Can the Caddo Parish Administrator represent the parish without commission approval or issue statements against the commission's wishes?

Plain-English summary

State Representative Danny McCormick asked the AG two related questions about Caddo Parish governance:

1. Can the Caddo Parish Administrator represent the parish's interests without the Caddo Parish Commission's approval?
2. Can the Administrator submit letters or speak on behalf of the parish in a way that goes against the Commission's wishes?

The AG said no to both.

The reasoning works from the text of the Caddo Parish Home Rule Charter, applying standard Louisiana statutory-interpretation rules (charters are read the same way as statutes, per Melançon v. Parish of Jefferson and Montgomery v. St. Tammany Parish Gov't). The charter assigns different roles to the commission and administrator:

• The Commission is the legislative branch. Charter Art. II, Sec. 2-02. It enacts ordinances and adopts resolutions, including resolutions "for the purpose of expressing an opinion as to some given matter or thing" (Art. III, Sec. 3-11(C)). Resolutions require a majority vote.
• The Administrator is the chief executive officer. Charter Art. IV, Sec. 4-01(A). The Administrator is appointed by the Commission and serves at its pleasure. The enumerated powers in Art. IV, Sec. 4-05 are operational: execute laws, manage personnel, run departments, prepare budgets, report to the Commission, perform administrative functions.

The enumerated administrator powers do not include representing the parish externally or speaking publicly on its behalf. The AG contrasts the charter's silence about administrator representation and statements with its express authorization for commission resolutions expressing opinions.

The charter expressly gives the Commission the authority to express opinions on behalf of the parish through resolutions. Konrad v. Jefferson Parish Council, 520 So.2d 393 (La. 1988), confirms the broad power of a parish council under home rule to act on matters not denied by state law or the charter. The opinion uses that authority and the charter's allocation of powers to answer the two Caddo questions.

The bottom line: the Caddo Parish Administrator must have the Commission's approval to represent the parish's interests, and cannot make statements that go against the Commission's wishes.

What this means for you

If you are the Caddo Parish Administrator. The AG says you need the Caddo Parish Commission's approval to represent the parish's interests. It also says you may not submit letters or make statements on behalf of the parish contrary to the commission's wishes. The opinion does not address personal liability or the legal effect of a document you sign.

If you serve on the Caddo Parish Commission. The opinion points to your charter's resolution process for expressing an opinion on a matter. It contrasts that express commission power with the charter's silence on administrator statements made for the parish.

If you advise another parish. Read that parish's own charter before applying this reasoning. The AG interpreted Caddo's charter and did not decide how another parish or municipality allocates representation authority.

If you cover a Caddo Parish dispute. Check whether the commission approved the administrator's representation of the parish and whether a letter or public statement conflicts with the commission's wishes. Those are the two questions the AG answered. It did not decide a dispute about a specific statement or document.

Common questions

Q: Can the Caddo administrator represent the parish without the commission's approval?
A: The AG says no. It found no authority for that representation in the charter's list of administrator powers and contrasted the commission's express resolution authority.

Q: May the administrator issue a letter contrary to the commission's position?
A: The opinion says the administrator lacks authority to submit letters or make statements on behalf of Caddo Parish contrary to the commission's wishes.

Q: Does the opinion govern every Louisiana parish administrator or city manager?
A: No. It interprets the Caddo Parish Home Rule Charter. It does not decide another local government's charter or the powers of a city manager.

Q: Does this opinion say the administrator can never communicate with the public?
A: It addresses representation of the parish without commission approval and statements made on the parish's behalf contrary to the commission's wishes. It does not analyze ordinary operational updates or every public communication.

Q: Does a letter signed by the administrator bind the parish?
A: The opinion does not address contracts, signed documents, or their legal effect. Its conclusions concern authority to represent the parish and speak for it in the two circumstances presented.

Background and statutory framework

Louisiana home rule charters. Louisiana parishes and municipalities may adopt home rule charters under La. Const. art. VI. The charters set up the structure of local government and the division of authority between legislative and executive officials. The opinion analyzes Caddo's Commission and Administrator roles under its own charter.

Charter interpretation rules. Louisiana treats home rule charters like statutes for interpretation. Melançon v. Parish of Jefferson, 21-0858 (La. 3/25/22), 338 So.3d 1138, 1141, and Montgomery v. St. Tammany Parish Gov't, 17-1811 (La. 6/27/18), 319 So.3d 209, 216, both apply standard statutory-construction rules to charter text. Billeaudeau v. Opelousas Gen. Hosp. Auth., 16-0846 (La. 10/19/16), 218 So.3d 513, 520, and La. C.C. arts. 9 and 11, La. R.S. 1:3 and 1:4 supply the standard rules: read the words in their context, in common usage, and give effect to the clear language.

The Caddo Parish Home Rule Charter structure.

• Art. II, Sec. 2-02 establishes the Caddo Parish Commission as the legislative branch and the Administrator as the executive head.
• Art. III, Sec. 3-11(C) authorizes the Commission to act by resolution to express an opinion on any matter.
• Art. III, Sec. 3-11(D) sets the voting threshold for resolutions at a majority of the entire membership, except as otherwise provided.
• Art. IV, Sec. 4-01(A) provides that the Administrator is appointed by the Commission and serves at its pleasure, unless removed by a two-thirds vote of the entire commission.
• Art. IV, Sec. 4-05 enumerates the Administrator's executive powers: faithfully execute laws and ordinances, appoint and remove parish employees, direct and supervise departments, prepare budgets, report to the Commission, perform administrative functions, etc. External representation and public statements on behalf of the parish are not in the list.

The Konrad doctrine. Konrad v. Jefferson Parish Council, 520 So.2d 393 (La. 1988), confirms that a parish council operating under a home rule charter has authority to exercise any power necessary, requisite, or proper for local government, provided the exercise is not inconsistent with the constitution, denied by general law, or denied by the charter. The Commission's authority to express opinions and represent the parish flows from this broad residual power, on top of its express resolution authority.

Caddo Parish factual context. State Representative Danny McCormick asked whether the Caddo Parish Administrator could represent the parish without commission approval or speak on its behalf against the commission's wishes.

Liz Murrill is the Attorney General of Louisiana. The PDF identifies the signing Assistant Attorney General by initials "TTK" only.

Citations and references

Statutes and codes:

• La. C.C. art. 9 (clear and unambiguous language must be given effect)
• La. C.C. art. 11 (words must be construed according to common and approved usage)
• La. R.S. 1:3 (words and phrases in statutes are construed in their context)
• La. R.S. 1:4 (statute's language is given effect when not absurd)

Cases:

• Melançon v. Parish of Jefferson, 21-0858 (La. 3/25/22), 338 So.3d 1138, 1141 (parish charters interpreted like statutes)
• Montgomery v. St. Tammany Parish Gov't, by and through St. Tammany Parish Council, 17-1811 (La. 6/27/18), 319 So.3d 209, 216 (charter interpretation framework)
• Billeaudeau v. Opelousas Gen. Hosp. Auth., 16-0846 (La. 10/19/16), 218 So.3d 513, 520 (statutory interpretation begins with the language)
• Konrad v. Jefferson Parish Council, 520 So.2d 393 (La. 1988) (broad residual authority of parish council under home rule)

Charter provisions (Caddo Parish Home Rule Charter):

• Art. II, Sec. 2-02 (legislative/executive structure)
• Art. III, Sec. 3-11(C) and (D) (resolutions and voting threshold)
• Art. IV, Sec. 4-01(A) (Administrator appointment, removal)
• Art. IV, Sec. 4-05 (enumerated Administrator powers)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0001

Original opinion text

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

LIZ MURRILL
ATTORNEY GENERAL

June 25, 2025

OPINION 25-0001

71 B Home Charter Rule
La. C.C. art. 9
La. C.C. art. 11
La. R.S. 1:3
La. R.S. 1:4
Caddo Ord. 02-02
Caddo Ord. 03-011
Caddo Ord. 4-001
Caddo Ord. 04-005

Honorable Danny McCormick
State Representative, District 1
Louisiana House of Representatives
P.O. Box 160
Oil City, LA 71061

The Caddo Parish Administrator does not have the authority to represent Caddo Parish's interests absent approval by the Caddo Parish Commission or to submit letters or make statements on behalf of Caddo Parish in a manner contrary to the wishes of the Caddo Parish Commission.

Dear Representative McCormick,

We received your opinion request regarding whether the Caddo Parish Administrator has the authority to do the following: (1) to represent the interests of Caddo Parish absent the Caddo Parish Commission's approval; and (2) to submit letters or speak on behalf of Caddo Parish in a manner contrary to the Caddo Parish Commission's wishes.

Question #1: Does the Caddo Parish Administrator have the authority to represent the interests of the Parish of Caddo without approval of the Caddo Parish Commission?

Conclusion: It is the opinion of this office that the Caddo Parish Administrator does not have the authority to represent Caddo Parish's interests absent approval by the Caddo Parish Commission.

Question #2: Does the Caddo Parish Administrator have the authority to submit letters or speak on behalf of the parish in a manner contrary to the wishes of the Commission?

Conclusion: It is the opinion of this office that the Caddo Parish Administrator does not have the authority to submit letters or make statements on behalf of Caddo Parish in a manner contrary to the wishes of the Caddo Parish Commission.

The Louisiana Supreme Court has held that ordinances and parish charters are to be interpreted using the same guidelines as those used to interpret a statute. Melançon v. Parish of Jefferson, 21-0858 (La. 3/25/22), 338 So.3d 1138, 1141; Montgomery v. St. Tammany Parish Gov't, by and through St. Tammany Parish Council, 17-1811 (La. 6/27/18), 319 So.3d 209, 216. Under the general rules of statutory construction, the interpretation of any statutory provision begins with the language of the statute itself. Billeaudeau v. Opelousas Gen. Hosp. Auth., 16-0846 (La. 10/19/16), 218 So.3d 513, 520. Words and phrases must be read with their context and shall be construed according to the common and approved usage of the language. La. R.S. 1:3. When the provision is clear and unambiguous and its application does not lead to absurd consequences, its language must be given effect, and its provisions must be construed to give effect to the purpose indicated by a fair interpretation of the language used. La. C.C. arts. 9, 11; La. R.S. 1:4; Billeaudeau, 218 So.3d at 520.

The government of the Parish of Caddo is organized by home rule charter. According to the Caddo Parish Home Rule Charter, the Caddo Parish Commission constitutes the legislative branch of the parish government, while the parish administrator is the chief executive officer and head of the executive branch. Caddo Parish Home Rule Charter, Art. II, Sec. 2-02. The Caddo Parish Home Rule Charter specifically authorizes the position of parish administrator and provides, in pertinent part: "The parish administrator shall be appointed by the commission and shall serve at its pleasure, unless otherwise removed from office by a two-thirds vote of the entire membership of the commission." Caddo Parish Home Rule Charter, Art. IV, Sec. 4-01(A). In addition, the Caddo Parish Home Rule Charter outlines the powers and duties of the parish administrator, as follows:

A. The administrator, as chief executive officer of the parish government, shall have the following powers and duties:
(1) See that all laws, provisions of this Charter and acts of the commission, subject to enforcement by the administrator or by officers subject to the administrator's direction and supervision, are faithfully executed.
(2) Appoint and suspend or remove for just cause all parish government employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law. The administrator may authorize any administrative officer who is subject to the administrator's direction and supervision to exercise these powers with respect to subordinates in the officer's department, office or agency.
(3) Direct and supervise the administration of all departments, offices and agencies of the parish government, except as otherwise provided by this Charter.
(4) Prepare and submit the annual budget and five-year capital budget to the commission.
(5) Submit to the commission and make available to the public, within sixty (60) days after the end of the fiscal year, a complete report on the finances and administrative activities of the parish as of the end of each fiscal year.
(6) Make such other reports as the commission may reasonably request to enable the commission to conduct its functions.
(7) Attend commission meetings and furnish such information as may be requested by any commissioner.
(8) Provide and establish a system of internal audit of the affairs of the parish, subject to approval by the commission.
(9) Keep the commission advised as to the financial condition and future needs of the parish and make recommendations to the commission concerning the affairs of the parish.
(10) Perform such other duties as are specified in this Charter or may be required by the commission, not inconsistent with this Charter.
(11) Perform or supervise all executive and administrative functions of parish government.

Caddo Parish Home Rule Charter, Art. IV, Sec. 4-05. In short, the Caddo Parish Administrator is the chief executive officer of the parish and is vested with the executive power of the parish. However, the Caddo Parish Home Rule Charter is silent as to whether the Caddo Parish Administrator may either represent the parish's interests or submit letters or issue statements on behalf of the parish.

In contrast, the Caddo Parish Home Rule Charter expressly authorizes the Caddo Parish Commission to use a resolution "for the purpose of expressing an opinion as to some given matter or thing." Caddo Parish Home Rule Charter, Art. III, Sec. 3-11(C). The resolution must be passed by the favorable vote of at least a majority of the entire membership of the commission, except as otherwise provided in the Charter. Caddo Parish Home Rule Charter, Art. III, Sec. 3-11(D).

Moreover, unlike the parish administrator's enumerated powers, the Caddo Parish Commission is authorized to exercise any power necessary, requisite or proper for local government, provided that the exercise of such power is not inconsistent with the constitution, denied by general law, or denied by its charter. See Konrad v. Jefferson Parish Council, 520 So.2d 393 (La. 1988). In other words, the Caddo Parish Commission may enact resolutions or ordinances that are not denied by general law.

Based on the foregoing, it is the opinion of this office that the Caddo Parish Administrator does not have the authority to: (1) represent Caddo Parish's interests absent approval by the Caddo Parish Commission; or (2) submit letters or issue statements on behalf of Caddo Parish in a manner contrary to the Caddo Parish Commission's wishes.

We trust that this opinion of the Attorney General adequately responds to your inquiry. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

Assistant Attorney General

LM:TTK