Could Elton's aldermen require its elected mayor to work set hours or file a timesheet?

Plain-English summary

Elton's elected mayor asked whether the board of aldermen could require her to work a set number of hours, follow a fixed schedule, or record time worked. The official opinion said the board could not impose those requirements by ordinance or resolution.

The AG treated Elton as a Lawrason Act municipality. Under that framework, the mayor was its chief executive officer with authority to supervise municipal administration. The opinion relied on earlier AG views that an ordinance interfering with the mayor's conduct of daily operations was improper. Requiring a timesheet or set work hours would limit that executive role.

Currency note

This opinion was issued in 2023. 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 aldermen require the mayor to work full-time hours?
No. The AG said the board could not impose set hours on the elected mayor.

Could the board ask for timesheets instead?
The opinion also rejected a requirement that the mayor keep a timesheet or record and file hours worked.

Why did the AG reach that answer?
It treated the mayor as Elton's elected chief executive and said the aldermen could not use an ordinance or resolution to limit her day-to-day executive authority.

Background and statutory framework

The opinion described the Lawrason Act mayor's general administrative authority under La. R.S. 33:404 and relied on earlier AG opinions about interference with municipal executive operations.

Citations and references

Law cited: La. R.S. 33:404. Earlier AG opinions cited: Nos. 14-0027, 07-0087, and 98-58.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0035

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
June 19, 2023
Attorney General
OPINION 23-0035

    The Honorable Kesia Lemoine                                   77       OFFICERS      - Local & Municipal. Selection,

Qualifications & Tenure; vacancies
Mayor
Town of Elton
La. R.S. 33:404
OX
The Board of Aldermen of the Town of Elton may not
Elton, La 70532
require the Mayor to work a cerlain number of hours,
require a schedule of work hours, or require the Mayor to keep a timesheet and record hours worked Dear Mayor Lemoine:

You have requested an opinion regarding the whether an elected mayor has to work a required amount of hours per month and whether an ordinance could be adopted requiring a mayor to work full-time hours.

The mayor of a Lawrason Act municipality, such as the Town of Elton, serves as the chief executive officer of that municipality.1 As such, the mayor has the authority to supervise and direct the administration and operation of all municipal departments, offices, and agencies, other than a police department with an elected chief of police, in conformity with ordinances adopted by the board of aldermen.”2

The board of alderman may not pass an ordinance that limits the executive authority of the mayor.3 Our office has previously opined that in Lawrason Act municipalities, any ordinance that would interfere with the mayor’s right to conduct the daily operations of the municipality is improper.4 As an elected official and chief executive officer of the municipality, it is the opinion of this office that the Board of Aldermen may not adopt a resolution requiring the Mayor to keep a time sheet or to record and file the number of hours worked; nor adopt an ordinance requiring the Mayor to work set hours.5

If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LANDRY
ATTORNEY GENERA

BY4cJ

Assistant Attorney General

1 La. R.S. 33:362(6).
2 La. R.S. 33;404(A)(1).
Id.
La. Ally. Gen. Op. Nos. 14-0027, 07-0087, 98-58.
5 La. Atty. Gen. Op. No. 14-0027.