Was Plain Dealing's elected town marshal eligible for Louisiana municipal police retirement as a police chief?

Plain-English summary

Plain Dealing's elected town marshal asked whether he counted as an elected chief of police for membership in the Municipal Police Employees' Retirement System. In this October 2013 opinion, the AG said yes. The town's special charter, as amended, expressly made the marshal its police chief, and the marshal reported pay above the statutory monthly threshold.

The AG did not rely on the general rule for Lawrason Act municipalities. Plain Dealing operated under its own special charter. Earlier AG opinions had said the charter controlled the marshal's role; the later amendment supplied the express chief-of-police designation.

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

Town marshals and municipal officials

The opinion treated this elected marshal as police chief because Plain Dealing's amended charter explicitly assigned that office. Its answer was tied to this town's charter rather than the rule for other forms of municipality.

Retirement administrators

The AG applied the retirement system's definition of an employee, which included an elected police chief meeting a minimum monthly salary. The marshal reported a salary above that threshold, so the opinion found him eligible for membership.

Common questions

Did Plain Dealing's marshal qualify for municipal police retirement?

The AG said yes. The special charter made him an elected chief of police, and his reported salary met the threshold discussed in the opinion.

Would every Louisiana town marshal receive the same answer?

The opinion expressly distinguished Plain Dealing's special charter from the Lawrason Act rule. Its conclusion rested on the text of Plain Dealing's charter amendment and this marshal's stated pay.

Why did the charter amendment matter?

Earlier AG analysis had said the special charter governed the marshal's status. The amendment later declared that the town marshal would be its chief of police.

Background and statutory framework

Plain Dealing's charter, amended by a 1999 ordinance approved by the governor, identified the elected marshal as chief of police. The AG then applied the Municipal Police Employees' Retirement System membership provisions in La. R.S. 11 :2213 and La. R.S. 11 :2214. The opinion described a monthly salary threshold of one hundred dollars for an elected chief of police.

Citations

• La. R.S. 11 :2213 and La. R.S. 11 :2214: employee definition and retirement membership discussed by the AG.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0145

Original opinion text

·'

~tate of 1fiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

JAMES D. "BUDDY" CALDWELL
70804-9005
ATTORNEY GENERAL

OCT 172013
OPINION 13-0145

    Mr. Ronnie E. Murray                          92-A-20) RETIREMENT-Municipal      Police   Employees;   Harbor

Police
Town Marshal
Plain Dealing Police Department
La. R.S. 11 :2211, et seq.
P.O. Box 426
The elected Town Marshal for the Town of Plain Dealing should be
Plain Dealing, Louisiana 71064
treated as an elected chief of police for the purposes of
determining membership eligibility in the Louisiana Municipal Police Employees' Retirement System.

Dear Marshal Murray:

Our office received your request for an opinion regarding whether the elected Town Marshal for the Town of Plain Dealing should be treated as an elected Chief of Police for the purposes of determining membership eligibility in the Louisiana Municipal Police Employees' Retirement System ("MPERS").

It is well established that in Lawrson Act Municipalities, lithe marshal shall be the chief of police." See La. R.S. 33:423. However, this law is inapplicable to the Town of Plain Dealing, which operates under a Special Charter adopted on April 24, 1890.

In La. Atty. Gen. Op. No. 98-176, this office was asked whether the office of Town Marshal for the Town of Plain Dealing is the 'same as the office of Chief of Police. This office opined as follows:

[O]ur research indicates that the Town of Plain Dealing operates under a Special Charter of 1890 pursuant to the authority of Act 49 of 1882, "to prescribe the manner in which cities and towns may obtain charters or acts of incorporation." Under that Act, upon petition of a majority of property tax payers, there was an election for Mayor and Five Councilmen. The elected and commissioned mayor and council then prepared a charter for submission to the electors which, upon favorable vote, became the charter of the town. It is our understanding that Section 27 of the charter provides for a marshal to be elected every two years.

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OPINION 13-0145
Marshal Ronnie E. Murray
Page 2

Accordingly, your Charter will govern the status, power and duties of the Marshal, and statutes, court decisions, and opinions of this office relative to a Lawrason Act Community are not controlling.

This office further opined that, "the position of the Marshal as Chief of Police could be clarified by amendment to the Charter" and that an amendment of the Charter shall comply with La. RS. 33:1181. See La. Atty. Gen. Op. No. 98-176.

We note that the Town of Plain Dealing proposed an amendment to the Charter by Ordinance No. 1 of 1999 ("Ordinance No.1"), which was adopted by a majority vote on June 8, 1999. Ordinance NO.1 affected Sections 3 through 31 of the Charter, relative to government of the town.

In La. Atty. Gen. Op. No. 99-203, this office was asked whether the proposed amendment to the Charter of the Town of Plain Dealing, Ordinance No.1, was in compliance with RS. 33:1181, and whether the amendment was consistent with the constitution and laws of the United States and the State of Louisiana. This office opined "that the Town of Plain Dealing has complied with the provisions of RS. 33:1181 and that the proposed amendments [Ordinance No. 1 of 1999] to the special charter of the Town of Plain Dealing comply with the constitution and laws of the United States and the State of Louisiana, including the Lawrason Act." See La. Atty. Gen. Op. No. 99-203. Ordinance NO.1 was approved by Governor M.J. "Mike" Foster on August 9, 1999.

Ordinance No.1 provides that the Town Marshal is an elected officer for the Town of Plain Dealing. See Section 3 (A)-(B). Ordinance No. 1 further states that the Town Marshal shall be the Chief of Police. See Section 9 (A).

Although the amount of your salary was not included in your opinion request, you indicated to this office that your salary is in excess of one hundred dollars per month.

We now turn to the law governing, MPERS. MPERS was created in 1973. See La. RS. 11 :2211, et seq. Membership in MPERS is limited to employees as defined by La. RS. 11 :2213. See La. R.S. 11 :2214. The definition of the term "employee" includes any elected chief of police whose salary is at least one hundred dollars per month. See La. RS.11 :2213(11 )(a)(iv). As an elected chief of police with a salary in excess of one hundred dollars per month, you are considered an "employee" according to the provisions of La. RS. 11 :2213 and are eligible for membership in MPERS.

In conclusion, it is the opinion of this office that the elected Town Marshal for the Town of Plain Dealing should be treated as an elected Chief of Police for the purposes of determining membership eligibility in the Louisiana Municipal Police Employees' Retirement System.

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OPINION 13-0145
Marshal Ronnie E. Murray
Page 3

We hope that this opinion adequately addresses the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

BY: ·??zorMutw~.(~
Madeline S. Carbonette
Assistant Attorney General

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