Who appointed a replacement after a Reeves village alderman resigned?

Plain-English summary

Reeves's mayor asked who filled a vacancy on the village board of aldermen after a resignation. The 2013 opinion said the governing authority, not the mayor, appointed the replacement. For Reeves, that meant the two remaining aldermen. The opinion quoted a twenty-day appointment period and said the mayor, as presiding officer, voted only if those members tied.

If the mayor refused to break a tie, the AG said the aldermen had to notify the governor, who would make the appointment within the period stated in the quoted law. The source heading's month is indistinct in the available scan extract, so this record does not assign an exact issue date.

Currency note

This opinion was issued in 2013. 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.

Historical summary

Remaining aldermen

The AG placed the appointment duty on the village governing authority and said the appointee had to meet the office's qualifications. The mayor's role was limited to a tie-breaking vote.

Mayor and governor's office

The opinion quoted a procedure for notifying the governor if a tie persisted because the mayor failed or refused to vote. It did not treat the mayor as the initial appointing authority.

Common questions

Could the mayor choose the new alderman alone?

No. The AG said the governing authority made the appointment and the mayor voted only to break a tie.

Who acted for Reeves's three-member board after one resignation?

The opinion said the two remaining aldermen were responsible for filling the vacancy.

What if the mayor refused to break a tie?

The AG said the board had to notify the governor, who would then appoint a replacement under the quoted procedure.

Background and statutory framework

The opinion quoted La. R.S. 33:385(B) on alderman vacancies and La. R.S. 18:602(A) on governing-authority appointments. It explained the then-applicable twenty-day period and the presiding officer's limited tie-breaking role.

Citations

• La. R.S. 18:602: vacancy appointment procedure.
• La. R.S. 33:385(B): village alderman vacancy and tie provision.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0047

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

JU 282013
OPINION 13-0047

77-0FFICERS-Local & Municipal; Selection, Qualifications & Tenure;
Vacancies

R.S. 18:602; R.S. 33:382(B); R.S. 33:385(B) Honorable Scott Walker
Mayor, Village of Reeves
Pursuant to La. R.S. 18:602, the governing authority of a village, and
not the mayor, shall appoint an individual to fill a vacancy on the Board
18370 Highway 190
of Aldermen. The governing authority shall have twenty (20) days to fill
Reeves, Louisiana 70658
the vacancy, the failure of which shall authorize the governor to make
such an appointment.

Dear Mayor Walker:

You submitted an opinion request about the appointment process for the Board of Aldermen when a vacancy arises. In particular, you ask whether the Mayor or the Board of Aldermen of the Village of Reeves is responsible for appointing an individual to serve on the Board of Aldermen in the event of a vacancy due to resignation.

Pursuant to La. RS. 33:382(B), villages are statutorily required to have three members serving on the Board of Aldermen who must be elected at large. La. R.S. 33:385(B) sets forth the specific process that must be followed when there is a vacancy on the Board of Aldermen:

A vacancy in the office of alderman shall be filled pursuant to RS. 18:602.
In the event of a tie vote in filling a vacancy, the mayor as the presiding officer shall vote to break the tie. If the mayor fails or refuses to do so, the members of the board of aldermen shall notify the governor of the existence of the vacancy, and within ten days after he receives the notice, the governor shall make an appointment to fill the vacancy.

(West 2013).

La. RS. 18:602(A), referenced in the foregoing statutory provision, provides as follows:

When a vacancy occurs in the office of a member of a parish or municipal governing authority or a combination thereof, a mayor, or any other local or municipal office, except an office covered by Subsections Band C of

Page 2

Scott Walker, Mayor
Opinion 13-0047
Page 2

this Section and except the office of judge, state legislator, or marshal of a city or municipal court, and the office is filled by election wholly within the boundaries of a local governmental subdivision, the governing authority of the local governmental subdivision where the vacancy occurs shall within twenty days appoint a person to fill the vacancy who meets the qualifications of the office. However, if the deadline for making the appointment falls on a Saturday, Sunday, or other legal holiday, then the next day which is not a Saturday, Sunday, or legal holiday shall be deemed to be the final day for making such appointment.
The presiding officer of the governing authority shall not be required to vote on such an appointment to be made by the governing authority of a local governmental subdivision unless a tie vote occurs thereon, in which case he shall vote to break the tie; however, in no case shall the presiding officer vote more than once on the appointment.

(West 2013)(emphasis added).

Based on the aforementioned statutes, it is this office's opinion that when there is a vacancy on the Board of Aldermen in a village, then it is the governing authority's responsibility, and not the mayor's responsibility, to appoint a qualified person to fill the vacancy within twenty (20) days. In this case, the remaining two members of the Board of Aldermen of the Village of Reeves would be responsible for filling this vacancy. Only in the event of a tie may the Mayor, as presiding officer, vote. However, if the Mayor refuses to vote and a tie persists, then the Board of Alderman must notify the Governor, who will then have ten (10) days to appoint a replacement to Board.

We hope that this information sufficiently answers your inquires. If we can be of further assistance, please do not hesitate to contact us.

Very truly yours,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

By:
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M HERINE K. G EEN
.
Assistant Attorney General
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