Could a Louisiana mayor give an appointed town clerk a raise without the board of aldermen?

Plain-English summary

Grand Coteau’s town attorney asked whether the mayor could raise the appointed clerk’s pay without approval from the board of aldermen. In October 2015, the Attorney General answered no. For a Lawrason Act municipality, the AG read La. R.S. 33:404.1 as giving the board authority to increase the compensation of a nonelected municipal officer, including the town clerk.

The opinion quoted a statute saying the board "may by ordinance increase or decrease" compensation for nonelected municipal officers. It also cited an earlier AG opinion that reached the same conclusion about a town clerk’s salary. The mayor could not grant the raise alone.

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

Could the mayor approve the clerk’s raise without the board?

No. The AG said the board of aldermen, not the mayor acting alone, had authority to increase the appointed clerk’s compensation.

How did the statute say the board could change pay?

The opinion quoted La. R.S. 33:404.1 as allowing the board of aldermen to increase or decrease a nonelected municipal officer’s compensation by ordinance.

Did the answer depend on the clerk being elected?

The request identified an appointed clerk, and the AG treated that position as a nonelected municipal office under the provision it applied.

Background and statutory framework

Grand Coteau used the mayor-board of aldermen form of government under the Lawrason Act. The AG applied La. R.S. 33:404.1’s compensation rule to the appointed town clerk and concluded that a unilateral mayoral raise lacked the necessary board approval.

Citations

• La. R.S. 33:404.1 (board authority over nonelected municipal-officer compensation).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0088

Original opinion text

~tltte of lfioui13iltnlt
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

JAMES D. "BUDDY" CALDWEll
70B04-9005
ATIORNEY GENERAL
October 12, 2015
OPINION 15-0088

Chad J. Pitre
71 MUNICIPALITIES
90-A-' PUBLIC FUNDS s CONTRACTS
Town Attorney
Town of Grand Coteau
La. R.S. 33:321 el seq.
La. R.S. 39:1301 el seq.
111 N. Court St.
Opelousas, LA 70570
Pursuant to La. R.S. 33:404.1, the board of aldermen
of a lawrason Act municipality is the proper authority to grant a pay increase to the town clerk.

Dear Mr. Pitre:

Your question regarding the Town of Grand Coteau ("Town") has been assigned to me for research and reply. Specifically, you ask if the Mayor may unilaterally grant a pay increase to an appointed town clerk without approval from the Board of Aldermen.

The Town is governed by a mayor-board of aldermen form of government under the Lawrason Act, La. RS. 33:321-481. The governing authority is vested with all powers, rights, privileges, immunities, authorities, and duties and may perform any function necessary, requisite, or proper for the management of its affairs not denied by law.

La. R.S. 33:404.1 governs the compensation of the elected officials and municipal officers in a municipality. It additionally provides that, "[t]he board of aldermen may by ordinance increase or decrease their compensation and the compensation of any nonelected municipal officer and may increase the compensation of other elected officials." La. RS. 33:404.1. The statute is clear that the board of aldermen has the authority to grant a pay increase to a nonelected official, which includes the town clerk.
See La. RS. 33:381 (A). Our office considered a similar question in La. Atty. Gen. Op.
No. 97-492 and, relying on La. RS. 33:404.1, concluded the board of aldermen in a Lawrason Act municipality is the appropriate authority to fix the salary of the town clerk.

In light of the above, it is the opinion of our office that the mayor may not unilaterally grant a pay increase to an appointed town clerk. Such an action requires approval from the board of aldermen.

Page 2

Opinion 15-0088
Mr. Chad Pitre
Page 2

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 O. "B.uddy" Caldwell
ATTORNEY GENERAL

BY: ~'k
Jed!6YM. Wale
Assistant Attorney General

JOC: JMW