How often did the Sunset Drainage District have to meet after the parish council became its board?

Plain-English summary

St. Charles Parish asked how often Sunset Drainage District had to meet after the parish council replaced its board. In February 2016, the Attorney General concluded that the district’s bylaws still required at least one regular meeting on the second Monday of each month, unless a majority of its members voted to change the date.

The AG found no statewide statute fixing a drainage district’s meeting frequency, but the district’s existing bylaws supplied its own schedule. The parish ordinance had transferred the old board’s functions to the council, so the council took on the district meeting duty. The opinion said drainage business could be conducted at a regular council meeting if open-meetings notice was met and the council made clear when it was acting for the district.

Currency note

This opinion was issued in 2016. 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

Did state law itself require one drainage district meeting every month?

The AG said no general statute fixed the number. The monthly requirement came from Sunset Drainage District’s bylaws as provided to the office.

Could the parish council change the meeting date?

Yes. Acting as the district board, it could change the date by a majority vote under the bylaws discussed in the opinion.

Could district business be handled during a regular council meeting?

The AG said there was no legislative bar if Open Meetings Law notice was satisfied and the council clearly identified its district capacity.

Did the council’s takeover erase the district bylaws?

No. The AG was unaware of any amendment to the original bylaws and treated the council as inheriting the former board’s responsibilities.

Background and statutory framework

The opinion treated the district as a public body subject to open meetings, with corporate powers and bylaws. It connected La. R.S. 38:1607(C)(1) and the parish’s 2013 ordinance to the council’s replacement of the district board, and applied the district’s longstanding second-Monday meeting rule.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0164

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P.O. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General

February 16, 2016
OPINION 15-0164

Ms. Tiffany K. Clark
90- B- 4 PUBLIC MEETINGS - State & Local Governing Bodies
Council Secretary
La. Canst art. XII, § 3 La. R.S. 42:12
St. Charles Parish La. R.S. 42: 13 La, RS. 42:14 P.O. Box 302 La. RS. 38:1607 La. RS. 12:1-206
Hahnville, LA 70057
The Sunset Drainage District is required to hold at least one
regular meeting on the second Monday of each month, unless the majority of its members vote to change the date.
Dear Ms. Clark:

On behalf of the St. Charles Parish Council ("Council"), you have requested an Attorney General's opinion concerning the number of meetings to be held by the Sunset Drainage District ("SOD"). Specifically, you ask whether the SOD is required to hold a predetermined number of public meetings, and if so, the frequency of meetings.

The Louisiana Constitution protects the right to observe the deliberations of public bodies, except in cases established by law. La. Const. art. XII, § 3. ' The Open Meetings Law, La. R.S. 42:11 et seq., defines the term "public body" to include "special district boards." such as the SOD. Further, as the SOD's board members are subject to the control of a public authority, the SOD is considered a public corporation subject to the Open Meetings Law. 3

La. R.S. 38: 1614 provides that once a drainage district is created it shall have both a corporate status and all the powers of a corporation. The Louisiana law governing corporations is found within the provisions of La. R.S. 12:1-101 et seq. Specific reference is made to La. R.S. 12:1-206 concerning bylaws, which provides in part that "[t]he bylaws of a corporation may contain any provision for managing the business and regulating the affairs of the corporation that is not inconsistent with law or the articles of incorporation." Since there is no statutory requirement over the number of public

1 See generally La. Atty. Gen. Op. Nos. 14-0106 and 13-0189. 2 La. R.S_ 42:13(3). 3 La. R.S. 42:14(A) requires that every meeting of a public body shall be open to the public unless closed pursuant to exceptions provided for within the Open Meetings Law. La. Atty. Gen. Op. No. 14-0106. The law also requires that all votes necessary to conduct business be taken at a public meeting. See La. Atty. Gen. Op. No. 13-0189.

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OPINION 15-0164
Ms. Tiffany K. Clark
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meetings that the SDD is mandated to hold, it follows that the SDD has the power to determine their frequency."

According to the SDD's bylaws provided by your office, since 1924, the SDD is required to hold "[r)egular meetings of the Board for the transaction of current business... on the 2nd Monday of each month." The SDD, however, "from time to time, at its pleasure, [is permitted to) change the date of the meeting upon the majority vote of its members at any meeting of the Board." The SDD can also hold special and emergency meetings, provided that it follows the procedure stipulated in its bylaws."

As noted in your request, the Council is the governing authority of the SDD.8 Pursuant to La. R.S. 38:1607(C)(1), the Council received statutory authorization to replace the board of the SDD. To this end, the St. Charles Parish passed Ordinance No. 13-8-15 ("Ordinance"), appointing and designating the Council as the governing authority of the SDD. Section II of the Ordinance specifically states that "all functions of said Board of Commissioners of the Sunset Drainage District are hereby transferred to the St. Charles Parish Council effective August 15, 2013." Therefore, as the Council has all the functions and responsibilities previously performed by the Board of Commissioners of the SDD, it follows that the Council is required to hold official meetings in the same manner as previously held by the SOD board." Also, when acting as the SOD's governing authority, the Council has authority to change the date of meetings.1O

We are not aware of any records showing that the SDD's original bylaws have been amended. As a result, the Council is subject to the predetermined public meetings requirement as provided in the above SOD's articles." As long as the Council complies with the notice requirements of the Open Meetings Law, there is no legislative prohibition against conducting drainage business at its regular council meeting, provided the Council is clear regarding the capacity in which it is acting. 12

In sum, it is the opinion of this office that the SDD is required to hold at least one regular meeting on the second Monday of each month, unless the majority of its members vote to change the date.

4 See La. Atty. Gen. Op. No. 93-62.
5 SOD's Bylaws, Article IV.
6 1d.
7 SOD's Bylaws, Article V.
a Also see La. R.S. 38:1607(C)(1) and Parish Ordinance 13-8-15. 9 La. Ally. Gen. Op. No. 14-0087. 10 Itis important to note that since the SOD has a separate corporate identity from the Council, the members of the Council should exercise caution to differentiate when they are acting on representation of the SOD and on behalf of the Parish. La. Atty. Gen. Op. No. 14-0087. 11 The SOD's Personnel Policies, Rules and Procedures, which was also provided by your office, do not change this meeting obligation because Section 1(3) of the policy states that "[t]he Board shall meet at such time and place as designated by the Board." 12 See La. Atty. Gen. Op, No. 77-1614.

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OPINION 15-0164
Ms. Tiffany K. Clark
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We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

JEFFL~RY
ATTOR~YGE

By:
Ethel Solache G ham
Assistant Attorney General

JL: ESG