Could Sibley’s police chief increase a part-time officer’s hours and pay without town council approval?
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This page answers the general question as of 2006. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
Sibley's mayor asked whether the police chief could increase a part-time officer's hours and pay when money was in the budget. The AG gave different answers for hours and salary. As chief law-enforcement officer with supervision of the department, the chief could increase the officer's part-time hours. He could not unilaterally raise the officer's pay; he could recommend an increase to the mayor and board of aldermen, who could effectuate it by ordinance.
The opinion relied on earlier AG opinions for the salary point and R.S. 33:423 for the chief's operational authority. It did not treat a budget balance by itself as authority for the chief to set compensation.
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 chief assign more part-time hours?
The AG said yes. It treated scheduling and supervision as part of the chief's authority to run the department.
Could the chief increase the officer's hourly pay on his own?
No. The opinion said the chief could recommend a salary increase to the mayor and aldermen, who could effectuate it by ordinance.
Did having funds in the budget change the pay answer?
The request assumed budgeted money, but the AG still distinguished salary-setting from the chief's hours authority and did not grant unilateral pay-setting power.
Background and statutory framework
The opinion cited LSA-R.S. 33:423 for the chief's departmental supervision. It invoked earlier opinions on the mayor and aldermen's authority over police salary increases, then applied the distinction to Sibley's part-time officer.
Citations
- LSA-R.S. 33:423 (chief's law-enforcement and supervision role).
- La. Atty. Gen. Op. Nos. 00-113 and 00-366 (prior salary opinions cited).
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0111
Original opinion text
September 14, 2006
OPINION NUMBER 06-0111
77 - OFFICERS – LOCAL & MUNICIPAL
Larry Merritt, Mayor
LSA-R.S. 33:423
Town of Sibley
P. O. Box 128
The chief of police, as the chief law enforcement officer, is in
the best position to determine how to run his department
345 N Main Street
efficiently and effectively. As such, it is within the police chief’s
Sibley, Louisiana 71073
authority, by virtue of LSA-R.S. 33:423 to increase an officer’s
part-time hours.
Dear Mayor Merritt:
Your request for an Attorney General’s opinion was forwarded to me for research and reply. You specifically asked whether the Chief of Police has the authority to increase the rate of pay and hours worked for a part-time officer without the Council’s approval if the money is in the budget.
Our office specifically addressed the question of increasing the salary of police personnel in La. Atty. Gen. Op. Nos. 00-113 and 00-366 (see attached) wherein we opined that increasing the salaries of police personnel is a power vested in the mayor and board of alderman subject to the recommendation of the chief of police. We concluded that the chief of police could not unilaterally increase the salaries of his employees. Rather, he could only recommend salary increases to the mayor and board of alderman who could, by ordinance effectuate the salary increase.
As it relates to increasing the part-time hours of police personnel, pursuant to LSA-R.S. 33:423, the chief of police is the chief law enforcement officer of the municipality and, as such, he has the inherent powers of supervision and control over the police department. This office has concluded many times that the chief of police, as the chief law enforcement officer, is in the best position to determine how to run his department efficiently and effectively. Accordingly, it is our opinion that it is certainly within the police chief’s authority, by virtue of LSA-R.S. 33:423 to increase an officer’s part-time hours.
Page 2
Opinion No. 06-0111
Hon. Larry Merritt
Mayor, Town of Sibley
Page: -2-
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
CCR, Jr./CP
enclosure
Page 3
Opinion No. 06-0111
Hon. Larry Merritt
Mayor, Town of Sibley
Page: -3-
SYLLABUS
OPINION 06-0111
77 - OFFICERS – LOCAL & MUNICIPAL
LSA-R.S. 33:423
The chief of police, as the chief law enforcement officer, is in the best position to determine how to run his department efficiently and effectively. As such, it is within the police chief’s authority, by virtue of LSA-R.S. 33:423 to increase an officer’s part-time hours.
Larry Merritt, Mayor
Town of Sibley
P. O. Box 128
345 N Main Street
Sibley, Louisiana 71073
DATE RECEIVED:
DATE RELEASED: September 14, 2006
Charlene Patterson
Assistant Attorney General
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