Did Kenner owe back pay after suspending its chief administrative officer before a felony conviction?

Plain-English summary

Kenner suspended its former chief administrative officer without pay on September 20, 2005. He was arrested three days later; the opinion says no criminal charges had yet been filed. He later resigned and sought pay and benefits for the months between suspension and resignation. The Attorney General said the unpaid suspension was premature under R.S. 42:1411 because the statutory suspension without compensation followed a felony conviction, which had not occurred in the facts presented.

The AG concluded the city owed salary plus insurance and retirement benefits from September 20, 2005, the suspension date, until June 20, 2006, the formal resignation date. The opinion addressed this officer and this statute; it did not analyze every possible employment or disciplinary rule.

Currency note

This opinion was issued in 2006. Later statutory amendments, court decisions, or AG opinions may have changed suspension and compensation rules. Verify current law and the employee's status before applying it elsewhere.

What this means for you

Mayors and public-employment officials

Before withholding a public officer's pay because of a criminal matter, check the event that triggers the applicable suspension rule. The AG distinguished an arrest or anticipated charge from the felony conviction specified in R.S. 42:1411 and treated the earlier unpaid leave as improper.

Officers seeking back pay

For the fact pattern in this opinion, compare the suspension and resignation dates and include insurance and retirement benefits in the compensation review. The AG ended the reimbursement period at formal resignation.

Common questions

Was an arrest enough for suspension without compensation under this statute?

No. The AG quoted R.S. 42:1411 as making felony conviction the trigger for that statutory suspension without pay, and found no such conviction in the request.

What did Kenner owe under the opinion?

Salary, insurance, and retirement benefits for the period from the unpaid suspension on September 20, 2005, to the officer's resignation on June 20, 2006.

Did the AG address criminal guilt or innocence?

No. It applied the timing of the statutory compensation rule to the suspension facts and did not decide a criminal case.

Background and statutory framework

R.S. 42:1411, as quoted by the AG, removed a public officer for a felony conviction during the term and automatically suspended the officer without compensation upon conviction pending appellate review. The city had stopped the chief administrative officer's pay earlier. The AG therefore treated his unpaid suspension as contrary to that statute and concluded he was entitled to reimbursement through resignation.

Citations

• R.S. 42:1411 (felony conviction, suspension, and compensation).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0217

Original opinion text

August 15, 2006
OPINION 06-0217

Honorable Edmond J. Muniz 90-A Political Subdivisions –Officers, Agents & Employees
Mayor
R.S. 42:1411
City of Kenner
Chief administrative officer was improperly suspended and
must be reimbursed his salary and benefits for the period
1801 Williams Blvd.
between his suspension and his formal resignation.
Building B, Suite 200
Kenner, LA 70062

Dear Mayor Muniz:

You advise this office that Mr. Cedric Floyd was the Chief Administrative Officer of a prior administration in Kenner. He was suspended without pay by the former mayor on September 20, 2005. He was arrested by the Kenner Police Department on September 23, 2005. Criminal charges have yet to be filed against Mr. Floyd by the district attorney; however, he formally resigned his position on June 20, 2006 and has requested that he be paid his salary and all benefits for the time between his suspension and his resignation.

Mr. Floyd was suspended because of pending criminal charges; however, LSA-R.S. 42:1411 provides that a public officer shall be suspended from his office without compensation upon conviction of a felony rather than upon indictment for a criminal offense. R.S. 42:1411(A) and (B) provide:

§ 1411. Public officer; ground for removal; suspension; definitions

A. A public officer shall be removed from office for conviction, during his term of office, of a felony.
B. The conviction for a felony of a public officer shall automatically suspend that individual from his public office without compensation. The suspension from public office without compensation shall continue until the conviction is final and all appellate review of the original trial court proceedings is exhausted. During the period of suspension, the public official shall not perform any official act, duty, or function nor shall he receive any compensation, pay, allowance, emolument, or privilege of his office. If the conviction is reversed on appeal, the public official shall be entitled to and shall receive full back pay with legal interest thereon from the date of suspension, compensation, and all rights, duties, powers, allowances, emoluments, and privileges of office to which he would have been entitled had he not been suspended.

Page 2

Honorable Edmond J. Muniz, Mayor
OPINION 06-217
Page 2

Thus, it is our opinion that the chief administrative officer was improperly placed on leave without pay in contravention to R.S. 42:1411. Since Mr. Floyd’s suspension was premature, he is entitled to be reimbursed for his salary for the period between the date of his suspension and the date he formally resigned. His compensation includes his insurance and retirement benefits.

This office has issued a similar conclusion in Attorney General Opinion 02-0321 concerning the improper suspension without pay of a parish employee. We attach a copy of that opinion for your review.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 3

Honorable Edmond J. Muniz, Mayor
OPINION 06-217
Page 3

SYLLABUS

OPINION 06-0217

90-A Political Subdivisions –Officers, Agents & Employees

R.S. 42:1411

Chief administrative officer was improperly suspended without pay and must be reimbursed his salary and benefits for the period between his suspension and his formal resignation.

Honorable Edmond J. Muniz
Mayor
City of Kenner
1801 Williams Blvd.
Building B, Suite 200
Kenner, LA 70062

Date Received:

Date Released: August 15, 2006

Kerry L. Kilpatrick
Assistant Attorney General