Did Louisiana's firefighter vacation statute apply to Denham Springs even though the city had fewer than 13,000 residents?

Plain-English summary

Denham Springs reported a 2020 population of 9,286 and asked whether La. R.S. 33:1996's firefighter vacation rule applied despite a 13,000-person threshold elsewhere in the fire-service statutes. The official opinion concluded that the threshold did not limit the vacation provision.

Earlier AG opinions had read La. R.S. 33:1961's population rule as restricting La. R.S. 33:1996 to larger municipalities. The AG changed course after Foster v. City of Leesville, a Louisiana Third Circuit decision, interpreted the two provisions as belonging to different statutory subparts. The opinion expressly recalled the older AG opinions insofar as they reached the contrary population-based result.

The opinion addresses the statute's applicability to smaller municipalities. It quotes vacation amounts from the statute as it existed at the time, but those figures should be checked against current law before use.

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

Did the city's population below 13,000 exempt it from La. R.S. 33:1996?
No. The AG said the population threshold in La. R.S. 33:1961 did not carry over to the vacation provision in a different statutory subpart.

Why did the AG change its earlier position?
The opinion followed the Third Circuit's interpretation in Foster v. City of Leesville and recalled earlier AG opinions to the extent they treated the 13,000-person line as controlling.

Which earlier opinions lost their contrary effect?
The opinion listed Nos. 78-4, 78-4A, 78-66, 78-259, 88-42, 00-266, 00-370, 09-0224, and 12-0063, to the extent they concluded that smaller municipalities were excluded.

Background and statutory framework

The AG compared La. R.S. 33:1961, which states a population rule for its subpart, with La. R.S. 33:1996, the firefighter vacation provision in another subpart. The Denham Springs civil-service board also had leave-rule responsibilities under La. R.S. 33:2557. The appellate decision resolved the relationship between the two subparts for the AG's analysis.

Citations and references

Law cited: La. R.S. 33:1961; La. R.S. 33:1996; La. R.S. 33:2557. Decision discussed: Foster v. City of Leesville, 307 So. 3d 272 (La. App. 3 Cir. 2020).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0067

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
October 26, 2023
OPINION 23-0067

7111 MUNICIPAL FIRE AND POLICE SERVICE
Mr. Henry D. H. OIinde, Jr.
Olinde & Mercer La. R.S. 33:1961 La. R.S. 33:1996
Attorney for the City of Denham Springs
The population requirements of La. R.S. 33:1961 do not apply to
6700 Jefferson Hwy
La. R.S. 33:1996; recalling, to the extent inconsistent with this
7
opinion, La. Atty. Gen. Op. Nos. 78-4, 78-4A, 78-66, 78-259, 88-
B’r l1:J . f
Uk
I ,
42, 00-266, 00-370, 09-0224, 1 2-0063.
Baton Rouge, LA 70806

Dear Mr. Olinde,
Your request for an Attorney General’s Opinion on behalf of the City of Denham Springs Fire and Police Municipal Civil Service Board (“the Board”) has been assigned to me for research and reply. In your request, you seek this office’s opinion as to whether La. R.S.
33:1996 applies to the City of Denham Springs.
In connection with your request, you have provided certain facts, which I set forth below:
According to the official 2020 United States Census, the City of Denham Springs (“the City”) had a population of 9,286 persons.
In light of its population, the City Fire and Police Service is governed by the Fire and Police Civil Service law for Small Municipalities and for Parishes and Fire Protection Districts, La. R.S. 33:2531 et seq.
Pursuant to La. R.S. 33:2557, the Board is obligated to adopt rules providing for leaves of absence (including vacation leave) in the City’s fire service.
Because of this statutory obligation, the question of the applicability of La.
R.S. 33:1996, which sets forth annual vacation requirements for firemen, applies to the City, presents itself to the Board.
With these facts in mind, we now address the legal issues relevant to this matter.
Louisiana Revised Statute 3:1996 provides:
Firemen in municipalities, parishes and fire protection districts to which this Subpart applies, after having served one year, shall be entitled to an annual vacation of eighteen days with full pay. This vacation period shall be increased one day for each year of service over ten years, up to a maximum vacation period of thirty days, all of which shall be with full pay. The vacation privileges herein provided for shall not be forfeited by any member of the department for any cause. Firemen employed on January 6, 1969 shall

Page 2

OPINION 23-0067
Mr. Henry D.H. Olinde, Jr.
Page No. 2
have their present longevity considered as a factor in the computation of their vacation benefits as provided herein.
The provisions of this section shall in no way be construed to affect in any manner any presently existing system of computing vacation periods under which greater vacation benefits are granted than those provided for herein and the same shall continue in full force and effect.
In addition, La. R.S. 33:1961 provides:
This Subpart applies to any paid fire department operated by a municipality which has a population of thirteen thousand or more and also to firemen paid by any parish or fire protection district.
In interpreting these statutes, this office has opined for many years that La. R.S. 33:1961 limits the applicability of La. R.S. 33:1996 to only those municipalities with populations of thirteen thousand or more.1
Nevertheless, in 2020, the Third Circuit decided Foster v. City of Leesville, 2020-47 (La.
App. 3 Cir. 1 1/4/20), 307 So.3d 272, writ denied2O2O-1 396 (La. 1/26/21), 309 So.3d 340, in which it interpreted the same statutes. The Third Circuit determined that, because La.
R.S. 33:1 961 was in Subpart A of Part 2 of Chapter 4 of Title 33 and La. R.S. 33:1996 was in Subpart B of Part 2 of Chapter 4 of Title 33, the population limitations of La. R.S.
33:1961 do not apply to La. R.S. 33:1996.
Accordingly, in view of the decision in Foster, this office now opines that the population requirement found in La. R.S. 33:1961 does not apply to La. R.S. 33:1996. This office hereby recalls previous opinions, including but not limited to, La. Atty. Gen. Op. Nos. 78- 4, 78-4A, 78-66, 78-259, 88-42, 00-266, 00-370, 09-0224, and 1 2-0063 to the extent that the opinions concluded that La. R.S. 33:1996 did not apply to municipalities with populations of less than 13,000. We trust that this opinion has adequately addressed 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,

JEFF LANDRY
ATTORNEY GENERAL

BY:___
CHIMENE ST. AMANT
ASSISTANT ATTORNEY GENERAL
JL:CS

1 See La. Atty. Gen. Op. Nos. 78-4, 78-4A, 78-66, 78-259, 88-42, 00-266, 00-370, 09-0224, 12-0063.