In a Louisiana town with a special legislative charter, does the mayor have the authority to hire and fire municipal employees?

Plain-English summary

Mayor Darwin Sharp of Franklinton asked the Louisiana AG whether he has the authority to hire and fire municipal employees in the daily administration of his office. The Town of Franklinton is incorporated under a special legislative charter, Act 96 of 1861, which is silent on personnel matters.

The AG worked through a two-step analysis.

Step 1: When a special charter is silent, the Lawrason Act fills the gap. In 2010, the Louisiana legislature passed La. R.S. 33:481, which provides that "in any municipality governed by a special legislative charter, if the provisions of the special legislative charter are silent on a particular matter, then the provisions of Part I of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950 [the Lawrason Act] shall govern." Section 6 of the Franklinton Charter addresses the appointment or election of the town's officers but does not address the hiring and firing of municipal employees. So the Lawrason Act applies for personnel matters.

Step 2: The Lawrason Act gives the mayor appointment authority, with exceptions. La. R.S. 33:404(A)(3) provides:

Subject to applicable state law, ordinances, and civil service rules and regulations, to appoint and remove municipal employees, other than the employees of a police department with an elected chief of police. However, appointment or removal of a nonelected chief of police, the municipal clerk, the municipal attorney, or any department head shall be subject to approval by the board of aldermen, except that in the case of a tie vote, the recommendation of the mayor shall prevail. Furthermore, selection or removal of any person engaged by a municipality to conduct an examination, review, compilation, or audit of its books and accounts pursuant to R.S. 24:513 shall be subject to approval by the board of aldermen of that municipality.

So the mayor of Franklinton can hire and fire municipal employees generally, with these exceptions:
- Police department employees with an elected chief of police: Off-limits to the mayor (controlled by the elected chief).
- Non-elected chief of police, municipal clerk, municipal attorney, and department heads: Subject to board of aldermen approval; tie votes go to the mayor's recommendation.
- Independent auditors engaged under La. R.S. 24:513: Subject to board of aldermen approval.

Bottom line: The mayor has broad personnel authority subject to civil service rules, applicable state law, and the specific approval requirements for senior positions.

What this means for you

If you are a mayor of a special-charter town doing daily personnel work. Use the La. R.S. 33:404(A)(3) framework. For routine line-employee hires and terminations, the decision is yours, subject to civil service rules if your town has them. For senior positions (department heads, clerk, attorney, non-elected police chief, certified auditors), bring the proposed action to the board for approval, but know that you control tie votes.

If you are a board of aldermen member. Your veto authority over personnel actions exists only for the specific senior positions listed in La. R.S. 33:404(A)(3). For ordinary employees, the mayor's decision is the final municipal action. Trying to block routine personnel actions by ordinance is generally not permitted, because La. R.S. 33:404(A)(3) is the controlling state law.

If you are an employee in a Louisiana special-charter town worried about being fired. Check your town's civil service rules, if any. La. R.S. 33:404(A)(3) explicitly applies "[s]ubject to applicable state law, ordinances, and civil service rules and regulations." If your town has adopted a civil service system, the mayor's removal authority is bounded by those procedures. Many small towns do not have civil service, in which case removal is more discretionary.

If you are a municipal attorney in a special-charter town. Note your own position is among the ones requiring aldermen approval. Selection and termination decisions for the municipal attorney role need a board vote. Document the process to avoid disputes about authority.

If you are advising a town whose charter is older than the Lawrason Act. The 2010 enactment of La. R.S. 33:481 was a major clean-up of Louisiana municipal law: it filled the gaps in old special legislative charters with the modern Lawrason Act framework. When charter-and-state-law conflicts arise, the question is now usually whether the charter speaks to the issue. If it does, the charter controls. If it does not, the Lawrason Act fills the gap.

Common questions

Q: How does a town know if it's governed by a special legislative charter?
A: A special legislative charter is a town-specific incorporation act passed by the Louisiana legislature, typically pre-Lawrason Act. If your town has a charter document distinct from the Lawrason Act framework, it is likely a special charter. The Town of Franklinton's charter dates to 1861 (Act 96). The Louisiana Municipal Association can usually confirm which framework governs a particular municipality.

Q: What is the difference between a special charter and a home rule charter?
A: Both are municipality-specific governing documents. Special legislative charters were the older method, where the legislature granted a specific charter to a specific municipality by special act. Home rule charters came from the 1974 Louisiana Constitution (La. Const. art. VI, § 5) and are adopted by the municipality itself (typically by election) subject to constitutional limits. La. R.S. 33:481's gap-filling rule applies to special legislative charters, not home rule charters.

Q: My charter is from 1861. How can it possibly cover everything I need?
A: It can't. Most older special legislative charters are short documents that establish the basic structure (officers, terms, meeting requirements). The 2010 La. R.S. 33:481 was specifically designed to address the gaps. The Lawrason Act provides a complete modern framework that fills in for whatever the old charter omits.

Q: Can a board of aldermen pass an ordinance restricting the mayor's hire-and-fire authority for ordinary employees?
A: La. R.S. 33:404(A)(3) reads "[s]ubject to applicable state law, ordinances, and civil service rules and regulations." That language gives ordinances some role. But an ordinance that purports to take away the mayor's basic authority over employees the statute commits to the mayor would be on shaky ground. The line between permissible procedural ordinances (job classifications, posting requirements) and impermissible substantive restrictions (requiring aldermen approval of all hires) is fact-specific.

Q: What happens if the mayor and the board of aldermen disagree about whether to hire a particular department head?
A: La. R.S. 33:404(A)(3) tells you. If the board's vote is a tie, the mayor's recommendation prevails. If the board votes against the mayor's recommendation by a majority, the action does not happen.

Background and statutory framework

Special legislative charters. Before the 1974 Louisiana Constitution and the modern Lawrason Act, many Louisiana municipalities were incorporated by special legislative act, which served as the municipality's charter. Many of these charters remain in force today. The Town of Franklinton was incorporated under Act 96 of 1861.

Lawrason Act. La. R.S. 33:321 et seq. The Lawrason Act provides the modern statutory framework for non-charter municipalities and now (via La. R.S. 33:481) for the gaps in special legislative charters.

Gap-filling rule. La. R.S. 33:481, enacted in 2010, provides: "Notwithstanding any other provision of law to the contrary, in any municipality governed by a special legislative charter, if the provisions of the special legislative charter are silent on a particular matter, then the provisions of Part I of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950 shall govern."

Mayoral powers under Lawrason Act. La. R.S. 33:404 enumerates the mayor's powers, duties, and responsibilities. Subsection (A)(3) addresses the appointment and removal of municipal employees and lists the exceptions where board approval is required.

External auditors. La. R.S. 24:513 governs audit requirements for local governments. Selection of an auditor under that statute requires board approval per La. R.S. 33:404(A)(3).

Franklinton facts. Mayor Darwin Sharp serves as mayor of the Town of Franklinton, which is incorporated under Act 96 of 1861. The Charter, in Section 6, addresses the appointment or election of officers but is silent on hiring and firing of municipal employees.

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. 33:404 (Lawrason Act mayoral powers)
- La. R.S. 33:404(A)(3) (appointment and removal of municipal employees)
- La. R.S. 33:481 (gap-filling rule for special legislative charters)
- La. R.S. 24:513 (audit requirements for local governments)

Session laws:
- Acts 1861, No. 96 (Town of Franklinton Charter)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0005

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 14, 2025

OPINION 25-0005

71-1 MUNICIPALITIES - Special Charters
The Honorable Darwin Sharp
La. R.S. 33:404
La. R.S. 33:481
Mayor of the Town of Franklinton
301 Eleventh Ave
Franklinton, LA 70438

The Mayor of the Town of Franklinton has the authority to hire and fire certain municipal employees, subject to certain procedures and restrictions set forth in applicable Louisiana law.

Dear Mayor Sharp:

We received your opinion request regarding the authority of the Mayor of the Town of Franklinton pursuant to the Town Charter. Specifically, you wish to know if you have the authority to hire and fire municipal employees in the daily administration of your office.

Question: Does the Mayor of the Town of Franklinton have the authority to hire and fire municipal employees?

Conclusion: It is the opinion of this office that the Mayor has the authority to hire and fire certain municipal employees, subject to certain procedures and restrictions set forth in applicable Louisiana law.

The Town of Franklinton operates under a Legislative Charter and was incorporated pursuant to Act 96 of 1861. A review of the Charter indicates that, while Section 6 of the Charter provides for the appointment or election of the Town's officers, nothing in the Charter specifically addresses the hiring and firing of municipal employees.

In 2010, the Legislature passed La. R.S. 33:481, which provides, in pertinent part, "Notwithstanding any other provision of law to the contrary, in any municipality governed by a special legislative charter, if the provisions of the special legislative charter are silent on a particular matter, then the provisions of Part I of Chapter 2 of Title 33 of the Louisiana Revised Statutes of 1950 [the Lawrason Act] shall govern." The passage of this provision and the silence of the Charter on this issue require us to look to the Lawrason Act to determine who among the Town's leadership has the authority to hire and fire municipal employees.

La. R.S. 33:404(A)(3) provides that the Mayor has the following powers, duties, and responsibilities:

Subject to applicable state law, ordinances, and civil service rules and regulations, to appoint and remove municipal employees, other than the

OPINION 25-0005
Mayor Darwin Sharp
Page 2

employees of a police department with an elected chief of police. However, appointment or removal of a nonelected chief of police, the municipal clerk, the municipal attorney, or any department head shall be subject to approval by the board of aldermen, except that in the case of a tie vote, the recommendation of the mayor shall prevail. Furthermore, selection or removal of any person engaged by a municipality to conduct an examination, review, compilation, or audit of its books and accounts pursuant to R.S. 24:513 shall be subject to approval by the board of aldermen of that municipality.

Accordingly, it is the opinion of this office that the Mayor of the Town of Franklinton has the authority to hire and fire municipal employees in accordance with La. R.S. 33:481 and La. R.S. 33:404(A)(3).

We hope 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,

LIZ MURRILL
ATTORNEY GENERAL

BY:
Chimène St. Amant
Assistant Attorney General

LM: CS