Can Sorrento pay its planning commission members a per diem for attending meetings?

Plain-English summary

Sorrento's mayor asked whether the town could pay its planning commissioners a per diem for attending meetings. The official opinion concluded that the commissioners "may not receive a per diem for meeting attendance."

Sorrento had created a five-member municipal planning commission by ordinance under La. R.S. 33:102. The opinion says that, where such a commission exists, it also functions as the zoning commission. La. R.S. 33:103(C)(1), as quoted by the AG, provides that commission members "shall serve without compensation." The opinion acknowledges statutory exceptions but says Sorrento is not within one.

What this means for you

Sorrento officials. The opinion says the town may not use a meeting per diem to compensate the planning commissioners described in the request.

Planning commissioners. The AG treated attendance pay as compensation barred by the statute for this commission, even though members also serve the zoning function.

Common questions

Can Sorrento pay its planning commissioners for meeting attendance?
No. The AG said the members must serve without compensation and Sorrento did not qualify for an exception.

Does serving as the zoning commission change the answer?
The opinion says Sorrento's planning commission also functions as its zoning commission and still concludes the members may not receive the per diem.

Background and statutory framework

The opinion applies La. R.S. 33:103(C)(1)'s compensation rule to the five-member commission created by Sorrento's ordinance under La. R.S. 33:102. Its conclusion is limited to this town and the requested meeting per diem.

Citations and references

Statutes: La. R.S. 33:102, 33:103(C)(1), and 33:4723, as cited in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0091

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
December 5, 2023
OPINION 23-009 1

    Honorable Christopher Guidry                                174    -       ZONING

Mayor of the Town of Sorrento
La R S 33103
P.O.Box65 . . .

The Town of Sorrento may not pay a per diem to the members of Sorrento LA 70778
, the Sorrento Planning Commission.

Dear Mr. Guidry,

Your request for an Attorney General’s Opinion on behalf of the Town of Sorrent& has been assigned to me for research and reply. In your request, you seek this office’s opinion as to whether the Town of Sorrento may pay the members of a municipal planning commission a per diem for meeting attendance.

Pursuant to La. R.S. 33:102, the Town of Sorrento by ordinance created a municipal planning commission consisting of five members appointed by the town council.2 Where a municipal planning commission exists, it also functions as the zoning commission.3 In accordance with La. R.S. 33:103(C)(1), “[ajIl members of a commission, whether a
parish or a municipal planning commission, shall serve without compensation and shall . . .

hold no other public office Although . the
. . .“ statute does provide for certain exceptions, the Town of Sorrento does not fall within any of those exceptions.4 It is therefore the conclusion of this office that the members of the planning commission of the Town of Sorrento may not receive a per diem for meeting attendance.

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 LAN DRY
ATTORNEY GENERAL

BY: CkUL€ çett
CHIMENE ST. AMANT
ASSISTANT ATTORNEY GENERAL
JL:CS

1
The Town of Sorrento is a Lawrason Act municipality. La. R.S. 33:321, et seq.
2 Sorrento Code of Ordinances, Chapter 2, Article 2, Section 2-107(a).

La. R.S. 33:4723, See also, Sorrento Code of Ordinances, Chapter 2, Article 2, Section 2-108.
See Atty. Gen. Op. Nos. 83-270 and 83-785.