When a Louisiana Lawrason Act mayor pro tempore runs a meeting, can he still vote as an alderman, and does he count for a quorum?

Plain-English summary

The attorney for the Town of Grand Isle asked two practical questions about how a Lawrason Act mayor pro tempore should operate when he is presiding over a meeting because the mayor is absent:

1. When he is in the chair, does he still vote as an alderman, or only to break a tie?
2. Does his attendance count toward a quorum, given that the mayor's attendance does not count?

The AG said yes on both, with one careful caveat on the voting question.

On voting. Under La. R.S. 33:405(A)(1), the mayor presides at meetings of the board of aldermen and casts a deciding vote in case of a tie. Under La. R.S. 33:405(A)(3)(a), when the mayor cannot attend, the mayor pro tempore presides and "shall have all rights and powers granted to the mayor with regard to presiding at any such meeting." That gives the mayor pro tempore the mayor's tie-breaking authority.

But the mayor pro tempore does not become the mayor. He is still an alderman, sitting in the chair. The AG has consistently held in prior opinions (La. Atty. Gen. Op. Nos. 11-0275, 01-0036, 93-0669, 93-0398A) that the mayor pro tempore keeps his right to vote as an alderman. The reasoning: in the absence of an express prohibition, the mayor pro tempore must be deemed to retain his power to vote, especially since stripping the vote would leave his constituents (in subdistrict municipalities) without representation, which raises equal-protection and one-person-one-vote concerns. Even though Grand Isle elects its aldermen at-large rather than by subdistrict, the AG keeps the general rule for consistency. And if the legislature had wanted to disable the mayor pro tempore's aldermanic vote, it would have said so expressly in the Lawrason Act.

The caveat on voting. The mayor pro tempore cannot vote twice on the same matter. He must choose. Either he votes as an alderman on the merits, OR he waits and votes to break any tie that emerges. Not both. That avoids double-counting and respects the structure of the tie-breaking power.

On quorum. Under La. R.S. 33:405(E), a majority of the members of the board of aldermen constitutes a quorum. Because the mayor pro tempore keeps his alderman status while presiding, he keeps his quorum-counting status. Prior AG opinions (11-0275, 04-0359) reach the same conclusion.

What this means for you

If you are an alderman currently serving as mayor pro tempore in a Lawrason Act town. When presiding for an absent mayor: you can vote on each matter. Choose before the vote whether you will (a) vote like a regular alderman on the merits, or (b) reserve your vote to break a tie. The first option is the default, since the matter may not even produce a tie. The second option preserves your influence on the closest votes. Document the choice in the minutes.

If you are a Lawrason Act mayor. When you cannot make a meeting, your mayor pro tempore steps into your presiding role and tie-breaking power, but keeps his alderman vote too. That changes the math slightly: the board has its normal number of aldermanic voters, plus a presiding officer who may either vote on the merits or break ties. Plan accordingly when discussing close items you would want to influence.

If you are a town clerk recording minutes for a Lawrason Act board. Note whether the mayor pro tempore voted as an alderman on the merits or held back for a tie. This affects whether subsequent tie-breaking authority is available. If a 3-3 tie occurs and the mayor pro tempore already voted as an alderman, there is no second vote; the motion fails on the tie.

If you are a municipal attorney advising a Lawrason Act town. The AG opinion stack on this question (25-0040 plus 11-0275, 04-0359, 01-0036, 93-0669, 93-0398A) is consistent. Treat this as settled AG guidance. If your client's charter or its local code conflicts with it (some Lawrason Act towns have layered local rules), the Lawrason Act controls because the act is statewide statute.

If you are a citizen of a Lawrason Act town wondering about a meeting where the mayor pro tempore voted. A presiding alderman voting on the merits is not improper. What would be improper is the mayor pro tempore voting twice on the same matter, once as an alderman and again to break a tie. Look at the minutes.

Common questions

Q: Why does the mayor not count toward a quorum but the mayor pro tempore does?
A: The mayor in a Lawrason Act town is elected separately and is not a member of the board of aldermen. He presides and votes only to break ties. The mayor pro tempore is one of the aldermen, selected by the board to preside when the mayor is absent. The mayor pro tempore is therefore both a board member (counts for quorum, has a vote on the merits) and a presiding officer (has a tie-breaking power borrowed from the mayor). Two hats.

Q: What if there is no mayor pro tempore on a given day and the mayor is also absent?
A: La. R.S. 33:405(A)(3) requires the board to select one of its members as mayor pro tempore. If that selection has not happened, the board members present can do so at the start of the meeting before transacting other business. The mayor pro tempore role is intended to be a standing designation, not an ad hoc one.

Q: Can the mayor pro tempore both make a motion AND preside?
A: The statute does not address this directly. Most municipal parliamentary practice allows the presiding officer to participate fully in debate and motions when he is also a member of the body. The mayor pro tempore is a member of the board, so he may move and second motions. Some boards prefer the practice of stepping out of the chair to make a motion (handing the gavel to another alderman) to avoid the appearance of using the chair to control the agenda.

Q: Does this opinion apply to home rule charter municipalities?
A: No. This opinion interprets the Lawrason Act, La. R.S. 33:401 et seq. Home rule charter cities (Baton Rouge, New Orleans, Shreveport, Lafayette, etc.) have their own governance structures defined by their charters. Check your charter for the presiding officer's voting rules.

Q: What happens if the mayor pro tempore votes as an alderman, the vote is 3-3, and the mayor pro tempore tries to break the tie anyway?
A: He cannot. The opinion is clear that he must choose, and once he has voted as an alderman, he has used his vote. A vote to "break the tie" after the fact would be improper. A board member could challenge it on the record. The motion fails on the 3-3 tie.

Background and statutory framework

The Lawrason Act. La. R.S. 33:401 et seq. is the default governing statute for Louisiana municipalities (cities, towns, and villages) that do not have a home rule charter. The Act sets up a mayor-board of aldermen structure, defines officer roles, establishes meeting procedures, and provides various default rules of municipal governance. Most smaller Louisiana municipalities operate under the Lawrason Act.

The mayor's role. La. R.S. 33:405(A)(1) gives the mayor authority to preside at all meetings of the board of aldermen, and to cast a deciding vote when there is an equal division of the board. The mayor is not a member of the board itself, just its presiding officer with a tie-breaking vote.

The mayor pro tempore. La. R.S. 33:405(A)(3)(a) requires the board of aldermen to select one of its members to serve as mayor pro tempore. When the mayor cannot attend a meeting, the mayor pro tempore presides and has "all rights and powers granted to the mayor with regard to presiding at any such meeting." That includes the tie-breaking power. It does not strip the mayor pro tempore's status as an alderman.

Quorum. La. R.S. 33:405(E) sets the quorum at a majority of the members of the board, applicable to regular, special, and emergency meetings.

Prior AG opinions. The AG cited La. Atty. Gen. Op. Nos. 11-0275, 01-0036, 93-0669, and 93-0398A on the voting question, and Nos. 11-0275 and 04-0359 on the quorum question. The line of opinions goes back decades and consistently reaches the same conclusion.

Town of Grand Isle factual context. Grand Isle is a barrier-island town in Jefferson Parish, on the Gulf Coast. The Town's attorney asked the AG to confirm the voting and quorum rules before a meeting in which the mayor was expected to be absent. Grand Isle's aldermen are elected at large, so the equal-protection concern around subdistrict representation does not apply directly, but the AG noted that the general rule applies regardless.

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. 33:405(A)(1) (mayor presides, casts deciding vote on tie)
- La. R.S. 33:405(A)(3)(a) (mayor pro tempore presiding, all rights and powers of mayor for presiding)
- La. R.S. 33:405(E) (quorum is a majority of the board)
- La. R.S. 33:405 generally (Lawrason Act mayor/board structure)

Prior AG opinions referenced:
- La. Atty. Gen. Op. No. 11-0275 (mayor pro tempore retains aldermanic vote and counts toward quorum)
- La. Atty. Gen. Op. No. 04-0359 (mayor pro tempore counts toward quorum)
- La. Atty. Gen. Op. No. 01-0036 (mayor pro tempore retains aldermanic vote)
- La. Atty. Gen. Op. No. 93-0669 (mayor pro tempore retains aldermanic vote)
- La. Atty. Gen. Op. No. 93-0398A (mayor pro tempore retains aldermanic vote)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0040

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

June 23, 2025

OPINION 25-0040

OFFICERS Local & Municipal
La. R.S. 33:405

Mr. Harry L. Cahill III
Attorney
Town of Grand Isle
1100 9th Street
Gretna, Louisiana 70802

Answers questions concerning the rights and duties of the mayor pro tempore of a Lawrason Act municipality.

Dear Mr. Cahill:

We received your request concerning the rights and duties of the mayor pro tempore of a Lawrason Act municipality when he is presiding over a meeting in the absence of the mayor.

Question #1: When the mayor pro tempore is presiding over a meeting in the absence of the mayor, does he have the right to vote on issues before the board in his capacity as an alderman, or can he only vote to break a tie like the mayor would if he were in attendance?

Conclusion: The mayor pro tempore retains his right to vote as an alderman.

The Lawrason Act provides that the mayor shall preside at all meetings of the board of aldermen, and in case there is an equal division, he shall give the deciding vote. La. R.S. 33:405(A)(1). The Act further states that the board of aldermen shall select one of its members to be mayor pro tempore. If the mayor is unable to attend a meeting of the board of aldermen, the mayor pro tempore presides at the meeting in the absence of the mayor. Any such person shall have all rights and powers granted to the mayor with regard to presiding at any such meeting. La. R.S. 33:405(A)(3)(a). Thus, the mayor pro tempore has the authority to provide the deciding vote where there is a tie vote of the board of aldermen.

Furthermore, this office has repeatedly opined that the mayor pro tempore retains his right to vote as an alderman. See La. Atty. Gen. Op. Nos. 11-0275, 01-0036, 93-0669, and 93-0398A. In those opinions, our office determined that, in the absence of a specific prohibition that would prevent the mayor pro tempore from exercising his power to vote as an alderman, he must be deemed to have retained that power. Otherwise, where a councilman is selected from a subdistrict within the municipality his constituency would be without representation, which presents equal protection one-person-one-vote complications. You suggest that this is not a concern in your situation because the council members in the Town of Grand Isle are elected at large rather than in subdistricts. Finally, if the legislature had intended to prevent the mayor pro tempore to vote as an alderman while presiding over the council as mayor pro tempore, it would have provided an express prohibition in the Lawrason Act.

Nevertheless, as you acknowledge in your letter, the mayor pro tempore does not have the ability to vote on a matter as an alderman and then vote again to break a tie. Therefore, he must choose whether he will vote in his capacity as an alderman or wait to break any tie that may exist.

Question #2: Does the attendance of the mayor pro tempore count toward the existence of a quorum, noting that the mayor does not count toward a quorum?

Conclusion: The attendance of the mayor pro tempore counts toward the existence of a quorum.

The Lawrason Act states that a majority of the members of the board of aldermen constitutes a quorum of the board at any meeting, whether regular, special, or emergency. La. R.S. 33:405(E). As discussed above, the mayor pro tempore does not lose his status as an alderman simply because he is presiding over a meeting in the absence of the mayor. Thus, it follows that the mayor pro tempore should retain his status as an alderman for the purposes of determining a quorum. See also La. Atty. Gen. Op. Nos. 11-0275, 04-0359 (accord). Thus, the mayor pro tempore counts toward the existence of a quorum.

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