Could Gueydan’s elected police chief keep office after moving outside town, and commute in a city vehicle?

Plain-English summary

Gueydan's mayor asked whether an elected police chief could move outside town during his term and use a city police vehicle to commute. The AG said moving out of the municipality ended the chief's elector qualification and made him ineligible to continue holding the office. It also said the vacancy did not arise automatically in practice; the board of aldermen had to declare it, then follow the vacancy-filling procedure described in the opinion.

The AG separately found no state statute addressing where the city vehicle could travel. It treated that as a local matter and referred the mayor to the city attorney to check any municipal ordinance. The opinion noted that the time to challenge an earlier candidacy qualification had expired; its current-office answer rested on the move during the term.

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

Did the chief remain qualified after moving outside Gueydan?

The AG said no. The elected chief had to remain an elector of the municipality under the statute it applied.

Did the office become vacant without any local action?

The opinion said no. The board of aldermen had to declare the vacancy before applying the appointment or election procedure discussed.

Did the AG authorize commuting in a city police vehicle?

It gave no state-law permission or prohibition. It said local rules governed and suggested checking municipal ordinances with the city attorney.

Background and statutory framework

The opinion applied R.S. 33:385.1's chief-of-police qualifications and R.S. 18:581(1)'s vacancy definition, then described R.S. 18:602's filling process. It distinguished an expired candidacy challenge from a qualification lost after election.

Citations

• LSA-R.S. 33:385.1 (elected chief qualification).
• LSA-R.S. 18:581(1) (vacancy definition).
• LSA-R.S. 18:602 (vacancy-filling procedure).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0091

Original opinion text

May 26, 2006
OPINION NO. 06-0091

77-OFFICERS – LOCAL AND MUNICIPAL; SELECTION, QUALIFICATIONS AND TENURE; VACANCIES

LSA-R.S. 33:385.1
LSA-R.S. 18:1405(A)
Honorable Chris Theriot, Mayor LSA-R.S. 18:581(1)
Town of Gueydan
LSA-R.S. 18:602

600 Main Street
If an elected chief of police has moved out of the municipality, he is no longer
Gueydan, Louisiana 70542
an elector of that municipality and is no longer qualified to hold the office of
chief of police.

Dear Mayor Theriot:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply.

Specifically, you ask the following questions:

1) Whether an elected Chief of Police who met the six-month residency requirement and has served two years of his term can move out of the city and out of the parish?

2) Whether the Chief of Police can use a city police vehicle to commute to and from his home outside of the parish?

With regard to your first question, La. R.S.33:385.1 governs the qualifications for an elected chief of police in a Lawrason Act municipality. This statute is as follows:

§ 385.1 Qualifications of elected chief of police

A. Except as otherwise provided in this Section, an elected chief of police of a municipality shall be an elector of the municipality. At the time of qualification as a candidate for the office of chief of police, he shall have been domiciled for at least the immediately preceding year in the municipality except that a person who resides outside of the corporate limits of the village of Maurice may be elected chief of police.
The provisions of this Section shall not apply to the village of Napoleonville.

Page 2

B. The elected chief of police of a village shall be an elector of the village who at the time of qualification as a candidate for the office of chief of police shall have been domiciled for at least the immediately preceding six months in the village.

It appears that if the Chief of Police was not domiciled in Gueydan for at least a year prior to qualification, he did not meet the qualifications to run for chief of police. However, the time for objecting to his candidacy expired seven days after the close of the qualifying period [La. R.S. 18:1405(A)].

If the Chief of Police has moved out of Gueydan, he is no longer an elector of that municipality and is no longer qualified to hold the office of Chief of Police. 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.

This statute is as follows:

§ 581. Definitions

As used in this Title:

(1) A “vacancy” occurs in an elective office when the office is or will be unoccupied by reason of the death of the official who was elected to the office, or by reason of his retirement or resignation, removal from office by any means, failure to take office for any reason, or when it becomes certain that the person elected to the office will not take the office on the day when the term for which he was elected commences, or 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. (Emphasis added).

A vacancy does not occur automatically, but must be declared by the Gueydan board of aldermen. If a vacancy is declared, within ten days the board of aldermen shall appoint a person to fill the vacancy who meets the qualifications of the office. If the vacancy is not filled within the ten days, the governor shall fill the vacancy. When the unexpired term is one year or less the person appointed to fill the vacancy serves the remainder of the unexpired term. For an unexpired term that exceeds one year, a special election is held. (See La. R.S. 18:602).

Page 3

Your second question asks if the Chief of Police can drive a city police vehicle to and from his home in another parish. A survey to locate a state statute dealing with this issue found nothing. It appears that regulating where a city police vehicle can travel has been left to the local municipalities. It is suggested that you consult your city attorney to determine if your city has an ordinance regulating this travel.

I trust your questions have been answered. However, if you should need anything further from this office, do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:__________
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

CCF, Jr:FJP:sc

Page 4

OPINION NO. 06-0091

77 - OFFICERS – LOCAL AND MUNICIPAL; SELECTION, QUALIFICATIONS AND TENURE;
VACANCIES

LSA-R.S. 33:385.1
LSA-R.S. 18:1405(A)
LSA-R.S. 18:581(1)
LSA-R.S. 18:602

If an elected chief of police has moved out of the municipality, he is no longer an elector of that municipality and is no longer qualified to hold the office of chief of police.

Regulating where a city police vehicle can travel has been left to the local municipalities.

Honorable Chris Theriot, Mayor
Town of Gueydan
600 Main Street
Gueydan, Louisiana 70542

Date Received: 03.20.06
Date Released: May 26, 2006

FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL