition of an electoral vacancy. It then applied La. R.S. 33:385(B) and La. R.S. 18:602 to filling a declared vacancy. The facts included a council member who had moved outside his ward and was constructing a house outside city limits; the AG's analysis turned on current ward residency and the board's declaration.

Citations

• La. R.S. 33:385(A) (alderman qualifications and ward residence).
• La. R.S. 18:581(1) (loss of residence or domicile qualifications).
• La. R.S. 33:385(B) and La. R.S. 18:602 (declared vacancy process).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0037

Original opinion text

November 21, 2006
OPINION NO. 06-0037

77 - OFFICERS - LOCAL & MUNICIPAL; SELECTION,
Honorable Hazel D. Myers
QUALIFICATIONS AND TENURE; VACANCIES
Mayor, City of Scott
La. R.S. 33:384; La. R.S. 33:385(A), La. R.S. 18:581(1),
P. O. Box 517
La. R.S. 33:385(B), La. R.S. 18:602
Scott, Louisiana 70583
In a Lawrason Act municipality, a councilman (alderman) must be an elector of the municipality and must retain a
Dear Mayor Myers: residence within the particular district from which he is
elected.

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask whether any action needs to be taken regarding a city councilman who still lives in the city but no longer lives in his district?

You also state that this councilman is in the process of having a house built which is out of the city limits.

In a Lawrason Act municipality, such as the City of Scott, a councilman (alderman) must be an elector of the municipality and must have been domiciled for at least the immediately preceding year in the municipality. Further, a councilman must retain a residence within the particular district from which he is elected in order to retain the qualifications of office. The statutes governing this matter are found within La. R.S. 33:384, and 33:385, providing:

§ 384. Qualifications of mayor
The mayor shall be an elector of the municipality who at the time of qualification as a candidate for the office of mayor shall have been domiciled and actually resided for at least the immediate preceding year in the municipality.

§ 385. Qualifications of alderman, vacancies, office holding; contracting
A. The qualifications of the alderman shall be the same as are prescribed for the mayor, and in addition, those elected from wards must be residents of their respective wards.

Our office has consistently opined that in a Lawrason Act municipality an alderman must remain a resident of the district from which he is elected in order to retain the qualifications of office. (See Attorney General Opinions 92-350, 97-4 and 98-326 which have been attached for your review.)

Page 2

OPINION NUMBER 06-0037
Hazel D. Myers
Mayor, City of Scott
Page 2

If the determination is made by the Board of Aldermen that the alderman in question no longer meets the statutory residency requirements, the Board has cause to declare the position vacant. The alderman’s position does not become vacant merely because the official has moved; the vacancy must be declared by the Board.

According to La. R.S. 18:581 (1), a “vacancy” occurs in an elective office . . . when the person elected to or holding the office no longer meets the residence or domicile requirements of that office, any declaration of retention of domicile to the contrary notwithstanding.

Louisiana Revised Statute 33:385 (B) dictates that the provisions of La. R.S. 18:602 be followed where a vacancy in the office of councilman is declared. The Board must appoint a person to fill the vacancy who meets the qualifications of the office. The appointment must be made within ten days of the vacancy. If an appointment is not made by the Board, the governor is empowered to fill the vacancy. If the unexpired term exceeds one year, the board must issue a proclamation calling for a special election to fill the vacancy and replace the temporary appointee. This proclamation also must issue within ten days of the vacancy. Since there is less than one year left in the term, a special election is not held. Instead, the appointed councilman serves until the regular election is held, and a successor is elected and takes office.

We trust this sufficiently answers your questions. However, if you should need anything further do not hesitate to contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:__________
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

CCF,Jr:FJP:sc

Attachments

Page 3

OPINION NUMBER 06-0037
Hazel D. Myers
Mayor, City of Scott
Page 2

SYLLABUS

OPINION 06-0037

In a Lawrason Act municipality, a councilman (alderman) must be an elector of the municipality and must retain a residence within the particular district in which he is elected.

Honorable Hazel D. Myers
Mayor, City of Scott
P.O. Box 517
Scott, Louisiana 70583

Date Received:

Date Released: November 21, 2006

Frances J. Pitman
Assistant Attorney General