Did a Louisiana fire district have to write a job description for its part-time secretary-treasurer?

Plain-English summary

In 2015, the Louisiana Attorney General found no law requiring Terrebonne Parish Fire District No. 10 to write a job description for its part-time secretary-treasurer. On the supplied facts, the AG treated the position as outside classified civil service because it was part time and was not a secretary position specifically included in that service. The district could choose to create a description, and the civil service board could help with personnel standards.

Currency note

This opinion was issued in 2015. 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

Q: Did the fire district have to create a description for the secretary-treasurer job? A: The AG found no statute or court opinion requiring one for the part-time position described in the request.

Q: Why did the AG treat the position as unclassified? A: It relied on the part-time exemption and the provision excluding secretaries not specifically placed in classified service under La. R.S. 33:2541.

Q: Could the district write a job description anyway? A: Yes. The opinion said the district could do so and identified the civil service board's role in advising on personnel standards.

Background and statutory framework

The fire chief said the district had eight full-time employees with job descriptions and one part-time secretary-treasurer without one. The AG distinguished requirements for classified positions from the unclassified position presented and cited the district's corporate powers in La. R.S. 40:1500 and the board's personnel-advice duties in La. R.S. 33:2537.

Citations and references

• La. R.S. 33:2541, classified and unclassified positions.
• La. R.S. 33:2537, civil service board personnel duties.
• La. R.S. 40:1500, fire district corporate powers.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0037

Original opinion text

~ta:te rrf 1fi.uuisia:na:
DEPARTMENT OF JUSTICE
P.O. BOX 9400S
BATON ROUGE

JAMfS D. "BUDDY" CALDWEll
70B04-9005
ATTORNEY GENERAL
August 26, 2015
Opinion 15-0037

47-A-1 Fire Protection Districts
Quint Liner
La. Const. art. X, sec. 16
Fire Chief
Terrebonne Parish Fire District #10
La. R.S. 33:2471 et seq.
La. R.S. 33:2531 et seq.
1038 Falgout Canal Rd.
La. R.S. 40: 1491 et seq.
Theriot, LA 70397
There is no statute which requires the secretary­ treasurer of the Terrebonne Parish Fire Protection
Dear Mr. Liner: District No.1 a to have a job description.

Your question concerning the necessity of job descriptions for an employee of a fire protection district has been assigned to me for research and reply. You indicate that the Terrebonne Parish Fire Protection District #10 ("FPD #10") has eight full-time employees and one part-time employee. You further indicate that the eight full-time employees have job descriptions, but that the one part-time employee, who serves as secretary-treasurer, currently has no job description. You ask whether there is a law that requires the secretary-treasurer position to have a job description. You have also noted that the secretary-treasurer is not a board member nor delegated to fulfill a board member's role, thus La. RS. 40:1497 is not relevant to your inquiry.

La. Const. art. X, sec. 16 provides for a classified civil service system for fire protection districts. La. RS. 33:2531 et seq. sets forth the fire and police civil service law for fire protection districts.

When a civil service system is established, a plan must be created which includes job positions and job specifications for all positions in the classified service. La. R.S.
33:2543. State law requires that the classified service system shall comprise every position, except those included in the unclassified service, to which the right of employee selection, appointment, supervision, and discharge is vested in the government of the municipality, parish or fire protection district. La. RS. 33:2541 (A) contains a list of certain positions and duties to be included in the classified civil service.
Section B of La. RS. 33:2541 outlines positions which comprise the "unclassified" system of service.

Based on the facts you provided to our office, we do not think that the part-time secretary-treasurer position at FPD #10 falls within the classified civil service system.
Further, you have indicated that this position is part-time, and part-time employees are exempt from classified civil service. La. RS. 33:2541 (B)(4). See also La. Atty. Gen.
Op. No. 11-0272A. Further, La. RS. 33:2541(B)(3) expressly excludes secretaries who

Page 2

Opinion 15-0037
Mr. Quint Liner
Page 2

are not specifically included in the classified service from the classified civil service. Therefore, the secretary-treasurer position would be an unclassified position.

Our office is not aware of any existing statute or court issued opinions which require the part-time secretary-treasurer of a fire protection district to have a job description. However, this would not prevent the creation of a job description for this position if the fire protection district wants to have one.

La. R.S. 40:1500 states, in pertinent part, "[f]ire protection districts shall constitute public corporations and as such shall have all the powers of public corporations, including perpetual existence and the right and power to incur debt and contract obligations, to sue and be sued, and to have a corporate seal." A public corporation such as this largely has the ability to determine the functions of a secretary, treasurer, or secretary­ treasurer.

If the board governing FPD #10 wishes to create a job description and seeks assistance doing so, we note that, under La. R.S. 33:2537, the duties of a fire protection district civil service board include the duties to advise and assist the fire protection district with personnel standards and administration, as well as to make and promulgate rules for personnel policy.

We hope this opinion adequately addresses the concerns you have raised. If you have any further questions, please do not hesitate to contact our office.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

By:~$1tIR
J r y M. Wale
Assistant Attorney General

Joe: JMW