If a Louisiana waterworks district commissioner loses his seat after missing four straight meetings, can the police jury just reappoint him to the same seat?

Plain-English summary

The Allen Parish Police Jury wanted to reappoint a commissioner of the local waterworks district board after his seat was deemed vacant for missing four consecutive meetings. The DA asked the AG whether reappointing the same person was allowed.

La. R.S. 33:3819 sets up the rule. Commissioners of waterworks districts must meet at least once every three months. If a commissioner misses four straight meetings, the seat is deemed vacant, and the police jury (if it appointed the commissioner) fills the vacancy.

The statute says the seat becomes vacant. It does not say anything about who can or cannot be reappointed. Chapter 8 of Title 33 (which governs Louisiana water supply districts) has no general term-limit or eligibility bar that would block reappointment. The Allen Parish Code of Ordinances does not impose one either.

The only Louisiana case on the books interpreting La. R.S. 33:3819 is Aucion v. Spencer, 135 So.2d 105 (La. App. 1 Cir. 1961). That decision addressed a different question: whether a commissioner who had missed four meetings could continue serving until a successor was appointed under La. R.S. 42:2. The First Circuit said no. Aucion did not consider reappointment.

The AG concluded the police jury was free to fill the vacancy by reappointing the same commissioner. The opinion notes that the underlying facts make reappointment reasonable here: the missed meetings were caused by the commissioner's wife's illness, and the police jury wanted him back because he was knowledgeable about the issues facing the district.

What this means for you

If you are a police jury weighing whether to reappoint someone whose seat was vacated for absenteeism. You can. The statutory removal is a one-time consequence triggered by the four-meeting absence; it does not disqualify the person from holding the seat again. Document the reason for the absences and the reasons for wanting the person back, especially if the situation is publicly visible. The reappointment is a fresh act of the police jury, not a reversal of the vacancy.

If you are a waterworks district commissioner who has missed meetings due to a temporary problem (illness, family emergency, deployment). Recognize that under La. R.S. 33:3819, four straight missed meetings creates a vacancy without any discretionary review. Aucion says you do not get to keep serving until a successor is appointed. The path back is reappointment by the police jury, which requires their affirmative action. Communicate with the police jury early if you anticipate missing meetings.

If you are a parish attorney handling waterworks district appointments. This opinion clarifies that the four-meeting-absence rule is a removal mechanism, not a permanent disqualification. Your client police jury has full discretion on who to reappoint. Apply the same conflicts and qualifications screening you would for any new appointment.

If you are a citizen of a Louisiana parish concerned about a waterworks district board's continuity. This opinion preserves flexibility for parishes to keep institutional knowledge on a board even after a statutory vacancy. The trade-off is that the four-meeting absenteeism rule loses some bite when reappointment is routine. The political accountability for any reappointment runs through the police jury vote.

Common questions

Q: Does the four-meeting-absence rule under La. R.S. 33:3819 require any notice or hearing before the seat is vacant?
A: The statute does not require notice or a hearing. The vacancy is deemed to occur on the fourth consecutive missed meeting by operation of law. The First Circuit in Aucion enforced this strictly. The commissioner does not keep the seat pending appointment of a successor.

Q: Can the police jury reappoint immediately, or does it need to wait?
A: The opinion does not require a waiting period. The police jury fills the vacancy at its next regular meeting, or as the police jury's procedural rules allow. The reappointment vote follows the police jury's normal voting requirements.

Q: What if the commissioner was elected rather than appointed by the police jury?
A: La. R.S. 33:3819 says the vacancy is filled "by the police jury, if the commissioner had been appointed by the police jury." For other waterworks district commissioners (such as those chosen through a different selection mechanism in a particular district's enabling statute), look to the specific governing statute and the parish code provisions identified in the opinion's footnotes (sections 82-115, 82-1157, 82-1187, and 82-1217 of the Allen Parish Code of Ordinances). Other parishes have their own code provisions.

Q: Does the four-meeting-absence rule apply to other special-district boards?
A: La. R.S. 33:3819 is a waterworks-district-specific provision. Other types of special districts have their own attendance and removal rules in their enabling statutes. Do not assume the same rule applies to drainage districts, fire districts, or other special-purpose boards without checking the governing statute.

Q: If a commissioner reappointed under this opinion misses another four meetings, does the cycle just repeat?
A: Functionally yes. Each four-meeting absence is a fresh trigger for the vacancy provision. There is no statutory cap on how often the police jury can reappoint, but practical and political pressure typically resolves chronic absenteeism well before that.

Background and statutory framework

Waterworks district governance. Louisiana parishes can create waterworks districts as political subdivisions to provide water supply to rural and unincorporated areas. The districts are governed by boards of commissioners, who are typically appointed by the parish police jury. The governing statutes are in Chapter 8 of Title 33 of the Louisiana Revised Statutes ("Water Supply"), comprising La. R.S. 33:3811 through 33:3838.

The attendance rule. La. R.S. 33:3819 requires waterworks district commissioners to meet at least once every three months. The same statute provides that the absence of a commissioner from any four consecutive meetings creates a vacancy. The police jury fills the vacancy if the police jury made the original appointment.

Term-limit and eligibility limits. Chapter 8 of Title 33 does not impose term limits or post-vacancy disqualifications on waterworks district commissioners. The Allen Parish Code of Ordinances likewise has no such provision in its relevant sections.

The Aucion decision. Aucion v. Spencer, 135 So.2d 105 (La. App. 1 Cir. 1961), addressed whether a commissioner who triggered the four-meeting rule could continue to serve until a successor was named under the general hold-over statute La. R.S. 42:2. The First Circuit held that she had forfeited the office and no longer had any right to serve. Aucion did not consider reappointment of the same person to the same office and is consistent with the AG's reading here.

Allen Parish factual context. Allen Parish is in southwestern Louisiana. The commissioner's missed meetings were caused by his wife's serious illness. The police jury asked the DA for clarification because the police jury wished to bring the commissioner back, recognizing his knowledge of the district's issues.

Liz Murrill is the Attorney General of Louisiana. Chimène St. Amant signed the opinion as Assistant Attorney General.

Citations and references

Statutes:
- La. R.S. 33:3819 (waterworks district commissioner attendance, vacancy on four consecutive missed meetings)
- La. R.S. 42:2 (general hold-over rule for public officers, referenced in Aucion)

Cases:
- Aucion v. Spencer, 135 So.2d 105 (La. App. 1 Cir. 1961) (commissioner who missed four consecutive meetings forfeited office; did not address reappointment)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0010

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA 70804-9005

LIZ MURRILL
ATTORNEY GENERAL

March 13, 2024

OPINION 24-0010

172-A WATER DISTRICTS
Honorable Joseph Green
District Attorney
Thirty-Third Judicial District
Allen Parish
Post Office Box 839
Oberlin, LA 70655

La. R.S. 33:3819

There is no legal impediment to the reappointment by the police jury of a commissioner of the board of the waterworks district whose position was deemed vacant pursuant to La. R.S. 33:3819 after he missed four consecutive meetings.

Dear Mr. Green,

This office has received your request for an Attorney General's Opinion. In your request, you ask whether the Allen Parish Police Jury may reappoint a commissioner of the board of the waterworks district whose position was deemed vacant pursuant to La. R.S. 33:3819 after he missed four consecutive meetings. For the reasons that follow, we find no legal impediment that would prevent the police jury from reappointing the commissioner.

The commissioners of each waterworks district may meet as often as necessary, but shall meet at least once every three months. La. R.S. 33:3819. The absence of a commissioner from any four consecutive meetings shall be deemed to create a vacancy and it shall be filled by the police jury, if the commissioner had been appointed by the police jury. Id.

A review of the statutes in Chapter 8 of Title 33 of the Louisiana Revised Statutes demonstrates that there is no statutory prohibition on the reappointment by the police jury of a commissioner whose seat has been deemed vacant under the circumstances set forth above. In addition, the Allen Parish Code of Ordinances does not contain any prohibition on any such reappointment. Moreover, neither the revised statutes nor the code of ordinances contains any provision for term limits that might otherwise prevent this commissioner from taking office upon reappointment.

The only case we could find that addressed the impact of La. R.S. 33:3819 was Aucion v. Spencer, 135 So.2d 105 (La. App. 1 Cir. 1961). However, Aucion did not involve the issue of whether the commissioner could be reappointed; rather, the case involved whether the commissioner, having missed more than four meetings in a row, was still entitled to serve as a commissioner until her successor was appointed pursuant to La. R.S. 42:2. The First Circuit ultimately determined that she had forfeited her position by missing the meetings and no longer had any right to hold the office until a successor was appointed.

In the situation you present, the commissioner does not have any right to serve as a commissioner until he is reappointed or until his successor is appointed; however, this office concludes that there is no legal impediment preventing the police jury from reappointing the commissioner to the board of the waterworks district if it so desires.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:
CHIMÈNE ST. AMANT
ASSISTANT ATTORNEY GENERAL

LM:CS

[Footnote: In a phone call with this office, you advised that the commissioner had missed the meetings because his wife was very ill. Furthermore, you stated that the police jury wished to reappoint the commissioner because he is very knowledgeable about the issues that come before the commission.]

[Footnote: Chapter 8 is entitled "Water Supply," and consists of La. R.S. 33:3811-3838.]

[Footnote: Allen Parish Code of Ordinances, sections 82-115, 82-1157, 82-1187, and 82-1217.]